Our 2025 Outlooks for Canadian Tax and Competition, New Greenwashing Guidelines and more: February Timely Topics
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. Please contact us if you have any questions on the topics below.
Here are this month’s trending topics:
Tax
Tax Perspectives: Review of 2024 & 2025 Outlook
There were several significant changes to Canada’s tax regime in 2024, and other major proposals like the increased capital gains tax rate and expanded clean economy tax credits signalled the federal government’s appetite for more. With Parliament’s prorogation, however, the future of these and other initiatives are uncertain.
To help businesses effectively plan for these changes and navigate the uncertainty, our National Tax Group has published its annual Tax Perspectives: Review of 2024 & 2025 Outlook. The publication reviews implemented and planned proposals in legislation, rules, regulations, and judicial law, with in-depth insights from our leading lawyers in the space.
Our highly anticipated annual Outlook series equips you with the insights you need to stay competitive in the year ahead. Keep an eye out for upcoming releases on technology, procurement, and power.
Competition/Antitrust & Foreign Investment
Competition/Antitrust & Foreign Investment Outlook 2025
Canada continued to reshape its regulatory frameworks in 2024 through major amendments to the Competition Act and Investment Canada Act. The next 12 months will test how the government intends to use its amended and expanded toolkit.
To help businesses operating in Canada respond to these changes and a prevailing pro-enforcement environment, we have published our annual Competition Outlook. It features in-depth strategic insights into legislative amendments and other significant developments, helping you to confidently manage risks and seize opportunities this year.
Our highly anticipated annual Outlook series equips you with the insights you need to stay competitive in the year ahead. Keep an eye out for upcoming releases on technology, procurement, and power.
Labour and Employment
Bill 68: When and How can an Employer Request a Medical Certificate
The Quebec National Assembly has passed legislation changing how employers may manage employee absences, particularly for illnesses. Among other provisions, the modifications impose restrictions on requesting documents attesting to the reasons of the absence, such as medical certificates, and introduce changes to what benefits providers can request from beneficiaries.
The changes are relevant to all employers, whether unionized or not, but self-insured employers should pay particularly close attention. Our overview will help affected parties understand these developments. We will continue to report on this evolving area.
Expect more news on these developments as they pass through the courts in coming months. To understand your new obligations and amend your policies where needed, speak to a member of our National Labour and Employment Group.
Competition/Antitrust & Foreign Investment
Competition Bureau Releases Long-Awaited - if Provisional - Greenwashing Guidelines
Important legislative amendments to the Competition Act in June 2024 included the codification of deceptive marketing provisions focused on environmental claims. The Competition Bureau recently published draft enforcement guidelines, articulating its likely enforcement posture in 2025 and beyond.
In this article, we assess the draft guidelines and what they may mean for the Competition Bureau’s greenwashing enforcement activity moving forward.
The evolving enforcement risks around greenwashing require businesses in Canada to understand recent changes and how the Competition Bureau will enforce them. Our Competition/Antitrust & Foreign Investment Group working with our ESG and Sustainability Group can help you navigate this evolving regulatory landscape.
Podcast
Appealing Briefs – Episode 14 : RH20
How can a party to an arbitration agreement lose the right to enforce that agreement in court?
On the latest episode of Appealing Briefs, host Adam Goldenberg speaks with McCarthy Tétrault litigation associate Omair Jafrani about the Ontario Court of Appeal’s judgment in RH20 North America Inc. v. Bergmann and the dangers of defending an action in court in the face of an agreement to arbitrate.
This episode qualifies for CPD credits in British Columbia and Ontario.
Adam Goldenberg, litigation partner and host of the award-winning "Law in the Time of COVID-19" podcast, brings his impeccable interview style to this series, with analysis from some of Canada’s brightest legal minds on the country’s most important appeal decisions.
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 marcomms@mccarthy.ca.
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