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BANKING & FINANCE

In recent years, national regulators have imposed new regulations on the banking sector to secure their financial health and protect the interests of investors and customers. But these new frameworks make the business of banking more complex, causing institutions to re-assess their business models and pivot to address new challenges and opportunities. McMillan LLP understands the dynamics of this continually evolving landscape and we advise Canadian and foreign banks, trust companies, and other financial services organizations on how to navigate regulations and bring new products and services to market.

McMillan’s banking and finance lawyers have deep industry knowledge and experience; we are committed to staying abreast of any and all changes to financial institution legislation. We understand the challenges and opportunities that these changes can bring and help our banking clients adapt to market dynamics. We advise clients on the necessary regulatory approvals or exemption orders in connection with their Canadian activities, and we have helped a number of foreign banks establish subsidiaries or branches in Canada.

McMillan professionals  support our clients by advising on financial services legislation and regulatory regimes; assisting in dealings with regulatory authorities, including the Office of the Superintendent of Financial Institutions and provincial securities commissions; counselling clients on a full range of financing transactions; advising, planning and implementing merger and acquisition transactions; and advising on a wide range of capital markets transactions.

McMillan helps institutions respond swiftly to market shifts and regulatory changes in insurance, corporate and banking law, while meeting increasingly sophisticated customer needs and rivalling competitive manoeuvres.

McMillan finance, securities and insurance lawyers advise banks, insurance companies, investment dealers and other financial services companies anticipate regulation changes and position themselves for success. In this competitive industry, we tap in to our experience advising on insurance, banking, lending, personal property security, securities, tax and insolvency law to help clients thrive and minimize risk.

McMillan works closely with in-house legal counsel government bodies and regulators. We help clients minimize the risk of banking litigation. When unavoidable, our litigators are highly accomplished at effectively representing and protecting our clients’ interests to preserve reputation and shareholder value.

News

Insights (134 Posts)

Featured Insight

Modernizing the Pre-Authorized Debit Framework: Payments Canada Proposes Welcome Changes

An overview of Payments Canada's proposed changes to Rule H1 and the pre-authorized debit framework.

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Dec 1, 2021
Featured Insight

OSFI Unwinds Capital Distribution COVID Response Measure

The Office of the Superintendent of Financial Institutions announced an end to its COVID-19 response measure relating to capital distributions

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Nov 23, 2021
Featured Insight

Captive Insurance Emerging in Alberta

The Alberta legislature recently proposed captive insurance legislation, expanding insurance options for Alberta businesses.

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Nov 22, 2021
Featured Insight

Mandatory Vaccination Policy: “Reasonable, Enforceable”

A labour arbitrator upheld an employer’s mandatory vaccination policy, finding the policy to be reasonable and enforceable.

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Nov 11, 2021
Featured Insight

Privacy Commissioner Releases More Guidance for Video Teleconferencing Companies

Video teleconferencing companies face unique cybersecurity and data privacy risks. The OPC has new guidance on how these companies can best address them.

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Nov 3, 2021
Featured Insight

Major Canadian Banks Join Net-Zero Banking Alliance (NZBA) — Unpacking the Initiative and Net-Zero Commitments

On the eve of the 2021 United Nations Climate Change Conference, six of Canada’s largest banks announced they had signed on to the Net-Zero Banking Alliance.

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Oct 21, 2021
Featured Insight

Start of a New Term: ARRC Recommends CME Group’s Term SOFR

ARRC formally recommends CME Term SOFR. Term SOFR works similar to LIBOR and is the preferred RFR for business loans.

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Sep 7, 2021
Featured Insight

China’s New Sanctions Blocking Regime: Should Canadian Businesses in Hong Kong Be Worried?

On June 10, 2021, the Standing Committee of the Chinese National People’s Congress passed the Chinese Anti-Foreign Sanctions Law.

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Sep 1, 2021
Featured Insight

Blocked Account Agreements in Canada – Back to Basics

A BAA is useful for lenders relying on cash collateral in secured lending transactions. We discuss the nature and function of BAAs in the common law provinces.

