Proposed Changes to the Federal Environmental Assessment Regime and Creation of the Canadian Energy Regulator

On February 8, 2018, the Minister of the Environment and Climate Change tabled Bill C-69 (the “Bill”). The Bill has three main thrusts: (i) repeal of the Canadian Environmental Assessment Act (2012) and its replacement by the new Impact Assessment Act; (ii) creation of the Canadian Energy Regulator (the “CER”) to replace the National Energy Board, and (iii) amendments to the Navigation Protection Act, including a change in its title to the Canadian Navigable Waters Act. According to the government’s timetable, the new statute is to come into force in the spring of 2019.

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Imposing a Period of Refresher Training: Exercise of the Discretionary Power of the Executive Committee of a Professional Order

On December 21, 2017, in the matter of Neumann v. Collège des médecins du Québec, the Quebec Superior Court rendered an interesting decision regarding the power of the executive committee of a professional order to require one of its members to take a period of refresher training.

The facts underlying this instance of judicial review are relatively straightforward.

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The Obligation to Act in Good Faith in the Context of an Oppression Remedy Under the Quebec’s Business Corporations Act

In its decision in Quigley v. Placements Banque Nationale Inc. et al. rendered on January 15, 2018, the Quebec Court of Appeal upheld a judgment by Quebec Superior Court Justice Louis Gouin dismissing the action of the plaintiffs, former employees of Gestion de portefeuille Natcan Inc. (“Natcan”), brought pursuant to sections 450 to 453 of Quebec’s Business Corporations Act (the “QBCA”).

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Cannabis Producers: Health Canada Specifies Certain Future Regulatory Obligations Following Public Consultations

On March 19, 2018 Health Canada published a document entitled “Proposed Approach to the Regulation of Cannabis: Summary of Comments Received During the Public Consultation”. The document briefly reviews the approaches proposed by Health Canada in November 2017, and summarizes the comments received by stakeholder communities most directly affected by the proposed regulations. More importantly, in this publication Health Canada confirms several regulatory approaches and specifies the scope of the regulatory framework in greater detail.

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Amendments to the Labour Standards Act: Overview of the Draft Bill

Since 2003, the Act respecting labour standards (the “Act”) has undergone very few amendments. On the whole, employers’ obligations and the rights of employees have hardly changed. Over the last several months however, the Liberal government has intimated that a reform of the Act was imminent. Finally, yesterday afternoon the government tabled Bill 176, entitled An Act to amend the Act respecting Labour Standards and other legislative provisions mainly to facilitate family-work balance (the “Bill”).

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Obligation to Disclose a Surety Bond to Potential Beneficiaries

Is the Decision in Valard Construction Ltd v. Bird Construction Co. Really Revolutionary in Quebec?
The Supreme Court of Canada recently ruled on the obligation, whose existence and degree of intensity vary according to the circumstances, to disclose the existence of a surety bond for construction wages and materials to potential beneficiaries, pursuant to general principles of Common Law trusts and equity that do not apply, or at least not in the same way, in Quebec.
After analyzing the decision, we will review the state of the law in Quebec in this regard.

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