Category:

B.C. Environmental Appeal Board Refuses Expert Opinion from Consultant Who Acted As Agent

August 9, 2018

The British Columbia Environment Appeal Board (Board) recently ruled that a consultant who had acted as agent for one of the parties to an environmental appeal could not testify as an expert witness on behalf of that party. Parties seeking assistance from their technical experts in applications for regulatory permits or subsequent appeals should exercise caution before having them assist…

CSA Highlight Common Deficiencies in Continuous Disclosure

August 7, 2018

The Canadian Securities Administrators (CSA) have released CSA Staff Notice 51-355 – Continuous Disclosure Review Program Activities for the fiscal years ended March 31, 2018 and March 31, 2017 (Notice), summarizing the results of its members’ continuous disclosure review programs for the past two years. The Notice includes information about areas where the CSA have identified common deficiencies, with examples…

Pending CFIUS Reform Expands U.S. Foreign Investment Review

August 2, 2018

Recently, the United States House of Representatives passed legislation, which, if also passed by the Senate and signed into law by the president, will significantly expand the jurisdiction to review foreign investments on national security grounds. KEY TAKEAWAYS FOR CANADIAN COMPANIES: Canadian companies looking to make investments in the U.S. could face a longer review period and a substantial filing…

Summer Update: Lobbying and Election Finance Reform in Alberta, Prince Edward Island

July 30, 2018

The provinces of Alberta and Prince Edward Island recently introduced significant changes to their respective lobbying and election finance legislation. ALBERTA The Province of Alberta recently revised its Lobbyists Act and Election Finances and Contributions Disclosure Act. Below is a summary of the key legislative changes. Lobbyists Act Grassroots Lobbying “Lobbying” under the Alberta Lobbyists Act (LA) now includes grass-roots…

B.C. Restricts Oil and Gas Developments in Blueberry River First Nation Territory

July 27, 2018

The British Columbia Oil and Gas Commission (OGC) recently announced new interim measures for oil and gas developments in Blueberry River First Nation (BRFN) traditional territory. The interim measures address concerns raised by BRFN with respect to new oil and gas development activities by prohibiting or restricting new surface disturbance in defined critical areas of BRFN territory, while managing development…

British Columbia Introduces New Public Procurement Strategy

July 24, 2018

The B.C. Ministry of Citizens’ Services (Ministry) recently introduced a new procurement strategy (Strategy), with the aim to “change the way government buys goods and services and make it easier for businesses to access opportunities”. With over C$6-billion spent annually by the B.C. government on procuring goods and services, the Strategy could have a big impact in the province.  The…

CRTC Issues Penalties to Middle Men Under CASL to Combat Malware Installation

July 23, 2018

On July 11, 2018, the Canadian Radio-television and Telecommunications Commission (CRTC) issued notices of violation under Canada’s Anti-Spam Legislation (CASL) and monetary penalties totalling C$250,000, against two companies for allegedly aiding in the installation of malicious computer programs (or malware) through the distribution of online advertising. These fines mark the first time the CRTC has taken enforcement action to combat…

CSA Publishes Reforms to Enhance Client-Registrant Relationship and Policy on Embedded Commissions

July 11, 2018

The Canadian Securities Administrators (CSA) recently released two highly anticipated notices related to CSA’s investor protection initiatives. The proposals are the result of a lengthy consultation process and aim to better align the interests of registrants with the interest of their clients, improve outcomes for clients and clarify to clients the nature and the terms of their relationships with registrants….

Ontario Court Upholds Debarment of Municipal Contractor, Confirms Municipalities’ Broad Discretion in Commercial Decision-Making

July 10, 2018

In its recent decision, Interpaving Limited v. City of Greater Sudbury, the Ontario Superior Court of Justice (Divisional Court) (Court) upheld a municipality’s four-year debarment of a contractor, affirming municipalities’ broad discretion to make business decisions. The Court also described the scope of the duty of procedural fairness in public sector debarments.   BACKGROUND Interpaving Limited (Contractor) is a road…

Communicating with Ontario’s New Government: A Refresher

July 9, 2018

On June 29, 2018, the new Premier of Ontario, Doug Ford, and his cabinet were sworn in, the first change in government in 15 years. The new government has announced wide-ranging plans that will impact sectors as varied as health, energy and infrastructure. Those seeking to communicate or liaise with the new government should keep in mind the lobbying and…