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2016/4/11

After extensive public consultations, the Government of Quebec announced Quebec's energy policy for 2016–2030 (Policy) on April 7, 2016. By focusing on energy efficiency, innovation and renewable energy, the Policy aims to transition towards a low-carbon economy that will help fight climate change. Environmental organizations, businesses and First Nations thus far seem to be in favour of the Policy.


Tags: Energy, Environmental & Aboriginal Law, Infrastructure, Oil & Gas, Plan Nord, Power
2016/4/4

On March 31, 2016, the Bureau announced that it had reached a consent agreement with document storage provider Iron Mountain Incorporated (Iron Mountain) in respect of its proposed acquisition of Recall Holdings Limited (Recall). The remedy requires Iron Mountain to divest itself of Recall’s business in every Canadian city where the parties both have operations.​

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Tags: Competition & Antitrust
2016/3/28

The Supreme Court of Canada (SCC) recently granted AstraZeneca Canada Inc. et al. (AstraZeneca) leave to appeal from the Federal Court of Appeal’s decision upholding the invalidity of AstraZeneca’s Nexium patent. This appeal will address a number of critical questions in Canadian patent law, and the SCC’s rulings on these questions will provide some much-needed clarity. ​

Tags: Intellectual Property
2016/3/24

Finance Minister William Morneau tabled his first budget on March 22, 2016 (Budget). Several proposals in the Budget will be of interest to financial services clients, including proposals for a consumer protection framework for banks, an extended timeline for renewal of financial sector legislation, a bank recapitalization (“bail-in”) framework, increased housing sector oversight and legislative measures for federal credit unions. 

Tags: Financial Services Regulatory
2016/3/24

​On March 22, 2016, Finance Minister William Morneau tabled Canada’s 2016 Federal Budget. In this bulletin, we evaluate how the budget stacks up to the infrastructure promises Prime Minister Justin Trudeau made on the Liberal campaign trail. 

Tags: Infrastructure
2016/3/23

On March 22, 2016, the Minister of Finance tabled Canada’s 2016 Federal Budget. This was the first budget presented by the newly-elected Liberal government, which won a strong majority in the fall 2015 federal election after nearly nine years with the Conservative party in power. The Liberals were elected on a platform that included promises to provide tax cuts and other incentives to the middle class, to be paid for by a series of measures aimed at increasing the tax burden on the wealthiest Canadians. 

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Tags: Capital Markets, Corporate & Commercial, Financial Services, Intellectual Property, Pensions, Benefits & Executive Compensation, Tax
2016/3/23

​In its 2016 budget, the federal government announced a number of pensions matters, including with respect to the Pension Benefits Standards Act, the 30-per-cent rule, bilateral agreements, pension income splitting, the Canada Pension Plan, old age security and guaranteed income supplement. 

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Tags: Pensions, Benefits & Executive Compensation
2016/3/22

​Financial institutions from the European Economic Area are now subject to new requirements under Article 55 of the European Union (EU) Bank Recovery and Resolution Directive. Such financial institutions are required to include contractual terms recognizing the “bail-in” powers granted to European regulatory authorities in the event of a failing EU financial institution. 

Tags: Europe, Financial Services
2016/3/22

​The Office of the Superintendent of Financial Institutions, Canada’s federal regulator of financial institutions, recently issued Guideline E-22 – Margin Requirements for Non-Centrally Cleared Derivatives (Guideline). The Guideline requires the mandatory exchange of margin for certain derivatives transactions that are not submitted for clearing.

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Tags: Capital Markets, Structured Finance & Derivatives
2016/3/21

​Ontario’s Minister of Finance recently announced that the Ontario government will accept the 15 recommendations set out in a legislative review report to amend Ontario’s credit union legislation, The Credit Unions and Caisses Populaires Act, 1994.

Tags: Financial Services Regulatory
2016/3/18

The Ontario government has announced a consultation until April 29, 2016, relating to a proposed regulation change under the Pension Benefits Act (Ontario) that would permit a pension plan administrator to invest pension plan assets in more than 30 per cent of a corporation’s voting shares.

