Team Members ()

Publications ()

News ()

Pages ()

Services ()

  • Our Team

    Our Team

    • Lawyers & Clerks
    • Leadership Team
    • Board of Directors
    • Human Resources
    • Marketing & Business Development
    • Paraprofessional Services
  • Our Services

    Our Services

    • Service Areas
      • Aboriginal and Indigenous Law
      • Administrative Law
      • Agribusiness
      • Banking and Financial Services
      • Bankruptcy and Insolvency
      • Business Disputes
      • Business Immigration
      • Class Actions
      • Construction Law
      • Corporate and Business
      • Corporate Finance and Securities
      • Corporate Governance and Compliance
      • Cross-Border Law
      • Education Law
      • ESG (Environmental, Social, & Governance)
      • Estates and Trusts
      • Environmental Law
      • Foreign Direct Investment
      • Franchise Law
      • Health Law
      • Insurance
      • Intellectual Property
      • Labour and Employment
      • Litigation
      • Maritime Law
      • Media & Entertainment
      • Municipal Law
      • P3 and Infrastructure
      • Pensions and Benefits
      • Privacy, Data Protection and Cyber Security
      • Public Law
      • Real Estate
      • Regulation of Professions
      • SISIP LTD Allowances Class Action
      • Tax
      • Technology
      • View All
    • Industries
      • Cannabis
      • Construction & Property Development
      • Emerging & High Growth Companies
      • Energy & Natural Resources
      • Financial Services
      • Government & Institutions
      • Insurance
      • Manufacturing, Processing & Sales
      • Mining
      • Ocean Economy
      • Private Clients
      • Technology
      • View All
    • More Services
      • MC Advisory
      • MC Legal Lab
  • Our Insights
  • Our Firm

    Our Firm

    • Our Values
    • Our History
    • Our Representative Work
    • Our Global Reach
    • Our News
    • Diversity & Inclusion
    • Collective Social Responsibility
    • Pro Bono Program
  • Our Careers

    Our Careers

    • Lawyer Opportunities
    • Business Professional Opportunities
    • Paralegal & Legal Assistant Opportunities
    • Summer Student & Articling Opportunities
    • Diversity & Inclusion
    • Collective Social Responsibility
  • 1.866.439.6246
  • Contact
  • Search
  • Stay Updated
  • Contact Us
  • LexMundi World Ready
  • Privacy Policy
  • http://linkedin.com
  • http://facebook.com
  • http://twitter.com
  • 1.866.439.6246
Home > Our Insights > Still an Option: Feds Delay New Tax Rules for Employee Stock Options
Publication

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

Published:

January 30, 2020

Author(s):

  • Sarah Campbell, KC

Share

Print

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 Tax Rules Effective July 1, 2021.

Employee stock option plans, like all equity compensation plans, can be a valuable and versatile tool for corporations (particularly startups), to attract, incentivize and retain talent. The value of employee stock option plans can, however, be impacted by their tax treatment – and right now, the tax treatment of employee stock options is in limbo.

In Budget 2019, the federal government proposed changes to the tax rules applicable to employee stock options. The Department of Finance released the details of the proposed changes on June 17, 2019: intended to take effect January 1, 2020, stock options granted before January 1, 2020 would have been subject to the current (more favourable) tax rules, and options granted on and after January 1, 2020 would have been subject to the new (less favourable) tax rules. On December 19, 2019, however, the Finance Department announced it has postponed implementation of the new tax rules for employee stock option plans, with no indication of a new effective date. While it’s still expected the new rules will, in some form, ultimately be implemented on a future date, it won’t be January 1, 2020. In the meantime, employee stock option grants remain subject to the current – and more favourable – tax rules. And that means that, at least for now, employers (or prospective employers) contemplating employee stock option grants still have the option of doing so under the current tax rules. But best to do so sooner rather than later: it might not be an option for long.

Current Rules. For Canadian-controlled private corporations (CCPCs) dealing at arm’s length from the employee, the employee stock option benefit is taxable in the year in which the shares are disposed of. Otherwise, the benefit is generally taxable in the year in which the employee acquires the shares (in other words, when the employee exercises the option). Under the current rules, there is a deduction equal to one-half of the benefit, effectively resulting in capital gains treatment. This deduction is available if certain conditions are met, including all of the following:

  • The share is a “prescribed share” (generally a common share).
  • The amount payable by the employee to acquire the share is not less than the fair market value of the share at the time the agreement is made (that is, when the option is granted).
  • The employee was dealing at arm’s length with the employer at the time the option was granted.

For CCPCs, if an employee holds the shares for at least two years, this deduction is available even if it’s not a prescribed share or the amount payable by the employee to acquire the share is less than the fair market value of the share at the time the option was granted.

Proposed Rules. On June 17, 2019, the federal government tabled proposed new rules for the tax treatment of employee stock options, including:

  • Annual limit. A new annual limit of $200,000 on the amount of employee stock options that may vest in any calendar year(based on the fair market value of the optioned shares when the options are granted) that can qualify for the deduction.
  • Limit exemptions. This annual limit won’t apply to employee stock options granted by CCPCs. Recognizing some non-CCPCs could be “start-ups, emerging or scale-up companies”, it won’t apply to non-CCPCs that meet certain criteria set out in the new rules. But to date, there’s not yet any definition of a start-up, emerging or scale-up company to which this exemption would apply, a significant reason why the implementation of the new rules is postponed.
  • Over limit. If an employee exercises stock options in excess of the annual $200,000 limit, the difference between the fair market value of the share at the time the option is exercised and the amount paid by the employee to acquire the share will be treated as a taxable employment benefit.

