This year is shaping up to be an important year for Canadian democracy. The Ontario provincial election is slated to take place on Feb. 27, 2025, while the federal election will be held no later than Oct. 20, 2025. Individuals and entities seeking to publicly engage in the political process and promote or oppose a political party, its leader or a candidate must carefully assess whether their involvement is regulated…
The year 2024 was another noteworthy year for class actions in British Columbia. In this article, we provide an overview of key developments and trends from 2024, and areas to watch in 2025. Key legal developments of 2024 1. Supreme Court of Canada confirms constitutionality of government-led class actions The Supreme Court of Canada delivered a landmark class action ruling in November 2024, deeming British Columbia’s role as representative plaintiff…
When a landlord in British Columbia terminates a lease for non-payment of rent, the tenant can seek relief from forfeiture. Tenants often believe that if they cure this default, relief will be granted. However, as shown in the recent Supreme Court of British Columbia decision of Delta Automotive Ltd. v 4846 Elliott St Ltd., 2024 BCSC 2246 [Delta Automotive], a tenant’s ability to cure the default is only one factor…
A recent transaction has illustrated how creative deal-making, in the right circumstances, can address Canadian governmental concerns with respect to foreign investment in the critical minerals sector. Canada’s federal government announced in 2022 that under its new “Critical Minerals Policy” (Policy), investors considered to be owned or influenced by “non-likeminded foreign governments” (including investors “who could be compelled to comply with extrajudicial direction” from such governments) would in most circumstances face…
The rapid adoption of machine learning-enabled medical devices (MLMDs) is transforming patient care, offering unprecedented opportunities to enhance diagnostics, treatment, and healthcare efficiency. However, the regulatory landscape is evolving to address the novel challenges these technologies introduce, particularly regarding safety, effectiveness, and adaptability. In response, after releasing draft guidance in August 2023, Health Canada has issued its finalized Pre-Market Guidance for Machine-Learning Enabled Medical Devices (February 2025), providing crucial direction…
BLG vient d’obtenir un deuxième jugement favorable pour sa cliente, Kleen-Flo Tumbler Industries Limited. Dans l’affaire Desaulniers c. Kleen-Flo Tumbler Industries Limited, 2025 QCTAT 471, la terminaison d’emploi d’un cadre supérieur mettait en cause des allégations de détournement de cartes-cadeaux et de divulgation d’informations confidentielles et sensibles appartenant à l’employeur. Notre victoire précédente de 2023, dans Couture c. Kleen Flo Tumbler Industries Limited, 2023 QCCS 2175, avait également mené à…
Determining country of origin From a customs perspective, determining the country of origin of imported goods are crucial for several reasons, including: determining whether imported goods are entitled to most-favoured-nation (MFN) or preferential tariff treatment; determining whether imported goods are subject to tariffs or safeguard measures (e.g., anti-dumping or countervailing duties); determining whether imported goods are subject to discriminatory quantitative restrictions or tariff rate quotas; and fulfilling any product labelling…
With growing consumer demand for Canadian-made products, companies are choosing to make various forms of Canadian country of origin claims on products, e.g. “Product of Canada”, “Made in Canada” etc. (Canadian Product Claims). Companies should be aware that different laws and regulations1 may apply to Canadian Product Claims, and this will depend on the type of product (e.g. food vs non-food), the type of claim made (i.e. “Product of” vs…
The simmering trade war launched by the U.S., Canada’s closest trading partner, is pulling Canadian producers in different directions. On the one hand, Canadian businesses are concerned – and rightly so – that their exports to the U.S.–protected by bilateral and regional trade agreements for nearly forty years – may soon be subject to hefty tariffs. On the other, there is growing – and unprecedented – consumer demand for “Canadian” products.…
In two separate “national security” proclamations issued last week, the President of the United States “restored” tariffs on steel and aluminum that it had imposed on these same articles in 2018 and had suspended following agreements with the affected parties. One of those parties was Canada. One of those agreements was the Canada-United States-Mexico Agreement, negotiated by President Trump. This is what President Trump had to say about the CUSMA…
