Determining country of origin From a customs perspective, determining the country of origin of imported goods are crucial for several reasons, including: determining whether imported goods are entitled to most-favoured-nation (MFN) or preferential tariff treatment; determining whether imported goods are subject to tariffs or safeguard measures (e.g., anti-dumping or countervailing…
With growing consumer demand for Canadian-made products, companies are choosing to make various forms of Canadian country of origin claims on products, e.g. “Product of Canada”, “Made in Canada” etc. (Canadian Product Claims). Companies should be aware that different laws and regulations1 may apply to Canadian Product Claims, and this…
The simmering trade war launched by the U.S., Canada’s closest trading partner, is pulling Canadian producers in different directions. On the one hand, Canadian businesses are concerned – and rightly so – that their exports to the U.S.–protected by bilateral and regional trade agreements for nearly forty years – may soon…
In two separate “national security” proclamations issued last week, the President of the United States “restored” tariffs on steel and aluminum that it had imposed on these same articles in 2018 and had suspended following agreements with the affected parties. One of those parties was Canada. One of those agreements…
The Protection of Public Participation Act, S.B.C. 2019, c. 3 (the PPPA) creates a pre-trial procedure that allows a defendant to apply to the court for an order dismissing a proceeding that arises out of an expression on matters of public interest. But what happens when the proceeding deals with…
The recent prorogation of Parliament is unfortunate on many levels, most notably for extending by some months the period of time that many government initiatives remain in limbo. The business community is used to managing risks, but some are more avoidable than others. In these particularly trying times, the last…
The Trump Administration’s decision surrounding the potential imposition of new tariffs in the near future has introduced significant uncertainty for Canadian businesses, employees and trade unions alike. While much of the focus has been on trade and economic policy, these measures also have critical implications for employment and labour law…
A review of Canadian iGaming developments in 2024 and what’s to come in 2025. What you need to know All eyes on Alberta. While optimism around the timing surrounding a potential 2025 launch of a regulated online gaming market in Alberta has been tempered, efforts remain underway to create a…
In 2018, the first Trump Administration imposed tariffs – on purportedly national security grounds - on all imports of steel and aluminum, including from Mexico and Canada, its trading partners since 1994 in the North American Free Trade Agreement.1 In 2019, Canada and Mexico agreed to renegotiate the NAFTA. The…
What to know Building capacity for renewable energy projects is a key priority for the current British Columbia government and they have recently announced that they will introduce new legislation for renewable energy projects in the spring of 2025. If passed, the legislation will expand the authority of the British…
February has brought about a dynamic and evolving situation surrounding the threat of tariffs impacting several key sectors, including the automotive industry. From the 30 day “pause” of 25 percent tariffs on Canada and Mexico to the recent imposition of 25 percent tariff on steel and aluminum, with a “no…
AI arms races. The Stargate Project. Billions of dollars of investment. Current headlines about artificial intelligence read like science fiction. But these rapid technological developments (along with significant amounts of hype) are very real, and can be anxiety-inducing for lawyers and in-house counsel trying to understand how AI — and…
Late in December, the Canadian Investment Regulatory Organization (CIRO) proposed the first set of changes to its continuing education (CE) programs. In Phase 1 of the changes, CIRO has focused on proposed rule amendments determined to have minimal impact on firms and their approved persons. These changes are proposed for…
In response to increasing criticism in connection with capital gains tax increases announced in Federal Budget 2024 (effective Jun. 25, 2024), but never enacted into law, the Federal Government announced today that it is deferring the date on which the capital gains inclusion rate would increase to Jan. 1, 2026…
The Alberta Securities Commission (ASC) has granted exemptive relief to permit a family office to act as a dealer, adviser and investment fund manager for the family office and family members in an order granted to Paragon Capital Corp. Inc. (Paragon) in September 2024. Prior to the decision, an affiliate…
The recent Court of Appeal decision in Conifer Energy Inc v Razor Energy Corp., 2025 ABCA 14, has brought to light important issues surrounding contractual obligations, insolvency law, and the operational complexities of the oil and gas industry. Here’s a breakdown of certain key developments and the legal ramifications that…
On July 18, 2024, grievance arbitrator Mtre Francine Lamy rendered a decision in Syndicat des employés et des employées de la Commission des droits de la personne et des droits de la jeunesse (SECDPDJ-CSN) et Commission des droits de la personne et des droits de la jeunesse (CDPDJ) regarding the…
Amid a flurry of activity over the past several days, the U.S. and Canada have tentatively reached an agreement to delay the implementation of tariffs for at least 30 days. The looming U.S. tariffs, and Canada’s intended retaliatory tariffs, telegraph a turbulent time ahead for the Canadian construction industry. The…
On June 6, 2024, Bill 171, the Enhancing Professional Care for Animals Act, 2024, came into law in Ontario. This bill introduces the Veterinary Professionals Act, 2024, a law designed to replace and modernize Ontario’s existing Veterinarians Act. The new act includes several provisions impacting the veterinary community, and while…
The activities of foreign banks in Canada are regulated and restricted by the Bank Act (Canada) (the Bank Act). The Bank Act does not prevent foreign banks from carrying on any business activity in Canada: rather, the Bank Act restricts how such business activity takes place. Constitution 101 A historical…
