We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Outsourcing by Canadian companies: another look at the USA Patriot Act

  • Field Law
  • -
  • Canada
  • -
  • January 29 2013

"There may be no greater area of confusion and misunderstanding than fear of the PATRIOT Act" - Ontario Information and Privacy Commissioner Cloud

more related articles »

Quebec Auditor General issues a report criticizing the government’s management of the mining sector

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • April 24 2009

On April 1, 2009, the Quebec Auditor General (QAG) filed a report that strongly criticized the government of Quebec’s interventions in the mining sector.

more related articles »

Ontario’s Public Lands Act: what miners need to know

  • Dentons
  • -
  • Canada
  • -
  • August 30 2012

Many of our mining clients do not appreciate the role of the Ministry of Natural Resources (“MNR”) and the regulation of Crown land through the Public Lands Act.

more related articles »

Bill 43 (Quebec Mining Act)

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • June 21 2013

On May 29, 2013, Bill 43, entitled the Mining Act ("Bill 43"), was introduced in the Quebec National Assembly by the Minister of Natural Resources

more related articles »

Lakes and Rivers Improvement Act guidance released

  • Torys LLP
  • -
  • Canada
  • -
  • October 14 2011

The Ontario Ministry of Natural Resources (MNR) recently released the Lakes and Rivers Improvement Act Administrative Guide (Guide) together with a series of supporting technical bulletins.

more related articles »

The Drummond Report: what miners need to know

  • Dentons
  • -
  • Canada
  • -
  • March 6 2012

Economist Don Drummond recently released a sweeping report on rethinking Provincial governance and Ontario’s economy.

more related articles »

"The Drummond Report: what miners need to know", March 2012

  • Dentons
  • -
  • Canada
  • -
  • March 6 2012

Economist Don Drummond recently released a sweeping report (the “Drummond Report”) on rethinking Provincial governance and Ontario’s economy.

more related articles »

Proposed rules restricting off-shore wind turbine developments

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • September 23 2010

The Ontario Government is proposing significant rules around where off-shore wind turbines can be located and what technical requirements will need to be fulfilled before any turbines can be built.

more related articles »

Ministry of Natural Resources proceeds with policy framework to modernize approvals

  • Torys LLP
  • -
  • Canada
  • -
  • March 11 2013

The Ministry of Natural Resources (MNR) recently decided to proceed with its Policy Framework for the Modernization of MNR Approvals as that

more related articles »

Information-gathering and tax audits by a revenue authority could there be an ulterior purpose?

  • DLA Cliffe Dekker Hofmeyr
  • -
  • Canada
  • -
  • May 10 2013

The Canadian Federal Court of Appeal's (FCA) recent judgment in MNR v RBC Life Insurance Co, 2013 FCA 50 (decided on 21 February 2013) condemned the

more related articles »

Mining tenures in Ontario

  • Blake Cassels & Graydon LLP
  • -
  • Canada
  • -
  • July 12 2012

In the Province of Ontario, mining is largely regulated by the provincial government, with the Ontario Ministry of Northern Development and Mines (MNDM) and the Ontario Ministry of Natural Resources (MNR) acting as the two main oversight bodies.

more related articles »

Challenging the residual value component of Ontario’s stumpage: an overview of the Boniferro case

  • Dentons
  • -
  • Canada
  • -
  • February 10 2009

In proceedings filed with the Ontario Superior Court of Justice on August 20, 2007, Boniferro Mill Works ULC ("Boniferro") successfully challenged the stumpage fee practice of the Ontario Ministry of Natural Resources (the "MNR"), persuading the Court that the residual value charge ("RVC") assessed by Her Majesty the Queen in Right of Ontario ("HMQ") as a component of the Crown timber pricing system purportedly authorized by the Crown Forest Sustainability Act 1994, S.O., 1994, c. 25 (the "Act") is unlawful.

more related articles »

Ministry of Natural Resources proposes policy framework to modernize approvals

  • Torys LLP
  • -
  • Canada
  • -
  • November 2 2012

The Ministry of Natural Resources (MNR) recently released a discussion paper titled "Modernization of Approvals" regarding a proposed policy framework to modernize and streamline the MNR’s issuance of permits, authorizations and licences.

more related articles »

Ontario Environmental Commissioner releases Annual Report; warns that Ontario's plans for growth and development are not reconciled with priorities of preserving and protecting the natural environment

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • December 20 2007

In his 200607 Annual Report "Reconciling our Priorities" Gord Miller, Ontario's Environmental Commissioner, advised the Legislature that: "Our growth plan for southern Ontario communities has some laudable features, but in some areas it calls for development that would exceed the ability of the local environment to support it."

more related articles »

Renewable power continues to energize project development in Ontario

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • February 8 2010

As the dust finally settles from the 60-day initial launch period in the Fall of 2009 under the Ontario Power Authority (OPA) Feed-in Tariff (FIT) program, many project developers, renewable energy generation equipment manufacturers, investors, lenders and governmental agencies are quickly realizing that Ontario's renewable energy market is experiencing explosive growth.

