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Home > Our Insights > Cannabis Legalization in Canada: Seeds have sprouted, but the branches are still bare
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Cannabis Legalization in Canada: Seeds have sprouted, but the branches are still bare

Published:

April 20, 2017

Author(s):

  • Daniel Watt
  • Elizabeth McIsaac

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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:

  • Sponsorship of a person, entity, or event by a producer, seller or distributor of cannabis, cannabis accessories, or cannabis services.
  • Testimonials, endorsements and promotions that evoke an image of glamour, recreation, excitement, vitality, risk or daring.
  • Information promotion (providing factual information about products) under certain circumstances and branding are permitted, but the Cannabis Act has prohibitions that aim to prevent this type of promotion from reaching young people.
  • False promotion.
  • Inducements, such as a free bong with the purchase of dried cannabis (or vice versa) or a “Corona hat” equivalent.
  • The display of cannabis where it’s visible to young people.
  • Dispensing devices and any type of self-serve display.

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.

© McInnes Cooper, 2017. All rights reserved. McInnes Cooper owns the copyright in this document. You may reproduce and distribute this document in its entirety as long as you do not alter the form or the content and you give McInnes Cooper credit for it. You must obtain McInnes Cooper’s consent for any other form of reproduction or distribution. Email us at [email protected] to request our consent.

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    COVID-19 forced many employers to make temporary, and even permanent, changes to the terms of employees’ employment, from scheduling and…

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  • Northern Regional Health Authority v. Horrocks: Exclusive Jurisdiction Means Exclusive

    Oct 27, 2021

    On October 22, 2021, the Supreme Court of Canada, in Northern Regional Health Authority v. Horrocks, clarified that labour arbitrators have…

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  • Webinar | Growing Out Atlantic Canada’s Aquaculture Industry

    Oct 19, 2021

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

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  • 7 Key COVID-19 Labour & Employment Litigation Learnings

    Sep 21, 2021

    This publication has been updated as at December 14, 2022. COVID-19 has been changing Canadian workplaces for 18 months. For some employees,…

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  • Hiring a Foreign Company to Provide Services in Canada? 3 Immigration Issues

    Jul 27, 2021

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

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  • 3 Legal Tools to Help Foster a Diverse & Inclusive Workplace

    Jul 21, 2021

    Many now agree: it’s imperative that workplaces be both diverse and inclusive. Perhaps the most often-quoted (and definitely most succinct)…

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  • Limited Options: New Employee Stock Option Tax Rules Effective July 1, 2021

    Jun 24, 2021

    Many employers use equity compensation plans like employee stock option plans to attract, motivate, and retain talent. One reason stock options…

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  • Federal OHS Violence & Harassment Prevention: 10 Key Changes January 1, 2021

    Jun 15, 2021

    As of January 1, 2021, federally regulated employers (such as banks, telephone and cable systems, most federal Crown corporations,…

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  • 10 COVID-19 Workplace Vaccination Policy Tips

    Jun 10, 2021

    This publication has been updated as at August 27, 2021. With the COVID-19 vaccine widely available, and the COVID pandemic continuing,…

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  • Dutch Court Orders Corporation to Reduce Emissions in Landmark Decision

    Jun 1, 2021

    This publication has been updated as at July 22, 2021. On May 26, 2021, the Hague District Court in the Netherlands ordered Royal Dutch Shell…

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  • The N.S. Shared Solar Energy Program: 3 Key Facts

    Apr 13, 2021

    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…

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  • Tax Implications of Working from Home During COVID-19: 10 Employer FAQs

    Mar 31, 2021

    Close to five million Canadians who didn’t usually work from home, did so in 2020 because of the COVID-19 pandemic. Even as public health…

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  • Professional Health Services Sector M&A Deals: 5 Legal Positioning Tips

    Mar 26, 2021

    Merger and acquisition deals are still happening across all sectors, perhaps at an even higher rate than pre-COVID-19 pandemic, even if the…

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  • 5 Term Sheet FAQs for Startups & Growing Companies

    Mar 18, 2021

    Your startup idea has blossomed into a viable business: you’ve incorporated a company, it’s been growing steadily, and you’re at the stage…

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  • Atlantic Canada Minimum Wage Increases Effective April 1, 2021

    Mar 15, 2021

    The COVID-19 Pandemic has focused more attention on the concept of a universal or guaranteed basic income that at any other time in modern…

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  • 3 Tips to Exercise Contractual Discretion in Good Faith

    Mar 1, 2021

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

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  • 10 Employer FAQs About Employee COVID-19 Testing & Vaccination

    Feb 16, 2021

    This publication has been updated as at September 17, 2021. Employers across the country – including the federal government, some…

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  • Estate Planning: Two Trust Solutions

    Feb 12, 2021

    Estate planning is a customized process; the goal is to create a plan that’s best for a person’s unique situation. And while all estate…

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  • China – Canada Connections: Estate Planning Obstacles & Opportunities

    Feb 12, 2021

    An ever increasing number of people originally from China now reside in Canada. It is more important than ever to recognize and understand the…

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  • 5 Key Privacy FAQs for Startups & Growing Businesses

    Jan 26, 2021

    We udpated this publication on March 4, 2022. Privacy is critical to every business in every sector, including startups and growing…