As we move through 2025, Canada’s trade landscape remains volatile. Despite a brief reprieve following discussions between Prime Minister Trudeau and President Trump, the threat of renewed tariffs continues to loom over corporate Canada. While diplomatic efforts have provided temporary relief, businesses must stay proactive—policy shifts in the coming weeks…
The Supreme Court of Canada (SCC) is set to revisit the definition of “material change” this year. The SCC’s decision in the appeal in Lundin Mining Corporation, et al. v. Dov Markowich (Lundin Mining), heard on January 15, 2025, could have significant consequences for reporting issuers and the broader Canadian…
This article summarizes the Ontario Security Commission’s guidance on best practices for crypto asset trading platforms to ensure compliance with know-your-client, account appropriateness assessment, and client limit requirements. On December 10, 2024, the Ontario Securities Commission (OSC) released OSC Staff Notice 33-757, arising from a review of six registered crypto…
In the recent decision of Husky Oil Operations Limited v Technip Stone & Webster Process Technology Inc., 2024 ABCA 369, the Court of Appeal of Alberta cautioned against the enforcement of arbitration provisions on third-party beneficiaries to contracts. The Court declined to pronounce whether such enforcement was possible at all,…
I. Background In December of last year, the Alberta legislature passed a major overhaul of Alberta’s access and privacy legislation. Upon proclamation, Bill 33 and Bill 34 will split the Freedom of Information and Protection of Privacy Act (FOIP Act) into the new Access to Information Act (AIA)1 and Protection…
The deadline for meeting reporting requirements of the Notice with respect to certain per- and polyfluoroalkyl substances issued by Environment Canada and Climate Change (ECCC) is Jan. 29, 2025 (the Notice). The reporting obligations and other details about the Notice can be found in our other article found here. With…
On Dec. 16, 2024, the Government of Canada released its long-awaited 2024 Fall Economic Statement. The Statement reaffirmed the Government’s commitment to combatting modern slavery in global supply chains, currently given effect by the existing import ban on goods made with forced or child labour and the mandatory supply chain…
Case Summary - Québec (Attorney General) v. Pekuakamiulnuatsh Takuhikan, 2024 SCC 39 In Québec (Attorney General) v. Pekuakamiulnuatsh Takuhikan (Pekuakamiulnuatsh), the Supreme Court of Canada (SCC) ruled that Québec’s refusal to renegotiate funding terms violated the principles of good faith and the honour of the Crown. The SCC ordered Québec…
Introduction The Liberal government’s Fall Economic Statement arrived last month in the midst of an increasingly uncertain political landscape. Among its many offerings, in the trade sphere, the Statement presents a commitment to use the full range of Canada’s “toolkit” to protect its economic security against unfair conduct from trading…
Following an initial round of consultation held during the summer of 2024, the Competition Bureau (the Bureau) has published its proposed guidelines (the Proposed Guidelines) concerning environmental claims. The Bureau has launched a public consultation to solicit feedback from Canadians on the Proposed Guidelines – the deadline is February 28, 2025. The Proposed…
The number of women on TSX-listed issuers’ boards of directors has increased steadily from 11 per cent to 29 per cent in the last ten years. However, Canadian public companies have yet to collectively cross the widely touted target of having 30 per cent of women on boards. Considering recent…
Context Reports out of Washington indicate that the United States is poised to impose “universal” tariffs (that is, tariffs on imports from all its trading partners) on health care and other “critical” goods on the basis of “national security”. This would or could – the situation remains “fluid/uncertain”, as reported…
On Nov. 28, 2024, the Canadian Nuclear Waste Management Organization (NWMO) announced that the Wabigoon Lake Ojibway Nation (WLON) and the township of Ignace in the province of Ontario were selected as host communities for a repository to be constructed on Revell Lake. The NWMO began its search in 2010 and initially…
Through the publication of CSA Staff Notice and Consultation 11-348 Applicability of Canadian Securities Laws and the Use of Artificial Intelligence Systems in Capital Markets (the AI Staff Notice), the Canadian Securities Administrators (CSA) have put registered firms on notice that using AI in virtually any fashion may trigger additional…
Introduction On Jan. 10, 2025, the federal Minister of Health released long-awaited guidance on the delivery of insured health care services pursuant to the Canada Health Act (the CHA). The Honourable Mark Holland, Federal Minister of Health (the Minister), issued a letter clarifying the Government’s position that patients should not…
On Dec. 19, 2024, the Office of the Alberta Superintendent of Insurance published a revised version of Interpretation Bulletin No. 05-2024 (the Superintendent’s Revised Bulletin) setting out the Superintendent’s position with respect to products commonly marketed by automobile dealerships in conjunction with the sale of motor vehicles. The original Bulletin published…
On December 12, 2024, the Ontario government launched a consultation for the regulations (the Consultation) under Ontario’s new consumer protection legislation. On December 6, 2023, the new Consumer Protection Act, 2023 (the New CPA) received Royal Assent as part of the Bill 142, the Better for Consumers, Better for Businesses…
Introduction On Dec. 18, 2024, the finalized Clean Energy Regulations (the Regulation) were published in the Canada Gazette, Part II. Aligning with the release of the final version of the Regulation, the Government of Canada published Powering Canada’s Future: A Clean Electricity Strategy (the Electricity Strategy) on Dec. 17, 2024,…
The evolving landscape of state immunity in award-enforcement proceedings in Canada The rise of investor-state disputes, which has taken place globally over the last two decades, has led to a growing number of recognition and enforcement proceedings of foreign arbitral awards before Canadian courts by award creditors seeking to execute…
Investment Management Division Report On Nov. 5, 2024, the Ontario Securities Commission (OSC) published OSC Staff Notice 81-736 (the Staff Notice), summarizing the activities and regulatory focus of the OSC’s Investment Management Division (IM Division), formerly known as the Investment Funds and Structured Products Branch, for the fiscal year ended…