Implementation Timing. It’s not known when the now postponed proposed changes to the employee stock option tax rules will take effect. However, the government has stated it will introduce revisions to the proposed rules with Budget 2020. It’s likely these will include an effective date that will give individuals and businesses time to review and adjust to the new rules. The government announced the postponement in implementing the new rules after hearing from affected businesses on the proposed changes to the rules. Specifically, the government had requested feedback on what should qualify as a startup or emerging company for the purpose of qualifying for the proposed preferred tax treatment. Until the new rules take effect, however, employers and employees can continue to take advantage of the existing tax benefits of issuing stock options to compensate employees.


Please contact your McInnes Cooper lawyer or any member of our Tax Law 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, 2020. 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.

Share

Print
View Related Content

Related Lawyers

  • Sarah Campbell

    Sarah Campbell, KC

    Chair of Promotion of Women Committee, Partner

Related Services

  • Corporate Finance and Securities
  • Tax

Related Industries

  • Emerging & High Growth Companies

Related Publications

View All Publications
  • 3 Key (Written) Contracts Every Business Needs

    Mar 2, 2023

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

    Read More
    Publication
  • Underused Housing Tax Act: Residential Property Owner Reporting Obligations

    Jan 19, 2023

    We updated this publication on February 13, 2023. By April 30, 2023, both Canadian and non-Canadian trustees, partners of a partnership,…

    Read More
    Publication
  • 5 Practical Tips to Prepare for a Successful Venture Capital Financing

    Dec 14, 2022

    If you’re at the stage in the financing lifecyle where venture capital is the right route to grow your business, here are five tips to help…

    Read More
    Publication
  • 7 Deal Protection Measures to Help Avoid the Musk & Twitter M&A Drama

    Oct 28, 2022

    Finally closing on October 27, 2022, the tumultuous Elon Musk/Twitter M&A deal drama has been unfolding for months, with both sides making…

    Read More
    Publication
  • Supreme Court of Canada Confirms No Retroactive Tax Planning Allowed

    Jul 12, 2022

    Lawyers and accountants advise clients on options for organizing their personal and business affairs in a tax-efficient way. Clients enter into…

    Read More
    Publication
  • Going Public: 3 IPO Alternatives

    Apr 20, 2022

    If you’ve reached the stage in your financing lifecycle where you’re ready to take your company public, you might think you’ve only got…

    Read More
    Publication
  • Smart Contracts & Automated Contracts: 5 FAQs

    Jan 25, 2022

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

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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,…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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.

    Read More
    Publication
  • 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…

    Read More
    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…

    Read More
    Publication
  • 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,…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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.…

    Read More
    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…

    Read More
    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…

    Read More
    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…

    Read More
    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).…

    Read More
    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…

    Read More
    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…

    Read More
    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…

    Read More
    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…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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…

    Read More
    Publication
  • 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…

    Read More
    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…

    Read More
    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.…

    Read More
    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…

    Read More
    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,…

    Read More
    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…

    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…

    Read More
    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…

    Read More
    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…

    Read More
    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…

    Read More
    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…

    Read More
    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’…

    Read More
    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…

    Read More
    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…

    Read More
    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…

    Read More
    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…

    Read More
    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…

    Read More
    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…

    Read More
    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…

    Read More
    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…

    Read More
    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…

    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…

    Read More
    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…

    Read More
    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…

    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…

    Read More
    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.…

    Read More
    Publication
  • It Gets Worse: 5 Key Proposed Changes to Section 55 of the Income Tax Act

    Oct 23, 2015

    Subsection 55(2) of the Income Tax Act (Canada) is an anti-avoidance provision intended to prevent capital gains stripping by deeming an…

    Read More
    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…

    Read More
    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…

    Read More
    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…

    Read More
    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…

    Read More
    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…

    Read More
    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…

    Read More
    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…

    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…

    Read More
    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…

    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
  • 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…

    Read More
    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
  • Comment on Copthorne Holdings Limited V. The Queen

    Dec 16, 2011

    In a unanimous decision rendered by Justice Rothstein, the Supreme Court of Canada today dismissed the appeal of Copthorne Holdings Limited,…

    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
  • DFO Announces that Corporations May Own Fishing Licenses

    Mar 7, 2011

    Effective April 1, 2011, the fishing licensing policy for the Atlantic Canada and Quebec inshore fishery will change to allow inshore fishing…

    Read More
    Publication

Stay Updated

Subscribe to McInnes Cooper to stay current with our leading insights on legal updates, trends, news, events, and services.

Connect With Us:
  • Follow us on Twitter @mcinnescooper
  • Like us on Facebook @mcinnescooperlaw
  • Join us on LinkedIn @mcinnes-cooper
  • 1.866.439.6246
  • Privacy Policy
  • Copyright © 2023 — McInnes Cooper
Lex Mundi Logo MC Advisory Logo