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  • Contracting Chaos: 5 Key 2020 Employment Contract Lessons

    Jan 21, 2021

    Well-drafted, properly implemented written employment contracts are a key tool to avoiding or resolving disputes during and at the end of…

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  • The Indigenous Right to a Moderate Livelihood: A Need for Clarity

    Jan 20, 2021

    This publication has been updated as at July 8, 2022. 2020 was a year filled with challenges, including in the relationship between…

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  • Waksdale v. Swegon North America Inc.: Cause for Termination Clause Concern

    Jan 20, 2021

    Termination clauses, particularly “without cause” ones, are among the most important clauses to include in any employment agreement. But the…

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  • C.M. Callow Inc. v. Zollinger: 3 Tips to Honestly Exercise Contract Rights

    Jan 18, 2021

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

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  • Expedite Entry of Foreign “Essential” Workers to Canada: 10 Essential Tips

    Dec 10, 2020

    The current state of closed Canadian borders and stringent travel restrictions in efforts to contain the COVID-19 pandemic is likely to be the…

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  • New Trust Reporting Requirements Effective for 2021 Tax Year

    Dec 7, 2020

    All trusts that continue to be in effect past December 31, 2020, will be subject to new reporting requirements and harsh non-compliance…

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  • Getting the Deal Done: 3 Key Terms to Conserve Cash in M&A Deals

    Nov 24, 2020

    An economic downturn can result in an M&A uptick: there can be more attractive targets on the market, and sellers can be more motivated to…

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  • What’s the Deal? Creating, Interpreting & Enforcing Electronic Contracts

    Nov 17, 2020

    Spurred by the COVID-19 Pandemic and bricks-and-mortar closures, businesses - from SMEs to multinationals, startups to mature businesses,…

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  • P.E.I. Workplace Harassment Prevention Obligations: 5 Key Regulatory Changes July 1, 2020

    Nov 3, 2020

    This publication has been updated as at July 9, 2021. For some time, every Prince Edward Island employer has been required to comply with…

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  • 3 Key Estate Planning Considerations for Business Owners

    Oct 21, 2020

    For business owners, estate planning is directed at protecting the business’s legacy as well as the financial security of both family members…

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  • 3 Key Estate Plan Benefits & Ingredients

    Oct 20, 2020

    Estate planning is directed at protecting your assets and your loved ones from creditors and unnecessary income tax or probate fees, and your…

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  • Matthews v. Ocean Nutrition Canada Ltd.: Employee Bonus Entitlement Lives On

    Oct 19, 2020

    On October 9, 2020, the Supreme Court of Canada delivered its decision in Matthews v. Ocean Nutrition Canada Ltd. on whether a former employee…

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  • 10 Incorporation FAQs for Startups & Growing Businesses

    Oct 7, 2020

    Properly incorporating and structuring is key to position a startup to attract investors and strategic partners and, if desirable, achieve a…

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  • Canadian Governance Diversity Disclosure Obligations: Get on Board

    Sep 29, 2020

    This publication has been updated as at December 22, 2022. It’s a forgone conclusion that diversity in thought and in leadership makes good…

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  • Playing it Safe: Employer Obligations To Employees Working From Home

    Aug 12, 2020

    This publication has been updated as of May 5, 2021. The ongoing COVID-19 pandemic has led many employees to continue working from home, by…

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  • Uber Technologies Inc. v. Heller: One-Sided Standard Form Clauses May Be Unenforceable

    Jul 6, 2020

    On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller, a much-awaited decision regarding the enforceability of…

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  • Top 5 Legal Considerations When Launching a FINTECH Startup

    Jun 12, 2020

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

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  • Temporary Immigration Measures Make Hiring Temporary Foreign Workers Easier

    May 14, 2020

    This publication has been updated as of April 23, 2021. Employers that hire and employ temporary foreign workers must comply with many and…

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  • Michael Melvin in The Franchise Voice | Legal Digest (Spring 2020)

    May 11, 2020

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

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  • Callidus Capital Corp: Policing CCAA Proceedings

    May 11, 2020

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

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  • Coping with COVID-19: Planning for Business Reopening

    Apr 30, 2020

    While the world is still reeling from ongoing COVID-19 concerns, many provinces have announced plans to relax public health restrictions put in…

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  • Coping with COVID-19: The Impact on Contractual Performance in the Energy & Natural Resources Sector

    Apr 20, 2020

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

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  • Coping with COVID-19: Employers’ Top 10 Immigration Law FAQs

    Apr 15, 2020

    The COVID-19 pandemic is disrupting more than Canada’s domestic workforce. It’s also disrupting Canadian employers’ access to temporary…

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  • Atlantic Canada Minimum Wage Changes Effective April 1, 2020: More Than Wage Rates

    Apr 1, 2020

    Atlantic Canadian minimum wage rates (the lowest rate an employer is permitted to pay an employee) aren’t all that’s changing on April 1,…

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  • Coping with COVID-19: (More) Employer FAQs

    Mar 27, 2020

    The COVID-19 novel coronavirus has evolved rapidly, and so have the workplace issues employers are facing – and the questions employers were…

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  • Coping with COVID-19: 5 Steps to Compliant Socially Distant AGMs

    Mar 17, 2020

    Business corporations laws and stock exchange policies mandate that issuers hold annual general meetings (AGM) and set requirements for when and…

