Canada: Corporate Digest @ Gowlings: May 1, 2010

Last Updated: May 11 2010

Edited by Rod Seyffert

What's New @ Gowlings

Gowlings Named Patent Prosecution Firm of the Year for Third Consecutive Year

Once again Gowlings has been named the Canadian Patent Firm of the Year for 2010 for the third year running by Managing Intellectual Property (MIP) magazine. Additionally, the Firm has been recognized as a leader in trade-mark and copyright law for both Canada and Russia by the MIP World IP Survey. Gowlings has a history of leadership in the MIP World IP Survey, having been ranked among the top law firms in patent, trade-mark and copyright law consistently since the survey's inception in 1996.

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Contents

A. DIGESTED ARTICLES

  • First PMPRB Decision Dismissing Allegations of Excessive Pricing
  • Cost Recovery Under the Human Rights System - Is it an Urban Myth?
  • Alberta Reduces Oil and Gas Royalty Rates
  • Ontario Power Authority Announces Initial Feed-In Tariff Contract Recipients
  • Smart Grid Challenges and Choices Report Released
  • Local Distribution Companies Corner - Enercom 2010: Exploring the Promise of a Smarter, Greener Ontario
  • Proposed Amendments to the Canadian Environmental Assessment Act
  • A Supreme Court of Canada Decision on Project Scoping Under the Canadian Environmental Assessment Act
  • Federal Government Response to Comments Received on the Proposed Agreement with Québec to Implement Federal Pulp and Paper and Metal Mining Regulations
  • Stronger Air Emissions Standards Now in Effect in Ontario
  • Ontario to Modernize Environmental Approvals Process
  • Designation of Renewable Energy Projects and Sources under section 5 of the Green Energy Act, 2009 (Ontario)
  • The Town of Oakville Air Quality By-law
  • 20 Years of Environmental Law at Gowlings
  • Proposed Extended Producer Responsibility Regulations for Managing End-of-Life Ozone-Depleting Substances and their Halocarbon Alternatives
  • Ontario Proposed Regulations on Protection of Sources of Drinking Water
  • British Columbia Introduces New Recycling Regulations
  • British Columbia Working with California to Reduce Vehicle Emissions
  • Soil, Groundwater and Sediment Quality Criteria in Ontario: A History of their Development from the 1970s to December 2009
  • Ontario's Proposed Legislative Framework for Modernizing Environmental Approvals
  • Proposed Amendments to the Environment Act (Québec) relating to Fees Payable for Municipal Recovery and Reclaiming of Residual Materials
  • Federal Tailpipe Greenhouse Gas Emission Standards Released
  • Equity Compensation Becomes Less Attractive Under the Federal 2010 Budget
  • Franchising and Change in the Hotel Industry
  • Are you a "Steward" under Ontario's Blue Box Program?
  • The Uses and Abuses of the Precautionary Principal
  • New Guidelines for "Specialized Knowledge" Intra-Company Foreign Employee Transfers to Canada
  • New Guidelines for Intra-Company Foreign Employee Transferee Work Permits for Start-Ups
  • Proving Language Proficiency of Canadian Permanent Resident Applicants
  • Clarification of Continuous Full-time Employment for Permanent Resident Applications
  • Canada and British Columbia Sign New Immigration Agreement
  • A Tale of 26 Lubricated Seals: The Supreme Court of Canada Provides Clarity on the Exclusion for "Faulty or Improper Design"
  • The Supreme Court of Canada's Decision in Co-Operators Life Insurance v. Gibbens
  • Risk Management - A Hot Topic
  • A Refresher on Settlement under the Minors' Property Act (Alberta)
  • Insurer Estopped From Denying Coverage
  • Ontario Government Reforms to Ontario's Prescription Drug System Announced
  • Regime Change: Application of Section 116 Certificate Process Limited by the 2010 Federal Budget