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Aug 31, 2021
Featured Insight

Canada Modifies Belarus Sanctions and Introduces Efficiencies to Report Requirements under Sergei Magnitsky Law

The Canadian government recently introduced modified sanctions against Belarus and efficiencies to report requirements under Sergei Magnitsky Law.

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Aug 23, 2021
Featured Insight

NFTs and Implications Under Canadian Securities Law

This article discusses the treatment of non-fungible tokens (NFTs) as securities and related regulatory considerations in Canada.

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Aug 16, 2021
Featured Insight

Canadians Heading to the Polls in a Federal Election. Is your Business Ready to Comply with the Canada Elections Act and Lobbying Act during the Campaign?

During the election period, for profit and non-profit companies and charities need to be aware of their Canada Elections Act and Lobbying Act obligations.

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Aug 16, 2021
Featured Insight

Beware of Petroleum and Potassium from Belarus! Canada Imposes New Sectoral Sanctions

On August 9, 2021, Canada announced sectoral sanctions under the Special Economic Measures Act (“SEMA”) against Belarus.

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Aug 15, 2021
Featured Insight

Open Banking in Canada: Could 2023 be the Year?

An overview of the Advisory Committee on Open Banking's final report on bringing open banking to Canada.

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Aug 11, 2021
Featured Insight

FSRA Releases Mortgage Brokering Supervision Plan for 2021-22 focusing on Private Lending Practices and Mortgage Administration

FSRA releases mortgage brokering supervision plan for the 2021-2022 year.

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Aug 4, 2021
Featured Insight

Attention Federally Regulated Employers – Canada’s Pay Equity Act Takes Effect August 31, 2021

The Pay Equity Act, requiring federally regulated employers to develop a comprehensive pay equity plan, takes effect on August 31, 2021

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Aug 3, 2021
Featured Insight

Watch as that Trust is Swept Away

Suppliers and subcontractors in the construction industry should be mindful of a recent unreported decision of the Ontario Superior Court of Justice.

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Jul 30, 2021
Featured Insight

The CSA Comes Full Circle to Protect the Vulnerable

Amended regulations by the CSA for registrants to protect older and vulnerable clients.

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Jul 27, 2021
Featured Insight

SOFR Fundamentals: What We Know SO-FAR

SOFR is the preferred USD alternative RFR to LIBOR. We discuss what SOFR is, the types of SOFR, conventions for SOFR, and using SOFR in loan agreements.

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Jul 21, 2021
Featured Insight

“Say on Climate” — Key Considerations in Implementing Shareholder Votes on Climate

Shareholder engagement on climate-related matters continues to grow across the globe, including Canada, these issues are a key focus area for public companies

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Jul 16, 2021
Featured Insight

OSFI Issues Final Guideline E-4 Impacting Foreign Entity Branches to be Implemented by January, 2022

OSFI releases final Guideline E-4 for Foreign Entity Branches replacing existing Guideline E-4A and E-4B.

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Jul 6, 2021
Featured Insight

Is Private Sector Privacy Legislation Looming in Ontario?

Ontario government seeks input on privacy policy proposals, signaling that Ontario private sector privacy legislation may be on the horizon

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Jul 5, 2021
Featured Insight

Amendments to the OHSA Consolidate Reporting Requirements for Workplace Accidents Effective July 1, 2021

The Ontario government introduced amendments to Regulations under the Occupational Health and Safety Act to consolidate accident reporting requirements.

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Jun 30, 2021
Featured Insight

Making Sense of Non-GAAP Financial Measures

Capital market developments from the CSA regarding non-GAAP financial information.

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Jun 30, 2021
Featured Insight

ICMA Green Bond Principles Undergo Minor Facelift

Legal news bulletin discussing recent changes to ICMA Green Bond Principles.

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Jun 17, 2021
Featured Insight

Québec Class action – What’s new? Examination of the defendant at the authorization stage

EIn class actions, the right to examine an affiant is the subject of conflicting case law.

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Jun 14, 2021
Featured Insight

Climate, Credit & Canada – Growth of Green Bonds, Sustainability-Linked Credit and Net-Zero Banking

Climate, Credit & Canada - Growth of Green Bonds, Sustainability-Linked Credit and Net-Zero Banking

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Jun 7, 2021
Featured Insight

Who is Caught by Canada’s New Retail Payment Systems Regulation?

