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Home > Our Insights > New Kid on the Block: Crowdfunding Joins Traditional Equity-Based Funding Options for Startups & SMEs
Publication

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

Published:

October 19, 2015

Author(s):

  • Danielle Daigle
  • Chris MacIntyre

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Access to sufficient capital to fund operations, research and development, and other costs is a key challenge for start-ups and for some small and medium sized businesses. There are several typical sources of capital from which startups and SMEs can choose. Equity-based funding can be a bit tricky to navigate because of the securities law requirements that include filing a prospectus, a time consuming and costly process. The key for startups and SMEs is to fit the equity issuance into an exemption from the prospectus requirement – and a new alternative just became available. In May 2015, several Provincial securities regulators implemented a new start-up crowdfunding exemption, creating another option for start-ups and SMEs to raise equity capital in those Provinces.

Here are three key sources of capital for startups and SMEs, and three key sources of equity-based funding – two traditional and the new equity crowdfunding option – and some pros and cons of each.

3 KEY SOURCES OF CAPITAL

Startups usually get capital in one of three ways:

1. Debt Financing. There are various debt financing options available to startups. For example, a key focus of Business Development Bank of Canada (BDC) is providing financing to entrepreneurs; there are also loan programs available through organizations like Centre for Entrepreneurship Education and Development (CEED), Atlantic Canada Opportunities Agency (ACOA) and Futurpreneur Canada. Debt financing can be difficult for startup businesses to obtain because there is rarely much in the way of valuable collateral over which the lender can take security for its loan.  Even where debt financing is available, start-up businesses might not be keen to take on the burden of debt and the obligation to continually service it through principal and interest payments.  It might also require shareholders or other principals of the business to give personal guarantees and security, and this can be risky – and unattractive – to those involved.

2. Grant Funding. Depending on its nature, a start-up business might have access to grant funding through various government agencies.  A big benefit of grant funding: the recipient doesn’t typically have to repay it. The challenges: there aren’t alot of them, and the recipient must take care to comply with any requirements associated with the grant – or potentially lose it.

3. Equity Funding. Equity funding raises money by issuing shares of a company to investors in exchange for capital. This type of financing is attractive to start-ups and SMEs because they don’t need valuable collateral to secure the investment, and they don’t have to incur principal or interest payments as with debt financing. However, there are drawbacks to financing a business through equity funding. The owner will likely have to give up some management oversight and control to the new investors, and obtain their consent as shareholders to certain business matters. The company will also be required to comply with securities laws. Every Canadian Province has securities laws regulating the issuance of equity securities (e.g. shares or units) to investors. One of the main purposes of these regulations is investor protection. Securities laws generally require an issuer (i.e. the company) to create and make available a prospectus – a detailed document describing a security to be issued to potential investors and disclosing other specified information – to investors, unless the issuance fits within an exemption from this requirement. A prospectus is a time consuming and costly document to prepare, so issuers – especially startups and SMEs – frequently try to identify and take advantage of available prospectus exemptions. The exemptions and the conditions of each are published in National Instrument 45-106.

3 KEY SOURCES OF EQUITY-BASED CAPITAL

Equity-based funding can be a bit tricky to navigate because of the securities law requirements – but many start-ups and SMEs still choose the equity funding route to raise capital because they don’t qualify for debt or grant funding. The key: fitting the issuance into an exemption to avoid the prospectus requirement.

Here are three key sources of equity-based funding for startup businesses and some of the pros and cons of each:

1. Friends, Family and Business Associates. For many start-ups, the first source of equity based capital – outside of whatever funds the business owners themselves can cobble together – is investment by friends, family members and close business associates. The prospectus exemption in Section 2.5(1) of NI 45-106 applies to the distribution of securities to the following people:

  • a spouse, parent, grandparent, brother, sister, child or grandchild of a director, executive officer or control person of the company or of an affiliate of the company;
  • a parent, grandparent, brother, sister, child or grandchild of the spouse of a director, executive officer or control person of the company or of an affiliate of the company;
  • a close personal friend of a director, executive officer or control person of the company or of an affiliate of the company;
  • a close business associate of a director, executive officer or control person of the company or of an affiliate of the company;
  • a founder of the company or a spouse, parent, grandparent, brother, sister, child, grandchild, close personal friend or close business associate of a founder of the company; and
  • a parent, grandparent, brother, sister, child or grandchild of a spouse of a founder of the company.

