April 20, 2017
On April 13, 2017, Canada’s federal government introduced legislation that, if passed into law, will legalize recreational cannabis in Canada. Bill C-45 An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (Cannabis Act) and Bill C-46 An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts (Criminal Code Amendment Act) respond largely, though not completely, to the recommendations of the Task Force on Cannabis Legalization and Regulation’s Final Report, “A Framework for the Legalization and Regulation of Cannabis in Canada”. But while the seeds of cannabis legalization in Canada sown in the 2015 federal election have finally sprouted into proposed legislation, the branches are still bare: the proposed Acts address many details about “personal” cannabis use, but significant aspects of the regime – particularly the “commercial” aspects – are left to yet to be developed regulations and to provincial and municipal governments.
Here’s a look at what information the proposed legislation fills in, and what it leaves bare.
The federal government will oversee the recreational cannabis regime, but which components and how?
The Acts give the federal government significant powers to oversee and restrict activities related to cannabis, including licencing (and conditions on any licence), broad inspection powers, issuance of search warrants, recalling products, management and forfeiture orders. But the federal government will take charge only of the cultivation (and, eventually, production of cannabis-based products) quality control and (at least in part) taxation components of the regime, leaving the distribution and retail components primarily to provincial governments. And since no province has yet proposed any laws, there are lots of unknowns about the rest of the supply chain. However, it is clear that the current medical cannabis regime will stay intact: the new Acts adopt the Framework recommendation that the current medical cannabis regime continue as is, so the Access to Cannabis for Medical Purposes Regulations (ACMPRs) will continue as a parallel system (at least for the time being), and the law around health benefits plan coverage of medical cannabis and casualty insurance coverage of medical cannabis will continue to develop. The Acts do deem production licences and import and export permits issued under the ACMPRs before the Cannabis Act came into force to be a licence or permit issued under the Cannabis Act.
Licencing. The types of activities the federal government can licence include importation, exportation, production, testing, packaging, labelling, sending, delivery, transportation, sale, possession and disposal of cannabis. But although the Cannabis Act makes it clear that importation and exportation will be limited to cannabis for medical or scientific purposes and for industrial hemp, little else about the licensing process is yet known; the Minister will establish most aspects of licencing later. The Act also gives the Minister the authority to refuse an application for any type of licence for a broad range of reasons, and even once it’s issued a licence, the Minister can amend that licence on its own initiative, suspend it without notice or revoke it altogether, subject to some substantive and procedural protections.
Quality Control. The federal government will take charge of quality control, not just during cultivation, propagation and harvest, but from seed right through to smoke. The Cannabis Act authorizes the Minister to establish a national tracking system for cannabis, presumably for purposes of product recall if necessary, but also to prevent illicit cannabis from entering the legal market, and legal products from being diverted to criminal markets.
Taxation. The price of recreational cannabis is sure to include a hefty tax component, and could be influenced by minimum price restrictions – but this remains entirely up in the air. The Framework included a series of pricing and taxation recommendations to balance the goals of health protection and reduction of the illicit market, but noted this would require economic analysis and coordination with provincial governments. Consistent with the Framework, the Cannabis Act doesn’t wade into pricing (or explicitly enable regulation in respect of price) or taxation (the word “tax” doesn’t appear once in the Cannabis Act) – yet pricing and taxation regulations will be crucial to those seeking to enter the commercial cannabis market.
Cannabis can be cultivated, distributed and sold, but by whom?
The Cannabis Act doesn’t specifically outline out how the federal government will grant authorizations to participate in the supply chain in any capacity (as grower/producer, distributor, seller, or otherwise) though the proposed Acts do make it illegal to sell, or to possess cannabis for the purpose of selling, without an authorization to sell under the Cannabis Act. It’s contemplated the provinces will play a major role in regulating the possession, sale and distribution of cannabis, but also that if there’s no provincial regulatory regime, the federal regime will govern – and so far, there’s neither.
Foreign Participants. The Acts don’t absolutely prohibit foreign licence holdings or investment in authorized cannabis activities, but the Cannabis Act authorizes the Minister to refuse to issue a licence for many reasons – including the applicant’s status as a non-resident or foreign corporation. Since recreational cannabis is already legalized in varying degrees and manners elsewhere, including the Netherlands, Portugal, Uruguay and several U.S. states and districts (Alaska, Colorado, Oregon, Washington State and Washington D.C.), Canadian industry participants could likely benefit from partnering with “foreigners” with industry experience – or vice-versa. But whether the federal government will prohibit foreign industry participants completely, or to some degree, is still a big question mark.
Personal Cultivation. Despite the lack of commercial cultivation details, the Cannabis Act does permit personal cultivation at a person’s “dwelling-house” – with no current restriction on where (indoors or outdoors). There can be a maximum of four plants, of a maximum of 100 cm high, at a “dwelling house”, regardless of the number of adults who reside there (as long as there’s at least one). “Dwelling house” is defined as the building or structure where the individual is ordinarily resident, including “immediately contiguous” land, such as a yard or garden, and buildings or structures on that land. Provinces and municipalities may, and likely will, place additional restrictions on personal cultivation; for example, given the security risks and the accessibility to young people of a backyard “cannabis garden”, restrictions like fencing or placement, or even complete prohibition, seem plausible. In addition, the owners of multi-unit dwellings, like condominium owners and apartment buildings, will likely want to try to control the ability of residents to cultivate and use cannabis in public spaces and on balconies, through their applicable by-laws, restrictive covenants and leases, and should be reviewing those documents to ascertain whether current restrictions capture legalized cannabis.