B. OTHER RECENT PUBLICATIONS BY GOWLINGS PROFESSIONALS

  • Feeling Full Satisfying Hunger
  • Doing Business in Canada: Advertising
  • Doing Business in Canada: Franchise Law
  • Doing Business in Canada: Employment and Labour Law
  • Doing Business in Canada: Québec
  • Can a Franchise be a Security?
  • Getting the Deal Through - Private Equity 2010
  • February 2010
  • 2010, A Year of Big Decisions in Intellectual Property

C. COURSES AND SEMINARS CURRENTLY OFFERED BY GOWLINGS

  • 2010 Gowlings' Annual Taxation Law Seminars, Cross-Canada
  • Complying with Bill 168, Ontario's New Workplace Violence and Harassment Legislation
  • Gowlings Legal Seminars for Manufacturers, Ontario

D. GOWLINGS MULTIMEDIA RESOURCES OF INTEREST TO SENIOR EXECUTIVES AND GENERAL COUNSEL

  • Occupational Health and Safety Group Podcasts
  • Gowlings Trendwatch
  • Whiteboard Tech Law

A. DIGESTED ARTICLES

First PMPRB Decision Dismissing Allegations of Excessive Pricing

The Patented Medicine Prices Review Board (PMPRB) recently released its decision in the matter of Hoechst Marion Roussel Canada Inc. and the medicine NICODERM, a nicotine patch which assists those who are attempting to quit smoking. The issue in this case as discussed in the digested article was whether NICODERM had been sold at excessive prices. In holding that a higher priced non-patented nicotine patch, should have been included in the comparative class, a Hearing Panel has for the first time since the PMPRB's creation in 1987 has rejected outright the allegations of excessive pricing made by PMPRB staff.

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Cost Recovery Under the Human Rights System – Is it an Urban Myth?

The Supreme Court of Canada's agreement to hear an appeal raising the issue of whether costs can be awarded by the Human Rights Commission (Canada) is the springboard for a discussion in this article of the practices of human rights commissions in other jurisdictions granting costs against unsuccessful litigants.

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Alberta Reduces Oil and Gas Royalty Rates

On March 11, 2010 the Government of Alberta announced a reduction in the royalties payable by producers of petroleum and natural gas wells on Crown lands. The effect of this announcement is to substantially reverse the Alberta Royalty Framework (ARF) which was introduced in October of 2007 for the stated purpose of ensuring that the Province received its fair share of the benefits of energy development. The New Royalty Reduction Program is in essence a return to the pre-ARF royalty scheme. The features of the new royalty reduction scheme and the response of the oil and gas industry are detailed in this article.

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Ontario Power Authority Announces Initial Feed-In Tariff Contract Recipients

In March and April, the Ontario Power Authority (OPA) announced the approval of 694 new renewable energy generation projects to be built in the Province of Ontario over the next few years. This article describes the nature of the projects, their geographical diversity and the renewable energy being generated as well as the economic impact on the jobs being created.

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Smart Grid Challenges and Choices Report Released

This article summarizes Smart Grid Challenges & Choices, a report published by Oracle, the software applications service provider. The report surveyed 150 North American senior utility executives with 45% of those interviewed noting that Canada was their primary country of operation, who discussed what they believed would be their primary focus in the coming year.

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Local Distribution Companies Corner - Enercom 2010: Exploring the Promise of a Smarter, Greener Ontario

This article provides a summary of this year's Enercom 2010 conference which explored the economic impact of a smarter, greener energy industry on the Ontario market. The conference included a roster of speakers discussing topical issues such as (i) a national energy strategy for Canada; (ii) smart grid developments in the United States; and (iii) strategies being implemented by Ontario's local distribution companies.

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Proposed Amendments to the Canadian Environmental Assessment Act

Earlier this year, the Supreme Court of Canada (SCC) released its decision in Mining Watch Canada v. Canada (Fisheries and Oceans). The SCC found that federal agencies designated as responsible authorities under the Canadian Environmental Assessment Act (CEAA) could not "scope" projects to avoid the application of the Comprehensive Study List Regulations. In attempting to clarify what "scoping powers" were provided for under section 15 of the CEAA, the SCC clarified that while federal authorities can "scope" projects to include more than the activities included in a proponent's project description, they could not "scope" projects so as to include less. In likely reaction to this decision, the Canadian Government introduced legislation as part of the 2010 Budget discussed in this article to enable the Minister or his agent to limit the scope of federal environmental assessment.

