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Public Contracts in Quebec: First Order of the Autorité des Marchés Publics Welcomed by Industry Stakeholders

July 3, 2019

On June 21, 2019, Quebec’s autorité des marchés publics (AMP) rendered its first decision, less than a month after the coming into force of its powers to examine and process complaints about public procurement processes and contract awards. In this decision, the AMP ordered the cancellation of a call for tenders issued by the CHU de Québec-Université Laval (CHU). The…

Federal Government Passes Controversial Environmental Legislation and Tanker Ban

June 27, 2019

The Government of Canada has enacted two new pieces of environmental legislation, significantly altering the process for federal project approvals in Canada. It has also passed extensive amendments to the rules regarding navigable waters and fish habitat protections that had been previously changed through omnibus legislation in 2012. On June 20, 2019, the Senate passed three bills: Bill C-69, the…

Health Canada Introduces Cannabis Health Products, A Budding Category

June 24, 2019

The federal government recently launched a consultation to seek feedback on the introduction of a new category of health products with cannabis, referred to as cannabis health products (CHPs). If implemented, this regime would have the potential to create a new market for cannabis products in Canada, especially given the recent interest in using cannabidiol (CBD)-based products for minor ailments….

Proposed Changes to Stock Option Tax Rules

June 19, 2019

On June 17, 2019, Canada’s finance minister tabled a Notice of Ways and Means Motion regarding the taxation of employee stock options. This follows from the government’s announcement in the 2019 Budget that it intended to limit the availability of the 50 per cent deduction on employee stock option benefits (i.e., the deduction that effectively provides capital gains treatment on…

Commissioner of Competition Challenges Software Deal

June 19, 2019

On June 14, 2019, the Canadian Commissioner of Competition (Commissioner) sued to unwind a recently completed merger involving companies that offer software to manage oil and gas reserves. WHAT BUSINESSES NEED TO KNOW The Commissioner indicated in a recent address that he would be stepping up enforcement of the merger provisions of the Competition Act, including transactions that fall below…

The African Continental Free Trade Area: A Promising Future for Opportunities

June 18, 2019

With the ratification by 22 African states, the African Continental Free Trade Area agreement (AfCFTA Agreement) came into force on May 30, 2019 to establish the African Continental Free Trade Area (AfCFTA). Having met its minimum threshold of 22 ratifying states, the AfCFTA Agreement can now be implemented to allow the trade of goods and services with virtually no restraints….

Quebec’s Lobbyists Commissioner Calls for Complete Overhaul of Lobbying Transparency and Ethics Act

June 12, 2019

BACKGROUND In a report entitled Simplicité, Clarté, Pertinence, Efficacité – Réforme de l’encadrement du lobbyisme (Report), Quebec’s Lobbyists Commissioner (Commissioner) turned the spotlight on the legal framework applicable to lobbying activities and called for an overhaul of the Lobbying Transparency and Ethics Act (Act). The Act, which has been in effect since 2002, sets out a regime designed to foster…

Blockchain Remittance Platform ZED Network Receives First Prospectus Exemption for Distributing Crypto Tokens

June 12, 2019

The Ontario Securities Commission (OSC), on behalf of the Canadian Securities Administrators (CSA), recently granted ZED Network Inc. (Company) discretionary exemptive relief from prospectus and dealer registration requirements under Canadian securities laws for the distribution of the ZED digital remittance and foreign exchange blockchain token. This prospectus exemption is the first granted under the CSA Regulatory Sandbox for a primary…

Not Above the Rules: Alberta Court of Appeal Dismisses Self-Represented Action for Delay

June 5, 2019

In its recent decision in Morrison v. Galvanic Applied Sciences Inc., the Alberta Court of Appeal (Court) reaffirmed that the Alberta Rules of Court (Rules) apply in full force to self-represented litigants. The Court upheld the dismissal of the plaintiffs’ claim, which had been commenced by the originating application when the plaintiffs were self-represented. The claim was dismissed on both…

Ontario PPSA Amended to Recognize Electronic Chattel Paper

June 4, 2019

Amendments to the Ontario Personal Property Security Act (PPSA) were enacted on May 29, 2019, which will make it easier for lessors and financiers to originate, finance and securitize electronic chattel paper (e.g., leases, conditional sale contracts and chattel mortgages) once they have implemented secure electronic-vaulting systems. These amendments are based on, but are not identical to, the electronic chattel…