Be Prepared to Share. Those that produce, sell or distribute cannabis must make certain information about cannabis available to the public, and must also provide to the Minister information about cannabis-related services, promotion or inducement activities. However, exactly what information will be required remains to be seen. In addition, as part of the federal government’s oversight of the cannabis industry, the Cannabis Act enables it to access sensitive information about industry participants – and in some cases, to disclose it. For example, the Minister can require industry participants to provide financial information, including information about their shareholders. The Minister can also disclose any confidential business information obtained under the Cannabis Act, without either the consent of or notice to the person to whose business or affairs the information relates, if the Minister considers the disclosure is necessary to protect public health or safety. This power, however, doesn’t really go much beyond the current powers under the federal Privacy Act, which already allow the Minister to disclose information when they consider it to be in the public interest to do so; it also bears a resemblance to the existing rules for operating casinos, which require an intrusive check to ensure there are no connections to organized crime – a concern the recreational cannabis and casino industries share.
And just what can be grown, distributed and sold, to whom and how?
It’s clear that “licensed” cultivators, distributors and sellers will, eventually, be able to grow, distribute and sell recreational cannabis and cannabis products, but there are some limits on what, to whom and how – some of which are known, and some of which are still up in the air.
Limited Forms. The proposed Cannabis Act permits only the sale of certain forms of cannabis: dried cannabis, cannabis oil, fresh cannabis, cannabis plants and cannabis plant seeds. The sale of edible cannabis products or concentrates other than cannabis oil is prohibited, though the Act does allow the preparation of edibles and concentrates for personal use and possession. This seems contradictory, since edible cannabis products avoid the harms associated with smoking cannabis. However, the federal government has indicated it intends to allow the sale of edible products in the future but requires more time to develop an appropriate regulatory scheme.
Unlimited THC Potency. A key recommendation of the Framework is to discourage the consumption of “high-potency” cannabis concentrates using tax measures rather than outright prohibition of products containing high levels of tetrahydrocannabinol (THC), the main psychoactive component of cannabis. The Cannabis Act is consistent with this recommendation, and doesn’t expressly limit THC potency, though it could later do so by regulation. Provinces will also be able to discourage or even prohibit high-potency products through tax schemes or direct regulation.
Absolute Ban on “Mixed drug” Products. The Framework recommends the prohibition of “mixed-drug” products. The Cannabis Act adopts this recommendation, prohibiting the sale of cannabis containing nicotine, alcohol or caffeine. Cannabis-tobacco blends will therefore be prohibited for sale, and alcoholic and caffeinated cannabis products will remain illegal when it becomes legal to sell edible or concentrate products. The Framework also recommended prohibition of the sale of alcohol and cannabis in the same store, but so far, the Acts leave the question of co-location to the provinces.
Age Limit. The Cannabis Act is clear about who can buy recreational cannabis: it adopts the Framework’s recommendation by prohibiting the sale of cannabis to anyone under 18 years of age – but provinces remain free to establish higher age limits.
No packaging limits – yet. The Framework recommended plain packaging allowing the package to display only the company name, strain name, price, THC and cannabidiol (CBD) amounts, warnings and other labelling requirements. However, aside from certain prohibitions on promotional statements or images on packaging, the Cannabis Act is completely silent on packaging and labelling requirements. The federal government says it will address these in regulations to be developed later. This information is critical for growers and producers; in particular, if packaging must disclose the product’s THC and CBD content (which is likely, since tobacco and alcohol products are required to indicate chemical and alcohol contents), industry participants will need access to reliable and authorized testing and analysis facilities. And securing such access might be difficult, particularly in the early days of legalization.
Limited promotion, advertising & marketing. The Cannabis Act adopts some of the restrictions, including those intended to prevent young people from exposure to cannabis marketing, the Framework recommended. Notable prohibitions include:
People can use it, but where?
Adults will be able to legally consume cannabis, but that doesn’t mean they can consume it anywhere or anytime.
At Home. Although the Acts don’t expressly state it, presumably people can, generally, use (or permit the use of) cannabis in their own homes. Again, however, the owners of multi-unit dwellings, like condominium owners and apartment buildings, will likely want to try to control the ability of residents to use cannabis in units through their applicable by-laws, restrictive covenants and leases and should be reviewing those documents to ascertain whether current restrictions will capture legalized cannabis.
Workplaces. The Acts amend the federal Non-smokers’ Health Act to restrict smoking of cannabis in federally regulated workplaces. However, they don’t otherwise address workplace health and safety. This isn’t surprising because workplace health and safety is primarily legislated by the provinces for provincially regulated employers, rather than the federal laws that only apply to federally regulated employers. The health and safety and human rights impacts of alcohol and drug impairment (including medical cannabis) on workplace safety has long been an issue for employers. The Acts don’t directly change established workplace rules limiting workplace drug and alcohol use for either federally or provincially regulated employers, but employers are already feeling the workplace effects of the pending legalization and can – and should – act now to be prepared for cannabis legalization when it takes effect. And employers will want to watch closely for federal and/or provincial laws specifically addressing workplace health and safety in the future.
In Public. The Framework recommended extension of the current restrictions on public smoking of tobacco products to apply to public smoking of cannabis and cannabis-vaping products. However, the Cannabis Act doesn’t deal with the public consumption of cannabis, like around schools or daycares, on sidewalks or in public parks. That topic will largely be dealt with at the provincial and municipal levels – and provincial and municipal governments need to start thinking about whether existing provincial laws and/or municipal zoning and by-laws, depending on the location, cover legalized cannabis and if not, just how they will handle it.
On the Roads. The Criminal Code Amendment Act makes it a criminal offence for an individual to drive with a blood drug concentration exceeding the prescribed limit or to have a blood drug concentration exceeding the prescribed limit within two hours after ceasing to operate a motor vehicle or vessel, or ceasing to operate or to assist in the operation of an aircraft or railway equipment. That prescribed limit will only later be set by regulation.
