Articles

Protection of personal information: Three-year phased implementation after Bill 64 receives assent

On September 21, the National Assembly of Quebec adopted the Act to modernize legislative provisions as regards the protection of personal information. The adoption of this Act puts an end to a lengthy legislative process which started on June 12, 2020 when Bill 64, An Act to modernize legislative provisions as regards the protection of personal information (“Bill 64”), was tabled.  During this process, many amendments were adopted to take into consideration comments received during specific consultations and the clause-by-clause consideration of Bill 64 by the Committee on Institution of the National Assembly.

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Lessons in evidence, procedure and natural justice from the Financial Markets Administrative Tribunal

On June 4, 2021, the Financial Markets Administrative Tribunal (“FMAT”) rendered a judgment on the merits in Autorité des marchés financiers c. Hudson, 2021 QCTMF 33. The FMAT was asked to rule on a public offering to invest in an Iraqi dinar and railway bond operation without an approved prospectus and registration with the Autorité des marchés financiers (“AMF”).

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Impacts of the new Pay Equity Act on the public service and federally regulated companies

On August 31, 2021, the Pay Equity Act, which applies to the federal public service and to federally regulated companies with ten (10) or more employees, will come into force. Adopted in December 2018, it has taken over two years for the regulatory framework necessary for its deployment to be put in place. As a result, impacted federally regulated employers will need to ensure that they are aware of and understand their new obligations in this area. Here is a preview of what is to come.

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Potential impacts of the proposed amendments to the Regulation respecting compensation for adverse effects on wetlands and bodies of water on real estate developers

The purpose of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact is to identify activities that are considered to be of moderate, low or negligible risk. Moderate risk activities that result in environmental impacts and require mitigation measures must be submitted for ministerial authorization. The Environment Quality Act contains specific provisions regarding ministerial authorizations for projects in wetlands and bodies of water (“WBW”).

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Amendments to article 2503 C.C.Q.: revolutionizing insurance in Quebec

The Quebec insurance industry has always been distinct from other Canadian provinces because Quebec insurers are legally required to take up the defence of their insureds and to cover the entire cost of their defence, even in excess of policy limits. These principles set out in arts. 2500 and 2503 of the Civil Code of Quebec are a matter of public policy and are therefore non-derogable, unlike in the common law provinces where the duty to defend is contractual.

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