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Fight Against Corruption: Quebec Grants UPAC Greater Independence, Authorizes Agreements with Cooperating Witnesses

February 21, 2018

The recommendations of the Charbonneau Commission report filed in November 2015 continue to resonate within the Quebec legislative landscape. An Act to increase the jurisdiction and independence of the Anti-Corruption Commissioner and the Bureau des enquêtes indépendantes and expand the power of the Director of Criminal and Penal Prosecutions to grant certain benefits to cooperating witnesses (Act), implementing several of…

Canadian Competition Policy Focuses in on “Big Data”

February 20, 2018

The application of competition law and policy to “big data” has become a major focus for government agencies in Canada and around the world. In recent weeks, both the Competition Bureau and the Bank of Canada have weighed in. Competition regulators around the world, from the U.S. to Japan to Germany and the European Union have also issued their own…

SCC Integrates Reasonable Accommodation Concept into Assessment of the Right to Return to Work

February 20, 2018

The Supreme Court of Canada (SCC) recently rendered judgment in Québec (Commission des normes, de l’équité, de la santé et de la sécurité du travail) v. Caron (Caron Judgment), integrating the concept of reasonable accommodation into the assessment of the right to return to work of an employee who has suffered a work-related injury under the Act respecting industrial accidents…

B.C. Court Decision Provides Example of the State of Indigenous Law in Canada

February 13, 2018

Court decisions can often provide learning opportunities — they establish legal principles, apply those principles to certain facts, and illustrate relative trends, or stability, in the law. The recent decision of the B.C. Supreme Court in Fort Nelson First Nation v. B.C. Oil and Gas Commission (Fort Nelson) provides a number of learning opportunities. It offers another data point on…

Election Finances: Recent Reforms in British Columbia, Manitoba and New Brunswick

February 13, 2018

Election finance rules in British Columbia, Manitoba and New Brunswick have undergone significant reform over the past several months. British Columbia has now imposed monetary limits on political contributions, prohibited corporate contributions and introduced new requirements governing sponsorship contributions made to third-party advertisers. New Brunswick has similarly imposed restrictions on making political contributions and decreased its monetary limits for political…

Federal Government Overhauls Canadian Environmental Legislation

February 12, 2018

The federal government has, as promised, introduced two new pieces of legislation which together, overhaul the federal environmental assessment (now to be re-named impact assessment) regime in Canada; replace the National Energy Board (NEB) with a new Tribunal; and significantly amend fisheries and navigable waters legislation. Bill C-68 addresses the Fisheries Act modernization while Bill C-69 covers the other three…

Implementing UNDRIP? Federal Government Releases Draft Environmental Legislation

February 12, 2018

On February 8, 2018, the Government of Canada introduced Bill C-69 to reform the federal environmental impact assessment process, replace the National Energy Board and amend the Navigation Protection Act. Two days earlier, Bill C-68 proposed amendments to the Fisheries Act. The proposed legislation provides the most significant illustration to date of how the federal government intends to meet its…

Department of Finance Reviewing Canada’s Anti-Money Laundering and Anti-Terrorist Financing Regime

February 12, 2018

On February 7, 2018, the Department of Finance released a consultation paper (Paper) reviewing Canada’s anti-money laundering and anti-terrorist financing regime (AML/ATF). The Paper is intended to support parliament’s upcoming prescribed five-year review of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and sets out policy considerations that call for amendments to the current AML/ATF regime. The…

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…