Project Finance & P3

Net Benefit Reviews Under the Investment Canada Act – Some Practical Thoughts

Glencore plc’s recent approaches to the shareholders of Teck Resources has once again brought the Investment Canada Act into the spotlight.

Secured Lending in Canada: A Guide for U.S. Lenders

A guide to secured lending in Canada; summarizes regulatory matters, tax, security, insolvency and restructuring issues in Canada.

Canada’s Budget 2023: Compromise and Competition – Climate, Carbon and CCfDs

An update on Canada’s Budget 2023 and the future of carbon contracts for differences (CCfDs) in Canada.

Adjudication under the Construction Act: Court Confirms Test to Apply for Judicial Review a “High Bar”

Adjudication under the Construction Act: Court Confirms Test to Apply for Judicial Review a “High Bar” Anatolia Tile & Stone Inc. v Flow-Rite Inc. 2023 ONSC 129.

A Foreign Affair at Home Not Abroad – Canada to Consult on the Merits of a Foreign Agent Registry

Canada announces that consultations on a possible "foreign agent registry" will begin soon. What is that and how is it different from a lobbying law?

Ottawa LRT and the Future of P3s: Public (interest), Private (collaboration) & (meaningful) Partnerships

A summary of the Commission’s key recommendations arising from the Ottawa Light Rail Transit Public Inquiry regarding the public-private-partnership (P3) model.

August 2022 Update: Upcoming Deadline for Pre-Existing Owners to file a Transparency Report on the Land Owner Transparency Registry

The deadline for Pre-Existing Owners to file a transparency report on the Land Owner Transparency Registry will occur on November 30, 2022.

Developers Beware: Changes to O. Reg. 242/08 Under the Endangered Species Act and What They Mean for Projects Already Underway

Companies may be affected by updated requirements under the Endangered Species Act, including prohibitions on harming new species at risk and related exemptions.

June 28, 2024 – CDOR will be no more

CDOR to cease being published after June 28, 2024; Term CORRA to be potentially created; market participants need to prepare for end of CDOR now.

Jurisdictional Battle Over The Environment Continues – Canada’s Impact Assessment Legislation Found Unconstitutional

On May 10, 2022, the Alberta Court of Appeal ruled that the federal Impact Assessment Act and related Physical Activities Regulations are unconstitutional.

Alberta’s New Prompt Payment and Construction Lien Act: What You Need to Know Before August 29, 2022 (Consolidated)

A Primer and Comprehensive Overview of Alberta’s New Prompt Payment and Construction Lien Act. What You Need to Know Before August 29, 2022 (Consolidated)

The Potential Impact of the Ukraine Conflict on Contracts Between Canadian and Russian Companies

Legal tools Canadian companies should seek advice on if they are no longer able perform contractual agreements because of the war in Ukraine

Mandatory COVID-19 Vaccination Policy Upheld

An Ontario arbitrator upheld an employer's vaccine mandate for both a site where a 3rd party obligation existed and a related site with no such obligation.

Ontario Arbitrators Continue to Uphold Terminations of Employees who Breach COVID-19 Safety Protocols

A recent decision by an Ontario arbitrator further affirmed the notion that dishonesty during COVID screening protocols by an employee can lead to termination.

The Quick and Dirty on Phase Two of Ontario’s Excess Soil Regulation

Phase Two of Ontario’s On-Site and Excess Soil Management Regulation took effect on January 1, 2022 introducing a new framework for excess soil in Ontario

A Rock and a Hard Place: Owner, Employer, and Constructor Liability Under the OHSA

Ontario Court of Appeal - construction project liability under OHSA despite retaining a constructor responsible for health & safety.

Construction Remedies On Public Projects: Alberta’s Public Works Act and Comparable Legislation in Other Provinces

This bulletin outlines the key requirements for contractors seeking payment under construction contracts with the provincial government in Alberta and elsewhere

Mandatory Vaccination Policy: “Reasonable, Enforceable”

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

Changes have Arrived at the Contract Security Program: Personnel Security Clearances

Changes to the Contract Security program affecting personnel clearances have now come into effect. This bulletin breaks down the changes.

November 2021 Update: Extended Deadline for Pre-Existing Owners Filing a Transparency Report on the Land Owner Transparency Registry

On November 2, 2021, the deadline for Pre-Existing Owners to file a transparency report was extended from November 30, 2021 to November 30, 2022.

