Methodology

Best Aboriginal Law Lawyers in Canada as ranked by Lexpert

The Aboriginal Law practice area is generally understood to encompass First Nations, Métis and Inuit treaty and other legal rights; comprehensive and specific land and property compensation claims; the duty to consult, treaty claims and interpretation; First Nations self-government; the fiduciary relationship between governments and Indigenous peoples; claims to renewable and non-renewable natural resources; hunting, fishing and trapping rights; government relations; economic development; taxation; and various public policy issues.

The following content will help you get an overview of Canadian Aboriginal law and its necessary components, history, and coverage. You will have a better understanding of what the best Aboriginal law lawyers actually work on, and how their work has evolved over the decades.

Aboriginal law – what does it mean?

Aboriginal law is a body of law which deals with the legal relationship between the Aboriginal peoples and the Crown. It is created by the courts and legislatures, but still operates within the Canadian legal system. The said law also involves the interpretation of legal rights as laid down by the Constitution, laws or statutes, and judicial decisions or interpretations.

It is a distinct set of laws which may intersect with Indigenous law, and as such, has its own differences. A lawyer skilled in Aboriginal law is required due to the complexities of Canada’s relationships with the various Indigenous nations.

Where was Aboriginal law created?

It can be said that Aboriginal law is created by the courts through its decisions, and the legislature by enacting statutes, and even as provided by the Constitution itself. However, it is not wrong to also mention that the said set of laws are a result of the generational affirmations of the Indigenous Peoples of their right to self-determination and self-government, especially with the protection, preservation, and utilization of the natural resources.

Aboriginal law is also created, to say, from the internal legal system of governance of the Indigenous Peoples themselves – which is a result of the historical and long-line tradition, social structures, and political norms. Aboriginal law lawyers frequently find themselves working in this area between Aboriginal law and the laws of the Indigenous peoples themselves.

What Aboriginal laws do most Aboriginal lawyers cite as the founding of the act?

Some sources and samples of Aboriginal law are court jurisprudence, and legal instruments, such as, but are not limited to –

• the Royal Proclamation of 1763;
• the Constitution Act, 1867;
• the Constitution Act, 1982;
• the Indian Act; and
• Supreme Court decisions.

Issued in 1763 by King George III to create special land rights for the Indigenous peoples within Canada, the Royal Proclamation of 1763 is one of the first to recognize the rights of the Aboriginals as to their title, setting forth of their right to self-determination. The Proclamation mainly seeks to delineate as an Indian Reserve the territory west of a line drawn along the Appalachian Mountains, which in effect prohibits all settlements thereto.

Another example would be the Constitution Act, 1867. In Section 91(24) thereof, it provides that federal parliament has the exclusive power to legislate as for matters regarding "Indians, and Lands reserved for the Indians". This constitutional grant of power to the legislative, in turn, was the legislative basis to enact the Indian Act, among other statutes, such as First Nations Land Management Act; the Indian Oil and Gas Act; the Acts establishing the Department of Crown-Indigenous Relations and Northern Affairs Act, and the Department of Indigenous Services Act.

The subsequent charter, Constitution Act, 1982, recognizes three groups of Indigenous Peoples –the Indians (First Nations), the Inuit, and the Métis. In Part II, the charter recognizes the existing Aboriginal and treaty rights; defined the “aboriginal peoples of Canada”; recognized land claims agreements; guaranteed the equality between male and female persons as to the aboriginal and treaty rights; and affirmed the commitment of the government to provide for participation of Aboriginal peoples in constitutional conferences before any amendment is made to Section 91, Class 24 to 25, of Constitution Act, 1867; and, Section 25, and Part II of Constitution Act, 1982.

The Indian Act is the Canadian federal law which consolidated several colonial legislations in 1876. The said act governs the registered Indians, their bands, and the system of Indian reserves. The Act intends to assimilate Aboriginal peoples to the mainstream Canadian legal system and has currently undergone several amendments.

There are also more recent legislations as to protection of the rights of Indigenous Peoples. In 2020, the Act respecting First Nations, Inuit and Métis children, youth and families was legislated. The Act aims to “affirm the rights of First Nations, Inuit and Métis to exercise jurisdiction over child and family services”; and to “establish national principles such as best interests of the child, cultural continuity and substantive equality to guide the interpretation and administration of the Bill.”

Another example of Aboriginal law would be Supreme Court decisions. One of the landmark cases would be R. v. Van der Peet wherein the Supreme Court, during its discussion on how fishing is an Aboriginal right but not its sale, laid down what has been known as the “Van der Peet test” to determine what is considered an Aboriginal right or not. There are also recent developments of Aboriginal law, such as the most recent case of Southwind v. Canada, promulgated in 2021.

What is the difference between lawyers who practice Indigenous and Aboriginal law?

Semantically, Indigenous and Aboriginal law may have its differences, but is couched on the same objective – the enforcement of constitutionally protected rights of the Indigenous Peoples.

Aboriginal law, as stated above, governs the relationship between the Crown or the government and the Indigenous Peoples in Canada. The best Aboriginal law lawyers work within this relationship. It defines and delimits the rights under the Canadian laws of the Indigenous Peoples in contrast with the government. As such, Indigenous Law is part of Aboriginal law, although, the former deals with the governing laws and the internal legal systems of the Indigenous Peoples, while the latter is borne out of the peoples’ customary laws and culture.

While Aboriginal law are developed by the court through its decisions, or by the legislature, Indigenous law is said to be developed by the Indigenous Peoples themselves, as an exercise of their right to self-determination and self-government. Some highlights of Indigenous law are land, water, and conflict-resolution.

Why is Aboriginal law important?

These legal system of court decisions and legislative laws which form part of Aboriginal law is important as it is a continuing recognition of the rights of Indigenous Peoples in Canada. It has become the foundation of the continuing process of asserting these various rights, which continues to guide modern lawmakers and the best aboriginal law lawyers alike.

In addition, these statutes and judicial decisions are the bedrock in asserting the duty and the obligations of the Crown and its government to the Indigenous Peoples.

Scroll down below to get in touch with the best aboriginal law lawyers in your area.

Best advertising and marketing lawyers in Canada as ranked by Lexpert

The practice of Advertising & Marketing Law is generally understood to include the review of:

• promotional materials relating to contests, coupon and premium promotions and other such offers;
• advertising copy review including online, television, radio and print ads to ensure claims will be properly supported and all required agreements/documents prepared;
• advising on online, digital, direct mail and telemarketing issues;
• advising with respect to the marketing, advertising, packaging and labelling of all types of products including food, drugs, cosmetics and medical devices;
• ensuring compliance with federal and provincial laws with respect to advertising;
• the pursuit or defence of challenges related to alleged misleading advertising;
• book, film and photograph rights negotiation; preparation of marketing and advertising related agreements such as sponsorship, distributorship, merchandising and licensing agreements (including negotiation of personality rights, copyright and trademark rights);
• importation of foreign source advertising; arbitrations and representation of clients at Advertising Standard Council hearings.

The best advertising and marketing lawyers are able to work on any number of the above areas, but some specialize in certain areas of the law more than others. Scroll through the lawyer profiles below to find the right advertising and marketing lawyer for your needs.

What do advertising and marketing lawyers work on?

Marketing and advertising lawyers work in a branch of the law which governs how products and services should be marketed and advertised in a fair and truthful manner with regards to its quality, quantity, or price. The law also provides for the rules regarding the packaging of the products, its pricing, proper promotion, and even its distribution.

What are the advertising and marketing laws in Canada?

Canadian advertising and marketing law is composed of federal laws and provincial laws. These laws are in addition to other general laws regulating advertising and marketing, and specific laws of certain application. Sector-specific and profession-specific codes of conduct are also a part of the advertising and marketing law in Canada.

With all the intricacies of marketing and advertising law in Canada for civil and criminal prosecution, especially with high-risk areas or products, advertising and marketing lawyers are specialized in the field to guide producers, marketing companies and agencies, and even vendors.

Competition Act

At the federal level, the Competition Act is the main law which advertising and marketing lawyers look to. The Act contains general provisions against materially misleading advertising practices or false marketing representations. It covers testimonials and endorsements (or influential marketing); performance claims; guaranties or warranties; and false representations on selling prices or “ordinary selling price” (OSP) claims and sales.

The government agency tasked in enforcing the Competition Act is the Competition Bureau, and the agency where consumers may also file a complaint. It is also the agency which will determine whether to purse civil or criminal actions against violators of the said Act, either done recklessly or deliberately.

Violators of the Competition Act may be imposed of the following penalties:

• Violation of the civil aspect – cease and desist said malpractices or misrepresentation, payment of fines and restitution to offended consumers, and publishing of notices rectifying said errors.
• Violation of the criminal aspect – cease and desist said malpractices or misrepresentation, imprisonment, and criminal fines.
• These are serious penalties which can drastically impact a company and are why an advertising and marketing lawyer is advised to be contacted in advance of going to market.

Canadian Anti-Spam Law (CASL)

The CASL generally requires advertisers and marketers to acquire express or implied consent to send commercial electronic marketing messages (or CEMs) – either through email, text, social media interactions, or other electronic messages – which encourages consumers to participate in a commercial activity, regardless of whether it is for profit or not. The law also requires specific sender identification, unsubscribe and record-keeping obligations on these electronic marketers. For CASL, the main government agency tasked with its enforcement is Canadian Radio-television and Telecommunications Commission (or CRTC) where violators of the said law may be imposed with severe fines. With consumers making Increasing complaints about spam, it's important to contact an advertising and marketing lawyer to be sure that you are within the confines of the law.

Territorial or Provincial Consumer Protection Legislations

As part of Canadian marketing and advertising law, consumer protection legislations or statutes are also in force among certain provincial and territorial jurisdictions. These laws may differ from each other in certain terminologies, but in general, these laws prohibit misleading claims and representations, provide for rules governing specific industry sectors, and prohibit unfair marketing and advertising practices in any consumer transaction. Some of these protection legislations are Ontario Consumer Protection Act, and the British Columbia Business Practices. Be sure to speak with an advertising and marketing lawyer in your province to be sure that you have covered all of the applicable laws in your province.

Who do advertising laws protect?

Advertising and marketing law protects consumers against any misleading sales claims and unfair business practices, which is intended to wrongfully induce or influence consumers into buying products or availing services which are not really what they seem or purport to be. These laws have also established remedies for victims of these illegal advertising and marketing practices against these dishonest vendors, which advertising and marketing lawyers can be hired for.

What rules do advertising and marketing lawyers deal with?

Under the Competition Act and other advertising and marketing laws, the following are some of the rules of marketing and advertising:

• Prohibition against drip pricing, which occurs when a product or service is offered at a price that is unattainable due to the additional charges or fees imposed upon the consumers
• Prohibition against multi-level marketing (MLM) to make any compensation claims, except if there is disclosure of the amount of money more likely to be earned by a typical participant
• Prohibition against pyramid selling schemes
• All statements, representations, warranties and guarantees must be supported by “adequate and proper” testing, and that there should be scientific and evidentiary basis for such
• Prohibition against the use of distorted tests and testimonials
• Prohibitions against double ticketing which occurs when a product is supplied at a price that exceeds the lowest of two or more displayed prices
• Prohibition against misleading “ordinary selling price” when it is inflated to create the illusion of offering a better deal
• Prohibition against bait-and-switch advertising, where an advertiser promotes a product at a reduced price, but is not available for sale in large quantities, although there are available stocks
• Prohibition against sending consumers deceptive prize notices stating that they have (or will win) a prize on a condition of paying for a fee, among other conditions
• Requiring the organizers of promotional contests to disclose the number and approximate value of its prizes, and any other relevant information relating to the chances of winning of the participants
• Prohibition against deceptive telemarketing and false representations in electronic messages and web addresses

The best advertising and marketing lawyers in Canada, found below, will be able to help you make sure that you do not fall under any of these prohibitions.

What is the purpose of advertising laws?

Generally, advertising and marketing laws are there to ensure that the costumers’ rights are protected. The law also provides for legal remedies that these customers may take against these deceptive marketing practices. Also, by regulating businesses, vendors, marketers and advertisers, fair competition would be established among these entities.

Why are advertising laws important?

By following these advertising and marketing laws, it does not only benefit the businesses’ compliance with the federal or provincial government, but also because it establishes the consumers’ trust in their products. Truthful marketing and advertising practices make up better company reputation and result in better demand and sales.

Need to consult with someone about advertising and marketing law? see the list of the best advertising and marketing lawyers below.

Best Asset Equipment Finance/Leasing lawyers in Canada as ranked by Lexpert

Asset equipment finance/leasing is that broad area of law, which deals with capital sourcing to buy assets, such as equipment and vehicles, either through financing or leasing contracts.

To assist clients, lawyers in this practice area cover a wide range of laws, such as:

• corporate commercial law
• law on contracts
• property laws
• taxation laws

These clients can either be those who are engaged in the business of asset equipment finance/leasing, or those who are looking for capitalization to acquire assets.

Please note that the Lexpert Directory has a separate section for:

• Asset-based lending lawyers
• Banking & financial institutions lawyers
• Project finance lawyers
• Property leasing lawyers

What is considered equipment financing?

Equipment financing is a loan to acquire business-related equipment whether to start a new business or to scale up the operations of an existing one.

It usually involves high-value equipment that small businesses don’t have capital for (yet). Industries where equipment financing is highly relevant are:

• construction
• manufacturing
• logistics
• industrial material handling
• medical
• agriculture
• culinary/food/beverage
• technology/telecommunications

Any asset-based financing lawyer should be able to help you in each category, but it may be best to look through our list of lawyers below and read profiles on whether they specialize in an area you need help with.

What is asset finance lease?

An asset finance lease works where an asset directly owned or recently purchased by the lessor (e.g., a leasing company or a financial institution) is leased to a lessee (e.g., the business owner). It is another cheap method of acquiring asset for the business, where a large capital is stretched out in months or years, with the end of acquiring ownership of the asset after the termination of the period.

This contract is subject to periodic payments within a given term paid by the lessee, along with other conditions on the asset’s use.In some contract of asset finance lease, maintenance repairs and insurance of the asset may be the obligation of lessee since ownership is still with them during the lease agreement.

These details, along with other important terms in the lease contract, should be worked out with an asset equipment financing or leasing lawyer in advance.

What's the difference between equipment financing and equipment leasing?

Leasing and Financing are two different contracts which can be understood independently:

• Lease: a contract where a property owned by the lessor is borrowed by the lessee, along with its right to exclusive possession, subject to the obligation of rendering payment to the lessee
• Financing: on the other hand, financing is a loan contract between a borrower and a lender, still subject to the terms and agreements as to the contract agreed upon

In both the contract of lease or financing, subject properties can be any equipment, which are fixed personal properties or assets used in the operation of a business. However, this does not include real properties.

Examples of business equipment financing or equipment leasing would be:

• oven and other kitchen tools for a bakery or a restaurant
• heavy-duty vehicles for a construction company
• laptops or other electronic gadgets for a telecommunications operation

The best Asset Equipment Leasing and Finance lawyers can work on any or all these business needs.

New equipment is necessary in starting a business, or to expand an existing one. However, this may be difficult for those who are still low on capital.

For this purpose, business owners need to talk to the best equipment financing lawyers about the two options they have – Equipment Leasing and Equipment Financing.

Asset equipment finance/leasing lawyers can help you with your transactions. Whether you’re a creditor-lender or a debtor-borrower, and whether you would like to enter an equipment leasing or equipment financing.

Scroll down further to see our current list of the best asset equipment finance/leasing lawyers.

Equipment Leasing

Equipment Leasing works as a lease contract wherein a leased equipment, which is a fixed asset, owned by the lessor is borrowed by a lessee to be paid in the manner agreed by both parties. Since payment is the center of this contract, this are negotiated by an asset equipment finance/leasing lawyer in most cases.

When a lessee fails to pay for the lease, the equipment is repossessed by the lessor, resulting in a rescission of the contract of lease. There are also other consequences as per the agreement or contract drawn up by the lawyers of both sides.

After the contract period, both parties may extend or extinguish the lease, or the equipment may be sold by the lessor to the lessee through a buyout or even to a third-party. The lawyers can draw this up in advance or work it out at the end of the contract.

However, other financial institutions may prefer a fixed contract period and fixed interest rates, or that both would be based upon the borrower’s or lessor’s credit profile or rating.

Equipment Financing

Equipment Financing is similar to a loan for the purpose of acquiring equipment for businesses. Like Equipment Leasing, payments are done periodically, which would include the capital and its interest.

The interest rate and the loan’s payment schedule would then depend on the terms and conditions agreed by both the lender and the borrower.

These interest rates may be subject to:

• the financing institutions’ pre-determined rates, or
• the borrower’s credit profile

Security may be required by some financing institutions, and the equipment bought from the loan itself may be used as the collateral.

In some cases of equipment financing, personal guarantee or collateral on other equipment by the same business may also be required. Failure to pay on the agreement would result to the foreclosure of these assets or properties.

Is leasing an asset-based financing?

A lease differs from asset-based financing and its structure may be favourable or not to a business owner depending on the business’s current needs.

An asset-based lending lawyer will be able to better define which route is better for you; scroll down to see our list of the Canadian lawyers excelling in this area right now.

Type of Equipment or Asset

Because ownership is retained by the lessor in an asset equipment leasing, this would be good for a small business when acquiring an equipment or asset which could possibly become outdated in the future.

Since it might be possible that after the lease contract’s end — or just before it ends — there would be newer models of the leased equipment. Although it’s more costly, it’s more beneficial for the business in the long run.

At that time, there is also the possibility of the business becoming more liquid. As such, there is no need to go into a lease or a finance again to acquire more assets or equipment. However, if the asset or equipment is essential for the business on a long-term basis, an asset equipment financing would be more fitting.

This is because these types of equipment tend to be more expensive, and spreading the payment schedule in a span of years would be more feasible for a small business. An asset equipment finance/leasing lawyer for these agreements is often recommended, to see which type of agreement is best for the client.

Ownership

In asset equipment leasing, ownership is retained by the lessor during the contract period. Generally, it cannot be transferred to the lessee after the lease, except if the parties would agree and depending on their contract.

This contrasts with an asset equipment financing, where ownership is already with the borrower at the start of the contract but is still subject to its terms and conditions.

Failure to fully pay the loan capital and interest reverts the ownership of the equipment or asset to the lender, either:

• through foreclosure of the security on the equipment itself, or
• through the enforcement of the parties’ terms and conditions

Do you want to hear legal advice or interested in procuring equipment either through asset equipment finance or asset equipment leasing? Scroll down below to hear from the best asset-based lending lawyers.

Best Asset Securitization lawyers in Canada as ranked by Lexpert

The Asset Securitization practice area includes acting for and advising asset originators, dealers, trustees, agents, liquidity lenders, credit enhancers, rating agencies and other participants in all matters relating to the structuring and implementation of asset securitization transactions, and includes structuring and establishing special purpose vehicles to purchase or otherwise acquire and administer assets from one or more originators and issue asset-backed securities to finance such acquisitions; structuring and documenting the acquisition of such assets and the issuance of such securities and ensuring compliance with all registration and other requirements with respect thereto; documenting any liquidity facilities required to finance such special purpose vehicles and any external credit enhancement facilities required to support their acquisitions; advising rating agencies on the efficacy of the structures employed; and providing opinions to various interested parties in connection with various aspects of the foregoing.

Please note that the Lexpert Directory has separate sections for:

• The best Banking & Financial Institutions lawyers
• The best Derivative Instruments lawyers
• The best Investment Funds and Asset Management lawyers
• The best Asset Equipment Finance and Leasing lawyers

You may have heard about Asset Securitization from the financial crisis of 2007 to 2009. There’s more to it when used properly to realize more of its advantages, which the best Asset Securitization lawyers listed below are able to deal with effectively.

What is asset securitization?

Before we start looking at the best Asset Securitization lawyers below, we need to understand what a security is. The simplest example of a security are stocks – it is based on the value of the company it represents and with what others (or would-be holders) are willing to pay for it. That is the essence of a security – a tradable financial product that takes its value from the market and from the properties (tangible or not) that it represents.

But how about in a case of an illiquid or non-tradable assets or liabilities? This is when Asset Securitization lawyers come in. Asset securitization is the process of transforming these illiquid or non-tradable assets or liabilities into securities – hence becoming liquid or tradable – to be bought by interested investors or traders and be sold for its value. Simply stated, asset securitization is a way of turning non-financial assets or liabilities into liquid securities that investors can buy and sell. An example of a case where an asset securitization lawyer would get involved would be the purchase of assets of a fleet leasing business.

This turning of illiquid asset/s into liquid ones can also be done by pooling large numbers of underlying assets. For example, a bank may pool numerous individual mortgages to become a single portfolio to be packaged as mortgage-backed securities (or MBS). Other assets like credit card debt, auto loans, commercial mortgages, and residential mortgages can also be subjects of asset securitization lawyers.

What is an example of asset securitization?

Generally, ABS is the process, or the general term used for asset securitization. However, asset securitization lawyers look at two common caregories – ABS or MBS – when referring to the type of illiquid asset the securitization is the subject of.

“Asset-backed security” or “ABS”

Asset-backed security (or ABS) are securities backed by income-generating assets, which is typically named after the underlying assets, such as the pooling of non-mortgage assets. Assets that can be subject of ABS are credit card receivables, and loans, such as home equity loans, student loans, and auto loans, among others. An example of an ABS is when a security is backed by auto loans which now turns into an auto-backed security. The most common types of ABS are:

• Home Equity Asset-Backed Securities
• Auto Loan Asset-Backed Securities
• Credit Card Receivable Asset-Backed Securities
• Asset-backed Commercial Papers (ABCP)
• Collateralized Debt Obligations (CDO), which has its own subtypes:
  • Collateralized Loan Obligations (CLO)
  • Collateralized Bond Obligations (CBO)
  • Collateralized Mortgage Obligations (CMO)

“Mortgage-backed security” or “MBS”

Mortgage-backed security (or MBS) is a type of ABS that is secured by a collection or pooling of mortgages. While ABS are mostly based on loans and debts, any asset that has value can be turned into a security through securitization, as in the case of mortgages. There are multiple kinds of MBS, such as “pass-throughs” which is simply multiple mortgage payments bulked as one and sold to interested buyers or investors; or, collateralized mortgage obligation or “CMOs” which breaks the mortgage pool into several distinct parts called tranches to stretch out the risk of default. MBS may be classified into two:

• Residential Mortgage-Backed Securities (RMBS)
• Commercial Mortgage-Backed Securities (CMBS)

How do you securitize an asset and which parties are involved in asset securitization?

Generally, among the different types of asset securitizations, the process is all identical. It would only matter on the types of illiquid assets are being bundled or pooled together.

• Firstly, an “originator” – which are mostly corporations, banks, lenders, mortgagees, or even public entities – would identify income-generating assets, such as loans or mortgages, that it would want to sell. Once pooled, the originator sells them as a single portfolio or bundled assets to a legal entity which is now called “special purpose vehicle” (SPV). After the sale, the originator now removes the pooled assets from its balance sheet.
• An SPV may also be called an issuer when the SPV acts to fund the purchase price by issuing asset-back securities into the capital market. However, the SPV only exists to purchase the originator's pooled assets.
• After buying the pooled assets into a single portfolio, the SPV – now an issuer – would now issue tradable shares in it. Those shares will pay a rate of return based on what has been generated by the pooled portfolio’s collected assets itself – loans, mortgages, debts. In addition, the issuer typically collects a commission or other form of fees for managing the whole fund.
• An issuer may not be the same entity with the SPV. In this case, the SPV sells them to the issuer or third-party investors, who can now trade them at their pleasure.

Hence, illiquid assets, or even liabilities, are now turned into profitable investments through the work of the entities and the asset securitization lawyers involved.

The Securitization Food Chain

Asset securitization through MBS may be summarized through this “food chain”. This was also mentioned in the documentary film Inside Job, whose plot revolves around the financial crisis of 2007-2009.

• The “first chain” would start from a borrower who would apply for a mortgage from an originator such as a bank. A loan is given to the borrower-mortgagor, which is secured by a claim against the property purchased by the borrower-mortgagor. A mortgage note is now owned by the bank as an illiquid asset, but this note comes with it the payment risk posed when the said borrower-mortgagor fails to pay the loan. In the normal course or if without securitization, the mortgage will be foreclosed, or the originator-bank would sell the mortgage note. This first chain is multiplied many times such as that the said originator-bank would have multiple mortgages at their disposal.
• The “second chain” is where the actual asset securitization happens. In this stage, there would be the bundling or pooling of these multiple mortgages into a mortgage pool. The MBS comes as in as it would hold this mortgage pool in trust as its collateral. Mentioned earlier, the asset-backed security – or the MBS here – is issued either by a third-party, the SPV-issuer, or the originator-bank itself.

Hence, an asset-backed security in the nature of MBS is created, which is backed up by the claims against the assets of the mortgagors.

What are the benefits of having asset securitization lawyers?

Benefits for Originators

Securitization is commonly used by originators as it can raise substantial amounts of investment, help ensure greater liquidity, and to provide additional capital for the originator, while at the same time, lowering its own risk against outside factors.

An Alternative with Less Risk

The act of asset securitization is an alternative source of income based on the transfer of credit risk, interest rate, and currency risk, from the issuers to investors. After these pooled or bundled assets are sold, the originators cannot anymore collect profits out of these assets, but more importantly, they no longer assume that asset’s future risk, such as when the borrowers or mortgagors would be in default, reducing credit risk, liquidity risk, and interest rate risk. In addition, the interest rates on these bonds sold by an SPV are also lower compared to other bonds, attracting more investors for these bonds.

For the originators, since the portfolio or bundled assets or SPV is now sold, it is now entirely separate from the originating business. In the process, it has even secured these bundled assets in the SPV, even if the originator encounters some financial problems.

Securitized products, in addition, is itself a diverse kind of a fixed-income product and presents itself as an alternative type of bond, different from those of the conventional ones, such as corporate or government bonds.

Additional Returns

Also, asset securitisation allows these institutions or originators to make benefits out of their assets in an efficient way as it creates a more attractive financing profile for them, resulting to better funding terms in the future. Since loans is usually the subject of securitization, lenders such as banks may continue to service these loans through collection of payments and by adjusting floating interest rates.

As to Credit Card Receivable Asset-Backed Securities, this provides additional returns for the bank since they retain origination and servicing fees, and at the same time to receive sales treatment for accounting and regulatory purposes.

Tranches

Another benefit of asset securitization is that these are usually issued in tranches. Since, each tranche is its own kind or is characterized from others, this provides for a diverse set of products for investors to choose from – depending on its wants, desired return, safety or risk allowance, and other factors it considers.

Market Opportunities

Originators are afforded with a wider capital market – domestically or internationally. It allows the originator to diversify its funding sources away from traditional sources of capital, and reach out to markets directly, without having to issue securities along with the process.

Benefits for Investors

On the other hand, investors are also benefited from asset securitization or asset-backed securities.

Diversification

By asset securitization, investors can now invest in assets, which is previously inaccessible. Investors are given more choices on which assets to invest to and accrue income out of it.

Less volatile

Compared to corporate or other bonds, asset-backed securities have been said to be less volatile. Hence, the range to which the price of the bundled or pooled assets may fluctuate – increasingly or decreasingly – is not that wide. It may be said that it’s income or return would not too high, but it also means that there is lesser risk in these kinds of asset investments.

Lesser risk

Through asset securitization, just as with originators, the risk of losing in these types of investments are typically low, since it has lower event risk, or it is not susceptible to risk of a rating downgrade of a single borrower.

Benefits for Borrowers

Borrowers – such as mortgagors or owners of credit cards – may also benefit indirectly from securitization.

Preferred Credit

Asset securitization has provided originators – in their capacity as lenders – additional available credit which they can now provide to borrowers. This may provide lenders an opportunity to offer fixed rate debt, which is preferable over variable rate debt. All this is done while the interest rate risk is being eliminated, still as an effect of securitization. This goes the same with credit card banking corporations, who can now provide for as many credit card holders, as their loan portfolio or loan pools are also expanded with now lower rates.

Above all, asset securitization increases liquidity from a previously illiquid asset. Liabilities are turned into income-generating assets, providing for an additional array of product for the company or the originator.

What are 4 asset types that are common to asset securitizations?

Generally, any type of illiquid asset or entitlements which represents or is capable of future income can be securitized. However, there are 4 types of assets that are common subjects of asset securitizations. These illiquid assets – or debts for this matter – have a fixed schedule of payment and a set interest rate, which makes it easier for investors to securitize these assets. The 4 common assets that can be securitized are:

• Mortgage loans (residential and commercial)
• Credit card debts
• Automobile loans
• Student loans

However, this is not an exclusive list of products asset securitization lawyers work on, which means that any other asset may also be securitized, such as:

• Tax revenues
• Utilities payments
• Commercial debts
• Bank loans

There are also uncommon illiquid assets that are now securitized, and this includes patents and copyrights, leasing activities, royalties, advertising revenue, or public-sector assets.

Which assets are suitable for securitization?

As mentioned earlier, any illiquid asset can be used for asset securitization which makes it is suitable for any kind or type of business—asset securitization lawyers can be found working in a wide variety of industries. However, these illiquid assets should have a regular and consistent cashflow or return, and they should be able to be bundled or pooled together, such as when they are of the same class or type.

Interested to know more about asset securitization? Scroll down to see the best asset securitisation lawyers in your region.

Best Asset-Based Lending lawyers in Canada as ranked by Lexpert

Asset-Based Lending is a category of debt financing in which emphasis is placed on the assets of the borrower rather than its credit-worthiness. The lender's credit analysis focuses on the ability of the lender to fully recover its loans upon the enforcement of its security by way of a sale of the assets. By contrast, conventional financing places emphasis on the ability of the borrower to repay its loans from its cash flow. Accordingly, asset-based lenders may lend in the face of losses where conventional lenders will not. As a result of this emphasis, asset-based lenders always require first priority security over the assets comprising the collateral for the loans. It is also typical for the lender to conduct extensive due diligence with respect to the borrower's assets to assess and reduce any risks that could limit recovery upon enforcement.

The ABL practice area generally includes the representation of domestic and foreign banks and financial institutions, as lenders, and corporations and other entities, as borrowers. ABL transactions can take on a variety of forms including:

• single lender loans
• syndicated facilities
• cross-border loan transactions,

As well as debtor-in-possession financing and can be based upon operating assets, fixed assets or a combination of both. Asset-based lending lawyers also work on the provision of transaction structuring advice, drafting and negotiating transaction documents, due diligence, taking and perfecting security, and providing legal opinions in connection with the loan transactions.

Please note that the Lexpert Directory has a separate section for the best Banking and Financial Institutions lawyers.

How does an asset-based loan work?

Asset-based lending lawyers define asset-based lending (ABL) as a loan secured by an asset/s of the borrower or debtor as collateral or security to the said loan. In some cases, multiple or large amounts of loans or even a credit line may be issued to the borrower or debtor if multiple assets or assets of high value are provided as security. The only requirement or condition in an asset-based lending is that when the borrower or debtor fails to pay or defaults on their payment as agreed upon by them and their creditor or the financial institution extending the loan, the property secured will be repossessed by the latter.

This type of borrowing is usually done by businesses-owners who finds themselves in a situation where expansion of the business is wanted, has lots of assets as their disposal, but has difficulty in capital or liquidity. It is also considered as an alternative lending to the traditional lenders or banks.

Asset-based lending lawyers can help in representations of both lenders and borrowers alike, starting with applications, legal documents needed, and up to the negotiations and mediations, especially when problems arise that needs legal solutions. See our list of the best asset-based lending lawyers in Canada below.

What do asset-based lending lawyers work on?

Assets used as collateral or security in an ABL depends upon the amount of loan to be borrowed by the debtor or borrower. It is of proportionate value to the security or collateral – the higher the loan amount, the higher the asset value should be.

Examples of assets that are usually used in an ABL are:

• Equipment
• Accounts receivables
• Inventory
• Securities
• Or other assets that are of value to the lender

When borrowing equipment/s through ABL instead of cash, the collateral or security may be against the leased equipment itself, and defaulting on the loan would result in the repossession of the said leased equipment.

Is asset-based lending good?

The pros of ABL are following:

Assets for beneficial purpose

Assets owned by a business-owner can be used to facilitate loans through ABL. These assets, either personal or fixed, which may be idle or are seldomly used, are put to good use to increase the business’ capital to finance the things needed for expansion, such as additional inventory, equipment, increase in employees’ wages or hiring of new ones, and other operating expenses. That is why it is important for business-owners to have a good grasp of the values of their properties in the balance sheet to easily identify which asset/s can be used as security.

Alternative lending

The process of ABL is faster and easier, compared to traditional lending, since there’s security involved which is usually the most important requirement. Other than the asset as security, other requirements such as credit profiles are usually foregone with. However, this depends upon the financial institution or lender that the business-owner is dealing with. This puts asset-based lending as a flexible financing tool providing options for business-owners in acquiring capital based on their current properties. As such, it becomes an alternative source that can be availed of other than most traditional capital lenders.

Alternative purposes

Where there is a possibility of a higher amount when borrowing through ABL, having the option between traditional and alternative sources of loans provide borrowers additional capital for other purposes. Such purpose may be when there are seasonal peaks of a business which needs capitalization, or when there is a merger or acquisition requiring large payments or set offs, or where there is unprecedented growth providing for a new opportunity for the business to expand.

Lower interest rates

Since the loan in an ABL is already secured, chances are the interest rates that would be offered is lower compared to that of the traditional lenders. Furthermore, the more liquid the asset, the less risky the loan is, which would also result to a lower interest rate. But some financial entities may tend to have a fixed interest rate for asset-based loans, especially for those which will consider the borrower’s credit profile.

However, ABL also has its cons, such as:

Losing a property

When business-owners engage with ABL, there is always the risk of losing the property used as a collateral or security to the creditors or lenders once there is default in the payment. Which is why there is a need to be proactive in the preparation of the agreement terms and conditions, especially the payment schedule, to prepare the business and to not lose the said asset. And while it is uncommon, or maybe even rare, there may be lenders who are willing to offer redemption of the repossessed property acquired by the lender after there is default on payment. Although, this would be last resort for business-owners since it would be another burden if such would happen.

If you are looking at the pros and cons of asset-based lending, it is recommended that you speak with an asset-based lending lawyer near you. The list below can assist you with locating one.

