Articles 2019

In an effort to reach its stated goal of net-zero emissions across the country, the Government of Canada has plans to implement a ban on the sale of all gasoline-powered vehicles by 2035. This article explores concerns that Canada is not ready for the mass adoption of EVs. Significant upgrades are needed to EV infrastructure, from chargers to local distribution capacity.

Government incentives and legislation are affecting the market and promoting zero-emission vehicles (ZEVs) including electric vehicles (EVs). Allison Foord and Kristyn Annis offer an update on emerging programs, plans and developments.

On March 3, 2021, the public consultation period for the federal government’s proposed Clean Fuel Regulations ended. The Regulations are intended to contribute to Canada’s reduction of greenhouse gas emissions. This article provides an overview of the proposed Regulations and a survey of their potential impact.

The OSC has finally decided the merits of a class action under the secondary market liability provisions of the Ontario Securities Act. Belobaba, J. began by noting that “leave to proceed will be granted if there is enough evidence to clear the ‘reasonable possibility’ hurdle,” but “when the matter is litigated in full and the plaintiff’s hurdle is the more demanding ‘balance of probabilities’, the defendants may prevail and the securities class action will be dismissed."

It’s now been five months since the federal government announced a proposal to extend the timelines for spending the capital raised via flow-through shares by 12 months. Companies that issued flow-through shares in 2019 relying on the look-back rule are coming up to the deadline (Dec. 31, 2020) by which they are required to have spent all of the funds raised.

Joe Leadbetter is a prospector. With many others, he forms the backbone of Canada’s mining industry.  In Canada – we have what is called a “free entry system”. Prospectors like Joe can enter onto Crown Land and look for minerals. If they find something interesting, they can stake a claim.

Canada’s subsidies of fossil fuels (particularly diesel) support over-fishing by industrial fleets, and undermine the progress of recent amendments to the Fisheries Act to rebuild devastated marine fish and shark populations. More attention and concrete action through World Trade Organization law reform is needed to transition Canada out of fuel subsidies and ultimately enhance fish and shark stocks.

Bill C-86, the Budget Implementation Act, 2018, No. 2, SC 2018, c 27, received Royal Assent on December 13, 2018, and provides for certain amendments to the Canada Business Corporations Act (“CBCA”), which will come into force on June 13, 2019.

The Business Corporations Act of Ontario (“OBCA”) currently requires corporations to prepare and maintain corporate books and records. However, corporations incorporated or continued under the OBCA need to be aware of new onerous amendments to the OBCA which quietly came into force on December 10, 2016.

Secured creditors should engage with the debtor, environmental and insolvency professionals as quickly as possible to protect their investment in collateral. Secured creditors will also need to consider whether it makes sense to risks of regulatory orders if they commence an insolvency process as there is a risk that there will be no distribution to creditors after satisfying environmental obligations.