Year in Review: Legislation and Guidance for Financial Institutions in 2013

January 20, 2015

The regulatory world for federally regulated financial institutions (FRFIs) continued to get more complex in 2013, with a multitude of legislative and regulatory initiatives being proposed and implemented in the course of the year. We summarize these developments below. POLICY INITIATIVES Canada’s Economic Action Plan 2013 A New Consumer Code On March 21, 2013, the federal government published its Economic…

Reminder: CASL’s Software Installation Provisions Take Effect on January 15, 2015

January 14, 2015

  Phase 2 of Canada’s Anti-Spam Legislation (CASL) relating to the installation of computer programs will come into force on January 15, 2015. Commonly referred to as the malware prohibition, CASL goes far beyond prohibiting malware and will impact companies that install computer programs even where there is no improper purpose. As a result, many businesses, including those outside of…

Canada Counters Counterfeiting: Border Enforcement Provisions of CCPA Come into Force

January 13, 2015

  After years of calls for reform from intellectual property rights owners, the Canadian government has enacted new legislation in an effort to fight counterfeiters acting on a commercial scale. Bill C-8, the Combating Counterfeit Products Act (CCPA) received royal assent on December 9, 2014. Some provisions of the CCPA came into force at that time, including new criminal and…

B.C. Court of Appeal Finds Just Cause to Terminate Manager Over Misuse of Company Property

January 12, 2015

  In Roe v. British Columbia Ferry Services Ltd., the British Columbia Court of Appeal allowed the appeal of a wrongful dismissal case on the basis that the trial judge erred in characterizing the dishonest conduct of an employee as merely trifling and insignificant. In doing so, the Court of Appeal reinforces the objective, contextual analysis required for cases where…

New PPH Pilot Agreement between CIPO and EPO

January 9, 2015

  A new Patent Prosecution Highway (PPH) pilot agreement between the Canadian Intellectual Property Office (CIPO) and the European Patent Office (the EPO) came into effect on January 6, 2015. The pilot will last for a period of three years, ending on January 5, 2018, and aims to accelerate patent examination for applicants who file in both CIPO and the…

Bill 3 Amendments to Alberta’s Privacy Legislation Now in Force

January 9, 2015

  Amendments to Alberta’s Personal Information Protection Act (PIPA), originating in Bill 3, came into force on December 17, 2014. As discussed in our November 2014 Blakes Bulletin: Privacy Exceptions for Picketing: Alberta’s Proposed Changes to PIPA, these amendments are the Alberta government’s response to the 2013 decision of the Supreme Court of Canada in Alberta (Information and Privacy Commissioner)…

CSA Implements Amendments to Oil and Gas Disclosure Requirements

January 7, 2015

  The Canadian Securities Administrators (CSA) have implemented significant amendments to the oil and gas disclosure requirements contained in National Instrument 51-101 Standards of Disclosure for Oil and Gas Activities (NI 51-101), its Companion Policy (CP 51-101) and related forms and notices. The changes affect both general, ongoing disclosure relating to oil and gas activities and specific annual disclosure requirements….

Lobbying Legislation Changes for Communicating with Ontario and Alberta Governments

January 6, 2015

  Recent amendments to Ontario and Alberta’s lobbying regimes will mean changes for persons who communicate with governments in those jurisdictions. The effective date of Ontario’s legislation has yet to be announced while Alberta’s amendments have already taken effect.     AMENDMENTS TO ONTARIO’S LOBBYISTS REGISTRATION ACT   In August, the Ontario government introduced Bill 8, Public Sector and MPP…

Court of Appeal for Ontario Clarifies Leave and Certification Standards

December 22, 2014

  The Court of Appeal for Ontario’s recent decision Bayens v. Kinross Gold Corporation clarifies the standard for obtaining leave to advance statutory claims for secondary market misrepresentation and affirms that parallel common law negligent misrepresentation claims in such cases will not be certified as a matter of course. In Bayens, the plaintiffs brought a proposed C$6-billion class action on…

New Obligations for Ontario Employers with Stronger Workplaces for a Stronger Economy Act, 2014

December 12, 2014

  On November 20, 2014, the Stronger Workplaces for a Stronger Economy Act, 2014 received royal assent. The new legislation is intended to provide additional support for vulnerable workers by amending a number of Ontario’s employment and labour statutes, including the Employment Standards Act, 2000 (ESA) and the Occupational Health and Safety Act (OHSA).   The following are highlights of…