Canada's proposed retail payments systems regulatory regime requires payments service providers to be registered. Who exactly is a payments service provider?

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May 31, 2021
Featured Insight

Canadian Privacy Commissioners Issue Joint Guidance on Vaccine Passports

Commissioners warn that privacy considerations must be “front and centre” as organizations develop and implement vaccine passports in the coming months

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May 25, 2021
Featured Insight

BILL 96 – Top 10 Impacts of the Revised Charter of the French Language on your Business and When to Expect Implementation of Such Revisions

Changes to Québec’s language laws are coming. Here is a top ten list of potential impacts, and the likely timeline and process for adoption.

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May 19, 2021
Featured Insight

Reverse Vesting Orders – A Powerful Tool for Maximizing Recovery in Complex Insolvencies

How reverse vesting orders (RVOs) offer another tool for realizing value for stakeholders in Companies' Creditors Arrangement Act (CCAA) proceedings.

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May 19, 2021
Featured Insight

End of the Bellatrix GasEDI Saga Marks Beginning of Market Fallout

The Alberta Court of Appeal's dismissal of Bellatrix's appeal leaves substantial uncertainty for natural gas market and all derivatives counterparties.

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May 5, 2021
Featured Insight

Closing the Gap: New Proactive Pay Equity Rules for Federally Regulated Employers

Guidance on employers' obligations under the new federal Pay Equity Act and its associated regulations, expected to take effect in late 2021.

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Apr 27, 2021
Featured Insight

Supreme Court of Canada Confirms: Hypothecary Notices In Québec Receiverships Are Here To Stay

Supreme Court of Canada confirms: hypothecary notices in Québec receiverships are here to stay.

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Apr 6, 2021
Featured Insight

FCAC’s Submission on Open Banking: Finding the Right Balance to Achieve Consumer Protection and Broad Financial Sector Participation

The authors discuss the Financial Consumer Agency of Canada's submission to the Advisory Committee on Open Banking.

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Mar 30, 2021
Featured Insight

LIBOR Newsflash: FCA Announces Dates for Official Cessation and Loss of Representativeness of LIBOR

FCA announces dates for the official cessation and loss of representativeness of LIBOR. Implications for Lenders.

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Mar 10, 2021
Featured Insight

Canada Updates Official Terrorist Entities List – What It Means for Your Business

The Canadian government has placed the Proud boys on the list of terrorist entities. This announcement has certain key implications for Canadian companies.

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Feb 23, 2021
Featured Insight

iAnthus Decision Changes the Landscape for Corporate Plans of Arrangement under the BCBCA by Permitting Third-Party Releases

The iAnthus decision affirmed by the Court of Appeal holds that a British Columbia company can use the BCBCA to restructure and obtain 3rd party releases.

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Feb 23, 2021
Featured Insight

LIBOR Newsflash: Announcement on Official Cessation of LIBOR is Expected Soon

IBA and FCA expected to make announcement about the official cessation of LIBOR. Timelines for ceasing new issuances of LIBOR loans.

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Feb 18, 2021
Featured Insight

Best practices for commercial landlords facing tenant insolvencies (adapted to the Province of Québec)

Many commercial landlords are increasingly alarmed that COVID-19 may cause a surge in tenant bankruptcies or restructurings.

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Feb 16, 2021
Featured Insight

2020 Fintech Year in Review: Canadian Regulatory Developments

2020 Fintech Year in Review: Canadian Regulatory Developments

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Feb 10, 2021
Featured Insight

Best Practices for Commercial Landlords Facing Tenant Insolvencies

Many commercial landlords are increasingly alarmed that COVID-19 may cause a surge in tenant bankruptcies or restructurings.

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Feb 4, 2021
Featured Insight

Canadian Banks, BDC and OSFI work together for a seamless launch of the new Highly Affected Sectors Credit Availability Program (HASCAP)

OSFI provides guidance for the capital treatment of loans and BDC guarantees under the new Highly Affected Sectors Credit Availability Program (HASCAP)

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Feb 2, 2021
Featured Insight

New Workplace Harassment and Violence Requirements for Federally Regulated Employees Now in Effect

As of January 1, 2021, federally regulated employers must comply with new requirements imposed by the Workplace Harassment and Violence Prevention Regulations

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Jan 4, 2021
Featured Insight

A Win for Landlords: Letters of Credit and the Autonomy Principle

Five takeaways from 7636156 Canada Inc. (Re), 2020 ONCA 681.

