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Back in “Sessions”: CSA Reaffirms Disclosure-Based Approach For Canadian Reporting Issuers with U.S. Cannabis-Related Business Activities

February 12, 2018

On February 8, 2018, the Canadian Securities Administrators (CSA) released a highly anticipated notice clarifying the CSA’s position regarding issuers with cannabis-related activities in the United States. The revised staff notice reaffirms the CSA’s disclosure-based approach and sets out additional disclosure expectations for issuers with U.S. cannabis-related activities. The notice follows the CSA’s previously released statement on January 12, 2018,…

Canada’s Privacy Commissioner Recommends European-Style “Right to be Forgotten”

February 8, 2018

Recently, the Office of the Privacy Commissioner of Canada (OPC) released an important draft Position on Online Reputation (paper). The paper takes the position that current federal privacy legislation, the Personal Information Protection and Electronic Documents Act, SC 2000, c 5 (PIPEDA), entitles individuals to ask search engines to de-index web pages that contain inaccurate, incomplete or outdated information about…

B.C. Provides Update Relating to Retail and Wholesale Distribution of Non-Medical Cannabis

February 7, 2018

On February 5, 2018, the British Columbia government supplied additional insight into its proposed retail and wholesale distribution framework for non-medical cannabis through the release of its Private Retail Licensing Guide (Guide) and Liquor Distribution Branch Information Sheet. The B.C. government has noted that, while these publications set out its intentions for B.C.’s retail framework, this framework is subject to…

American Citizen Secures Aboriginal Rights in Canada

February 7, 2018

The British Columbia Supreme Court (BCSC) affirmed in R. v. DeSautel (DeSautel) that the constitutional protection of aboriginal rights in s. 35 of the Constitution Act, 1982 extends to an aboriginal group that resides in the United States. In doing so, the BCSC upheld a prior decision of the Provincial Court of British Columbia (Court). For further details, see our…

B.C.’s Bitumen Blockade: Selected Legal Options Available to Producers and Shippers

February 6, 2018

Recently, the Government of British Columbia released an announcement to consider a series of proposed measures to restrict the shipment of diluted bitumen from Alberta oil sands operations by rail or pipelines, setting the stage for a constitutional dispute. If the proposals are enacted, such regulations will directly engage federally regulated matters of interprovincial commerce as well as interprovincial trade…

IIROC and MFDA Statements of Priorities Show Continued Focus on Conflicts, Transparency and Cybersecurity in 2018

February 1, 2018

The Investment Industry Regulatory Organization of Canada (IIROC) and the Mutual Fund Dealers Association of Canada (MFDA) have each released statements of priorities for 2018. Taken together, and in conjunction with recently stated priorities of provincial securities regulators such as the Ontario Securities Commission, the statements illustrate that securities regulators will continue to focus closely on issues of conflicts of…

Prince Edward Island Lobbying Regime on the Horizon

February 1, 2018

Recently, the Prince Edward Island Legislative Assembly passed the Lobbyists Registration Act (Act). The passage of this legislation marks an important step towards establishing a lobbying regime in the province. A proclamation date has not yet been announced, but in other jurisdictions it has typically required several months between passage and proclamation to allow for an office and registry to…

“Insider” Trading: Who Is an Insider?

January 31, 2018

The Ontario Court of Appeal’s decision in Finkelstein v. Ontario Securities Commission clarifies when a recipient of material, non-public information (MNPI) about a public issuer (a “tippee”) may be liable for insider trading or tipping. In particular, the court addresses when a person may be inferred to be in a “special relationship” with an issuer sufficient to ground liability. The…

Courts Issue Guidance for Litigation-Privileged Documents During Regulatory Investigations

January 30, 2018

Certain incidents at a worksite or industrial facility may trigger statutory reporting or investigative requirements. Companies may also want to conduct their own litigation-privileged internal investigation of the same incidents. Two recent Alberta and Saskatchewan cases provide guidance as to whether and when privilege can be claimed over internal investigation materials and when those materials must be produced to regulators….

Competition Bureau Files Application Alleging Misleading Ticket Pricing

January 30, 2018

On January 25, 2018, the Competition Bureau (Bureau) filed an application with the Competition Tribunal (Tribunal) against Ticketmaster, its parent company Live Nation, and certain other Live Nation subsidiaries (collectively, Ticketmaster), for allegedly making deceptive marketing claims to consumers when advertising ticket prices for sports and entertainment events. The application’s key issue is that Ticketmaster charges consumers non-optional fees, which…