To qualify for the exemption, the person purchasing the securities must be doing so as principal (that is, not on behalf of someone else) and no commission or finder’s fee can be paid to any director, executive officer or control person of the company or of an affiliate of the company in connection with the distribution of the securities to the purchaser. 

On the “pro” side, this exemption is purely relationship-based, and the person acquiring the securities need not be a sophisticated investor to be able to purchase the securities without need of a prospectus. On the “con” side, however, this funding option isn’t likely to be a source of significant capital since (at least for many people) family and friends, in particular, often don’t have large amounts of money available to invest. Getting into a business relationship with friends and family members can also lead to strained relationships if the business isn’t successful or there are disagreements about how to run the business; if possible, it’s often best to segregate business and investor relationships from friendships and family ties.  Nonetheless, accessing capital from friends, family and business associates continues to be an oft-used source of seed capital for start-up businesses.

2. Angel Investment. “Angel” investors, as they are known in the venture capital world, are typically savvy business people with access to personal capital who will invest in a start-up business so it can get through the initial stages of its development. They are referred to as angels because they are seen to be assisting the company in a time of significant need. These investors will often provide more than just capital, also offering input and guidance regarding the management, governance and other aspects of running the business.

Angel investors typically qualify for the accredited investor exemption set out in Section 2.3 of NI 45-106, since they will usually have sufficient assets or income to fit within the definition of “accredited investor” found in sections (j), (j.1), (k) or (l) of NI 45-106. Note, however, that under amendments to NI 45-106 that came into force earlier this year, a company distributing securities to an “accredited investor” as defined in sections (j),  (k) or (l) must obtain a signed Risk Acknowledgment in the prescribed form from the investor when that investor signs the agreement to purchase the securities. To learn more about the May 2015 amendments to NI 45-106, read McInnes Cooper’s: Positive Onus On Sellers – 3 Key Changes To Prospectus Exemption Rules & 3 Compliance Tips.

Angel investment has a lot of pros for start-ups, such as giving the company access to much-needed funds and business expertise, and introducing the company to the angel’s network of other investors. However, there some cons. Angel investors can be hard to find and once you have identified them as potential investors, it can be equally hard to convince them that your start-up is promising enough for them to invest in.  In addition, angel investors typically have certain expectations or “strings” attached to their investment, including regular reporting and transparency with respect to the business operations, so it’s important for companies to consider these requirements carefully when negotiating an equity financing with angel investors.

3. Crowdfunding. This newest “kid” on the equity-based start-up funding “block” has attracted a fair amount of attention, particularly over the past year. “Non-equity-based” crowdfunding has been going on for some time through websites such as Kickstarter. In “non-equity-based” crowdfunding, individual investors – the members of the “crowd” – each provide a small amount of money to finance a project or business venture, typically through an internet platform or portal and typically in exchange for products or services. In “equity-based” crowdfunding, however, the members of the “crowd” invest capital in exchange for an equity interest (such as shares), bringing securities laws into play. The existing securities laws do apply to the distribution of securities through crowdfunding, but until now the available prospectus exemptions (accredited investor, minimum amount, etc.) didn’t work well for crowdfunding.

Recently, several Provincial securities regulators responded by creating a tailored set of rules balancing the needs of issuers and investors. Effective May 14, 2015, regulators in NS, NB, Manitoba, Québec, Saskatchewan and BC implemented a start-up crowdfunding exemption relieving qualifying companies from the prospectus requirement. Each regulator published its own “order”, though they are identical in substance; read the NS Blanket Order 45-524. To learn more about crowdfunding generally, and the crowdfunding-related exemptions the regulators originally proposed in 2014, read McInnes Cooper’s: Joining The Crowd – NS & NB Consider Crowdfunding.

