The return of the steel tariffs

  • Post category:BLG law firm
  • Reading time:9 mins read

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…

Diving deeper into the PPPA: Reynolds v Deep Water Recovery Ltd.

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  • Reading time:9 mins read

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…

A tax to-do list for Canada’s next government

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  • Reading time:10 mins read

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 U.S. tariff effect: A multi-part analysis of the impact on Canadian employers

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  • Reading time:7 mins read

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…

iGaming in Canada: 2024 deals a strong hand and a few wildcards for 2025

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  • Reading time:14 mins read

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…

EU-Mexico’s new trade deal: What about a trilateral trade tango with Canada?

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  • Reading time:10 mins read

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…

Regulation of renewable energy projects in B.C.: Streamlined approval processes for project development

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  • Reading time:4 mins read

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…

The evolving tariff threat: The impact on the automotive industry

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  • Reading time:4 mins read

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…

Fear not the black box: How responsible AI adoption can drive innovation and productivity

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  • Reading time:7 mins read

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…

Staying comfortable and current: CIRO continuing education rule proposals

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  • Reading time:4 mins read

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…

Government of Canada announces deferral in implementing increase to capital gains inclusion rate to Jan. 1, 2026

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  • Reading time:3 mins read

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…

ASC grants novel exemptive relief to permit a family office to act as dealer, adviser and investment fund manager

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  • Reading time:4 mins read

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…

out-of-gas-how-the-conifer-razor-dispute-became-moot

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  • Reading time:5 mins read

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…

Top considerations for construction contracts in light of U.S. tariffs

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  • Reading time:9 mins read

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…

Veterinary Professionals Act: Modernizing veterinary law

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  • Reading time:4 mins read

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…

Banks in Canada: A primer

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  • Reading time:7 mins read

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…

Thriving amid tariff shifts: Preparing for the Trump administration

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  • Reading time:3 mins read

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…

To disclose, or not to disclose, that is the question

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  • Reading time:7 mins read

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…

Best practices from the Ontario Securities Commission: Crypto asset trading platforms

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  • Reading time:6 mins read

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…

Alberta Court of Appeal curtails enforcement of arbitration clauses on third-party beneficiaries

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  • Reading time:5 mins read

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,…

Alberta overhauls its public sector access and privacy regime

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  • Reading time:9 mins read

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…

Canada’s mandatory PFAS reporting deadline: Be cautious relying on prior compliance

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  • Reading time:3 mins read

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…

Mandatory supply chain due diligence: Canada pledges sweeping reforms to forced labour and child labour laws

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  • Reading time:5 mins read

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…

SCC clarifies how the honour of the Crown affects (re)negotiation of “reconciliation-based” agreements with Indigenous groups

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  • Reading time:15 mins read

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…

A tariff-ying new world: Unpacking Canada’s latest tariff policies

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  • Reading time:5 mins read

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…

New proposed guidelines regarding environmental claims – Canada’s Competition Bureau holds a public consultation

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  • Reading time:4 mins read

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…

Unfinished business: A decade of data on women in Canadian corporate leadership

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  • Reading time:10 mins read

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…

The EU-Mercosur Free Trade Agreement: Is it time to revive talks on a Canada-Mercosur Agreement?

  • Post category:BLG law firm
  • Reading time:12 mins read

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…

Canada’s first deep geological repository site is selected

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  • Reading time:6 mins read

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…

Firms that use AI systems for any purpose: It’s time to make a to-do list

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  • Reading time:8 mins read

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…

New interpretation of the Canada Health Act

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  • Reading time:7 mins read

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…

Steer clear of non-compliance: Alberta’s new restricted insurance licence for dealership programs

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  • Reading time:9 mins read

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…

Ontario’s new Consumer Protection Act: Proposed measures

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  • Reading time:12 mins read

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…

Canada’s new Clean Electricity Regulations

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  • Reading time:13 mins read

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,…

Court of Appeal declares that India is not immune from the Devas investors’ enforcement efforts and reinstates IATA seizure

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  • Reading time:14 mins read

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…

OSC’s Investment Management Division Report focused on AI, crypto and ESG

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  • Reading time:8 mins read

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…

Trade impacts of Canada’s leadership in reducing emissions: Federal standing committee presentation

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  • Reading time:7 mins read

BLG senior counsel, Rambod Behboodi, was invited to appear before the House of Commons Standing Committee on International Trade on Dec. 9, 2024, to share his thoughts on the potential trade impact of Canada’s leadership in reducing greenhouse gas emissions. The following is his presentation, with French sections translated into…

Patent term adjustment in Canada: More of a unicorn than a safety net

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  • Reading time:6 mins read

The legislation to implement Canada’s new system of Patent Term Adjustment (PTA) has been registered with the Privy Counsel and has published. The system will come into effect on January 1, 2025. Canada is required to implement PTA in 2025 to offset administrative delay in granting patents under the terms…

Failure to launch: CIPO’s modernization efforts cause patent delays

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  • Reading time:3 mins read

On July 17, the Canadian Intellectual Property Office (CIPO) launched the new MyCIPO Patents online portal for filing, tracking, and managing patents files, as part of their modernization effort and alignment with the World Intellectual Property Office’s ST.27 standard for the Exchange of Patent Legal Status Data. Significant problems began…