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Jan 4, 2021
Featured Insight

Mandatory Vaccination Policies for Employees: Enforceable or a Shot in the Dark?

There are vaccines, and there will be (at some point) enough for everyone in Canada to receive it. But what happens if your employees refuse to be vaccinated?

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Dec 23, 2020
Featured Insight

The Cessation of the 6-month and 12-month CDOR Tenors

Refinitiv announced that the calculation and publication of the 6-month and 12-month tenors of CDOR would cease indefinitely effective as of May 17, 2021.

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Dec 17, 2020
Featured Insight

‘But to What Effect?’ The Supreme Court of Canada Clarifies the Anti-deprivation Rule in Chandos

The authors discussion of the Supreme Court of Canada's decision in Chandos Construction affirming the anti-deprivation rule and consider its implications

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Nov 16, 2020
Featured Insight

OSFI’s New Draft Guideline E-4 Relating to Foreign Entity Branches: A Comparative Analysis to Existing Guidance

OSFI opens consultation for Draft Guideline E-4: Foreign Entities Operating in Canada on a Branch Basis, which will replace existing guidelines E-4A and E-4B.

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Nov 3, 2020
Featured Insight

OSFI’s New Draft Guideline E-4 Relating to Foreign Entity Branches: A Comparative Analysis to Existing Guidance

OSFI opens consultation for Draft Guideline E-4: Foreign Entities Operating in Canada on a Branch Basis, which will replace existing guidelines E-4A and E-4B.

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Nov 3, 2020
Featured Insight

Canada’s New Cybersecurity Certification Goes Live

The federal government has launched a voluntary CyberSecure program to help small and medium-sized organizations protect against cybersecurity threats

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Oct 13, 2020
Featured Insight

Update: British Columbia’s New Registry of Beneficial Ownership

Update: British Columbia's New Registry of Beneficial Ownership

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Oct 6, 2020
Featured Insight

Mandatory Indoor Face Coverings: What Ontario Employers Need to Know

Mandatory Indoor Face Coverings: What Ontario Employers Need to Know

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Oct 6, 2020
Featured Insight

Sanctions Alert: Canada Reimposes Sanctions on Belarus

Canada announced on September 29, 2020, that it would re-impose more targeted economic sanctions against Belarusian high-ranking public officials

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Sep 30, 2020
Featured Insight

The Splintering of Canadian Insolvency Law: Quebec Court of Appeal Confirms Expiry of Provincial Notice Periods are a Pre-Condition to Appointment of a BIA Receiver

The Quebec court of appeal's ruling in Séquestre de Media5 Corporation has profound implications for the enforcement of secured creditor remedies in Quebec.

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Aug 6, 2020
Featured Insight

Implementing New NAFTA: Agreement on Everything Except the Name!

This article identifies key sectoral and other changes to the NAFTA, which will come into effect on July 1, 2020 through the implementation of the CUSMA.

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Jun 24, 2020
Featured Insight

Material Adverse Effect Clauses in a COVID-19 World

Review and analysis of recent developments where parties try to rely on MAE clauses as a mechanism to avoid closing a transaction.

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Jun 23, 2020
Featured Insight

Construction through COVID-19 in Canada: A Guideline for what each Province and Territory is Doing

How each Province is managing the impact of COVID-19 by restricting construction activities, suspending litigation time periods and recommending H&S practices

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Jun 11, 2020
Featured Insight

Privacy Penalties – Canadian Competition Bureau Wades Into Privacy Enforcement

Organizations operating in Canada are advised to immediately review their privacy-related policies and marketing to avoid false or misleading representations

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May 26, 2020
Featured Insight

Rules for Control of Electronic Chattel Paper – Ontario’s Push to Modernize the Personal Property Security Act

On Friday, May 15, 2020, the electronic chattel paper amendments to the Ontario PPSA finally came into force, nearly a year after receiving royal assent.