The Protection of Public Participation Act, S.B.C. 2019, c. 3 (the PPPA) creates a pre-trial procedure that allows a defendant to apply to the court for an order dismissing a proceeding that arises out of an expression on matters of public interest. But what happens when the proceeding deals with matters that not only involve expression on a matter of public interest but also separate, non-expressive acts and causes of…
The recent prorogation of Parliament is unfortunate on many levels, most notably for extending by some months the period of time that many government initiatives remain in limbo. The business community is used to managing risks, but some are more avoidable than others. In these particularly trying times, the last thing people making important economic decisions need to be dealing with is a lengthening of the period (entirely for political…
The Trump Administration’s decision surrounding the potential imposition of new tariffs in the near future has introduced significant uncertainty for Canadian businesses, employees and trade unions alike. While much of the focus has been on trade and economic policy, these measures also have critical implications for employment and labour law issues. For many employers, particularly in manufacturing, steel, aluminum and other export-dependent industries, it can be expected that tariffs will…
A review of Canadian iGaming developments in 2024 and what’s to come in 2025. What you need to know All eyes on Alberta. While optimism around the timing surrounding a potential 2025 launch of a regulated online gaming market in Alberta has been tempered, efforts remain underway to create a thoughtful regulatory structure and substantial updates regarding the market’s strategy and structure are expected in the near term. Alberta continues…
In 2018, the first Trump Administration imposed tariffs – on purportedly national security grounds - on all imports of steel and aluminum, including from Mexico and Canada, its trading partners since 1994 in the North American Free Trade Agreement.1 In 2019, Canada and Mexico agreed to renegotiate the NAFTA. The Canada-U.S.-Mexico Agreement (CUSMA) has been in force since 2020, providing for predictability and stability - and free trade - during…
What to know Building capacity for renewable energy projects is a key priority for the current British Columbia government and they have recently announced that they will introduce new legislation for renewable energy projects in the spring of 2025. If passed, the legislation will expand the authority of the British Columbia Energy Regulator (BCER) to oversee renewable energy projects, such as wind and solar. The legislation will aim to create…
February has brought about a dynamic and evolving situation surrounding the threat of tariffs impacting several key sectors, including the automotive industry. From the 30 day “pause” of 25 percent tariffs on Canada and Mexico to the recent imposition of 25 percent tariff on steel and aluminum, with a “no exemptions” and “no exceptions ” approach,1 as well as the most recent threat of 50-100 percent tariff on the Canadian…
AI arms races. The Stargate Project. Billions of dollars of investment. Current headlines about artificial intelligence read like science fiction. But these rapid technological developments (along with significant amounts of hype) are very real, and can be anxiety-inducing for lawyers and in-house counsel trying to understand how AI — and particularly generative AI (GenAI) — will affect their clients, employees, and bottom line. It is critical for organizations to keep…
Late in December, the Canadian Investment Regulatory Organization (CIRO) proposed the first set of changes to its continuing education (CE) programs. In Phase 1 of the changes, CIRO has focused on proposed rule amendments determined to have minimal impact on firms and their approved persons. These changes are proposed for the CE cycle starting Jan. 1, 2026. Phase 2 will involve rule amendments expected to have significant operational and IT…
In response to increasing criticism in connection with capital gains tax increases announced in Federal Budget 2024 (effective Jun. 25, 2024), but never enacted into law, the Federal Government announced today that it is deferring the date on which the capital gains inclusion rate would increase to Jan. 1, 2026 (the Deferral Announcement). As a result of the Deferral Announcement, the date on which the capital gains inclusion rate would…