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A Supreme Court of Canada Decision on Project Scoping Under the Canadian Environmental Assessment Act

This case comment summarizes and analyses the decision of the Supreme Court of Canada in Mining Watch Canada v. Red Chris Development Company Ltd referred to in the prior digest.

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Federal Government Response to Comments Received on the Proposed Agreement with Québec to Implement Federal Pulp and Paper and Metal Mining Regulations

On February 6, 2010, Environment Canada released notice of its response to comments received on the proposed agreement between Québec and the Government of Canada to proceed to implement the Federal Pulp and Paper and Metal Mining regulations in Québec. This article discusses one of the submissions which was received from the Québec Forest Industry Council and Environment Canada's response.

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Stronger Air Emissions Standards Now in Effect in Ontario

As of February 1, 2010, industrial facilities located in Ontario are required to meet more stringent air quality standards for thirty-three air contaminants listed in this Article.

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Ontario to Modernize Environmental Approvals Process

On March 2, 2010, the Ontario Ministry of Environment released a Discussion Paper outlining a proposed legislative framework for modernizing the provincial regulatory approvals process as part of its Innovation Agenda and commitment to Open for Business initiative. Highlights of the Discussion Paper including proposals for amendments to the Environmental Protection Act and the Ontario Water Resources Act are summarized in this article.

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Designation of Renewable Energy Projects and Sources under section 5 of the Green Energy Act, 2009 (Ontario)

The Province of Ontario has published regulations under the Green Energy Act, 2009 (Ontario)(GEA) which designates the use of photovoltaic technology, under prescribed circumstances, as qualifying as a renewable energy project under the GEA. The Regulation also designates the use of certain prescribed ground source heat pumps and solar thermal systems as qualifying as a renewable energy sources under the GEA. As discussed in the article, in taking this action, Ontario has superseded any municipal by-laws restricting their use.

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The Town of Oakville Air Quality By-law

On February 1, 2010, the Town of Oakville became the first municipality in Ontario to regulate air quality generally as well as the first level of government to regulate fine particulate matter. The article describes how the municipality intends to go about regulating air quality.

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20 Years of Environmental Law at Gowlings

This article excerpts remarks made by former Gowlings partner, Madame Justice Katherine van Rensburg of the Superior Court of Ontario on February 4, 2010 to commemorate 20 years of environmental law at Gowlings. In her speech, Justice van Rensburg comments on changes in environmental law that have occurred over the last 20 years.

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Proposed Extended Producer Responsibility Regulations for Managing End-of-Life Ozone-Depleting Substances and their Halocarbon Alternatives

Environment Canada has issued a consultation draft in connection with its proposed regulations to manage the end-of-life of ozone-depleting substances and their halocarbon alternatives. As described in the article, the proposed regulations would require importers, manufacturers, distributors and reclaimers of chlorofluorocarbons, hydrochlorofluorocarbons, hydrofluorocarbons and perfluorocarbons for use in the cooling sector to participate in an extended producer responsibility program.

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Ontario Proposed Regulations on Protection of Sources of Drinking Water

The Province of Ontario has issued a draft regulation, the provisions of which are discussed in this article, in support of (Drinking Water) Source Protection Committees mandated under the Clean Water Act (Ontario) to develop Source Protection Plans to ensure that threats to the sources of drinking water are properly managed.

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British Columbia Introduces New Recycling Regulations

This article discusses British Columbia's new regulation to require recycling by July, 2011 of lead-acid batteries and antifreeze.

More

British Columbia Working with California to Reduce Vehicle Emissions

The British Columbia Government and the California Air Resources Board have signed a Memorandum of Understanding to pave the way for more stringent greenhouse gas emissions standards for 3 classes of new motor vehicles.

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Soil, Groundwater and Sediment Quality Criteria in Ontario: A History of their Development from the 1970s to December 2009

This article briefly discusses a report released by the Environmental Commissioner of Ontario which records the history of the development of soil, groundwater and sediment standards for the Province of Ontario.

