Legal basics of procurement – Part 2 (Duty of good faith)

The following article discusses the differences between traditional tendering contracts and request for proposals (or RFPs), in relation to the duty of good faith.

1. What is an invitation to tender?

The formative Canadian decision on the tendering process and …

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Bill C-25 proposes amendments to the Canada Business Corporations Act

Last week, Bill C-25 was introduced which would amend the Canada Business Corporations Act (the “CBCA”) to, among other things, make “majority voting” mandatory for all “distributing corporations” and would require prescribed disclosure on diversity for “prescribed corporations”. …

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Cyber security

Cyber security has been identified as a priority area in the Canadian Securities Administrators (“CSA”) 2016‑2019 Business Plan as well as by some CSA members. Accordingly, the CSA is working to promote cyber security awareness and resilience. More …

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OSC Proposes Rule for Distributions Outside of Canada

The Ontario Securities Commission (the “OSC”) has published for comment Proposed OSC Rule 72‑503 – Distributions Outside of Canada and its related companion policy (the “Proposed Rule”).  The OSC has requested comment on the Proposed Rule by …

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Do you have a workplace harassment policy and program? – It’s a requirement

We take this opportunity to remind you that every employer in British Columbia is required to develop, implement and maintain both a workplace harassment policy and workplace harassment program. This obligation stems from section 115 of the Workers Compensation Act

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Improving your continuous disclosure

Recently, the Canadian Securities Administrators (the “CSA”) released the results of their Continuous Disclosure Review Program Activities for the Fiscal Year that ended March 31, 2016[1]. The goal of the program is to improve the completeness, …

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Electronic Travel Authorizations required for travel by air to Canada as of September 29, 2016

Visa-exempt business travellers, workers, students, and tourists from countries other than the United States will require an Electronic Travel Authorization (eTA) to fly or transit through Canada by air as of September 29, 2016. The leniency period which allows travel …

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Top 5 facts about B.C.’s new property transfer tax on foreign buyers

On July 25, 2016, the B.C. government announced that it is implementing a new property transfer tax applicable to foreign buyers of residential properties. Here are the top 5 things you need to know about the new tax:

  1. What properties
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Do I need a shareholders’ agreement?

A shareholders’ agreement is strongly recommended for privately held companies where there is more than one shareholder. The following sets out certain issues to consider when determining whether a shareholders’ agreement is needed. The issues set out below are in no …

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SEC adopts rules for resource extraction issuers

The Securities and Exchange Commission (the “Commission”) recently announced it adopted final rules to require resource extraction issuers to disclose payments made to governments for the commercial development of oil, natural gas or minerals.

The rules require an …

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