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.

Federal Government Launches Consultations on Remedies Against Low-Priced Imports

A review of the stakeholder engagement process for proposed amendments to the Special Import Measures Act and the Canadian International Trade Tribunal Act

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.

Evidence of ESG in the Construction and Development Industry

An overview of ESG initiatives in Construction & Development; key information for those looking to implement their own ESG strategies

“Time Machine or Cash Machine?”: Federal Procurement Basics #3 (Compensation and other Remedies)

A review of the remedies in a federal procurement complaint to the Canadian International Trade Tribunal (CITT)

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.

Ontario’s Lobbying Watchdog Wants Stronger, Clearer, Lobbyists Registration Act

Ontario's lobbying czar wants changes made to Ontario's lobbying law that will capture more activity and require more corporations and non-profits to comply.

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.

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.

Striking a Balance Between Major Facility and Sensitive Land Use Developments: A Discussion of Ontario’s New Land Use Compatibility Guideline

The Ontario Ministry of the Environment, Conservation and Parks has published the Land Use Compatibility Guideline to establish land use compatibility policies

Will BC’s UNDRIP action plan create compliance challenges under the US Foreign Corrupt Practices Act, the UK Bribery Act or the Criminal Code of Canada?

Will BC’s UNDRIP action plan create compliance challenges under the US Foreign Corrupt Practices Act, the UK Bribery Act Criminal Code of Canada?

June 2021 Update: British Columbia’s New Registry of Beneficial Ownership

Now that the Land Owner Transparency Registry is searchable by the public, it is important to understand the scope of its use, and its current limitations.

Federal Procurement Basics #2: The Many Grounds for Federal Procurement Challenges: A ‘Keeping It Simple’ Summary

A review of the grounds for filing a federal procurement complaint to the Canadian International Trade Tribunal (CITT)

Crosslinx v. Ontario Infrastructure: Turns out the Pandemic is an Emergency…

The public sector’s hardline view of risk allocation in P3 contracts suffered a serious setback with the release of the Crosslinx decision.

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.

Commercial Leases During the COVID-19 Lockdown: Where are we Headed?

Ontario has also passed legislation to protect commercial tenants.

Ontario’s New Excess Soil Regulations – Construction Contract Implications

Ontario’s new On-Site and Excess Soil Management Regulation, O. Reg 406/19 may impact existing and future construction contracts

Federal Procurement Update #1: Filing a Complaint at the Canadian International Trade Tribunal: A Sprint Rather than a Marathon

A review of when and how to file a federal procurement complaint to the Canadian International Trade Tribunal (CITT)

April 30 Update: Amendments to Policy Statement 5 and Policy Statement 6- Extension of the Early Marketing Period in Response to COVID-19

This bulletin outlines the recently announced amendments to Policy Statement 5 and Policy Statement 6 by the Office of the Superintendent of Real Estate.

Federal Procurement Complaints: CITT Passes Milestone in 2020/2021

A review of the Canadian International Trade Tribunal (CITT) procurement review mandate for 2020/2021.

Lobbying Reform Déjà Vu? Canada’s Commissioner of Lobbying Recommends Heightened Obligations for Lobbyists Once Again

Canada’s Commissioner of Lobbying Submits Preliminary Recommendations to House of Commons Committee on federal Lobbying Act reform.

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.

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.

Update: British Columbia’s New Registry of Beneficial Ownership

Update: British Columbia's New Registry of Beneficial Ownership

Ontario Employers be Aware: New Mandatory Screening Requirements for Ontario Workplaces

Employers should take immediate steps to implement the new mandatory COVID-19 screening requirements for Ontario workplaces.

COVID-19: July 22nd Update on the Impacts to Development Applications and Hearings

Status update (July 22, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

Significant Expansion of Ontario’s Personal Health Information Protections amid COVID-19: What you need to know

Bill 188 made significant amendments to PHIPA, which affect technology companies, and potentially insurers, who provide access to personal health information.

Ontario Superior Court of Justice Sends Ontario Construction Employers Back to the Drawing Board

The Ontario Superior Court of Justice provides guidance on enforceability of termination provision for Ontario construction employees.

