ArticleCooperative National Securities Regulation Framework Upheld By The Supreme Court Of CanadaNova Scotia has also announced its intention to join the CCMR.CanadaCorporate/Commercial LawMcCarthy Tétrault
ArticleCooperative National Securities Regulator Announces Significant Changes To Implementation MilestonesRepresentatives of the Cooperative Capital Markets Regulatory System ("CCMR") announced last week a number of developments affecting the proposed national securities regulatory framework.CanadaCorporate/Commercial Law
ArticleCSA Issues Guidance Re Continuous Disclosure Deadlines Amidst COVID-19 PandemicOn March 16, 2020, the Canadian Securities Administrators (the "CSA") issued a press release regarding a reporting issuer missing filing deadlines amidst the COVID-19 pandemic.CanadaCorporate/Commercial LawMcCarthy Tétrault
ArticleCSA Sets Out Priorities For 2016-2019The CSA states its strategic objectives without once mentioning the possible impact on it of the proposed national Cooperative Capital Markets Regulatory Authority (CCMRA) some of its members support.CanadaCorporate/Commercial LawMcCarthy Tétrault
ArticleCSA Staff Notice: Frequently Asked Questions for New Insider Reporting RequirementsOn April 30, National Instrument 55-104 Insider Reporting Requirements and Exemptions came into effect, although the new five-day filing deadline for subsequent reports only takes effect October 31, 2010.CanadaCorporate/Commercial LawMcCarthy Tétrault
ArticleFranchise Agreements May Be Assigned to Another Franchisee Without Consent Upon BankruptcyIn January 2010, Ford Motor Company discovered that funds had been misappropriated at one of its franchisees. On the application of one of the franchisee's creditors, a court ordered the franchisee into receivership and held that no agreements then in place (including the franchise agreement) could be terminated without consent of the court.CanadaCorporate/Commercial LawMcCarthy Tétrault
ArticleGood Faith, Honest Performance And M&A: Top 5 Takeaways Stemming From Bhasin v. HrynewExploring the impact on Canadian mergers and acquisitions of the Supreme Court of Canada’s recent recognition of a new common law duty of honest performance.CanadaCorporate/Commercial LawMcCarthy Tétrault
ArticleIFRS Early Adoption Exemption Application — Rationale, Requirements And ProcessIn an earlier issue, we reported on the Canadian Securities Administrators’ Staff Notice 52-320 Disclosure of Expected Changes in Accounting Policies Relating to Changeover to International Financial Reporting Standards — to provide our readers advance notice of the mandatory transition of financial reporting standards applicable to Canadian publicly accountable enterprises from Canadian generally accepted accounting principles (Canadian GAAP) to International Financial Reporting Standards.CanadaCorporate/Commercial LawMcCarthy Tétrault
ArticleIFRS Early Adoption Exemption Application — Rationale, Requirements And ProcessIn an earlier issue, we reported on the Canadian Securities Administrators’ Staff Notice 52-320 Disclosure of Expected Changes in Accounting Policies Relating to Changeover to International Financial Reporting Standards — to provide our readers advance notice of the mandatory transition of financial reporting standards applicable to Canadian publicly accountable enterprises from Canadian generally accepted accounting principles (Canadian GAAP) to International Financial Reporting Standards.CanadaCorporate/Commercial LawMcCarthy Tétrault
ArticleIt's Official! BC Releases Long Awaited BC Franchises Act Regulation!Further to our previous posts the much anticipated BC Franchises Regulation was released today, and it was proclaimed that the Franchises Act, SBC 2015, c 35 will come into force effective February 1, 2017.CanadaCorporate/Commercial LawMcCarthy Tétrault
ArticleMaintaining The Status Quo: Canadian Securities Regulators Confirm No Changes To Current Approach To Determining Director And Audit Committee Member IndependenceThe Canadian Securities Administrators (the "CSA") recently issued Staff Notice 52-330 – Update on CSA Consultation Paper 52-404 Approach to Director and Audit Committee Member Independence (the "Staff Notice"). CanadaCorporate/Commercial LawMcCarthy Tétrault
ArticleOntario's Bulk Sales Act Has Been RepealedPrior to the repeal of the BSA, Ontario was the only remaining Canadian jurisdiction with bulk sales legislation. CanadaCorporate/Commercial LawMcCarthy Tétrault
ArticleOSFI Approves The Use Of Notice-And-Access By Banks And Insurance CompaniesUnder the notice-and-access process, a public corporation can deliver its management information circular and financial statements to shareholders by posting those materials on SEDAR and an alternative website.CanadaCorporate/Commercial LawMcCarthy Tétrault
ArticlePlugging (You Into) Even More Online M&A ResourcesIn our last post, we looked at six traditional resources and more sophisticated paid services that help bring us up to speed in the M&A world. CanadaCorporate/Commercial LawMcCarthy Tétrault
ArticleProposed Amendments To Franchise Legislation In Alberta And OntarioWe encourage franchisors subject to the Ontario franchise legislation to submit any comments before May 2, 2016.CanadaCorporate/Commercial LawMcCarthy Tétrault
ArticleQuébec Business Corporations Act (Bill 63): An UpdateThe Business Corporations Act (Bill 63), a major reform and modernization of the Québec Companies Act, was enacted by Québec’s National Assembly on December 4, 2009 and is expected to come into force in January 2011.CanadaCorporate/Commercial LawMcCarthy Tétrault
ArticleRegulatory Approvals In M&A Deals - Purchasers’ Contractual Covenants Related To Regulatory ApprovalsRecent proposed mergers blocked by the Canadian government and other regulators suggest that the negotiation of the provisions in merger agreements that relate to government and regulatory approvals will become increasingly important.CanadaCorporate/Commercial LawMcCarthy Tétrault
ArticleSeven Considerations For Borrowers Completing An AcquisitionIf your company is considering an acquisition, and it also happens to be a borrower under a credit facility, it is important that you review the credit documentation to ensure that the acquisition will not result in a breach of any of the provisions. CanadaCorporate/Commercial LawMcCarthy Tétrault
ArticleShareholder Activism Goes Mainstream – After The Pershing Square Holdings IPO, Shareholder Activism Should Be On Every Corporation’s RadarShareholder activists are increasingly influential in Canada’s M&A landscape, but expect that trend to intensify with a proposal to list Pershing Square Holdings.CanadaCorporate/Commercial LawMcCarthy Tétrault
ArticleStewardship In The Age Of Algorithms: Why Charity Boards Must Lead On AIAs artificial intelligence reshapes charitable operations, boards face a critical question: is AI governance merely a technical choice or a core obligation of stewardship? CanadaCorporate/Commercial LawMcCarthy Tétrault