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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…

Introduction On Jan. 10, 2025, the federal Minister of Health released long-awaited guidance on the delivery of insured health care services pursuant to the Canada Health Act (the CHA). The Honourable Mark Holland, Federal Minister of Health (the Minister), issued a letter clarifying the Government’s position that patients should not be charged for services provided by any health professional if those services would otherwise be covered when delivered by a…

On Dec. 19, 2024, the Office of the Alberta Superintendent of Insurance published a revised version of Interpretation Bulletin No. 05-2024 (the Superintendent’s Revised Bulletin) setting out the Superintendent’s position with respect to products commonly marketed by automobile dealerships in conjunction with the sale of motor vehicles. The original Bulletin published by the Superintendent has not substantively changed, and was previously summarized in an article by BLG found here. The Superintendent’s…

On December 12, 2024, the Ontario government launched a consultation for the regulations (the Consultation) under Ontario’s new consumer protection legislation. On December 6, 2023, the new Consumer Protection Act, 2023 (the New CPA) received Royal Assent as part of the Bill 142, the Better for Consumers, Better for Businesses Act, 2023. The substance of the New CPA will be detailed in the Proposed Regulations. Once in force, the New…

Introduction On Dec. 18, 2024, the finalized Clean Energy Regulations (the Regulation) were published in the Canada Gazette, Part II. Aligning with the release of the final version of the Regulation, the Government of Canada published Powering Canada’s Future: A Clean Electricity Strategy (the Electricity Strategy) on Dec. 17, 2024, which notes that the Regulation is one of the measures that the federal government has taken to help build a…

The evolving landscape of state immunity in award-enforcement proceedings in Canada The rise of investor-state disputes, which has taken place globally over the last two decades, has led to a growing number of recognition and enforcement proceedings of foreign arbitral awards before Canadian courts by award creditors seeking to execute against the Canadian assets of delinquent sovereign debtors in the recent years. Against this backdrop, the proceedings initiated by the…

Investment Management Division Report On Nov. 5, 2024, the Ontario Securities Commission (OSC) published OSC Staff Notice 81-736 (the Staff Notice), summarizing the activities and regulatory focus of the OSC’s Investment Management Division (IM Division), formerly known as the Investment Funds and Structured Products Branch, for the fiscal year ended March 31, 2024. This bulletin highlights certain key insights from the Staff Notice, including: New artificial intelligence (AI) and cryptocurrency…

BLG senior counsel, Rambod Behboodi, was invited to appear before the House of Commons Standing Committee on International Trade on Dec. 9, 2024, to share his thoughts on the potential trade impact of Canada’s leadership in reducing greenhouse gas emissions. The following is his presentation, with French sections translated into English. Good morning, Madame Chair and members of the Committee. It’s an honour to appear before you to discuss trade…

The legislation to implement Canada’s new system of Patent Term Adjustment (PTA) has been registered with the Privy Counsel and has published. The system will come into effect on January 1, 2025. Canada is required to implement PTA in 2025 to offset administrative delay in granting patents under the terms of the Canada-U.S.-Mexico Agreement (CUSMA). Draft amendments to Canada’s Patent Rules were published earlier in the year. The final legislation…

On July 17, the Canadian Intellectual Property Office (CIPO) launched the new MyCIPO Patents online portal for filing, tracking, and managing patents files, as part of their modernization effort and alignment with the World Intellectual Property Office’s ST.27 standard for the Exchange of Patent Legal Status Data. Significant problems began immediately. Initial issues that appear to have been resolved included: the Canadian Patents Database (CPD) being inaccessible for approximately six…

The Federal Court of Appeal (FCA) recently issued its decision in the appeal of Galderma’s second judicial review of the decision of the Patented Medicines Price Review Board (the PMPRB) that it had jurisdiction over Galderma’s Differin® product. In a strongly worded decision, the FCA granted Galderma’s appeal and set aside the PMPRB’s decision, holding that the PMPRB does not have jurisdiction over the price of the unpatented Differin® product.…

The United Kingdom and Switzerland announced, in December 2023, the signing of a ground-breaking mutual recognition agreement in the financial services sector. The Berne Financial Services Agreement, its proponents promise, opens doors hitherto closed, vistas so far unexplored, and markets yet unexploited. This kind of an agreement — or something like it, or something in the ballpark, or something notionally similar — had eluded U.K. officials in the course of…

On Nov. 27, 2024, just one month after many provisions of Ontario’s Working for Workers Five Act, 2024 (Bill 190) received Royal Assent, Ontario has proposed Bill 229, the Working for Workers Six Act, 2024. The new legislation, which builds upon its five predecessors, proposes changes that will affect employers, in particular to the Employment Standards Act (ESA) and the Occupational Health and Safety Act (OHSA). Key proposed changes to…

Although the Supreme Court of Canada’s decision in Vavilov1 established a general framework for selecting which standard to apply on judicial review, it left open which standard of review applies to reviewing the vires of subordinate legislation, including regulations and guidelines. Vavilov therefore generated lingering uncertainty about whether pre-Vavilov principles still applied in such cases. The SCC had established in Katz Group2  that a regulation would only be struck down…

L’étendue du régime de responsabilité sans égard à la faute prévu à la Loi sur l’assurance automobile (LAA) a été balisée par la Cour supérieure du Québec dans la décision Roberge c. Compagnie General Motors du Canada, 2023 QCCS 4309. Cette décision synthétise les critères d’application des règles de la LAA en présence d’un accident automobile causant un préjudice. Elle constitue un précédent offrant une référence claire en ce qui concerne…

The evolving landscape of fiduciary duties in the investment industry Since the Client-Focused Reforms were introduced in 2019, the investment industry has been closely following whether these reforms will result in Courts imposing fiduciary duties on registrants. Against this backdrop, the proposed class action in Boal v. International Capital Management Inc. et al. (Boal) has been closely watched as a test case. Starting in 2021 and culminating in a 2023…

Over the course of his first term in office, President Trump made no secret of his skepticism towards the World Trade Organization (WTO). In 2018, he threatened to withdraw the United States from the WTO if it did not “shape up”.  During a White House press briefing in September of 2020, he stated that “the WTO, as far as I’m concerned, was created to suck money and jobs out of…

On Oct. 11, 2024, the Supreme Court of Canada (the SCC) released its decision in Aquino v. Bondfield Construction Co. – the first case in which it has addressed the doctrine of corporate attribution in the context of insolvency proceedings. In particular, the SCC considered the way in which the doctrine interacts with section 96 of the Bankruptcy and Insolvency Act (the BIA), also known as the “transfer at undervalue”…