The penalties for breaches can be significant, but how much for what?
The Acts make it clear that there will be significant consequences for failure to comply with the new laws – including personal liability exposure for corporate directors and officers – but what’s still hazy is what penalties apply to which breaches.
Administrative Monetary Penalty (AMPs). From the perspective of current and potential commercial industry participants, the Cannabis Act’s grant of authority to issue AMPs for non-compliance is important. AMPs are monetary penalties a regulator is authorized under the relevant legislation to impose on a party that breaches that legislation, and that don’t require that regulator to prosecute the breach in a court. Typically, AMPs are authorized in legislation relating to regulated activities, and are imposed on individuals and businesses licensed to undertake those regulated activities. They are usually intended as a compliance-promoting, as opposed to a punitive, measure and the imposition of an AMP doesn’t create a criminal record (as long as the imposed penalty is satisfied). The federal government is increasingly using AMPs as a means to enforce, or perhaps more accurately to encourage compliance with, legislation by commercial industry members; recent examples include Canada’s Anti-Spam Legislation (CASL) and the Energy Safety and Security Act (ESSA). Administrative penalties are determined on the balance of probabilities (greater than 50% likelihood) rather than the criminal standard of proof beyond a reasonable doubt, making them significantly less burdensome for the Crown compared to criminal charges. The typically available defences of due diligence and mistake of fact are, however, not available to those against whom an AMP is imposed under the Cannabis Act; in addition, since AMPs are not criminal matters, most Charter of Rights protections don’t apply to contest the imposition of an AMP.
The Cannabis Act authorizes the Minister or a person the Minister designates (which is likely to be the case, though the federal government hasn’t yet designated a person or agency for this purpose) to impose AMPs for violations of the Cannabis Act in an amount up to $1M, though other amounts may be set by regulation. AMPs apply to contravention of most provisions of the Cannabis Act, any of the regulations or any ministerial order in respect of the provision of information to the Crown, conducting tests on cannabis for verifying noncompliance with the Cannabis Act, taking measures necessary for public safety or cannabis recalls. They don’t apply to the activities to which criminal charges apply.
What isn’t yet known, however, is the particular AMP that applies to particular breaches and thus the liability exposure that commercial industry participants could face. Typically, these are detailed in regulations, and it’s likely this will be the case here as well … eventually.
Criminal Sanctions. Despite the legalization regime, certain prohibited cannabis-related activities will remain criminal, and even legitimate industry participants can be charged – and convicted. Criminal offences include: a number of forms of unauthorized possession, including possession by an adult of more than the personal possession limit or any amount they know is illicit, or possession of any amount by an “organization” (defined as a public body, body corporate, society, company, firm, partnership, trade union or municipality, or an association of persons that is created for a common purpose, has an operational structure, and holds itself out to the public as an association of persons); unauthorized distribution; unauthorized selling; unauthorized import or export; unauthorized production of cannabis products or cultivation, propagation or harvest of cannabis; and possession of cannabis with the intent to do any of these activities. The Cannabis Act makes these hybrid offences: they can be prosecuted as indictable offences with penalties ranging from five to 14 years in prison, or as summary conviction offences with penalties ranging from fines of $5,000 to $15,000 and between six and 18 months in prison, and guilty “organizations” are liable for fines of up to $100,000.
Consistent with the Framework’s recommendations and the government’s stated purpose of keeping cannabis out of the hands of youth, the Cannabis Act prohibits both the sale to persons under 18 years of age and possession for the purpose of doing so. A person’s belief the youth was 18 or older won’t be a defence unless they took reasonable steps to ascertain the youth’s age. The Act also creates a new offence: any use of a young person to commit criminal offences under the Cannabis Act is punishable by imprisonment of up to 14 years, or, if prosecuted as a summary conviction offence, by a fine of up to $15,000, up to 18 months in prison, or both, and organizations convicted of such offences are liable for fines up to $100,000.
“Miscellaneous” Offences. Perhaps the greater risk for existing and potential commercial industry participants is the inclusion of a “miscellaneous” offence provision in the Cannabis Act. This provision makes it an offence to violate: any provision of the Act for which a penalty is not stated; any provision of the regulations made under the Act; and any violation of a Ministerial Order requiring information, tests, product recall, or requiring disclosure of information for the purposes of the cannabis tracking system. If prosecuted as an indictable offence, punishment can be imprisonment of not more than three years or a fine of up to $5,000,000, or both; if prosecuted as a summary conviction offence, a first offence will garner a fine of not more than $250,000 or imprisonment for not more than six months, or both and any subsequent offence risks a fine of not more than $500,000 or imprisonment for not more than 18 months, or both.
Director & Officer Liability. Practically, the Cannabis Act makes regulatory compliance something that industry participants need to deal with at a corporate board level. Under the miscellaneous provision, the corporation’s directors, officers or agents or mandataries (the civil law equivalent of a power of attorney) or other non-natural “person” who directed, authorized, assented to, acquiesced in or participated in the corporation’s commission of an offence will be a party to the offence – and liable on conviction to the punishment provided for by the Act, even if the guilty corporation isn’t prosecuted for the offence. Further, the Crown will need only to establish that the offence was committed by any employee, agent or mandatary of the accused company, even if the employee, agent or mandatary isn’t identified or prosecuted for the offence.
Tickets. The Cannabis Act also authorizes the issuance of a ticket, rather than criminal prosecution, for certain offences. For example, a ticket can be issued to individuals who possess slightly more than the permitted amount of cannabis.