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May 18, 2020
Featured Insight

Alberta Government Passes Bill 12, Liabilities Management Statutes Amendment Act, 2020 – What You Need to Know

What you need to know about the Alberta Government's Bill 12 in relation to Liabilities Management Statutes Amendment Act, 2020.

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Apr 21, 2020
Featured Insight

OSFI Outlines Additional Regulatory Adjustments to Foster Financial Resilience and Stability During COVID-19

Further to OSFI's March 27 letter, OSFI announced more adjustments to existing capital requirements for banks and insurers to respond to the impacts of COVID-19

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Apr 15, 2020
Featured Insight

Project Management Amid COVID-19 – The Triage

Best practices for construction project management during the COVID-19 pandemic, and other force majeure circumstances.

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Apr 8, 2020
Featured Insight

The Impact of COVID-19 on the Construction Industry: A Reference Guide to the Changed Landscape

Contractual clauses, Permits & Inspections, Health & Safety, Labour, Litigation, Arbitration & Court Procedures,
Limitation Periods, Liens & Holdbacks

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Apr 3, 2020
Featured Insight

Asking Lenders for Time to Deal with COVID-19 Problems

Guide for borrowers to discussing loan defaults and additional credit support with lenders.

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Mar 31, 2020
Featured Insight

OSFI’s Regulatory Adjustments in Response to COVID-19 Impacts

On March 27, 2020, OSFI announced a number of sector-specific measures to support federally regulated banks, insurers and private pension plans.

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Mar 31, 2020
Featured Insight

Unbearable Lite-ness: Lenders’ Remedies in the Age of Missing Covenants

The author discusses the recent trend toward borrower-friendly loan documents and the remedies available to lenders in Canada.

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Mar 23, 2020
Featured Insight

Where the Restructuring Meets the Road: the Intersection Between Insolvency Proceedings and Construction Law

COVID-19 will strain the construction industry. This bulletin explores how insolvency and restructuring concepts interact with construction law.

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Mar 20, 2020
Featured Insight

Coronavirus: Harbinger of a New (Old) Approach to Restructuring in Canada?

Restructuring options and challenges in the time of COVID-19.

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Mar 20, 2020
Featured Insight

Saskatchewan’s New Year’s Resolution? A New Insurance Act to Ring in the New Year

On January 1, 2020, The Insurance Act (“New Act”) and The Insurance Regulations (“New Regulations”) came into force in Saskatchewan, marking the first major overhaul to Saskatchewan’s insurance legislation in decades

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Feb 27, 2020
Featured Insight

Lost in Transition: Working Through the Silence Surrounding Leasehold Interests in the Construction Act’s Transition Provisions

Lost in Transition - Working through the Silence Surrounding Leasehold Interests in the Construction Act's Transition Provisions

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Feb 27, 2020
Featured Insight

Consumer-Directed Finance: Canada’s Answer to Open Banking

An overview of the Advisory Committee on Open Banking's recent report entitled Consumer-directed finance: the future of financial services.

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Feb 26, 2020
Featured Insight

How Should AI be Regulated in Canada? Speak now, or forever hold your peace!

Many organizations recognize the potential benefits that artificial intelligence can bring to their business. Canadian regulations coming sooner than later.

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Feb 24, 2020
Featured Insight

Can I Tell You Something in Confidence?” Legal Privilege in M&A Transactions

The authors discuss challenges to maintaining legal privilege in M&A transactions. Parties in Ontario can learn from the experience of other jurisdictions.

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Jan 22, 2020
Featured Insight

Challenges and Opportunities for Canadian Investors in Brazilian Insolvency Proceedings: Lessons from the IBA’s 2019 Global Restructuring Conference

The authors discuss unique aspects of Brazil's insolvency regime relevant for Canadian investors, including the role of equity, DIP loans, and jurisdiction.

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Jan 21, 2020
Featured Insight

Under the Influence: The Canadian Competition Bureau’s Stand on Misleading Product Endorsements

The Competition Bureau has sent letters to advertisers and advertising agencies warning them to ensure that their Influencer advertising complies with the law.