What assets do lenders look at?

Asset-based lenders in Canada can range from the traditional lending institutions (i.e., banks) to alternative financial entities (i.e., other thank banks). Whatever the case may be, lenders tend mostly look at two things before approving an ABL transaction – asset value and credit profile.

First, since the security or collateral is the deal-breaker in asset-based lending, lenders will look at the value of these assets. Some assets would have higher value than the other assets – these are cash equivalents, liquid assets, or physical assets, such as equipment, automobiles, or land. Hence, the valuation of the assets to be offered as security, mostly done by the lenders, is one of the most important things to look at.

Secondly, as mentioned above, although some might forego looking at the credit profile or history of a borrower, lenders might still want to investigate it. It depends on the history of the borrower with that lender, and if there is such history, then if there is faithful compliance with the set payment schedule in the previous loans. In totality, the relationship between the lender and the borrower are considered when reviewing the credit profile or history.

An asset-based lending lawyer can work for either the borrower or the lender. They will be skilled in the application of asset-based lending laws from either side of the equation.

Do banks do asset-based lending?

Choosing the right lender that would provide for the specific needs of a borrower is important, considering the many factors of ABL – including the interest rate, manner of payment, assets to be used as security, and the borrower’s credit history and profile whenever applicable.

Currently, while banks do offer ABL, there are also other options such as the alternative financing institutions offering the same. In the case of the latter, there are lenders who specialise in the area of asset-based lending which may be more beneficial than the other. A skilled asset-based lending lawyer will be able to help you determine which is the correct path to take.

Want to know if asset-based loans are good for you and your business? Contact one of the best asset-based lending lawyers as ranked by Lexpert using the list below.

Best aviation lawyers in Canada as ranked by Lexpert

Aviation law generally includes regulatory work and liability work which may be described as follows:

• Regulatory work involves aircraft safety standards, certification, licensing and regulation;
• interpretation and application of Canadian bilateral air transport agreements;
• interpretation and application of multilateral international aviation conventions and agreements in respect of many areas, such as, liability, immigration, taxation of aviation fuel, customs and duties and excise taxes, airport user fees and charges, aviation safety and security;
• slot allocation schemes and other airport infrastructure restrictions;
• international air route allocation;
• domestic and international aspects of aircraft accident investigation;
• and relations with the International Civil Aviation Organization and its Member States.

Aviation regulations are borne out of aviation law, which is the branch of the law which deals with air travel, its crew and members, and its passengers. The difference between air law and aviation law is that, while air law may pertain to the laws on civil aviation, aviation law is the more general term where air law is a specialization thereof.

What aviation regulations are aviation lawyers concerned with?

In Canada, the law which governs aviation law, and which the best aviation regulation lawyers focus on, is primarily the Canadian Aviation Regulations (or CARs). It was released in 1996 which has repealed older regulations on aviation, such as the Air Regulations, Air Regulations Series, and the Air Navigation Orders. The Canadian Aviation Regulations generally regulates registration, airports, aircraft personnel licensing, standard of airworthiness of aircrafts, and operating and flight rules.

Due to the complexities of aviation law, we have our list of the best aviation regulation lawyers in Canada below. They are specialized in this field and can assist clients – who are either aircraft or air carrier owners, manufacturers, airports, and even passengers themselves. These aviation lawyers can be involved in any part of aviation law, such as commercial transactions, regulations and its procedures, taxation, or litigation as to any of the party’s liability.

What is 602.05 (1) of the Canadian Aviation Regulations?

The Canadian Aviation Regulations in 602.05 (1) states that “[e]very passenger on board an aircraft shall comply with instructions given by any crew member respecting the safety of the aircraft or of persons on board the aircraft.”

The said provision provides for the responsibility of aircraft passengers to “comply with instructions” of crew members who are persons “assigned to duty in an aircraft during flight time, or assigned to duty related to the operation of a remotely piloted aircraft system during flight time” (101.1 [1] of CARs). Impliedly, while flight crew members are tasked with numerous guidelines on the operations of the aircraft, 602.05 (1) mentions of the counterpart responsibility of passengers in ensuring the safety of all persons aboard the aircraft.

Canadian aviation lawyers have become increasingly involved in this particular law with the advent of different requirements for air travel.

What is Canadian Aviation Regulations 604?

Subpart 604 of the Canadian Aviation Regulations (CARs) pertains to Private Operators, as to their registration (604.04), their respective duties (604.08), and their accountability (604.09). It also provides for the regulations and the duty of aircrafts or air carriers such as:

• general requirements for flight operations such as an operational control system, and the designation of a pilot-in-command and second-in-command, among others (604.25-604.74);
• ways of ensuring the safety of passengers while they are onboard and during flight operations (604.81-604.86);
• the emergency equipment that are required onboard (604.116-119);
• aircraft’s maintenance control system (604.126-604.132);
• having a safety management system in its flight operations (604.202-604.208); and
• regulations pertaining to flight attendants and the procedures for emergency evacuation (604.221-604.243).

In general, Subpart 604.03(1) states that before a Private Operator can “operate any of the following Canadian aircraft for the purpose of transporting passengers or goods”, only if it would be a “holder of a private operator registration document” which is issued by Minister of Transportation. The exceptions are stated in 604.03(2) which is “an air operator who operates the aircraft in accordance with the requirements of Part VII” where Part VII pertains to Commercial Air Services; or “a person who operates the aircraft under a flight permit issued under section 507.04”.

Anyone considering to be a new private operator in Canada is highly advised to contact one of the best aviation regulation lawyers in their area using the list below.

What is the basic aircraft liability limit?

Minimum passenger liability coverage

Canadian Aviation Regulations (CARs) provides under Subsection 606, specifically in 606.02, the Liability Insurance of every owner or operator of an aircraft or air carrier. The passenger liability insurance will cover the liability of an aircraft or air carrier when an even occurs resulting to the death or injury of any of its passengers. The total amount of the insurance is determined by multiplying $300,000 CAD by the number of passengers on board. However, the passenger liability insurance under the Canadian Aviation Regulations is not applicable to the aircraft’s or air carrier’s employees especially “if workers’ compensation legislation governing a claim for damages against the owner by the employee is applicable” (606.02[3][a], CARs); or for parachutists (606.02[3][b], CARs).

Minimum public liability coverage

This liability insurance is extended to any injury or death of persons even of those who are not on board the aircraft, and even to the loss, damage, or destruction of surface property caused by the aircraft, either through its impact, or when a part or something from the aircraft is dropped to the surface. The computation of the liability insurance is based on the aircraft's Maximum Certified Take Off Weight (or MCTOW). It is provided as follows:

• MCTOW is below 7,500 lbs = $1,000,000 CAD
• MCTOW is between 7,500 lbs to 18,000 lbs = $2,000,000 CAD
• MCTOW is above 18,000 lbs = $2,000,000 CAD + $150 CAD per lb over 18,000 lbs

Exclusions

The Canadian Aviation Regulations (CARs) in 606.02(6) provides that any “exclusion or waiver provision that reduces the insurance coverage for any incident below the applicable minimum” as provided above is not permitted. The exceptions of this rule are if:

• The provisions are a “standard exclusion clause” generally adopted by the international aviation insurance industry which will apply in events of (1) war, hijacking and other perils; (2) noise, pollution and other perils; or (3) radioactive contamination;
• The provisions pertain to chemical drift;
• The provisions are qualified with a statement that the insurance does not apply when the liability is assumed by the aircraft or air carrier owner under any contract or agreement, unless, if such liability would still be attached to the aircraft or air carrier owner even without the said contract or agreement; or
• The provisions are qualified with a statement that the policy is void and has no legal effect if the aircraft or air carrier owner concealed or misrepresented any material fact or circumstance, or that if there is fraud, attempted fraud, or false statement by the said owner, with regards to the insurance or its subject matter, either before or after the occurrence of injurious incident.

Who regulates aviation in Canada?

Transport Canada regulates air travel or aviation in Canada and is under the administration of the Minister of Transport. As to aviation, its main responsibility is the enforcement of the Aeronautics Act and the Canadian Aviation Regulations (CARs), however, the said department is likewise concerned of all matters as to the transportation sector. In its jurisdiction of enforcing said laws, Transport Canada checks numerous safety and security standards of aircrafts and airports. The duty of aviation regulation lawyers is making sure that companies adhere to these regulations before going to market.

With regards to licensing, the Canadian Transportation Agency is the government agency concerned with the air transportation licensing regime, which requires domestic air services operators to be owned and controlled by majorly by Canadians, and reviews financial fitness of applicants to operate an airline in Canada. This is an addition to the certificate issued by Transportation Canada. The agency also regulates airline tariffs, consumer protection including the resolution of complaints with regards to air travel. Aviation regulation lawyers have become increasingly involved in the resolution of complaints against Canadian airlines.

Do you have any concerns about air travel or any of the relevant Canadian aviation regulations? Look below for the best aviation lawyers in your area as ranked by Lexpert.

Best Banking lawyers in Canada as ranked by Lexpert

Banking lawyers’ practice area encompasses representing domestic and international providers and consumers of debt financing including, on the lending side, domestic and foreign banks, bank holding companies, leasing companies, finance companies and other financial institutions and, on the borrowing side, corporate, government, institutional, individual and financial intermediary borrowers.

A banking lawyer’s work includes incorporation of banks; all manner of corporate and private lending, financing and refinancing; cross-border and international banking transactions; financial leasing; loan syndications and participations; preparation of all manner of real and personal property security documentation; trade finance; negotiable instruments; sovereign risk lending; gold loans; project loans; interbank transaction arrangements, credit card facilities, electronic banking, payment and clearing systems; and all matters of a regulatory and corporate governance nature including capital adequacy and financial market integrity.

Please note that the Lexpert Directory has separate sections for the following related law practice areas:

• Asset equipment financing and leasing lawyers
• Corporate finance and securities lawyers
• Derivative instruments lawyers
• Insolvency and financial restructuring lawyers
• Investment funds and asset management lawyers
• Financial Institutions Regulatory Lawyers, Toronto-only

What laws are banking lawyers focused on?

Banking lawyers in Canada refer to the Canadian Bank Act as the main law regulating banks. Commonly called the Bank Act, it is the federal law respecting banks and banking. Passed in 1871, it has undergone several amendments in lieu of its “Sunset provision” (Section 21). As a result of the said provision, the Bank Act and the bank charters under it will expire unless the Act will undergo a statutory review in order to keep up with fast-evolving economy of Canada.

What is the Canadian Bank Act?

The Bank Act has three important objectives: first, is to protect the funds of account holders and depositors; second, is to ensure the maintenance of cash reserves vis-a-vis the Monetary Policy, which aims to protect the value of Canadian money by keeping inflation low and stable; and third, is to promote the efficiency of the financial system through competition in the banking industry.

Accordingly, the Act provides that a bank has the capacity, rights, powers and privileges similarly accorded to a natural person, although, these are subject to the restrictions provided in the same Act. Along with these rights and privileges, banks are prohibited from doing restricted business, or doing business in a manner contrary to law.

Banking lawyers in Canada are experts in this Act including its restrictions, along with the other federal banking laws and regulations and administrative procedures of the banking law, in order to help clients – banks and clients alike – in transactions with the government regulators for the former, and the bank for the latter.

Classifications of Banks

Banking lawyers and clients are guided with the different Schedules of banks below:

Schedule I

Schedule I are the Canadian-incorporated domestic banks. Banks under this Schedule has the same requirements as with Canadian-incorporated foreign bank subsidiaries (Schedule II).

Schedule II

Schedule II are the Canadian-incorporated foreign bank subsidiaries.

Schedule III

Schedule III lists the authorized Canadian branches of foreign banks, including the name it uses under which it is permitted to conduct business in Canada. While foreign banks can establish its branch or a lending branch in Canada as chartered banks, they are not allowed to accept retail deposits.

Application

A bank or a bank branch are only allowed to operate in Canada when they are approved by the Finance Minister and the Office of the Superintendent of Financial Institutions (OSFI). This applies to banks under Schedules I and II, while or a foreign bank under Schedule III, the approval of the Finance Minister is still sought out but has different requirements compared to those of banks under Schedules I and II.

Matters detailed in Section 27 of the Bank Act are those which will be considered by the Finance Minister in its application for incorporation, while for foreign banks, it is found in Section 526.

Restrictions on Banks

One of the major restrictions against banks is that it is restricted from performing any business that is either not related to banking or to the business of banking. As provided in Section 409 of the Bank Act, the acts under the term “business of banking” are the following:

1. Providing any financial service;
2. Acting as a financial agent;
3. Providing investment counselling services and portfolio management services;
4. Issuing payment, credit or charge cards; and,
5. Operating a payment, credit or charge card plan, in cooperation with others including other financial institutions.

In addition to this restriction, Section 410(2) states that banks are also prohibited from dealing in goods, wares or merchandise, or engaging in any trade or other business, except when permitted by the Act. Furthermore, Section 412 also provides restrictions on banks with regards to its “fiduciary activities”, such as acting as an executor, administrator or official guardian or a guardian, tutor, curator, judicial adviser or committee of a mentally incompetent person, or acting as a trustee for a trust.

While this seems simple at its face value, banking lawyers may guide both banks and clients alike with the complexities under these prohibitions.

Why do we need banking law?

Banking law is important to protect clients against unfair banking practises. Furthermore, banking laws are put in place to regulate one of the important drivers of the Canadian economy, which are banks. The laws are there to guide the relationship between stakeholders, and to also provide guidance to our banking lawyers.

Who holds banks accountable in Canada?

Canadian banking laws and regulations are under the responsibility of the Office of the Superintendent of Financial Institutions (OSFI) and the Minister of Finance.

What new rules do banking lawyers need to consider?

In dealing with banking institutions, federal laws and regulations provides for the general rights of the customers, such as opening a personal account at any bank; encashing cheques from Government of Canada for free at any bank; receiving clear and simple information that are not misleading about the bank’s products and services; availing himself/herself of products and services subject to express consent; and, resolved issues with the bank through a complaint-handling process.

Financial Consumer Protection Framework

However, on June 30, 2022, these rights are enhanced by the new Canadian Financial Consumer Protection Framework.

Information

Banks are now required to send additional and timely information to guide customers with their decisions on their banking transactions. This includes sending electronic alerts with regards to customers’ account balance on their accounts and the credit available on their credit card or line of credit. However, these electronic alerts are not applicable to accounts opened for business purposes. Banks should also send advance notices as to the renewal of products and services a customer may have availed from them, except for mortgages secured on real property and products or services used for business purposes. A separate agreement will have to be provided for optional products and services customers might agree to buy, in order to provide necessary information on these products, its cost, and the procedures when cancelling these products.

Higher standard

As banks are impressed with public interest, banking transactions are held up to a higher standard. Banks should be able to assess the specific needs of its customers for them to be able to provide appropriate products and services. In all transactions, there should be express consent from the customers, and they should be provided with a written statement entailing the products or services that they have agreed to or availed of. Broader protections are also provided for customers against false and misleading information about the bank’s products and services, or banks employing means to take advantage or to apply undue pressure to customers to coerce them to avail of the bank’s products and services. Banking lawyers can help in ensuring that banks follow these standards.

Grievances

Whenever customers would want to address grievances or issues, they should be able to do so through the systems in place by the banks, and these must be resolved promptly and fairly. In addition, banks are required to provide refunds and credits to customers who have been charged erroneously or whose consent was not sought as previously mentioned.

Banking lawyers in Canada ensure that these standards imposed by the Bank Act and other regulations are strictly followed by the banks and these protections are known to their clients.

Given the complexities of Canadian banking law, and the severe consequences of running afoul of any of these laws, the hiring of the best banking lawyer your budget can afford is an essential step in the lifespan of any company involved with finances.

Need help with regards to your banking transactions? Scroll down to see some of the best banking lawyers ranked by Lexpert below.

Best Charities and Not-For-Profit Lawyers in Canada as ranked by Lexpert

Charities/Not-for-Profit Law involves a number of legal specialties, including corporate law, trusts and estates, and depending on the circumstances, real estate, taxation, employment and general business law.

It involves representation of organizations such as public and private foundations, community trusts, cultural and performing organizations, educational and health care institutions, and other tax exempt entities, on matters ranging from obtaining charitable registration status from the Canada Revenue Agency, issues of corporate governance and planned giving, tax planning, and compliance with applicable provincial and federal statutes and regulations.

Please note that there is a separate section in the Lexpert Directory for the best Estate and Personal Tax Planning lawyers.

Are charities non-profit or not-for-profit?

Lawyers working in this space may be working under charities or charitable institutions which are generally classified into either Non-profit or Not-for-profit. Non-profit and Not-for-profit are two different entities, but both have similarities and differences. The two do not generate profit entirely for its stakeholders (i.e., owners), as the profit of these organizations is entitled for charitable purposes and public benefit only, or for its operations; hence, any “profit” must be entirely used for their identified cause or for the benefit of their identified communities. As such, the term “non-profit” may refer to both these entities but are still technically different especially under the charities and not-for-profit law.

Not-for-profit or Charities

Not-for-profit or Charities are organisations or foundations whose existence is dedicated for charitable purposes, and which are registered under Canadian charities and not-for-profit law. This registration provides these organisations the legal personality to issue official receipts for the donations it receives, to become tax exempt, and to be regulated by the government and Canadian laws. These organisations may have a specific focus depending on its purpose such as poverty alleviation, religious advancement, educational purpose and/or research, public safety, animal welfare, and among others.

Non-profit

Non-profit organisations are unincorporated associations or group of individuals, such as recreational clubs, that are not necessarily registered under the charities and not-for-profit law. Similar with not-for-profit organisations, these non-profit organisations may be organized for any purpose other than for profit-generation. A not-for-profit may start as a non-profit before its elevation to becoming a registered charity. Examples of non-profit organisations are social clubs, amateur sports clubs, or specific-hobby groups.

What are the legal requirements for non-profit organization in Canada?

The charities and not-for-profit law provide for the procedures to be undertaken of an organisation who wishes to be registered as a non-profit organisation in Canada.

Not-for-profit incorporation

A not-for-profit organisation can be registered either as a federal or provincial corporation with the charities and not-for-profit law, both of which have different requirements and processes that the charities and not-for-profit lawyers below can assist you with.

Federal not-for-profit incorporation

Federal incorporation is necessary to operate either nationally or internationally. An application for incorporation is either filed online or submitted to Corporations Canada. After the corporation has been created, documents are needed to be submitted to Corporations Canada under the Canada Not-for-profit Corporations Act (or the NFP Act). Such incorporation or registration would also be governed by other Canadian charities law, such as the Charities Registration (Security Information) Act. Once incorporated, a federal not-for-profit incorporation would now have certain benefits such as the right to use their chosen name across Canada.

By-laws

Next would be the creation of the corporation by-laws which would govern the objectives, philosophies, and operations of the said not-for-profit or charity.

Registering as a charity under the Income Tax Act

The Income Tax Act requires the not-for-profit corporation to register with the Canada Revenue Agency (CRA) as charities. This would enable the charity or the not-for-profit to issue official donation receipts and be exempted from taxes and be eligible for lower corporate taxes.

Provincial incorporation

For registration under the charities and not-for-profit law as a provincial incorporation, the process would start with the registrar of the chosen provincial or territorial government. There may be different process and requirements in every province or territory in Canada.

Charities and not-for-profit lawyers can help organisations with registration and other regulations that may come with it.

What would a lawyer say is the difference between non-profit and not-for-profit in Canada?

Under the charities and not-for-profit law, while both non-profit and not-for-profit are not for income generation, a major difference is the registration of a not-for-profit organisation for the purpose of tax exemption and issuance of official donation receipts. There are also other similarities and differences between a non-profit and not-for-profit in Canada:

Purpose

If the aim of forming the organisation is exclusively for the benefit of the community, a social cause, or for charitable purposes, then a charity or not-for-profit would be a recourse recommended by most charity and not-for-profit lawyers. However, if it is only for recreational purposes and will only operate locally, a non-profit would be a better fit.

Registration

According to its purpose, a charity or a not-for-profit is required to undergo registration under the charities and not-for-profit law and is afterwards given a registration number; while a non-profit organisation does not need to be registered. In addition, a charity or a not-for-profit would have a spending requirement on its own charitable activities or as gifts to qualified donees, which is otherwise not required for non-profit organisations.

Taxation

Once registered, a charity or a not-for-profit may now issue official donation receipts for the purpose of becoming exempt from paying income taxes. On the other hand, a non-profit cannot issue such official receipts, are still exempt from paying income taxes, but may be taxed through other ways such as capital gains or property income.

While both may have to pay GST and/or HST on their purchases, a charity or a not-for-profit may claim a partial rebate of these taxes paid on eligible purchases, while a non-profit can only claim such rebate if they have received significant funding from the government.

Owing to their being a registered organisation, a charity or a not-for-profit may compute taxes using the formula of net tax for charities, but non-profit organisations may have to compute theirs in the regular way.

What are the rules for charitable foundations Canada?

To be eligible for registration under the charities and not-for-profit laws of Canada, the organisation who desires to be registered must:

• Show that its purpose is for public benefit or is charitable according to law
• Provide the ways that its activities promote or advance these charitable purposes while complying with the requirements of the charities and not-for-profit laws of Canada, including its laws on taxation
• Present who are the beneficiaries of these charitable activities

A lawyer specializing in charity and not-for-profit law will be able to help navigate your way through these registrations.

Who regulates charities in Canada?

For the purpose of regulation, the charities and not-for-profit law of Canada states that the Canada Revenue Agency (or CRA) is the primary agency to register charities. It is also the agency which ensures that these charities and not-for-profit organisations comply with the Income Tax Act and common law. The CRA is also tasked with the education of newly registered charities for them to validly and voluntarily comply with the requirements under the Canada charity law.

Is a not-for-profit a charity in Canada?

Not-for-profit organisations are not a charity under Canadian charities and not-for-profit law. An organisation would only become a charitable institution or a charity if it is registered under the law of charitable and not-for-profit organizations, as mentioned above.

Contact the best charities and not-for-profit law lawyers by scrolling down to the list below.

Best class action lawyers in Canada as ranked by Lexpert

By now established in Canada, Class Action lawyers continues to work on actions pertaining to personal injuries, including those involving defective medical products and procedures, defective products (automobiles, building products, etc.), and commercial loss (securities).

Please note that the Lexpert Directory has separate sections for:

• Litigation, corporate and commercial lawyers
• Litigation, securities lawyers
• Medical negligence lawyers
• Workers’ compensation lawyers

What does a class action lawyer work on?

Generally, a class action is a civil action where the plaintiff is composed of multiple persons, who have been similarly injured and representing a larger class or sector, filing a suit against a defendant or a group of defendants. Class action lawyers can be counsels of either party – for the plaintiff, they ensure the equitable award of damages; for the defendant, class action lawyers would try to mitigate the damages sought to be recovered, or even disprove its totality.

Class action lawyers in Canada

Every province or territory in Canada has their own respective class action law or statute except for Prince Edward Island, although the nature and proceedings of the class action differs between the common law provinces and Québec civil law.

There are two stages in class actions in Canada. To institute a said action, the first stage of the action is the certification, where the class action is certified by the court for the common law provinces or where the application is authorised for those filed in Québec. During certification, common issues or questions of fact or law are certified to be determined during the trial proper, which is the second stage of class actions. This procedure has been undergoing changes due to case law, especially with the class action sequencing.

Although, some cases would be referred to arbitration, whenever necessary or when circumstance do permit it.

Class action lawyers primarily assists clients during these two stages, most importantly during the certification in order to proceed to trial. This would include preparation of pleadings, witnesses, or pieces of evidence to be presented.

Class actions in Canada does not employ national consolidation of similar suits or actions. This is because every province or territory is a separate and sovereign court jurisdiction with the other courts of other provinces. Hence, class actions can simultaneously proceed in different courts in different provinces. This may happen when there the different plaintiffs of a class action may be residents of different provinces.

Mass tort vs. Class action

A mass tort and class action are different in each other. Mass torts are multiple actions filed against a single defendant or group of defendants. It is similar to class action, where plaintiffs are made up of individuals suffering from the same injury or damage. However, their differences the procedure of each case – in class action, a class representative would be selected, who would pursue the action for class's common claim; but in mass torts, each plaintiff would still have to prove his/her claim since each person is treated differently, although their claim is from the same source or injury.

In pursuing a case either as mass tort or class action, it is better to consult with the best class action lawyers near you to determine which kind of action is beneficial, based on the circumstances of the specific claim.

Canada’s largest class action

The case of the Indian Residential Schools class action lawsuit is considered as one of the largest class actions in Canada. Starting from the 18th until the 19th century, the Canadian government began the assimilation of Indigenous Peoples through a system of residential schools. Similar to a boarding school, the Indigenous, First Nations, Métis and Inuit are mandated under the Indian Act to send their children to these residential schools, which are also mostly ran by churches. As a result, children are separated from their families and cultures, experienced abuse from teachers and administrators, and subjected to oppressive living conditions.

A class action lawsuit was filed against the Canadian government by the survivors, with class action lawyers as counsels, to sue the government over the lingering effect caused to the victims by the Indian residential schools. As a result, both parties have agreed to reach an Agreement-in-Principle for victims who have attended these schools from 1951 until 1992. The Agreement created a fund amounting to $1.9 billion as an award of damages.

What is the purpose of class actions?

Class actions provide for a simpler procedure to claim damages against established, large entities which at first look might be difficult to pursue. Since there’s collective effort among the plaintiffs and their class action lawyers – supposing that there are numerous lawyers becoming counsels – the chances of claiming award of damages against these big corporation or groups, or even from the government, are higher.

As to the judicial system, it is also easier and more convenient to purse class actions, rather than multiple lawsuits which arising from the same cause of action.

What are the benefits of class actions?

Classically, there is strength in numbers of plaintiffs, which would put further pressure on these defendant large corporations or the government to settle these actions through compensation to victims. The best class action lawyers are able to effectively use these large groups of people to get justice for all faster than one at a time.

Class representative
As mentioned above, before a class action will prosper in the court, there has to be a certification, and as part of it is the selection of the class representative/s, or lead plaintiff/s to speak for and on behalf of the other plaintiffs. This will unburden the other plaintiffs, which is not available when they individually pursue their cases.

Lower costs

Due to the multiple plaintiffs in class actions, the necessary costs for class action lawyer fees and other costly litigation fees are spread out between them. When an award is granted at the end of the trial, these fees and costs may also be levied from the award.

One-time payment

Defendants also benefit out of class actions, because, if awarded, the damages paid to the plaintiffs would prevent future litigations out of the same cause of action, thereby saving the defendant further loses.

Procedurally easy

Since multiple suits are merged through class actions, courts are declog of repetitive litigations arising from a similar cause of action. For class action lawyers, it is also easier for their work since preparation of legal briefs and pieces of evidence are done through work effort and is already consolidated into one.

Litigations may work best individually or through class actions. Hear more from the best Lexpert-ranked class action lawyers to see what fits your case by scrolling below.

Best Commercial Arbitration lawyers in Canada as ranked by Lexpert

Commercial Arbitration involves advising and advocating with respect to contractual provisions for arbitration and ADR, advising as to appropriate arbitration rules and procedures, and conducting arbitration either ad hoc or under the rules of key arbitration institutions such as the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the NAFTA, UNCITRAL Rules, ICSID Rules and the Rules of the British Columbia International Commercial Arbitration Centre (BCICAC).

As an alternative to litigation, commercial arbitration cuts across almost every area of law and business activity such as banking; intellectual property; insurance; engineering, construction and infrastructure projects; agreements for joint development of natural resources such as oil and gas; financial and capital markets.

Please note that the Lexpert directory has separate practice areas for:

• Banking lawyers
• Intellectual property lawyers
• Construction lawyers
• Energy lawyers, oil and gas

Modes of Alternative Dispute Resolution (or ADR) has been on the rise since international law and countries have acknowledged its importance. Many have in turn institutionalized ADR through legislations. Over the years, ADR has also grown to adapt to the needs of the States, hence, the specifications of mediation/conciliation and arbitration – and Commercial Arbitration is one.

What does a commercial arbitration lawyer work on?

Alternative Dispute Resolution (ADR)

Generally, there are two modes of ADR – mediation/conciliation and arbitration. Both modes are alternative ways of resolving disputes in a prompt, economical, and confidential manner, outside of litigation which is the “traditional” way. While both may have numerous similarities, the main difference between them is how a dispute is resolved – the end of a mediation/conciliation is an amicable settlement agreed by both disputing parties; while arbitration’s result is an award or ruling, favorable to either of the parties.

Arbitration

Arbitration is one of the alternative ways of resolving disputes, where an arbitrator (or a panel of arbitrators), chosen by the disputing parties, hears the arguments and receives evidence from both parties, and will render an award or ruling which is binding on the parties thereafter.

While States have enacted their own legislations on arbitration, whose backbone are international conventions and laws on arbitration, the applicable law and rules on arbitration will mostly depend on the agreement of the parties (arbitration clause of the contract), the nature of the dispute, and the business of the parties themselves.

What compels the parties to arbitrate is purely dependent upon them. Should they positively decide for it, an arbitration clause is usually inserted in the commercial contract which binds the parties to proceed with arbitration. Sometimes, this arbitration agreement is an entire separate contract from the commercial contract.

Although, even if the parties did not initially agree on an arbitration clause/agreement during the preparation of the commercial contract, it can still be pursued once a dispute later on arises. The lack of pre-agreement does not preclude the parties to eventually agree to proceed to arbitration.

Commercial Arbitration

Commercial arbitration is a classification of arbitration which is concerned with and aims to resolve commercial disputes, which covers any kind of economic activity. Parties to any commercial dispute usually includes an arbitration clause in their contract which will primarily govern the procedure of arbitration to be followed once a dispute arises. It may include whether to proceed to ad hoc or institutional arbitration, the scope of the commercial disputes, manner of choosing the arbitrator, and manner of appeal if it is consented, among other terms that the parties may agree to.

Commercial arbitration lawyers may help parties in the preparation of arbitration clauses in their contracts (or if it is a separate arbitration contract), or may also be chosen as an arbitrator.

Advantages of commercial arbitration

• Mutually agreed upon means award is mutually binding, hence, no reason to assail the award
• Saves money because litigation is evaded, and saves time since timeline of arbitration is based on parties alone
• Parties are assured of confidentiality of the whole process, which is also less formal, so that parties can freely express or argue
• Parties have control over the process of arbitration – selection of arbitrator/s or commercial arbitration lawyers, institutional or ad hoc, venue, location, etc.

What are the different types of commercial arbitration?

There are two forms of commercial arbitration (or arbitration, in general) – Ad hoc and Institutional or Administered.

Ad hoc Arbitration

Ad hoc Arbitration is arbitration without the assistance or outside of an arbitral institution or center. Hence, the rules of procedure of the arbitration would either be agreed upon beforehand, or is patterned from any local or international arbitration statutes. The arbitrator or panel of arbitrators is/are still chosen by both parties, but it does not need to be among those listed by an arbitral institution – as long as freely chosen by parties, they are still deemed valid. In this case, they can be commercial arbitration lawyers and professional arbitrators.

Institutional or Administered Arbitration

On the other hand, Institutional or Administered Arbitration is arbitration done within the supervision of an arbitral institution or center. When an arbitral institution or center has been chosen by the disputing parties, the procedures of that institution or center will be followed, heeding to its authority to settle the dispute. As such, the arbitrator or panel of arbitrators is/are selected from the list given by the said institution or center, who may still be composed of commercial arbitration lawyers.

What is the Commercial Arbitration Act?

The Commercial Arbitration Act of Canada is the federal law governing arbitration relating to commercial arbitration. The Act, which is based on the UNCITRAL Model Law on International Commercial Arbitration 1985 (UNCITRAL Model Law), provides for the default procedures of commercial arbitration. It has also emphasised that a commercial dispute that may arise can either be contractual or not (Article 7(1)).

Also, the Act has specified that there should be no appeals to conduct of arbitration, including the award concluded by the arbitrators or the panel of arbitrators. Commercial arbitration lawyers can represent either party during the arbitration under the Act, especially with the interpretation of the UNCITRAL Model Law.

How does arbitration work in Canada?

Generally, the Act only applies when one of the parties is the government (or the Crown), a department of the government, public corporation, or maritime or admiralty matters, as provided in Section 5(2). Outside of these, the law on arbitration that would govern are the territorial or provincial legislations on commercial arbitration. It is advisable to consult with commercial arbitration lawyers which law would apply for a specific commercial transaction or dispute.

For international commercial arbitration, except for Québec, which is governed by its Civil Code and Code of Civil Procedure, other territories of Canada have their own respective legislations which the best commercial arbitration lawyers must be aware of. These provincial or territorial arbitration legislations have also referenced or has purely adopted the UNCITRAL Model Law, which is the international law governing international arbitration.

As to provincial commercial arbitration, the territories or provinces have also enacted their own legislations, which may vary from one province or territory to another. Some examples are the jurisdictions of the courts and their power to halt judicial proceedings and prioritize arbitration first; matters referred to mediation or arbitration; formal requirements for arbitration; appeals – when permitted or not; among others.

Scroll further below if you are in search of Lexpert’s best-ranked commercial arbitration lawyers who can help you prepare arbitration clauses or agreements, or to consult with for any commercial dispute.

Best Commodity Tax lawyers in Canada as ranked by Lexpert

Commodity Tax/Customs law encompasses matters concerning the federal goods and services tax (GST), various provincial sales taxes, customs and excise issues, and related matters involving the domestic and international supply of property and services. Given the degree of specialization involved in their practice, commodity tax lawyers often engage in all aspects of commodity tax work, from the solicitor-type work involved in the planning stage, to litigation work as matters progress from the level of administrative review, to the federal and provincial courts of first instance, and on to the Courts of Appeal and beyond.

Please note that there is a separate section in the Lexpert Directory for the best International Trade Regulation lawyers.

What is commodity tax in Canada?

