In brief The Government of Canada recently passed Bill C-34, the National Security Review of Investment Modernization Act (“Bill C-34“), marking a turning point in the review of foreign investment in Canada. Bill C-34 enhances the Canadian government’s national security review powers under the Investment Canada Act (“ICA“) and introduces mandatory pre-closing filings for certain investments. The
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Canada: Quebec’s Bill 96 Part 2 – Employment and commercial contracting requirements (Video Chat)
In brief Quebec’s Bill 96 significantly expanded existing French language requirements under Quebec’s Charter of the French language, including new translation requirements for a wide range of employment documents. Similarly, the treatment of commercial standard form contracts (or contracts of adhesion) must now be translated into French first, even if the parties agree to proceed in…
Canada: ADvantage – How recent competition act amendments impact advertising and marketing
In brief Significant reforms to the Competition Act (the “Act”) introduced in the last two years and culminating in pending amendments introduced last fall represent the most comprehensive changes to the Act in over a decade. In this latest installment of ADvantage, we examine in particular how proposed amendments under Bill C-59, Fall Economic Statement Implementation Act, 2023 (“Bill…
Canada: Enhanced scrutiny of foreign investment in the interactive digital media sector
In brief Canada has announced two complementary policies that will subject foreign investment in the interactive digital media (“IDM“) sector to enhanced scrutiny under the Investment Canada Act (“ICA“). IDM relates to digital content and/or digital environments where users can participate or collaborate, including certain mobile apps, video games, and virtual reality platforms. The Minister of Innovation,…
Revised Guidance on Supply Chain Reporting Due May 2024
On March 7, 2024, Public Safety Canada updated its Guidance on the application of Fighting Against Forced Labour and Child Labour in Supply Chains Act (Supply Chains Act.) The updated Guidance is available online here. Businesses operating in Canada are encouraged to review the key changes summarized below, to confirm that its assessment of reporting…
Competition Act and Investment Canada Act financial thresholds for review confirmed for 2024
In brief The Government of Canada has announced the 2024 financial thresholds for pre-merger notification and clearance under the Competition Act, and for pre-closing, “net benefit” review and approval under the Investment Canada Act (“ICA“). While the Competition Act “size of transaction” financial threshold remains the same, the ICA financial thresholds have increased. Significantly, this is the third…
Canada: Quebec’s Bill 96 Part 1 – Trademarks plus Advertising & Marketing (Video Chat)
In brief It is crucial for businesses operating in the Province of Quebec to gain a solid understanding of the province’s new strengthened French language requirements introduced by Bill 96, as well as recently proposed draft regulations. The introduction of the draft regulations is particularly important for brand owners and manufacturers selling into the province…
Canada: Proposed Competition Act amendments will create new but uncertain form of class proceeding
In brief The Canadian government continues to propose and implement major legislative reforms that will dramatically change Canadian competition law and policy.1 Newly proposed amendments to the private access provisions of the Competition Act (“Act“) are the latest examples of this and will have a significant impact on businesses operating in Canada – including their potential litigation exposure…
Canada: Abuse of dominance takes center stage in the latest round of amendments to the Competition Act
In brief Long-awaited reforms to the Canadian Competition Act (“Act“) have arrived and represent the most comprehensive amendments to the Act in over a decade. Recent and proposed amendments to the abuse of dominance provisions are likely to have a significant impact on how businesses operating in Canada assess and manage risk. The first amendments to the…
Canada: Merger review developments for 2024
In brief Modernization of Canadian competition law and foreign investment review is well underway. Recent and further proposed legislative amendments will impact how dealmakers assess substantial and procedural regulatory risk for mergers. This update summarizes the recent legislative amendments to the Competition Act (“Act“) that came into effect on 15 December 2023 and proposed legislative…