Please contact your McInnes Cooper lawyer or any member of the Energy & Natural Resources Team @ McInnes Cooper to discuss this topic or any other legal issue.
McInnes Cooper has prepared this document for information only; it is not intended to be legal advice. You should consult McInnes Cooper about your unique circumstances before acting on this information. McInnes Cooper excludes all liability for anything contained in this document and any use you make of it.
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The global COVID-19 (a.k.a. Coronavirus or SARS-CoV-2) outbreak has implications for many commercial relationships, its evolving nature and…
Feb 12, 2020
Intellectual property (IP) can be a business’s most valuable (even only) asset. Once you’ve taken steps to understand what the five main IP…
Feb 4, 2020
Tidal developers considering responding to the FORCE Berth D procurement now have a clearer view of just what the successful proponent will get.…
Jan 30, 2020
NOTE: The new tax rules for employee stock option plans take effect on July 1, 2021. Learn more at Limited Options: New Employee Stock Option…
Jan 22, 2020
All issuers must comply with both periodic and ongoing securities law corporate governance (and other) disclosure requirements. This can,…
Nov 22, 2019
The Environmental Emergency Regulations, effected under section 200(1) of the Canadian Environmental Protection Act (CEPA) and in force since…
Oct 10, 2019
“Do the unexpected. Take 20 minutes out of your day, do what young people all over the world are dying to do: vote.” Rick Mercer (hailing…
Sep 6, 2019
This publication has been updated as at July 9, 2021. Violence and harassment is an unfortunate reality of society – and of the workplace.…
Aug 8, 2019
This publication has been updated as at January 12, 2022. Canadian provinces are looking to immigration as a solution to labour market…
Jun 26, 2019
Information disclosure is a key theme that emerges from Canada’s new cannabis regulatory regime: the government wants lots of information from…
Jun 5, 2019
Like it or not, Canadians live life online. More people - and more employees - are sharing more information, images and opinions with more…
May 21, 2019
We updated this publication on February 17, 2023. As of June 13, 2019, private companies incorporated under the Canada Business Corporations…
Apr 29, 2019
The growing global population is feeding global demand for seafood. Growing demand is likely to drive investment, particularly mergers and…
Apr 8, 2019
Growing a business takes people. In early days, many startups have just one “employee”: the founder. At some point, the founder might retain…
Feb 27, 2019
This publication has been updated as at July 9, 2021. As of April 1, 2019, employers of New Brunswick employees must comply with new…
Feb 22, 2019
As of April 1, 2019, employers of New Brunswick employees must comply with new occupational health and safety law requirements specific to…
Jan 31, 2019
On January 25, 2019, the Supreme Court of Canada considered, for the first time, “Henson trusts” and the nature of a disabled…
Dec 19, 2018
On December 13, 2018, the Supreme Court of Canada confirmed that a third party can’t waive a person’s right to privacy or their rights under…
Dec 18, 2018
On December 18, 2018, the maximum sentence possible for impaired driving (among other things) will increase as the result of amendments to…
Dec 13, 2018
This publication has been updated as of October 15, 2020. Canada became only the second country in the world to legalize cannabis (or…
Nov 16, 2018
Companies engaged in the cannabis supply chain are highly regulated by federal and provincial cannabis-specific laws as well as a myriad of…
Sep 28, 2018
Immigration is one of the key solutions to looming (and current) worker shortages in Canada. But an employer that hires a foreign worker must…
Sep 10, 2018
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…
Sep 4, 2018
Immigration is one of the key solutions to the looming (or in some cases, current) worker shortage in Canada. In her article, The Top 5…
Jul 18, 2018
Most businesses – from startups to SMEs to multi-nationals, and from private family-owned businesses to public corporations – will use…
Jul 18, 2018
This publication has been updated as at January 26, 2023. Prince Edward Island corporations were formerly governed by the P.E.I. Companies…
Jul 16, 2018
Every parent knows that a lot can happen in 18 months. Many employers agree. The federal government’s extension of employment insurance…
Jul 10, 2018
If enacted, Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation…
Jun 29, 2018
The Crown’s duty to consult Indigenous Peoples has evolved considerably since the Supreme Court of Canada’s first detailed articulation of…
Jun 27, 2018
The legalization of recreational cannabis in Canada is imminent. Employers are feeling the heat to prepare – even as they continue efforts to…
Jun 13, 2018
Businesspeople (and their legal counsel) are on the road more than ever before: according to Statistics Canada, while Canada-U.S. traffic is…
Jun 12, 2018
This publication has been updated as at July 8, 2022. Changes to the Canada Business Corporations Act (CBCA) over the past several years have…
Jun 8, 2018
This publication has been updated as of September 28, 2020. In the last few years, many employers have been focused on preparing for and…
May 11, 2018
This article has been updated as of January 19, 2022. It can be challenging for employers to fulfill their legal duty to accommodate an…
Apr 26, 2018
The N.S. Court of Appeal has reached two decisions ending one employee’s quest for coverage of the costs of his medical marijuana – at least…
Apr 17, 2018
This publication has been updated as at January 12, 2023. There’s no shortage of media coverage about a doctor shortage in Canada and the…
Apr 2, 2018
Workplace sexual harassment isn’t a new issue, nor is it limited to any one industry or country – but it's one that far more women than men…
Apr 2, 2018
Equity compensation plans are a valuable and versatile tool for many corporations, from early-stage startups to established blue-chips.…
Mar 29, 2018
We updated this publication on March 11, 2020. The #metoo and #timesup movements drove workplace sexual harassment to the front and center of…