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  • Coping with COVID-19: Employer FAQs

    Mar 12, 2020

    The havoc that COVID-19 (a.k.a. “novel coronavirus” or SARS-CoV-2) is wreaking around the globe – and around workplaces – is about to…

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  • Coping with COVID-19: 3 Legal Remedies for Contractual Liability Risks

    Mar 10, 2020

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

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    Publication
  • 3 Ways to Commercialize Your Intellectual Property (IP) Rights

    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…

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  • N.S. Battens Down Marine Renewable Energy Power Purchase Agreement (PPA)

    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.…

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  • Still an Option: Feds Delay New Tax Rules for Employee Stock Options

    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…

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  • CSA Staff Notice 51-359: Corporate Governance Compliance by Public Cannabis Co.’s

    Jan 22, 2020

    All issuers must comply with both periodic and ongoing securities law corporate governance (and other) disclosure requirements. This can,…

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  • 5 Key Requirements of Canada’s Federal Environmental Emergency Regulations

    Nov 22, 2019

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

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  • Atlantic Canadian Employees’ Rights & Employers’ Obligations at Election Time

    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…

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  • 5 Key Changes to N.L. OHS Workplace Violence & Harassment Prevention Obligations January 1, 2020

    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.…

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  • Transitioning Immigrant Physicians to Canadian Permanent Residence Status: 3 Key Paths

    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…

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  • 5 Key FAQs About Canadian Cannabis Company “Key Investor” Disclosure Requirements

    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…

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  • Managing Social Media @ Work: 3 Steps to an Effective Workplace Social Media Policy

    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…

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  • CBCA Register for Individuals With Significant Control: 5 FAQs

    May 21, 2019

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

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  • Atlantic Canada Seafood Processing Mergers & Acquisitions: 3 Due Diligence Tips

    Apr 29, 2019

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

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  • 5 Basics Every Startup & Growing Business Should Know About Employment Law

    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…

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  • New N.B. Workplace Anti-Violence & Harassment Obligations April 1, 2019

    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…

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  • Webinar | No Joking Matter: Complying with N.B. Workplace Anti-Violence & Harassment Requirements

    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…

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    Webinar
  • Immigration Law Compliance: 5 Key Best Practices for Employers

    Jan 31, 2019

    There’s no shortage of warnings of a worker shortage in Canada – and the consensus seems to be that it’s only going to get worse. The…

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  • S.A. v. Metro Vancouver Housing Corp.: Can you trust a Henson trust?

    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…

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  • Privacy Interest in Personal Computer Contents: Supreme Court of Canada Confirms Ownership Isn’t 9/10 of the Law in R. v. Reeves

    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…

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  • How Canada’s New Impaired Driving Penalties Will Impact Canadian Immigrants & Employers

    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…

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  • 10 Burning Employer FAQs About Cannabis @ Work

    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…

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  • Cannabis Compliance: 3 Tips to Help Cannabis Industry Reporting Issuers Comply with Securities Law Disclosure Obligations

    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…

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  • Webinar | 5 Key Immigration Law Compliance Best Practices for Human Resource Professionals

    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…

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  • Incorporating a Business? Incorporating in N.S. Will Soon Be More Attractive

    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…

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  • Sarah McInnes in workplace.ca | The Top 5 Immigration Law Facts Every HR Professional Should Know

    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…

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  • 10 Key Terms to Make Clear in Every Software Licensing Agreement

    Jul 18, 2018

    Most businesses – from startups to SMEs to multi-nationals, and from private family-owned businesses to public corporations – will use…

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  • 3 Ways P.E.I.’s Business Corporations Act Modernized P.E.I. Corporations

    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…

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  • Extended Parental Leave: What to Expect When Your Employee is Expecting

    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…

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  • Dan Watt in Energy Regulation Quarterly | The Impact Assessment Act, Canadian Energy Regulator Act and Offshore Energy: A View from Atlantic Canada

    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…

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  • The Evolving Duty to Consult Indigenous Peoples: N.S. Court Recognizes a “Duty of Enforcement Consultation” in R. v. Martin

    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…

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  • Webinar | 5 Workplace Policy Areas to Manage Marijuana Risks

    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…

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    Webinar
  • Defining the Boundaries: Protecting Privacy & Privilege of Digital Content @ the Canadian Border

    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…

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  • The More Modern & Transparent Canada Business Corporations Act (CBCA)

    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…

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  • Medical Marijuana, Residual Impairment & The Duty to Accommodate in Re Lower Churchill Transmission Construction Employers’ Assn. Inc. and IBEW, Local 1620 (Tizzard)

    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…

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  • The Global Talent Stream: 5 Practical Learnings About the Latest Immigration Star

    May 24, 2018

    The Global Talent Stream is the central pillar of the Government of Canada’s recently launched Global Skills Strategy: an immigration program…

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  • Accommodating Mental Disability: 5 Practical Tips

    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…

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    Publication
  • A Lid on Medical Pot: No health Plan Coverage or Workers Compensation Benefits

    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…

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    Publication
  • 5 Practical Tips for Recruiting International Staff Physicians

    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…

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  • Webinar | #It’s Time: A 5-Step Sexual Harassment Risk Mitigation Strategy for Employers