Commodity Tax is an encompassing general term of the broad consumption-based taxes in Canada. The best commodity tax lawyers in Canada are specialized in its different areas, such as:

• Goods and Services Tax (GST) – the federal value-added tax that applies to most goods and services supplied in Canada, imposed at each stage of production or distribution, and not only on the final supply to the consumer;
• Harmonized Sales Tax (HST) – the tax “harmonizing” Canada’s federal goods and services tax and various provincial sales taxes; or simply the tax on top of the GST in some provinces or territory of Canada;
• Provincial Sales Tax (PST) – the sales tax that is levied upon taxable goods and services in some provinces;
• Customs duties – that tax on items being imported, introduced, or mailed into Canada; and
• Other excise taxes or duties

What does a commodity tax lawyer work on?

Generally, commodity tax are consumption-based taxes levied on commodities, upon shipment from the manufacturers or upon importation from a foreign country. It applies to both products produced locally or internationally.

How are commodities taxed in Canada?

Commodity taxes may differ in each province, depending on the application of GST, HST, PST, Customs Duties, and other taxes.

Goods and Services Tax (GST)

Goods and Services Tax (GST) is the 7% tax levied upon various commodities and services, except if those commodities and services are tax-exempt or are zero-rated under Schedules V and VI of the Excise Tax Act (ETA). GST is the value-added taxing system of Canada, finding its legal basis under Part IX of the ETA, whose main agency responsible for its regulation is Canada Revenue Agency (CRA).

The GST should be charged, collected, and remitted on their taxable commodities and services by all suppliers or manufacturers, hence, these suppliers or manufacturers are also required to register with the CRA. GST registrants may also recover the GST paid through input tax credits (ITCs), if their commodities or services are taxable and not exempted therefrom.

Harmonized Sales Tax (HST)

Harmonized Sales Tax (HST) is essentially the GST levied on commodities as a result of the “harmonization” of the services tax and the sales tax. HST is over and above the GST, which means that taxes in specific provinces are higher compared to others. It is also imposed by the ETA, hence, HST follows the general rules on the implementation of GST.

• The HST in Ontario is 13%, (6% HST in addition to the 7% GST);
• The HST in New Brunswick, Newfoundland and Labrador, Nova Scotia, and Prince Edward Island is 15% (8% HST plus the 7% GST).

Provincial Sales Tax (PST)

Provincial Sales Tax (PST) is the sales tax or importation tax imposed on commodities and services by a particular province. It is paid by consumers upon purchase, except if the goods for resale or a specific exemption would apply. After the implementation of HST by some provinces, PST is only implemented by British Columbia, Saskatchewan, Manitoba, Ontario and Prince Edward Island.

Customs Duties

Customs duties are taxes or levies imposed upon the importation of goods, while at the same time prohibiting both the importation and exportation of certain goods. The governing laws for the custom duties are the Customs Act and the Customs Tariff.

Commodity tax lawyers can assist clients in the various field of commodity taxation, such as, GST or HST, registration, tariff classification, international trade, customs valuation, tax litigation, import and export restrictions, taxes of specific commodities, among others.

What are do commodity tax lawyers work on?

Commodity taxes – namely GST, HST, or PST – are applied to commodities and services, subject to some exceptions – either zero-rated or tax-exempt.

Taxable commodities and services generally are:

• sales of new housing
• sales and rentals of commercial real property
• sales and leases of automobiles
• car repairs
• soft drinks, candies, and potato chips
• clothing and footwear
• advertising (except for a non-resident of Canada who is non-registrant of GST or HST)
• taxi or commercial ride-sharing services
• legal and accounting services
• franchises
• hotel accommodation
• barber and hairstylist services

Speak to a commodity tax lawyer below for complete clarification.

Zero-rated or those which are taxable at 0% are basic groceries, books, most agricultural and fishery goods, most farm livestock, prescription drugs and drug-dispensing services, certain medical devices such as hearing aids and artificial teeth, and feminine hygiene products. A commodity tax lawyer will make sure that these items are taxed properly during their lifetime.

Tax-exempt commodities are sale of housing previously used as a residence, long-term rentals, most health, medical, and dental services, child care services, most domestic ferry services, legal aid services, most educational services, most services provided by financial institutions, issuance of insurance policies, and charities and public institutions.

While both zero-rated and tax-exempt means that GST or HST are not collected on these commodities and services, the difference between the two is that for zero-rated commodities, vendors are eligible to claim ITCs to recover GST or HST, whether paid or payable; while it is not the same for those which are tax-exempt. The only qualification is that the vendor must be a GST or HST registrant for these exemptions to apply. Contact one of the best commodity tax lawyers near you from the list below for assistance.

Is HST a commodity tax?

As mentioned above, HST is a type of commodity tax that is imposed on commodities and services which may collectively differ in each province, after its implementation in 1997. This resulted to a higher rate of taxes (15% for New Brunswick, Newfoundland and Labrador, Nova Scotia, and Prince Edward Island; and 13% for Ontario).

Since it is implemented similarly to the GST, some products and services may be exempted from this levy, such as the zero-rated and the tax-exempt. Consumers pay the HST at the point of sale (POS), which are then remitted by the vendors to the CRA. The said taxing agency further allocates the portion of the HST to the province concerned.

Taxes may be complicated, and we’re here to help! Look below for our lawyers who can assist you about taxation.

Best Competition lawyers in Canada as ranked by Lexpert

Competition lawyers in Canada falls into two broad but distinct categories: solicitor (advisory) work (which includes merger analysis); and litigation.

Solicitor (Advisory) Work: Providing advice on Competition Law issues is an increasingly important part of advising business clients. Competition lawyers are called upon to advise clients on the competition law implications of a variety of business activities. By identifying and helping clients to address these issues, competition lawyers assist clients in managing and minimizing competition law risk. The best competition lawyers provide advice with respect to corporate and commercial matters and day to day business practices. They are also advocates for clients in discussions with Competition Bureau officials. Principal areas of advice and representation include: mergers and acquisitions; strategic alliances and joint ventures; marketing and distribution activities; relations with customers, competitors and suppliers; and, increasingly, the interface between competition law and intellectual property law.

Competition Litigation: Competition litigation in Canada has traditionally involved representing clients before the courts on criminal matters and before the Competition Tribunal on civil proceedings initiated by the Commissioner of Competition. While there was limited private competition litigation in Canada in the years immediately following the enactment of the Competition Act in 1986, this type of proceeding has become more common with the advent of competition law class actions. Recent amendments permitting limited private access to the Competition Tribunal, and proposals to expand private access, are likely to lead to further private competition litigation in Canada.

What is competition law?

Competition law is the branch of law that seeks to protect consumer welfare by regulating competition among corporations or companies. It ensures that businesses are given fair and equal opportunities to compete in a given market for goods and services by prohibiting anti-competitive conduct by these corporations or companies.

Competition law may be also known as anti-monopoly law, anti-cartel law, or anti-trust law. Competition lawyers who specialise in this field of law assist businesses and consumers alike with their dealings with or litigations against violators of the competition law.

What are the best competition lawyers trying to do?

The main objective of competition law is to promote healthy, fair, and equal competition among businesses. It levels the playing field by regulating the acts of these businesses, especially against monopolising, cartelising, and other specific acts under criminal law or civil law.

What principles are competition lawyers looking to uphold?

Competition lawyers ensure that the following principles are embodied in companies or corporations they work for to prevent stringent legal battles with government enforcers.

• Free trade: Competition law prohibits acts that restricts free trade among businesses, as this would diminish healthy competition in the market. Cartels usually employ means to which restrict free trading, hence, giving the competition law its anti-cartel component.
• Open competition: Competition law also prohibits abusive dominance, or monopolization, of certain players over a market of a product or service. As a result, monopolies singularly control prices and business deals, which are in itself anti-competitive.
• Legal mergers and acquisitions: Although not illegal per se, mergers and acquisitions are classical ways to cartelise or monopolise markets. Hence, competition law also regulates or oversees mergers of companies or acquisitions, to the extent that these are not restrictive to free and open competition of businesses.

What is the Canadian Competition Act and its goals?

The Competition Act is the main federal law in Canada which governs and regulates competition law among business sectors. It is the Act which provides for “general regulation of trade and commerce in respect of conspiracies, trade practices and mergers affecting competition”.

The Act contains both criminal and civil offenses, which are enforced by the Competition Bureau under the administration of the Commissioner of Competition. Cases filed against violators are adjudicated by the Competition Tribunal, whose decisions are appealable to the Federal Court of Appeal. For competition lawyers, this Act is the bedrock of all laws with regards to Canadian competition law.

The Act aims to foster the viability of Canadian economy, ensuring that competition is not proliferated with unwarranted and illegal acts of businesses, and that promotes growth of small- and medium-sized enterprises by providing them equal opportunity as that with the large corporations. Moreso, it protects consumers from overwhelming prices and a providing them with a variety of products to choose from.

Like any other Canadian laws, the Act is subject to ongoing reforms by policymakers for it to become relevant in light with the growing worldwide economy.

What are prohibited under the Competition Act?

The prohibitions and restrictions of the Canadian Competition Act can be divided into three categories – Mergers, Criminal Provisions, and Civil Reviewable Practices. As such, competition lawyers are knowledgeable in one or all these categories.

Mergers (Part VIII and Part IX, Competition Act)

Pre-merger notification and the substantive review of mergers

A merger is defined in Section 91 of the Act as the direct or indirect acquisition or establishment by one or more persons of control or significant interest in whole or a part of a business of a competitor, supplier, customer or other person.

Mergers may be done either through:

• • purchase or lease of shares or assets
  • amalgamation
  • combination of both or otherwise

Generally, the Competition Bureau must be notified of mergers that have exceeded certain thresholds as provided in the Act. Otherwise, the said Bureau has the right to question any merger prior to its completion and for one year after its completion, unless it has been issued an advance ruling certificate. As such, it is best to consult with the best competition lawyers before going into a merger or acquisition.

Criminal Provisions

Cases falling under the criminal provisions of the Competition Act are tried in criminal courts of Canada, where the best competition lawyers may capably represent both accused violators, or the aggrieved party or parties.

Conspiracy (section 45)

Conspiracy exists when two parties – usually competitors – agree or arrange, written or unwritten, to either: fix, maintain, increase or control prices; allocate sales, territories, customers or markets; or fix or control the production or supply of a product.

Bid-rigging (section 47)

Bid-rigging generally manipulates results of biddings to favor one party in exchange for something. Unless the agreement is made before the bids are submitted, bid-rigging is committed in the following ways:

• • when two or more bidders agree that one or more of them will not submit a bid or tender; or
  • when one bidder will submit and then withdraw a bid or tender in response to a request for bids or tenders; or
  • when bids or tenders are submitted that are arrived at by agreement between two or more bidders

Deceptive marketing

Under several provisions of the Act, numerous prohibitions are laid out against deceptive marketing, falling under the general prohibition on false representations.

• • Deceptive telemarketing (section 52.1)
  • Drip pricing (subsection 52(1.3) and subsection 74.01(1.1))
  • Misleading multi-level marketing (section 55)
  • Pyramid selling (section 55.1)

Civil Reviewable Matters

Certain acts or conducts of companies may be reviewed by the Competition Tribunal through the instance of any private party or by the Competition Bureau. Because these are not illegal per se but are reviewable if it becomes anti-competition, companies may check with our Lexpert-ranked competition lawyers when such acts or conducts becomes reviewable.

Refusals to deal (section 75)

There are refusals to deal when a prospective customer’s business is affected because of inadequate supplies anywhere in a market, even though the customer has been able to meet the usual trade terms of suppliers.

A form of this conduct is called tied selling when there’s a refusal of a supplier to deal with a customer, unless conditions imposed by the supplier are followed by the customer.

Price maintenance (section 76)

There is price maintenance when a supplier controls the prices that a seller put on their products, by agreement, threat or promise; or when a seller is refused supplies because of the low pricing policy of the seller.

Exclusive dealing (section 77)

Exclusive dealing occurs when a supplier, as a condition of supply, requires a customer to deal only or primarily in products supplied or designated by the supplier, or refrain from dealing in a specified product except as supplied by the supplier. Exclusive dealing includes inducing a customer to agree to these conditions by offering to supply the customer on more favourable terms.

Vertical market restriction occurs when a supplier, as a condition of supply, requires a customer to supply a product only in a defined market, or exacts a penalty from the customer if the product is supplied outside a defined market.

Abuse of dominant position (sections 78 and 79)

There is abuse of dominant position when a companies or corporations has dominant control over relevant markets in or a part of Canada, which is/are engaged in anti-competitive acts as enumerated under Section 78.

Criminal misleading representations (section 52) and Civil misleading representations (section 74.01)

Misleading representations are both criminal and civil in nature and exists when there are false or misleading claims about the efficacy or quality of a product.

Are you an entrepreneur who wants to hear more about the Competition Act? Head down below and get in touch with some of the best competition lawyers in Canada as ranked by Lexpert.

Best Computer & IT lawyers in Canada as ranked by Lexpert

Computer & IT Lawyers advise clients, and for some, conduct litigation on a number of matters, including the following: intellectual property — the protection of software, multimedia products, electronic databases and other information-based assets through copyright, patent, trade secret and trademark laws; criminal law — the manner in which Canada's Criminal Code applies to computer crime activities such as hacking and virus implantation; regulatory laws — the regulation of data protection/privacy, the control of high technology exports, and the regulation of the Internet; commercial law — the impact of contract, competition, sales, bankruptcy and tax laws on the distribution and sale of computers and information-based products and services, including the drafting and negotiation of a wide variety of agreements for the supply of computer-based resources; and electronic commerce/Internet law — the contract, evidence, libel and other laws impacted and challenged by our transformation from a paper-based to a computer/electronic-network-based society.

Through modernisation, globalisation, and the fast economy, the cyberspace has evolved in many unprecedented ways which many people have not foreseen. With these developments comes the laws which generally governs our interactions with each other through the “web” or in the “cloud”, and the computer and IT lawyers who practice this law.

The branch of laws which impact computer and IT lawyers

This branch or area of law may come in different names or terms:

• Computer law
• Information technology law
• IT law
• Cybersecurity law
• Software law
• Internet law

However, these laws may be defined as laws which govern an individual’s or an organisation’s conduct on the internet; the use, transfer, and collection of information through the internet; or, laws governing e-commerce.

What does a computer and IT lawyer do?

A computer lawyer or an IT lawyer is basically concerned about electronic information and may specifically work in one or multiple fields of intellectual property (IP) rights; privacy; cybercrimes; telecommunications; and torts and damages.

E-Commerce Law

Contracts are established through a simple transaction on the internet, especially in e-commerce, such as when buying something or availing of a service online. These “contracts”, even though not physically prepared and signed, are manifested not only between an online provider/vendor and an online customer, but also with the product manufacturers, the physical couriers, or other parties involved in a single or series of transactions.

Computer lawyers or IT lawyers are knowledgeable to enforce these contracts when expressly or impliedly created, such as service agreements or outsourcing contracts, when there’s breach, or when there’s complaints or grievances regarding these contracts. Problems mainly arise about payments but also out of its warranties and guarantees.

Intellectual Property (IP) Rights Law

Intellectual property rights are rights of a person, group of persons, corporations, or organisations with respect his/her/their original creations. Computer lawyers or IT lawyers are concerned with the application of patents, trademarks or licenses, and the registration of copyrights of the original work of these groups or individuals.

The registration or application is done according to the federal regulations of Canada, specifically with the Canadian Intellectual Property Office, in relation with the international treaties and conventions regarding IP rights if there is an international law component in said registration or application.

Corollary with registration and application, litigation is also a part of IP rights law, where the original patents, trademarks, or copyrights of an original owner is illegally used by a competitor. Computer lawyers or IT lawyers also ensure that the persons or groups they represent are also not in contravention of IP law or IP rights of others.

Privacy Law

Privacy law can be applied in two ways:

• As a product/service provider, website owner, internet provider, or as any other similar corporation – computer lawyers or IT lawyers ensure that these persons, corporations, or organizations regularly follow privacy laws, such as proper handling of confidential consumer data, protection of these data against hackers
• As a consumer or client – on the other hand, computer or information technology lawyers pursue actions against persons, corporations, or organizations mentioned above when there has been gross violation of a client's rights with regards to privacy

Cybercrimes

In Canada, cybercrimes are governed by different laws and jurisdictions, which is discussed below. In general, an IT lawyer or computer lawyer ensure that violators of cybercrimes do not go unpunished; and similarly, that persons, corporations, or organizations do not become violators themselves, and that systems are in place prevent internal cybercrimes from occurring.

Telecommunications Law

Government regulations on telecommunications or service providers in Canada are mainly provided under the Telecommunications Act. The Act is implemented by the Canadian Radio-television and Telecommunications Commission (or the CRTC), which is under the Industry Canada. IT and computer lawyers guide telecommunication companies with the observance of the Act, and litigations against the government or private individuals when the Act has been violated.

What other areas do computer & IT lawyers impact?

In the judicial sector, computer systems and information communication technology (or ICT) may improve the administrative or bureaucratic system to provide a speedy, reliable and economical disposition of justice. A technology lawyer may help through this process of infusing ICT and the justice system, along with professional computer and IT programmers. This may in the form of:

• Online filing of legal forms or pleadings
• Conducting legal conferences, pre-trials, or even the trial itself through online platforms
• Presentation of evidence online, whenever possible
• Education about the legal system in online resources
• Publishing case law, case reports, and laws and regulations

Technology lawyers ensure that laws are not violated during these processes, and that the integrity of the judicial system is still maintained.

What laws do computer an IT lawyers focus on?

In Canada, there are multiple laws governing cyber security and IT, from federal laws to laws in respective provinces or territories. These are just some of the laws that a computer lawyer or an IT lawyer have a good grasp of.

Criminal Code

Canada’s Criminal Code provides for different crimes which may be committed using computers or the internet. The following are some of the acts prohibited by the said Code:

• Interception of communication without consent by means of any electro-magnetic, acoustic, mechanical or other device (section 184);
• Theft (section 322) which can be applied to online transactions, provided that there’s intent to fraudulently and without right to convert to his use, or to the use of another, anything, whether animate or inanimate;
• Unauthorized use of computer under Theft by intercepting any function of a computer system, fraudulently and without colour of right, to commit other offence (section 342.1);
• Phishing confidential personal information through the internet which may constitute Fraud under section 380(1);
• Mischief in relation to computer data by destroying or altering computer data, or obstructing the legal use or denying the lawful access of these data (section 430(1.1)) which includes malicious spreading of computer malwares and viruses;
• Identity theft and identity fraud in sections 402 and 403 which may be committed using any medium – either online or offline;

Personal Information Protection and Electronic Documents Act (PIPEDA)

PIPEDA is the federal legislation which protects employees’ personal information against their employers from disclosing or using this personal information. The Act may either apply to federally regulated organizations or to private-sector organisations.

Canadian Anti-Spam Law (CASL)

The CASL provides prohibitions against unwarranted sending of commercial electronic messages. It also contains provisions against software installation during commercial activities, including provisions aimed at viruses and spyware.

What are the laws of IT infrastructure?

Bill C-26 is Canada’s proposed bill respecting cyber security and IT infrastructure. Its major propositions are (1) the amendment of the Telecommunications Act and other legislation; and (2) the implementation of the Critical Cyber Systems Protection Act (the CCSPA).

Need consultation on matters concerning information technology, cyber security, or the internet? Continue reading below to see the best IT lawyers or computer lawyers in your area.

Best Construction lawyers in Ontario, Canada as ranked by Lexpert

The practice of Construction Lawyers in Ontario is generally understood to comprise the provision of advice and representation, whether by way of negotiation, judicial proceedings, alternative dispute resolution, mediation or arbitration, in all matters relating to the construction process including preparation of contract documentation and related agreements, contract negotiations, claims for extras/credits, claims arising from alleged design changes, claims under bid bonds, performance bonds, labour and material payment bonds, lien bonds and judgment bonds, claims arising from delay, claims for consequential damages, claims in relation to environmentally hazardous materials and for unanticipated subsurface soil conditions encountered during construction, claims for negligence against consulting engineers and architects, and claims for breach of statutory trust.

Please note that the Lexpert directory has separate sections for:

• Construction labour relations lawyers in Ontario
• Occupational health and safety lawyers in Ontario
• Property development lawyers in Ontario

What regulations are construction lawyers in Ontario concerned with?

As to adjudication in relation to the Construction Act of Ontario, only adjudicators listed under the registry of the Authorized Nominating Authority (ANA) may be allowed to adjudicate construction disputes. They would also have to undergo the necessary training and other requirements by the Construction Act and the ANA, which also gives them the power to cancel any registration of said adjudicators.

What laws do construction lawyers focus on?

Prompt Payment (Part I.1, the Act)

The Construction Act of Ontario provides that new mandatory minimum time period for payment of construction contracts. Now, the owner of the construction project is required to pay the contractor within 28 days from receipt of a “proper invoice”, as defined in section 6.1. After receipt of payment, the contract must in turn pay the subcontractor included in the said invoice within 7 days.

Under section 6.4(2), when an owner would want to dispute a proper invoice, a “notice of non-payment" must be given to the contractor, which specifies the amount not paid and the reasons for non-payment. Construction lawyers in Ontario can certainly help facilitate this.

Adjudication (Part II.1, the Act)

When problems arise, the Act states that adjudication should be done immediately to resolve any construction disputes. The Act provides that disputes shall be resolved by the adjudicator within 30 days from receiving the documents from the party requesting the adjudication. Any matter falling under section 13.5(1) may be referred to adjudication.

The effect of the determination, as provided in 13.15 (1), shall be binding upon the parties, until the matter is determined by a court; or determined by way of arbitration under the Arbitration Act; or by a written agreement between the parties.

Lien (Part III and V, the Act)

A lien on a property is created when a person who supplies services or materials to an improvement for an owner, contractor or subcontractor for the price of the said services or materials he/she has supplied (Section 14(1), the Act). Previously, the person who has a right to lien – contractors, workers, or any person – must file or perfect the lien within 45 days. But after the amendments, it has been extended to 60 days, but still from the date of the completion or abandonment of the project.

The extension of the period for the perfection of a lien connected with the amendments on prompt payment and adjudication. This is to encourage parties to first comply with their agreed payment, to proceed with adjudication if payment is not effected, before going to the enforcement of liens. In all stages, construction lawyers are there to facilitate the enforcement of any of those rights. What is prevented is for parties going to litigation which is more costly and tedious.

Holdbacks (Part IV, the Act)

Under Section 22(1) of the Construction Act of Ontario, holdbacks are the amount equal to 10% of every payment made as a security for any potential liens. These amounts are “held back” by a payor in a construction project, either the owner who must pay the contractor, or the contractor themselves who needs to pay the subcontractors, until all potential liens have been discharged.

Currently, there are new forms of holdbacks other than as funds, such as letter of credit; demand-worded holdback repayment bond; or in any other form to be agreed by the parties, as per Section 22(4). Payment of holdback can also be made on an annual basis (Section 26.1), phased basis (Section 26.2), or design phase (Section 26.1(3)).

If payments on holdback cannot be made, there should be notice of non-payment, resulting to the matter being referred to adjudication.

Trust Funds (Part II, the Act)

Amendments to the Construction Act of Ontario now imposes new duties on contractors and subcontractors. Both now become trustees of trust funds, and are required to deposit payments they receive in a bank account after the trustee’s name.

Mandatory Performance and Payment Bonds (Part XI.1, the Act)

In connection with the trust funds established by the contractors and subcontractors, Section 85.1 now requires contractors who, upon entering a “public contract”, “shall furnish the owner with a labour and material payment bond.” The coverage of the amount shall be 50% of the contract, or any other percentage of the contract price.

What is Section 32 of Ontario's Construction Act?

Construction Act of Ontario in Section 32 provides that a payment certifier must issue a Certification and Declaration of the Substantial Performance. This certifies that, at a certain date, the contractor has substantially completed the project. In the absence of a payment certifier, the owner and the contractor may jointly execute said certification.

What is Section 39 of Construction Act?

Section 39 of Ontario’s Construction Act provides that any person, or a person who has a lien, is a beneficiary of a trust, or is a mortgagee has the right to information from the owner, contractor, subcontractor, mortgagee, or trustee. Any person refusing to provide the requested information shall be liable under the Act.

What is Section 26 of the Construction Act?

The Construction Act of Ontario in Section 26 states that the payment of basic holdback is required to discharge all claims with respect to the lien that have already expired. Previously, the release of holdback was not mandatory, but is now made required after the amendments to the Act.

Do construction workers get overtime pay?

As a general rule, under the Ontario Regulation 285/01 and 288/01, constructions workers are not entitled to daily or weekly limits on hours of work. Hence, they do not get overtime pay.

Other benefits constructions workers are not entitled to are daily rest periods, time off between shifts, weekly/bi-weekly rest periods, notice of termination/termination pay, and severance pay.  However, this rule does not apply to construction workers who work in the maintenance, road building, or sewer and watermain construction. A construction lawyer based in Ontario would be able to advise on the differences here.

Want to know more about Ontario’s construction law? Consult with the best construction lawyers in Ontario by heading down below to our Lexpert Ranked list.

Best Corporate commercial lawyers in Canada as ranked by Lexpert 

The practice area of corporate commercial lawyers is difficult to define since it (a) means different things to different people and (b) necessarily incorporates practice areas which, in some firms, are distinct areas of specialization, e.g., corporate finance, insolvency. With this being the case, the corporate commercial lawyers below can be thought of as specialists in a wide variety of areas of the law around corporations, finances, and insolvency. 

Please note the Lexpert Directory has separate sections for:  

• Corporate finance and securities lawyers

• Corporate tax lawyers  

• Financial institutions and banking lawyers 

• Financial restructuring and insolvency lawyers 

• Asset equipment financing and leasing lawyers 

• Mergers and acquisitions lawyers 

What is corporate commercial law? 

Corporate law deals with laws and regulations governing corporations, its officers and workers, and its relationship with the public, starting from the creation of a corporation, until its liquidation or dissolution. Commercial law deals with the legal services for the income-generating activities of businesses. In general, corporate law and commercial law are broad practice areas, and one sub-area out of these two is corporate commercial law.  

Corporate Commercial Law 

Corporate commercial law, which may also be referred to as business law, includes all activities related to the financial success of a corporation. It governs all stages of a corporate “life” – from starting a small business, a venture or as SMEs, until its eventual growth through business and operational expansions. It would also include day-to-day operations and the legal issues that arise from them. 

Canadian Corporate Commercial Law 

As with corporate law, the corporate commercial law in Canada is similarly governed by the Canada Business Corporations Act. The Act governs federal for-profit corporations which are formed under the Act. Under Section 3, “corporations” under the Act excludes banks, credit associations, insurance companies, trust and loan companies, and educational institutions. Other significant provisions are: 

• Part II: details of incorporation 

• Part III: specifies the capacities and powers of a corporation 

• Part X: directors and officers, their qualifications and responsibilities 

• Part XII: conduct of shareholders’ meetings and elections 

• Part XVIII: process of a corporation’s liquidation and dissolution  

What does a corporate commercial lawyer do? 

Incorporation 

When an entity is to be incorporated, the work of corporate commercial lawyers starts. They ensure valid compliance with government regulations on incorporations, which may also include laws on securities and taxation. They also ensure compliance with the Canada Business Corporations Act whenever these provisions are applicable, in addition to any provincial or territorial business corporations law. 

Corporate Structure 

During the incorporation stages, and even until the corporation fully operates, corporate organisational structuring is essential and may be one of the responsibilities of a corporate commercial lawyer. It might also include the delineation of the roles and responsibilities of each employee, and defining the relationship between the corporation and the employees. 

Contracts 

Most of the time, the centerpiece of the work of corporate commercial lawyers are contracts. These contracts may be contracts on sales and distributions with other corporations, contracts on capital investments or venture capitals, contracts between the corporation and its employees, and any other contract that the corporation deems necessary for its growth and expansion. Contracts must also meet with federal, provincial and territorial laws in order for it to become valid. 

Partnerships 

When a corporation enters into a partnership contract or agreement, corporate commercial lawyers ensure that the contract has the corporation’s best financial interests and that it each “partner’s” rights and obligations are clearly defined. Notably, Partnership Acts are passed in various provinces and territories that needs to be complied with when entering partnerships. 

Mergers and Acquisitions (M&A) 

When acquiring other businesses through a merger or an acquisition, different laws may apply, such as federal, provincial or territorial laws on M&A, taxation, property law, banking law, investment law, and even international law when there’s a foreign element in the transaction (e.g., acquiring company is a foreign company). 

Franchise 

When a corporation acts either as a franchisee or a franchisor, lawyers make sure that a franchise contract follows the governmental regulations, such as the execution of the disclosure document, and application and payment of various tax impositions. 

Corporate Financing 

Managing the corporation’s current cash flow for its daily operations may also be a job for corporate commercial lawyers. This would also include acquiring capital from investors, banks, or other third parties, where contracts law are heavily applied. For these transactions, banking laws, securities laws, and investment laws must be considered that specialised lawyers may guide corporations with. 

Service Agreements 

Other contracts may fall under service agreements. Although, there is no single federal agency governing service agreements, its regulations are covered by common law and contracts law. 

Litigations, Mediations, and Arbitrations 

Corollary to contracts are the negotiations ensuing before its perfection, whose duty would still be under the corporate commercial lawyers. When contracts fail, or there’s a breach by any party, lawyers will try to ease up tension and prematurely remedy the dispute through alternative dispute resolutions, such as mediation, or through arbitration, in the objective of preventing a full-blown trial.  

But when court actions are filed (or must be filed), corporate commercial lawyers represent clients before tribunals or courts in the interest of either rescinding the contract, demand for damages and losses, or enforce specific performance from the violator. 

Liquidation, Bankruptcy, or Insolvency 

When a corporation declares itself bankrupt, or has become insolvent, a corporate commercial lawyer is there to guide the overarching layers of bankruptcy laws and insolvency laws, such as the Bankruptcy and Insolvency Act. On the other hand, when the company decides to liquidate itself, provisions on liquidation in the Canada Business Corporations Act must be complied with. 

Other areas of law 

As previously mentioned, corporate commercial law is also not exclusive from other areas or branches of law, such as taxation laws, securities law, property laws, or laws on succession, and even public and private international law when the corporation transacts business internationally, or exports or imports products to or from Canada. As such, corporate commercial lawyers are flexible enough in their practice, covering various stages of a corporate’s life, with the added layer of other areas of law. 

What's the difference between corporate and commercial law? 

Corporate law is a much more restricted branch of law, in a sense that it is only concerned from the birth until the death of the company; whereas commercial law has a wider scope in relation to a corporation, such as all transactions for its financial growth. 

In need of a corporate commercial lawyer to help in your business financial endeavours? Scroll down to see a list of the best corporate commercial lawyers in Canada who have earned their Lexpert Ranked status. 

Best Corporate finance lawyers in Canada as ranked by Lexpert

The practice area of corporate finance lawyers includes financing vehicles or instruments, whether public or private, including IPOs, capital market equity offerings, installment receipt transactions, securities regulation and compliance, debt securities, bond issues, linked debt/equity instruments, structured financings, hybrid structured financings incorporating tax driven and capital markets products, private placements, commercial paper; financing structures related to capital reorganizations and restructurings, mergers and acquisitions, leveraged buy-outs, take-overs, management buy-outs and buy-ins; venture and development capital, high-risk (vulture) capital; asset backed financings, asset backed securities, asset securitization, receivables financing, off-balance sheet financing, etc.

Please note that the Lexpert Directory has separate Sections for:

• Asset and equipment financing and leasing lawyers
• Asset securitization lawyers
• Financial institution and banking lawyers
• Derivative instrument lawyers
• Mergers and acquisitions lawyers

What does a corporate finance lawyer do?

A corporate finance lawyer firstly ensures that the companies they work for complies with federal and provincial or territorial statutes regarding financial transactions. Referring to the below-stated laws and other laws, a corporate finance lawyer provides legal advice and ensures compliance on these laws.

What is corporate finance law?

Since corporate finance requires companies to deal with inter-corporate relations and dealings with the government or the state, corporate finance law governs this relationship to secure the rights of every party and that all laws and regulations are not violated. Hence, a corporate finance lawyer, who assist companies with the legal perspective of corporate finance, are mostly transactional, rather than litigious.

Since transactions for corporate finance may involve public or private entities, or even both, which may traverse over international boundaries, corporate finance law connects with other bodies of law, such as corporate law, taxation, licensing, contract law, property law, banking law, securities law, insurance law, private international law, and insolvency law, among others. A Corporate finance lawyer, as a result, is knowledgeable not only on corporate finance law per se, but also with these other bodies of law.

In Canada, corporate finance law may be part of the more general corporate law, which is primarily governed by the Canada Business Corporations Act (CBCA). It is the federal act respecting business corporations, providing for a general framework of corporate governance for businesses operating at the federal level. On the other hand, when incorporating or operating at the provincial level, the applicable provincial and territorial corporate laws would apply.

Another federal law which would apply as to corporate finance law would be the Bank Act and the regulations promulgated for its implementation. The Act regulates bank transactions, which may include corporate finance activities.

What does corporate finance refer to?

Corporate Finance refers to the activities of a business, corporation, or a company with regards to the planning and management of its resources, which includes capitalisation, accounting, budgeting, taxation, and investment. It includes long-term and short-term strategies in addressing current and future financial opportunities and problems of the business, corporation, or company. Overall, its goal is to increase profit while minimising expenses and other costs.

Day-to-day operations of corporate finance would be handling cash flows (ins and outs of money), preparing financial reports and statements, monitoring of budget vis-a-vis actual daily or monthly expenses, projection of costs which would have huge impact to the company, and recommendation of dividends, among others.

With this, a corporate finance lawyer is usually engaged by companies to help with legal side when conducting corporate finance matters.

What are the 3 main areas of corporate finance?

The three main areas of corporate finance are (1) capital budgeting, (2) capital financing, and (3) working capital management.

1: Capital Budgeting

Capital budgeting makes up most of the activities in a company’s corporate finance. This is primarily concerned with determining which capital investments should the company focus on. The company prioritises capital spending, by calculating future income from proposed and actual capital projects, and making decisions based on other company factors, such as current and projected cash flows, or corporate financial targets.

2: Capital Financing

When a company or corporation lays out its financial plans through capital budgeting, capital finance comes in to capitalise these investments, and other corporate projects, or even its operational expenses. This may be done through acquisition of debts, equity, bonds, securities, or other capital-generating methods. In this sense, capital financing is heavily dependent on the capital budgeting.

