Out of the Weeds: What You Need to Know About the Cannabis Act as an Employer

August 8, 2018

On June 20, 2018, the Government of Canada passed Bill C-45, the Cannabis Act, which will, among other things, legalize the recreational use of cannabis. The Cannabis Act will come into force on October 17, 2018. Employers must be aware of the implications that the legalization of recreational cannabis may have on its workplace and be ready to act proactively.

The Lesser of Two Evils and the Three Hour Rule: An Overview of Employer Obligations on Election Day in Ontario

June 4, 2018

While many employers eagerly await the outcome of the Ontario general provincial election on Thursday June 7, 2018 and its potential ramifications for their businesses, employers in Ontario should be aware of the obligations owed to their employees under Ontario's Election Act, R.S.O. 1990, c. E.6.

Backtrack on Bill 148: Changes to Calculating Public Holiday Pay for Employers in Ontario

May 17, 2018

On May 7, 2018, the Ontario government announced that the Ontario Ministry of Labour will conduct a review of the public holiday system under Part X of the Employment Standards Act, 2000 following feedback and discussions with stakeholders about the changes pursuant to Bill 148.

Is Your RAQ Ready? 2018 Risk Assessment Questionnaire (RAQ) Due Dates Are Coming Up

May 11, 2018

The Ontario Securities Commission (OSC) conducts examinations of registrant firms with respect to their compliance with regulatory requirements.  The OSC gathers information about each firm including as to their business operations, practices and procedures through risk assessment questionnaires (RAQs).  The completed RAQs (together with other data) are used by OSC staff to assign a risk rating to the firm and this risk rating is a factor in selection of registrants for review.  Registrants are sometimes caught off guard when they receive the RAQ and find themselves scrambling at the last minute to have the questionnaire completed.  Please be reminded that the deadlines for submission are approaching.

Powers of Outgoing Municipal Councils in an Election Year – Reminder

March 19, 2018

As you know, regular municipal elections are to be held on the fourth Monday in October. This year's municipal election will take place on Monday, October 22, 2018. Nomination papers are to be filed from Tuesday, May 1, 2018 up until 2:00 p.m. on Friday, July 27, 2018. In this connection, we want to remind you that ‘outgoing' municipal councils may have limited powers during the election period, starting from the nomination day (July 27, 2018).

Proposed Regulations and Distribution of Recreational Cannabis in Canadian Provinces and Territories

March 5, 2018

On April 13, 2017, the Federal Government introduced Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (the "Act"). Once passed, the Act will establish a national framework for the governance and strict regulation of recreational cannabis in Canada. Under the proposed Act, the Federal Government will be responsible for overseeing the regulatory framework governing the licensed cultivation, production and manufacturing of cannabis and setting industry-wide standards with respect thereto, whereas the provinces and territories will be responsible for regulating the distribution and sale of recreational cannabis within their own jurisdictions.

New Investment Powers: Prudent Investor Standard and Legal List Amendments

March 1, 2018

Heather Douglas provides a full analysis of Ontario's recently released Prudent Investor Regulations.

WeirFoulds Securities Law Review

December 7, 2017 | download

Our coverage is succinct and targeted to serve the needs of issuers and their advisors. For more detailed information on our service offerings, please visit us online at weirfoulds.com.

Recent developments include:

  • TSX releases guidance with respect to majority voting policies and advance notice policies
  • Impact of the 2016 changes to the Canadian take-over bid regime
  • OSC draws the line on private placements during proxy contests in the Eco Oro decision
  • Securities Commission staff raise the bar for conflict transactions
  • Exempt market dealers banned from prospectus offerings

Race to "get a foot in the door" of the recreational cannabis industry raises potentially legal issues

November 30, 2017

Canadian cannabis producers are in a race to increase their size and gain capital ahead of Canada's planned recreational cannabis legalization in July 2018. The recent dueling takeover bids involving a trio of domestic cannabis companies is proof of the jockeying that is currently going on in the industry.

Government Backtracks on Anti-Surplus Stripping Proposals, and Looks to Develop Alternative Proposals

October 19, 2017

Happily, on October 19, 2017, the Federal Government announced it is not proceeding with yet another measure in its July 18 proposals (summarized here) – this time, the anti-surplus stripping proposals. Earlier in the week, the Government announced that it will (i) simplify the income sprinkling proposals and not proceed with proposed measures to limit access to the Lifetime Capital Gains Exemption (summarized here) and (ii) add a safe harbour for the proposals impacting the taxation of passive income in a private corporation (summarized here).

Proposed Tax Measures to Limit Deferral Benefits of Acquiring Passive Investments in Private Corporations

October 18, 2017 | download

On October 18, 2017, the Federal Government announced its intention to introduce measures to limit the deferral advantage associated with a private corporation using active business income to make passive investments (the "Announcement").  To see our prior Client Alert concerning the Government's announcements earlier in the week, click here.

Government Backtracks on Certain Income Tax Proposals Impacting Private Corporations and their Shareholders

October 16, 2017

On October 16, 2017, the Federal Government announced its intention to lower the small business tax rate from 10.5% to 10 per cent, effective January 1, 2018, and to 9 per cent, effective January 1, 2019. It also announced it will "simplify" the proposed dividend sprinkling rules and that they will not be moving forward with proposed measures to limit access to the Lifetime Capital Gains Exemption(the "Announcement"). See our prior Client Alert for a summary of the original proposals.

Beware: Proposed Tax Changes May Require you to Act Now

September 29, 2017

In a prior Client Alert, we summarized tax proposals released on July 18th, 2017 that will, if enacted as proposed, significantly change the tax rules for private corporations and their shareholders.  In some cases, it may be appropriate (or at least not unwise) to wait to see the final form of proposals before taking action.  However, there are two scenarios we would like to draw to your attention where you should consider acting now.

Canada's Anti-Spam Law Update: Private Right of Action Suspended

June 8, 2017

A private right of action under Canada's Anti-Spam Law (CASL) was scheduled to become law on July 1, 2017 (see recent WeirFoulds Newsletter, Canada's Anti-Spam Law has New Teeth on July 1, 2017). CASL generally provides that commercial electronic messages cannot be sent by organizations unless express or implied consent exists. Under the private right of action, organizations who breach CASL would be exposed to lawsuits for statutory damages equal to $200 for each breach to a maximum of $1,000,000 for each day of breach regardless of the amount of actual damages suffered.

Protecting Patients Act, 2017 passed by the Government

June 1, 2017

On May 30, 2017, Bill 87, Protecting Patients Act, 2017 (the Act), was passed by the government. The Act amends the Regulated Health Professions Act, 1991 (the RHPA) and five other health-related Acts. The Act addresses a number of the recommendations of the Task Force (Task Force) of the Minister of Health and Long-Term Care (the Minister) on the Prevention of Sexual Abuse of Patients and the Regulated Health Professions Act, 1991.

Estate Alert - Proposed Amendments to Ontario Legislation in Respect of Parental Recognition

February 11, 2016 | download

Bill 137 - An Act to amend the Children's Law Reform Act, the Vital Statistics Act and other Acts with respect to parental recognition, which is also known as Cy and Ruby's Act (Parental Recognition), 2015 - proposes a number of amendments to the statutes dealing with parental recognition.

Ten ways to protect your confidential information

December 27, 2013

In today's business world, confidential information such as customer lists, proprietary technology, pricing information, and marketing plans are critical business assets that can be compromised if not handled properly.

A prime area of exposure is departing employees who choose to work for a competitor. Risk also exists when confidential information is disclosed in order to negotiate a business deal, but the negotiation falls apart.