Earlier this year, Canada’s federal government released the latest revisions to the Trademarks Act (the “Act”) and Regulations — a key step towards implementing the most significant changes to the Canadian trademark regime in half a century. After many false starts, it was announced that Bill C-31 (to amend the Act as part of a …
Key Business and Legal Considerations for Franchising Retail Cannabis Distribution
The movement towards the legalization of recreational cannabis has been greeted by the business world with the raptures reminiscent of the U.S. gold rush of the 19th century and the worldwide dot-com fixation of the 20th century. As governments try to figure out what controls they wish to impose on production, quality, location of retail …
Ontario’s Private Retail Cannabis System: Licensing Process, Restrictions on Licensed Producers and Implications for Retail Locations on First Nations Lands
UPDATE: effective the evening of December 13th, 2018, the Ontario government has taken a different approach to the retail cannabis licensure process as a result of the legal cannabis supply shortage across Canada. In lieu of the unlimited number of applications that were to be accepted on December 17th, 2018, the regulator will be accepting …
What’s Old is New Again in Ontario with Bill 47’s Sweeping Employment Law Changes
On June 1, 2017, following two years of consultation, Ontario’s Liberal Government unveiled the Fair Workplaces, Better Jobs Act, 2017 (“Bill 148”), which introduced some of the widest-sweeping changes to Ontario’s employment legislation in the province’s history. The changes did not last long; less than one year after Bill 148 was passed, Premier Doug Ford’s …
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Key Considerations For A Franchisor Exit Strategy: The M&A Deal
Acquisitions of other businesses, to strategically grow an existing business or as a financial investment aimed at earning a good return, have been around since the beginning of modern commerce. However, historically, franchise companies grew organically, with traditional financing, as needed. Exit strategies for the entrepreneur-franchisor were often very low on the strategic plan. Today, …
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What Does a Business Setting Up in Canada Need to Know About Canada’s Tax Rules?
Canada’s tax rules are complex and subject to change. The information contained herein is not, and is not intended, to be a comprehensive overview of Canada’s tax system. Canada’s federal income tax system for businesses and individuals is governed by the federal Income Tax Act (Canada) (“ITA”) and its regulations. Businesses operating in Canada might also be affected by …
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The Top Trends in Cross-Border M&A: What to Watch For
In the first half of 2018, according to a report by PWC Canada, mergers and acquisitions (“M&A”) activity in Canada hit $93 billion. This is largely attributable to increased activity in the cannabis, technology, real estate and energy sectors. This trend is likely to continue for the rest of the year despite the current climate …
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U.S. Ban for Canadian Cannabis Workers?
On October 17, 2018, Canada became the second country behind Uruguay to legalize adult recreational cannabis use, while the U.S. federal law on the topic remains stuck in a political rut. This development should increase the number of Canadian nationals facing potential bars to admission to the U.S. In most cases, the rumored “permanent bars” …
What Cross-Border Employers Need to Know About Applicant/Employee Background Checks
When it comes to being a cross-border employer, there are plenty of Canadian and United States laws to consider, and some of those laws regards how to conduct proper applicant/employee background checks. This piece reviews a number of background check nuisances as they exist in the United States versus Canada including: (1) How the Law …
THE UNITED STATES-MEXICO-CANADA AGREEMENT (USMCA) – WHAT YOU NEED TO KNOW NOW
The United States, Canada, and Mexico reached a trilateral agreement as part of the renovation of the North American Free Trade Agreement (NAFTA) on September 30, 2018. Preliminarily styled the United States-Mexico-Canada Agreement (USMCA), the text is available at https://ustr.gov/united-states-mexico-canada-agreement-text. The negotiators from all three countries deserve high praise for their efforts to conclude the …
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