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Jared A. Mackey

Corporate Tax Lawyer at Bennett Jones Calgary

Partner

Anu Nijhawan

M&A, Corporate Financing and International Tax Lawyer at Bennett Jones Calgary

When Canadian multinationals issue discounted bonds, notes and similar obligations in a foreign currency, the tax consequences of repaying the debt are governed by subsections 39(2) and paragraph 20(1)(f) of the Income Tax Act (Canada). <a href="/People/M/Mackey-Jared">Jared Mackey</a> and <a href="/People/N/Nijhawan-Anu">Anu Nijhawan</a> explore the application and interaction of these provisions, which can give rise to unexpected results.

Tax Considerations on the Repayment of Discounted Foreign Currency Obligations

Hennadiy Kutsenko

Tax Lawyer at Bennett Jones Toronto

Associate

Incentivizing employees is a critical component of most business strategies. Employers may implement arrangements for deferred cash bonuses, often subject to the satisfaction of certain criteria. From a tax perspective, the efficacy of any such arrangement requires that no tax be payable prior to the time an individual receives a cash payout. To ensure that result, it is critical to avoid the application of the "salary deferral arrangement" rules under the Income Tax Act (Canada).

Incentivizing Employees Avoiding a Salary Deferral Arrangement

Incentivizing Employees: Avoiding a Salary Deferral Arrangement

Retirement compensation arrangements (RCAs) are, in appropriate circumstances, a useful tool for employers to provide supplemental pension benefits to employees, but such arrangements come at a cost of refundable tax under the Income Tax Act (Canada) (the ITA). The <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.budget.canada.ca/2023/home-accueil-en.html" target="_blank">2023 Federal Budget</a> (the Budget), released on March 29, 2023 (Budget Day), proposes to amend the ITA to exempt, from the refundable tax, fees or premiums to the extent paid for the purposes of securing or renewing a letter of credit or a surety bond for an RCA structured as supplement to a registered pension plan.

Supplemental Pension Plans Secured with Letter of Credit Budget Proposes Refundable Tax Relief

Supplemental Pension Plans Secured with a Letter of Credit—Federal Budget 2023 Proposes Refundable Tax Relief

The Canadian Tax Foundation's newsletter Perspectives on Tax Law and Policy (June 2022) features an article by Anu Nijhawan and Jared Mackey on <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.ctf.ca/CTFWEB/EN/Newsletters/Perspectives/2022/2/220205.aspx?_zs=J83WL1&_zl=IuCI2" target="_blank">Reimagining the Determination of Tax Avoidance</a>.

Canadian Tax Foundation Reimagining the Determination of Tax Avoidance

Canadian Tax Foundation: Reimagining the Determination of Tax Avoidance

Andrew Bozzato

Corporate, M&A, Securities Lawyer at Bennett Jones Toronto

Simon Grant

Banking & Finance Lawyer, Fintech Lawyer at Bennett Jones Toronto

Partner 

Matthew Flynn

Technology Transaction Lawyer at Bennett Jones Toronto

Canada's federal budget was released on November 4, 2025 and included some much-anticipated news for fintech. In this latest edition of our Fintech in Canada quarterly update, we look at the key announcements in Budget 2025 for the sector, including the unleashing of stablecoins, fintech-focused changes to financial legislation and momentum for open banking and how fintechs can navigate the evolving landscape.&nbsp;

Fintech in Canada Q3 2025

Ahmed Elmallah

Intellectual Property Lawyer at Bennett Jones Edmonton

Counsel, Patent Agent, Trademark Agent

Lorelei Graham

Food and Agribusiness Lawyer, IP Lawyer, Litigation Lawyer at Bennett Jones Toronto

Edward (Ted) Yoo

Intellectual Property Lawyer and Canada/US Patent and Trademark Agent at Bennett Jones Edmonton

Partner, Patent Agent, Trademark Agent

Recent disputes involving xAI, OpenAI and a former engineer highlight how quickly job transitions can escalate into trade-secret and IP risks. This article explains why every business needs a clear confidential information and intellectual property (CI&amp;IP) governance policy&mdash;and how such policies help prevent disputes, protect proprietary assets and ensure compliance with third-party obligations.

Why Every Business and StartUp Needs an Employee Governance Policy

X.AI Corp. v. OpenAI—Why Every Business (and Start-Up) Needs an Employee Governance Policy for Managing Confidential Business Information and IP Risk

Martin Ignasiak KC

Regulatory Lawyer at Bennett Jones Calgary

Ashley M. White

Corporate, Commercial Transactions, Power & Energy Lawyer at Bennett Jones Calgary

Jessica Kennedy

Budget 2025 sets out Canada&rsquo;s Climate Competitiveness Strategy, reaffirming goals to attract clean investment, strengthen carbon pricing systems and position the country as an emerging energy superpower. The Strategy details updates to emissions regulations, clean technology tax credits, critical mineral programs and major project approvals, offering new signals for investors and industry.

Canadas Budget 2025 Canadas Climate Competitiveness Strategy

Canada's Budget 2025: Canada's Climate Competitiveness Strategy

J. Sébastien A. Gittens

Intellectual Property and Technology Commercialization Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

AI is rapidly integrating into enterprise workflows, yet vendor agreements often lag behind in safeguarding organizational risk. This article highlights the hidden hazards in standard AI terms and conditions, including data usage, IP ownership, liability limits and regulatory compliance gaps and outlines strategies to strengthen contractual oversight.

The Hidden Hazards of Vendor AI Terms and Conditions

"We signed what?!": The Hidden Hazards of Vendor AI Terms and Conditions

Luke Morrison

Energy Project Development, M&A, and Commercial Transaction Lawyer at Bennett Jones Calgary

Pamela Clark

Lawyer at Bennett Jones Calgary 

Associate 

The federal government has released a second wave of major projects recommended for expedited review by the Major Projects Office, with a focused shift toward critical minerals and energy development. The list includes strategic clean power, LNG, nickel, graphite, tungsten, and hydro initiatives across multiple provinces and territories. While the anticipated Alberta&ndash;BC pipeline was not included, the selected projects underscore Canada&rsquo;s intent to strengthen energy security, support Indigenous-led development, and accelerate investment in key resource sectors.

Second Wave of Fast Tracked Projects Unveiled including Critical Minerals and Energy Projects

Second Wave of Fast-Tracked Projects Unveiled including Critical Minerals and Energy Projects

Anti-Avoidance Measures of General Nature and Scope, GAAR, and Other Rules

From the Same Authors