Michael Simms Joins the Board of Directors of McInnes Cooper

On January 24, 2024, the Nova Scotia Supreme Court upheld the N.S. Environment Minister’s approval of a proposed windfarm development’s…

On October 13, 2023, the Supreme Court of Canada issued its judicial reference opinion: a significant portion of Canada’s federal…

Owning your own business offers many opportunities. But it also carries inherent risks, including exposure to personal liability. These three…

We updated this publication on August 10, 2023. The Nova Scotia commercial net-metering regime just took another step toward implementation.…

All businesses need written contracts. Determining what written contracts are essential depends on many factors, including the nature of the…

We updated this publication on July 7, 2023. Bill 24 An Act to Amend the Business Corporations Act effected significant amendments to…

Buzz around the potential of hydrogen as a green energy source has been growing. And the Atlantic Canadian provinces are poised to become a key…

We updated this publication on August 8, 2023. October 2022 amendments to the N.S. Renewable Electricity Regulations ushered in a new…

The New Brunswick Court of Queen’s Bench has issued a court order to stop Indigenous fishers (all apparently members of the Wolastoqey Nation)…

The Federal Court’s April 22, 2022 decision in Mowi Canada West Inc. v. Canada (Fisheries, Oceans and Coast Guard) has implications for the…

On May 22, 2010 (affectionately known as “Bitcoin Pizza Day”), a Floridian bought two Papa John's pizzas with Bitcoin. The day is famous…

On April 1, 2022, changes to the Newfoundland and Labrador Corporations Act proposed in Bill 24 An Act to Amend the Corporations Act will take…

On January 26, 2022, the British Columbia Court of Appeal extended an injunction preventing protesters from interfering with a logging…

More and more people are using smart contracts: the global smart contracts market was valued at USD $145M in 2020; it’s projected to be valued…

On November 5, 2021, the Province of Nova Scotia passed the Environmental Goals and Climate Change Reduction Act. The Act will serve as the…

The New Brunswick Reduction of Greenhouse Gas Emissions Regulation, effected under the N.B. Climate Change Act, establishes specific…

Canada’s aquaculture industry is poised for growth but that growth is being challenged by regulatory uncertainty and a lack of confidence…

Canadian entities regularly contract with foreign companies to provide services in Canada. To complete its obligations under the contract, the…

We updated this publication on July 22, 2021. On May 26, 2021, the Hague District Court in the Netherlands ordered Royal Dutch Shell (RDS) to…

On April 7, 2021, the Nova Scotia government introduced Bill 97, amendments to the N.S. Electricity Act aimed at growing the solar industry in…

The Supreme Court of Canada continues to develop and clarify the organizing principle of good faith performance in contract law. In its 2014…

We updated this publication on July 8, 2022. 2020 was a year filled with challenges, including in the relationship between Indigenous…

The Supreme Court of Canada, in the 2014 case of Bhasin v. Hrynew, recognized a general organizing principle of good faith performance in…

The long-awaited amendments to federal fisheries regulations codifying key aspects of the Department of Fisheries & Oceans (DFO) PIIFCAF…

We updated this publication on July 11, 2023. Spurred by the COVID-19 Pandemic and bricks-and-mortar closures, businesses – from SMEs to…

We updated this publication on December 22, 2022. It’s a forgone conclusion that diversity in thought and in leadership makes good business…

The financial technology (Fintech) industry uses technology to support and enhance financial and banking services.

McInnes Cooper partner Michael Melvin and Student-at-Law Myriam Whalen provide a detailed Legal Digest in the Spring 2020 Edition of The…

The Supreme Court of Canada recently released a much-awaited decision regarding the Companies’ Creditors Arrangement Act (CCAA). The CCAA is…

As countries around the world grapple with the spread of COVID-19, global restrictions and containment measures have presented a range of…

The global COVID-19 (a.k.a. Coronavirus or SARS-CoV-2) outbreak has implications for many commercial relationships, its evolving nature and…

Tidal developers considering responding to the FORCE Berth D procurement now have a clearer view of just what the successful proponent will get.…

NOTE: In December 2020, the federal government published the long-awaited final amendments to federal fisheries regulations codifying key…

The Environmental Emergency Regulations, effected under section 200(1) of the Canadian Environmental Protection Act (CEPA) and in force since…

We updated this publication on February 17, 2023. As of June 13, 2019, private companies incorporated under the Canada Business Corporations…

The growing global population is feeding global demand for seafood. Growing demand is likely to drive investment, particularly mergers and…

As of January 2019, incorporating a limited company in N.S. will be more economical. On September 7, 2018, the N.S. government announced it’s…

This publication has been updated as at January 26, 2023. Prince Edward Island corporations were formerly governed by the P.E.I. Companies…