More

Ontario's Proposed Legislative Framework for Modernizing Environmental Approvals

The Government of Ontario intends to introduce legislation that, if passed, would enable the implementation of a modernized environmental approval system in Ontario. The Ministry of the Environment expects to begin introducing changes to the environmental approvals system by September 2012. This article identifies the key objectives of the new approvals process.

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Proposed Amendments to the Environment Act (Québec) relating to Fees Payable for Municipal Recovery and Reclaiming of Residual Materials

Québec Bill 88 to amend the Environment Quality Act (Québec) was tabled before the Québec National Assembly on March 18, 2010. As discussed in this article, the Bill proposes to modify the current compensation régime for residual materials recovery and reclamation services provided by municipalities with the intent that industry will, over a transition period, reduce packaging and increase the percentage of residual materials recovery.

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Federal Tailpipe Greenhouse Gas Emission Standards Released

This article contains a brief summary of the key provisions of Regulations announced by the federal government concurrently with the U.S. Administration which are applicable to manufacturers and importers of passenger motor vehicles and light trucks commencing the 2011 model year to reduce the emission of greenhouse gases.

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Equity Compensation Becomes Less Attractive Under the Federal 2010 Budget

This article describes the effect of the 2010 Federal Budget on executive compensation packages. The Budget has changed stock option rules, making such forms of compensation less appealing for companies and their employees.

A few of the changes include: removing an employee's choice to defer payment of tax on stock option benefits; tightening employer obligations to withhold tax from employee cash remuneration when employees exercise options; and forcing employers to choose between the continuing favourable stock option treatment for employees on the cash-out of options and deductibility of cash payment as an expense for the employer.

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Franchising and Change in the Hotel Industry

This article focuses on how changes to franchising have affected the hotel business, an industry that is becoming increasingly competitive and challenging with more of an emphasis on branding, loyalty programs, reservations systems and categorization than on traditional franchise issues such as franchisee selection, training and support.

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Are you a "Steward" under Ontario's Blue Box Program?

This article discusses the obligation of certain franchisors to register as a "steward" under Ontario's Waste Diversion Act. Stewardship Ontario was created to ensure that specified companies that introduce packaging and printed paper into the Ontario consumer marketplace share in the funding of "blue box" recycling programs. There are obligations imposed on a franchisor should it be designated a Steward under the Blue Box program to make payments on its generated waste as discussed in the article. Such obligations may also oblige non-designated franchisors whose annual revenue and generated waste meet the prescribed criteria for registration.

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The Uses and Abuses of the Precautionary Principal

This article focuses on the employment of the pre-cautionary principles by regulators. Gowlings partner and former regulator, Ron Doering, points out that the principle is of limited value (it can be used both to ban a product or process to prevent harm and to promote the use of the same product or process to avoid a different injury) and may stifle innovation or be used to disguise economic tactics by government use of non-economic rationale.

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New Guidelines for "Specialized Knowledge" Intra-Company Foreign Employee Transfers to Canada

The Foreign Worker Manual maintained by Immigration Canada sets out temporary foreign worker and business visitor guidelines for immigration officers. This article and the article in the next digest discuss recent modifications to the Foreign Worker Manual. This article describes modifications made to the Manual to provide more clarification as to what constitutes eligibility as a "specialized knowledge" worker under the North American Free Trade Agreement and Immigration and Refugee Protection Act (Canada) work permit categories.

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New Guidelines for Intra-Company Foreign Employee Transferee Work Permits for Start-Ups

The second change to the Foreign Worker Manual described in the prior article involves the addition of guidelines for assessing start-up situations for intra-company transferee category work permit applications. The special rules for start-ups detailed in the article have been instituted to ensure that the intra-company transferee category is not used as an improper means to obtain work permits where there is no intention to have a real business within Canada.

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Proving Language Proficiency of Canadian Permanent Resident Applicants

This article is a brief description of the new rules that have been introduced regarding how language proficiency will be assessed for foreign nationals applying for Canada permanent resident status.

