Osler Updates

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Federal Government Introduces New Legislation to Enhance Pipeline Safety

In response to demands from the provincial governments and the public for increased National Energy Board powers to ensure the environmental safety of Canada’s pipeline infrastructure, the federal government has introduced the Pipeline Safety Act (Bill C-46). The proposed Bill C-46 measures are designed to strengthen the incident prevention, preparedness and response, and liability and compensation mechanisms in place for major pipeline projects in Canada. 

Dec. 18, 2014

Proposed Menu Labelling Law – Healthier Choices for Consumers, No Choice for Food Chains

On November 24, the Ontario government introduced Bill 45, the Healthy Menu Choices Act, 2014. If passed, the Act will require restaurant chains and other food service providers with 20 or more locations in Ontario to display the number of calories of all standard food or drink items. This Update outlines the requirements of the Act and the potential consequences for non-compliance should it become law. 

Dec. 17, 2014

Federal Court of Canada Affirms Crown Consultation Process Following Environmental Assessment under CEAA 2012

This Update recaps the December 9 Federal Court of Canada decision in Athabasca Chipewyan First Nation v. Minister of the Environment, Attorney General of Canada, and Shell Canada Limited. This decision – the first of its kind under the Canadian Environmental Assessment Act 2012 – affirmed the constitutionality of Canada’s Aboriginal consultation process in the context of a major natural resource development project requiring both federal and provincial authorization. 

Dec 17, 2014

AODA Compliance Reminder: Are You Ready for Year-End Reporting Requirements?

By December 31, 2014, organizations with 20 or more employees in Ontario must file an accessibility compliance report in order to adhere to the Accessibility for Ontarians with Disabilities Act (AODA). This Osler Update provides some useful resources to help companies prepare, including a checklist of key requirements. 

Dec 15, 2014

Mind the Gap: Commissioner of Competition to Scrutinize Cross-Border Pricing Policies

On December 9, 2014, the federal government introduced legislation to implement its promise to “end geographic price discrimination against Canadians.” While the proposed legislation does not make engaging in cross-border differential pricing unlawful, it gives the Commissioner of Competition expansive tools to investigate companies that charge higher prices in Canada than the United States and publicly denounce their lawful pricing practices. 

Dec 11, 2014

New Prospectus Exemptions to Facilitate Rights Offerings and Capital Raising from Existing Investors

The Canadian Securities Administrators recently published for comment proposed amendments designed to create a streamlined prospectus exemption for rights offerings by reporting issuers. On the same day, the Ontario Securities Commission announced the adoption of a new prospectus exemption that will allow reporting issuers listed on certain Canadian stock exchanges to raise capital from existing security holders on a prospectus exempt basis. This Update examines these prospectus exemptions and what they mean for investors. 

Dec 11, 2014

New Ontario Requirements for SIPPs and Retiree Pension Statements

On November 27, new amendments to the Regulations under the Ontario Pension Benefits Act came into force, revising the rules related to Statements of Investment Policies and Procedures (SIPPs) and adding new requirements to send pension statements to deferred vested and retired pension plan members. This Osler Update summarizes the changes and provides recommendations to help plan administrators prepare. 

Dec 10, 2014

Ontario’s Proposed Anti-SLAPP Legislation Moves Forward (Again)

On December 1, the Ontario Government reintroduced Bill 52, the Protection of Public Participation Act, 2014. Aimed at discouraging the use of Strategic Lawsuits Against Public Participation (SLAPPs), the Bill raises but does not resolve a number of legal and practical issues.This Update provides an overview of the Bill, highlighting key takeaways for those who may find themselves caught by the net of the proposed legislation.

Dec 10, 2014

Antitrust Advisory: Dos and Don’ts for Communications with Competitors

When communicating with competitors, extra vigilance is required to manage and mitigate potential competition law risks. In this Antitrust Advisory, we examine some of the dos and don’ts of competitor communications, helping you to stay on the right side of the law. 

Dec 5, 2014

FCA Decision Sends Strong Message: Courts Will Not Interfere with Ongoing Administrative Proceedings

On November 25, the Federal Court of Appeal rendered a unanimous decision in Coldwater Indian Band et al v. The Minister of Indian Affairs and Northern Development et al, upholding the principle that, absent exceptional circumstances, courts must not interfere with ongoing administrative proceedings. 

Dec 5, 2014