Feb 20, 2018
The Canadian federal government has finally revealed how it proposes to regulate offshore renewable energy developments in federal waters. On…
Feb 20, 2018
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…
Feb 13, 2018
The much-anticipated Nova Scotia marine renewable energy regime finally has the force of law. First introduced over two years ago, the Nova…
Feb 9, 2018
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…
Feb 8, 2018
Over the past 15 years, most of the Supreme Court of Canada’s decisions respecting Indigenous Peoples in Canada have revolved around the…
Feb 2, 2018
Many employers use written workplace policies as a day-to-day workplace management tool; common examples include attendance management policies,…
Jan 25, 2018
Insurers have generally been leery of coverage for medical cannabis in both the health benefit claims and in cost of care claims in the personal…
Jan 12, 2018
Whether a provincial court will grant police a “production order” under the Criminal Code of Canada requiring a non-Canadian company to…
Dec 23, 2017
Parents often threaten their children that if their behaviour did not improve they will get a lump of coal in their Christmas stockings. On…
Dec 22, 2017
Blockchain technology has already been a transformative force in a number of sectors. Its most prominent use to date has been as the…
Dec 18, 2017
The answer to the question, “What’s employers’ rationale for implementing workplace drug and alcohol testing?” is pretty…
Dec 8, 2017
This article has been updated as of December 2, 2021. For many people, the holiday season now upon us is a fun-filled time of the year. But…
Nov 30, 2017
On November 30, 2017, the Supreme Court of Canada denied Geophysical Service Incorporated’s (GSI) application for leave to appeal the decision…
Nov 20, 2017
October 2, 2017 marked the end of the consultation period relating to the taxation of private corporation proposals the Department of Finance…
Nov 17, 2017
It’s official: as of October 31, 2017, “facilitation payments” contravene Canada’s Corruption of Foreign Public Officials Act (CFPOA).…
Nov 16, 2017
Corporations are the leading business vehicle in modern commerce. For startups, properly structuring and incorporating is critical to avoid…
Nov 9, 2017
On November 3, 2017, the Newfoundland and Labrador Government published new Offshore Oil Royalty Regulations replacing the Royalty Regulations,…
Nov 7, 2017
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…
Nov 2, 2017
On October 19, 2017, the Toronto Stock Exchange (TSX) announced it had adopted amendments to its Company Manual. Originally proposed in Spring…
Oct 31, 2017
Intellectual Property (IP) can be a valuable asset – even the most valuable asset – of a business. So it’s worth making sure the business…
Oct 11, 2017
The fourth round of NAFTA negotiations is set to start on October 11, 2017. But in the meantime, the Canada-European Union Comprehensive…
Oct 6, 2017
On October 5, 2017, the N.S. government took another step toward creating a globally competitive marine renewable energy industry and associated…
Sep 29, 2017
Atlantic Canada is at a turning point. The region’s history and economic development have historically been inextricably linked to the ocean.…
Sep 22, 2017
Canada’s most important trading relationship is – in all likelihood – about to change: the current U.S. administration has put the future…
Sep 21, 2017
This publication has been updated as at January 13, 2022. An increasing number of employees are struggling to meet the challenge of the…
Aug 28, 2017
Recently, the Federal Court of Appeal confirmed that a tax debtor’s bankruptcy does not extinguish the federal Crown’s priority to proceeds…
Aug 16, 2017
In the not-so-distant past, Canadian enforcement of its anti-corruption and anti-bribery legal regime has been relatively laid-back. But the…
Aug 11, 2017
After years of low interest rates, and correspondingly high solvency liabilities, there’s growing recognition that the solvency funding model…
Aug 4, 2017
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…
Jul 28, 2017
All stakeholders in any major project development already know that adequate consultation before - rather than after - a project is approved is…
Jul 28, 2017
This publication has been updated as of October 14, 2020. On June 19, 2017, Bill C-16, An Act to amend the Canadian Human Rights Act and the…
Jul 28, 2017
We udpated this publication on June 10, 2022. The rapid rise in ESG (Environment, Social and Governance) principles has increased focus on…
Jul 18, 2017
On July 12, 2017, the Federal Court of Canada made it clear that there are but two ways to avoid a tariff set by the Copyright Board of Canada…
Jul 17, 2017
A corporation does not always sail in calm or safe waters. Cash shortages, unattainable or unmet goals, Board disagreements over the best course…
Jul 13, 2017
More employees are seeking flexible work arrangements as a new way of working to better juggle their family and personal responsibilities. In…
Jul 13, 2017
When growing your business, you face many decisions, including choosing the business structure that is right for you. Your legal team can be…
Jul 11, 2017
The Canada-European Union Comprehensive Economic Trade Agreement (CETA) is making waves in Canada, and for good reason: it casts the net of…
Jul 10, 2017
The legal landscape of cannabis (a.k.a. marihuana, weed, pot …) is changing, both reflecting - and contributing to - more relaxed attitudes…
Jun 28, 2017
On June 28, 2017, the Supreme Court of Canada confirmed a Canadian court can issue an interlocutory injunction (an order requiring an entity or…
Jun 23, 2017
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…
May 26, 2017
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…
May 19, 2017
Investigations are a vital - but difficult - part of workplace management. The value of a proper investigation can’t be overstated: it plays a…
May 16, 2017
Recreational cannabis isn’t legal yet: Canada’s federal government has proposed legislation to legalize and regulate access to recreational…
May 11, 2017
The Extractive Sector Transparency Measures Act is one of several anti-bribery and anti-corruption laws aimed at fighting corruption in the…