3: Working Capital Management

Capital or financial management strikes a balance between capital budgeting and capital financing, specifically managing the company’s assets (e.g., investments) and liabilities (e.g., being able to pay creditors obligations become due) such as that the latter would not disrupt the company’s cash flow and budgetary requirements. By working capital management, the corporate finance ensures that there is sufficient liquidity to continue the current and future operations of the company.

What are the 4 types of securities?

A security is generally a financial instrument that can be sold or traded in public or private markets. These are usually offered by a company to increase capitalisation, hence, a part of a company’s corporate finance activities. The common four types of security are:

1. debt securities
2. equity securities
3. derivative securities
4. hybrid securities

1: Debt Securities

The most common examples of debt securities are bonds or a certificate deposit. These debt securities are bought or sold (depending on whose perspective it is) and they entitle the seller to fixed interest income based on the parties’ agreement on the interest rate and its maturity date (i.e., date of redemption).

In addition to interest, the principal amount is also repaid, which is in contrast to equity securities. In computing the interest rate of said securities, the borrower’s overall debt history, payment capability, liquidity, and solvency are taken into consideration.

2: Equity Securities

Equity securities are investments in a company’s equity (or equity stock) which represents ownership over the company’s net assets, thus enabling one to become a shareholder in said company. While equity securities are entitled to interest payments, these can be sold to become profits of said shareholder.

When a company is financially stable, corporate finance works to ensure the regular dividends of its shareholders; however, when it is otherwise, or worse, when the company becomes insolvent, shareholders are only entitled to the net proceeds of the company’s assets after payment of other creditors (and securities).

3: Hybrid Securities

When two different financial instruments are merged, such that this would have some characteristics of both a debt security and equity security, it forms a hybrid security.

4: Derivative Securities

When financial instruments based on the value of basic variables (or underlying assets) are traded or sold, these are called derivatives or derivative securities. Examples of basic variables include stocks, bonds, currencies, interest rates, or basic goods. Derivate securities may be in a form of:

1. Futures: Contracts or agreements obligating one party to or sell an asset at a determined future time;
2. Forwards: Similar to Futures, but differs with each other such that Futures are traded on exchange, while Forwards are not;
3. Options: Contracts or agreements giving a party the right, without the obligation, to buy or sell an asset at determined future time and price;
4. Swaps: Contracts or agreements where two parties swap or exchange liabilities or cash flows arising from respective different financial instruments.

Need assistance regarding corporate finance law? Scroll down to look for a some of the best corporate finance lawyer in your area, all of whom are Lexpert Ranked.

Best Corporate lawyers for the Mid-market in Canada as ranked by Lexpert

Corporate Mid-Market laywers refers to an area of transactional work involving businesses (private and public) whose revenues fall in approximately the $50 million to $200 million range. The nature of the businesses involved tends to include predominantly knowledge-based companies (technology, life sciences) who engage in transactions of a size that is typical of a Canadian mid-market M&A transaction without having regard to the revenue.

M&A practitioners focusing in this area are primarily called upon to develop transaction strategy and to advise (alongside the appropriate specialists) on the law as it relates to corporate, securities, finance, tax, competition, labour, employee benefits, real property, regulatory, environmental, intellectual property, litigation and the transaction.

Please be advised that the Lexpert directory has practice areas specific to:

• Mergers and acquisitions lawyers
• Labour relations lawyers
• Intellectual property lawyers
• Employment lawyers

What does a corporate lawyer do?

Corporate lawyers are employed by large enterprises down to SMEs with regard to their expertise on the federal laws and provincial and territorial statutes relating to businesses and corporations. The corporate lawyers that we have rated below as the best are focused on mid-market corporations. We cover what qualifies a company as mid-market further down in this article.

Corporation law

Corporation law is that branch of law generally governing corporations, from its inception, until its dissolution or bankruptcy, and the regulations imposed upon these corporations by the government. Since juridical entities or corporations have a separate legal personality from private persons, corporation law sets out their differences in law.

The Canada Business Corporations Act (or the CBCA) is the federal statute governing Canadian business corporations. The Act provides for the steps of incorporation; the capacities and powers of a corporation; the reports it needs to file; the authority, duties, responsibilities and liabilities of its shareholders, directors and officers; and the procedure for the liquidation and dissolution of a corporation.

Corporate lawyers

The work of corporate lawyers is typically around the CBCA, the corporation they serve, and the applicable provincial or territorial regulating statutes. In order to advise clients or corporations – whether they are small businesses, mid-market, or enterprises – of their rights, responsibilities, and duties, the best corporate lawyers are well-versed in these statutes and have a good grasp on the administrative workarounds of these statutes.

Overall, corporate lawyers ensure that the corporation complies with the impositions upon them by these federal and provincial or territorial regulating statutes, and other government regulations; oversee that the corporation also complies with the statutory standards with respect to its operations and its employees; and represent the best interests of their clients before any judicial court or administrative tribunal.

• Incorporation: At the onset of a corporation, a corporate lawyer is hired to guide the incorporators and other stakeholders of the incorporation process. This is to guide them on the numerous requirements set by the CBCA, and the provincial and regulating statutes, not only pertaining to corporation laws, but also of taxation laws.
• Shareholders and employees: Under the corporation law, a corporation is a separate judicial entity from its shareholders and employees. Thus, a corporate lawyer generally represents the corporation per se, and not its shareholders and employees, although the latter are the legal representatives and physical actors of the corporation. Although, this rule is absolute, especially in cases where the shareholder committed gross negligence or extrinsic fraud.
• Contracts: Being learned in legal forms, corporate lawyers assist corporations with the contracts they enter into – from drafting, including the necessary terms and clauses thereto, negotiations in case of disagreements, and enforcing such contracts when there are breaches. These contracts may be in whatever form, such as sales contracts, lease agreements, partnerships, among others.
• Arbitration or mediation: As an offshoot of the role of corporate lawyers in crafting and enforcing corporate contracts is the ability to mediate disputes or submit to proper mediation or arbitration institutions such disputes whenever proper, or when the contract between the parties say so.
• Mergers and acquisitions (M&A): M&A are also part of a corporate lawyer’s job, especially when dealing or negotiating with other companies, in order to arrive to a mutually beneficial deal for the two companies in the M&A. In this regard, compliance with securities regulation and taxation laws are also a part of corporate lawyers’ expertise.
• Litigation: As the work of corporate lawyers are mostly transactional, court or administrative actions are resorted to whenever the need arises, and in here, corporate lawyers are the ones to best represent their client-corporations before the court or tribunals.

What is considered a mid-market company?

Middle-market companies, or mid-market market businesses, are those businesses that are neither considered small businesses nor large, major enterprises. In other words, they are too small to be a big business, but they are also large enough to be considered a small business.

Although, there is really no set standard for how much yearly revenue or customers served for one to be considered as a mid-market business, certain financial institutions have considered some criteria in order to delineate between a small business, mid-market, and large enterprises.

• Small businesses: Have less than 100 employees and have an annual revenue of $5 to $10 million. These are the emerging businesses, small start-ups, local shops or restaurants, and online businesses.
• Mid-market companies: Employ about 101-500 workers and have an annual revenue of $10 million to $1 billion. It is at this level where many are looking to expand, franchise, and grow their business into multiple regions. Corporate lawyers are essential at this stage. Most typically, the corporations focused on by these lawyers are in the $50 million to $200 million range.
• Large enterprises: Those having over 500 employees and over $1 billion annual revenue. These are the companies whose brand names are popularly known, and may be located in multiple areas.

What are mid-market mergers and acquisitions?

Mergers occur when two entirely separate companies agree to incorporate into a single company, and acquisitions is when one company acquires or buys-out another, including its stocks and assets.

Middle-market mergers and acquisitions, or mid-market M&A for brevity, happen in many ways, such as when one mid-market company acquires another mid-market or a smaller company; when two mid-market companies merge; when two smaller companies merge to achieve a mid-market status; or when a large company acquires or merges with a mid-market company.

Currently, there mid-market lawyers who can assist in mid-market M&As. Mid-market lawyers advise their clients on coming up with a beneficial M&A, in accordance with the other branches of law, such as taxation, securities, labour, among others.

Need help with corporate laws, the CBCA, or any other corporate matters? Reach out to the best corporate lawyers for the mid-market as ranked by Lexpert below.

Best corporate tax lawyers in Canada as ranked by Lexpert

Corporate Tax lawyers advise on the taxation of public and private corporate, joint venture and other related and non-related business structures; tax planning respecting mergers and acquisitions, company restructurings, reorganizations, debt rescheduling and liquidations; taxation of commercial contract transactions, transfer pricing, leasing and other commercial agreements; taxation of natural resource extraction, refining and sales including various associated business structures; property related taxation particularly in relation to property development; taxation of financing transactions; taxation of various debt instruments, capital market instruments, funds and securitized assets; tax treaties, international corporate tax and tax aspects of international commercial transactions; taxation of foreign investment in Canada and the taxation of Canadian off-shore investment.

That laws doe corporate tax lawyers in Canada focus on?

Corporate Tax

Corporate income tax in Canada finds its legal basis in the Income Tax Act (or the Act), which is regulated by the Canadian Revenue Agency (or CRA). Anything from filing, paying, and disputes are made before the CRA as mandated by the Act. Altogether, corporate tax lawyers advise or represent their clients in any of these stages of taxation, before any of the administrative or judicial courts or tribunals.

There are two kinds of corporations – resident and non-resident – which has different rules as to corporate taxes.

Resident Corporations

All Canadian-resident corporations – which includes for-profit, non-profit, tax-exempt, or inactive – are required to file their corporation income tax return every tax year. This rule applies even if there is no taxable as to its computation. However, the only exempted corporations from filing their return are Crown corporations, Hutterite colonies and registered (not-for-profit) charities.

Non-Resident Corporations

Non-resident corporations, on the other hand, are only required to file their corporation income tax return, when it conducted any part of its business in Canada, when the non-resident corporation had a taxable capital gain, or when the said non-resident corporation sold a taxable property in Canada. This rule still holds true even if the non-resident corporation claims exemption based on any tax treaty.

In addition, non-resident corporations can voluntarily file for a corporation income tax return, even if none of the above circumstances applies, when the said non-resident corporation would want to apply or claim a tax refund, or would want to pay Part I tax under the subsection 216(1) or 216.1(1) under the Act.

However, there are situations where a non-resident corporation are exempt from filing corporation income tax return. When it had sold or disposed of a taxable Canadian property, or had a taxable capital gain, these corporations are not required to file their return when no Part I tax of the Act is payable for that tax year; when the said non-resident corporation does not have any tax liability from the previous tax year; or when the taxable Canadian property is disposed of are excluded according to section 116 of the Act.

Filing of tax return (Section 150, the Act)

Corporation income tax return in Canada must be filed within six (6) months at the end of each tax year, which is the end of the fiscal year for a corporation. The deadline of the tax return would at the last day of the sixth (6th) month, if the end of the fiscal year is on the last day of the month. But if the end of the fiscal year is not on the last day of the month, then the tax return should be filed on the same day of the sixth (6th) month.

Payment of income tax (Section 153, the Act)

Generally, corporations would have to pay their income taxes on a monthly or quarterly basis, except for the total of Part I, Part VI, Part VI.1, and Part XIII.1 taxes payable is $3,000 or less, which is either for the previous or the current year.

Rates of income tax (Section 123, the Act)

The rate of the federal income tax is 38% of the corporation’s taxable income, as provided in Part 1 of the Act. It can be lowered to 28% after federal tax abatement, which reduces the provincial or territorial corporation’s taxable income in Part 1 by 10%. General tax reductions are discussed below.

In the provinces or territories, there are two levels of rates – the lower rate and the higher rate. The lower rate will apply to the deductions for the federal small businesses. On the other hand, the higher rate will apply to all other income.

Penalties (Section 162, the Act)

The CRA may impose the following penalties for corporations who violated any of the provisions of the Act. Litigations may ensue arising out of these penalties, and should this unfortunately happen, corporate tax lawyers may assist corporations in defending themselves before the court.

Late filing of tax returns (Section 162(1), the Act)

A 5% penalty will be imposed for the late filing of corporate tax returns. On top of the 5% would be the 1% for each complete month that the return has not yet been filed, after the supposed deadline, up to 12 months maximum.

Repeated failure to file tax returns (Section 162(2), the Act)

The penalty for a corporation which has repeatedly failed to timely file their corporate tax returns will be twice increased. In this case, the penalty is now 10% of the unpaid tax when the corporate tax return should have been filed, and an addition of 2% for each complete month that the return has not yet been filed, after the supposed deadline, up to 20 months maximum.

False statements or omissions (Section 163(2), the Act)

When a corporation, either knowingly or under circumstances of gross negligence, consented in making a false statement or omission on a corporate tax return, shall also be penalised either $100 or 50% of the amount of understated tax, whichever is higher. Hiring one of the best corporate tax lawyers listed below is essential in this instance.

Misrepresentations by a third party (Section 163.2(1), the Act)

Under the Act, a third party would be liable and penalised if the said third party would advise or help another, or would knowingly allow a taxpayer, in filing for a false return or false tax information.

Appeals (Section 169, the Act)

Any unfavourable decision on an assessment or reassessment by the CRA, or by the Minister of Finance, on any tax matter originally heard by the said two federal entities, can be appealed before the Tax Court of Canada (or the TCC). However, it is highly advisable to exhaust all available administrative remedies before CRA and the Minister, before proceeding with the TCC.

What does a corporate tax lawyer do in Canada?

Corporate tax lawyers in Canada assists clients, such as businesses and corporations, in ensuring compliance of filing and paying corporate income taxes with the CRA. Corollary to that, corporate tax lawyers also represent clients whenever there are tax disputes before the CRA and other tax authorities, when litigations have been commenced before any of the tax courts, which include appeals for the adverse decisions by the court. Before any merger, acquisition, divestiture, and reorganisations or restructurings can begin with, the services of corporate tax lawyers are also sought to guide these companies with regards to the tax responsibilities which may arise therefrom.

How do I avoid or reduce corporate tax in Canada?

Tax reductions (Section 123.4, the Act)

A general tax reduction is available on qualifying income at a net tax rate of 15%, but applicable only on taxable income that is subject to the 38% tax rate. However, this reduction is not applicable to any income that benefits from preferential corporate tax treatment. A corporate tax lawyer can help you determine this.

CCPCs/SBDs

Canadian-controlled private corporations (or CCPCs) which claims small business deduction (or SBDs) may avail themselves of a net tax rate of 9% on the corporation’s active business income up to $500,000.

Not all enjoy doing taxes, but our corporate tax lawyers are here to help. Contact one of them for your corporate tax needs.

Best data privacy lawyers in Canada as ranked by Lexpert

Data Privacy lawyers are involved with the provision of advice in all matters relating to the collection, use, disclosure and maintenance of personal information. This includes data security, ownership, aggregation, licensing, commercialization and trans-border transfers, and advising on global and local anti-spam, health, workplace and general privacy and data breach legislation and regulatory enforcement.

Data privacy lawyers are also involved with privacy, data and cybersecurity due diligence, policies and audits; intra-corporate and international data transfers; data mapping; problematic online content; advising on artificial intelligence, machine learning, biometrics and other emerging big data technologies; and the privacy law and data provisions elements of business transactions.

Please note that the Lexpert Directory has a separate section for:

• Computer and IT lawyers
• Technology lawyers
• Telecommunications lawyers

Is data protection and data privacy the same?

Personal Information

Before defining and distinguishing data protection and data privacy, and looking closely at what data privacy lawyers do, we should first understand the meaning of personal information.

Personal information are data, on its own or when these pieces of data are collated, can identify, locate, or contact an individual. It may also be known as “personally-identifiable information”, data about an “identifiable individual”, or “personal data”. These pieces of personal information are usually collected by private companies and public agencies, which can unknowingly expose an individual or breach their privacy when used feloniously.

In Canada, statutory definition of the personal information differs. Under the Privacy Act, personal information means “any recorded information about an identifiable individual” (Section 3, the Act), while the Personal Information Protection and Electronic Documents Act or PIPEDA defines personal information as “information about an identifiable individual” (Section 2(1), PIPEDA).

Both statutes may refer to the same set of data or information, such as name, sex, age, national or Indigenous origin, race, marital status, religion, personal histories (medical, education or employment), financial information, personal views or opinions, identifying numbers (social insurance number, or driver’s licence), among others.

However, there are exceptions to what are considered as personal information, such as:

• Too generalized information
• Collective information or those not pertaining to an individual
• Anonymous information which cannot make a person “identifiable”
• Information about an organization or a business, which are usually public information
• Information about the government, its employees or public servants, as these are also public information

Data Privacy

Data privacy refers to the organisational policies or guidelines to protect personal information it collected, and controls who may, or may not, access these data. This may include persons who are granted access to these data in relation to their responsibility, or third parties consented to by the person giving the information and the organization handling said data. In here, data privacy lawyers can help craft these policies or guidelines.

Data Protection

On the other hand, data protection implements the said organisational policies or guidelines. It ensures that the personal information handled by an organisation is secured against illegal access, including theft or corruption, by putting up physical and/or technological safeguards.

Data Privacy vs. Data Protection

Data privacy and data protection are sometimes used interchangeably but differs in application – where the former is concerned with authorising access through policies and regulations, the latter restricts access to personal information by mostly employing IT system or technicalities.

Scope and method

Data privacy, as earlier established that it is concerned with policies and regulations, it seeks to comply with government regulations and statutes on protecting personal information or data. Data privacy lawyers come into picture to help companies and corporations meet these regulations to prevent legal complications.

As for data protection, it would somehow be the implementation of these policies or regulations, primarily by installing systems which would prevent data breaches, anti-hacking systems, and the like.

Roles in protection

Persons controlling the personal information are different in data privacy and data protection. In data privacy, it would be the users in control of what data or personal information they would be providing. Here, users are warned to not give personal information to untrusted organisations or entities. Once collected, then, it would be the responsibility of the organisations or agencies to protect these data, through the application of data protection.

Both complements one another

Data privacy and data protection complements each other, in a way that when one is lacking, incomplete, or not strong enough, it would result the ineffectiveness of the other. Having good internal policies and regulations are useless when there is nothing that protects the collected data from cyberattacks; at the same time, having strong protection would render it futile where there are loose or not strict policies. As such, data privacy lawyers and IT experts are both needed to put up a holistic data privacy and data protection system for an organisation.

What laws are data privacy lawyers focused on?

Canada’s data privacy laws are composed of numerous provincial and territorial statutes, and two federal laws, namely, the Privacy Act, and the Personal Information Protection and Electronic Documents Act (or PIPEDA). Data privacy lawyers’ expertise are among these several laws, identifying which law covers a specific organisation (public or private) to comply with data privacy.

The Privacy Act

The Privacy Act of Canada regulates the handling of personal information by the federal government offices and agencies. The Act primarily protects the privacy of individuals, and in addition, provides individuals with the right to access to the personal information that the Government of Canada holds about them.

Basically, information collected the federal government are protected under the Privacy Act, and this includes personal information of its federal employees. It provides for the specific collection, uses and disposal of these personal information, how these data can be requested from the government, and how investigations and complaints can be lodged with the Privacy Commissioner for any violation of the Act.

The Act applies only to federal government institutions which can be found under the Schedule of Institutions. However, the Act does not apply to political parties and political representatives, since, as mentioned above, these are public information.

Currently, there are initiatives to amend the Privacy Act to adjust to the current trends, especially after how COVID-19 changed the workplace in Canada.

Personal Information Protection and Electronic Documents Act (PIPEDA)

PIPEDA is the federal statute that regulates commercial businesses in relation to the personal information it collects. The said Act provides for remedies which can be availed by individuals in case of breach through filing of complaints with the Privacy Commissioner (Section 11), the power of the Commissioner to conduct audits to these commercial businesses (Section 18), and the promotion and handling of electronic documents (Section 31).

Who regulates privacy in Canada?

The Office of the Privacy Commissioner of Canada enforces the two statutes mentioned above, headed by the Privacy Commissioner of Canada. The Office, in enforcing said statutes, conducts audits in federal government agencies or private businesses, investigates complaints filed before the Office, and pursues court actions for the violations of said laws.

Among the jobs of data privacy lawyers are advising clients whenever any of the mentioned remedies are made, or when litigation has been pursued against them. It can also be the other way around, where data privacy lawyers represent individuals whose data privacy has been breached.

Looking to incorporate data privacy and data protection in your organisation? Or do you want to pursue an action for any privacy breach? Head down below and talk with a Lexpert-ranked data privacy lawyer in your area.

Best Derivative lawyers in Canada as ranked by Lexpert

Derivative Instruments work is generally understood to incorporate both the private and public derivative markets. Derivative lawyers may work in either or both of these markets. The best derivative lawyers will work in both and have clear understanding of the private and public markets.

On the private side, legal work will cover preparation of documentation for negotiation and assisting in the development of a wide range of products including interest rate, basis and cross-currency swaps; equity index and commodity swaps and forwards; over-the-counter options on government bonds (domestic and foreign), commodities, equity indices and other underlying interests; warrant products; caps, collars, floors, swaptions; forward rate agreements; foreign exchange contracts; and structured notes and hybrid securities.

On the public side of the derivatives market activities will include, in addition to the work noted above, a presentation of issuers or agents in public derivative product offerings and preparation of documentation for and assisting in the development of a variety of different financings involving the use of derivative products, including asset and inventory securitizations and oil, gold and other commodity monetization programs.

What are derivative financial instruments?

Derivatives are financial instruments or contracts, set between two or more parties, which derive their values or worth from the performance of an underlying asset (or basic asset or specific asses). In addition, a derivatives’ value may also depend upon group of assets, or benchmarks.

These underlying assets, sometimes called an “underlying” for brevity, can be:

• Commodities
• Precious metals (gold, silver, etc.)
• Currency
• Bonds
• Stocks

As such, fluctuations in these underlying assets are where a price of a derivative is determined or derived from.

Derivative lawyers, as will be discussed below, are acquainted with the different uses along with its different types and methods of trading. This elaborate system is known to them to ensure clients that going into a specific derivative contract benefits their companies or corporations well.

Uses of Derivatives

Derivatives are used by companies and corporations in different ways.

1. First is to hedge risk, a risk reduction mechanism where an investor “hedges” one investment by making a trade in another.
2. Another way of using derivative is for speculation, where investors “bet” on the future price of the asset through speculation. This is also the reason why derivatives are labelled as “legal gambling”.
3. Lastly, derivates can also be used to increase leverage. Here, borrowed money, or a financial instrument such as a derivative, is used to increase the potential return of an investment.

Methods of Trading Derivatives

In buying or trading derivatives, it can be either through over-the-counter (or OTCs) or through an exchange. OTC trading means that derivative contracts, or any others like stocks or bonds, are done in an unregulated manner, or outside of the centralized exchange. This is usually done through a broker or dealer, and is resorted to by companies or corporations that do not meet the requirements to be listed on a standard market exchange. On the other hand, when trading is done through the exchange, it means that it is traded through standardized contracts and are regulated by agencies concerned with such transactions.

Securities Regulators

In Canada, securities – including derivatives – are regulated by the different securities regulating commissions or agencies of the respective provinces or territories.  At the federal level, there is no single government entity regulating securities, however, the different provincial securities commissions or regulators formed together the Canadian Securities Administrators (or CSA).

What is considered a derivative instrument?

Derivatives can be in different types or forms, according to its three primary uses and the method it is traded.

Options

Options or an option is the simplest form of a derivative contract. In an Option, the buyer pays the seller and acquires the rights over an underlying asset, and the buyer may now either buy or sell the said underlying asset at a fixed price, on or before the specified future time in the contract. Here, investors “bet” on the price movement of the underlying asset. Notably, the buyer only acquires the rights over the said asset, but is not obligated to buy or sell it.

Forwards or Forward Contracts

A forward, or forward contract, is an OTC derivative contract between two parties, wherein the buyer binds themself to purchase an underlying asset from a seller at a specific future time, but at a price agreed upon prior to or during the signing of the said derivative contract.

This derivate contract is in the nature of bilateral contracts – hence, it must be agreed upon by both parties, subject to their mutual terms on the size, expiration date, asset type and quality, among others. In addition, since forwards or forward contracts are OTCs, its price is not available to the public domain, and is generally unregulated by governing agencies, putting the parties at their own risk.

Futures or Future Contracts

Futures or future contracts, on the other hand, are contracts traded through exchange, where a buyer agrees to buy financial instruments – or derivatives for this purpose – or other commodities or assets at a price agreed upon by the parties, but subject to delivery at specified future time.

This is similar to Forwards or Forward Contracts, but differs in the method since Futures are exchange-traded contracts, hence, they are regulated by the government. In addition, as an effect of it being regulated, there is a daily balancing of gains and losses through the clearinghouse.

Swaps

Swaps, or a swap, is another OTC derivative contract, wherein two parties “swap” or exchange a series of cash flows or liabilities from two different financial instruments or derivatives. Specifically, one party swaps with another party, where the latter would pay the former by the performance of an underlying asset; and such situation is reversed but involves a different underlying asset.

There are different types of Swaps, such as:

• Interest Rate Swap
• Credit Default Swap (CDS)
• Total-return Swap
• Commodity Swap
• Currency Swap
• Debt-equity Swap

What does a derivative lawyer do?

Given the different types or forms of derivative contracts, each having their own advantage and applicability, derivate lawyers are best consulted with before pursuing a specific derivative contract.

Derivative lawyers assist clients in the preparation of the derivative contracts itself, or in the interpretation thereof if such is prepared by another party. Should there be unfavourable provisions in the contract, derivative lawyers negotiate with the other party to come up with a mutually acceptable contract. Along with this line, derivative lawyers must also have a good understanding of the current laws and regulations applicable for derivative contracts, especially if the dealing with exchange-traded contracts.

Litigations, arbitrations, or mediations are also part of the work of derivative lawyers. Prior to going to court, parties might want to engage in mediation or arbitration first, to privately resolve issues – or alleged violations – arising from their rights and obligations based on the derivative contract. If all else fails, and a court action is deemed proper, derivative lawyers turn to procedural law to represent the best interest of their clients.

What types of clients do derivative lawyers work with?

Clients of derivate lawyers may either be public or private corporations, such as banks, brokers or agencies, insurance companies, investment companies, among others.

Interested in entering a derivative contract? Consult with the best derivative lawyers as ranked by Lexpert by scrolling down.

Best Employment lawyers in Canada as ranked by Lexpert

Employment Lawyers work on the rights and obligations between individuals and their employers. The foundations of employment law arise from the common law in most provinces and the civil law of Québec. This forms the basis of what employment lawyers practice.

The main obligations of the employer are to provide work agreed to, pay the remuneration and provide a safe workplace. The employee must execute the work agreed to and be loyal to the employer. The practice of employment law generally involves the negotiation and drafting of individual employment contracts, advice with respect to the numerous aspects of the main obligations, the drafting of non-solicitation and non-competition clauses, golden parachute compensation plans and arbitration clauses.

In addition, it involves litigation arising from the employment relationship, including unlawful or dismissal actions, as well as the application of provincial and federal related statutes such as Labour Standards, Human Rights and Health and Safety in the workplace. The best employment lawyers are frequently involved in these types of cases.

Please note that the Lexpert Directory has separate sections for:

• Labour relations lawyers
• Workplace human rights lawyers
• Workers' compensation lawyers
• Occupational health & safety lawyers

What is employment law in Canada?

Employment law is the broad term for the branch of law which deals with matters arising from an employer-employee relationship. In Canada, employment law is made up of federal laws and provincial or territorial laws applicable to different circumstances of employment. Generally, employment law is the law governing minimum employment and labor standards, overlapping with the law on the rights of a union and the unionized employees (if applicable), and human rights law which may provide further protection on the part of the employees.

The specific employment laws and the minimum labor standards vary in every province or territory, although, they cover similar subjects, such as minimum wage, hours of work, overtime pays, statutory holidays, vacation leaves and other statutory leaves (maternity, paternity, etc.), notice of termination, equal pay for all genders, and separation pay. In crafting contracts, employment lawyers ensure that these standards are complied with, lest government sanctions and civil cases be filed against them.

The practice of employment lawyers may include assistance in drafting of employment contracts, which may include specific clauses (mediation or arbitration clauses; non-compete clauses; confidentiality clauses; among others). This contract shall primarily govern the relationship of the two parties, and employment lawyers make sure that it follows the applicable federal or provincial employment laws.

Most of the time, lawyering of under employment law would entail advising employees or employers of their respective rights and obligations in lieu of the employment and the contract. Litigation is also a part of the employment lawyers’ responsibility, as when there’s breach of the employment contract by any of the parties, or when damages are sought arising out of the employee-employer relationship.

What is the common law of employment?

Common law, or oftentimes called judge-made law, case law, or judicial precedents, are a system of unwritten laws and rules based on case judgments. In Canada, where common law is applied, common law of employment are the rights and obligations of both employees and employers arising from their employment contract, which may either be express or implied, verbal or written.

These rights and obligations under common law are in addition to other mandatory rights and obligations of either the employer or the employee as provided under federal and provincial or territorial statutes. In the absence of stipulations of these common law in the employment contracts, it is imposed by the court because they are implied by law. As such, employment lawyers are best sought out for in case there’s any confusion as to the jurisdiction or application of these laws.

However, an important distinction must be made – common law does not apply to unionized employees. They are governed by different provincial and territorial statutes.

One of the most well-known common laws as to employment law states that employers should provide for a reasonable notice to employees who are to be terminated. However, in case the reason for termination is not one of those which are considered just cause, the employee in entitled to payment in lieu of the said reasonable notice. The period for the reasonable notice depends upon the circumstances of each case, considering the position of the employee, the age, the length of service, among other factors. Jurisprudence states that the maximum period for the said notice is generally 24 months, and the minimum should not be less than 3 months.

Who do employment lawyers typically represent?

Employment cases are mostly made up of cases filed by the employees against their employers. However, there are also cases where it is the employee who breached the employment contract. The primary reason is that employment law, or labour law for this matter, generally protects the rights of the labourer, the workers, or the employees. This is premised on the fact that against the resources of an employer, an employee would be at the disadvantage, hence, the protection of the laws for the latter.

What laws do employment lawyers use to protect employees in Canada?

Mentioned earlier, employment laws are primarily governed by (1) provincial or territorial statutes, and (2) federal statutes. Employment lawyers may either specialise in both, or specific to a province or territory.

Canada Labour Code

The Canada Labour Code is the federal law governing the rights and obligations of employers and employees under federally regulated workplaces. These workplaces include banks, telecommunications and broadcasting, interprovincial transportation, and other matters of national importance.

Provincial or Territorial Statutes

If the nature of employment is not under federal jurisdiction, or the workplace or work engagement is done in a specific province or territory, then the employee-employer relationship will be governed by the respective provincial or territorial statute on employment or labour.

Other employment and labour laws

Aside from the federal Labour Code and provincial or territorial statutes, other federal laws may also govern employee-employer relations.

Canadian Human Rights Act

The Canadian Human Rights Act provides that it is unlawful to discriminate one’s person based on his/her/their race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

The Employment Equity Act

The Employment Equity Act is the federal law which states that federally regulated organizations and businesses should provide equal employment opportunities to women; Aboriginal peoples; people with disabilities; and, members of visible minorities.

Under the EEA, the following laws provide additional protection for the mentioned four groups:

• • • The Federal Contractors Program
    • The Legislated Employment Equity Program
    • The Workplace Equity Information Management System

How do I file a complaint against my employer in Canada?

For those whose rights are violated under federal law and regulations, including the Canada Labour Code, reports can be made with the federal government’s Labour Program. For employees working in the province or territory, violations can be reported with the employment standards branch of the said province or territory.

Would you like to know more about your right as an employee or as an employer? Scroll down to consult with best employment lawyers specific to your area, all of whom are Lexpert Ranked.

Best Energy lawyers for electricity in Canada as ranked by Lexpert

Electrical power work, for purposes of the Lexpert Directory, is defined in the widest sense in order to identify those firms capable of providing a full service to various clients. As such, the practice encompasses advising existing and prospective market participants (including major investors, lenders, project developers, distributors, public sector entities, and public and private sector consumers) on a host of transactional (e.g., corporate/commercial), regulatory, and policy matters, ranging from the development, structuring, financing and permitting of energy projects (including nuclear, hydro-electric, oil and gas-fired, and fossil-fuel facilities) the management and retrofitting of existing facilities, co-generation, through to all aspects of the restructuring and deregulation of wholesale and retail electricity markets within a new, competitive framework.

Please note that the Lexpert directory has a separate section for:

• Energy lawyers—Oil & gas

What laws and policies for energy lawyers focus on?

Energy law is the branch of law which concerns itself with two main things – supply and demand of energy of a state or country, and taxation in the operations of the energy sector. Energy, in its broad sense, may be understood as either renewable or non-renewable. Hence, both sectors are regulated by energy law. Sources of energy law may either be from international conventions/agreements, or federal and provincial statutes.

For this field of law, energy lawyers commit themselves to multiple stakeholders involved, such as the public (the government and the citizenry), and the private sector (the companies and corporations – lenders, producers, distributors, retailers, etc.). This would include advisories on the current laws and administrative regulations on energy law, traversing different stages of its operations – financing; negotiations, contracts, and agreements; applications for government permits and Indigenous Peoples’ consent; acquisition of resources; building of facilities; harvesting; and disaster-prevention and the litigations should one happen.

In addition, energy lawyers may work either in the renewable (solar, wind, hydro, geothermal) or non-renewable (oil, gas, coal, fuel, electricity, nuclear) energy sector, where factors of one sector greatly differs from the other.

Corollary to energy law are the other fields of law which energy law has a substantial impact to. This may include transportation (actual and constructive transportation or transmission of energy resources), finance (rates of utilities, etc.), dispute resolutions (between energy companies and the Indigenous Peoples and local communities, and/or the government). Given this, energy lawyers’ expertise is not only limited to energy law alone but also overarches with the other branches of law.

What is the relationship between energy and environmental law?

Environmental Law

Environmental law is the collection of laws, policies, and regulations which seeks to preserve and protect the environment and natural resources. It includes laws pertaining to the protection of flora and fauna, reduction of carbon footprint vis-a-vis climate change, and prevention and solution to pollution and wastes.

This law also has strong ties with Indigenous Peoples law, where most of the time the large portion of a state’s natural resources are stewarded by the Indigenous Peoples.

Industries which environmental law may regulate include mining, agriculture, forestry and logging, fisheries, air/wind, and wildlife.

