DLA Piper (LexBlog Canada)

This blog channel will be discontinued February 28, 2024. We will keep sharing key insights on timely legal topics and practical guidance on common concerns that affect companies doing business in Canada on the DLA Piper website. To receive email alerts about Canada, please click here and complete the form.

Canada imposes a new round of economic sanctions on Russia aimed at the oil, gas, mining and chemical industries. Read the blog post here.

By: Richard Newcomb| Sandra Lee Bell | Martin Schaefermeier | Karla Cure On July 6, 2021, US Customs and Border Protection (CBP) published a notice of proposed rulemaking (Proposed Rule) to expand the use of the 19 C.F.R. Part 102 Rules of Origin (Part 102 rules), also commonly known as the North American Free Trade...

On June 3, 2021, Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation), received Royal Assent. Bill C-5 recognizes a new federal general holiday, the National Day for Truth and Reconciliation, seeking to honour First Nations, Inuit and Métis...

On April 19, 2021, the Canadian federal government presented its first budget in over two years due to delays caused by the COVID-19 pandemic (“Budget 2021”). Budget 2021 included the announcement of long anticipated international tax proposals arising from Canada’s involvement in the Organisation for Economic Co-operation and Development’s (“OECD”) base erosion and profit shifting...

Major Canadian pension funds ask companies to adopt and improve their environmental, social, and governance (“ESG”) reporting by disclosing material and industry relevant ESG factors through the adoption of Sustainability ‎Accounting Standards Board (“SASB”) reporting and the Task Force on Climate-related Financial ‎Disclosures (“TCFD”).‎ Israeli companies that have offices in Canada need to...

In Fraser v. Canada (Attorney General), 2020 SCC 28, the Supreme Court of Canada found that a workplace policy of the RCMP amounted to unlawful discrimination because it indirectly institutionalized and perpetuated a long-standing source of economic disadvantage for women. The case involved three female RCMP officers who participated in a job-sharing program in order...

By: Tamara Hunter | Kara N. Davis | David Spratley The ongoing COVID-19 pandemic has brought about changes for all of us. While some of these changes are temporary, others may linger or even result in more permanent changes to the way we do business, even when the requirements for severe social distancing are relaxed...

Today, BC announced it is extending the Employment Standards Act  temporary layoff period to a maximum of 16 weeks in any period of 20 consecutive weeks for layoffs connected to the COVID-19 emergency. The increased period is intended to be temporary and match the duration of the Federal Government’s emergency aid under the Canada Emergency...

On October 17, 2018, the cultivation, sale, distribution and consumption of certain classes ‎‎of marijuana for recreational (i.e. non-‎medical) purposes was legalized across Canada, including fresh and dried flowers, seeds, plants and oils. Many employers have responded to the workplace concerns arising from the legalization of recreational marijuana by implementing policies that address...

Advance polling for Canada’s federal election commences today, ahead of election day on Monday, October 21, 2019 (7:00 am to 7:00 pm in BC). Employers should keep in mind their obligations under the Canada Elections Act, specifically: Time off to vote Every employee who is an elector is entitled, during voting hours on polling day,...

On August 27th, 2019 former Ontario school teacher Ryan Jarvis was sentenced to six months in jail and 12 months’ probation after the Supreme Court of Canada (“SCC”) convicted him of voyeurism earlier this year.  Although this is a criminal decision, it is nevertheless instructive for employers as the decision clarified the law relating to...

The Federal government’s commitment to the “modernization” of employment standards applicable to federally regulated workplaces continues with the coming into force of more Canada Labour Code amendments and federal accessibility legislation. Federally regulated employers should take note. Canada Labour Code A large number of the sweeping, employee-centric changes to the Canada Labour Code enacted

In the recent decision in Ontario (Labour) v New Mex Canada Inc., the Ontario Court of Appeal found that it may be appropriate to impose harsher sentences for offences under the Occupational Health and Safety Act (the “OHSA”) where offenders’ conduct shows elevated “moral blameworthiness”. The facts of the case were tragic. In 2013, an...

