On September 30, 2104, the Minister of Justice introduced Bill n°14: An Act to amend the Code of Civil Procedure and other provisions seeking principally to increase the ceiling of the jurisdiction of the Small Claims Division of the Court of Quebec from $7,000 to $15,000, and diminishing accordingly the jurisdiction of the Court of Quebec.
Clients often ask us to review the clauses in their sale contracts or various standard-form contracts that stipulate late-payment penalties.
The Integrity in Public Contracts Act, assented to by the Quebec legislature on December 7, 2012, amended, inter alia, the Act respecting contracting by public bodies so that authorization from Quebec’s financial markets regulator, the Autorité des marchés financiers (the “AMF”), must now be obtained by any business enterprise seeking to enter into a public contract or subcontract, for an amount determined by the government. Such authorization effectively certifies that the enterprise in question satisfies the high standards of integrity that the public has the right to expect from them. These new provisions apply to the entire public sector, including Crown corporations and municipalities.
For some months now, Quebec’s construction-industry regulator, the Régie du bâtiment du Québec (the “RBQ”) has increasingly been seeking penal sanctions against contractors for false statements made to the RBQ when applying for, renewing or modifying their contractor’s licences. Have you reviewed your completed form before sending it to the RBQ?
Diversity and the equal representation of men and women on corporate boards of directors are of increasing interest to investors, Canadian financial-market regulators and the general population.
An Employer Can File a Counterclaim Against an Employee in an Action Brought by the Labour Standards Commission on the Employee’s Behalf
In the matter of Commission des normes du travail v. Compagnie d’assurances Standard Life du Canada, the Court of Québec had to decide whether an employer could file a counterclaim against an employee in proceedings in which Quebec’s Labour Standards Commission (the “Commission”) was suing the employer on behalf of the employee. It should be noted that the majority of the Court’ of Québec’s previous decisions were to the effect that it could not, despite the fact that the Court of Appeal had previously suggested that an employer could do so.