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Quebec Court of Appeal’s Analysis on Untimely Resignations and the Duty of Loyalty of Employees

December 5, 2018

The Quebec Court of Appeal (Court) has established that employees who terminate their employment relationship without notice may work for a competitor without necessarily violating their duty of loyalty. However, resigning employees still have the obligation to make reparation for harm caused by their failure to provide notice, the Court ruled. The Civil Code of Quebec stipulates that, pursuant to…

Canada Imposes Sanctions Against Saudi Arabian Nationals

December 4, 2018

On November 29, 2018, Canada’s Minister of Foreign Affairs announced sanctions against 17 Saudi Arabian nationals. The individuals have been designated in the regulations made under the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) (SML). SML authorizes the government to designate foreign nationals or foreign public officials (or their associates) who, in the government’s view, are…

A Primer on Canadian Sanctions Legislation

December 4, 2018

Canada, like other major jurisdictions, has a broad range of economic and financial sanctions targeting foreign states and their nationals, as well as various terrorist organizations. Given that Canada is in many ways a trading nation, and many Canadian businesses have ties elsewhere, sanctions laws have a significant impact not only on the target countries but also on Canadian businesses….

Ontario’s Bill 57: Proposed Changes to the Ontario Pension Benefits Act

November 28, 2018

The Ontario government recently tabled its Economic Outlook and Fiscal Review (Review), which included a number of registered pension plan related provisions, and introduced Bill 57, Restoring Trust, Transparency and Accountability Act, 2018 (Bill 57) in the Ontario legislature. If passed, Bill 57 will implement certain provisions of the Review, including amendments to the Pension Benefits Act (PBA), as summarized…

New Year, New Environmental Rules: Alberta’s Revised Remediation Rules Take Effect in 2019

November 27, 2018

On January 1, 2019, significant amendments to Alberta’s Remediation Certificate Regulation will come into force. These include: Renaming the regulation the Remediation Regulation Creating a site-based remediation certificate Creating a new reporting requirement for impacts Defaulting to the application of Tier 1 rather than Tier 2 Guidelines Issuing a Tier 2 compliance letter Establishing a new mandatory remedial measures timeline…

Alberta Securities Commission Announces New Whistleblower Program

November 26, 2018

On November 20, 2018, the Alberta Securities Commission (ASC) announced the creation of its whistleblower program (Program) through the adoption of ASC Policy 15-602 Whistleblower Program (Policy) and accompanying amendments to the Alberta Securities Act (Act). The Office of the Whistleblower was established to oversee and enforce the whistleblower legislation. The Program’s goal is to facilitate reporting in order to…

Ontario Passes Bill 47, Making Ontario Open for Business Act, 2018

November 23, 2018

On November 21, 2018, the Ontario government passed the Making Ontario Open for Business Act, 2018 (Bill 47), which introduces significant changes to Ontario’s Employment Standards Act, 2000 (ESA), Labour Relations Act, 1995 and the Ontario College of Trades and Apprenticeship Act, 2009. As discussed in our October 2018 Blakes Bulletin: Ontario Looks to Roll Out Major Changes to Labour…

Cy-Près Love: B.C. to Impose Requirements for Charitable Distributions of Funds from Class Proceedings

November 22, 2018

On November 19, 2018, the Government of British Columbia introduced Bill 57, Attorney General Statutes Amendment Act, 2018 (Bill), in the legislative assembly for first reading. If passed, the Bill will amend the Class Proceedings Act to provide direction on how to allocate undistributed funds at the end of a class action. Historically, funds that were not distributed to the…

Selected Tax Measures from the 2018 Fall Economic Statement: Changes for Capital Assets, Canadian Journalism

November 22, 2018

On November 21, 2018, Canada’s Finance Minister Bill Morneau presented the federal government’s Fall Economic Statement (Statement), which includes significant tax changes that take effect immediately. This bulletin highlights two tax measures included in the Statement: changes to Canadian tax depreciation rates for new investments in capital assets, and measures designed to support Canadian journalism. ACCELERATED TAX DEPRECIATION FOR NEW…

Real Estate Developers in B.C. Face New Reporting Requirements for Assignments of Pre-Sale Purchase Agreements

November 19, 2018

Effective January 1, 2019, developers marketing real estate development properties located in British Columbia will be subject to new information collection, reporting, and document retention requirements with respect to assignments of purchase agreements. Developers currently undertaking (or planning to undertake) a new development must ensure their purchase agreements comply with the new requirements. These changes follow the province’s passage of…

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