Relationship of Energy Law and Environmental Law

While environmental law and energy law may seem similar with each other, its differences lie with their own objectives. In the practise of energy lawyers, they not only apply energy law but also makes references with environmental law, and other laws as stated above.

As environmental law is concerned with preservation, it overlaps with energy law when the operations of the latter’s stakeholders threaten or violates the former. Where permittance of industries under energy law affects natural resources, environmental law comes as an additional “permit” for these industries to operate. Hence, governments strike a balance between the current need for energy of its people, and the protection of the environment for the future.

Another layer between the two laws are Indigenous Peoples laws. Undeniably, local communities would be affected greatly by these projects, hence, the need for consultations, environmental assessments, and meticulous planning for the mitigation and prevention of adverse effects to local resources. This is on top of the governmental restrictions and regulations with regards to the energy sector.

As such, both energy lawyers and environmental lawyers ensure compliance with multi-sectoral laws and regulations, among different viewpoints of stakeholders in each, providing them with a wide array of services (from advisory to litigations) in the different levels of engagements.

Who regulates electricity in Canada?

Regulation as to electricity and other forms of energy are regulated by the Energy Efficiency Act and the Energy Efficiency Regulations in the federal level. Both are enforced by Natural Resources Canada (NRCan). Local statues are also present in some provinces and territories.

Energy Efficiency Act

The Energy Afficiency Act (the Act) is the federal law of Canada governing the overall energy consumption of the country, and the promotion of the use of alternative energy sources, by establishing minimum energy efficiency standards. The Act covers products and equipment by dealers, who are either manufacturers, importers, sellers, or lessors of energy-using products. Generally, the Act provides that energy-using products should comply with the energy efficiency standards, and that it should be labelled according to applicable regulations.

Energy Efficiency Regulations

The Energy Efficiency Regulations 2016 (the Regulations) enforces the provisions of the Energy Efficiency Act, which repealed the earlier Regulations of the same Act. The dealers mentioned above have the responsibility to ensure that the energy-using products comply with the energy efficiency standards; energy efficiency reports are filed with NRCan; provide import information for dealers who are importing energy-using products; and, energy-using products are properly labelled (either with energy efficiency verification mark; EnerGuide label; lighting product label; and nameplate) whenever applicable.

The Regulations expanded the term “energy-using products” of the Act, which are:

• Household Appliances (Division 1)
• Air Conditioners, Condensing Units and Chillers (Division 2)
• Heat Pumps (Division 3)
• Furnaces, Fireplaces, Unit Heaters and Recovery Ventilators (Division 4)
• Boilers (Division 5)
• Water Heaters (Division 6)
• Lamps and Lamp Ballasts (Division 7)
• Lighting Fixtures (Division 8)
• Electronic Furnitures (Division 9)
• Commercial Refrigeration (Division 10)
• Other commercial and industrial products

Provincial statutes

Some provinces or territories, such as British Columbia, Manitoba, Ontario, Quebec, New Brunswick, and Nova Scotia, have their own respective statutes regulating energy efficiency of energy-using products. These may differ with the Act and the Regulations, from the specific requirements and the energy-using products covered (example, where Manitoba only regulates gas furnaces and gas boilers, New Brunswick regulates all energy-using products mentioned in the Regulations).

Energy lawyers apply these laws to address the needs of clients, who are mostly dealers, to make sure that these companies conform with either the Act, the Regulations, and specifically with the provincial statutes.

Why do we need energy laws?

Regulations imposed by energy laws on the different stakeholders of the energy industry is meant for its sustainability of resources, in relation to environmental laws. In addition, tax regulations on the energy sector are seen as one of the biggest tax drivers of a state or country, hence, there is the strict implementations of said laws.

Concerned with energy-using products, or needs advice about Canada’s energy laws? Head over below for a list of the best energy lawyers in your area.

Best Oil and Gas lawyers in Canada as ranked by Lexpert

Oil & Gas lawyers are defined in the widest sense in order to identify those firms capable of providing a full service to industry clients. As such, the practice area encompasses:

• all manner of upstream and downstream work including exploration and drilling agreements;
• infrastructure, engineering and service contracts; production, licensing, leasing, operation and royalty agreements;
• joint ventures and syndications;
• taxation;
• environmental approvals, compliance and site abandonment;
• federal and provincial regulatory applications;
• financing including project financing, structured financing, debt and secured financings, capital markets and private placement financing;
• storage, processing, refining, marketing, pipelines and distribution;
• acquisitions, mergers and takeovers;
• international concessions, exploration and development.

Please note that the Lexpert directory has separate practice areas for:

• Energy lawyers - Electricity
• Environmental lawyers
• Corporate lawyers

What is the definition of oil and gas law?

Oil and gas law is the set of local and national legislative statutes, together with its accompanying administrative regulations, which regulates the exploration, processing or production, transportation, marketing of crude oil and natural gas to become viable energy sources for the consumption of the public. It may be considered as part and parcel of energy law, which is more general as it covers all possible kinds or sources of energy.

There are three known stages of oil and gas law, where different laws and regulations may apply respectively.

Upstream

The “upstream” is first stage which includes the actual exploration and production of crude oil and natural gas. Exploration is where surveys and information gathering happens to locate possible locations of oil and gas. Production, on the other hand, is where these oil and gas are brought up to the surface.

Midstream

After the exploration and production of oil and gas, it goes through the “midstream” which deals with the gathering, processing, storing, and transporting, of produced oil and gas. There are many ways to transport oil and gas, such as the use of pipelines, tank trucks, rail tank cars, and transcontinental tankers.

Downstream

Lastly, the “downstream” is the refining of the oil and gas from the midstream to become usable products. Once refined, downstream also deals with the actual selling and distribution of these products to the public.

Oil and Gas Lawyers

Oil and gas lawyers ensure that their clients, which are companies and corporations engaged in the business of crude oil and natural gas, faithfully comply with numerous government regulations to prevent the unduly hampering of their operations. Because there may be different laws and regulations which may cover the three “streams” mentioned above, oil and gas lawyers familiarize themselves with its application, including the recent developments of applicable common law or case law which may affect the operations of their client. Oil and gas lawyers are also knowledgeable with the actual operation of these companies and corporations, from the upstream until the downstream stage.

They are engaged with even at the beginning, where part of upstream is the overall drafting and negotiations of joint exploration and production contracts, which may be between the government, or other private companies, or both. These contracts which may include until the downstream stage, may even be a different contract for midstream and downstream, depending on the parties and their agreement.

Broad focus for oil and gas lawyers

Oil and gas lawyers do not only focus on oil and gas law per se, since it will most likely overlap with other branches of law, such as environmental law or Indigenous Peoples law, where the former’s certain operations will have great impacts on the latter, having its own set of laws and regulations. It may also overlap with torts and damages, which is applicable when unfortunate events happen during any of the “streams” and when litigations ensue.

They also have to be experts on corporate law and taxation, since their clients are these large intra- or inter-national corporations, where they may also have to deal with its internal and external disputes. Hence, oil and gas lawyers are both transactional and litigious in their practice, across numerous branches of law and government regulations.

Who regulates oil and gas in Canada?

Canada Energy Regulator (CER)

As a whole, the Canada Energy Regulator (CER) is the federal agency which regulates the energy sector in its objective of providing utilities for Canadians. The laws mentioned above, Canadian Energy Regulator Act and Canada Oil and Gas Operations Act, enforced and is under the responsibility by the CER. The agency ensures the safe operations of these pipelines and other energy infrastructures with regards to the public and the workers.

In line with this, the CER regulates pipelines especially its life cycle, in addition to provincial and territorial regulations on pipelines. This also includes pipelines within Canada (inter-provincial) and those crossing borders (Canada-U.S. borders).

Is oil and gas federally regulated in Canada?

Federal legislations

Mentioned above, the CER is the main agency responsible in federally regulating the oil and gas industry in Canada, applying the numerous regulations of the CER Act and Canada Oil and Gas Operations Act. Notably, there are also considerations in federally regulating the oil and gas industry, such as Canada’s environmental statutes policies such as the Water Act.

Provincial and territorial regulations

However, in addition to federal regulations, provincial and territorial approvals are also required. As such, each province and territory have their own regulators which the best oil and gas lawyers must be aware of. In Alberta, laws such as the Environmental Protection and Enhancement Act, the Public Lands Act, the Oil Sands Conservation Act, and Oil & Gas Conservation Act may apply to the oil and gas industry.

What is the oil and gas law in Canada?

The federal law regulation the oil and gas industry in Canada is the Canadian Energy Regulator Act (CER Act) which establishes the Canadian Energy Regulator (CER). Overall, the CER is the agency tasked with the licensing, regulation, and enforcement of laws regarding interprovincial and international matters of the oil and gas industry.

It effectively replaced the previous National Energy Board after the passage of Bill C-69 (The Modernization of the National Energy Board and Canadian Environmental Assessment Agency) in June 2019. However, regulations imposed or released by the National Energy Board are still binding and are still in force.

The CER has promulgated numerous regulations which generally governs pipelines, processing plants, authorizations and obligations of permit and certificate holders, import and export, and penalties for its violations.

What is the Canada Oil and Gas Operations Act?

Specifically applicable to the marine areas under the management of the federal government, the Canada Oil and Gas Operations Act is the federal law governing the upstream, midstream, and downstream of oil and gas resources found in said marine areas, which includes the licensing and authorization for these projects.

These marine areas referred to are the territorial seas and continental shelf belonging to the federal government Canada, with the exclusion of those belonging to the provinces or territories. The Act aims in promoting safety across oil and gas operations, including the mitigation of negative environmental impacts it may produce, and the conservation of these non-renewable resources.

Interested in finding the best oil and gas lawyers and their roles in the energy industry of Canada? Head down below and see the list of the best Lexpert Ranked oil and gas lawyers.

Best Entertainment lawyers in Canada as ranked by Lexpert

Entertainment Lawyers are in a practice area that is widely varied and that comprises film, television, radio, music, publishing, commercial theatre, multimedia, interactive media and the visual arts. Within each of these sectors, practitioners engage in contract negotiations, financing, production, co-production, distribution and tax law matters.

In addition, there are the complementary areas of copyright, trademark, broadcasting and securities law (financings) that serve to widen the scope of the practice area.

Please note that the Lexpert directory has separate practice areas for:

• Labour lawyers
• Advertising lawyers
• Intellectual property lawyers
• Employment lawyers

What is entertainment law?

Entertainment law is an area of law that deals with the various sectors of the entertainment industry, such as TV, film, music, print or publishing, sports and gaming, and now includes social media and online entertainment. While entertainment law may have general laws and regulations, these individual sectors may also have unique sets of laws and regulations on its own, based on the differences on the platforms used, the people involved, and the artists engaged with.

Entertainment law mostly overlaps with media law, corporate law, taxation, commercial law, intellectual property law, labour law, laws on advertising, torts and damages, privacy law, insurance law, and competition law. Additionally, where there is an international component, entertainment law would also apply private international law, and immigration laws.

What is the purpose of entertainment law?

Entertainment law mainly provides protection to the interests of the stakeholders in the entertainment industry. The law aims to mostly protect artists (who does not only include television and social media superstars, but also authors, screenwriters or scriptwriters, among others) with regards to their intellectual property rights and their rights as workers.

On the other hand, it protects entertainment companies, agents, and other personalities in a contract with these artists, especially when there has been breach of contract by either party. Entertainment law also protects other persons involved in the industry’s whole creative process, such as the production crew, directors, and producers.

What laws do entertainment lawyers focus on in Canada?

Entertainment law in Canada is a collection of laws regulating the different medium of entertainment – namely, TV, film, radio, social media and online platforms – and governs the different personalities in the entertainment industry – the artist, their agents, the media or label companies they work for, distributors and marketing agencies, and other third parties in a long line of transactions from creation to consumption.

Canadian Radio-television and Telecommunications Commission Act

This Act established the Canadian Radio-television and Telecommunications Commission (CRTC), enumerated its composition, and its other duties and functions as to broadcasting in Canada. The Commission or the CRTC is the main federal regulating authority for broadcasting and telecommunications of the traditional media – TV, film, or radio.

Broadcasting Act

The Broadcasting Act is the more specific statute relating to broadcasting of telecommunications. The Act outlines the broadcasting policy (Section 3(1)) and regulating policy (Section 3(2)) for Canada, which also concerns the CRTC, empowering the said Commission its regulatory function.

The Act also provides for the mandate and sets the role of the Canadian Broadcasting Corporation/Radio-Canada (Part III), which is the federal Crown corporation for radio and TV.

Telecommunications Act

While this Act is mostly concerned with telecommunications, which is how information are transmitted through technical systems, the Telecommunications Act also governs Canadian media companies as it also outlines the telecommunications policy (Section 7).

What does an entertainment lawyer in Canada do?

Entertainment lawyers in Canada are experienced in these different branches of law that have a great impact on entertainment law. While entertainment lawyers may proceed to litigation in some instances, they are highly transactional and corporate in nature, working behind the scenes for and on behalf of their clients – artists/creators and corporations (private and public) alike.

Entertainment contracts

The work of entertainment lawyers heavily relies on contracts and other paperwork. These may be between artists and their agents; artists and their media labels or producers; or, media labels or producers and the distributors (either public or private corporations). Entertainment lawyers help any of these parties in drafting the contract, ensuring that the interest of one resonates with the contract and that the other party concedes, hence, entertainment lawyers do not only write but also negotiates.

When contracts are finally perfected, entertainment lawyers monitor its compliance in good faith of their clients or the other party, and in the instance of any breach, they may again negotiate under mediation, or submit the dispute to arbitration, with the last resort of proceeding with a court action against the violating party (or defending their client when the alleged fault is on their side).

The subject matter of these contracts may be:

• distribution rights;
• licensing and merchandising agreements;
• production agreements;
• sponsorship agreements; and
• intellectual property rights

Intellectual Property Rights

Regulations under the Canadian Intellectual Property Office (CIPO) may also apply with regards to the contractual relations between artists, writers, or other content creators, and their agents, producers, distributors, or social media platforms. As such, entertainment lawyers also advise clients regarding their intellectual property rights under Canadian law, which may cover trademarks, copyrights, patents, etc.

Taxation and Corporate Law

Tax law applies in entertainment law in many ways. One is to the other side of entertainment law in Canada governing gaming and gambling. Whether it may be casinos, lotteries, and sports wagering, and whether it may be done offline or online, provisions of the Income Tax Act and the regulations of the Canadian Revenue Agency (CRA) may apply.

Another way where taxation applies in the entertainment industry is for the multimedia businesses or entertainment productions. For both instances, corporate law provisions of the Canadian Business Corporations Act may also apply. Thus, entertainment lawyers are also knowledgeable in both taxation laws and corporate laws in their law practice.

Labour Law

The rights of a Canadian worker under labour laws apply to all workers of the media label, production company, public and private broadcasting companies, and even to the artists, during their contractual engagements. For this, entertainment lawyers can delineate when the Canada Labour Code, or the provincial or territorial labour laws, would apply given the circumstances.

Is entertainment law in Canada regulated?

The laws mentioned above, such as the Broadcasting Act and the Telecommunications Act, are implemented by the CRTC. The Commission regulates broadcast distributors, content over the internet or online platforms, landline telephone services, and approvals for transfers of ownership of broadcasting licence.

In need of the best entertainment lawyers in Canada? Head down below for a list of Lexpert Ranked lawyers and law firms to help you with anything related to the entertainment industry.

Best Environmental lawyers in Canada as ranked by Lexpert

The practice area of Environmental Lawyers is generally understood to include advice in the context of acquisitions and property transactions, financings, contaminated land, land use planning and environmental regulation, audits, impact assessments, landfill, waste disposal, water treatment, sewage, noise, air and water pollution, agricultural pollution, industrial pollution, integrated pollution control, environmental management systems, regulatory compliance in manufacturing, plaintiff's litigation, defence work in environmental litigation/prosecutions, environmental insurance cover and liability and disaster and crisis management.

Environmental law is the branch of law which deals with the relationship of a government, its citizens, and the environment and natural resources of the country. It is concerned with the different aspects of environmental protection, such as the protection of biodiversity, ensuring air and water quality, mitigation of climate change, mining of high-valued minerals, regulation of hazardous wastes and toxic substances, and management of natural resources utilisation, such as water, land, and forest resources.

Other practice areas environmental law crosses over with

It mostly overlaps with energy law and Indigenous Peoples law, especially when the activity of the former threatens or actually violates the rights of the latter; in here, environmental law provides for another layer of rights and protection for either of the parties in a case.

To enforce said rights and protections accorded to certain sectors of society, environmental law may be a mixture of both civil, common, and criminal law.

Note that the Lexpert directory has separate sections for:

• Energy lawyers - electricity
• Energy lawyers - oil and gas
• Aboriginal law lawyers
• Corporate lawyers

What is the purpose of environmental law?

While harvesting and utilisation of natural resources is a large source of revenue for both the public and the private sectors, these are admittedly limited within a given country, save for those which are renewable resources. As such, these natural resources must be regulated in order to be maximised for the benefit of most, if not all, stakeholders.

Furthermore, environmental law is necessary for the sustainable development of a country – to ensure that there would be enough natural resources to sustain the present needs, and at the same time to preserve these for the future generations.

With the complications that environmental law may touch on, environmental lawyers are not only knowledgeable on environmental law per se, but also with the other fields of law, such as corporate law and energy law when dealing with large energy companies or corporations, Indigenous Peoples law when representing them in various circumstances, with background on political and Constitutional law which are the basis of these laws.

What do environmental lawyers do?

The work of environmental lawyers or environmental law firms may be considered as both transactional and litigious and is either proactive or reactive depending on the current situation.

Behind the courts, environmental lawyers, who may also be corporate lawyers, help craft policies and procedures which are attuned with the environmental laws applicable to their clients’ endeavours. They also assist in environmental assessments, whenever necessary, before a corporate project may be commenced. They also help in educating the public about environmental issues and concerns, through various public and private academic activities.

When contaminations or violations unfortunately happen, environmental lawyers help clients with laws applicable in regulatory investigations, and in managing contamination sites or properties. They may also refer to health regulations or public health law in addressing these environmental problems. Litigations come in as part of environmental lawyers’ day-to-day, especially in representing clients before various judicial courts or administrative tribunals, pertaining to any environmental violation laid out by any federal, municipal, or territorial law.

Indigenous Peoples are also possible clients of environmental lawyers, where Indigenous lands or natural resources are threatened by either private or public entities. Where the Indigenous Peoples’ communities are at risk, or there has been a contamination or a violation already, environmental lawyers also apply Indigenous Peoples law, in addition to environmental law, in order to further protect and enforce the rights of these communities.

What is environmental law in Canada?

Environmental law in Canada is a system of federal, provincial, territorial and Indigenous laws which are generally aimed at protecting the environment. Federally, environmental laws are enforced by the Environment and Climate Change Canada (ECCC), headed by the Minister of Environment and Climate Change.

Canadian Environmental Protection Act, 1999

At the federal level, the Canadian Environmental Protection Act, 1999 (CEPA) is the environmental law which governs pollutants, chemicals, and toxic substances. It is also the general law which other subsequent environmental law are based upon, or is concurrent to its regulations and protections.

Pollution prevention (Part Four, CEPA)

A notice may be published by the Minister of Environment requiring any person/s to prepare and implement a pollution prevention plane in relation to any of the toxic substances mentioned in Schedule 1 of CEPA.

Controlling toxic substances (Part Five)

New substances being introduced to Canada by importation or manufacturing, except for already existing ones, shall undergo mandatory screening for any health or environmental risk.

Controlling pollution and managing wastes (Part Seven)

Wastes are also monitored and regulated by the Minister of Environment, who must be notified and must consent to any transboundary movement (exportation, importation, etc.) of these wastes through a permit.

Environmental emergencies (Part Eight)

An environmental emergency is defined as an accident that would release toxic substances, which would affect human health and the environment. To prevent one, the CEPA requires planning an environmental emergency plan for the substances that have already been screened. In an event of an environmental emergency, CEPA dictates that the person/s liable shall pay the cost in responding to the emergency.

Government operations and federal and aboriginal land (Part Nine)

Where the provincial or territorial laws on environment do not a cover aboriginal lands, CEPA fills in this gap by empowering the Minister of Environment to regulate aboriginal lands, in addition to federal lands.

Environmental Enforcement Act

The Environmental Enforcement Act (EEA) introduced a fine regime which will be implemented once a judicial final conviction is had under the following environmental laws:

• Antarctic Environmental Protection Act (AEPA)
• Canada National Marine Conservation Areas Act (CNMCAA)
• Canada National Parks Act (CNPA)
• Canada Wildlife Act (CWA)
• Canadian Environmental Protection Act, 1999 (CEPA)
• International River Improvements Act (IRIA)
• Migratory Birds Convention Act, 1994 (MBCA)
• Saguenay-St. Lawrence Marine Park Act (SSLMPA)
• Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA)
•  

The new fine regime under the EEA strengthened and consolidated the fines under the above-mentioned environmental laws by introducing a minimum fine for each offense, and its higher maximum fine. These fines may vary from each offense under each law, which will go to the Environmental Damages Fund (EDF), where local communities and organisations may apply to for environmental restoration or other environmental projects.

Looking for one of the best environmental lawyers to assist you, your community, or your company? Head down below for the list of the best environmental lawyers in Canada as ranked by Lexpert.

An ESG practice may include advising corporations and other organizations for disclosure, policy formulation, and/or litigation regarding risks, opportunities, and legal/regulatory obligations that fall broadly under Environmental (energy usage and sourcing, greenhouse gas emissions, water and waste management, biodiversity), Social (diversity, equity, & inclusion, health & safety, human rights, community impact) & Governance (board composition, executive compensation, transparency, corruption, cybersecurity) categories. This can include advising boards regarding shareholder activism. In addition to advisory work, ESG practitioners may also help to structure deals that include ESG components or considerations. In Canada, corporate relations with First Nations, Métis and Inuit governments, communities, and individuals—as land and resource rights holders, project partners, corporate leaders, and employees—are significant areas of focus that touch on many aspects of ESG. Corporate ESG initiatives may mitigate risk and improve social licence to operate, act on demands by institutional sources of investment/capital, and/or be required by legislation and regulators such as the Canadian Securities Administrators (CSA) and the Toronto Stock Exchange.

Best Personal Tax Plannin and Estate lawyers in Canada as ranked by Lexpert

Personal Tax Planning and Estate lawyers are generally understood to comprise the provision of wealth preservation advice and, as such, includes income and capital gains tax minimization and estate planning generally; the use of various tax shelters and deferrals; international tax planning for Canadian and non-Canadian residents and domiciliaries; formation of charitable trusts and companies; on- and offshore trust and asset protection structures; estate and tax planning utilizing inter vivos and other asset protection structures; estate freezes; long term strategic tax planning including inter-generational transfers of private individual, family business, and other closely-held corporations; tax planning respecting ownership of shares in private and public companies including on- and off-shore executive compensation structures; and tax planning for Canadians investing internationally and foreign investors establishing businesses in Canada.

Please note that the Lexpert directory has separate practice areas for:

• Corporate tax lawyers
• Private equity lawyers
• Family lawyers

What does an estate lawyer do in Canada?

Estate lawyers help individuals and families with their future, especially with regards to their properties and taxations, to ease up the difficulties and prevent unnecessary problems brought by the death of a family member.

Estate law – generally

In its entirety, estate law are the laws governing an individual’s possessions or properties – both when the individual is still alive or after their death. The law deals with the relationship between a property owner, their properties, and the government, in relation to conveyances, taxes, and succession, among others.

Tax and Estate Planning in Canada

When a person dies, certain laws apply with regards to that person’s possessions and properties. As such, it is important to consult with estate lawyers to do a tax and estate planning. This plan, which may also be called a succession plan, can preserve properties owned by a person for their family, especially the surviving spouse and children while looking into how tax regulations are still complied with in the process. This is also helpful for the deceased person’s business/businesses and successors.

Powers of attorney

Persons may designate estate lawyers, or their spouse, a relative, or any close persons, as their property administrator by executing a legal document called power of attorney. The appointed person or lawyer will manage the finances and properties of the person, whether while they are still alive, or after they died, or when they become mentally unstable.

Unless the executing person limits the role of an administrator, the appointee can basically do anything, subject to the provincial and territorial statutes on administration. With this, powers of attorney are intimately connected with wills, where an administrator may also execute what has been indicated in a person’s will, but cannot change the said will.

Wills

When a person dies, there are two circumstances as to their finances, property and possessions – they died intestate, which means they died without leaving a will; or they died leaving a will with an executor or administrator. At best, estate lawyers are the most effective executor of wills or administrator of properties, although, private persons are also allowed to become so.

Intestate

As to the first circumstance, when a person dies intestate, their properties will be divided among the relatives of the deceased person, in accordance with the provincial and territorial legislations regarding distribution of assets and succession law. Here, the court will appoint the administrator/executor, and if need be, will also appoint a guardian for the deceased person’s underage children.

With a will

For the second circumstance, when a person leaves behind a will, laws on testamentary succession of the provinces and territories will also apply. However, what is in the will must be followed by the appointed administrator/executor by the deceased person. Common to these provincial and territorial statutes on the legality of wills are the following (however, it is best to consult with estate lawyers for the specifics for each province or territory):

• The will must be in writing (not oral), and signed by the person writing the will before valid witnessed (e.g., witnesses should not be future beneficiaries)
• Person writing the will should be in legal and in his sound mind during its writing
• Holographic wills must be in the person’s handwriting and with their signature

One of the responsibilities of the administrator/executor is to submit to the court the will and inventory of the deceased person’s properties and finances. Afterwards, the court will conduct the probate proceedings to determine:

• The validity of the will
• The capacity of the administrator/executor to perform
• And resolve any other issue that may arise from the deceased person’s will

Once satisfied, the court will now issue the Grant of Letters Probate to the administrator/executor for them to perform what has been indicated in the will. The actual process and legal fees may vary per province or territory, and estate lawyers are best conferred with regarding wills.

“Deemed disposition” rule

The “deemed disposition” rule in Canada provides that taxes will not be imposed on the estate of the deceased. This contrasts with other countries, where taxation over properties still works after a person dies. As such, upon the death of the person, their properties are “deemed” sold at fair market value, and the capital gains tax will be computed based on the difference of the income and costs of the said sale.

RRSP and RRIF

The deceased person’s Registered Retirement Savings Plan (RRSP) and Registered Retirement Income Funds (RRIF), which are typically tax-free, will be de-registered and will be included in the computation of the deceased’s final tax return, unless these are transferred to a qualified dependents or beneficiaries. This can be done when it is indicated in the plan itself or in a person’s will, which is another advantage of doing estate and personal tax planning.

Estate lawyers in Canada

Estate lawyers help persons and families by preserving and transferring their hard-earned properties and assets by assisting them undergo a personal tax and estate planning, which may include the drafting and execution of wills, or creation of family trusts or other kinds of trusts. For families who engage in businesses and corporations, a business succession planning is also where these lawyers may assist them with.

As such, they are knowledgeable not only with the laws on succession, but are also experts in corporation law, and taxation laws. Additionally, they can also provide for simpler way of dealing and complying with regulating government agencies, such as the Canada Revenue Agency.

Do you need a lawyer to settle an estate in Canada?

As mentioned above, although property administrators or executors may not need to be lawyers, it would be an advantage to have estate lawyers deal with settling estates. Where a person dies leaving a will or not, lawyers may help either way – representing families in probate proceeding as the executor or as the court-appointed administrator – they are experienced enough to promptly and effectively settle estate regulations and disputes.

How long does an estate take to settle in Canada?

This would depend on each province or territory. For example, there is no deadline in British Columbia, but an executor generally has 1 year to settle all estate matters; in Ontario, it would be 6 months to 1 year; while in Quebec, there is no set time limit.

Is it better to have a will or a trust in Canada?

Where a will governs the “will” of a person when they die, a trust is established to enable conveyances of properties while a person is still alive. Although, what has been stipulated in the will may be accomplished through the creation of trusts, and transferring these trusts to the necessary heirs and persons named in the will. Additionally, since trusts are usually established with a third-party financial institution, it is equally legally binding, except that it is not subject to probate proceedings where its validity can be questioned.

Interested in proceeding with a tax and estate planning? Below are the best estate lawyers as ranked by Lexpert to help you and your family or business in crafting such plans.

Best Familylawyers in Canada as ranked by Lexpert

The practice area of Family Lawyers is generally understood to comprise the provision of advice and representation, whether by way of negotiation, judicial proceedings, alternative dispute resolution, mediation or arbitration, in all matters relating to spousal and parental rights arising from paternity, cohabitation, marriage, separation and divorce.

This includes the preparation and negotiation of all manner of domestic and marriage contracts; acting with respect to the custody and access rights of parents and matters involving the welfare of children; acting with respect to spousal and child support and maintenance; advising with respect to the division of property interests consisting of rights in family property, business and professional activities, pensions and estates; and advising as to the tax implications of marriage and divorce.

What does a family lawyer do?

Family law, in its general sense, is the part of the law that deals with family-related matters, starting from marriage, rights and obligations of parents vis-à-vis their children, and the rights of a child. It may overlap with criminal law as to young persons in conflict with the law or juvenile law, and is also related to inheritance law and property law, such as testate and intestate laws.

One of the most contentious branches of family law deals with separation and divorce. Corollary to it are spousal support, child support, and child custody (or is now referred to as “parental time” in Canada).

With the intricacies and mostly overwhelming subjects of family law, coupled with the emotional burden that comes with it, family lawyers are best consulted with for whatever domestic disputes a family may have. The best family lawyers can easily guide children and parents through various federal laws, in addition to provincial and territorial statutes, and government regulations, to come up with solutions that are best for the family.

In resolving domestic and family disputes, family lawyers also apply their negotiation skills through mediation or arbitration, which can relieve the family from going to litigation and spending precious time and resources for it. Mediation and arbitration also assure the confidentiality of the proceedings, which are sought out especially when dealing with private family matters, such as financial support and parental arrangements.

Family lawyers also help families in preparation of legal documents, such as cohabitation agreements, pre-nuptial or pre-marital agreements, and wills or estate plans.

What governs family law in Canada?

The main statute in Canada on family law is the Divorce Act, which governs divorce and other reliefs in connection with it. Based on the Divorce Act is the Federal Child Support Guidelines which will be applied by courts to compute the amount for child support after a divorce.

In matters regarding spousal or child support orders, the Family Orders and Agreements Enforcement Assistance Act (FOAEAA) and the Garnishment, Attachment and Pension Diversion Act (GAPDA) are the federal statutes to help enforce these orders, in addition to the provincial and territorial laws regarding the same.

Divorce Act

The Divorce Act is the federal law of Canada which establishes the grounds of divorce and provides for reliefs available to either parent and their children, such as child/spousal support orders, parenting orders, parenting plans, among others. This law forms the very basis for what family lawyers practice.

Grounds for a divorce

According to Section 8(1) of the Act, Canada only has one ground for divorce – marriage breakdown. Either of the following circumstances may be the basis to legally establish such ground:

• When the spouses have lived separately for one year or more before the institution of the divorce; or
• When one of the spouses has committed adultery against the other; or
• When one of the spouses has treated the other with physical or mental cruelty, and that continued cohabitation of the spouses has already become impossible.

Dismissal or granting of divorce

Before proceeding with the divorce, the court should then be satisfied that reconciliation between the spouses cannot be had, and a 90-day cohabitation period may be imposed. If the court finds that reconciliation may still be resorted, it may suspend the divorce proceedings, with the possibility of its resumption subject to the application of either spouse.

If the grounds used for a divorce proceeding is physical or mental cruelty, and the court finds that there has been connivance and condonation on any of the spouse, it may also dismiss the proceedings. An exception would be is if the public would be better served if said divorce is granted, notwithstanding the presence of connivance and condonation.

Procedure for divorce

As for the specific procedures of a divorce proceeding, this would be within the ambit of the provincial or territorial regulations. This would include the forms needed to be filled out, the schedules, and the payment of legal fees. The best family lawyers must be aware of both the federal and provincial laws which govern family law in their area.

Child support and spousal support

According to the Act, a divorce proceeding would be stayed unless child support has already been agreed. In here, the court computation of the support would be based on the Federal Child Support Guidelines, which may vary per territory or province.

Once there had been a determination on the amount, a (child and/or spousal) support order is issued by the court, which may be enforced if the spouse directed to pay the support does not faithfully comply with the said order through the provincial or territorial Maintenance Enforcement Program. Any variation or changes to the said support order may only be made with the permission of the court.

Parenting time or arrangements

Previously called “custody” or “access”, the “parenting orders” or “parenting arrangements” are orders or plans that detail the relationship between a parent and their child or children after the divorce, in the exercise of the spouse’s “parenting time”. However, the change in terminologies makes no changes on the calculations of the amount of child support. Matters agreed upon a parenting order may include the relocation of the child and schedules of each spouse’s parenting time.

These orders are made by the court with best interests of the child in mind, according to the Act. Where both spouses cannot agree on the terms of the parenting order, the court may decide on it based on the best interests of the child, whose primary consideration is the holistic well-being of the child, among any other factors.

What are my rights as a parent in Canada?

Before divorce, both parents have the full parental authority as to their children. However, this changes after divorce, since parental authority would now be based upon the court’s parental order.

When a spouse has been granted the parenting time, said spouse has the full responsibility of the child and make day-to-day decisions for the said child. In addition, said spouse also has the decision-making responsibility which are major decisions for the growth and well-being of the child. Contact orders may also be included during the parenting times, mentioning the visitation rights of the child’s relatives and other extended family, such as the grandparents.

Family lawyers may help spouses and children going through these rights, especially when there have been violations of these orders or arrangements.

Thinking of entering a divorce or would want to consult regarding family disputes? Consult with Lexpert’s best-ranked family lawyers in Canada by heading below.

Best Financial Institutions lawyers for Regulatory issues in Canada as ranked by Lexpert

The practice area of Financial Institutions Lawyers who deal with regulatory issues is generally understood to encompass advice on regulatory matters affecting banks, insurance companies and trust and loan companies, including advice relating to new incorporations, new capital instruments, corporate finance, bank-holding company regime, insurance-holding company regime, corporate governance, amalgamations, business transfers, ownership rules, business and powers, investment rules, capital adequacy requirements, innovative tier one capital, related party rules, demutualization, establishing foreign banks or insurance branches in Canada, foreign bank regulatory rules (including near banks and true banks), regulatory issues on merger and acquisition transactions, and compensation fund issues (PACIC, CompCorp and CDIC).

