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Competition Bureau Intensifies Focus on Non-Notifiable Transactions, Digital Economy

September 20, 2019

The Canadian Competition Bureau (Bureau) issued two announcements in September 2019 that impact companies doing business in Canada. First, the Bureau will expand its monitoring of non-notifiable transactions. Second, the Bureau called on participants in the digital economy to submit information about conduct in the industry that could be harmful to competition. 1. STEPPING UP MARKET SURVEILLANCE EFFORTS  On September…

Ontario Pledges C$10-Million to Automotive Sector to Encourage New Technology, Lean Manufacturing

September 11, 2019

On September 9, 2019, Ontario pledged C$10-million over three years to the Ontario Automotive Modernization Program (O-AMP), a key supply chain commitment under the Driving Prosperity plan. Driving Prosperity: The Future of Ontario’s Automotive Sector is a 10-year plan to strengthen competitiveness and innovation in Ontario’s automotive sector. For more information about the Driving Prosperity plan, please see our March…

FINTRAC Reveals Its Secret Formula for Determining “Harm Done”, Calculating AMP Amounts

September 10, 2019

The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) recently released its interpretation of the term “harm done” in the context of violations of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and its associated regulations (Regulations). The “harm done” guidance should be read together with the administrative monetary penalties policy (AMP Policy) issued by FINTRAC…

Environmental Litigation on the Rise in Corporate Canada and Around the World

September 10, 2019

Climate change litigation continues to evolve in many jurisdictions and Canada has seen its fair share of proceedings seeking to hold governments and the oil and gas, energy and power industries responsible for carbon dioxide emissions. CLIMATE CHANGE LITIGATION AT HOME AND ABROAD Europe The genesis of much climate change litigation was a 2015 decision of the Hague District Court…

Raising the BAR: CSA Propose Rules to Increase Business Acquisition Report Triggers and Thresholds

September 9, 2019

On September 5, 2019, the Canadian Securities Administrators (CSA) published for comment proposed amendments (Proposed Amendments) to National Instrument 51-102 Continuous Disclosure Obligations (NI 51-102) and its companion policies related to the business acquisition report (BAR) requirements for reporting issuers that are not venture issuers (non-venture reporting issuers). The CSA previously announced policy projects to reduce the regulatory burden for…

Mach Group “Mini Tender” Offer to Buy Montreal-Based Airline Won’t Fly: Quebec Financial Markets Tribunal

September 4, 2019

On August 11, 2019, Quebec’s financial markets administrative tribunal (TAMF), by a majority decision, invoked its public interest jurisdiction to cease trade Mach Group Inc.’s offer (Mach Offer) to acquire 19.5 per cent of the outstanding class B voting shares of Transat A.T. Inc. (Transat) at a price of C$14 per share. TAMF determined the offer was abusive to Transat…

What Comes First: Deemed Trusts or Court-Ordered Super Priority Charges? ABCA Weighs In

September 3, 2019

On August 29, 2019, the Alberta Court of Appeal released its decision in Canada v. Canada North Group Inc. The majority – Justice P. Rowbotham and Justice F. Schutz – upheld the chambers judge’s ruling that the Crown’s interest under deemed statutory trust provisions of the Income Tax Act (ITA), Canada Pension Plan (CPP), and Employment Insurance Act (EIA) is…

Reminder for Federally Regulated Employers: Sweeping Changes to Canada Labour Code Coming September 1, 2019

August 26, 2019

Part III of the Canada Labour Code (Code) and its accompanying regulations, which provide labour standards for federally regulated employers, are scheduled to undergo significant changes pursuant to the coming into force of certain provisions of Bill C-86, the Budget Implementation Act, 2018, No. 2 (Bill C-86), and Bill C-63, the Budget Implementation Act, 2017, No. 2 (Bill C-63). The…

Infrastructure Update: New NERC Directive Emphasizes Cyber Planning and Reporting for Electrical Energy Sector

August 26, 2019

The North American Electric Reliability Corp. (NERC) recently adopted the Cyber Security – Incident Reporting and Response Planning CIP-008-6 directive (Directive), which creates new cybersecurity incident reporting obligations for bulk electric systems (BES) categorized as high or medium impact in North America. The Directive also emphasizes the importance of cyber planning and preparedness and is set to be implemented in…

Federal Overhaul of Environmental Laws to Take Effect August 28, 2019: New Impact Assessment Triggers and Other Details Released

August 12, 2019

The federal government’s long-awaited overhaul of key environmental laws (Bill C-69, which implements the new Impact Assessment Act, the Canadian Energy Regulator Act and the Canadian Navigable Waters Act and related regulations) will take effect on August 28, 2019. The Impact Assessment Act will replace the Canadian Environmental Assessment Act, 2012, (CEAA 2012) overhauling the federal environmental assessment (now impact…