    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…

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    Webinar
  • More Valuable Than Money? The 5 Most Common Equity Compensation Plans

    Apr 2, 2018

    Equity compensation plans are a valuable and versatile tool for many corporations, from early-stage startups to established blue-chips.…

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    Publication
  • #It’s Time: A 5-Step Sexual Harassment Risk Mitigation Strategy for Employers

    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…

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    Publication
  • Bill C-69 & The New Federal Offshore Renewable Energy Regime

    Feb 20, 2018

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

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    Publication
  • Bill C-69 & the New Federal Impact Assessment Act: The Impact on the Role of the Canada-Nova Scotia Offshore Petroleum Board (CNSOPB) and the Canada-Newfoundland and Labrador Offshore Petroleum Board (CNLOPB)

    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…

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    Publication
  • Navigating the N.S. Marine Renewable Energy Regime: What Project Developers Need to Know

    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…

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    Publication
  • A Whale of a Change: 5 of the Key Changes DFO Proposes to Canada’s Fisheries Act

    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…

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    Publication
  • Williams Lake Indian Band v. Canada: Crown Breached Fiduciary Duty to Indigenous Community – in 1858

    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…

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    Publication
  • Be Diligent: 5 Practical Steps to Enforceable Workplace Policies

    Feb 2, 2018

    Many employers use written workplace policies as a day-to-day workplace management tool; common examples include attendance management policies,…

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    Publication
  • Medical Cannabis Health Benefits Coverage Strategy: Key Considerations

    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…

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    Publication
  • How the Pros Get Into Canada: 5 FAQs About the NAFTA Professional Work Permit

    Jan 18, 2018

    The future of the North American Free Trade Agreement (NAFTA), including NAFTA’s immigration-related provisions allowing cross-border mobility…

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    Publication
  • The Legal Reality: Canadian Appeal Court decides “Virtual Presence” is enough for production order for user information against non-Canadian company in British Columbia (Attorney General) v. Brecknell

    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…

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    Publication
  • Supreme Court of Canada Confirms Auditor Negligent & Liable for $40M in Livent v. Deloitte

    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…

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    Publication
  • Is cryptocurrency the right tool for your company to raise capital? 5 FAQs about Initial Coin Offerings (ICO)

    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…

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    Publication
  • Denis Mahoney & Brittany Keating in the NLCA 2018 Construction Journal | Testing 1-2-3: The latest on drug & alcohol testing in safety-sensitive workplaces

    Dec 18, 2017

    The answer to the question, “What’s employers’ rationale for implementing workplace drug and alcohol testing?” is pretty…

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    Publication
  • 5 Helpful Holiday Hints for Human Resources

    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…

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    Publication
  • Balance Between Public & Operator Interests in Offshore Petroleum Resources Data is Set

    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…

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    Publication
  • Canada’s Private Corporation Tax Proposals: Year End Planning in the Face of Uncertainty

    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…

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    Publication
  • “Facilitation Payments” to Foreign Public Officials Violates Canada’s Corruption of Foreign Public Officials Act

    Nov 17, 2017

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

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    Publication
  • 10 Legal Considerations When Incorporating Your Startup

    Nov 16, 2017

    Corporations are the leading business vehicle in modern commerce. For startups, properly structuring and incorporating is critical to avoid…

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    Publication
  • Newfoundland & Labrador Offshore Oil Royalty Regulations November 1, 2017: Key Changes to the Offshore Regime

    Nov 9, 2017

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

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    Publication
  • Supreme Court of Canada Tackles Freedom of Religion & the Duty to Consult in Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations)

    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…

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    Publication
  • 2018 Planning Starts Now for TSX-Listed Issuers: TSX Updates Disclosure Requirements

    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…

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    Publication
  • Protect Your Assets: 3 Best Practices for Intellectual Property (IP) Owners

    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…

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    Publication
  • Canada Has Other Fish to Fry Between NAFTA Negotiation Rounds: CETA Provisionally Effective September 21, 2017

    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…

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    Publication
  • Proposed N.S. Marine Renewable Energy Act Amendments: New Demonstration Permit for Marine Renewable Energy in Wind & Waves

    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…

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    Publication
  • Charting a Course for Good Governance of Canada’s Emerging Ocean Economy | Offshore Aquaculture and Ocean-based Renewable Energy

    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.…

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    Publication
  • No NAFTA? No Problem – For Temporary Business Travel, That Is

    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…

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    Publication
  • 5 Employer “Family Status” Discrimination & Accommodation FAQs

    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…

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    Publication
  • Federal Crown’s Deemed Trust Priority for Unremitted GST/HST Survives Bankruptcy

    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…

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  • 5 Anti-Corruption Law Compliance Program Tips

    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…

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  • Relief is Here: N.S. Registered Defined Benefit Plans Get Temporary Solvency Funding Relief

    Aug 11, 2017

    After years of low interest rates, and correspondingly high solvency liabilities, there’s growing recognition that the solvency funding model…

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  • Proposed Changes to Business Income Tax Rules: A Gamechanger for Private Business Owners

    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…

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  • Crown Can Rely on National Energy Board to Fulfill its Duty to Consult

    Jul 28, 2017

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

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  • Federal Human Rights Law: No Gender Identity or Expression Discrimination

    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…

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    Publication
  • Take Pride @ Work: 5 Ways Employers Can Support Gender Diversity