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Clarification of Continuous Full-time Employment for Permanent Resident Applications

As of January 2010, requirements under the Federal Skilled Worker program for Permanent Resident applicants have been updated such that the requirement for having one year of continuous full-time employment or equivalent paid work experience now means that an applicant may use any combination of full or part-time work experience in more than one eligible occupation. Further information can be accessed through this article.

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Canada and British Columbia Sign New Immigration Agreement

The Province of British Columbia has obtained agreement of the federal government that British Columbia will be able to recommend the issuance of work permits to some temporary foreign workers or groups of temporary foreign workers belonging to a specific occupational group where skill and labour shortages exist in the province, without first requiring a labour market opinion from Service Canada.

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A Tale of 26 Lubricated Seals: The Supreme Court of Canada Provides Clarity on the Exclusion for "Faulty or Improper Design"

This case comment summarizes the Supreme Court of Canada (SCC) decision in Canadian National Railway Co. (CNR) v. Royal and Sun Alliance Insurance Co. of Canada which involved the applicability of an "all risk" insurance policy to an improperly designed tunnel boring machine. The faulty design led to a delay in a construction of a tunnel. CNR claimed under its insurance but coverage was denied. The majority of the SCC held that when insuring something that has never been built before, it will be covered despite any exclusion for "faulty or improper design", as long as it was built to the state of the art at the time. The case comment discusses the basis for the decision at the trial court and the Court of Appeal as well as both the opinion of the majority and the contrary opinion of the dissenting SCC justices.

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The Supreme Court of Canada's Decision in Co-Operators Life Insurance v. Gibbens

Does an unexpected bodily injury which is caused by a disease that is transmitted through natural processes constitute an accident that triggers coverage under a group policy? In the recent decision of the Supreme Court of Canada (SCC) in Co-Operators Life Insurance v. Gibbens, the SCC held that the contracting of herpes through unprotected sex that resulted in paralysis is not an accident. The SCC in so deciding overturned both the trial and appellate court decisions.

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Risk Management – A Hot Topic

Topical news stories such as the H1N1 pandemic, financial scandals, the Great Recession, etc., all reflect pre-existing risks that suddenly materialized. With regulators looking to Boards of Directors to ensure compliance and disclosure of risks to their stakeholders, this is a timely article which discusses risk management under the following headings, (i) how to identify risk, and (ii) how to better manage risk.

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A Refresher on Settlement under the Minors' Property Act (Alberta)

This article is a refresher on settlement of minors' claims under the Alberta Minors' Property Act and a reminder that even if the settlement is for a small amount, a defendant cannot rely on the "small obligations" provisions of the statute but, rather, must continue to obtain court sanction.

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Insurer Estopped From Denying Coverage

This article summarizes the Supreme Court of Canada (SCC) decision in Wawanesa Mutual Insurance Company v. Buck (Wawanesa), in which the SCC dismissed an application for leave to appeal in an insurance coverage dispute. Wawanesa demonstrates that courts will not uphold an insurer's ability to rely on a policy breach if the insurer and its legal counsel have not diligently investigated the circumstances of the claim and promptly informed the insured that the insurer will be relying on the policy breach to support an off-coverage position.

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Ontario Government Reforms to Ontario's Prescription Drug System Announced

On April 7, 2010, the Ontario Government announced plans for further reforms to the prescription drug system in Ontario. Proposed changes detailed in this article include: reducing cost of generic drugs to 25% of original brand name prices; addressing "professional allowance" payments by generic drug companies to pharmacy owners; increasing pharmacist dispensing fees and payment for additional patient services; supporting access to pharmacy services in rural communities and under-serviced areas with new dedicated funding. Opposition by pharmacies and generic pharmaceutical manufacturers has been vociferous. Draft regulations which are linked to this article were released on April 8, 2010, for comment by May 8, 2010.

