In our previous bulletins on the duties and responsibilities of directors we looked at the extent of these obligations both from a general point of view and in certain specific situations. These initial articles sought to simplify the norms that govern the work of directors, and to illustrate how they apply in specific contexts. We have already identified some of the risk zones directors have to contend with. These zones contain pitfalls that must be avoided in conducting the day-to-day business of an organization. It is however extremely difficult to do this effectively if prevention and monitoring measures are not in place. That is the raison d’être of compliance programs.
The Reinforced Building Act: Obtaining and Retaining a Contractor’s Licence Has Become More Difficult
On September 4, the Building Act became much stricter regarding the conditions for obtaining and retaining a contractor’s licence. It now gives broad powers to Quebec’s construction regulator, the Régie du bâtiment, requiring stakeholders in the construction industry to be pure as the driven snow.
During the last few years, organizations have used the media to disclose – often considerably after the fact – security breaches that may have compromised the personal information of their clients, due to flaws in their mobile apps, website or internal IT system. However, such public disclosure will soon no longer be sufficient under the upcoming new Canadian legislative framework.
As part of our series of bulletins on the duties and obligations of directors, we will focus on the application of the general concepts of psychological and sexual harassment.
Blockchain technology and its application to cryptocurrencies are becoming increasingly prominent in Quebec. While the technology has been in existence for some 10 years, the development of large-scale real estate projects dedicated to cryptocurrency mining is currently in full swing. The availability of large tracts of land, the relatively cold climate and the low cost of electricity combine to make Quebec a favourable environment for the development and growth of this industry.
Norwich Orders and the Notice and Notice Regime: The SCC Splits the Bill for Compliance Costs Between Copyright Owners and ISPs
On September 14, 2018, the Supreme Court of Canada (“SCC”) rendered its decision in Rogers Communications Inc. v Voltage Pictures, LLC. In sum, the SCC decided that copyright owners must compensate Internet service providers (“ISPs”) for some – but not all – costs incurred in identifying alleged online infringers.