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Dec 30, 2019
Featured Insight

Contact Information Posted on Websites Not Necessarily Up for Grabs

Investigation findings of the Office of the Privacy Commissioner highlight issues surrounding the use of personal contact information posted on websites

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Dec 19, 2019
Featured Insight

One-Year Anniversary of Mandatory Data Breach Reporting: Lessons the OPC Has Learned and What Businesses Need to Know

November 1st, 2018 marked a year since reporting data breaches became mandatory under the Personal Information Protection and Electronic Documents Act ("PIPEDA")

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Nov 11, 2019
Featured Insight

Alberta Court of Appeal Ranks CCAA Super-priority Charges Ahead of CRA’s Deemed Trust, but Uncertainty Remains

Alberta Court of Appeal held super-priority charges granted in a Companies' Creditor Arrangement Act proceeding may take priority over statutory deemed trusts claims advanced by the Crown

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Oct 22, 2019
Featured Insight

A Call to Action on Open Banking

On June 19, 2019, the Standing Senate Committee on Banking, Trade and Commerce (“the Committee”) published a report on open banking entitled Open Banking

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Jul 3, 2019
Featured Insight

An Update on the B-20 “Stress Test”

The Office of the Superintendent of Financial Institutions (OSFI) has indicated that Guideline B-20 is working, and that the associated “stress test” has improved the resilience of the Canadian financial system.

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Jun 18, 2019
Featured Insight

Why Rewards Programs may not be so Rewarding for Credit Card Issuers

The Tax Court of Canada (the “Court”) recently confirmed that participation in certain reward and loyalty programs, such as Aeroplan, may have significant tax implications for Canadian banks, and other issuers of credit card products.

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Jun 6, 2019
Featured Insight

Proposed Digital Charter Could Bring Sweeping Changes to Canadian Privacy Laws

On May 21, 2019, the Canadian federal government released a proposed Digital Charter

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May 23, 2019
Featured Insight

Canadian Corporate & Restructuring Legislation: Changes Could be on the Way

Bill C-97 (the “Bill”) was introduced in Parliament to implement the federal budget tabled by the Liberal government on March 19, 2019.

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May 10, 2019
Featured Insight

Financial Institutions: OSFI’s Heightened Cyber Security Incident Reporting Obligations Now In Effect

OSFI published the Technology and Cyber Security Incident Reporting Advisory, which sets out OSFI's expectations for reporting technology and cyber security incidents.

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Apr 8, 2019
Featured Insight

Banking Regulation 2019

Banks in Canada have been continuously recognized as amongst the soundest and safest across the globe.

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Mar 28, 2019
Featured Insight

Open for Business? An Overview of Open Banking in Canada

The concept of open banking is emerging internationally as the potential future of the banking industry

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Feb 22, 2019
Featured Insight

OSFI Boots Up Cyber Safety with its New Advisory on Technology and Cyber Security Incident Reporting

On January 24, 2019, the Office of the Superintendent of Financial Institutions (“OSFI”) published the Technology and Cyber Security Incident Reporting Advisory (the “Advisory”), which sets out OSFI’s expectations for reporting technology and cyber security incidents.

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Feb 6, 2019
Featured Insight

Supreme Court of Canada Allows Redwater Appeal: Regulator entitled to super-priority for abandonment and reclamation costs

Supreme Court of Canada Allows Redwater Appeal: Regulator entitled to super-priority for abandonment and reclamation costs

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Jan 31, 2019
Featured Insight

OSFI adds the Earthquake Exposure Data Return to its Late and Erroneous Filing Penalty Framework

OSFI introduced the Late and Erroneous Filing Penalty ("LEFP") Framework in 2002 as a way to encourage timely and error-free filing.

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Jan 31, 2019
Featured Insight

Government of Canada Proposes Substantial Changes to Federal Employment Standards

Bill C-86 would significantly amend the Code's provisions concerning basic employment standards, non-standard employment relationships and termination.

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Nov 5, 2018
Featured Insight

Trick or…Breach? PIPEDA’s Breach Reporting Requirements Come Into Force on November 1, 2018

This bulletin provides an overview of the new breach reporting requirements.