  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...

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...

By Tamar Duvdevani (NY), Airina Rodrigues (NY) and Michael Geller (Chicago) Interview with Melissa Schoffer Farber, SoulCycle’s Senior Director of Legal Affairs To describe New York-based SoulCycle as a company offering indoor cycling classes is a serious understatement.  While SoulCycle does tout 90 locations in the US and Canada, with a growing international presence, the...

“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,...

As students return to school this fall and legislators return from a summer of community barbeques, small business owners have to face increased labour costs. Statutory minimum wage increases are set to occur on October 1, 2018 in Alberta, Saskatchewan and Manitoba, with Ontario to follow suit on January 1, 2019. These increases are in...

DLA Piper Canada was thrilled to host a breakfast seminar with Rena Nickerson, General Manager of SodaStream Canada who shared her timely insights into this great Israeli international growth story. Jeremy Lustman, Chair of DLA Piper’s Israel Country Group discussed the Israeli venture capital/private equity tech ecosystem. The event was hosted by Noam Goodman who...

The Ontario Court of Appeal has upheld the termination pay clause of an employment contract in Amberber v. IBM Canada Ltd. 2018 ONCA 571 by using a refreshing and common sense approach in overturning the trial judge’s findings. The clause in question purported to limit entitlement to notice of termination. Notably, it did not limit...

The legalization of recreational (i.e., non-medical) marijuana in Canada finally has some clarity—and a date. Effective October 17, 2018, the possession and use of recreational marijuana will be legal across Canada. To prepare for the legalization of recreational marijuana, Canadian employers should introduce or update workplace policies that address the potential implications of recreational...

Ted Maduri provides a brief overview of the main considerations that come with expanding your business into Canada, including: Business formation: which vehicle should you choose? Advantages of a branch office Advantages of a subsidiary corporation Where should you incorporate? How to set up the new company? What else should you keep in mind? Click here...

On May 10, 2018, the Supreme Court of Canada confirmed judgments of the Superior Court of Quebec and the Court of Appeal of Quebec declaring Sections 76.3, 76.5 and 103.1 para. 2 of the Quebec Pay Equity Act (the “PEA”) to be unconstitutional. In a split ruling rendered in the matter of Quebec (Attorney General)...

Similar to trends in other areas of Canada, the minimum wage in the Northwest Territories will increase from $12.50 per hour to $13.46 per hour effective April 1, 2018. Minimum wage in Nunavut is currently $13.00 per hour. Minimum wage rates in the Northwest Territories and Nunavut have historically been among the highest in Canada...

The rapid and significant changes to the legal status of marijuana in Canada raise new questions and challenges for employers across the country. In Ontario, some of these questions were answered when Bill 174, Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017 received Royal Assent on December 12, 2017. Bill 174 is...

In Krishnamoorthy v. Olympus Canada Inc., 2017 ONCA 873, the Ontario Court of Appeal (“ONCA”) overturned the motion for summary judgment and confirmed that the purchaser of a business’ assets (as opposed to a business’ shares) can choose to offer employment to the vendor’s employees on new terms with no additional consideration other than the...

The Supreme Court of Canada has recently released its decision in British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62, on appeal from the British Columbia Court of Appeal. This decision expands the scope of protection under Human Rights legislation into non-traditional workplace relationships.  A case of workplace discrimination where the parties have no...

Kevin Wright, Todd Shikaze and Emily Snow recently authored “On the ‘Level’ After Godfrey: Proving Liability in Canadian Price Fixing Class Actions,” for the December 2017 edition of Class Action Defence Quarterly. In the article they provide insight into the recent B.C. Court of Appeal decision in Godfrey v. Sony Corp. and its significance for...

Russel Drew recently appeared on the BNN’s Business Day AM along with TokenFunder CEO Alan Wunsche to discuss the latest development in FinTech innovation in light of the Ontario Securities Commission’s granting of its first exemptive relief order in connection with a token offering in Canada. The order allows TokenFunder, a Toronto-based blockchain business, to sell digital...