If enacted, Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation…

The Crown’s duty to consult Indigenous Peoples has evolved considerably since the Supreme Court of Canada’s first detailed articulation of…

This publication has been updated as at July 8, 2022. Changes to the Canada Business Corporations Act (CBCA) over the past several years have…

The Canadian federal government has finally revealed how it proposes to regulate offshore renewable energy developments in federal waters. On…

On February 8, 2018, the Canadian federal government proposed a new Impact Assessment Act in Bill C-69, An Act to enact the Impact Assessment…

The much-anticipated Nova Scotia marine renewable energy regime finally has the force of law.  First introduced over two years ago, the Nova…

NOTE: On June 21, 2019, Bill C-68, An Act to Amend the Fisheries Act and other Acts in consequence, took effect.  On February 6, 2018, Bill…

Over the past 15 years, most of the Supreme Court of Canada’s decisions respecting Indigenous Peoples in Canada have revolved around the…

Parents often threaten their children that if their behaviour did not improve they will get a lump of coal in their Christmas stockings. On…

On November 30, 2017, the Supreme Court of Canada denied Geophysical Service Incorporated’s (GSI) application for leave to appeal the decision…

October 2, 2017 marked the end of the consultation period relating to the taxation of private corporation proposals the Department of Finance…

It’s official: as of October 31, 2017, “facilitation payments” contravene Canada’s Corruption of Foreign Public Officials Act (CFPOA).…

On November 3, 2017, the Newfoundland and Labrador Government published new Offshore Oil Royalty Regulations replacing the Royalty Regulations,…

On November 2, 2017, the Supreme Court of Canada was faced with the Ktunaxa Nation’s claim that a Ministerial decision to approve a project…

The fourth round of NAFTA negotiations is set to start on October 11, 2017. But in the meantime, the Canada-European Union Comprehensive…

On October 5, 2017, the N.S. government took another step toward creating a globally competitive marine renewable energy industry and associated…

Atlantic Canada is at a turning point. The region’s history and economic development have historically been inextricably linked to the ocean.…

In the not-so-distant past, Canadian enforcement of its anti-corruption and anti-bribery legal regime has been relatively laid-back. But the…

On July 18, 2017, Canada’s Minister of Finance released proposed changes to the Income Tax Act (Canada) that, if implemented, will mark one of…

All stakeholders in any major project development already know that adequate consultation before - rather than after - a project is approved is…

A corporation does not always sail in calm or safe waters. Cash shortages, unattainable or unmet goals, Board disagreements over the best course…

When growing your business, you face many decisions, including choosing the business structure that is right for you. Your legal team can be…

The Canada-European Union Comprehensive Economic Trade Agreement (CETA) is making waves in Canada, and for good reason: it casts the net of…

On June 23, 2017, the Supreme Court of Canada decided that in a contest between the choice of forum clause in Facebook’s online terms of use…

On May 19, 2017, the Supreme Court of Canada agreed to hear the appeal of the Federal Court of Appeal’s 2016 decision in Canada v Mikisew Cree…

The Extractive Sector Transparency Measures Act is one of several anti-bribery and anti-corruption laws aimed at fighting corruption in the…

NOTE: On November 30, 2017, the Supreme Court of Canada denied Geophysical Service Incorporated’s (GSI) application for leave to appeal the…

On April 13, 2017, Canada’s federal government introduced legislation that, if passed into law, will legalize recreational cannabis in Canada.…

Recreational cannabis isn’t legal yet - but much of the associated stigma is already gone, usage is up and employers are feeling the workplace…

Adding a third jurisdiction to Gard Update’s comparison between privilege in the corporate context under U.S. and English law, McInnes Cooper…

NOTE: Consultants who were already lobbying and in-house lobbyists already employed by an organization when the new Act took effect were…

Legal uncertainty is never a good thing for industry: it’s a barrier to investment, and thus an adversary to growth. Unfortunately, the law is…

Social media platforms, like Instagram, Twitter, LinkedIn, YouTube, Facebook and GooglePlus, arguably have more followers and are more closely…

There are very few examples of a Canadian court interpreting and opining on the provisions of an information technology contract. So the Ontario…

Doing business with the public sector creates an often overlooked – but very real – risk that the confidential information a business…

On January 11, 2017, Emera Inc. offered an electrifying opportunity for renewable energy developers to potentially access the New England…

As 2016 draws to a close, Oil & Gas Team @ McInnes Cooper offers its picks for the top three legal developments of 2016 that impacted the…

On December 13, 2016, the Province of Nova Scotia released for comment draft regulations that will establish the Solar for Community Buildings…

