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The most important legal developments in Canada: Timely Topics – June 2024

Timely Topics with McCarthy Tétrault curates the latest market trends on a monthly basis to help you stay informed of developments that can affect your business. This content is current as of June 7, but please connect with us if you have any questions on any of the topics below.

Here are this month’s trending topics:


1) 2024 Federal Budget

2024 Canadian Federal Budget Roundup: Industry Analysis

Budget 2024: Fairness for Every Generation includes numerous measures affecting businesses across Canada, including the increase in the capital gains inclusion rate, billions in funding for AI, expansions for clean energy tax credits and plans to legislate a framework for open banking.

Lawyers from across our industry and practice groups have analyzed these and other initiatives in depth. Their commentary is now available in one place on our website so you can easily find out the details of how your business can respond to the developments.

Access the commentary

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The federal government has laid out its vision for growth and change for the next year. Speak to any of the articles’ authors to find out how your business can capitalize on opportunities or plan to meet new obligations.

2) ESG and Sustainability

Canadian Securities Administrators (CSA) Release Updated Guidance on ESG-Related Investment Fund Disclosure

Canada’s umbrella organization for the provincial and territorial securities regulators, the CSA, has updated its guidance on ESG-related investment fund disclosure. Staff Notice 81-334 (Revised) provides guidance to investment fund managers for correctly classifying their investment funds with additional guidance on policies and procedures, fund names and objectives, disclosure of ESG strategies, and transparency in sales communications.

Senior members of our Securities Regulation and Investment Products Group dive into the Notice’s details to help fund managers accurately classify their fund and ensure ongoing compliance that meets regulatory standards and protects investors.

Read the analysis now (Available in English only)

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A new wave of mandatory and voluntary ESG-related disclosure rules has arrived. Our ESG and Sustainability Group includes partners and senior practitioners from a wide range of practice areas, including the Securities Regulation and Investment Products Group, to give you full coverage for meeting your new disclosure obligations.

3) Retail and Consumer Markets

Final Notice Regarding the Plastics Registry is Issued – Is Your Business Targeted?

Environment and Climate Change Canada confirmed that it is implementing a new federal plastics registry, requiring certain businesses to share information on plastics distributed in the Canadian marketplace. The initiative supports the Government of Canada’s goal of zero plastic waste, with this registry providing consistent data nationally on end-of-life management of plastic products and packaging.

Our review of the Final Notice expands on a previous client alert we published on this matter to help businesses in preparing to submit relevant data.

Read the review (Available in English only)

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The Canadian Government wants to create a circular economy for plastic. Talk to the authors, Martha Harrison, Cindy Vaillancourt or Gajan Sathananthan, to get more information on this initiative and find out how your business can respond.

4) Product Liability and Mass Torts

Key Product Liability Cases: Q1 2024 Update

Stay current on case law developments in product manufacturing and sales in Canada with our Q1 2024 update. The decisions analyzed include:

  • Palmer v. Teva – compensable psychological injury in product liability claims
  • Price v. Lundbeck – issue framing standards for certification
  • Oberski v. General Motors LLC – C$12 million settlement of claims against General Motors
  • Martine v. Wright Medical Technology Canada Ltd. – clarification of recent amendments to Class Proceedings Act, 1992

Download the update

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Product liability and mass torts are among the most serious challenges an organization can face. With lawyers from across Canada in multiple practice areas and industry groups, our Product Liability and Mass Torts Group can help you prepare for and respond to these challenging events while protecting your business and consumers.

5) Intellectual Property

When Using a Patent Isn’t Infringement by “Use”: A Peek into Canada’s Patent Law Pandora's Box

The Federal Court of Appeal has ruled that sharing plans for a project covered by a patent does not constitute infringement if no product has yet been made. The decision creates a wrinkle in the application of patents at the design and ideation stages, outlining a limitation to the afforded protections.

Read our overview of Steelhead LNG v. Arc Resources for a quick synopsis before diving into the court’s reasons.

Read the overview here (Available in English only)

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IP litigation is complex and often goes to the core of a business, threatening your market position and bottom line. With a long history in the practice, McCarthy Tétrault’s IP Litigation Group is unmatched in Canada for its experience and expertise. Contact David Tait or Steve Mason to ensure you’re represented by some of the best IP litigators in the country.

6) Labour and Employment

MT❯ iplus Edition: Maintaining Compliance: Things to Know When Employing Foreign Workers in Canada and Key Recent Updates

As of January 1, 2024, employers must annually review the wages of their temporary foreign workers to comply with wage laws. One in four employers will be randomly audited every year to ensure compliance with applicable programs, meaning employers should operate under the assumption they will be reviewed.

We discuss this development and other general matters to keep in mind to stay compliant with immigration programs. We have also developed a checklist to help you meet your annual obligations under the above new regime.

Access the checklist and read our guidance

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MT❯ iplus, a division of McCarthy Tétrault, is our streamlined immigration law practice that seamlessly meets organizations’ complex immigration needs in a global marketplace. Contact Stéphane Duval to find out how we can help you with an effective and personal touch in business immigration.

This newsletter is designed to provide general information only. This newsletter does not provide legal advice on specific issues. You are encouraged to consult with legal counsel should you require assistance in addressing a particular issue or concern.

Tell us what you think! Do you have feedback for the Timely Topics newsletter or topics you’d like for us to explore? Let us know at [email protected].

◄ May 2024 Edition

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