    Jul 28, 2017

    This publication has been updated as at June 10, 2022.  The rapid rise in ESG (Environment, Social and Governance) principles has increased…

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  • The Federal Court of Canada Puts the “Fair” in the Copyright Act’s “Fair Dealing” Exceptions in Canadian Copyright Licensing Agency v. York University

    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…

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  • Steering clear of personal liability for oppression: Supreme Court of Canada offers guidance to corporate leaders in Wilson v. Alharayeri

    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…

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  • Jack Graham in Canadian Lawyer InHouse: Deconstructing the Workplace

    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…

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  • Growing Your Business: 3 Structuring Solutions

    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…

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  • Making Waves: What CETA means for Atlantic Canadian Fisheries

    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…

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  • Watching Your Claims Go Up In Smoke? Five Key Medical Cannabis Cost of Care Considerations

    Jul 10, 2017

    The legal landscape of cannabis (a.k.a. marihuana, weed, pot …) is changing, both reflecting - and contributing to - more relaxed attitudes…

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  • Go Global @ Home: Supreme Court of Canada Confirms Global Order to Remove Internet Content in Google Inc. v. Equustek Solutions Inc.

    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…

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  • Like it or Not: Supreme Court of Canada decides class action against Facebook can go ahead in B.C. – despite its terms of use in Douez v. Facebook, Inc.

    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…

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  • Canada v. Mikisew Cree First Nation: Court to Decide Whether Duty to Consult Also Applies Before Legislation is Enacted

    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…

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  • 5 Key Steps for a Proper Workplace Investigation

    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…

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  • Bradley Proctor in the Workplace Environment Health & Safety Reporter

    May 16, 2017

    Recreational cannabis isn’t legal yet: Canada’s federal government has proposed legislation to legalize and regulate access to recreational…

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  • Anti-Corruption Law Exposes Payments to Governments Under Extractive Sector Transparency Measures Act

    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…

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    Publication
  • Appeal Court Maintains Balance Between Public & Operator Interests in Offshore Petroleum Resources Data

    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…

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  • Estate Planning in the Age of Medical Assistance In Dying (MAID)

    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…

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    Publication
  • Nip it in the Bud: A 5 Step Plan for Employers to Prepare for Cannabis Legalization in Canada

    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…

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  • Daniel Watt and Sara Mahaney in Gard Update: Legal privilege in the corporate context in Canada

    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…

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  • Register Before You Lobby in N.B. under Lobbyists’ Registration Act

    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…

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  • Go Deep: How International Legal Reform Can Prevent Legal Uncertainty from Hindering Offshore Wind & Aquaculture Growth

    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…

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  • 5 Steps for Compliant Disclosure on Social Media

    Mar 30, 2017

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

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  • Information Technology (IT) Contracts: 3 Key Lessons for Customers & Service Providers

    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…

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  • Dust Off Your Limitation Defence: Court of Appeal Doesn’t Apply Extended Limitation Period in Yarmouth (District) v Nickerson

    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…

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  • Cyber Security: A 5-Step Data Breach Risk Mitigation Plan for Corporate Boards & Directors

    Feb 24, 2017

    This publication has been updated as at January 12, 2023. Many organization (66%) store the personal information of customers. employees,…

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    Publication
  • The Atlantic Immigration Pilot Program (AIPP): 5 Key Opportunities & Risks for Employers

    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…

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    Publication
  • 12 Key Do’s & Don’ts of Hiring & Firing

    Jan 31, 2017

    We updated this publication on March 1, 2023. The hiring process and the termination process are equally important stages of the employment…

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    Publication
  • Confidentiality Risks of Doing Business With the Public Sector Just Got Riskier: Completed NS Access to Information Requests Go Online

    Jan 25, 2017

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

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    Publication
  • Canadians With U.S. Connections: Key Cross-Border Estate Planning Strategies

    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…

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    Publication
  • The Atlantic Link: 5 Key Questions About the Electrifying Opportunity to Connect to a New Renewable Energy Market

    Jan 13, 2017

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

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    Publication
  • Don’t Sell Yet: How Principal Residence Exemption (PRE) Changes Affect Trusts

    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…

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    Publication
  • The Top Three Atlantic Canada Offshore Legal Developments of 2016

    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…

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    Publication
  • Newfoundland & Labrador’s New Public Procurement Act

    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,…

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    Publication
  • Time to Shine: Nova Scotia to Launch Solar Energy Pilot Program in 2017

    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…

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    Publication
  • Supreme Court of Canada Speaks on the Rectification of Transactions

    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…

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    Publication
  • 5 Employer FAQs About Religious Accommodation @ Work

    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…

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    Publication
  • 10 Steps to Anticipate Citizens’ Challenges to New Developments

    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…

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    Publication
  • Newfoundland & Labrador: A New Public Procurement Act for 2017

    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…

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    Publication
  • Supreme Court of Canada Says Privilege Wins Again – Twice in Lizotte v. Aviva Insurance Company of Canada & Alberta (Information and Privacy Commissioner) v. University of Calgary

    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…

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    Publication
  • Businessperson or “Business Visitor”: Canada’s Business Visitor Visa Rules

    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…

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    Publication
  • The 5 Key Elements of an Attendance Management Program (AMP)