On December 9, 2016, the Supreme Court of Canada clarified when a court can rectify a transaction that has had unintended tax consequences for…

Updated February 7, 2024. We live in a world of change. New ideas and new industries are rapidly developing and the list keeps growing: tidal…

The balance between the public’s interest in accessing offshore petroleum resources data and operators’ commercial interests is at the heart…

On September 9, 2016, the Supreme Court of Canada decided in Musqueam Indian Band v. Musqueam Indian Band (Board of Review) that an Indian band…

The standards expected of market participants are steadily increasing in response to demand to address white collar crime – including…

This publication has been updated as at January 27, 2023. A key legal decision in starting or growing your business is choosing the…

On July 6, 2016, the Federal Department of Fisheries and Ocean’s (DFO) accepted the Ministerial Advisory Panel (MAP) recommendation in the…

As of July 1, 2016, packed cargo containers to which the International Convention for the Safety of Life at Sea (SOLAS), Chapter VI, Regulation…

In its June 16, 2016 decision in Rogers Communications Inc. v. Châteauguay (City), the Supreme Court of Canada decided a municipality’s…

Administrative monetary penalties, or “AMPs”, are a new phenomenon in the Canadian offshore. AMPs were introduced to the Newfoundland &…

On June 3, 2016, the Supreme Court of Canada, in two related decisions, strengthened the legal protection of solicitor-client privilege in…

On June 2, 2016, the Supreme Court of Canada denied an Alberta First Nation’s request to appeal the Court of Appeal’s dismissal of its bid…

Each Provincial government is under the legal duty to consult; the manner in which each carries out its legal duty to consult differs depending…

On May 6, 2016, the Supreme Court of Canada decided that a mortgage imposing a higher interest rate in the event of default and reserving a…

Amendments changing the early warning reporting system take effect on May 9, 2016, provided all necessary approvals are obtained (except in…

Updated October 4, 2023. Workplace accidents regularly lead to charges under occupational health and safety (OHS) law. These charges can be…

On April 15, 2016, Bill No. 149, The Mineral Resources Act (2016) (2016 Act), passed its second reading in the NS House of Assembly. Although…

On April 14, 2016, the Supreme Court of Canada decided that Métis and “non-status Indians” are “Indians” under section 91(24) of the…

Federal Budget 2016 proposed to significantly reduce the benefit of and access to the Small Business Deduction. The Small Business Deduction…

When a business responds to a public sector Request for Proposal or Expression of Interest (both of which we’ll refer to as an RFP for these…

On January 11, 2016, the Ontario Superior Court of Justice sentenced a front-line supervisor to imprisonment for 3½ years for four counts of…

On February 26, 2016, the bulk of the offshore-related amendments of the Energy Safety and Security Act (ESSA, formerly known as Bill C-22) take…

On January 29, 2016, the New Brunswick Power Corporation (NB Power) kicked-off compliance with its obligations under the new Electricity from…

A practical and current guide created to help you navigate the increasingly important issues surrounding offshore decommissioning and…

The United Nations Convention on the Law of the Sea requires parties, of which Canada is one, to make payments in respect of oil production on…

On the heels of National Aboriginal Day, we pause to take a look back at two significant Aboriginal law cases decided in the last year, how…

On April 15, 2015, British Columbia’s Court of Appeal confirmed that First Nations can make certain legal claims grounded in Aboriginal rights…

Updated October 4, 2023. Most people know a company itself has occupational health and safety (OHS) obligations and risks corporate liability…

“Corporate Social Responsibility” (CSR) as a concept has been floating around in business-speak for years – but stakeholders in the mining…

On November 13, 2014, the Supreme Court of Canada (SCC) effected a significant development in Canadian contract law by recognizing the…

Updated August 25, 2022. Many believe that only public companies or large, established companies with many shareholders need to be concerned…

On June 26, 2014, in its groundbreaking decision on Aboriginal title in Read the SCC’s decision in Tsilhqot’in Nation v. B.C., 2014 SCC 44,…

Recent decisions of securities regulators and amendments to Canadian securities laws demonstrate regulators' lowered tolerance for insiders who…

A general security agreement (GSA) is the most common form of personal property security used in the Atlantic Provinces to secure commercial…

In Franchise Canada’s Spring 2013 “Viewpoints” feature, McInnes Cooper franchise lawyer Michael Melvin answers this question for…

McInnes Cooper franchise lawyer Michael Melvin highlights some of the significant features of the Disclosure Documents Regulation and the…

In Franchise Canada’s May/June 2010 “Ask A Legal Expert” feature, McInnes Cooper franchise lawyer Michael Melvin answers this question for…

Carole Chan was the Co-author of the following publication: A Review of the Project Scope and Environmental Assessment Scope for Mining and…