Publications

On July 11, 2023, the Canadian Ombudsperson for Responsible Enterprise (CORE) announced the initiation of two investigations into allegations of forced labour in the supply chains and operations of two Canadian companies.

When a contractor is asked to submit a bid pursuant to a call for tenders, it obviously must ensure that it holds all the licence classes required for the planned project. Generally, tender documents do not specify the numbers of the required licences, leaving it up to bidders to determine them. The client will, however, require a declaration from each bidder stating that it holds all required licences and is in compliance with applicable legislation. To determine which licences are required, bidders must determine the main purpose of the call for tenders, i.e. the nature of the proposed work. In some cases, each bidder must determine if the licences it holds will allow it to perform the related work, or if it risks being disqualified, or legal sanctions if its bid is successful.

In a previous article, we reported on amendments to the Competition Act pursuant to the Act to implement certain provisions of the budget tabled in Parliament on April 7, 2022, and other measures. These amendments attest to the Canadian government’s intention to modernize Canada’s competition regime and foster a competitive market, by affording workers better prospects for mobility and prosperity. As a central plank of this extensive reform project, undertaken in winter 2022, the government has taken aim at wage-fixing and no-poaching agreements between unaffiliated employers.

On May 15, 2023, the House of Commons passed Bill C-13, An Act for the Substantive Equality of Canada’s Official Languages, which amends various federal laws, including the Official Languages Act, and creates new rights for French-speaking communities across the country. This important legislation modernizes the Official Languages Act, which last underwent major reform more than 30 years ago, and introduces the Use of French in Federally Regulated Private Businesses Act.

The COVID-19 pandemic, combined with an aging population, left Québec struggling with a labour shortage—a gap that was filled by young, unskilled workers. In the process, the significant increase in the number of workplace accidents involving workers under the age 16 prompted social reflection and highlighted the lack of any protective framework for work by children. Until now, there have been few guidelines on such work in Québec, unlike in other Canadian provinces. With no minimum age for access to employment, young children only needed their parents’ consent to be allowed to work.

On June 1, 2023, the Quebec Minister of Justice introduced Bill 29, An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods (the “Bill”), amending the Consumer Protection Act, in the National Assembly with the stated aim of strengthening the legal warranty of quality and ensuring the repairability of commonly used goods.