Category: Practice Areas

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Judge Questions Whether Ontario’s “Anti-SLAPP” Law Strikes the Right Balance

April 11, 2018

In a recent Ontario Superior Court of Justice decision, Justice E.M. Morgan used Ontario’s new “anti-SLAPP” laws to dismiss a defamation action against The Globe and Mail (Globe). In doing so, however, Justice Morgan raised concerns about whether the law, as he was required to apply it, fulfills its intended purpose of encouraging participation and expression on matters of public…

2018 Quebec Budget: Non-Quebec Residents Required to Register under Provincial Sales Tax Regime

April 11, 2018

The Quebec government recently tabled its 2018-2019 budget (Budget), which announced a number of tax measures, including an initiative to expand the scope of the Quebec sales tax regime (QST) by introducing an obligation for non-residents of the province to register, collect and remit under certain circumstances, the QST on supplies made in the province. The QST regime is the…

International Commercial Arbitration Act Amendments to Make B.C. Even More Arbitration-Friendly

April 10, 2018

On April 9, 2018, the Government of British Columbia introduced Bill 11, International Commercial Arbitration Amendment Act, to amend the International Commercial Arbitration Act (ICAA), which has been in effect since 1996. The amended ICAA will include new provisions that are designed to align the legislative regime in British Columbia with current international best practices and to make B.C. a more desirable venue for…

Alberta Announces Temporary Solvency Funding Relief for Defined Benefit Pension Plans

April 10, 2018

The Alberta Superintendent of Pensions (Superintendent) recently announced long-anticipated measures providing potential funding relief to sponsors of Alberta-registered defined benefit plans. In September 2017, the Superintendent granted sponsors of defined benefit pension plans a six-month filing extension for actuarial valuation reports required as of December 31, 2016, in order to further study whether circumstances warranted the provision of temporary funding…

Canada’s Competition Bureau and Investment Review Division Increasing Cooperation, Information Sharing

April 9, 2018

Canada’s Competition Bureau (Bureau) and the Investment Review Division of Innovation, Science and Economic Development Canada (IRD) are increasingly cooperating and communicating when reviewing large foreign investments into Canada. To this end, on April 6, 2018, the two agencies released an Administrative Note formalizing a number of key procedural considerations for foreign investors. Under the Investment Canada Act (ICA), controlling…

Modern Treaty Rights Prevail Over Duty to Consult First Nations Asserting Aboriginal Rights

April 9, 2018

What happens when a First Nation asserts aboriginal rights or title that conflict with another First Nation’s rights under a modern treaty? In its recent decision, Gamlaxyeltxw v. British Columbia (Minister of Forests, Lands & Natural Resource Operations), the British Columbia Supreme Court (Court) ruled that in these circumstances, the “treaty right must prevail over the duty to consult [the…

CSA Announce Policy Projects to Reduce Regulatory Burden for Public Companies

April 6, 2018

The Canadian Securities Administrators (CSA) recently published Staff Notice 51-353 – Update on CSA Consultations Paper 51-404 Considerations for Reducing Regulatory Burden for Non-Investment Fund Reporting Issuers (Notice), which sets out a number of upcoming CSA policy projects intended to reduce the regulatory burden associated with capital raising in public markets (i.e., prospectus-related requirements) and the ongoing costs (i.e., continuous…

2018 Ontario Budget Looks to Enhance Securities Enforcement Activities

April 5, 2018

As part of its 2018 budget (Budget), the Ontario government announced that it plans to propose new tools to enhance and expand the securities enforcement activities of the Ontario Securities Commission (OSC), including in regard to the criminal prosecution of securities fraud. The Budget does not include details of how or when these proposals will be implemented, but the announcements…

Financial Sector Legislative Reform Continues

April 4, 2018

On March 27, 2018, the federal government introduced Bill C-74, Budget Implementation Act, 2018, No. 1 (Bill), which includes proposed legislative changes that will be of interest to Canada’s financial sector. The Bill provides the government’s response to consultations undertaken in 2016 (see our August 2016 Blakes Bulletin: Canada’s Financial Sector: Legislation for the Future) and 2017 (see our August…

AML in Canada:Where are we?

April 3, 2018

In a recent Consultation Paper, the Department of Finance proposed some major changes to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA). Hear more about the proposed changes, the upcoming new regulations and what they mean for your business. Speakers Jacqueline Shinfield, Partner Valdimir Shatiryan, Associate Mandatory Continuing Education This program contains 1 hour of Substantive content.

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