May 1, 2017
NOTE: On November 30, 2017, the Supreme Court of Canada denied Geophysical Service Incorporated’s (GSI) application for leave to appeal the…
Apr 21, 2017
In three years (lightning speed in the law), medically assisted dying went from being illegal to being legal. A great deal has changed, a great…
Apr 17, 2017
Recreational cannabis isn’t legal yet - but much of the associated stigma is already gone, usage is up and employers are feeling the workplace…
Apr 6, 2017
Adding a third jurisdiction to Gard Update’s comparison between privilege in the corporate context under U.S. and English law, McInnes Cooper…
Apr 5, 2017
NOTE: Consultants who were already lobbying and in-house lobbyists already employed by an organization when the new Act took effect were…
Mar 31, 2017
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…
Mar 30, 2017
Social media platforms, like Instagram, Twitter, LinkedIn, YouTube, Facebook and GooglePlus, arguably have more followers and are more closely…
Mar 30, 2017
There are very few examples of a Canadian court interpreting and opining on the provisions of an information technology contract. So the Ontario…
Mar 15, 2017
On March 9, 2017, the N.S. Court of Appeal stopped building inspection claims in their tracks when it decided that a defence based section…
Feb 24, 2017
This publication has been updated as at January 12, 2023. Many organization (66%) store the personal information of customers. employees,…
Feb 22, 2017
On January 1, 2022, the Atlantic Immigration Pilot Program became the permanent Atlantic Immigration Program (AIP). Learn more at From Pilot to…
Jan 31, 2017
We updated this publication on April 5, 2023. The hiring process and the termination process are equally important stages of the employment…
Jan 25, 2017
Doing business with the public sector creates an often overlooked – but very real – risk that the confidential information a business…
Jan 20, 2017
Connections between Canadians and the U.S. have never been as numerous or transparent as they are now: many Canadians own U.S. property, have…
Jan 13, 2017
On January 11, 2017, Emera Inc. offered an electrifying opportunity for renewable energy developers to potentially access the New England…
Dec 22, 2016
Effective January 1, 2017, the kinds of trusts that can claim the Principal Residence Exemption (PRE) will be limited. Now, the PRE allows…
Dec 20, 2016
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…
Dec 19, 2016
On December 14, 2016, Bill 46 and the Newfoundland and Labrador Public Procurement Act became law. The new Act isn’t yet in effect, however,…
Dec 15, 2016
On December 13, 2016, the Province of Nova Scotia released for comment draft regulations that will establish the Solar for Community Buildings…
Dec 14, 2016
On December 9, 2016, the Supreme Court of Canada clarified when a court can rectify a transaction that has had unintended tax consequences for…
Dec 13, 2016
Employers’ legal duty to accommodate employees seems to most frequently come up in the context of employees with disabilities. But that duty…
Dec 7, 2016
Recently, the Nova Scotia Supreme Court denied a motion for a temporary stay of proceedings to prevent the deployment of certain tidal devices…
Dec 5, 2016
It’s been a long time coming, but Newfoundland and Labrador is finally getting new public procurement legislation. On November 29, 2016, Bill…
Nov 28, 2016
On November 25, 2016, the Supreme Court of Canada decided privilege wins again - twice. In two separate decisions - Lizotte v. Aviva Insurance…
Nov 22, 2016
Canada’s most important trading relationship might undergo some change with the results of the 2016 U.S. election. Facilitating cross-border…
Nov 15, 2016
The employment contract is an exchange of labour for wages and other benefits, so employers are entitled to expect regular ongoing attendance…
Nov 9, 2016
The balance between the public’s interest in accessing offshore petroleum resources data and operators’ commercial interests is at the heart…
Oct 21, 2016
All shareholders – whether in a startup, a small or large business or a family-owned business – can benefit from a shareholders’…
Oct 19, 2016
We updated this publication on January 17, 2023. For many businesses, large and small, their “Intellectual Property” (IP) is one of their…
Oct 19, 2016
Business owners wear many hats – including employer. Your employees may be your business’s greatest asset, but they could also be your…
Sep 29, 2016
Whether someone is an employee or an independent contractor has long caused employers a degree of angst. And the recent emergence of a new…
Sep 12, 2016
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…
Aug 15, 2016
The standards expected of market participants are steadily increasing in response to demand to address white collar crime – including…
Aug 9, 2016
This publication has been updated as at January 27, 2023. A key legal decision in starting or growing your business is choosing the…
Jul 15, 2016
On July 14, 2016, the Supreme Court of Canada decided that the “Unjust Dismissal” sections of the Canada Labour Code ensure that…
Jul 7, 2016
On July 6, 2016, the Federal Department of Fisheries and Ocean’s (DFO) accepted the Ministerial Advisory Panel (MAP) recommendation in the…
Jul 5, 2016
The Ontario Court of Appeal has re-ignited the discussion about when a municipality will be held liable for its shoddy bylaw enforcement…
Jun 30, 2016
As of June 25, 2016, provincially regulated workers and employers in Nova Scotia, Quebec, BC and Saskatchewan can participate in Pooled…
Jun 29, 2016
Employers are entitled to mandate dress codes in the workplace, and even to discipline employees who refuse to comply. But a workplace dress…
Jun 20, 2016
As of July 1, 2016, packed cargo containers to which the International Convention for the Safety of Life at Sea (SOLAS), Chapter VI, Regulation…
Jun 17, 2016
In its June 16, 2016 decision in Rogers Communications Inc. v. Châteauguay (City), the Supreme Court of Canada decided a municipality’s…
Jun 10, 2016
Administrative monetary penalties, or “AMPs”, are a new phenomenon in the Canadian offshore. AMPs were introduced to the Newfoundland &…
Jun 6, 2016