    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…

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    Publication
  • Public & operator interests in offshore petroleum resources data: Where will the balance be struck? in Geophysical Service Incorporated (GSI) v. Encana Corporation

    Nov 9, 2016

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

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    Publication
  • Founders Shareholders’ Agreement: Key Considerations, Terms & Complementary Agreements

    Oct 21, 2016

    All shareholders – whether in a startup, a small or large business or a family-owned business – can benefit from a shareholders’…

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    Publication
  • Protect Your Assets: An Intellectual Property (IP) Primer

    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…

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    Publication
  • 3 Key Employment Law Steps to Take Now to Help You Sell Later

    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…

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    Publication
  • Uber Angst: Employees & Independent Contractors in the Sharing Economy

    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…

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    Publication
  • Supreme Court of Canada Decides Indian Bands Assessing Leased Reserve Lands for Property Tax Purposes Can’t Have it Both Ways in Musqueam Indian Band v. Musqueam Indian Band (Board of Review)

    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…

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    Publication
  • Ontario Follows Suit With Securities Act Changes Tightening the Belt on Insider Trading Regulation

    Aug 15, 2016

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

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    Publication
  • Deciding Between Federal & Provincial Incorporation: 5 Key Considerations

    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…

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    Publication
  • No Union? No Problem: Supreme Court of Canada Decides Canada Labour Code Bars Dismissal of Non-Unionized Employees Without Cause in Joseph Wilson v. Atomic Energy of Canada

    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…

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    Publication
  • DFO Decides “Last In, First Out” Policy (LIFO) is Out

    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…

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    Publication
  • Municipal Liability for ByLaw Enforcement: A Bylaw’s Not a Bylaw in Vlanich v. Typhair

    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…

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    Publication
  • NS Dives into Pooled Registered Pension Plans (PRPP)

    Jun 30, 2016

    As of June 25, 2016, provincially regulated workers and employers in Nova Scotia, Quebec, BC and Saskatchewan can participate in Pooled…

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    Publication
  • Label Delicate: Workplace Dress Codes Test & Tips

    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…

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    Publication
  • Weigh Now or Weight Later: New Cargo Container Verified Gross Mass (VGM) Rules Effective July 1, 2016

    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…

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    Publication
  • The Parameters of Municipal Power: Supreme Court of Canada Decides Municipality Can’t Block Radiocommunication Tower Construction

    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…

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    Publication
  • FAQs About AMPs (Administrative Monetary Penalties) in the Canadian Offshore

    Jun 10, 2016

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

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    Publication
  • Supreme Court of Canada Decides Income Tax Act Sections are Unconstitutional – and Strengthens Solicitor-Client Privilege in Canada (Attorney General) v. Chambre des notaires du Québec & Canada (National Revenue) v. Thompson

    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…

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    Publication
  • Assertion of Aboriginal Right Does Not Automatically Confer Eligibility to Appeal a Regulatory Approval

    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…

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    Publication
  • The East Coast Duty to Consult Indigenous Peoples

    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…

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    Publication
  • Get Your SEDAR Profile: Changes to Private Placement Filing Requirements Effective May 24 & June 30, 2016

    Jun 6, 2016

    On June 30, 2016, amendments to National Instrument 45-106 Prospectus Exemptions and related changes to Companion Policy 45-106 Prospectus…

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    Publication
  • 3 Tips to Use “Forward-Looking Information” to Enhance Your Investor Relations

    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…

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    Publication
  • Newfoundland & Labrador Crown Immunity for Mechanics’ Lien Holdbacks: 3 Key Risks for Subcontractors in Brook Construction (2007) v. Blackwood Contractors Ltd.

    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…

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    Publication
  • From Startup to Exit: 5 Key Stages of the Financing Lifecycle

    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…

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    Publication
  • A Red Flag for Municipalities & Developers: Supreme Court of Canada Decides Not Every Positive Covenant Under a Development Agreement Runs With the Land in Heritage Capital Corp. v. Equitable Trust Co.

    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…

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    Publication
  • A Penalty by Any Other Name: Supreme Court of Canada Says Interest Rate Increase Triggered by Default, Whatever It’s Called, Infringes the Interest Act in Krayzel Corp. v. Equitable Trust Co.

    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…

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    Publication
  • 5 Key Changes to Early Warning Reporting System Effective May 9, 2016

    May 2, 2016

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

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    Publication
  • New Early Warning Reporting System Exemptions for Certain Securities Lending Arrangements Effective May 9, 2016

    May 2, 2016

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

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    Publication
  • The Legal Defence of Due Diligence: Top 5 FAQs

    May 2, 2016

    “Due diligence” is a legal defence to many charges under occupational health and safety (OHS) laws. Here are five of the most…

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    Publication
  • The New Nova Scotia Mineral Resources Act: The Good, The Risky & The Neutral

    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…

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    Publication
  • Supreme Court of Canada Decides Federal Government Has Legislative Authority Over Métis & Non-Status Indians

    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…

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    Publication
  • From Watershed Decision to Watershed Law: Government Proposes Physician-Assisted Dying Law in Bill C-14 An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying)

    Apr 15, 2016

    On April 14, 2016, Canada’s federal Justice Minister proposed legislation setting out the conditions that a person wishing to undergo…