The LPAT and the New “Ontario Land Tribunals” Cluster

The New Ontario Land Tribunals Cluster and moving forward with hearings at the LPAT.

COVID-19: July 6th Update on the Impacts to Development Applications and Hearings

Status update (July 6, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing
applications, appeals, and municipal closures.

COVID-19: May 13th Update on the Impacts to Development Applications and Hearings

Status update (May 13, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

Pandemic and Epidemic Events: Addressing the Risk in P3 Projects

Using the benefit of experience with the COVID-19 crisis to re-evaluate risk allocation for pandemics and epidemics in P3 projects.

COVID-19: May 6th Update on the Impacts to Development Applications and Hearings

Status update (May 6, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

COVID-19: April 22nd Update on the Impacts to Development Applications and Hearings

Status update (April 22, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

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.

COVID-19: April 15th Update on the Impacts to Development Applications and Hearings

Status update (April 15, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

Project Management Amid COVID-19 – The Triage

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

COVID-19: April 7th Update on the Impacts to Development Applications and Hearings

Pivoting Production to Address COVID-19 Shortages – What Manufacturers and Distributors Need to Know

Summary of Health Canada pathways for accelerated approvals, business and liability considerations for manufacturers

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

Asking Lenders for Time to Deal with COVID-19 Problems

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

Transport Canada Relaxes Mandatory Off-Duty Time for Truck Drivers Transporting Essential Cargo

March 24 2020 after consultation with the provinces an exemption was issued permitting trucking companies and drivers to exceed maximum on-duty and driving time

COVID-19: March 30th Update on the Impacts to Development Applications and Hearings

Status update (March 30, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

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.

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

Amendments to the CCAA, BIA and CBCA Now in Force

Authors discuss changes in 2019 to Canadian corporate and restructuring statutes and their possible implications for insolvency practice in Canada

TOP TWELVE THINGS TO KNOW – New Canadian Trademarks Act June 17, 2019

On June 17, 2019 major changes to Canada’s Trademarks Act will come into force.

Performance Bonds: The New Form 32 Under Section 85.1 of the Ontario Construction Act

What Project Finance Lenders Should Know

Life is not Fair: Unsuccessful Proponent Admits Non-Compliance with RFP, But Sues Fairness Advisor Anyways

Modern public procurements, particularly in the public-private partnership model, typically involve a third party fairness advisor.

Performance Bonds: What Project Finance Lenders Should Know

As part of the performance security package for construction projects, project finance lenders (as well as project owners, landlords and government authorities) often require performance bonds from the construction contractor as security for the performance of the contractor’s obligations.

Five Key Takeaways from the 18th Annual Franchise Law Conference

Several lawyers from McMillan’s Franchise Law and Distribution Group presented at the 18th Annual Franchise Law Conference held on October 18, 2018 in Toronto,

Ontario Proceeding with Further Substantial Amendments to Workplace Legislation

Ontario has introduced Bill 66, the Restoring Ontario's Competitiveness Act, 2018, an omnibus bill that proposes changes to several statutes, the LRA and ESA.

Anticipatory Repudiation in Real Estate Deals: Can You Terminate if the Other Party Will Breach the Agreement of Purchase and Sale?

Agreements of Purchase and Sale in real estate transactions typically state what happens when a party breaches its terms. However...

Minimizing Risks Arising from the New Construction Lien Amendments

On July 1, 2018, the first set of amendments to the Construction Lien Act[1] (the "CLA") will come into effect. Although there are transition provisions

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

‘Tis the Season – Ontario Government Introduces Bill Setting Minimum Pay Rates for Private-Sector Contractors on Government Contracts

'Tis the Season - Ontario Government Introduces Bill Setting Minimum Pay Rates for Private-Sector Contractors on Government Contracts

Think twice before obtaining a labour and material payment bond – new liability for an old security

Filing away procured labour and material payment bonds without taking proactive steps to notify claimants of the bond's existence exposes owners to claims from unpaid subcontractors

Out with the old and in with the new: transitioning from Ontario’s old Construction Lien Act to the new Construction Act

An update to our December 2017 article, where some of the most significant substantive changes to the Construction Lien Act (the "CLA") are considered.

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

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

Final Report: Canada Transportation Act Review

Final Report: Canada Transportation Act Review

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