Canada in Focus

Legal insights for doing business in Canada

When business competitors negotiate a potential merger or acquisition (large or small), they need to bear in mind the Competition Act (Canada).  These rules are often overlooked.  Certainly it is critical to use a binding non-disclosure agreement that limits the purposes for which the information can be used.  Before entering into negotiations, however, businesses should also consider introducing a shared set of guidelines for their conduct. What is gun-jumping? “Gun-jumping” refers to unlawful coordination between…
The Privacy Commissioners of Canada, Alberta and British Columbia have jointly issued guidelines aimed at assisting organizations to obtain meaningful consent from individuals for the collection, use and disclosure of their personal information. The Guidelines came into effect in January 2019 and are now applied by the Commissioners when evaluating organizational conduct. They set out seven guiding principles for meaningful consent: Emphasize key elements (i.e. what personal information is being collected, how it will be…
Earlier this month, the Alberta government announced new measures designed to temporarily reduce crude oil and bitumen production in the province, in order to deal with a historically high differential between Alberta oil and bitumen prices, and broader North American prices. An initial curtailment of 8.7% has been announced for January 1, 2019, with expected adjustments to be announced as 2019 progresses and inventories are cleared. To implement the curtailment, the Lieutenant Governor in Council…
On December 6, 2018 the Ontario Conservative Government introduced the Restoring Ontario’s Competitiveness Act, 2018 (“Bill 66”). If passed, Bill 66 would: repeal sections of the Employment Standards Act, 2000 (“ESA”) that require an employer to apply to the Director for an approval allowing some or all of its employees to work more than 48 hours in a week; repeal sections of the ESA that require an employer to apply to the Director for an…
On December 6, 2018 the Ontario Legislative Assembly passed the Restoring Trust, Transparency and Accountability Act, 2018 (“Bill 57”), an omnibus bill that, among other things, postpones the coming into force of the Pay Transparency Act, 2018 (the “Pay Transparency Act”). For details about the Pay Transparency Act, see this article by Titus Totan and Michael S. Richards. Subject to certain exceptions, the Pay Transparency Act was to come into force January 1, 2019. Bill…
Further to our previous article, “Gambling on the unionization of managerial employees”, in which we alerted our clients to a decision declaring inoperative the provision of Quebec’s Labour Code which prevents managerial employees from unionizing1, a recent decision2 has since overturned that ruling. On November 5, 2018, the Quebec Superior Court concluded that the prohibition on managerial employees seeking union representation under the Labour Code does not substantially impact rights…
On November 21, 2018 the Making Ontario Open For Business Act, 2018 (“Bill 47”) received Royal Assent and became law in Ontario. Bill 47 repeals many of the changes to the Employment Standards Act, 2000 (“ESA”) and the Labour Relations Act, 1995 (“LRA”) introduced last year by the Fair Workplaces, Better Jobs Act, 2017 (“Bill 148”), including: sections of the ESA prohibiting employers from paying part-time and temporary employees lower rates than full-time, non-temporary employees;…
A recent decision by the Alberta Human Rights Tribunal (the “Tribunal”) found that an employer, while seeking to reduce its workforce, dismissed an employee on the grounds of family status and physical disability, rather than job performance. In Smylie v Sani-Tech Mechanical Ltd., 2018 AHRC 6 (CanLII), the Tribunal awarded the employee damages for lost wages, in addition to $20,000 for injury to the employee’s dignity and self-respect. This decision highlights the need for…
On November 1, 2018, the B.C. Government introduced the Human Rights Code Amendment Act 2018, Bill 50. The Bill largely adopts the recommendations of the December 2017 report of Ravi Kahlon, Parliamentary Secretary of Sport and Multiculturalism, which can be found here. The Bill proposes the creation of a human rights commission and advisory board and the extension of the time period for filing complaints. A copy of Bill 50 may be found here
“Advancing gender equality is not just good for women, it’s good for all Canadians. When Canadian women can count on equal pay for work of equal value, our economy grows stronger, families prosper and communities thrive.”1 On October 29, 2018 Canada’s Federal government introduced legislation designed to equalize the earning potential of men and woman, Act to Establish a Proactive Pay Equity Regime within the Federal Public and Private Sectors (Pay Equity Act). Applicable…