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    Publication
  • The Small Business Deduction: Key Proposed Changes & Strategic Solutions

    Apr 12, 2016

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

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    Publication
  • The Nuances of Labour Marketing Impact Assessments (LMIA): 2 Key Exemptions to Minimum Advertising Requirements

    Mar 29, 2016

    Applying for and obtaining a Labour Market Impact Assessment (LMIA) is a critical step in hiring a temporary foreign worker(s). Employers…

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    Publication
  • Doing Business With the Public Sector: Key Confidentiality Risks & 3 Risk Management Strategies

    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…

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    Publication
  • Construction Project Manager Sentenced to 3½ Years for Workplace Accident in R. v. Vadim Kazenelson (aka “Metron”)

    Mar 9, 2016

    In what appears to be the first case of the conviction of a front line supervisor under section 217.1 of the Criminal Code and sentencing to a…

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    Publication
  • 3 Tips to Manage Employee Tardiness Due to Adverse Weather Conditions

    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…

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    Publication
  • Energy Safety and Security Act (ESSA): 7 Key Changes Toughen Up Atlantic Offshore and North Oil & Gas Regulatory Regime

    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…

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    Publication
  • NB Kicks-off First Request for Expressions of Interest from Aboriginal Businesses Under New Electricity from Renewable Resources Regulation

    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…

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    Publication
  • The Top 12 Employment Contract Terms

    Feb 1, 2016

    This publication has been updated as at November 15, 2022. A well drafted and properly implemented written employment contract can be…

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    Publication
  • 5 Key Changes Streamline Venture Issuer Obligations

    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.…

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    Publication
  • Offshore Oil and Gas Decommissioning Best Practices

    Dec 21, 2015

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

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    Publication
  • An Ounce of Prevention is Worth a Pound of Response: The W-5’s of Managing Conflict & Preventing Harassment, Bullying & Violence @ Work

    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,…

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    Publication
  • Tax Implications of Personal Services Businesses (PSB) Status & Strategies to Avoid It

    Oct 23, 2015

    Incorporation offers legal advantages to sole proprietors of small businesses, including certain tax advantages. However, when a corporation…

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    Publication
  • New Kid on the Block: Crowdfunding Joins Traditional Equity-Based Funding Options for Startups & SMEs

    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…

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    Publication
  • 10 of the Top Employers’ Attendance Management Problems

    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…

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    Publication
  • Invalidation of Bequest to Neo-Nazi Group as Against Public Policy Withstands Appeal

    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…

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    Publication
  • A Glimpse Into The Future of Privacy Law: Medical Marijuana Privacy Breach Class Action Lawsuit Can Go Ahead in John Doe and Suzie Jones v. Her Majesty the Queen

    Jul 29, 2015

    On July 27, 2015, the Federal Court of Canada decided a lawsuit by medical marijuana program participants against the Federal Government…

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    Publication
  • The Changing Face of Aboriginal Law: 1 Short Year, 2 Big Court Decisions, 3 Key Implications for the Energy & Natural Resources Sector

    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…

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    Publication
  • Unproven Aboriginal Rights Enough For Lawsuit Against Private Industry

    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…

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    Publication
  • 3 Reasons for Directors, Officers and Supervisors To Take Occupational Health and Safety Personally

    Jun 25, 2015

    Most people know that a company itself has OHS obligations, and that it risks corporate liability if it violates those obligations. However, not…

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    Publication
  • The New NS Missing Persons Act: 5 Privacy Implications for Businesses, Organizations & Public Bodies

    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…

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    Publication
  • SCC Gives Municipalities (& Other Government Authorities) 3 Reasons Not to Say A Little Prayer in Mouvement laïque québécois v. Saguenay (City)

    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…

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    Publication
  • The Export/Import Journey: 3 Key Ways Choosing a Free Trade Agreement Country Can Simplify the Trip

    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…

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    Publication
  • 5 FAQs About Workplace Sex Discrimination

    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…

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    Publication
  • Wait a Minute Mr. Postman … 3 Lessons Health Canada’s Privacy Breach Delivers to the Private Sector

    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…

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    Publication
  • 5 Hot Tips to Help Employers Handle Office Romances

    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…

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    Publication
  • No More Criminalization of Physician-Assisted Dying: The Ripple Effects of A Watershed Decision in Carter v. Canada (Attorney General)

    Feb 9, 2015

    NOTE: On April 14, 2016, the federal government proposed legislation setting out the conditions that a person wishing to undergo…

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    Publication
  • Charter Protects the Right to Strike

    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…

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    Publication
  • Bad Faith & Unfair Dealing in Employee Dismissal: 7 Lessons in 7 Years

    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…

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    Publication
  • Changes to Canada’s Trademarks Law: The Good, The Bad & The Ugly

    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…

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    Publication
  • Privacy in Basic Cell Phones: SCC Continues Trend of Privacy Protection in R. v. Fearon

    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 –…

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    Publication
  • 5 “Legal” Reasons Why Natural Resource Companies Should Care About Corporate Social Responsibility (CSR)

    Dec 10, 2014

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

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    Publication
  • 5 Tips to Manage Employer (Social) Host Liability

    Dec 5, 2014

    This article has been updated as of December 11, 2020. Employers host numerous events throughout the year – summer and holiday office…

