Stay informed on the latest business and legal insights and events.
Updates
Climate Change Law Update: Recent North American Developments
June 23, 2008
Climate change
regulations and responses are changing rapidly across Canada and North America.
To keep you up to date on this quickly-evolving situation, we have compiled a
brief overview of the most significant recent developments. This update should
be read in conjunction with Bennett Jones' Key Federal & Provincial Actions
to Address Greenhouse Gas Emissions.
Remarks on Regional and Bilateral Trade Agreements
May 06, 2008
On May 6, 2008, Milos
Barutciski made a presentation to the 150th Meeting of the CD Trade Committee
in Paris. He participated in the event as a member of the Business and Industry
Advisory Committee of the CD. This update is a transcript of his
presentation.
Recent Developments in Environmental Law - April 2008
April 04, 2008
Amendments to the Government of Canada's Chemicals Management
Plan, approval of a waste diversion plan in Ontario and a decision in a judicial
review of the environmental assessment of the Kearl oil sands project are a few
of the recent developments in environmental law in
Canada.
BCE, Bondholders and the Oppression Remedy
March 11, 2008
On March 7, 2008, the Québec Superior Court approved BCE's Plan of Arrangement and declined to create new covenants not found in bondholders' trust indenture.
CSA Amends NI 51-101 Standards of Disclosure for Oil and Gas Activities
February 28, 2008
Recent amendments to National Instrument 51-101 Standards of
Disclosure for Oil and Gas Activities (NI 51-101) clarify or streamline various
provisions of NI 51-101, remove others that proved to be unnecessary or overly
burdensome and introduce new requirements where industry consultation or CSA
experience indicated that a need for new requirements existed.
Recent Developments in Securities Law
February 28, 2008
The Canadian Securities Administrators: (i) implemented amendments to National Instrument 51-102 Continuous Disclosure Obligations (NI 51-102); (ii) provided an update on the status of previously proposed amendments to the CEO/CFO certification requirements in Multilateral Instrument 52-109 Certification of Disclosure in Issuers' Annual and Interim Filings (MI 52-109); and (iii) announced the implementation dates for the new takeover bid regime and the new long form prospectus rule.
Tobacco Legislation Update
February 18, 2008
Since January 1, 2008, The Tobacco Reduction Act places additional limits on permitted locations for smoking in or around public places and workplaces. The Act applies to all public places, workplaces, and public vehicles in Alberta and provides for only limited exceptions.
Ready for Family Day in Ontario?
February 07, 2008
With Ontario's first Family Day on February 18, 2008,
employers must decide how they will deal with this new statutory
holiday and communicate their decision to employees and customers
alike. Family Day falls on the third Monday of every February and
is the ninth paid public holiday under the Employment Standards
Act, 2000 (ESA).
Recent Developments in Environmental Law - February 2008
February 05, 2008
A proposal for a fuel consumption regulation, the consideration
of a ban on the use of pesticides in Ontario and Alberta's new climate change
action plan are a few of the recent developments in environmental law in
Canada.
The Bennett Jones Business Forecast 2008
January 03, 2008
As the new year dawns, Bennett Jones looks ahead to the trends that
we believe will
influence business in Canada in 2008.
Automatic Share Disposition Plans
November 30, 2007
Insider trading rules and investor scrutiny of insider trading often make it difficult for insiders to buy or sell stock in their company. There is no formal safe harbour available in Canada, as there is under so-called 10b5-1 plans in the United States. But administrative practice allows for the establishment of similar pre-authorized trading programs, as long as specified program requirements are met and related disclosure questions are addressed. Published in the November/December 2007 issue of Lexpert magazine.
Canada: Key Federal & Provincial Actions to Address Greenhouse Gas Emissions
November 22, 2007
The federal government unveiled Turning the Corner: An Action
Plan to Reduce Greenhouse Gases and Air Pollution on April 26, 2007. The
legislative details of this action plan are contained in the government's
Regulatory Framework for Air Emissions, which outlines the actions that the
federal government intends to take to regulate greenhouse gases emissions and
air pollution.
Understanding Without Prejudice Communications
November 15, 2007
Although construction projects always begin with the best of intentions, disputes are often inevitable and sometimes result in litigation. When this happens, what was said between parties by letter, fax or e-mail is often critical in resolving the dispute. But some of these communications may be protected from disclosure in a lawsuit by legal privilege.
Emerging Issues in Corporate Governance - November 2007
November 12, 2007
Corporate governance remains a dynamic and evolving area of law
and practice. Over the past year, a number of issues have emerged that warrant
consideration by directors and management. In this second annual report, we
highlight three of the more significant emerging issues in corporate governance
in Canada.
Convicted of Fraud? Expect More than a Slap on the Wrist
November 01, 2007
In Canada, millions of dollars are lost each year as a result of well-planned, sophisticated fraudulent schemes. These "white-collar crimes" make for great headlines; stories of ordinary people defrauding their employers or others, and absconding with millions of dollars before being caught. In the past, as these stories faded from the headlines, so too did the prospect of obtaining justice through the criminal sentencing process.
Ontario Creates New Statutory Holiday - Family Day
November 01, 2007
One of the first acts
of the re-elected Liberal government in Ontario was to create a new statutory
holiday. Family Day falls on the third Monday of every February and is the ninth
paid public holiday under the Employment Standards Act,
2000.
Canadian Forms & Precedents: Commercial Transactions - Licensing
October 19, 2007
Roger T. Hughes, Martin P.J. Kratz & Gordon Sustrik, Q.C.,
Canadian Forms & Precedents: Commercial Transactions -
Licensing, looseleaf (Markham, On.: LexisNexis Canada, 2007).
Canadian Industry Minister Announces New Policy Direction in Foreign Investment Review
October 18, 2007
Canada's Industry Minister, The Hon. Jim Prentice, has provided new guidance with respect to the direction that the Government of Canada is taking in relation to foreign investment review more generally, and acquisitions by foreign state-owned enterprises in particular.
A Dangerous Intersection
October 15, 2007
Corporate counsel are being held responsible to an increasing
number of interested constituencies and for an ever-expanding list
of responsibilities. Published in the October 2007 issue of
Lexpert magazine as part of Barry Reiter's regular column.
Update on Canadian Environmental Law
October 15, 2007
Published in the ABA's October 2007 edition of International
Environmental Law Committee Newsletter, this article
highlights the recognition of the environment as one of the most
important issues in Canada and discusses climate change strategies
by federal, provincial and municipal governments. Reprinted with
the permission of the ABA's International Environmental Law
Committee.
Elimination of Canadian Withholding Tax on Certain Cross-Border Loans
October 09, 2007
With the signing of the Fifth Protocol to the Canada-U.S. Tax Treaty on September 21, 2007, the elimination of withholding tax on interest on certain cross-border loans, as announced in the March 2007 federal Budget, is expected to come into effect as early as March 1, 2008. This article addresses the impact of these proposed changes to cross-border financings.
New Protocol to Canada-U.S. Tax Treaty
October 09, 2007
On September 21, 2007, representatives from the governments of Canada and the United States signed the Fifth Protocol to the Canada-U.S. Tax Treaty. This article provides a general overview of some of the key changes introduced by the Protocol. For a more detailed review of these and other changes affecting cross-border financings, please read the companion article, Elimination of Canadian Withholding Tax on Certain Cross-Border Loans.
Bennett Jones