more related articles »

Cloud computing and the USA Patriot Act: Canadian implications

  • Dentons
  • -
  • Canada, USA
  • -
  • June 4 2012

A perennial issue in Canadian privacy law is what to do about the USA Patriot Act.

more related articles »

Ontario court dismisses billion dollar damages claim relating to moratorium on offshore wind farms

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • October 16 2012

On October 5, 2012, the Ontario Superior Court of Justice struck out an action brought by Trillium Power Wind Corporation (Trillium) against the Ontario government seeking $2.5 billion in damages occasioned by Ontario’s February 2011 moratorium on offshore wind farms.

more related articles »

New guidelines proposed for Ontario renewable energy projects related to natural heritage assessment and birds and bird habitat

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • February 8 2011

In early December 2010 the Ontario Minister of Natural Resources posted a proposed "Natural Heritage Assessment Guide" to be used in relation to renewable energy approvals for application to both Crown and private lands.

more related articles »

Cloud computing: privacy and other risks

  • McMillan LLP
  • -
  • Canada
  • -
  • December 3 2013

While the benefits of outsourcing organizational data storage to the cloud are plentiful, so are the legal risks. An organization must be sensitive

more related articles »

Privacy law in Canada

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • March 31 2009

The protection of personal information is at the forefront of public policy debate in Canada.

more related articles »

Update on the Green Energy and Green Economy Act, 2009

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • July 20 2009

The Green Energy and Green Economy Act, 2009 (the "Act") received royal assent on May 14, 2009.

more related articles »

The Ontario Government releases two-year review of Feed-in Tariff program

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 26 2012

On Thursday March 22, 2012, the Ontario Government released the results of its review (the “FIT Review”) of the Ontario Feed-in Tariff program (“FIT Program”).

more related articles »

Sierra Club Canada v. Ontario (Ministry of Natural Resources)

  • Harper Grey LLP
  • -
  • Canada
  • -
  • November 24 2011

Sierra Club Canada (“Sierra Club”) sought a declaration invalidating a permit granted by the Minister of Natural Resources of Ontario (“Ontario”) allowing for a bridge to be built across the Detroit River, and the attendant disturbance of the habitat of several species (the “Permit”).

more related articles »

In transfer pricing size does matter: the case of General Electric Capital Canada and the Canada Revenue Agency

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • February 3 2010

On December 4th 2009, the Tax Court of Canada (“TCC”) ruled on one of Canada’s most significant cases to date regarding guarantee fees, the case of General Electric Capital Canada Inc. (“GEC”).

more related articles »

In transfer pricing size does matter: the case of General Electric Capital company and the Canada Revenue Agency

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • January 25 2010

On December 4th, 2009, The Tax Court of Canada (herein referred to as "TCC") ruled on one of Canada’s most significant cases to date regarding guarantee fees, the case of General Electric Capital Canada Inc.

more related articles »

The long arm of the Minister of National Revenue grows another foot - disclosure in eBay Canada

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • January 15 2009

The Federal Court of Appeal ("FCA") judgment in eBay Canada Ltd. and eBay CS Vancouver Inc. v. M.N.R., 2008 FCA 348 ("eBay") is the latest in a series of decisions extending the power of the Minister of National Revenue ("Minister") to compel disclosure of confidential taxpayer information.

more related articles »

A climate finance legal first Canadian appeal court allows $2 billion wind farm lawsuit against government over alleged misfeasance but only on one narrow ground

  • Duhaime Law
  • -
  • Canada
  • -
  • November 27 2013

$2 billion green energy public misfeasance case is allowed to proceed and the remedy for political decisions may indeed be in the courtroom and not

more related articles »

Proposed framework to modernize natural resource management

  • Torys LLP
  • -
  • Canada
  • -
  • December 3 2012

On November 14, 2012, the Ministry of Natural Resources (MNR) released a discussion paper titled "Taking a Broader Landscape Approach."

more related articles »

Ministry of Natural Resources releases endangered species report

  • Torys LLP
  • -
  • Canada
  • -
  • January 31 2013

On January 21, 2013, the Ministry of Natural Resources released a report titled "Endangered Species Act Panel Report and Recommendations." The report

more related articles »

Ontario’s new Far North Act promotes collaboration between First Nations and resource companies

  • Blaney McMurtry LLP
  • -
  • Canada
  • -
  • March 3 2011

On October 25, 2010, Ontario’s Far North Act (the FNA or the “Act”) received royal assent.

more related articles »

CRA loses another s. 231.2 third-party requirement case

  • Thorsteinssons LLP
  • -
  • Canada
  • -
  • June 3 2013

In MNR v. Lordco Parts Ltd., 2013 FCA 49, the Federal Court of Appeal (FCA) reaffirmed that the Canada Revenue Agency (CRA) has an obligation to make

more related articles »

