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.

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?

Payment of the Non-Contested Value of Change Directives

The project owner may generally, through the intermediary of its professionals, make changes to the contracted work.
That right is subject however to the process provided for in the contract documents.