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Regime Change: Application of Section 116 Certificate Process Limited by the 2010 Federal Budget

The 2010 Budget tabled by the Canadian federal government has proposed significant changes to the rules applicable to non-residents that dispose of certain taxable Canadian property. Section 116 of the Income Tax Act (Canada) imposes rules regarding clearance certificates required to be issued upon the disposition of "taxable Canadian property" by a non-resident. By re-defining "taxable Canadian property" in a way that reduces what is included under this definition, the Section 116 filing requirements were eliminated for a significant number of transactions. This article expands on the previous discussion of the proposed amendments to discuss the process for obtaining a certificate for dispositions still caught by the provision and sounds a note of caution even with respect to dispositions now apparently excepted.

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B. OTHER RECENT PUBLICATIONS BY GOWLINGS PROFESSIONALS

Feeling Full Satisfying Hunger

This article authored by Gowlings' Ron Doering critically discusses the approach taken by the Canadian Food Inspection Agency to the regulation of claims of producers that their product reduces versus manages hunger with different regulatory results. Analogous claims for other types of food ingredients are coming.

More

Doing Business in Canada: Advertising

Brenda Pritchard provides a survey of the regulation of advertising and promotions in Canada under the headings, Packaging and Labelling, IP and Copyright, Contests and Promotions, Canadiana Issues, Advertising in Québec and Reach Your Audiences with Gowlings.

More

Doing Business in Canada: Franchise Law

Canada is the leading foreign destination for expanding U.S. franchises and a preferred entry to the North American market by many foreign franchises. Franchise specialists, Ned Levitt and Len Polsky, survey what a foreign or U.S. franchisor needs to know before entering the Canadian market with respect to trademarks, taxation, franchise disclosure legislation, supply chain considerations, franchise agreements, franchising in Québec and information on the Gowlings franchise practice.

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Doing Business in Canada: Employment and Labour Law

Most businesses in Canada are governed by provincial law rather than federal statute which applies to employees of the federal government or federally regulated businesses such as banks and railways. Employment Law partner, Hugh Christie, outlines those provisions, which are fairly uniform across the country under the headings, Termination and Dismissal, Restrictive Covenants, Government Programs, Alcohol and Drug Testing, Unionized Labor Relations, The View from Québec and National Scope and Multi-jurisdictional Insight with Gowlings.

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Doing Business in Canada: Québec

The Province of Québec offers abundant opportunities to foreign businesses to locate in the province. Predominantly francophone and adhering to a Civil Code rather than the common law, Québec may offer an environment unique in North America in which to conduct business. Gowlings Montréal based partners, Michael Garallek and Martine Guimond, provide a primer on a number of areas that are unique to the province, namely, employment rights and labour law, contracting, partnerships and warranties, privacy laws, tax and incentives, use of French language and Doing Business in Québec with the assistance of Gowlings.

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Can a Franchise be a Security?

Partners, Ned Levitt and Jason Saltzman, have authored a research paper addressing whether there are circumstances when a franchise could be considered a security within the meaning of securities regulation legislation. Both Canadian and U.S. case law is examined for indicia that could lead a Court to determine that a franchise agreement is an investment contract requiring compliance with the applicable Securities Act.

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Getting the Deal Through – Private Equity 2010

This article on private equity has been authored by a multi-disciplinary team comprising partners from each of Gowlings' financial services, tax and securities practices. Private equity transactions in Canada are discussed under some 20 headings including corporate governance, disclosure, timing, purchase agreements, participation of target company's management, tax, debt and equity financing, shareholders agreements, exit strategies, accounting considerations and cross-border considerations and financing syndicates.

More

2010, A Year of Big Decisions in Intellectual Property

Gowlings trademark and patent specialists, Rob Macdonald and Konrad Sechley, have put together a paper summarizing significant judicial decisions that were released in 2009 in Canada the practice of patent, copyright and trademark law.

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C. COURSES AND SEMINARS CURRENTLY OFFERED BY GOWLINGS

2010 Gowlings' Annual Taxation Law Seminars, Cross-Canada

Gowlings' complimentary Taxation Law seminars are presented by professionals who are recognized as leaders in their field. Join us for breakfast to examine new developments in tax law that will affect you and your business. These seminars, hosted in our offices in cities across Canada, cover a broad range of subjects including directors' liability, loss utilization and HST.

