Category: Practice Areas

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Banking Cannabis Clients Under Canada’s Anti-Money Laundering Regime

May 25, 2017

Unlike the United States, where the sale of cannabis remains illegal federally, the sale of cannabis for medicinal purposes has been legalized in Canada. Following a recent announcement by the Canadian government, legislation has now been proposed that would expand access to cannabis by legalizing the sale of recreational cannabis by registered dealers in Canada. Under the proposed legislation, the…

Quebec Adopts Bill 102, Overhauls Its Environmental Approval Regime

May 24, 2017

On March 23, 2017, the Quebec national assembly adopted Bill 102 to amend the Environment Quality Act (EQA). The Bill will result in significant changes to Quebec’s environmental approval regime. Bill 102 was tabled on June 7, 2016, following the publication of a green paper by Quebec’s Minister of Sustainable Development, Environment and the Fight against Climate Change, David Heurtel,…

Alert: Ontario Government Announces New Funding Framework for Defined Benefit Pension Plans

May 23, 2017

On May 19, 2017, the Ontario government announced that it is implementing a new funding framework for defined benefit pension plans, which includes: Requiring funding on a solvency basis in the event that a plan’s funded status falls below 85 per cent. That is, the new funding framework will not require funding on a solvency basis where the plan’s funded…

FCAC Publishes First Decision Regarding Non-Compliance with Code of Conduct

May 18, 2017

On May 15, 2017, the Financial Consumer Agency of Canada (FCAC) published Commissioner’s Decision #126 (Decision) regarding non-compliance with the Code of Conduct for the Credit and Debit Card Industry in Canada (Code of Conduct) by a payment card network operator (PCNO). The Decision is significant in that it is the first Commissioner’s Decision published regarding non-compliance with the Code…

Top 10 Issues for Employers, #9: Personal Employee Information

May 18, 2017

This is the ninth instalment in our Top 10 Issues for Employers series. This instalment addresses privacy risks and best practices for employers with respect to the management of personal employee information. OVERVIEW Rapid advances in technology have made it possible for employers to collect all kinds of information during the employment relationship. The information collected about an employee may…

Canadian Securities Administrators Seek to Reduce Regulatory Burdens for Reporting Issuers

May 16, 2017

As part of their ongoing efforts to balance investor protection through sufficient disclosure with efficiency in the capital markets, the Canadian Securities Administrators (CSA) have identified potential areas of securities legislation applicable to non-investment fund reporting issuers where the regulatory burden may be reduced without compromising investor protections and the integrity of the capital markets, in Consultation Paper 51-404 –…

National Securities Regulator on the Ropes? Quebec Court of Appeal Rules Proposed Cooperative System Unconstitutional

May 15, 2017

On May 10, 2017, the Quebec Court of Appeal ruled that the proposed cooperative capital markets regulatory system (Cooperative System) is in significant respects unconstitutional, although it ruled that the federal government’s proposed Capital Markets Stability Act (CMSA) was, excepting one aspect, within federal jurisdiction. The government of Quebec, which is opposed to the establishment of the Cooperative System and…

Take Two: Quebec Introduces Bill 134 to Modernize the Consumer Protection Act

May 11, 2017

On May 2, 2017, the Quebec government introduced new legislation intended to modernize the Quebec Consumer Protection Act (CPA), as well as provide for new consumer protection measures. The CPA provisions on credit, in particular, are long overdue for change as they have not been significantly amended since 1978. The liberal government, under Jean Charest, previously attempted to pass similar…

Recent Developments in Pensions and Employee Benefits Law

May 4, 2017

Blakes Pensions, Benefits & Executive Compensation group and guest speakers from our Employment & Labour and Litigation & Dispute Resolution groups discuss recent updates and legal developments in pension and employee benefits law as well as related human rights and insolvency issues. Topics: Case Law and Regulatory Round-UpElizabeth Boyd DB Pension Plan De-Risking: Buy-In and Buy-Out AnnuitiesJeremy Forgie CAPs: Member…

Update: Court of Appeal Affirms Unconstitutionality of Alberta’s Oil and Gas Licensing Regime

May 3, 2017

On April 24, 2017, in Orphan Well Association v. Grant Thornton Limited, the Alberta Court of Appeal (Court) upheld Chief Justice N. Wittmann’s decision (Chief Justice) in Redwater Energy Corporation (Re) (Chambers Decision) by finding that certain sections of the Oil and Gas Conservation Act (OGCA) and Pipeline Act (PA) are inoperative to the extent that they are used by…

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