Financial institutions lawyers are often dealing with the Office of the Superintendent of financial institutions, the primary regulator of financial institutions in Canada, and provincial regulatory authorities.

Please note that the Lexpert directory also has practice area pages for:

• Corporate tax lawyers
• Banking lawyers
• Derivative instruments lawyers

Who are the regulatory bodies for banks in Canada?

Federally regulated financial institutions (FRFIs), such as banks, are regulated by multiple agencies or government entities. First, the Canadian Department of Finance stands as the overall federal overseer as to FRFIs. While the Department exercises other advisory and policy-making directives, it is also the main implementor of the Bank Act, which is the federal statute regulating banks in Canada, through the Minister of Finance.

There are also the other two federal agencies whose main mandate is regulation – the Office of the Superintendent of Financial Institutions (OSFI) and the Financial Consumer Agency of Canada (FCAC). These two independent agencies have different focus matters and may sometimes apply complementarily with other provincial and territorial regulating bodies.

Financial institutions lawyers in Ontario are experts with these regulatory bodies and the laws that make up these agencies. Generally, when these regulating entities may have overlapping or exclusive jurisdictions among each other, the financial institutions lawyers’ main job is to either assist new or existing financial institutions comply with the said government regulations and legislations.

This is on top of other financial transactions that these institutions partake which may have a different respective statute or regulation. Hence, Ontario-based financial institutions lawyers are knowledgeable on areas of banking laws, corporate laws, taxation, and insurance laws.

Office of the Superintendent of Financial Institutions (OSFI)

The OSFI is a federal independent agency which regulates FRFI’s financial safety and stability or financial soundness through crafting of general policies and for specific transactions, and through the interpretation of legislations and statutes relating to financial sector. OSFI runs on risk management and oversees the financial viability of the FRFIs, although, the OSFI is not directly engaged with the day-to-day or managerial operations of these FRFIs. The said agency works closely with the Department of Finance, and the Minister of Finance.

Financial Consumer Agency of Canada (FCAC)

The FCAC is the federal agency which ensures that the statutory protection afforded to consumers with regards to their financial transactions, products, and services are followed by banks and other FRFIs. The Agency also ensures that the legal obligations, market conduct, and public commitments imposed on FRFIs is complied with. FCAC also implements these mandates through education of Canadians and through collaboration with these FRFIs to develop resources on financial literacy.

What are federally regulated financial institutions in Canada?

Federally regulated financial institutions (FRFIs) are a general term for these financial institutions which may be regulated by either the OSFI or the FCAC, in addition to other provincial or territorial statutes or regulating agencies, whichever’s applicable for these respective institutions. FRFIs are the following:

• Banks
• External Complaints Bodies
• Federal Credit Unions
• Fraternal Benefit Societies
• Insurance Companies
• Life Insurance Companies
• Loan & Trust Companies
• Payment Card Network Operators
• Property & Casualty (P&C) Insurance Companies
• Retail Associations

Financial institutions lawyers may focus with a specific FRFI, with regards to its governmental compliance. Thus, choosing the best lawyer to confer with is highly recommended.

What sectors are regulated by FSRA?

The Financial Services Regulatory Authority of Ontario (FSRA) is another independent provincial regulatory agency, created by legislative enactments which specifically regulates the sectors mentioned below. The Authority is a self-funding agency, whose main objective is to furthermore protect the consumers of financial services and pension plan beneficiaries, by regulating these Ontario financial sectors, through the promotion of standards and transparency among these sectors. Financial institutions lawyers may assist consumers in their financial transactions with these sectors, or even the regulated sectors themselves and other third-party participants in complying with these regulations.

Credit Unions or Caisses Populaires

FSRA regulates credit unions or caisses populaires as this sector may offer financial services similar to a bank. Financial transactions with these unions, such as cash deposits, investments, among others, are insured through the Deposit Insurance Reserve Fund (DIRF).

Financial Planners & Advisors

The Financial Professionals Title Protection Act, 2019 (FPTPA) is a recent provincial legislation which considers the following titles of “Financial Planner” and “Financial Advisor” as protected titles in Ontario. Persons who would like to use the said titles must go through any of the FSRA-approved credentialing body, and only when these persons meet specific standards may be granted such titles.

Health Services Providers

This sector is regulated by the FSRA by licensing these service providers or rehabilitation clinics before they can accept direct payments from automobile insurers for their duly approved patients.

Service providers are typically health and rehabilitation clinics, as well as providers of assessments and examinations. Being licensed by FSRA allows them to receive direct payment from auto insurers for benefits claimed under the Statutory Accident Benefits Schedule (SABS).

Loan & Trust Companies

While the OSFI generally regulates loan and trust companies, they would have to also register with the FSRA for them to operate in Ontario. Additionally, FSRA enforces the Loan and Trust Corporations Act of Ontario, which is applicable to all corporations engaged in loans and trust services.

Mortgage Brokers

Before engaging business in Ontario, all mortgage brokers and their agents, are required to acquire their license before the FSRA. This would also include brokerages and administrators of mortgage brokers.

Pension Plan Administrators

FSRA enforces Ontario’s Pension Benefits Act which is applied to all pension plans of employees in Ontario. The Authority ensures that an employee’s pension plan is compliant with the said Act, and may also receive complaints regarding said pension plan.

Property & Casualty (P&C) and General (Life and Health) Insurance Companies

As for P&C, life, or health insurance, FSRA ensures that these companies comply with provincial licensing laws of Ontario, specifically the Ontario Insurance Act. Corollary with this, complaints can also be raised before the FSRA should there be any violations committed by these insurance companies.

What legislation do Ontario banks fall under?

In Ontario, banks are still under the regulations laid down by the Bank Act, which is the main federal legislation regulating banks throughout Canada. In addition to the said Act, these banks in Ontario are also regulated by the OSFI and the FCAC, noting that banks are main FRFIs regulated by these agencies. Complex applications of these legislations are best consulted with financial institutions lawyers.

Who regulates financial institutions in Ontario?

Financial institutions in Ontario are provincially regulated by the Financial Services Regulatory Authority of Ontario (FSRA) along with other regulations imposed by the provincial government.

In need of a financial advice regarding any financial service? Scroll down and hear from Lexpert Ranked financial institutions lawyers below.

Best Forestry lawyers in Canada as ranked by Lexpert

Forestry Lawyers, for purposes of the Lexpert Directory, are defined in the widest sense in order to identify those firms capable of providing a full service to forestry industry clients. As such, forestry lawyers’ practice area includes purchase and sale of forest companies, mergers and reorganizations of forest companies, transfer of forest tenures, representing forest company issuers on public financings, log purchase and sale contracts, logging contracts and contracts respecting other phases of timber harvesting; all manner of statutory and regulatory compliance under specific forestry legislation; all aspects of environmental law relating to the industry; advising and defending with respect to prosecutions under environmental and forestry legislation; Aboriginal law matters relating to the industry; and all manner of negotiations, representations and submissions to various government ministries, boards and administrative tribunals or bodies.

Please note that the Lexpert Directory has separe practice area pages for:

• Aboriginal lawyers
• Environmental lawyers
• Energy lawyers for electricity

What is forestry law in Canada?

Forestry law is the set of legislations or statutes which aims to conserve a state’s forest lands, consequently, regulating various activities, such as timber harvesting, through forest management.

These legislations or statutes apply both to public lands (lands owned by the state) and privately-owned lands. As such, regulations under forestry law are mainly composed of licensing for harvesting or utilising forest resources, prohibitory laws against private individuals and entities, and impositions of policies and responsibilities among state agents and offices. Forestry lawyers ensure that their private clients understand and implement regulations to prevent violations under the forestry laws.

Forestry law is a part of environmental law, thus, it also has strong ties with Indigenous Peoples law, as a state’s regulated forestry lands may be mostly found with the Indigenous Peoples. Forestry lawyers may represent Indigenous Peoples before forest product companies, tribunals, or any court to enforce their rights over land and resource claims.

In addition, forestry law is also connected with other branches of law, such as energy law, mining law, and agriculture law, evident in situations when the interests of the energy and agricultural sector contradicts those of the forest protection. Hence, a forestry lawyer is also an expert on these other fields of laws, who may also use mediation and arbitration in negotiating and conversations with the Indigenous Peoples.

While forestry law is of a preventive nature, in the sense that forestry lawyers ensure compliance with forestry legislations and regulations to prevent adverse consequences, forestry lawyer may also aid with litigation, such as those arising from timber and logging contracts, tenures, and agreements.

Federal Forestry Laws in Canada

Canadian federal forestry laws generally apply only to federal lands – which is only a small portion compared to the forestry lands managed and regulated by the provinces and the territories. This small portion are mainly the statutory-declared national parks; lands owned by the Department of National Defence; and land reserves for Aboriginal Peoples. Here, forestry lawyers advise their clients – which are mostly forest products companies – with the applicable federal forestry laws in their business operations.

Forestry Act

The Forestry Act basically delegates to the Minister of Natural Resources to develop and conduct research on the forest lands managed by the federal government. The Minister may also establish Forest Experimental Areas in federal forest lands, which the Governor General in Council may impose necessary regulations for the protection, care and management of these forest lands (Section 6, the Act), such as cutting of timber, prevention and removal of trespassers, and any other prohibited activities to preserve these forest lands.

Timber Regulations, 1993

In addition to the Section 6 of the Forestry Act, the Governor General has promulgated the Timber Regulations, 1993. According to the Regulations, it is prohibited to cut and remove timber in federally managed forest areas without a permit issued by a forestry officer, or without an agreement with the Minister of Natural Resources.

Other Applicable Federal Laws

• Indian Act: under Section 57, the Governor General in Council may promulgate regulations as to the cutting of timber in surrendered lands, and seize or forfeit any timber or other forests resources harvested in violation of the said Section.
• Canada National Parks Act: portions of national parks are designated as timber areas as enumerated in this Act.
• Species At Risk Act: This is considered as part of the protection of endangered wildlife species from becoming extinct is the protection of forest lands which are their natural habitat, which may also be at the same time reserved lands under the Indian Act.

Provincial and Territorial Forestry Laws in Canada

With the bulk of forest areas in Canada are found, owned and managed by the provinces and territories, most of forestry laws are implemented by the provincial and territorial governments. Additionally, some federal forest laws may also apply to the same forest areas. For this reason, forestry lawyers can delineate jurisdictions of these respective and mostly overlapping laws, and which of these are applicable according to the operations of their clients.

These provincial and territorial laws, in enforcing their own forest laws and the federal ones, provide for procedures in timber licensing or timber agreements with forest product companies; exact responsibilities from these companies in the duration and after their operations; demand royalties and taxes; and manage other forest areas not designated as timber areas. As such, forestry lawyers assist forest product companies in following these various impositions by the provincial and territorial laws.

Who regulates forestry in Canada?

The main regulating agency of forestry laws in Canada is Natural Resources Canada. The Minister of Natural Resources is responsible for the implementation of the Forestry Act, the Timber Regulations, and other regulations.

In connection with these laws, third-party certifications also contribute to regulating the forestry sector and forest management in Canada. These certificates primarily shows that a forest product company legally operates under Canadian laws and follows strict compliance with other international standards. It assures consumers that products from these companies are produced in the view of environmental sustainability. There are three forest certification organisations which provide the forest management certifications, namely:

• the Sustainable Forestry Initiative (SFI)
• the Forest Stewardship Council (FSC)
• the Canadian Standards Association (CSA)

What are the main issues forestry lawyers in Canada deal with?

The main issues surrounding the forestry sector in Canada is the protection of forest areas from natural and man-made causes against deforestation, and the balance between economic exploitation and preservation of these forest areas.

While natural causes of deforestation also occur, such as wildfires, pests, or diseases, human interaction with forest areas also accounts for its denudation and conversion. Actual implementation of various laws of different sectors – environmental, agriculture, energy, mining, and indigenous peoples – takes into consideration the responsible use of natural resources to provide for the needs of the country as a whole.

Hence, forestry laws and forestry lawyers play an important role in the addressing of these key issues.

Need more information on Canada’s forestry laws? See below for the list of the best forestry lawyers as ranked by Lexpert to assist you.

Best Franchise lawyers in Canada as ranked by Lexpert

The practice area of franchise lawyers is essentially a commercial law practice area which, due to the special needs of this important industry, necessarily incorporates various legal skills normally associated with other, unrelated practice areas. For this reason it has attained, in Canada and internationally, the status of a distinct practice area.

Generally the practice area includes documentation work including preparation of applications, franchise agreements, assignments, guarantees, indemnities and security agreements; regulatory compliance work including prospectus preparation, disclosure documents, and offering circulars; financing work which may include public offerings and private investment syndications; commercial leasing and other real estate arrangements; acquisition and sales work involving purchasing or disposing of new and existing franchises, as well as entire franchise systems; master franchise or area development agreements; international work which includes the establishment of foreign franchise systems in Canada and the Canadianization of foreign franchise documentation; intellectual property work including securing patents, copyright and particularly trademark protection; and sales and tax planning work which may include significant cross-border (particularly Canada-US) aspects.

Please note that the Lexpert Directory has separate practice areas for:

• Commodity tax and customs lawyers
• Competition lawyers
• Employment lawyers
• Intellectual property lawyers
• International trade lawyers

Are franchises regulated in Canada?

While there are no federal laws on franchises in Canada, there are franchise-specific disclosure laws or disclosure legislations in some provinces, namely – in British Columbia, Alberta, Manitoba, New Brunswick, Ontario, and Prince Edward Island. For Quebec, although there is also no provincial law on franchises, the relationship between the franchisee and the franchisor, and their contract, are governed by its Civil Code.

Generally, these disclosure legislations are mostly the same although they may differ is some terminologies used. Thus, franchise lawyers are best consulted for the specific details of each provincial franchise legislation. Below are some of their commonalities:

Rights

Specific definitions of a “franchise” among the different franchise legislations may deviate from each other; but commonly, a franchise is the right granted by the franchisor for a franchisee to use the former’s trademark, trade name, logo or advertising during the latter’s business, hence obligating the franchisee to tender payment to the franchisor as agreed upon by both parties in a franchise contract.

Along with this is the right of the franchisor to exercise major control over the franchisee’s operations, marketing, physical designs, location and outlets, and other forms of control. Assistance may also be provided by the franchisor, such as staff and management training, among others. Franchise lawyers are commonly used to clarify these contracts for either party.

The said franchise contract may also contain other rights and obligations the parties may stipulate. Mostly, these franchise contracts are contracts of adhesion, or a consumer-standard form, which means that they are prepared only by one party (the franchisor, in this case), and the other party (the franchisee) will only either accede or deny such contract. Although, such terms and conditions in the franchise contract may still be subject to negotiations, depending on both parties.

Hence, it is important to engage the services of a franchise lawyer at this time, since a franchise contract will provide for the specific rights and obligations of both parties, methods of settling disputes, grounds of rescission, and other important details. Franchise lawyers may assist in interpreting such contracts and may also help in negotiations if there are unfavourable conditions therein.

Coverage

These franchise legislations apply both to domestic franchisors (Canadian-owned businesses offering a franchise) and foreign franchisors (foreign companies entering Canadian jurisdiction).

Disclosure Document

Before the signing of the franchise contract, a franchisor is obligated under the law to provide the prospective franchisee a disclosure document, which would provide for all the details of the franchise and all material facts that might affect the decision of the prospective franchisee in pursuing the franchise contract. This is a mandatory act from the franchisor required by law, which must also include for a certificate of disclosure to be signed by the franchisor.

This is based on the rationale that parties to a franchise contract are burdened with disclosing necessary information for the perfection of the contract in good faith.

Should there be violation on this obligation of a franchisor to provide a disclosure agreement, a franchisee would be entitled to either the rescission of the contract, or relief for damages on the ground of misrepresentation on the part of the franchisor.

Duty of Fair Dealing and Good Faith

After the signing of the franchise contract, and for the duration of the franchise, both parties are expected to diligently follow what has been agreed upon by in the franchise contract. This is in addition to the minimum statutory standards found in federal and provincial laws on commerce, labour, competition, intellectual property rights, and arbitration or mediation laws should the franchise agreement have an arbitration or mediation clause.

Regulator

Since there is no single federal government agency regulating franchises, remedies against any of the contracting parties arising out of a franchise contract are filed before and resolved by the judicial courts. Here, franchise lawyers assist clients (who may either be the franchisee or franchisor) in pursuing said remedies, which may be for specific performance, rescission of the contract, or for damages.

Right to Associate

Franchisees may also form an association or organisation under the law. In turn, franchisors may not impair this right of franchisees, either directly through a prohibition in the franchise contract, or indirectly through the acts of the franchisor.

How does franchising work in Canada?

A franchise’s life starts in the offer, either of the franchisee or the franchisor. Negotiations may ensue, with the execution of the disclosure document by the franchisor. The signing of the franchise contract or agreement thus lawfully creates the franchise.

Franchise lawyers may represent either party in any of these stages since compliance with the law depends upon the specific provincial law that shall govern the preparation, perfection, and consummation of the franchise contract.

How do I get out of a franchise agreement in Canada?

A franchisor or franchisee who is not in default may legally break out of a franchise agreement. Absent any fault attributable to either party, the franchise contract or agreement may also be bilaterally rescinded, or upon the expiration of the said contract or agreement on the date stipulated therein.

Failure to Deliver the Disclosure Document

The franchise legislations have a strong emphasis on the duty of the franchisor to deliver the disclosure document to the franchisee, to help the latter make a consensual decision whether to enter a franchise contract or not. If there is failure by the franchisor on this obligation, the franchisee is entitled to the rescission of the contract, damages, and losses incurred by the franchisee.

Breach of Franchise Agreement

The breach of the franchise agreement may be committed by either the franchisee or the franchisor and may have different effects and reliefs on both parties.

• Grounds for Breach by Franchisee
  • Non-payment of the franchise deal or royalties
  • Stipulations under the franchise contract was not followed
• Grounds for Breach by Franchisor
  • Non-delivery or insufficiency of disclosure document
  • Non-performance of obligations under the franchise contract

How are franchises taxed in Canada?

Franchise lawyers may help franchisees with regards to their tax obligations. But generally, franchisees are subject to income tax, whose rate may depend on the province they are located at, such as the GST/HST, QST, or PST.

Interested in entering into a franchise agreement, or is already in one and seeks advise for any disputes thereof? Head down below for a list of the best franchise lawyers to reach Lexpert Ranked status.

Best Immigration lawyers in Canada as ranked by Lexpert

The practice area of immigration lawyers divides into personal and business immigration. The first includes individual, family, student and human rights or refugee applications, hearings and appeals. The second includes services to companies transferring personnel, temporary visas and work permits, and special inward investment/immigration programs.

Laws which govern Canadian immigration lawyers

Canadian Immigration Laws

Immigration is the procedure whereby an individual, originally from a different country or state, becomes a permanent resident or a citizen of another country. Canada has a long history with immigration policies and laws, and which reflects the ongoing socio-cultural norms of its time. By passing and continually amending these immigration policies and law, Canada has long recognised the economic benefits of an established and inclusive immigration in the country. As immigration – from its substantive laws, its procedures, and the actual day-to-day process – may practically be confusing for most people, it is best to consult with a one of the immigration lawyers below to assist immigrants.

Immigration Act (1976)

The Immigration Act (1976) is the predecessor of the Immigration and Refugee Protection Act (IRPA) and the principal law on immigration from 1976 until 2002, when the IRPA was passed. As such, the Act was the backdrop for IRPA.

The Act is a landmark legislation on immigration, setting out its difference from the earlier immigration policies or statutes, when it promoted demographic, economic, social, and cultural goals of Canada in its immigration policy. To achieve this, it prioritises family reunion, diversity, and non-discrimination, which is still evident in IPRA.

Another highlight of the Act was its definition of refugees as a distinct group of immigrants, which was done in Canadian laws for the first time. It hence required the government to follow the humanitarian standards set by international agreements on accepting refugees in the country.

Immigration and Refugee Protection Act (IRPA)

Immigration and Refugee Protection Act (IRPA) is currently the prevailing federal law on immigration and protection of refugees, while maintaining a lot of the substantial principles of the repealed Immigration Act (1976).

IRPA provides for the process of selection of permanent residency (Sections 11 and 12); the grounds and process of losing a permanent residency status (Division 5, Part I); and penal clauses, such as detention (Division 6, Part I), and against human smuggling and trafficking (Section 117). The IRPA established the Immigration and Refugee Board (IRB) (Section 151) which has the power to hear and decide cases regarding immigrants and refugees.

Provincial Nominee Program (PNP)

Implemented and regulated by the respective provincial and territorial governments, the Provincial Nominee Program (PNP) provides for a process for a skilled worker to immigrate to Canada, eventually acquiring a permanent resident status. Except for Quebec which does not have a PNP and has its own selection criteria, each province and territory has its own “streams” for an interested immigrant to choose from and apply for before the provincial or territorial level for a nomination. Among most provinces and territories, the following are the most common streams:

• students
• entrepreneurs
• skilled workers
• semi-skilled workers

Once a nomination is obtained, said immigrant may now apply for permanent residency before the Immigration, Refugees and Citizenship Canada (IRCC).

Regulators of Canadian Immigration Laws

Under Section 4, the Minister of Immigration, Refugees, and Citizenship is the enabling authority responsible for the administration of the IRPA, in addition to the Minister of Public Safety and Emergency Preparedness as regards to the entry of immigrants or refugees, and the Minister of Employment and Social Development in matters relating to the conditions imposed on permanent residents and foreign nationals, and those who has acquired work or study visas.

Anent to this, the Immigration, Refugees and Citizenship Canada (IRCC) is the main federal government department with regards to the enforcement of the IRPA, especially its provisions on citizenship, and protection of refugees.

An immigration lawyer mainly coordinates with these agencies as to any concern regarding immigration and residency of their clients. One advantage of consulting with an immigration lawyer is their extensive knowledge of the bureaucratic processes of these government departments, to expedite their client’s transaction before them.

What are the 4 types of immigrants Canadian immigration lawyers work with?

When the IPRA replaced the Immigration Act (1976), the former retained the latter’s classifications of immigrants. The following are the 4 types of immigrants in Canada for the purpose of selecting permanent residents, which has different procedures and requirements before a foreign national can acquire a permanent resident status. Under the law and administrative regulations, each type or class of immigrants have different specific procedures before being granted a permanent residency status. As such, it is important to refer to an immigration lawyer for pre-assessments and advice to acquire a favourable decision.

Family Reunification

Under IRPA’s Section 12(1), a foreign national or an immigrant may be sponsored by a family member based on their relationship as a spouse, common-law partner, child, parent, or as any other family member, subject to other conditions. The sponsoring family member may either be a Canadian citizen, or a Canadian permanent resident. Immigrants under family reunification may also be referred as Immigrants Sponsored by Family or Family Class. IPRA has since expanded this to include same-sex and common-law relationships.

Economic Immigrant

Section 12(2) of the IRPA defines economic immigrants as a foreign national chosen to become permanent residents because of their ability to become contribute economically for Canada, such as meeting labour market needs, establishing a business, investing a substantial amount, or meeting provincial or territorial labour market needs (which may correlate to the PNP).

Refugee

Refugees, to be selected as a permanent resident under Section 12(3) of IRPA, are immigrants who are considered as a Convention refugee or is in a similar circumstance. A Convention refugee is generally a person who, because of a well-founded fear of persecution, is outside of their own country and is unable to avail of protections afforded to them by said country, or those who cannot or is unwilling to return to their own country.

Other Immigrant

Immigrants granted with permanent residency under this class are persons who do not fall under any of the three preceding classes. One may consult with an immigration lawyer for the other types of immigrants to acquire a permanent residency status.

What are the rights of immigrants in Canada?

Under international conventions ratified by Canada and its policies on immigration, all immigrants have human rights which needs to be respected, regardless of their country of origin, status of residency, age, sex, gender identity and sexual orientation, race and Indigenous roots, or political affiliation or opinion.

While immigrants have the right to be afforded due process (judicially or administratively), immigrants may be denied permanent residency status if said person has committed any of the crimes under the Crimes Against Humanity and War Crimes Act, or under the Criminal Code, and other grounds listed in Division 4, Part 1, of the IRPA.

When an immigrant’s right has been violated, or when applications for permanent residency has been denied, an immigration lawyer is the best person to consult with for the best route of action to be undertaken.

What is the difference between permanent residents and refugees in Canada?

Generally, permanent residents are those who have been granted permanent residency status, but is not (yet) a Canadian citizen, by virtue of their pending application for Canadian citizenship or the lack thereof. Thus, it may be said that they retain their original citizenship for the meantime.

Note that citizenship under Canadian laws may only be acquired through birth, or upon application after becoming a permanent resident, subject to other qualifications, such as having lived in Canada for 3 out of the last 5 years, etc.

However, a refugee does not become a permanent resident, since the IRB must first review and approve their claim, and upon approval thereof, can now apply for a permanent residency status in Canada. Specific IRB procedures on permanent residency status are best explained by an immigration lawyer, especially with its requirements and other qualifications.

Interested in immigrating to Canada, or have question on permanent residency application? Consult with the best immigration lawyers in Canada by scrolling down below, all of whom are Lexpert Ranked.

Best Infrastructure lawyers in Canada as ranked by Lexpert

The practice area of infrastructure lawyers encompasses providing advice and counsel on Infrastructure development, including P3 projects. Various areas of regulatory law impact on development projects, including municipal law and land use planning, and therefore, infrastructure lawyers need to include these advisory services in their practices. Clients also require advice in the areas of Procurement, Alternative Financing, corporate, construction, commercial and litigation considerations.

Please note that the Lexpert directory has separate practice area for:

• Construction lawyers
• Project finance lawyers
• Property development lawyers
• Labour relations lawyers in the construction industry

What does an infrastructure lawyer do?

An infrastructure lawyer may represent any sector in the infrastructure industry, bringing in their experience of the different areas of law expertise that overlaps with infrastructure law. They assist clients who are in the public sector – the state agencies, ranging from the federal level down to the municipal level – in its policy-making role, planning of public infrastructure projects, until its implementation. Infrastructure lawyers mostly have as their clients the private sector – contractors, funding entities, or lending institutions – that are engaged with through the public-private partnerships (PPP or 3Ps).  

Infrastructure lawyers employ transactional, litigious, and alternative dispute resolution practices. As with all other transactions, drafting and negotiation of contracts is at the heart of every partnership. When disputes or problems arise, parties may enforce mediation or arbitration clauses in contracts. As a last resort, litigations may ensue between them. As such, infrastructure lawyers are present in all these stages in the infrastructure industry.

In addition, infrastructure lawyers do not only serve a single sector in the infrastructure industry, but may be assist clients in multi-sectoral transactions, which may also have an international element to it. Thus, infrastructure lawyers are highly skilled in these different nuances of the practice of infrastructure law.

All these transactions of infrastructure lawyers are to ensure compliance with government regulations and statutes, and to secure the rights and obligations of all parties.

Who is responsible for infrastructure in Canada?

Infrastructure Canada is the federal government department which deals with public infrastructure projects, from its planning up to its implementation – from highways and roads, stadiums, water projects, bridges, among others.

Infrastructure Canada is also responsible for policy development with matters relating to infrastructure. Both the Minister of Intergovernmental Affairs, Infrastructure and Communities, and the Minister of Housing and Diversity and Inclusion are also responsible for Infrastructure Canada.

In its goal of implementing public infrastructure across Canada, the department is mandated to:

• Collaborate with other federal agencies, municipal governments, and other stakeholders such as the local Indigenous communities;
• Create infrastructure that are inclusive, sustainable, and disaster-resilient;
• Conduct research to identify community needs.

The department manages two programs, namely, the Canada Community-Building Fund, and the Canada Strategic Infrastructure Fund.

Canada Community-Building Fund

The Canada Community-Building Fund, previously known as the Gas Tax Fund, is a source of funding for local infrastructure projects of municipalities in the provinces and territories. Projects are chosen or proposed by local communities from among the 19 categories of infrastructure projects.

Canada Strategic Infrastructure Fund

The Canada Strategic Infrastructure Fund provides resources to eligible recipients in implementing large-scale strategic infrastructure projects. This may either be public or private partnerships. The possible eligible recipients of the fund are provincial and territorial governments, other municipal public sector bodies, or private entities.

Canada Strategic Infrastructure Fund Act

The Canada Strategic Infrastructure Fund Act established the Canada Infrastructure Bank (CIB), a federal corporation intended for advisory and investment purposes specifically on large-scale infrastructure projects, through public-private partnerships, for the benefit of Canadians. Its establishment is part of the Investing in Canada Plan to strengthen Canada’s resources for its numerous infrastructure projects. The CIB works jointly with agencies and corporations of all levels – federal, provincial, territorial, municipal – together with Indigenous partners.

Over the years, the CIB’s investment plans for strategic infrastructure have evolved which now includes the following priority sectors:

• • Public transportation;
  • Sewage and treatment;
  • Green infrastructure;
  • Trade and transport;
  • Tourism;
  • Connectivity; and
  • Green energy.

Who pays for infrastructure in Canada?

In 2016, an investment campaign called the Investing in Canada Infrastructure Program was established by the federal government, which aims to invest $180 billion public funds over the span of 12 years for infrastructure projects to be implemented throughout all of Canada.

The Program has four targeted funding streams for its investments in infrastructure:

• Public Transit: to improve the capacity, quality, safety and accessibility of public transportation;
• Green Infrastructure: to address climate change mitigation, and disaster resilience, adaptation, and mitigation;
• Community, Culture and Recreation Infrastructure: to improve cultural spaces, recreational facilities, and community centres and libraries;
• Rural and Northern Communities Infrastructure: to improve local transport systems, ensure food security, improve broadband connectivity, access to energy sources, and educational and health facilities.

In the implementation of infrastructure projects, the federal Government of Canada partners with provincial and territorial governments through the execution of bilateral agreements between the government-parties. Projects under these bilateral agreements are also assessed through the Climate Lens Assessment, which is the tool used to measure the climate impacts of infrastructure projects in Canada. It aims to construct disaster-resilient and climate-smart infrastructures, with lesser energy costs and minimal carbon footprint.

Local Canadian communities are engaged with to have a more inclusive approach in these infrastructure projects. Indigenous communities must be consulted with in line with the guidelines provided by Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC). The Community Employment Benefits General Guidance is also used to measure the social outcomes of infrastructure projects, such as the employment opportunities provided for members of under-represented groups, and the increase and retention of diverse employees.

These key tools and project monitoring procedures that the Investing in Canada Infrastructure Program does not only address infrastructure needs of the country, but also that it does not disregard the social impacts these large infrastructure projects have on local communities. Infrastructure lawyers frequently get involved representing either side of these projects.

Who owns critical infrastructure in Canada?

“Critical infrastructure” is a system of physical infrastructures and information technology essential for the holistic well-being of Canadians and the productive operations of the state. These critical infrastructures transcend boundaries, working between provincial and territorial governments, or with the federal government. Any interference of these systems is prevented, as this would affect the normal day-to-day transactions of Canadians and the economy.

These critical infrastructures are largely owned by the private sector (i.e., private companies and corporations) compared to public sector (i.e., the state and its agents). Among the Canadian public sector, the critical infrastructures are mostly run and owned by the municipal governments; followed by the provincial and territorial governments; with minimal critical infrastructures found in Indigenous communities, and the federal government.

What are the 10 critical infrastructure sectors in Canada?

The National Strategy for Critical Infrastructure, which is the collaborative strategy among and between the federal, and provincial and territorial governments, listed 10 critical infrastructures:

1. Energy and utilities
2. Finance
3. Food
4. Government
5. Health
6. Information and communication technology
7. Manufacturing
8. Safety
9. Transportation
10. Water

In need of additional information about infrastructure law? Below is the list of the best infrastructure lawyers to reach Lexpert Ranked status, reach out to them with your concerns.

Best Insolvency lawyers for litigation in Canada as ranked by Lexpert

Insolvency and insolvency litigation is generally understood to relate to acting for and advising lenders, other creditors, debtors, trustees in bankruptcy, receivers and other participants in corporate insolvencies and debt enforcement, collection and recovery, and typically involves bankruptcy, receivership or similar court-supervised insolvency proceedings or private enforcement remedies. Insolvency lawyers who work in litigation are focused on these topics.

Insolvency lawyers may also be advising corporations, financial institutions, bondholders, distress or hedge funds, investors, purchasers and other participants in the formulation, negotiation and implementation of corporate financial restructurings, whether in circumstances of insolvency or solvency and whether involving debt and/or equity, and includes informal negotiated workouts and refinancings and financial restructurings implemented pursuant to insolvency statutes such as the Companies' Creditors Arrangements Act and the Bankruptcy and Insolvency Act or corporate statutes such as the Canada Business Corporations Act or similar provincial statutes. Practitioners in this area may be involved in cross-border restructuring matters.

Please note that the Lexpert Directory has separate practice areas for:

• Corporate commercial litigation lawyers
• Banking lawyers

What is insolvency and restructuring?

Insolvency and restructuring are two separate terms which may mean different things; however, their goal is basically the same – to help a debtor-company recover from its financial difficulties in order to become financially stable once again.

Insolvency is when a debtor-company is in a financial distress, making it difficult to pay its creditors when these debts become due and demandable. Here, a debtor-company may implement restructuring, among other statutory procedures available to them, to manage insolvency.

Restructuring is when debts are “restructured” into feasible payment schedules in coordination with the debtor-company's creditors, while continuing its business operations. Plans or proposals on restructuring debts are details of how the said debtor-company will pay off these restructured debts, while sustaining operational expenses to continue its day-to-day business transactions.

This may result to cost cutting measures through disposal of assets, reorganisation of the company, laying off employees or reduction of their benefits but not below labour standards. The plan or proposal may also be subject to court approval or action, depending on the state laws on restructuring and insolvency, and of the creditors also.

Is bankruptcy different from insolvency?

In Canada, the difference between insolvency and bankruptcy is in its nature:

• insolvency is a financial state that makes a debtor-company or -individual to pay off their debts as it becomes due, such as when the total liabilities exceed that of their current assets;
• bankruptcy is the legal process, or may refer to the court order, which declares or is declaring a debtor-company or -individual as insolvent, thus providing for the process to be done to equitably pay these creditors out of the assets of the debtor.