On June 3, 2016, the Supreme Court of Canada, in two related decisions, strengthened the legal protection of solicitor-client privilege in…
Jun 6, 2016
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…
Jun 6, 2016
Each Provincial government is under the legal duty to consult; the manner in which each carries out its legal duty to consult differs depending…
Jun 6, 2016
On June 30, 2016, amendments to National Instrument 45-106 Prospectus Exemptions and related changes to Companion Policy 45-106 Prospectus…
May 31, 2016
You’re on a tight timeline to issue a press release. You finish your draft and ‘cut & paste’ your standard “forward-looking…
May 24, 2016
It’s now certain: in Newfoundland & Labrador, liens can’t be placed on Crown land or holdbacks with the possible exemption allowing for…
May 10, 2016
This publication has been updated as at April 18, 2022. Access to sufficient capital is always a business issue, from the startup stage right…
May 10, 2016
On May 6, 2016, the Supreme Court of Canada generally affirmed the common law rule that positive covenants do not run with the land. More…
May 9, 2016
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…
May 2, 2016
Amendments changing the early warning reporting system take effect on May 9, 2016, provided all necessary approvals are obtained (except in…
May 2, 2016
Amendments changing the early warning reporting system take effect on May 9, 2016, provided all necessary approvals are obtained (except in…
May 2, 2016
We updated this publication on May 8, 2023. “Due diligence” is a legal defence to many charges under occupational health and safety (OHS)…
Apr 21, 2016
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…
Apr 19, 2016
On April 14, 2016, the Supreme Court of Canada decided that Métis and “non-status Indians” are “Indians” under section 91(24) of the…
Apr 15, 2016
On April 14, 2016, Canada’s federal Justice Minister proposed legislation setting out the conditions that a person wishing to undergo…
Apr 12, 2016
Federal Budget 2016 proposed to significantly reduce the benefit of and access to the Small Business Deduction. The Small Business Deduction…
Mar 24, 2016
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…
Mar 9, 2016
On January 11, 2016, the Ontario Superior Court of Justice sentenced a front-line supervisor to imprisonment for 3½ years for four counts of…
Feb 23, 2016
Employee tardiness is a significant problem for employers - and bad weather is one of the top three reasons that employees give for it according…
Feb 15, 2016
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…
Feb 1, 2016
On January 29, 2016, the New Brunswick Power Corporation (NB Power) kicked-off compliance with its obligations under the new Electricity from…
Feb 1, 2016
We updated this publication on April 13, 2023. A well drafted and properly implemented written employment contract can be instrumental to…
Jan 18, 2016
Things have gotten a bit easier for venture issuers, such as those listed on the TSX Venture Exchange, with recent changes to their obligations.…
Dec 21, 2015
A practical and current guide created to help you navigate the increasingly important issues surrounding offshore decommissioning and…
Dec 7, 2015
Violence has become an unfortunate reality in current society, and the workplace is not immune. With more people spending more time at work,…
Oct 23, 2015
Incorporation offers legal advantages to sole proprietors of small businesses, including certain tax advantages. However, when a corporation…
Oct 19, 2015
Access to sufficient capital to fund operations, research and development, and other costs is a key challenge for start-ups and for some small…
Aug 13, 2015
The employment contract, at its core, is an exchange of work for compensation. So at a very basic level, employers are entitled to expect…
Jul 30, 2015
Note: On June 9, 2016, the Supreme Court of Canada dismissed the National Alliance’s application for leave to appeal the New Brunswick Court…
Jul 29, 2015
On July 27, 2015, the Federal Court of Canada decided a lawsuit by medical marijuana program participants against the Federal Government…
Jul 17, 2015
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…
Jul 10, 2015
On April 15, 2015, British Columbia’s Court of Appeal confirmed that First Nations can make certain legal claims grounded in Aboriginal rights…
Jun 25, 2015
We updated this publication on May 9, 2023. Most people know a company itself has occupational health and safety (OHS) obligations and risks…
Jun 2, 2015
Effective April 22, 2015 the NS Government enacted the NS Missing Persons Act, lowering the threshold for police to get an order to access…
Apr 15, 2015
On April 15, 2015 the Supreme Court of Canada decided the City of Saguenay’s recitation of a religious - though non-denominational – prayer…
Apr 2, 2015
The market for the sale and the supply of goods is a global one for many businesses in today’s economy. Both exporting goods from Canada and…
Mar 31, 2015
This publication has been updated as at June 24, 2021. Women make up close to half of the employed workforce: in 2019, Canadian women 15…
Mar 25, 2015
On March 3, 2015 Canada’s Privacy Commissioner determined that Health Canada breached privacy laws by mailing letters to over 40,000 Marihuana…
Feb 13, 2015
This publication has been updated as at January 26, 2022. With people spending so many of their waking hours at or connected to work these…
Feb 9, 2015
NOTE: On April 14, 2016, the federal government proposed legislation setting out the conditions that a person wishing to undergo…
Feb 2, 2015
On January 30, 2015 the Supreme Court of Canada decided that the Canadian Charter of Rights and Freedom’s protection for freedom of…
Jan 30, 2015
In December 2014, the NL Supreme Court ordered an employer to pay its former employee $30,000 in moral damages to compensate him for the mental…
Jan 26, 2015
NOTE: Substantial changes to Canada’s Trademarks Act took effect on June 17, 2019 Learn more at New Canadian Trademarks Regime Effective June…
Dec 11, 2014
On December 11, 2014 the Supreme Court of Canada continued its trend to recognize privacy rights – and develop the law to protect them –…
Dec 10, 2014