The Alberta Securities Commission (ASC) has granted exemptive relief to permit a family office to act as a dealer, adviser and investment fund manager for the family office and family members in an order granted to Paragon Capital Corp. Inc. (Paragon) in September 2024. Prior to the decision, an affiliate of the family office, ROQ Capital Partners Ltd. (ROQ), was registered to provide those services to the family office clients.…
The recent Court of Appeal decision in Conifer Energy Inc v Razor Energy Corp., 2025 ABCA 14, has brought to light important issues surrounding contractual obligations, insolvency law, and the operational complexities of the oil and gas industry. Here’s a breakdown of certain key developments and the legal ramifications that follow. Background Conifer Energy Inc. (Conifer) and Razor Energy Corp. (Razor) entered into an ownership and operating agreement, whereby Conifer…
On July 18, 2024, grievance arbitrator Mtre Francine Lamy rendered a decision in Syndicat des employés et des employées de la Commission des droits de la personne et des droits de la jeunesse (SECDPDJ-CSN) et Commission des droits de la personne et des droits de la jeunesse (CDPDJ) regarding the employer’s duty to accommodate in relation to return-to-office policies. The arbitrator emphasized the employer’s right to propose reasonable accommodations to…
Amid a flurry of activity over the past several days, the U.S. and Canada have tentatively reached an agreement to delay the implementation of tariffs for at least 30 days. The looming U.S. tariffs, and Canada’s intended retaliatory tariffs, telegraph a turbulent time ahead for the Canadian construction industry. The impact of the tariffs is uncertain, could be far-reaching, and will be complex (see our general thoughts on the matter…
On June 6, 2024, Bill 171, the Enhancing Professional Care for Animals Act, 2024, came into law in Ontario. This bill introduces the Veterinary Professionals Act, 2024, a law designed to replace and modernize Ontario’s existing Veterinarians Act. The new act includes several provisions impacting the veterinary community, and while it is specific to Ontario, it may serve as a model for other provinces as they look to modernize their…
The activities of foreign banks in Canada are regulated and restricted by the Bank Act (Canada) (the Bank Act). The Bank Act does not prevent foreign banks from carrying on any business activity in Canada: rather, the Bank Act restricts how such business activity takes place. Constitution 101 A historical tension between the federal and provincial governments has existed in relation to the enactment of laws concerning banks, as illustrated…
As we move through 2025, Canada’s trade landscape remains volatile. Despite a brief reprieve following discussions between Prime Minister Trudeau and President Trump, the threat of renewed tariffs continues to loom over corporate Canada. While diplomatic efforts have provided temporary relief, businesses must stay proactive—policy shifts in the coming weeks could still bring significant disruptions. Ongoing global tensions with China, the pending review of the Canada-United States-Mexico Agreement (CUSMA) and…
The Supreme Court of Canada (SCC) is set to revisit the definition of “material change” this year. The SCC’s decision in the appeal in Lundin Mining Corporation, et al. v. Dov Markowich (Lundin Mining), heard on January 15, 2025, could have significant consequences for reporting issuers and the broader Canadian capital markets. Background Canadian securities law requires reporting issuers to immediately disclose a “material change” through a press release. For…
This article summarizes the Ontario Security Commission’s guidance on best practices for crypto asset trading platforms to ensure compliance with know-your-client, account appropriateness assessment, and client limit requirements. On December 10, 2024, the Ontario Securities Commission (OSC) released OSC Staff Notice 33-757, arising from a review of six registered crypto asset trading platforms (CTPs) based in Ontario and registered as restricted dealers. The review was designed to assess compliance with…
In the recent decision of Husky Oil Operations Limited v Technip Stone & Webster Process Technology Inc., 2024 ABCA 369, the Court of Appeal of Alberta cautioned against the enforcement of arbitration provisions on third-party beneficiaries to contracts. The Court declined to pronounce whether such enforcement was possible at all, but held that, at minimum, the requirement to arbitrate would need to be manifest and expressed in clear and explicit…