An Ontario first: Tribunal revokes wind farm approval

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • July 10 2013

On July 3, 2013, the Environmental Review Tribunal (the "Tribunal") released a landmark decision under Ontario's renewable energy approval regime. In

more related articles »

The Drummond Report and environmental protection

  • Miller Thomson LLP
  • -
  • Canada
  • -
  • March 1 2012

The sweeping Drummond Report, which was delivered to the Government of Ontario on February 15, 2012, has called for transformational change in the way the Ministry of the Environment and the Ministry of the Natural Resources regulate and protect the province’s environmental and natural heritage.

more related articles »

The impact of recent Mining Act amendments on mining tenures in Ontario

  • McMillan LLP
  • -
  • Canada
  • -
  • February 1 2013

In 2009, Ontario introduced Bill 173 to amend the Mining Act. These amendments are being phased in with the goal of having them all in force by the

more related articles »

Turtles one, turbines zero

  • Miller Thomson LLP
  • -
  • Canada
  • -
  • September 30 2013

The slowest doesn’t always finish last. At least that was one lesson learned in July 2013 when the Environmental Review Tribunal (“Tribunal”)

more related articles »

An Ontario first: tribunal revokes wind farm approval

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • July 26 2013

On July 3, 2013, the Environmental Review Tribunal (the “Tribunal”) released a landmark decision under Ontario’s renewable energy approval regime

more related articles »

Challenging the actions of tax authorities: guidelines for the appropriate use of judicial review in the federal court

  • Blake Cassels & Graydon LLP
  • -
  • Canada
  • -
  • November 1 2013

The Tax Court of Canada has exclusive jurisdiction to hear and determine references and appeals to the Tax Court under the Income Tax Act (the Act)

more related articles »

Ministry of Natural Resources proposed changes to inert fill policy

  • Torys LLP
  • -
  • Canada
  • -
  • February 28 2008

The Ontario Ministry of Natural Resources (MNR) is proposing changes to its Aggregate Resources Programme Policies and Procedures Manual.

more related articles »

Pharma in brief - Canada: confidentiality of information held by government

  • Norton Rose Fulbright LLP
  • -
  • Canada
  • -
  • September 30 2013

There have been a number of decisions dealing with access to commercial information held by the Ministry of Health and Long-term Care in Ontario

more related articles »

Ontario court dismisses offshore wind damages claim

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • November 7 2012

Trillium Power Wind Corporation (TPWC), the Toronto-based developer interested in building offshore wind turbines in Lake Ontario, is appealing a decision of the Superior Court of Ontario after a judge ruled in favor of the defendant, the province of Ontario, to strike TPWC’s statement of claim.

more related articles »

Personal health information across borders and in the Cloud: a Canadian privacy compliance perspective

  • Baker & McKenzie
  • -
  • Canada
  • -
  • January 22 2014

Pharmaceutical, medical devicetechnology and other healthcare companies need to be aware of certain Canadian privacy compliance issues in dealing

more related articles »

Anti-discrimination and the Canada-UK tax treaty

  • McCarthy Tétrault LLP
  • -
  • Canada, United Kingdom
  • -
  • March 8 2011

Saipem UK Limited v the Queen is the first Canadian case wherein the Tax Court of Canada has decided with respect to the anti-discrimination provisions contained in a Canadian tax convention, being Article 22 of the Convention Between the Government of Canada and the Government of the United Kingdom of Great Britain and Northern Ireland (Treaty).

more related articles »

Ontario’s Renewable Energy Approval Regulations now in force - new regulations aimed at streamlining environmental approvals process for renewable energy projects

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • October 21 2009

Over the month of September, 2009, the government of Ontario introduced a totalof 16 regulations under the Green Energy and Green Economy Act, 2009 ("GEA").

more related articles »

Privacy laws and regulations around the globe: the impact on doing business internationally

  • Norton Rose Fulbright Canada LLP
  • -
  • Canada, Global
  • -
  • November 3 2009

The protection of personal information is an important issue as business operations become increasingly global in nature.

more related articles »

Employee or independent contractor: does intention matter

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • March 31 2011

In January 2011, the Tax Court of Canada (the "TCC") released two judgments, Prue v. M.N.R (“Prue”) and Smith v. M.N.R (“Smith”) in which it found that the individuals were operating as independent contractors rather than employees.

more related articles »

Tax Court of Canada rules on GSK case: results and implications

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • September 17 2008

On May 30th, 2008 the Tax Court of Canada (herein referred to as "Tax Court") ruled on one of Canada's most significant transfer pricing decisions, the case of GlaxoSmithKline Inc. (herein referred to as "GSK").

more related articles »

Tax Court of Canada rules on Glaxo case: results and implications

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • July 3 2008

On May 30th, 2008 the Tax Court of Canada (herein referred to as "Tax Court") ruled on one of Canada's most significant transfer pricing decisions, the case of GlaxoSmithKline Inc. (herein referred to as "GSK").

more related articles »