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Nov 1, 2018
Featured Insight

OSFI’s Revised Corporate Governance Guideline Goes Live

On September 18, 2018 the Office of the Superintendent of Financial Institutions issued the final version of its Corporate Governance Guideline

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Oct 3, 2018
Featured Insight

OSFI Updates its Transaction Instructions for FRFIs’ Purchase or Redemption of Shares and Reduction of Stated Capital

On August 17, 2018, the OSFI revised its transaction instructions relating to the consent and reporting obligations of FRFIs entering into transactions

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Aug 29, 2018
Featured Insight

Inconvenient Termination: The Financial Impact of Terminating Public-Private Partnership (“P3”) Projects

The enormous success of the P3 model in delivering on time and on budget public infrastructure[1] can see troubled waters when new Governments arrive

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Jun 12, 2018
Featured Insight

Getting the Deal Through – Banking Regulation 2018

The Canada chapter in Getting the Deal Through - Banking Regulation 2018 provides an overview of the regulations governing the banking industry in Canada

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Jun 1, 2018
Featured Insight

Insurance Regulators Team Up to Strengthen Consumer Protection

On May 3, 2018, the Canadian Council of Insurance Regulators ("CCIR") and the Canadian Insurance Services Regulatory Organizations ("CISRO") released a joint

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May 31, 2018
Featured Insight

PIPEDA – How to Obtain “Meaningful” Consent, and When Consent is Not Enough

On April 19, 2018, the Canadian Securities Administrators (the "CSA") published new draft rules governing the registration of derivatives market participants.

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May 30, 2018
Featured Insight

Proposed CSA Derivatives Registration Rule Part 1 – Who Must Register

On April 19, 2018, the Canadian Securities Administrators (the "CSA") published new draft rules governing the registration of derivatives market participants.

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May 28, 2018
Featured Insight

Darcy Ammerman wrote about five interest rate provisions to be aware of prior to financing

some of the most important interest rate provisions to be aware of

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May 15, 2018
Featured Insight

New Regulations Add Detail to the Construction Lien Amendment Act

Construction Lien Act changes including the introduction of a prompt payment regime, adjudication, existing holdback, lien preservation and perfection periods, bonding, and trust provisions

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Apr 27, 2018
Featured Insight

Banking Regulation 2018 – 5th Edition

global financial crisis has led to significant regulatory changes (most notably in the areas of liquidity and capital) designed to reduce the risk of another global financial crisis occurring

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Apr 24, 2018
Featured Insight

New Public Disclosure Requirements for Canadian Life Insurers

New Public Disclosure Requirements for Canadian Life Insurers

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Apr 3, 2018
Featured Insight

Budget 2018: Federal Government Targets Transactions by Financial Institutions

Budget 2018 continues the Government's effort to prevent corporate taxpayers (in particular, financial institutions) from engaging in certain transactions.

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Mar 12, 2018
Featured Insight

Key Corporate Governance and Disclosure Developments in 2017

Key Corporate Governance and Disclosure Developments in 2017

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Dec 4, 2017
Featured Insight

Your Halloween Edition: The Ghost of the Terminated GST/HST Deemed Trust

Your Halloween Edition: The Ghost of the Terminated GST/HST Deemed Trust

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Nov 2, 2017
Featured Insight

Proposed PPSA and RSLA Amendments Clarify Debtor Location Rules and Make VINs Paramount for Motor Vehicle Registrations

Proposed PPSA and RSLA Amendments Clarify Debtor Location Rules and Make VINs Paramount for Motor Vehicle Registrations

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Oct 10, 2017
Featured Insight

Divergent Regulatory Approaches to Cryptocurrency Offerings: Developments in Canada, the United States, and China

Divergent Regulatory Approaches to Cryptocurrency Offerings: Developments in Canada, the United States, and China

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Oct 9, 2017
Featured Insight

Ontario Government to Grow LCBO: Recreational Cannabis to be sold at Government Stores

Ontario Government to Grow LCBO: Recreational Cannabis to be sold at Government Stores

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Sep 8, 2017
Featured Insight

Getting the Deal Through – Banking Regulation 2017

Canada has a centrally regulated banking system with a focus on macroprudential regulation and stability of the financial system ...