I. Background In December of last year, the Alberta legislature passed a major overhaul of Alberta’s access and privacy legislation. Upon proclamation, Bill 33 and Bill 34 will split the Freedom of Information and Protection of Privacy Act (FOIP Act) into the new Access to Information Act (AIA)1 and Protection of Privacy Act (PPA).2 The AIA will come into force at a time when public bodies in Alberta and across…
The deadline for meeting reporting requirements of the Notice with respect to certain per- and polyfluoroalkyl substances issued by Environment Canada and Climate Change (ECCC) is Jan. 29, 2025 (the Notice). The reporting obligations and other details about the Notice can be found in our other article found here. With the deadline to respond around the corner, companies captured under the Notice such as users, importers, and manufacturers, as well…
On Dec. 16, 2024, the Government of Canada released its long-awaited 2024 Fall Economic Statement. The Statement reaffirmed the Government’s commitment to combatting modern slavery in global supply chains, currently given effect by the existing import ban on goods made with forced or child labour and the mandatory supply chain reporting requirement for certain businesses and government entities. The Statement further announced the Government’s intention to introduce four new measures…
Case Summary - Québec (Attorney General) v. Pekuakamiulnuatsh Takuhikan, 2024 SCC 39 In Québec (Attorney General) v. Pekuakamiulnuatsh Takuhikan (Pekuakamiulnuatsh), the Supreme Court of Canada (SCC) ruled that Québec’s refusal to renegotiate funding terms violated the principles of good faith and the honour of the Crown. The SCC ordered Québec to pay damages in line with reconciliatory justice to restore the relationship between the parties. I. Background This case concerns…
Introduction The Liberal government’s Fall Economic Statement arrived last month in the midst of an increasingly uncertain political landscape. Among its many offerings, in the trade sphere, the Statement presents a commitment to use the full range of Canada’s “toolkit” to protect its economic security against unfair conduct from trading partners and to promote reciprocity across Canada’s trading partnerships. This represents a departure from Canada’s traditional approach to international trade…
Following an initial round of consultation held during the summer of 2024, the Competition Bureau (the Bureau) has published its proposed guidelines (the Proposed Guidelines) concerning environmental claims. The Bureau has launched a public consultation to solicit feedback from Canadians on the Proposed Guidelines – the deadline is February 28, 2025. The Proposed Guidelines respond to recent amendments to the Competition Act, which added new explicit provisions targeting misleading environmental benefits claims (greenwashing). Visit…
The number of women on TSX-listed issuers’ boards of directors has increased steadily from 11 per cent to 29 per cent in the last ten years. However, Canadian public companies have yet to collectively cross the widely touted target of having 30 per cent of women on boards. Considering recent data from the Canadian Securities Administrators, we look at why the glass ceiling is noticeably thicker for some women and…
Context Reports out of Washington indicate that the United States is poised to impose “universal” tariffs (that is, tariffs on imports from all its trading partners) on health care and other “critical” goods on the basis of “national security”. This would or could – the situation remains “fluid/uncertain”, as reported – include tariffs on imports from Canada and Mexico, five years after President Trump agreed to the Canada-U.S.-Mexico Agreement precisely…
On Nov. 28, 2024, the Canadian Nuclear Waste Management Organization (NWMO) announced that the Wabigoon Lake Ojibway Nation (WLON) and the township of Ignace in the province of Ontario were selected as host communities for a repository to be constructed on Revell Lake. The NWMO began its search in 2010 and initially considered 22 potential sites. The NWMO narrowed the site selection process to the following two locations: The Wabigoon Lake Ojibway…
Through the publication of CSA Staff Notice and Consultation 11-348 Applicability of Canadian Securities Laws and the Use of Artificial Intelligence Systems in Capital Markets (the AI Staff Notice), the Canadian Securities Administrators (CSA) have put registered firms on notice that using AI in virtually any fashion may trigger additional regulatory expectations to demonstrate compliance with securities laws. Best practices for the responsible use of AI All firms should consider…