The new start-up exemption is aimed toward helping start-ups in particular to comply with the applicable regulatory requirements when accessing this growing source of capital. It is available to non-reporting issuers with their head office in one of the participating jurisdictions (NS, NB, Manitoba, Saskatchewan, Québec and BC) – but not to investment funds. Here are the key features of this exemption:

  • Offering Size. A single offering can’t exceed $250K, up from the $150K maximum originally proposed.
  • Distribution Period. The distribution can remain open for only 90 days.
  • Maximum Investment. An investor may invest a maximum of $1,500 in any single investment under the exemption.
  • Annual Maximum. The issuer can only use the exemption a maximum of twice in a calendar year. With the maximum offering size at $250K, the issuer can raise a total of $500K in a year.
  • Registration. Crowdfunding portals are not  subject to a registration requirement under securities law if they meet certain criteria, including:
    • their head office must be in one of the participating jurisdictions and their  promoters, directors, officers and control person must be Canadian residents
    • they can’t provide investment advice or be related to the issuer of the securities being offered
    • they can only allow an investment once the investor confirms online having read and understood the issuer’s offering document and important risk warnings

The main pro of crowdfunding is it gives start-ups a viable alternative to relying only on friends, family and close business associates, or finding and convincing sophisticated people to invest in their business. But there are potential cons. For example, with such a low maximum investment amount, a business would need to find many investors to obtain an appropriate amount of funding, leading to a diverse shareholder base and other sorts of challenges. Also, no crowdfunding activity can take place until a portal is established to permit this type of fundraising, so start-ups and SMEs might not be able to benefit from this exemption just yet. Finally, it’s not proven; only time and experience will tell whether this new start-up crowdfunding exemption in fact develops into a useful, reliable and cost-effective source of capital for start-ups and SMEs.


Please contact your McInnes Cooper lawyer or any member of our McInnes Cooper Corporate Finance and Securities Team 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, 2015.  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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  • 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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    Publication
  • An Early Canada (Anti Spam Legislation) Day Gift! CASL Private Right of Action Repealed

    Jun 7, 2017

    On June 7, 2017, the federal government repealed the regulations that would have brought into effect the sections of Canada’s Anti Spam…

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    Publication
  • 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
  • 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
  • Cannabis Legalization in Canada: Seeds have sprouted, but the branches are still bare

    Apr 20, 2017

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

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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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    Publication
  • 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…

    Read More
    Publication
  • 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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    Publication
  • 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
  • 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…

    Read More
    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
  • 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
  • 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 Warns Judgment Creditors: Implied Consent is Enough to Disclose Discharge Statement in Royal Bank of Canada v. Trang

    Nov 22, 2016

    On November 17, 2016 the Supreme Court of Canada decided a mortgagee has the mortgagor’s implied consent to disclose its discharge statement…

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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
  • 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

    This publication has been updated as at January 17, 2023. For many businesses, large and small, their “Intellectual Property” (IP) is one…

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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
  • NB Court Clarifies Mortgage Lenders’ Rights on Default: 5 Steps for NB Mortgage Lenders to Consider

    Sep 23, 2016

    On September 15, 2016, the New Brunswick Court of Appeal clarified the province’s statutory regime governing both the exercise of a lender’s…

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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
  • 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
  • Common Ground: Retail & Commercial Condominium Financing

    Jun 30, 2016

    The condo real estate market, both retail and commercial, is hot. But condo developers and unit buyers need funding. Here’s the legal…

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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
  • 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
  • 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 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
  • NS Poised to Take the Plunge into Pooled Registered Pension Plans (PRPPs)

    May 5, 2016

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

    Read More
    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 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
  • 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…

    Read More
    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
  • 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…

    Read More
    Publication
  • Doe 464533 v. D.: Business Implications of the Civil Privacy Claim for “Public Disclosure of Private Facts”

    Jan 27, 2016

    On January 21, 2016, the Ontario Superior Court of Justice dramatically expanded the scope of legal privacy protection – and the liability…

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    Publication
  • Ontario Court Provides Guidelines to Balance Privacy Rights & “Tower Dumps” in R v. Rogers Communications