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Jun 27, 2017
Featured Insight

Investment Canada Act Threshold Increases to $1 Billion (Cdn)

Investment Canada Act Threshold Increases to $1 Billion (Cdn)

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Jun 22, 2017
Featured Insight

Banking Regulation – 4th Edition

Global Legal Insights - Banking Regulation

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Jun 22, 2017
Featured Insight

Appeal Dismissed: Decision of the Alberta Court of Appeal in Re Redwater Confirms Paramountcy of BIA

Appeal Dismissed: Decision of the Alberta Court of Appeal in Re Redwater Confirms Paramountcy of BIA

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Apr 25, 2017
Featured Insight

Bulk or no Bulk – the PPSA is always in style

Bulk or no Bulk - the PPSA is always in style

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Apr 3, 2017
Featured Insight

The Enforceability of Make-Whole Clauses in Bankruptcy

The Enforceability of Make-Whole Clauses in Bankruptcy

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Mar 30, 2017
Featured Insight

CSA Publish Final Proxy Voting Protocols

CSA Publish Final Proxy Voting Protocols

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Feb 1, 2017
Featured Insight

Free Trade Trumps Protectionism

Free Trade Trumps Protectionism

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Jan 23, 2017
Featured Insight

CSA Provides Cybersecurity Risk Disclosure Guidance and Best Practices for Reporting Issuers

CSA Provides Cybersecurity Risk Disclosure Guidance and Best Practices for Reporting Issuers

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Jan 6, 2017
Featured Insight

Government of Canada Provides Valuable Guidance on National Security Review of Foreign Investment in Canada

Government of Canada Provides Valuable Guidance on National Security Review of Foreign Investment in Canada

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Jan 3, 2017
Featured Insight

CSA Publish Update on Cybersecurity for Market Participants

CSA Publish Update on Cybersecurity for Market Participants

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Oct 6, 2016
Featured Insight

OSFI’s Final Guideline on ORM is Less Prescriptive and Levels the Playing Field

OSFIs Final Guideline on ORM is Less Prescriptive and Levels the Playing Field

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Jul 14, 2016
Featured Insight

OSFI Publishes Letter regarding the Tightening of its Supervisory Expectations for Mortgage Underwriting

OSFI Publishes Letter regarding the Tightening of its Supervisory Expectations for Mortgage Underwriting

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Jul 13, 2016
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Perfection is Critical to Maintaining Priority Over Judgment Creditors

Perfection is Critical to Maintaining Priority Over Judgment Creditors

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Jun 17, 2016
Featured Insight

Redwater Appeal Creates Continued Uncertainty for Insolvent Oil and Gas Companies in Alberta

Redwater Appeal Creates Continued Uncertainty for Insolvent Oil and Gas Companies in Alberta

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Jun 4, 2016
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New Rules for Asset Sales by Insolvent Producers (at least for now)

New Rules for Asset Sales by Insolvent Producers (at least for now)

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May 24, 2016
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Safeguarding Data Transfers of Federally Regulated Entities: Within Canada and Beyond

Safeguarding Data Transfers of Federally Regulated Entities: Within Canada and Beyond

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Apr 26, 2016
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OSFI releases guidelines in response to revised Pillar 3 disclosure requirements

OSFI releases guidelines in response to revised Pillar 3 disclosure requirements

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Mar 7, 2016
Featured Insight

Getting the Deal Through – Banking Regulation 2015, Canada chapter

Getting the Deal Through - Banking Regulation 2015, Canada chapter

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Dec 23, 2015
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OSFI Publishes Letter on Plans to Update Capital Requirements for Residential Mortgages

On December 11, 2015 OSFI released a letter notifying stakeholders that it is planning to update the regulatory capital requirements for residential mortgages and home equity lines of credit.

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Dec 21, 2015
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2015 in Review: Significant Increase in Leveraged Investments by the Aboriginal Loan Guarantee Program

2015 in Review: Significant Increase in Leveraged Investments by the Aboriginal Loan Guarantee Program

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Dec 17, 2015
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OSFI Updates Financial Assessment Criteria for Composite Risk Rating

OSFI Updates Financial Assessment Criteria for Composite Risk Rating

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Dec 3, 2015
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Final Demutualization Regulations Published

Final Demutualization Regulations Published

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Jul 27, 2015