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Jared A. Mackey

Corporate Tax Lawyer at Bennett Jones Calgary

Partner

Marshall R. Haughey

Subparagraph 20(1)(c)(ii) provides for the deduction of interest on amounts payable for property acquired to produce income from that property or from a business. Although the provision is relied upon frequently, there is limited guidance on its application in many common commercial scenarios, including asset acquisitions, intercompany financings, refinancings, and corporate reorganizations.&nbsp;

Jared Mackey and Marshall Haughey Examine the Limits of Interest Deductibility

Jared Mackey and Marshall Haughey Examine the Limits of Interest Deductibility under Subparagraph 20(1)(c)(ii)

Wesley R. Novotny

Wade Ritchie

Tax Lawyer at Bennett Jones Calgary

Associate

The Canadian Department of Finance introduced draft legislation in the <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.budget.canada.ca/2023/home-accueil-en.html" target="_blank">2023 Canadian Federal Budget</a> (Budget 2023) to create employee ownership trusts (EOTs) to facilitate the transfer of a business to the employees of the business. We provided an overview of the rules initially proposed in Budget 2023 in <a href="https://www.bennettjones.com/Blogs-Section/Employee-Ownership-Trusts-A-Useful-Tool-for-Employee-Business-Ownership">Employee Ownership Trusts—A Useful Tool for Employee Business Ownership?</a>, and recommended various revisions to the proposed rules to improve the tax incentives and ease some of the conditions required to qualify for EOT treatment. The Department of Finance released <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.canada.ca/en/department-finance/news/2023/08/government-consults-canadians-on-budget-2023-measures-to-grow-the-clean-economy-close-tax-loopholes-and-deliver-tax-relief-for-canadians.html" target="_blank">revised EOT legislation on August 4, 2023</a>, addressing some of our concerns but not the big one—the revised EOT legislation still contained minimal tax incentives.

Employee Ownership Trusts Improved Tax Incentives Announced

Employee Ownership Trusts—Improved Tax Incentives Announced

Ted M. Shoub

Corporate & Commercial Lawyer | M&A, Governance & Ventures

There is a growing international movement to increase employee ownership of businesses. Some jurisdictions such as the United Kingdom and the United States have developed tax rules and incentives to facilitate business ownership by trusts created for the benefit of a business's employees.

Employee Ownership Trusts A Useful Tool for Employee Business Ownership

Employee Ownership Trusts—A Useful Tool for Employee Business Ownership?

Marshall Haughey and Wade Ritchie write in Canadian Tax Focus on "Correcting Tax Mistakes: Rescission Reborn".

Marshall Haughey and Wade Ritchie in Canadian Tax Focus

J. Sébastien A. Gittens

Technology Lawyer & Trademark Agent

Tech & Data, National Practice Group Leader 

Suzie Suliman

Commercial Transactions Lawyer at Bennett Jones Toronto

Associate, Trademark Agent

Kees de Ridder

Technology, IP & Privacy Lawyer | Patents, Licensing & Cyber

Partner, Patent Agent, Trademark Agent

The Office of the Privacy Commissioner of Canada has released draft guidance outlining best practices for organizations to assess the privacy practices of third-party service providers under PIPEDA. The guidance emphasizes that privacy due diligence is an ongoing accountability obligation, with particular attention to data flows, AI and training data, security, subcontractors, international transfers and data retention.

OPC Issues New PIPEDA Guidance on Assessing Third-Party Service Providers

Ashley M. White

Corporate & Commercial Transactions Lawyer | Power & Energy

Martin Ignasiak KC

Energy & Industrial Projects Lawyer

Head of Energy Regulatory

Nathan Murray

Energy Regulatory, Environmental & Administrative Lawyer

Canada has amended the Physical Activities Regulations to remove certain intraprovincial energy projects and Canada Energy Regulator-regulated facilities from the federal Impact Assessment Act Project List. The changes are intended to reduce regulatory duplication, timelines and costs while providing greater certainty for proponents, while other federal environmental and emissions requirements remain applicable.

Government of Canada Reduces the Scope of the Project List under the Impact Assessment

Government of Canada Reduces the Scope of the Project List under the Impact Assessment Act

Jessica Kennedy

Regulatory Lawyer at Bennett Jones Calgary

Jennifer (Jenn) K. Choi

Commercial Litigation Lawyer at Bennett Jones Vancouver

On July 15, 2026, British Columbia and Simpcw First Nation entered into a consent-based decision-making agreement under the Declaration on the Rights of Indigenous Peoples Act (DRIPA) for the environmental assessment of the Yellowhead Copper Project. The Agreement requires Simpcw consent for the project to proceed and establishes a framework for parallel provincial and Indigenous environmental assessments. Its potential application to future mining projects in Simpcw&rsquo;s traditional territory highlights the evolving role of Indigenous consent in major resource development projects in British Columbia.

BC Signs DRIPA Consent Agreement Requiring Simpcw Consent for Yellowhead Copper Project

BC Signs DRIPA Agreement Requiring Simpcw Consent for Yellowhead Copper Project

Katherine Booth

Litigation Lawyer at Bennett Jones Vancouver

The BC Court of Appeal in Cleaver v. The Cadillac Fairview Corporation Limited upheld the refusal to certify a privacy class action, finding no basis in fact for the claim&rsquo;s central allegation. The decision reinforces the courts&rsquo; gatekeeping role at certification and the importance of evidentiary support for the core allegations underlying a proposed class proceeding.

BC Court of Appeal No basis in fact no class action

BC Court of Appeal: No Basis in Fact = No Class Action 

Michael C. Smith

Litigation Lawyer at Bennett Jones Toronto

George W. H. Reid

International Trade, Investment and Public Procurement Lawyer at Bennett Jones Toronto

The Government of Canada has published a new Notice concerning the rules and procedures governing the administration of the quota for imports of electric vehicles from the People's Republic of China for the second period of Quota Year 1 (September 1, 2026 to February 28, 2027). The Notice, issued by Global Affairs Canada under the Export and Import Permits Act, confirms that the second allocation period will continue to operate similar to the first allocation period.&nbsp;

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