    Jan 18, 2016

    On January 14, 2016, the Ontario Superior Court decided that Canadians have a clear privacy interest in their records of their cellular…

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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
  • 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
  • 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
  • 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
  • The Value of Hindsight – 3 Steps to Help Financial Advisors Avoid Client Claims and Complaints

    Mar 30, 2015

    Hindsight is 20/20. Lawyers can’t always predict the outcome of a legal claim. But when a dispute between an investment client and her…

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    Publication
  • No Messing Around – $1.1M First Penalty for Canada’s Anti-Spam Legislation (CASL) Violations by Compu-Finder

    Mar 6, 2015

    On March 5, 2015, the Canadian Radio and Television Commission (the CRTC, the main agency charged with administering and enforcing most of CASL)…

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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
  • 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
  • Canada’s Anti-Spam Legislation (CASL) Software Installation Sections: 10 FAQs

    Dec 11, 2014

    On January 15, 2015, the software provisions of Canada’s Anti-Spam Legislation (CASL) will take effect.  CASL’s anti-spam sections, touted…

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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
  • Complying With Canada’s Anti-Spam Legislation (CASL): Protecting Directors & Officers from Personal Liability

    Oct 14, 2014

    CASL’s anti-spam sections came into force on July 1, 2014. Every organization that CASL affects should now be complying with it – and their…

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    Publication
  • 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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    Publication
  • 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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    Publication
  • 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…

    Read More
    Publication
  • SCC Protects Internet Users’ Expectation of Privacy In Online Activities in R. v. Spencer

    Jun 16, 2014

    On June 13, 2014 the Supreme Court of Canada decided that Canadians have a reasonable expectation of privacy in their online activities, and…

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    Publication
  • Counting Down to Canada’s Anti-Spam Legislation (CASL) – The Last Minute Guide to Preparing For CASL

    Jun 12, 2014

    The countdown to CASL is almost over: there are only 13 business days until the anti-spam provisions of CASL – and most of the penalties for…

    Read More
    Publication
  • 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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    Publication
  • Estate Planning Solutions: 5 FAQs About Alter Ego & Joint Partner Trusts

    May 22, 2014

    This publication has been updated as at February 17, 2021. Trusts offer a very useful estate planning solution for a wide variety of special…

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    Publication
  • Counting Down to Canada’s Anti-Spam Legislation (CASL) –10 Steps to Prepare for CASL

    May 8, 2014

    On July 1, 2014 – less than two months from now - the anti-spam sections of Canada’s Anti-Spam Legislation (CASL) take effect. Individuals…

    Read More
    Publication
  • Share Purchase Transactions: Tips For Lenders

    Apr 29, 2014

    Lenders are often faced with a situation where a customer (Borrower) approaches them for funds to complete an acquisition of the shares of a…

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    Publication
  • Counting Down to Canada’s Anti-Spam Legislation (CASL) – Does CASL Make You A “Spammer”?

    Apr 15, 2014

    The countdown to CASL is on: on July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (“CASL”) take effect. Individuals…

    Read More
    Publication
  • Cloud Computing: A Privacy FAQ

    Mar 19, 2014

    As organizations turn to cloud computing services, ensuring compliance with legislation and reducing privacy risks is key. In Canada, there is…

    Read More
    Publication
  • Counting Down to Canada’s Anti-Spam Legislation (CASL): 10 Reasons Why You Should Care About The Upcoming CASL Right Now

    Feb 28, 2014

    On July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (aka “CASL”) will take effect. CASL is: Broad. It applies…

    Read More
    Publication
  • Counting Down to Canada’s Anti-Spam Legislation (CASL) – What You Need to Know Now

    Feb 28, 2014

    On July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (aka “CASL”) take effect. CASL will apply to just about every…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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,…

    Read More
    Publication
  • 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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    Publication
  • 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,…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • Legal Update: Cloud Computing and Privacy FAQ

    Apr 7, 2011

    Note: Click here to read an updated version of this Legal Update in Cloud Computing: A Privacy FAQ as seen in as seen in CCCA Magazine, Spring…

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    Publication

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