The first seminar takes place in Hamilton on May 5 followed by seminars in Waterloo (May 6), Toronto (May 7), Ottawa (May 14), Calgary (May 19) and Vancouver (May 20). The date of the Montréal seminar has not been set but if interested check the link in a few days.

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Complying with Bill 168, Ontario's New Workplace Violence and Harassment Legislation

Bill 168, An Act to amend the Occupational Health and Safety Act (Ontario) with respect to violence and harassment in the workplace will come into force on June 15, 2010. This half day seminar, presented by Gowlings' lawyers and OHS Consultants will be presented in 14 locations across Ontario between May 18 and November 30 this year, will provide a detailed legal analysis of Bill 168 and outline a practical plan for compliance. Employers of more than 5 employees are required to conduct a workplace violence assessment and have in place a workplace violence/harassment policy by June 15. Details of dates and locations in cities across Ontario are provided in the link below.

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Gowlings Legal Seminars for Manufacturers, Ontario

Gowlings is presenting complimentary breakfast seminars in Markham and Cambridge Ontario entitled, Leading with Your Chin Hurts : Dealing Quickly and Effectively with Troubled Customers and Suppliers.

These seminars will examine several subjects of interest to a manufacturer in these times of economic volatility including the impact of the failure of a supplier or customer, securing critical supplies, collecting payment and outsourcing strategies.

The first seminar will be held in Markham on May 12 repeated by a session in Cambridge on May 13, and a second series in Markham on June 10 and Cambridge on June 11.

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D. GOWLINGS MULTIMEDIA RESOURCES OF INTEREST TO SENIOR EXECUTIVES AND GENERAL COUNSEL

Occupational Health and Safety Group Podcasts

Gowlings' Occupational Health and Safety Group presents OHSLAWTM - Podcasts. OHSLAWTM - Podcasts provide up-to-date information on legal developments across Canada, discussion, and facts related to OHS and workers' compensation matters across Canada. Each 10-15 minute episode is free and can be shared with others. Over twenty OHSLAWTM - Podcasts are now available.

The April 2010 podcast features an interview with Counsel for the United Steelworkers regarding its private criminal prosecution of Weyerhaeuser in response to a 2004 worker death and a discussion whether an employer can undertake a single risk assessment covering several workplaces under Ontario's new Workplace Violence and Harassment legislation.

More

Gowlings Trendwatch

Current videos and accompanying articles by Gowlings partners on current and forecast trends in the law that are available in Trendwatch include HST, distressed M&A, advertising law, class actions, bilateral trade negotiations with the European Union and rising risk of corruption.

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Whiteboard Tech Law

Brief videos by Gowlings professionals are available on an array of legal topics of interest affecting not only technology companies but other enterprises, including tips for start-ups, protecting intellectual property, outsourcing agreements, venture capital, advertising regulation, securities issues and much more.

More

Corporate Digest @ GOWLINGS is a compilation of previously published Gowlings articles and news items that may be of interest to executives and corporate counsel.

You can also subscribe to any of Gowlings' other electronic or print publications, each of which focuses on a specific area of the law.

Gowlings publishes a variety of national publications for its clients, covering a wide range of issues: environmental, advertising, employment and labour, energy, infrastructure, intellectual property, securities regulation, government relations, privacy and much more.

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Events from this Firm
16 Jan 2018, Seminar, Birmingham, UK

Join Gowling WLG's pensions team as they explain some of the biggest challenges facing trustees and employers in the coming year and provide practical ways of dealing with them.

23 Jan 2018, Seminar, London, UK

Join Gowling WLG's pensions team as they explain some of the biggest challenges facing trustees and employers in the coming year and provide practical ways of dealing with them.

25 Jan 2018, Seminar, Birmingham, UK

2018 is set to be another big year in employment, with employers set to face new challenges and responsibilities. At our event, looking ahead to next year, we will be discussing four key issues you might face in 2018, providing useful tips and answering your questions.

 
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    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

    Registration

    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

    Cookies

    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

    Links

    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

    Mail-A-Friend

    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

    Emails

    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .

    Security

    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at enquiries@mondaq.com.

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions