Constructing a federal prompt payment regime

  • June 12, 2019

The CBA’s Construction and Infrastructure Law Section has in the past asked the federal government to introduce prompt payment legislation, so it was happy to see it when it came – but unhappy with the way it was introduced, as part of an omnibus budget implementation bill, C-97.

Herding cats? WTO may open negotiations on e-commerce

  • May 27, 2019

There are 159 countries in the World Trade Organization and when it comes to e-commerce, so far the only thing they’ve been able to agree on is to not put customs duties on electronic transmissions – a moratorium that has been renewed every two years since 1998.

Indigenous language bill needs teeth

  • April 05, 2019

A law that can’t be enforced is an aspiration on a page. A law that purports to protect Indigenous language rights without providing for a way to defend those rights is little more than a “hollow promise,” says the CBA’s Aboriginal Law Section in response to the government’s proposed Bill C-91, the Indigenous Languages Act.

Impact Assessment Act: Thanks for the changes, can we have more?

  • March 19, 2019

Bill C-69, the awkwardly named Impact Assessment Act and Canada Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, has been reviewed and amended in the House and is now making its way through the Senate.

Defining moments: When is a company no longer considered public?

  • March 18, 2019

The Income Tax Act says a corporation is public for tax purposes when its shares are listed on a designated stock exchange. Seems simple enough, right? But in fact, this definition can be problematic in a merger and acquisition context, where public companies elect to “go private.”

Bonds of duty: Clarification needed to say who pays and when under IRPA

  • January 28, 2019

A promise might be a good enough security for the London Stock Exchange, whose motto is “my word is my bond,” but the Canada Border Services Agency requires a bit more from those who pay a deposit or post a guarantee to ensure compliance with conditions imposed on a person entering Canada under the Immigration and Refugee Protection Act.