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Saskatchewan PST Exemption Reinstated for Equipment Used in the Oil and Gas Industry

January 28, 2019

The Saskatchewan Ministry of Finance has reinstated a previously repealed provincial sales tax (PST) exemption on permanently mounted equipment (PME) used in the oil and gas industry. As a retroactive change, PST that had been paid on now-exempt equipment can be claimed back as refunds (as tax paid in error).   BACKGROUND Historically, Order in Council 1436/67 (dated August 16,…

Quebec Public Procurement Authority: Powers and Duties Take Effect

January 25, 2019

On January 25, 2019, certain provisions governing the Autorité des marchés publics (AMP) come into effect, a welcome and anticipated change for many public bodies and private enterprises. The AMP is a neutral and independent public procurement supervisory and regulatory authority in Quebec and the first authority of its kind in Canada. It was created by An Act to facilitate…

OSC Seeks Public Input on Reducing Regulatory Burdens for Market Participants

January 22, 2019

The Ontario Securities Commission (OSC) recently announced plans to engage in a structured public consultation process as the next step in its efforts to reduce the regulatory burden for market participants. The public consultation, outlined in OSC Staff Notice 11-784: Burden Reduction, will include an opportunity for interested stakeholders to submit comments on key areas of securities regulation and participate…

New Guidance from FINTRAC: Expanding Suspicious Transaction Requirements

January 21, 2019

The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) recently updated its industry guidance in respect of suspicious transaction reporting (Guidance) and released: Transaction reporting requirements Reporting suspicious transactions to FINTRAC What is a suspicious transaction report? While the Guidance is helpful in that it sets out FINTRAC’s expectations surrounding the filing of suspicious transaction reports (STRs), because FINTRAC…

Canada Seeks Input on Open Banking Framework

January 15, 2019

The Department of Finance is requesting input from the public and other stakeholders on a consultation paper entitled A Review into the Merits of Open Banking (Consultation Paper). The Consultation Paper seeks to affirm support for developing an open banking framework in Canada that will enable consumers and businesses to authorize third-party financial service providers to access their financial transaction…

Supreme Court Strikes Down Expatriate Voting Restrictions: No “Social Contract” Justification

January 14, 2019

On January 11, 2019, a majority of the Supreme Court of Canada (SCC) ruled in Frank v. Canada (Attorney General) (Frank) that certain provisions in the Canada Elections Act (CEA), which denied federal voting rights to Canadian citizens who resided outside of Canada for more than five consecutive years, are unconstitutional. The majority concluded that the restrictions unjustifiably infringed the right to vote of “every citizen of Canada” in section 3 of the Charter of Rights and Freedoms (Charter). BACKGROUND…

LMA and LSTA Announce Extended Green Loan Principles

January 11, 2019

Major international syndicated lending organizations — the Loan Syndications and Trading Association (LSTA), Loan Market Association (LMA) and Asia Pacific Loan Market Association (APLMA) — recently published an extended set of green loan principles (GLPs). The GLPs are a set of voluntary guidelines intended to promote consistency in the emerging green loan market. The LMA and APLMA originally published the…

Drones: A New Way Forward

January 9, 2019

Drones, also known as unmanned aerial vehicles (UAVs), dominated the media for all the wrong reasons at the end of 2018. The recent drone-related closures of Gatwick and Heathrow airports have refocused the public’s attention on drone regulation. The Canadian UAV industry has been anxiously awaiting the modernization of the regulation of UAV operations within visual line-of-sight (VLOS). While draft…

The CPTPP and Brexit: Implications for Foreign Investment into Canada

January 9, 2019

On December 30, 2018, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) entered into force in Canada, Australia, Japan, Mexico, New Zealand and Singapore. The CPTPP will significantly reduce the regulatory burden associated with investments into Canada by investors based in these countries. However, the U.K.’s pending exit from the European Union (Brexit), which is currently anticipated to take…

Court of Appeal for Ontario Invalidates Foreign Arbitration Clause in Standard Form Contract

January 8, 2019

The Ontario Court of Appeal (Court) has unanimously overturned the lower court’s decision in Heller v. Uber Technologies et al. that stayed a proposed class action against Uber Technologies Ltd. (and related companies, together, Uber) on the basis of a mandatory foreign arbitration clause in the driver’s services agreement. Undertaking a contextual analysis, the Court concluded that the foreign arbitration…

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