Financial Restructuring and Insolvency Lawyers

When financial restructuring and insolvency have separate applicable statutes, or have different respective laws which may overlap with each other, financial restructuring and insolvency lawyers assist clients in the construction of these statutes.

As financial restructuring and insolvency lawyers, they may either represent the debtor, which is either an individual, a company, or an organisation at the verge of becoming insolvent or bankrupt; or they may also represent the creditor/s who have interests in the debtor’s insolvency or bankruptcy state.

Restructuring plans or proposals may be done extrajudicially or outside the auspices of the court, but this is subject to the parties’ own volition and protections set by the law may not be applicable in this case. Hence, it is recommended that restructuring be done with the help of financial restructuring and insolvency lawyers under the guidance of the court through a judicial proceeding.

Work done by financial restructuring and insolvency lawyers

Most of the work of financial restructuring and insolvency lawyers is negotiating with the other party for a restructuring proposal that would be beneficial to both parties – either judicially or extrajudicially. Thus, part of their work would also be transactional, such as preparation of the restructuring proposal, or other documents needed for the regulatory compliance of filing for insolvency or bankruptcy under the law.

After this, when court proceedings commence, financial restructuring and insolvency lawyers represent their clients before the courts during insolvency litigation, keeping in mind the desired outcomes of their clients. They are also present during administration, until receivership, or even during liquidation.

Prior or during the judicial filing of insolvency or bankruptcy of a debtor-company, financial restructuring and insolvency lawyers do not only exhibit their knowledge on insolvency and restructuring laws, but also of corporate laws, property laws, contract laws, taxation, or banking laws.

What is the Winding Up and Restructuring Act Canada?

The Winding-up and Restructuring Act (WURA) is the Canadian federal statute that mainly outlines the judicial process of liquidation, winding-up, and restructuring of government-regulated companies or corporations, financial institutions, and insurance companies.

Section 3 of the WURA enumerates the circumstances when a company is already considered insolvent, but mainly, when such company is unable to pay off its debts or its liabilities as these debts become due and demandable.

In Section 4, the WURA specifies when a company is deemed unable to pay its debts – when a creditor has sent a notice to the debtor for the payment of the latter’s debts, and the debtor has not responded after 60 days, a debtor is now considered insolvent.

The WURA is applicable only to corporations and companies listed in Section 6(1) that is insolvent, is currently on the process of liquidation or winding up, either by petition of the shareholders, its creditors, assignees, or liquidators, or through the control of the appointed Superintendent of Financial Institutions.

When an application winding up has been filed, a debtor-company ceases to operate, followed by the appointment of liquidator/s or trustee/s, and the said debtor-company's assets will be applied to the satisfaction of its debts to its creditor/s.

What are the insolvency laws in Canada?

The main insolvency laws in Canada are the Bankruptcy and Insolvency Act (BIA), and the Companies' Creditors Arrangement Act (CCAA). This is in addition to provincial and territorial laws on insolvency and other federal laws which may apply to a certain institution, such as the Bank Act.

Bankruptcy and Insolvency Act (BIA)

The BIA is the federal law on bankruptcy and insolvency processes, thus providing for the specific scope and rights of all parties involved – the debtors, its creditor/s, the trustees, and the federal government through the Superintendent of Bankruptcy.

Part III of the BIA governs the provisions of the proposals, which is the restructuring regime prepared by the debtor-companies or –individuals for its creditors on any compromise or sale of the former’s assets for the orderly satisfaction of the debts. Trustee/s will then manage the debtor’s properties, followed by a creditor/s’ meeting to decide on such proposal, which will be the basis for issuance of the court order.

Companies’ Creditors Arrangement Act (CCAA)

The CCAA is a federal law which applies to larger companies or corporations. It provides for a restructuring regime where the claims against the debtor-company is more than $5,000,000, according to Section 3(1). With end view of preventing the said debtor -company or -corporation from becoming bankrupt, the CCAA provides for processes for all parties to reach a compromise agreement, to be agreed to also during a creditors’ meeting.

Here, the debtor-regime of CCAA is different from the BI, where the debtor in former retains ownership of its properties and assets, while continuing its operations; as compared to the latter where a trustee is appointed. Although, both circumstances are under the supervision of the court.

Want to know more about these Canadian laws? Head down below to consult with the best financial restructuring and insolvency lawyers as ranked by Lexpert.

Best Intellectual property lawyers in Canada as ranked by Lexpert

The practice area of intellectual property lawyers comprises the provision of advice and representation in all matters relating to origination, exploitation and protection of inventions, patents, trade-marks, official marks, copyright, moral rights, industrial designs, brand names, trade dress, personality rights, topographies, trade secrets, data, etc.; product piracy, counterfeiting, grey goods, infringements, passing off, etc.; forms of agreement respecting the origination and exploitation of intellectual property including R&D joint venture agreements, exploitation agreements, royalty agreements, licensing agreements, technology transfer agreements, etc.; intellectual property asset transfers in corporate acquisitions, mergers, strategic alliances, franchising and other commercial transactions; international aspects of the origination, exploitation and protection of intellectual property.

Please note that the Lexpert Directory has separate sections for:

• Computer & IT lawyers
• Intellectual property litigation lawyers

What does an intellectual property lawyer do?

Intellectual property (IP) lawyers assist individuals or juridical persons in their applications under any of the laws for the registration of their patents, industrial designs, trademarks, or copyright. They also assist said clients in protecting their trade secrets through the careful drafting of employment contracts to include non-disclosure agreements, and confidentiality clauses. In addition, IP lawyers represent their clients before administrative offices in the process of registration.

When infringements occur against their clients who are the rightful owner of an intellectual property, IP lawyers determine the applicable law and action to enforce such rights against violators. As such, IP lawyers are both transactional and litigious in their practice.

Canadian intellectual property laws

Canadian intellectual property laws are a combination of different federal statutes, provincial and territorial laws, and case law or jurisprudential doctrines from decided cases governing the application process, the protection granted, and all other matters necessary for the protection of an individual’s or an organisation’s intellectual property/properties.

This is in addition to the numerous international conventions that Canada is a signatory to, and which are mostly transformed or amended into the said federal statutes. Hence, Intellectual property lawyers are knowledgeable both on domestic and international IP laws.

What does the Canadian Intellectual Property Office do?

The Canadian Intellectual Property Office (CIPO) is a special agency under the Innovation, Science and Economic Development portfolio that caters to new or amended trademark applications, applications for patents, registrations of copyrights, and applications for industrial designs. Said specific process and details, including the fees, of the said applications and registrations may be different from each IP right.

The Office also has an IP database which users or designers may look at to check if there’s already an existing trademark, patent, copyright or industrial design registered. IP lawyers work in close coordination with this database and CIPO in representing their client’s registration or application.

What are the 5 types of Canadian intellectual property?

The five types of Canadian intellectual property which are protected under the law are: patents, industrial designs, trademarks, copyright, and trade secrets. More details may be provided by intellectual property lawyers as to specific details of application or registration, and if there’s confusion on the similarities of these five types.

1: Patents

The primary statute in Canada that details the rules and regulations regarding patents of invention is the Patent Act. Under the law, a registered patent provides the exclusive right against reproducing, using, or selling another’s invention for the period of 20 years throughout Canada from the time of the filing of the application.

This is also based on a “first-to-file system” which gives preference to the first applicant of a patent. For the information of the public, said application is available to the CIPO’s website after 18 months since the application.

Notably, a foreign patent must be separately applied for when it will be used in Canada; similarly, a Canadian patent is only applicable in Canada. Consult with an intellectual property lawyer for assistance with this.

Section 2 of the Patent Act defines an invention as something that is “new” and “useful”, or is a “useful improvement” of any of the following patentable inventions:

• Art
• Process
• Machine
• Manufacture
• Composition of matter

However, in the interpretation of various case law of the same Section 2 of the Patent Act, not all inventions can be patented. Chapter 17.03 of the Manual of Patent Office Practice, provides for a list of not patentable inventions under the Act.

2: Industrial Designs

Designers or producers of distinct, unique-looking original or new products can register these designs or products as an industrial design under the Industrial Design Act with the CIPO. Under Section 2, it may be the features with regards to the shape, configuration, pattern or ornament, or any combination of these features, applied to a finished article. Here, what is being registered is its visual appearance, and not its usage.

An application may be made one (1) year after the design’s creation or production. Once registered, an industrial design is protected for a period of 15 years after the filing of application applicable throughout Canada. The Act also prescribes the action against infringement for persons whose industrial design was illegally used by another.

Section 7 enumerated the qualifications for an industrial design to be registered:

• Design should be novel or new;
• Design is created by applicant or their predecessor in title;
• Design’s features are not dictated by its usage; and
• Design is not contrary to public morals or public order.

3: Trademarks

The Trademarks Act is federal statute governing the regulation of trademarks and unfair competition. In Section 2, it defines “trademark” as a sign or a combination of signs to indicate a particular person’s goods or services and distinguish it from others, or a certification mark. Practically, it stands out as the person’s or company’s distinct reputation and brand. Similar to patents, trademarks are registered on a “first-to-file system”.

Generally, business names as trademarks may not necessarily be registered, as these are already under the protection of Canadian common law (or Quebec civil law). However, by registering a trademark, it becomes statutorily protected under the Trademarks Act and other CIPO regulations – the most important is the exclusive use of the trademark throughout Canada for a period of 10 years. Intellectual property lawyers frequently help clients navigate this process.

Under Sections 9, 10, 11, 12 and 16, the following are prohibited to be registered as a trademark:

• Names and surnames
• Clearly descriptive marks
• Deceptively misdescriptive marks
• Place of origin
• Words in other languages
• Confusing with a registered or pending trademark
• Trademarks that are identical to, or likely to be mistaken for, prohibited marks

4: Copyright

A copyright is an obtained right to produce or reproduce the original work of another person or entity, in any form, and in part or a substantial part of it. The federal law governing copyrights in Canada is the Copyright Act. Under the Act, copyright may apply to any literary, dramatic, musical, or artistic works. Generally, there is a lifetime of protection that is provided for the original creator, until the 70th year following their death.

5: Trade Secrets

Although there is no federal statute protecting trade secrets, protections for it are found in common law (and civil law for Quebec). Provisions of Canada’s Criminal Code may be used against violators, and civil actions on breach of contracts or confidence and torts, where most of the protection for trade secrets are based on contracts with non-disclosure agreements and confidentiality clauses.

Do you have any intellectual property that you would like to register? Below is a list of the best intellectual property lawyers in Canada.

Best International trade lawyers in Canada as ranked by Lexpert

The practice area of international trade lawyers generally encompasses matters concerning anti-dumping, countervailing duty and other such trade proceedings; customs law including tariff classification, valuation of goods, country of origin determination and documentation, penalties and seizures; and import and export controls as governed by the Customs Act, Customs Tariff, the Cultural Property Export and Import Act, the Special Import Measures Act, CUSMA, WTO and GATT trade provisions.

Please note that the Lexpert directory has other practice pages for:

• Commodity tax and customs lawyers
• Corporate tax lawyers

What is international trade law?

International trade is the relationship between two states as regards to the buying and selling of products between them. It may also pertain to multinational transactions or agreements between three or more states.

As such, laws and regulations of international trade governs the flow of commerce across state borders, establishing rules before a state may proceed with trade with another state, or the prohibitions imposed on these states. International trade laws are mostly governed by treaties and international conventions which the state involved acceded to, federal or national laws of parties concerned, and contractual agreements and obligations between said parties.

International trade lawyers therefore assist in creating international agreements or contracts between states, or between municipal/local and foreign corporations and companies. They advise clients for them to comply with rules and regulations of international trade law.

What are the Canadian international trade policy priorities?

The Canadian government prioritises free trade and international trading systems with other states, while at the same time putting forward the interest of and safeguarding local industries. These trade policies are also embodied by international trade lawyers as they transact with other states on behalf of clients.

Canadian international trade policies

International trade policies for the export of products from Canada, or the import of goods from other countries, are governed by numerous laws on trade and commerce, public health, marketing, and customs tax or taxation. Thus, the practice of international trade lawyers is not only confined to federal, provincial and territorial laws on trade and commerce, added with an international component, but also the regulations, doctrines, treaties and conventions of Canadian private and public international law.

Export and Import Permits Act (EIPA)

The Export and Import Permits Act (EIPA) provides for guidelines on how to acquire authorisations and certifications for companies or corporations engaged in the business of importation and exportation, through the Trade Controls Bureau.

It establishes two control lists – the Export Control List (Section 3(1)) and the Import Control List (Section 5(1)) – which are lists of products that the government of Canada thinks need additional regulation because of its nature or to ensure that certain treaties or agreements are not violated. International trade lawyers aid clients by ensuring compliance with the lists and regulations of EIPA.

Generally, all products may be imported into the Canadian market without restrictions. But, in addition to Canadian Customs Tariff regulations, and under the EIPA, certain products are either prohibited or are regulated with strict compliance. These controlled products are:

• Agricultural products
• Aluminum
• Dairy
• Firearms
• Logs
• Military and strategic goods and technology
• Softwood lumber
• Steel
• Textiles and clothing

In addition, imported food products are also regulated by the Safe Food for Canadians Regulations, and the Food and Drugs Act and Regulation, especially as regards to its advertising and labelling.

Aside from these, other regulations are also imposed on other products being exported or imported to Canada. Not to mention the taxation laws and documentary requirements that would apply on these products. Hence, an international trade lawyer is best consulted with to make sure that all laws have been materially complied with.

Trade policy priorities

Canada has three trade policy priorities in putting forward its best interests as a state while in cooperation with the treaties and regulations of the international community:

Multilateral trading system

One of the main trade policy priorities of the Canadian government is its support or call for a fair and grounded multilateral trading system. As a member of the World Trade Organization (WTO), Canada has been its active participant in forging trade agreements, negotiations, and reviews; submission of trade disputes either as a plaintiff, respondent, or third-party; and providing other technical assistance and contributions to WTO and even to other state-members. Canada has also led the “Ottawa Group” among WTO members to strengthen the multilateral trading system.

Aside from the WTO, Canada is also a member of other multilateral trading institutions. Businesses transacting with other signatory state-members enlist the aid of international trade lawyers to know more about the advantages they may have from these, or the regulations needed to be complied with.

Trade diversification

Canada, through its policy of trade diversification, means that the country intends to export as many different products to as many different states and countries as possible. To achieve this, Canada has bound itself to numerous free trade agreements (FTAs), which are either bilateral or multilateral. This policy is important since it reduces Canada’s risk against economic risks through geographic export diversity, and hedges against price and demand risks by diversifying the products it exports.

Inclusive trade

In pursuing trade with other states and in creating policies, Canada ensures that it benefits not only a small array of industries and groups, but is widely shared among numerous sectors of society. As such, it intends to implement an inclusive approach to trade by including the traditionally marginalised groups, such as the youth, women, small and medium-sized enterprises (SMEs), LGBTQ2, Black, racialized, and Indigenous peoples.

The government supports enterprises and businesses led by members of these groups, provides local and international markets for them, and any other technical assistance for the growth of their enterprises and businesses. In addition, the state also crafts policies or enters into agreements with the inclusivity principle in mind. It is not uncommon for international trade lawyers to represent the interests of these groups.

Who controls international trade in Canada?

The main federal office responsible for enacting the EIPA is the Trade Controls Bureau. When permitted under the Export Control List of EIPA, the Bureau issues permits and certificates for the exportation of products.

What are international trade agreements Canada is a member of?

Canada is a signatory of numerous international trade agreements, in relation to its promotion of multilateral trading system. There are three main free trade agreements:

• the Canada-United States-Mexico Agreement (CUSMA);
• the Canada-European Union Comprehensive Economic and Trade Agreement (CETA);
• and World Trade Organization (WTO) General Agreement on Trade in Services (GATS).

International trade lawyers can spell out the applicability and differences among these three trade agreements, among many others.

Engaged in the business of international trade? Consult with the best international trade lawyers by heading down to the list below of Lexpert Ranked lawyers.

Best Investment funds lawyers in Canada as ranked by Lexpert

Asset Management and Investments Funds lawyers are generally understood to include a broad range of legal services to public mutual funds, private investment funds, labour-sponsored venture capital funds, special-purpose investment vehicles structured as mutual funds for tax or regulatory reasons, Canadian and international investment advisers and to mutual fund and other securities dealers.

These legal services include establishment of new funds and advising as to regulatory compliance, disclosure, distribution, dealer compensation and management fees; offerings of fund securities by prospectus or private placement; fund mergers and conversions; taxation; adviser and dealer registrations; custodial arrangements; sales communications; use of derivatives by funds; conflicts of interests and fiduciary duties of trustees, managers, advisers and general governance issues; mutual fund limited partnerships; and advising as to access to US and offshore markets for Canadian funds and access of US and offshore funds to Canadian markets.

Please note that the Lexpert directory has separate practice areas for:

• Personal tax and estate planning lawyers
• Private equity lawyers

What does an investment fund lawyer or asset management lawyer do?

An investment fund lawyer, who may also be referred to as an asset management lawyer, ensures that both foreign investors and Canadian recipients of investments comply with the below-mentioned laws and regulations, since laws on investments may also refer with other laws such as banking, taxation, and insurance laws.

In representing investor-clients, an investment fund lawyer may either represent the private or the public sector, since additional laws may apply depending on the sector concerned. When mergers or acquisitions do occur, stricter compliance are thus needed as mentioned above, hence an investment fund lawyer may also assist clients through the process vis-a-vis Canadian laws on mergers. Advises on regulatory compliance and disclosure obligations, based on the fiduciary nature of these transactions, are what an investment fund lawyer does best for their clients.

Who regulates investment funds in Canada?

Investment funds in Canada – whether invested by a Canadian or a foreign individual/corporation – are protected by federal laws and regulations, regulatory entities, in addition to the applicable provincial and territorial statutes. Thus, it is highly encouraged to consult with an investment fund lawyer as experts on these laws and regulations when investing in Canada or receiving investments from foreign entities.

The main regulating organisation is the Investment Industry Regulatory Organization of Canada (IIROC), which is also recognised by the Canadian Securities Administrators (CSA). The IIROC creates regulations with regards to investments in Canada. As such, investment fund lawyers or asset management lawyers may be referred to in ensuring compliance with IIROC rules and regulations.

Know more about what is asset management, what do asset management lawyers do, and the some of the governing laws of Canada on asset management.

What does the Investment Canada Act do?

The Investment Canada Act is the federal law on investments made by non-Canadians in Canada. The Act’s purpose is to encourage investment and economic growth and opportunity by reviewing significant investments of non-Canadians and those that could pose a threat to the national security of Canada (Section 2).

Multiple federal departments oversee the enforcement of the Act, as mentioned in the Investment Canada Regulations. All investments set by Schedule IV of the said Regulations is under the responsibility of the Innovation, Science and Economic Development Canada; while foreign investments related to cultural industries is under the responsibility of Department of Canadian Heritage.

Notification or Review

The Act applies to non-Canadians who may invest, and in turn acquires a direct or indirect interest over a Canadian company or corporation, or those who wants to establish a new business in Canada. Therefore, they must submit a Notification or an Application for Review, whichever is applicable, to the Minister of Industry. Under Part IV of the Act, a review on the investment is required when (1) the enterprise value of the Canadian business exceeds the prescribed monetary thresholds, or (2) it is injurious to national security. All other investments are only required to submit a notification.

Thresholds for Review

As for those which needs governmental review or approval, there are two kinds of thresholds:

Financial Threshold

While a direct investment is generally reviewable, an indirect investment will only become reviewable when what is being acquired is a cultural business and will be reviewed by the Department of Canadian Heritage; or when it is poses a threat to the national security, thus, will be reviewed upon the recommendation of the Minister of Innovation, Science, and Economic Development.

• Under Sections 14.1(1) and (2), the financial threshold for 2023* is $1.287 billion for the private sector (not state-owned); or $512 million for 2023* for the public sector (state-owned), under Sections 14.1(1.1) and (2). These amounts are applicable to:
  • direct investments by non-Canadians whose state is a member-state of the World Trade Organization (WTO) in acquisitions of a Canadian business, or
  • direct investments by non-Canadians whose state is a non-member-state of the WTO in a sale of a Canadian business controlled by a WTO investor;
• Under Subsections 14.11(1), (2) and (3), the financial threshold of a direct investment to acquire control of a Canadian business by non-Canadians whose state has a trade agreement with Canada, specified under Section 14.11(6), for 2023* is $1.931 billion;
• While investments in cultural businesses are generally non-reviewable, it will be reviewed, pursuant to subsections 14(3) and 14(4), when the amounts of investments are:
  • $5 million for direct investments, or
  • $50 million for indirect investments.

*Actual amounts of review thresholds are annually computed, as officially published in the Canada Gazette.

Acquisition of Control Threshold

Acquisition of control of Canadian businesses by non-Canadians will be reviewed under the Act if the non-Canadian acquires:

• 1/3 voting shares, or more, of a Canadian corporation; or
• majority of the voting interests of a Canadian partnership, trust or joint venture; or
• all the assets of a Canadian business.

How are investments protected in Canada?

When foreign investors run into problems with regards to their investments in Canada, an investment fund lawyer or an asset management lawyer can assist them with the help of various legislations, one of which is the Canadian Investor Protection Fund (CIPF). The CIPF is an insurance program that provides protection to investors when an IIROC-regulated individual investment firm has become insolvent or has declared itself bankrupt. It was established by the securities commissions of each respective province and territory, and membership under CIPF of IIROC-regulated firms is mandatory.

For an investor-client of an insolvent or bankrupt firm be qualified under the insurance protection of CIPF, the investor-client's account must be disclosed in the records of the firm, which is solely for the purpose of either holding or trading in securities or commodity and futures contracts. The investor-client is also not required to be a resident or citizen of Canada. However, an exception is when the said account is a mutual fund dealer account held by a firm whose office is in Québec.

When an investor-client is thus qualified, the CIPF proceeds in ensuring that any property or investment made before the said insolvent firm that is being held by it is returned to the investor-client. In some instances, the CIPF may also request the appropriate court or regulating authority to appoint a trustee for the insolvent firm. But not all types of investment or properties are secured by the CIPF. Accordingly, it only covers “missing properties” which may be in a form of cash, security, futures contract, or segregated insurance fund. As such, crypto assets are not included as a missing property that may be recovered.

There are also coverage limits to these insured investments or properties, as CIPF will only cover the value of the missing property at the date of the firm’s insolvency, up to the limits prescribed in the CIPF Coverage Policy.

Interested in investing in Canada, or have concerns regarding your current investments? Scroll down to consult with the best investment fund or asset management lawyers as ranked by Lexpert.

Best Labour lawyers in Canada as ranked by Lexpert

The practice area of labour relations lawyers is generally understood to include acting for and advising employers, organized labour and individual employees in grievance and arbitration proceedings under both federal and provincial legislation; representation before federal and provincial labour relations boards; negotiation of collective agreements in both the public and private sectors; strategic labour relations and workforce planning including downsizing; interest arbitration proceedings in the public sector; judicial review of labour arbitration and labour relations board decisions.

Please note that the Lexpert Directory has separate sections for:

• Labour relations lawyers in the construction sector
• Workers compensation lawyers
• Occupational health and safety lawyers
• Employment law lawyers
• Workplace human rights lawyers

What is an example of labour law in Canada?

There are numerous labor laws in Canada, either in the federal, or provincial or territorial level.

At the federal level, an example of and the prevailing labour law is the Canada Labour Code. The Code regulates specific sectors, such as federally regulated public and private corporations or entities, and the private sector firms and municipalities in the three Canadian territories. Meanwhile, there are also provincial or territorial labour laws covering the sectors which are not covered, or expands the rights granted to employees which are already covered, by the Canada Labour Code.

Labour disputes may arise out of the employer-employee relationship, and whether the federal or provincial/territorial labour laws apply on a specific dispute must be consulted with labour lawyers, to arrive at a good defense or complaint either as an employer or an employee.

What laws protect employees in Canada?

Labour lawyers provide extensive information on the regulations set by the laws mentioned below, both for employers and employees alike.

Canada Labour Code

The Canada Labour Code provides for the rights and obligations of employees and employers, respectively.

Generally, provisions of the Code may be split into:

• Labour/Industrial relations: covers the process of certification of trade unions, labour-management relations, right to collective bargaining, unfair labour practices (Part I);
• Labour minimum standards: workplace health and safety (Part II); and standard hours of work, minimum wages, annual vacations, statutory holidays, types of leaves, severance pay, unjust dismissal, and individual or group termination procedures (Part III)
• Penalties in case of violations (Part IV)

Canadian Human Rights Act

The Canadian Human Rights Act is the federal legislation that proscribes or prohibits discrimination based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, and conviction for an offence (Section 3(1)).

The prohibition on discrimination thus applies to employers and service providers against individuals who are either employed in the following sectors, or when they are receiving services from the agencies and offices of the federal and First Nations government, or from federally regulated private companies.

Employment Equity Act

The Employment Equity Act provides that no employers should deny employment to women, Aboriginal peoples (Indian, Inuit or Métis), people with disabilities, and members of visible minorities. The Act also provides that employers should also improve any disadvantageous conditions employment being experienced by the specific groups mentioned above (Section 2). As such, the Act applies to federally regulated organizations and businesses. Such Act is based on the principle of equity, where all persons should be treated equally, but subject to the individuality and differences of persons or employees.

Who enforces labour laws in Canada?

Enforcement of the above-stated laws are under the jurisdiction of Employment and Social Development Canada (ESDC), the federal government agency tasked with social programs and the labour sector. In addition, the Canada Industrial Relations Board (CIRB) is the quasi-judicial agency at the federal and provincial/territorial level which also enforces certain provisions of the Canada Labour Code.

The best labour lawyers represent employers or employees before these agencies, especially with the CIRB, such as during the certification process of trade unions, or when dispute resolution services of CIRB are availed of.

What is the government's role in labour relations in Canada?

Labour Relations in Canada

Canadian laws on labour relations are found in Part I of the Canada Labour Code, and the Federal Public Sector Labour Relations Act. Both statutes have different applicability, hence, it is better to consult with labour lawyers on the distinctions of the two.

Generally, the Code and the Act provides for the right of the employees to collectively bargain from their employers – from the procedures of certifying trade unions to become bargaining agents of a bargaining unit, and to the grounds of possible revocation of said certification. After certification, the Code and the Act provides for the duty of the employer to accede and to collectively bargain with the bargaining agent, among other rights and obligations of both parties to the collective bargaining agreement.

When indifferences or labour disputes arise, either out of the minimum labour standards or alleged violations of the collective bargaining agreement, the Code and the Act provides for remedies of both parties. A strike or lockout may be resorted to by the trade union, subject to certain conditions as provided by the Code or the Act. Conciliations, arbitrations or mediations may also be resorted to as regards the negotiation of the collective bargaining agreement, labour disputes, or other matters as provided in the Code and the Act.

At any stage of these rights, obligations, and procedures, labour lawyers assist clients – either the employer or the trade union – to arrive at solutions best suited for both parties, in relation to the principle of collective bargaining where both parties should bilaterally benefit from it.

Government Interventions

The federal, provincial and territorial government has various roles in labour relations. Labour disputes, strikes or lockouts may be prevented through enforcement of minimum labour standards for employees through government regulation, and other proactive measures to maintain industrial peace between employers and employees. When such disruptions occur, the government assist in negotiations through its agencies empowered to conduct alternative dispute resolutions. Also, by enacting or updating labour laws, the government makes these laws relevant which needs to keep up with the current trends of commerce and technology.

What is unfair labour practices Canada?

Unfair labour practises are explained in Part I of the Canada Labour Code, which may be committed in several ways, and not only be employers, but also persons representing or acting on behalf of employers, and even trade union members or officers.

Section 94(1) of the Code prohibits employers from interfering with the formation of a trade union in the workplace, or from financially contributing to the trade union to prevent its undue influence thereto, with the following exceptions in Section 94(2). On the other hand, Section 95 of the Code lists of various ways where trade union officers or members may commit unfair labour practise.

Complaint on violations of unfair labour practises may be filed by any employee, or trade union members or officers, before the Canada Industrial Relations Board (CIRB), where complainants may be assisted by labour lawyers. Also, complainants may consult with labour lawyers on the strength of such complaints, and other remedies available to them.

In need of assistance with regards to any provision of Canadian labour laws? Consult with the list of the best Lexpert Ranked labour lawyers by heading down to the list below.

Best Construction Labour lawyers in Canada as ranked by Lexpert

The practice area of construction labour lawyers is generally understood to include acting for and advising employers, organized labour and individual employees in grievance and arbitration proceedings under both federal and provincial legislation; representation before federal and provincial labour relations boards; negotiation of collective agreements in both the public and private sectors; strategic labour relations and workforce planning including downsizing; interest arbitration proceedings in the public sector; judicial review of labour arbitration and labour relations board decisions.

Please note that the Lexpert Directory has separate sections for:

• Labour relations lawyers – all industries
• Workers compensation lawyers
• Occupational health and safety lawyers
• Employment law lawyers
• Workplace human rights lawyers

What are there labour laws in Canada?

Labour laws in Canada are collectively composed of federal labour laws which regulate certain sectors or federally regulated industries, and the provincial or territorial labour laws which covers all others which are not covered by the federal laws. At the federal level, the governing law is the Canada Labour Code.

Canada Labour Code

The Canada Labour Code is the federal statute governing the rights and obligations of both the labourers and the employers. It specifically applies to federally regulated private sectors and public sectors, and private-sector firms and municipalities in the Canadian territories. The Code has four Parts:

Part I: Industrial Relations

Part I is more focused on labour relations – the relationship of trade unions and the employers, the rights of a union, the collective bargaining agreement, the conciliation procedure of labour disputes between employers and the labourers, and strikes and lockouts.

Part II: Occupational Health and Safety

Part II provides for the health and safety standards which must be implemented in a workplace. It seeks to prevent any accident, harassment, injuries, and illnesses from happening (Section 122.1). This applies to employees and even to non-employees but present in the workplace.

As employers, they have the duty to inform employees of any occupational hazard, known or foreseeable to them. Thereafter, employers must provide for steps to provide protection and training regarding said the hazard to secure the employee’s health and safety.

Employees also has the right to refuse dangerous work (Section 128(1)), when they have reasonable cause to believe that an operation of a machine, or a condition, or a performance of an activity generally poses danger to the refusing employee or another employee. However, this right has exceptions, especially when the refusal puts another person in danger (Section 128(2)(a)), or when the risk of danger is a normal condition of employment (Section 128(2)(b)).

Part III: Standard Hours, Wages, Vacations and Holidays

Part III of the Canadian Labour Code provides for the minimum labour standards and employment conditions which are mandatory rights afforded to all employees. It sets out regulations on the workers’ hours of work (Section 169), minimum wages (Section 178), annual vacations (Section 183), holidays (Section 191), and various types of leave (Division VII, Division VIII, Division XIII of Part III).

This Part of the Code also sets out the procedures for the termination of employment either by the employer or the employee (Divisions IX and X of Part III), and rights of an employee should there be unjust dismissal (Division XIV).

Part IV: Administrative Monetary Penalties

Lastly, Part IV of the Code entails the new Administrative Monetary Penalties system, imposing fines to employers who violates the said Code and its regulations.

What legislation regulates labour relations in Canada?

Labour Relations

Labor laws are mainly composed of two sub-parts – labour standards and labour relations. Where labour standards provide for the right of minimum statutory standards granted for labourers, on the other hand, labour relations govern the relationship of employers, its unionised employees, and the trade union. While labour standards may apply to both unionised and non-union employees (depending on state laws), the rights and privileges granted under labour relations may only apply to unionised employees.

Canadian Labour Relations

The federal legislation which regulates the labour relations – also referred to as industrial relations – in Canada is primarily found in Part I of the Canada Labour Code. This Part of the Code established the Canada Industrial Relations Board; and provides for the employees’ rights on collective bargaining, its process, and interpretation.

Canada Industrial Relations Board

The Canada Industrial Relations Board (CIRB) is the quasi-judicial tribunal mandated to promote industrial peace by providing means and procedures for mediation and arbitration on any labour or union dispute. They also have the power to certify trade unions, investigate complaints of unfair labour practice as defined by the Code, mediates labour disputes before it results to a strike or lockout, and arbitrates disputes submitted to it.

Collective Bargaining

The Code describes how can a trade union be the bargaining agent of a unit in a workplace, to come up with the collective bargaining agreement with their employer. The Code also provides for the rights of a certified bargaining agent, such as the employer’s obligation to collectively bargain with the trade union, right to a strike or lockout subject to certain conditions on the part of the trade union, among others.

What is the construction labour law in Canada?

Canadian construction labour laws may be derived from the Canada Labour Law, and the provincial and territorial construction laws and labour laws. Its application may also depend on whether these workers are under the public sector, or the private sector.

There is also a need to determine the existence of an employer-employee relationship between the construction worker and the purported employer (the contractor, subcontractor, or any other agency or entity). Additionally, it must be coupled with the determination of whether such construction worker may be considered as regular employee or not. Hence, the rights and obligations of both the construction worker and the employer will depend upon these determinations.

The employment contract, subject to the laws on contracts, between the construction worker and the employer may also govern their relationship.

Construction Labour Lawyers

Construction labour lawyers may either represent the employers (construction companies, contractors, subcontracts), or the construction employees either as an individual (non-unionised) or collectively (trade unions of construction workers).

As for employers, construction labour lawyers advise clients on the labour laws and regulations that must be implemented, such as the minimum labour standards under the Canada Labour Code, and the provincial or territorial labour laws and construction laws.

On the part of construction employees, construction labour lawyers advise construction workers on their rights under labour laws and construction laws, and ways on enforcing these rights should a violation occur against them. For trade unions, construction labour lawyers guide construction workers in formally organising a trade union, how to comply with the application process, orienting them with their rights and obligations under the law (i.e., collective bargaining agreement), and the remedies granted to them (i.e., strikes, lockouts, arbitrations) for any variation of the same.

Alternative Dispute Resolution (ADR)

Employers and trade unions may proceed with ADR methods in resolving construction labour disputes, such as mediation or arbitration. These are important stipulations on their collective bargaining agreements and may be enforced with the help of construction labour lawyers.