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Tags: Pensions, Benefits & Executive Compensation
2016/3/18

On March 4, 2016, Innovation, Science and Economic Development Canada published a consultation document soliciting input from stakeholders on the development of regulations that will support mandatory data breach reporting requirements under the Personal Information Protection and Electronic Documents Act

Tags: Anti-spam, Class Actions, Litigation & Dispute Resolution, Privacy
2016/3/18

​In its 2016-2017 budget (Budget) unveiled on March 17, 2016, Quebec’s Minister of Finance announced a series of measures that will significantly amend the system of duties applicable to transfers of immovables located in the province of Quebec. While the legislation underlying the amendments was not included in the Budget documents, the proposals will apply to transfers of immovables made after March 17, 2016.

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Tags: Commercial Real Estate, Tax
2016/3/18

On March 17, 2016, the Quebec government unveiled the 2016-2017 budget (Budget). The Government confirmed that it balanced the books for 2015–16 and anticipates maintaining a balanced budget for 2016–17. 

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Tags: Corporate & Commercial, Tax
2016/3/16

​On February 25, 2016, the Canadian Securities Administrators published final amendments to the rules governing early warning reporting in Canada. The final amendments are designed to provide greater transparency with respect to significant holdings of the securities of reporting issuers in a manner that is suitable for the Canadian capital markets.

Tags: Capital Markets, Mergers & Acquisitions
2016/3/15

The Supreme Court of Canada has granted leave to appeal in two cases concerning the ability of a regulatory tribunal to discharge the Crown’s duty to consult. 

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Tags: Aboriginal Law, Litigation & Dispute Resolution
2016/3/15

When engaging with the public sector, additional legal requirements and practical matters need to be considered, above and beyond the usual legal and commercial issues encountered in private transactions.

Tags: Government & Public Sector
2016/3/15

​Canada has a highly concentrated financial sector with six large Canadian domestic banks holding 93 per cent of all bank assets — one of the highest concentration levels in G7 countries, according to the International Monetary Fund. Perhaps because of this, there is a growing interest by foreign lenders to participate in the Canadian financial sector.

Tags: Financial Services Regulatory
2016/3/11

Ontario’s Environmental Review Tribunal has allowed another wind project Renewable Energy Approval appeal on the basis of environmental concerns. In doing so, it has made findings on the statutory test of “serious and irreversible harm to animal life or the natural environment” with respect to species at risk that could have significant impacts on future renewable energy projects.

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Tags: Energy, Environmental & Aboriginal Law, Power
2016/3/10

Nearly two years after passing the Water Sustainability Act, the province of British Columbia has quietly brought it into force through the registration of five new regulations. Together, these implement a new regime that expands the authority of the province to take action on water use, management and conservation.

Tags: Environmental & Aboriginal Law
2016/3/9

​Comments on the revised consultation draft of the provincial/territorial Capital Markets Act and the draft initial regulations (Consultation Drafts) for the proposed Cooperative Capital Markets Regulatory System (Cooperative System), to be administered by the new Capital Markets Authority, indicate that capital markets stakeholders continue to have major concerns about the adequacy of the consultation process, the interface between the jurisdictions that will be part of the Cooperative System and those that will not, and other provisions of the Consultation Drafts.

Tags: Capital Markets
2016/3/7

​On February 16, 2016, Quebec’s Energy and Natural Resource Minister, Pierre Arcand, tabled a green paper at the National Assembly, outlining five guidelines regarding social acceptability as it relates to the use of public lands and the development of natural resource projects in Quebec. 

Tags: Aboriginal Law, Corporate Governance, Environmental & Aboriginal Law, Infrastructure, Mining, Oil & Gas
2016/3/3

On February 29, 2016, the Ontario Superior Court of Justice released a decision in the ongoing insolvency proceeding of U. S. Steel Canada Inc. (USSC). Two principal issues were addressed by the Court. First, whether amounts advanced by United States Steel Corporation to USSC (its indirect wholly-owned subsidiary) were properly characterized as debt obligations or “equity claims” under the Companies’ Creditors Arrangement Act (Canada).

Tags: Litigation & Dispute Resolution, Restructuring & Insolvency
2016/3/1

The Supreme Court of Canada has granted leave to appeal from Equustek Solutions Inc. v. Google Inc., a decision that affirmed a global restraining order against Google Inc. and Google Canada Corporation, despite neither entity being physically located in Canada or being a party to the main action. 

Tags: Intellectual Property, Litigation & Dispute Resolution
2016/2/29

​On February 24, 2016, the Canadian Securities Administrators republished a revised Proposed National Instrument 94-101 Mandatory Central Counterparty Clearing of Derivatives and a proposed companion policy for a 90-day comment period. 

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Tags: Capital Markets, Financial Services Regulatory
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