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    Publication
  • Egg Films Epilogue: 5 Key Implications of NS Union Certification Based on “Industry” Dependence

    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…

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    Publication
  • Thou Shalt Not Lie: SCC Recognizes New Duty of Honesty in Contract Law in Bhasin v. Hrynew

    Nov 14, 2014

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

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    Publication
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    Sep 30, 2014

    Effective September 1, 2014 the NB government implemented five important changes to the NB Employment Standards Act – the minimum standards…

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  • The Top 5 Corporate Governance Best Practices That Benefit Every Company

    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…

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  • Canadian Treaty Shopping Proposal Shelved Pending Final OECD Recommendation, First To Be Released September 16

    Sep 11, 2014

    The Canadian federal government has been concerned for some time about “treaty shopping” by non-residents – the practice of non-residents…

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  • Complying With Canada’s Anti-Spam Law (CASL) – Foreign Organizations Doing Business in Canada Need to Pay Attention

    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…

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  • Canada’s Temporary Foreign Worker Program Overhaul

    Jul 9, 2014

    On June 20, 2014 the Federal Government announced a major overhaul of Canada’s Temporary Foreign Worker Program. With stringent enforcement…

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  • SCC Sets Test for – and Defines Rights of – Aboriginal Title in Canada

    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,…

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  • Joining the Crowd – NS & NB Consider Crowdfunding

    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…

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  • Court Orders Feds to Reconsider Canadian Forces Housing Compensation Policy in Brauer v. The Queen

    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…

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  • What’s In The Pipe? Municipal Liability for Flood & Sewage Back-Up Claims

    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,…

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  • Legal Update: Feds Crack Down On Employer Abuse Of Temporary Foreign Worker Program

    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…

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  • Legal Update: More Changes to Federal Temporary Foreign Worker Program

    Jan 21, 2014

    On December 31, 2013, amendments to the Immigration and Refugee Protection Regulations and new Ministerial Instructions changing the Federal…

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  • Privacy in Computer Contents: Supreme Court of Canada Picks Up Where It Left Off in R. v. Vu

    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…

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  • Legal Update: Risky Trading – Insiders and Potential M&A’s

    Nov 1, 2013

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

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  • General Security Agreements: Tips & Traps

    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…

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  • Privacy Trumps Safety: SCC Strikes Down Mandatory Random Alcohol Testing Policy

    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…

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  • Franchise Questions: What do I need to know about moving into new markets?

    Jun 7, 2013

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

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  • A Practical Analysis of “Material Fact”

    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…

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  • Legal Alert: Federal Temporary Foreign Worker Program Changes

    Apr 30, 2013

    Note: Effective December 31, 2013, the Federal Government made additional changes to the Federal Temporary Foreign Worker Program. Click here to…

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  • Legal Update: The Duty to Consult – Important Lessons from Canada’s Mining Sector

    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…

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  • A White Paper on Reforming Canada’s Transportation Policies For the 21st Century

    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,…

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  • Students with Learning Disabilities Have a Right to Education Comparable to that of the General Student Population in Moore v. British Columbia (Education)

    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…

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  • Supreme Court of Canada Confirms Employees May Have a Limited Reasonable Expectation of Privacy In Work Computer in R. v. Cole

    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…

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  • Legal Alert: SCC Finds Limited Reasonable Expectation of Privacy In Work Computer But Evidence Still Admissible

    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…

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  • CSA Staff Notice 11-318: Guidance for Cease Trade Order Database Users

    Aug 27, 2012

    Introduction and Purpose Staff of the Canadian Securities Administrators (CSA Staff or we) are publishing this Staff Notice (the Notice) to…

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  • Court Confirms Reviewing Courts Should Give Early Due Deference to Administrative Decision-Makers

    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…

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  • “Canada Day” Or “July 1st”: Which Is The “Holiday” For Employees?

    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. …

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  • Canadian Securities Administrators Adopt Rule For Over-The-Counter Issuers

    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,…

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  • 10 Tips to Deal with Employee Discipline for Social Media Use

    Mar 1, 2012

    Social media represents a profound cultural shift and employers must adapt if they want to avoid unnecessarily – and potentially costly –…

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  • Alert: Significant Changes to NS Human Rights Complaint-Handling Procedure Effective January 1, 2012

    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…

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  • Alert: Supreme Court of Canada Finds Proposed Canadian Securities Act Unconstitutional

    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…

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  • Multiple Extensions of Termination Date Nullify Termination Notice

    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…

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  • Investor Readiness

    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…

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  • Accounting Firms – Do they need to be registered as exempt market dealers

    Oct 6, 2011

    In 2009 Canadian securities regulators changed the rules relating to securities “registration” – these rules determine who is required to…

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  • NB Court of Appeal Upholds Mandatory Random Alcohol Testing Policy

    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.…

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  • Ontario Court of Appeal Finds Reasonable Expectation of Privacy in Work Computer

    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…

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  • Changes to Federal Foreign Worker Regulations Effective April 1, 2011: A Serious Issue for Employers

    Mar 6, 2011

    In the midst of a sea of change, the Federal Government has enacted Regulatory changes significantly impacting employers who hire foreign…

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  • A Closer Look at the Regulations Under the New Brunswick Franchises Act

    Oct 1, 2010

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

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  • What are electronic disclosure documents and why and how may they be used?

    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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