Half-Baked: Edibles, Beverages and New Cannabis Products to Be Legalized and Regulated in 2019

On June 14, 2019, Health Canada released the final regulations (the “Regulations”) that will govern the production and sale of additional classes of cannabis products including edibles, beverages, concentrates and cannabis infused topical creams and lotions.

Deloitte published a report earlier this month which valued the market for these new forms of cannabis products at $2.7 billion annually. Consequently, industry actors now have clear guidelines for how to develop new lines of products that will comply with Health Canada’s strict regulatory regime.

Continue reading

Modifications to the Canada Labour Code: Overview of the Amendments on Harassment and Violence in the Workplace

After several drafts, the Canada Labour Code (the “Code”) has undergone a number of amendments, reflecting in particular the Federal Legislature’s intention to eradicate harassment and violence in the workplace, promote improved work-family balance, and protect workers in precarious situations.

This article is dedicated to outlining the recent amendments to the provisions of the Code on harassment and violence in the workplace effected by Bill C-65 (the “Bill”). In an upcoming article, we will elaborate on the changes to the minimum labour standards provided for in the Code.

Continue reading

Conflicts of Interest and Confidentiality: Directors Beware!

The concept of a conflict of interest (art. 324 CCQ) stems from the duty of loyalty, which entails acting at all times in the best interest of the corporation. Despite the theoretical simplicity of this obligation, its practical application is not always straightforward.

Among the obvious pitfalls, one can think of cases where directors would be using confidential information or corporate property for their own benefit, or unduly profiting from business opportunities as a result of their role. A director must avoid placing himself in a position of conflict between the interests of the corporation and his own interests or those of persons close to him. In the event of such a conflict, the director must immediately declare its existence to the board and refrain from taking part in discussions in that regard, and above all from voting on the matter.

But what about more complicated cases like that of a nominee director specifically appointed to the board by one or more shareholders?

Continue reading

No Double Compensation During the Summer for Teachers Entitled to Income Replacement Benefits

On May 30, 2019, Quebec Court of Appeal Justice Suzanne Gagné dismissed the motion for leave to appeal the decision of the Quebec Superior Court in Commission scolaire de la Capitale v. Ferland presented by the Syndicat de l’enseignement de la région de Québec, a union representing teachers in the Quebec City region.

The denial of leave to appeal put an end to a dispute originating with a grievance filed by the union in which it maintained that school board Commission scolaire de la Capitale was not paying a teacher entitled to an income replacement benefit (IRB) during the summer, the equivalent of an income replacement indemnity under the Act respecting industrial accidents and occupational diseases (the “Act”).

Continue reading