“Corporate Social Responsibility” (CSR) as a concept has been floating around in business-speak for years – but stakeholders in the mining…
Dec 5, 2014
This article has been updated as of December 11, 2020. Employers host numerous events throughout the year – summer and holiday office…
Nov 27, 2014
Recently, the NS Court of Appeal confirmed that a union can be certified as the bargaining agent of employees based merely on their dependence…
Nov 14, 2014
On November 13, 2014, the Supreme Court of Canada (SCC) effected a significant development in Canadian contract law by recognizing the…
Sep 30, 2014
Effective September 1, 2014 the NB government implemented five important changes to the NB Employment Standards Act – the minimum standards…
Sep 16, 2014
This publication has been updated as at August 25, 2022. Many believe that only public companies or large, established companies with many…
Sep 11, 2014
The Canadian federal government has been concerned for some time about “treaty shopping” by non-residents – the practice of non-residents…
Aug 1, 2014
Most Canadians have heard about Canada’s Anti-Spam Legislation (CASL): we’ve been bombarded with “CASL Compliant” emails asking us to…
Jul 9, 2014
On June 20, 2014 the Federal Government announced a major overhaul of Canada’s Temporary Foreign Worker Program. With stringent enforcement…
Jun 26, 2014
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,…
Jun 11, 2014
Note: For an update on Crowdfunding, read: New Kid on the Block – Crowdfunding Joins Traditional Equity-Based Funding Options for Start-ups…
May 26, 2014
On May 23, 2014 the Federal Court of Canada decided the Federal Treasury Board Secretariat’s interpretation of the policy for compensating…
May 2, 2014
April showers bring … flood and sewage back-up claims. Flooding and sewage back-up can result in significant damage for municipal ratepayers,…
Apr 3, 2014
On March 28, 2014 the Federal Government tabled Bill C-31 to implement the 2014 Federal Budget – including broad authority to impose cash…
Jan 21, 2014
On December 31, 2013, amendments to the Immigration and Refugee Protection Regulations and new Ministerial Instructions changing the Federal…
Nov 8, 2013
On November 7, 2013, the SCC decided police require specific authorization in a search warrant to search the data in a computer because of the…
Nov 1, 2013
Recent decisions of securities regulators and amendments to Canadian securities laws demonstrate regulators' lowered tolerance for insiders who…
Aug 28, 2013
A general security agreement (GSA) is the most common form of personal property security used in the Atlantic Provinces to secure commercial…
Jul 2, 2013
On June 14, 2013, the Supreme Court of Canada’s decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp…
Jun 7, 2013
In Franchise Canada’s Spring 2013 “Viewpoints” feature, McInnes Cooper franchise lawyer Michael Melvin answers this question for…
May 21, 2013
In its April 2013 decision in Re Stan, the Alberta Securities Commission provides issuers with a practical approach to the assessment of both a…
Apr 30, 2013
Note: Effective December 31, 2013, the Federal Government made additional changes to the Federal Temporary Foreign Worker Program. Click here to…
Mar 15, 2013
Recent developments in Ontario and Yukon are an important reminder of the practical implications of the Crown’s legal Duty to Consult with…
Feb 8, 2013
While much of the developed world struggles with debt and chronically low growth, Canada, one of the best-performing members of the G-7,…
Jan 8, 2013
On November 19, 2012, the Supreme Court of Canada (SCC) unanimously ruled a B.C. public school system’s failure to provide adequate and…
Nov 28, 2012
On October 19, 2012 the Supreme Court of Canada (SCC) decided that a teacher criminally charged with possession of child pornography and…
Oct 22, 2012
Mr. Cole was a high school teacher with an employer owned and issued laptop computer. He also used it for incidental personal purposes, which…
Aug 27, 2012
Introduction and Purpose Staff of the Canadian Securities Administrators (CSA Staff or we) are publishing this Staff Notice (the Notice) to…
Jul 10, 2012
On March 16, 2012, the Supreme Court of Canada (“SCC”) confirmed the decision of the N.S. Court of Appeal, reinstating the N.S. Human Rights…
Jun 14, 2012
As any Canadian knows, July 1st – Canada Day – is the first long weekend of the summer; or is it? This year, July 1st falls on a Sunday. …
Jun 1, 2012
Multilateral Instrument 51-105, Issuers Quoted in the U.S. Over-the-Counter Markets will come into effect on July 31, 2012. Once effective,…
Mar 1, 2012
Social media represents a profound cultural shift and employers must adapt if they want to avoid unnecessarily – and potentially costly –…
Jan 5, 2012
Effective January 1, 2012, NS’s Human Rights Commission will receive, investigate and handle complaints under NS’s Human Rights Act under a…
Dec 22, 2011
On May 26, 2010, the Canadian federal government released the proposed Canadian Securities Act (the Act) which would, among other things, create…
Dec 19, 2011
In a decision with application to Atlantic Canada, the Ontario Court of Appeal found that an employer’s multiple extensions of a terminated…
Nov 1, 2011
Entrepreneurs need to be ready for due diligence, so it’s essential to involve legal advisors and accountants early in the process. Click…
Oct 6, 2011
In 2009 Canadian securities regulators changed the rules relating to securities “registration” – these rules determine who is required to…
Aug 6, 2011
Note: On June 14, 2013 the Supreme Court of Canada issued its decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v.…
May 6, 2011
In March 2011, the Ontario Court of Appeal found that an employee had a limited expectation of privacy in the contents of a work computer. The…
Mar 6, 2011
In the midst of a sea of change, the Federal Government has enacted Regulatory changes significantly impacting employers who hire foreign…
Oct 1, 2010
McInnes Cooper franchise lawyer Michael Melvin highlights some of the significant features of the Disclosure Documents Regulation and the…
May 31, 2010
In Franchise Canada’s May/June 2010 “Ask A Legal Expert” feature, McInnes Cooper franchise lawyer Michael Melvin answers this question for…
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