Litigation

When ADR methods fail, litigation may ensue between parties, and construction labour lawyers can either represent either the employer or the construction worker. However, under the principles of labour laws, this is the action of last resort, since it is favoured to resolve construction labour disputes pre-litigation, or even to prevent it from happening in the first place.

In need of assistance regarding employment relations, specifically to labour relations in the construction sector? Consult with the most recommended construction labour lawyers by heading down below to see those who are Lexpert Ranked.

Best Life sciences and health lawyers in Canada as ranked by Lexpert

The practice area of Life Sciences and health lawyers is defined in the widest sense in order to identify those firms capable of providing a full service to industry clients in all life sciences and health-related fields. As such, the practice area encompasses all manner of professional regulation in healthcare and related fields; joint ventures and syndications; taxation; federal and provincial regulatory applications; project, structured, debt, capital markets, private placement and secured financings; intellectual property; privacy; antitrust and competition; sales, marketing, and advertising; outsourcing and service agreements; research and development; supply and distribution agreements; acquisitions, mergers, and takeovers; litigation, including patent infringement and impeachment; product liability; corporate governance; mediation and arbitration; administrative law; employment and labour law.

Please note that the Lexpert Directory has a separate section for:

• Medical negligence lawyers
• Occupational health and safety lawyers
• Personal injury lawyers
• Intellectual property lawyers

What does a life sciences & health lawyer do?

A life sciences lawyer, sometimes referred to as a health lawyer or pharma lawyer, or even a biotech lawyer, generally works in relation to the regulation in patenting of pharmaceutical and biotech problems created by their client’s.

Their legal practise entails not only transactional processes but also alternative dispute resolution methods, and court litigations. A life sciences & health lawyer’s work is also cross-disciplinary, as it relates to other areas of law, such as taxation, corporate law, and labour law.

Registration or Licensing

The work of a life sciences & health lawyer, to a large extent, revolves around the registration and licensing of companies they represent – pharmaceutical, biotechnology, drug, or R&D companies – including its new products or substances it may manufacture. When a new company is established, or even during its lifetime, regulations must still be followed, such as those mentioned in the F&DA and its regulations.

Similarly, when a new product has been produced, it must be licensed before it can be commercially distributed for public consumption. Also, in the conduct of R&D and its clinical trials, PDD regulations must be maintained. Hence, a life sciences & health lawyer helps in monitoring compliance of these regulations, especially when federal regulations are made more complex by provincial and territorial regulations.

Intellectual Property (IP) Rights

When new biotechnology-derived products are discovered or manufactured by these pharmaceutical or biotechnology companies, a life sciences lawyer is at the forefront in registering its patent rights under the Patent Act of Canada before the Canadian Intellectual Property Office (CIPO). This is to protect these companies on their new inventions for its exclusive use on the exclusion of all others. In turn, when the IP rights of these companies are infringed, a life sciences & health lawyer proceeds against these violators before the Federal Court, or the superior courts of the provinces.

Corporate Management

A life sciences & health lawyer or a life sciences lawyer may also transcend with corporate and finance law, when representing their clients in mergers, acquisitions, takeovers, and other contractual and financial agreements. When international trade or entities are involved, a life sciences lawyer may also have to apply public international law, or private international law when domestic conflicts with an international element arise.

Who regulates the pharmaceutical industry in Canada?

Pharmaceutical Industry in Canada

Canadian pharmaceutical industry can be said to be made up of different stakeholders – the private corporations, in relation to the regulating government agencies, and the general public’s health concerns such as safety and reliability on such products. Private companies, which are mainly engaged in the manufacturing of medicines and other drug products, are composed of the different brand-name and generic companies, small and medium biopharmaceutical companies, and those which conducts research and development (R&D).

Pharmaceutical Drugs Directorate (PDD)

In regulating these pharmaceutical companies, the Pharmaceutical Drugs Directorate (PDD) implements the regulations set in the Food and Drug Regulations under the Food and Drugs Act (F&DA) at the federal level. The PDD, and the enforcement of F&DA and its regulations are under the portfolio of Health Canada, which is the federal authority on the R&D and production of health products, pharmaceuticals, and biopharmaceuticals.

Formerly the Therapeutic Products Directorate (TPD), the PDD is the agency whose main mandate is to examine the safety, efficacy, and quality requirements of medicines and other drug products before authorising its sale in the Canadian market. Aside from this, the agency is also tasked to evaluate the said drugs’ potential benefits and risks, among other procedures to ensure that it has been studied well through its clinical trials, monitored when there are adverse effects, and informing the public of necessary science-based medical information.

Food and Drugs Act (F&DA)

The Food and Drugs Act (F&DA) is the federal law regulating the production, importation, exportation, transportation, and selling of these products:

• Food
• Drugs
• Cosmetics
• Therapeutic devices
• Natural health products

Accordingly, each product has its own set of Regulations, namely – the Food and Drug Regulations; the Cosmetic Regulations; the Medical Devices Regulations; and the Natural Health Products Regulations.

These products are classified by their respective definitions and criteria set in Section 2 of the F&DA upon application of the manufacturing or pharmaceutical companies. Common among the criteria for classification of either a product falls upon food, drugs, cosmetics, or therapeutic devices are its medical claims and representations; its purpose and intended use in fulfilling its claims and representations; its composition, ingredients or structure; and its format (prepackaged, ready-to-consume, or capsule- or tablet-form).

Who regulates the biotech industry in Canada?

Biotechnology Industry in Canada

Applying the principles of a safe R&D space, biotechnology is focused on developing biotechnology-derived products, using novel or alternative methods of producing traditional products. As such, biotechnology is not only applicable in the life sciences sector (such as genetically modified foods, and therapeutic agents), but also in the agricultural (agricultural inputs, livestock products, pest control products), energy (bioenergy and biofuels), and environmental sector. It is also applied to consumer products, such as cosmetics, plastics, and cleaners.

The biotechnology industry has long been recognised by the Canadian government through various initiatives, policies, and other support programs. Thus, regulation of the industry has also been a priority of the federal government, to protect the health and safety of Canadians, while pursuing developments in biotechnology.

Regulations on Biotechnology

Policies and regulations imposed on the biotech industry is a shared responsibility of Health Canada, through the Canadian Food Inspection Agency; Environment Canada; and Fisheries and Oceans Canada.

Specifically, these agencies regulate the research, development, and production of biotechnology-derived products, such as genetically modified and other novel foods, biologics and genetic therapies and assisted human reproduction technologies.

Canadian Environmental Protection Act, 1999 (CEPA 1999)

The Canadian Environmental Protection Act, 1999 (CEPA 1999) is implemented by both Health Canada and Environment Canada when it comes to regulating new biotechnology-derived products to ensure the safety of the health and environment of Canadians.

The CEPA 1999, which may also cover the pharmaceutical products governed by the F&DA, mandates the regulation of new biotechnology substances, and toxic substances before and after any of these substances or products are registered, licensed, or released commercially.

First, this is done through risk pre-assessments of the substances’ potential health risks and environmental impacts before its manufacturing, or importation. If results perceive that the new biotechnology-derived product may pose such risks, Health Canada would take preventive action by imposing controls on the manufacture, import, use, release, and/or disposal of the product. The most drastic measure is that the said substance or product may be banned.

Second, after its release to the public or during the post-market stage, Health Canada is also empowered to monitor and track these biotechnology-derived product, or even its by-products.

Interested to know more about the field of life sciences law and its governmental regulations? Consult with a Lexpert Ranked life sciences & health lawyer below.

Best Commercial insurance lawyers for litigation in Canada as ranked by Lexpert

The practice area of commercial insurance lawyers that work on litigation is generally understood to comprise the provision of advice and representation, whether by way of negotiation, judicial proceedings, alternative dispute resolution, mediation or arbitration, in all matters relating to liability and coverage disputes regarding commercial general liability (CGL), all risks, property and other such cover between insurers, insureds, reinsurers, excess insurers, intermediaries, special risks underwriters and insurance mutuals.

Special aspects of commercial cover, such as product liability, and other classes of cover such as automobile, fidelity, surety, marine, aviation, professional liability and directors' and officers' liability are dealt with in the following Sections of the Lexpert Directory:

• Aviation regulation lawyers
• Construction lawyers
• Medical negligence lawyers
• Personal injury lawyers
• Professional liability lawyers
• Maritime & shipping lawyers

What is commercial insurance litigation?

Commercial Insurance

Commercial insurance plans are insurance plans written or issued by an insurance company (insurer) on the assets, properties, and workers of a business (insured) when damage occurs brought on by an accident, loss, fortuitous event, or any other causes as stipulated by both parties in the insurance policy or contract.

Types of Commercial Insurance

There are many types of commercial insurance, and it does not hurt to consult with a commercial insurance lawyer to determine the most applicable one for a certain business before entering one. The common types are:

Commercial Property Insurance

Where real and movable properties of a business are being insured. These properties do not only include the commercial building, but also the business’s other assets, such as machinery, equipment, inventory, or tools. Insurance policies or contracts may usually cover the repair or replacement of these properties.

Commercial Auto Insurance

When a business is primarily engaged in transportation of goods or persons, and whose main assets are a significant number of vehicles, business owners tend to insure the vehicles and their employees through a commercial auto insurance.

The coverage of a commercial auto insurance depends on the specific policy, the mandatory coverage as provided by some provincial statutes, and whose party is at fault. Generally, it may include the repairs or regular maintenance of vehicles, third-party liability, accident coverage, and direct compensation.

Commercial General Liability (CGL)

This type of insurance covers liabilities, such as any damage or injury, that a company will incur arising from accidents or losses during the course of its business operations. Whether the accident which caused the liability happened within or outside the business premises, include the damages caused by the company’s products, or include the cost of actual and/or cost litigation would depend on the written insurance policy.

Errors and Omissions (E&O) Insurance

This may also be referred to as worker’s compensation insurance, professional liability insurance, or malpractice insurance (for professionals like doctors, accountants, or lawyers), an E&O insurance protects businesses or professionals from the various liabilities or negative consequences arising from the conduct of services of the said business or professional. The cause of liability may include employee’s negligence, misconduct, improper product advice, or breach of contracts in delivering goods or providing services.

If your need for a lawyer falls under this, you may want to see our practice area pages for:

• Workers compensation lawyers
• Professional liability lawyers
• Medical negligence lawyers

Commercial Insurance Litigation

Litigation for commercial insurance plans or policies are court actions which may be commenced either by the insured against the insurer; the insurer against the insured; the insurer against the reinsurer; or even the third party either against the insurer or the insured. A commercial insurance lawyer may represent either party in these litigations and guide them as to appropriate remedy that they may pursue.

What is the litigation process in Canada?

Litigation, in general

The litigation process in Canada starts when a case is filed before the lower courts, by filing of the pleading of a plaintiff, to be answered by the pleading of the defendant. After which, parties use the modes of discovery, obligating each party to disclose all documents in their possession necessary for the case. Trial ensues, which includes oral arguments, and the presentation of evidence and witnesses. Lastly, judgment is rendered based on the totality of all these submissions, including the initiatory pleadings.

When a party is unsatisfied with the judgment of the lower court, it may be appealed to the Federal Court of Appeal, or to the provincial or territorial Court of Appeal. If again the decision of the appellate court is adverse to the appellant, said party may appeal to the Supreme Court of Canada, who renders final adjudication on the case presented.

Can I sue an insurance company in Canada?

In suing an insurance company (the insurer), it is recommended to seek the advice of a commercial insurance lawyer to help guide the insured company or individuals in the process of court litigations.

Before proceeding to litigation, and depending on the arbitration or mediation clauses in the insurance contract or policy entered, an alternative dispute resolution (ADR) may first be used. If the contact provides for a mediation clause, a commercial insurance lawyer may represent the insured before the insurer to come up with an amicable settlement between the parties. If it’s an arbitration clause, then the dispute will be submitted to an arbitral proceeding, where the commercial insurance lawyer will try to obtain a favourable award for the insured party.

If any ADR method fails, or the arbitral award is not favourable to either the insured or the insurer, a court action may be resorted to with the assistance of a commercial insurance lawyer.

Actions Against the Insurer

Generally, an action against the insurer by the insured would depend on the provincial or territorial laws on insurance companies or its laws on contracts, coupled with the federal insurance laws and regulations. However, a common cause would be the breach of contract by the insurer, which may give rise to the following actions:

• Actual or compensatory damages
• Damages for mental distress
• Aggravated damages
• Punitive damages

Actions Against the Insured

On the other hand, an insurer may also proceed against the insured, whenever there’s breach of insurance contract (same as above), or in cases where the insured has misrepresented itself, or has acted in bad faith. The insurer may avail of the following remedies against the insurer:

• Rescission of the contract
• Compensatory damages
• Punitive damages

With the complications on the applicability of either the provincial or federal statute, in relation to the kind of action, a commercial insurance lawyer may assist clients in determining a more appropriate course to be followed.

How is the insurance industry regulated in Canada?

The insurance industry is regulated in Canada both by federal, and provincial and territorial laws and regulations. The federal government is concerned with the prudential regulation of insurance companies, while the provincial and territorial governments monitor the conduct of business of these insurance companies, such as meeting their financial obligations to their insured companies, etc.

Insurance Companies Act

The Insurance Companies Act regulates the incorporation of insurance and reinsurance companies at the federal level. In resolving issues before proceeding to litigation, the Act obligates these companies to establish procedures in addressing complaints from their insured members. Under the Act, insurers and reinsurers are also prohibited from engaging in businesses not related to financial or insurance services.

The mandate of the Act is carried out by the Office of the Superintendent of Financial Institutions (OSFI), which regulates the solvency and financial soundness of insurers and reinsurers. In addition, provincial and territorial regulators called the Superintendents of Insurance, who in turn regulates the products and market conduct of these insurers and reinsurers.

Want to know more about your rights and remedies available to you under the law, either as an insurer or an insured? See below for the best commercial insurance lawyer in your area as ranked by Lexpert.

Corporate Commercial Litigation comprises the provision of advice and representation, whether by way of negotiation, civil proceedings, alternative dispute resolution, mediation or arbitration, in all matters relating to the breach of or disputes regarding commercial contracts; purchase and sale of assets, equipment or other lease agreements; banking and financing litigation including secured/unsecured enforcement and recovery, multi-party creditor disputes, asset recovery and tracing, and disputes regarding various security, financing or trade instruments such as guarantees, bonds and letters of credit; disputes respecting various forms of business organizations such as shareholder agreements, joint ventures, partnerships, distribution, agency and other such agreements; and other such matters.

Please note that the Lexpert Directory has separate sections for AVIATION (REGULATION & LIABILITY), LITIGATION – CLASS ACTION, LITIGATION – COMMERCIAL INSURANCE, COMPETITION LAW, CONSTRUCTION LAW, LITIGATION – SECURITIES and LITIGATION – CORPORATE TAX.

Best Corporate tax litigation lawyers in Canada as ranked by Lexpert

The practice area of corporate tax litigation lawyers is generally understood to include disputes involving tax planning or estates/trust structures for high net worth individuals; disputes between various levels of governments as to proper tax jurisdiction or challenges to the exercise of purported tax jurisdictions; disputes involving particular types of tax such as GST, withholding, etc; disputes regarding proper taxation of commercial transactions or agreements; disputes regarding taxation of particular corporate structures, reorganizations, etc; disputes regarding particular financing transactions or financial instruments; disputes regarding taxation of particular industries such as real estate, natural resources, etc; international tax disputes with respect to matters such as transfer pricing; and other such matters.

Please note that there are separate sections in the Lexpert Directory for:

• Commodity tax and customs lawyers
• Corporate tax lawyers
• Personal tax and estate planning lawyers

What is the corporate tax law in Canada?

Corporate Tax

Under taxation laws, taxes may come in many forms – such as income tax, property tax, or sales tax, among others. This may also depend in each country, such as the rates it imposes, the manner of collection, and the due date of every kind of tax which is the most important.

As one of the many forms of tax, corporate tax is generally the tax levied on the net profits of a business, company, or corporation. Although there may be certain corporate income that are tax-exempt, corporate tax may be based on a corporation’s taxable income after deducting administrative and operational costs, along with other costs. Corporate tax litigation lawyers are especially attuned to this legislation.

Corporate Tax in Canada

Corporate income tax is regulated by the Canadian Revenue Agency (CRA), the federal agency tasked with tax collection and enforcement of Canadian tax laws. For corporate tax, the governing law would be the Income Tax Act. The application of the Act and its tax rates are best explained by a corporate tax litigation lawyer, but a short overview is provided below.

According to the Act, all Canadian resident corporations, including non-profit, tax-exempt, and inactive organisations, must file their corporate income tax return every tax year. This also applies even though, based on their computation, a corporation does not have payable income tax. The only exempted corporations are specific Crown corporations, Hutterite colonies, and registered charity organisations. Although income tax returns may be filed either personally before the CRA or online, corporations are required to file it online if their annual gross income exceeds $1 million.

The federal rates of corporate income tax is generally 38%, which is reduced to 28% should the federal tax abatement apply, or 15% after general tax reduction. However, if the corporation avails of the small business deduction (SBD), the net tax rate would now be at 9%.

As for the provincial or territorial income tax rates, corporations may be levied either the lower rate or the higher rate – the former applies to SBDs and the latter applies to all other businesses. You can speak with a corporate tax litigation lawyer for more help with this.

Are you personally liable for corporation tax in Canada?

Generally, corporate income taxes are paid by and is the responsibility of corporations. It is separate from the shareholders’ personal income taxes and other taxes. An exception of this rule is the principle of Directors’ Liability, where there are certain circumstances that a director or a shareholder will be held liable for any tax debts that the corporation has incurred.

First is when the corporation did not remit the Goods and Services Tax (GST) and/or the Harmonized Sales Tax (HST) it has collected on the sale of its products or services. Here, it will be accounted by the CRA upon the shareholders or the directors. Second is when the corporation did not remit the employee source deductions to the CRA. Some examples of these employee source deductions are Canada Pension Plan contributions; employment insurance premiums; federal income taxes; and provincial and territorial income taxes.

The reason behind the Directors’ Liability principle is that the shareholders or directors are the ultimate persons responsible for checking that the corporation complies in good faith with the tax liabilities imposed by the government upon it. As the top executives of the corporation, they must regularly update with the corporate officers on any tax liability of the corporation.

However, the said principle is not absolute. An exception to the principle is that the action against shareholders or directors prescribes after two years. After said period, the CRA may not hold the shareholders or the directors for these tax liabilities anymore. Another exception is when it can be shown by the shareholders or directors by convincing evidence that they have complied with the GST/HST and employee source deductions remittances. When actions are taken against said shareholders, directors, or corporation commences, corporate tax litigation lawyers may assist clients in establishing such compliance to extinguish their liability.

How do you resolve a tax dispute?

A tax dispute arising out of a tax assessment or determination is best handled by the professionals – one of whom are the corporate tax litigation lawyers. In resolving tax disputes, they would have to be in close coordination with the CRA for all matters which may still be addressed by negotiating and presenting the case before the Agency, before proceeding to litigation.

Most common examples of tax disputes are:

• Transfer pricing
• Violations of General Anti-Avoidance Rules (GAAR)
• Third-party penalties
  • intentional conduct
  • over-valuation in tax shelter
  • false statements
  • indifference as to compliance
  • wilful, reckless, or wanton disregard of the law

It is also worthy to note that not all tax assessments or determinations may be objected before the CRA, hence there is a need to check with a corporate tax litigation lawyer if such tax dispute may be raised before the CRA or not.

Period

For corporations, tax objections or tax disputes before the CRA must be filed within 90 days (which is different for personal taxes). However, time extensions may be granted if the cause of the delay was a prior dispute still before the CRA. If the request for extension was denied by the Agency, it may be appealed to the Tax Court of Canada within 90 days after the receipt of the CRA’s decision. Since these periods are jurisdictional and mandatory, coordination with a corporate tax litigation lawyer would be of great help when filing tax disputes occur.

Appeal

Any unfavourable decision of the CRA on a corporate tax dispute may be appealed to the Tax Court of Canada. Said appeal must be filed 90 days after receipt of the decision of the CRA that is being appealed.

After the Tax Court of Canda, any adverse decision of the said Tax Court may be appealed to the Federal Court of Appeal, which must be filed after 30 days of the receipt of the Tax Court’s decision.

The court of last resort for the corporate tax disputes would be the Supreme Court of Canada, where decisions of the Federal Court of Appeal may be appealed to. However, the Supreme Court’s permission (or leave of court) is needed by filing an application within 60 days from the receipt of the Federal Court of Appeal’s decision.

When cases are brought to the courts of higher jurisdictions, corporate tax litigation lawyers can provide additional guidance to appellants as tax battles may have a lengthier and difficult process at these late stages of tax disputes.

Want to learn more about corporate taxes? Talk with any of the best corporate tax litigation lawyers by heading down below to see our Lexpert Ranked lawyers.

Best Defamation lawyer for media litigation as ranked by Lexpert

A Defamation lawyers working in Media Litigation is generally understood to encompass print, television, Internet or radio media counsel, administrative or trial work such as pre-publication advice and copy clearing including libel reading, copyright, trade libel, invasion of privacy, breach of confidence, access under the various freedom of information statutes, freedom of expression/commercial free speech and other Charter of Rights and Freedoms issues, responding to subpoenas and search warrants against the media, contempt of court, publication bans, libel, slander and related tort litigation, and publishing and broadcasting contractual issues.

Please note that the Lexpert Directory has separate sections for:

• Marketing and advertising lawyers
• Entertainment lawyers
• Intellectual property lawyers
• Telecommunications lawyers

What does a media litigation and defamation lawyer do?

While a defamation lawyer would concentrate on the institution of criminal actions on defamatory libel and/or civil actions for damages against mass media companies or private individuals who allegedly commits such crime or in their defense when hired by the defendant, they also do legal practice outside the courts.

On preventing a possible defamatory libel case to be filed against them, a defamation lawyer may do legal pre-publication review, sometimes called vetting, for these mass media corporations to proofread their materials if such are at risk of being labelled as defamatory. A defamation lawyer may also provide legal advises on journalists, publishers, writers, or authors on how to balance the exercise of the freedom of the press without circumventing the law on defamation.

What qualifies as defamation in Canada?

The Constitution Act, 1982 of Canada, specifically under Section 2(b) of the Canadian Charter of Rights and Freedoms, provides that citizens enjoy the “freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication”.

In this single sentence alone arises multiple freedoms that Canadians enjoy, namely – the freedom of expression, and freedom of the press. As an important aspect of democracy, citizens should be able to speak freely of their views, opinions, and ideas, and to widely express these in public. Corollary, the press and media are important tools in expressing these views, opinions, and ideas; hence, the freedom of the press and other media is also protected by the Constitution.

These twin freedoms are of great value especially when public matters are involved, such as conversations on public policies, criticisms of the government, and offering of solutions by the citizens on public issues.

However, similar with all other fundamentally protected freedoms granted to anyone – either by the Constitution or by statute – it is not absolute and may be limited by the Constitution itself either through the enactment of laws by the legislative, the promulgation of administrative policies when validly exercised by the executive, or by case law or common law. This limitations rests on the basic legal principle that the interests and the protection of the public is much more important than the exercise of basic freedoms of an individual.

Where defamation lawyers come in

Thus, one of the limitations on the freedom of expression and freedom of the press is defamation. The courts are tasked of striking a balance between these freedoms versus the prosecution of defamation. Since Canada is majorly a common law country (except for Quebec which has its own Civil Code), this role of the courts in setting these precedents are highly contentious, when it must carefully prevent a “libel chill” from existing, while still being able to punish libelous and malicious publications.

Defamation lawyers, whose main legal practice revolves around instituting court actions against or in the defense of persons or institutions who allegedly committed defamation, also applies constitutional law in their legal practice, since defamation is intimately connected with the constitutionally instituted freedom of the press and freedom of expression.

Defamation in Canada

Generally, defamation is the act of publicly releasing or communicating false, malicious, or impartial information or statements against another person. This may be done through various media, such as print, radio, and television, with the recent inclusion of the online platform. Its conventional forms are libel and slander – libel is printed defamatory statements, caricatures, or images; while slander is spoken defamation.

The specific crime of defamatory libel in Canada is defined in the Criminal Code under Section 298(1) as a published matter that is damaging to a person by inciting or exposing that said person to hatred, contempt, ridicule, or insult. Such act under the Code should be without lawful justification or excuse on the part of the publisher.

Elements of Defamatory Libel

To institute an action for defamatory libel, the following requisites or elements must be established by the plaintiff and their defamation lawyer by presenting convincing evidence according to each:

1. that the published matter is defamatory in nature when read or interpreted by a reasonable or “right thinking” person;

2. that the defamatory published material is attributable to the plaintiff, such that it can be identified to be targeting the plaintiff; and

3. that the defamatory published material is made available to the public, or communicated to more than one person, other than the plaintiff.

In addition, the plaintiff and the defamation lawyer must also prove that there has been no consent from the plaintiff for the violator to publish such defamatory material; that there was material injury to the plaintiff (and not just hurt feelings); and that there was actual malice on the part of the violator.

When pictures or caricatures are used, it must also be read in the context of the whole publication and must be understood in the perspective of a reasonable person to identify whether it is defamatory.

Does the media have a qualified privilege in defamation cases?

When the mass media, such as publishers (newspapers, books, etc.), television companies, or radio stations, are charged with the crime of defamation, various defences are available to them via the best defamation lawyers. Among those is qualified privilege, or absolute privilege. These two are applicable in different scenarios, and the differentiation would be best explained by a defamation lawyer. Below are some of its highlights:

Qualified Privilege

Case law provides that a qualified privilege against defamatory libel occurs when the defendant either has (1) an interest or (2) a duty to communicate the “defamatory” document or material to a person who also has the same duty to receive such document or material. However, there are exceptions to the rule on qualified privilege, such as malicious intent on the part of the defendant, or when the defendant exceeded the authority granted to them.

Absolute Privilege

Still based on case law, the defense of absolute privilege against defamatory libel applies when the “defamatory” document or material is communicated during (1) a judicial or quasi-judicial proceeding, (2) parliamentary proceedings, or (3) between government officials with regards to official state business.

Who regulates media in Canada?

The government entity which regulates the media in Canada is the Canadian Radio-television and Telecommunications Commission (CRTC). The CRTC is the administrative tribunal – hence, it is also a quasi-judicial body – which regulates the broadcasting and telecommunications sector in Canada.

Interested to use the services of a defamation lawyer? Scroll down to view the best defamation and media litigation lawyers in your area that are Lexpert Ranked.

Best Corporate litigation lawyers in Canada as ranked by Lexpert

Directors' & Officers' Liability and corporate litigation lawyers comprise the provision of advice and representation, whether by way of counsel, negotiation, judicial proceedings, or various forms of alternative dispute resolution, to corporations, directors and officers, and insurers on directors' and officers' liability, indemnity and insurance options, corporate governance obligations and risk management strategies.

Practitioners familiar with the statutory, common law, and ethical obligations as applied to directors and officers are especially called upon to provide advice for significant corporate events such as mergers and acquisitions, corporate restructurings and insolvencies, ongoing business operations, and litigation.

When can a director or an officer (D&O) be held personally liable in Canada?

A general rule in corporate law states that a corporate director or officer (D&O) will not be held personally liable for any act of a corporation. This is based on the corporate law principle that a corporation is a juridical entity created by law which is separate from its shareholders, directors, officers, etc. However, there are a few exceptions to this general rule, especially when the corporation or a third-party suffers damages due to that act of the D&O.

When a case is filed against a director or an officer because of a crime or breach of any obligation imposed on them, a corporate litigation lawyer can either assist any of the parties – the corporation as the plaintiff, or the director or officer as a defendant. To prevent this from occurring, a corporate litigation lawyer may also provide legal advice to the corporation and their D&O so that they would be properly informed of their duties and the prohibited acts under different laws.

Some of the common circumstances for a D&O to become personally liable are the following:

Acting in Personal Capacity

A common reason for the personal liability of corporate directors and officers is when they act in their personal capacity or in their personal interests, and not in their official function as a director or officer. Here, the corporation is absolved for the personal acts of its D&O, and the latter will be solely and personally responsible for any damage, injury, or financial obligation resulting from the said act.

An example of this is when third parties are left to believe that they are transacting with the director or officer as an individual person, and not as a representative of a corporation. Another circumstance is when a D&O has exceeded their scope of authority granted to them by the corporation. In this light, when an agent of the said D&O has acted beyond the scope given by them to the said agent, the director or officer would be jointly liable for any injury caused by the act of the agent.

Breach of Duty of Care

According to Section 112 of the Canada Business Corporations Act, directors and officers have a duty of care to the corporation in the exercise of their powers and in the discharge of their duties. It further states that they must act with honesty and in good faith, with the best interest of the corporation in mind (and not their personal interests), and exercise due diligence that of a prudent person in comparable circumstances.

In Section 112(3), it is explicitly stated that no provision on a corporation’s articles and by-laws, or any contract, can exculpate, minimise, or release the directors from liability when there’s a breach in their duty of care imposed by the Act. Hence, a director violating this duty of care will be personally liable for any loss that the corporation may suffer because of such violation.

Section 115(3) of the Act also provides for the limitations on the authority of a managing director in the exercise of his/her duties. Also, Section 118(1) and (2) provide for a director’s liability in relation to corporate shares, commissions, and payment of a dividend or indemnity that is in contravention of the standards set by the Act. If such director violates any of these provisions, he/she will be personally liable before the corporation and will be obliged to return or pay the corporation of the amount that it suffered due to that act.

Breach of Fiduciary Duty

In connection with the obligation of a director or officer to comply with their duty of care, they are also required to act according to their fiduciary duty to the corporation. This fiduciary duty obligates the D&Os to maintain confidentiality of any sensitive information or matter they have acquired as a result of their position. It also mandates the D&Os to avoid any conflict of interest between their personal interest and that of the corporation.

Should there be a possible conflict of interest, the D&O concerned is required to disclose it in a timely manner. Breach of this fiduciary duty puts the D&O to be personally liable for any loss the corporation suffers due to such breach.

Breach of Financial Obligations

A director or officer would also be personally liable if – deliberately or negligently – a corporation they serve has not been able to remit to the Canada Revenue Agency (CRA) its mandatory financial obligations, and the CRA is unable to recover said financial obligations from the corporation.

These financial obligations are the income taxes, goods and services tax (GST) remittances, and Employment Insurance or the Canada Pension Plan remittances, which includes the failure to deduct from its employees these insurance or pension plan payments.

Whe a D&O will want a corporate litigation lawyer

A D&O may check with a corporate litigation lawyer for specific defenses depending on the circumstances of their case. But a common defense for a D&O is the exercise of good faith in the exercise of the duties imposed on them by the corporation and by law.

What does directors and officers (D&O) insurance liability cover?

Under Section 124(6) of the Canada Business Corporations Act, a corporation may provide for a D&O insurance for the benefit of its directors or officers, or even for its former directors or officers, to protect said D&Os from any liability arising out of their official conduct as a corporate D&O. This insurance is used when said D&Os are being personally sued either by the corporate employees, its vendors, competitors, or even their co-D&Os.

Generally, a D&O insurance will cover trial costs, settlements, and other costs. An exception of this insurance policy are illegal acts conducted by the D&O.

When a corporation uses a D&O insurance policy, a corporate litigation lawyer may be consulted to explain such insurance policy, including its subject matter and amounts covered, especially when one is a contract of adhesion.

In need of a corporate litigation lawyer, either as a corporation to institute a court against a D&O, or as a D&O who has been held personally liable? Scroll down below to see a list of the best corporate litigation lawyers in Canada who have achieved Lexpert Ranked status.

Best Intellectual property litigation lawyers in Canada as ranked by Lexpert

Intellectual Property Litigation lawyers are generally understood to comprise the provision of advice and representation, whether by way of negotiation, judicial proceedings, alternative dispute resolution, mediation or arbitration, in all matters relating to contentious proceedings (either administrative before federal officials or tribunals or judicial before federal or other courts) involving rights respecting patents, trademarks, official marks, copyright, moral rights, industrial designs, brand names, trade dress, personality rights, trade secrets, data protection, etc.; urgent interlocutory applications including injunctions, “Anton Piller” orders, etc. respecting alleged infringement of intellectual property rights, etc.; international intellectual property litigation; and other such matters.

Please note that the Lexpert Directory has separate practice area pages for:

• Intellectual Property lawyers
• Computer and IT lawyers

What do intellectual property litigation lawyers do?

An intellectual property litigation lawyer – or IP litigation lawyer – may be distinguished from an IP lawyer in the sense that the former may concentrate with court actions and alternative dispute resolutions for IP rights violations, while the latter focuses on the registration of IP rights before the CIPO. However, there may be instances where an IP litigation lawyer would also render services provided by an IP lawyer.

Once an IP has been successfully registered, an IP litigation lawyer is an author’s or inventor’s first person to go to for advice on the available remedies that they may take on. Initially, amicable settlement through the different modes of alternative dispute resolution (ADR) such as negotiations, mediations, or arbitration may ensue, which may be held through ad hoc proceedings, or through the guidance of the CIPO or other ADR institution. In an ADR proceeding, an IP litigation lawyer represents the said author or inventor who will ensure that any amicable settlement or arbitration award is favourable to the complaining author or inventor.

Although the main work of an IP litigation lawyer is in the courtroom, most of the work is done outside the court, i.e., drafting pleadings and other documentary submissions for a court action. However, an IP litigation lawyer will usually proceed to litigation, or court appeals, only when ADR proceedings and other administrative remedies have been exhaustively availed of.

What is considered intellectual property in Canada?

Intellectual Property (IP) is an original creation, concept, or material made by a person or a juridical entity – who may be referred to as the inventor, creator, or maker. Once an IP is registered under specific laws of a country and/or according to international conventions on IP registration, it is entitled to protection under the law against any infringement. An infringement occurs when there is an illegal or unconsented use, reproduction, or commercial distribution of an IP.

What are the 5 types of Canadian intellectual property?

The five types of intellectual property under the Canadian jurisdiction are:

1. Patents
2. Industrial Designs
3. Trademarks
4. Copyright
5. Trade Secrets

Does intellectual property have legal protections in Canada?

Intellectual property law or IP law in Canada is distributed among the five types of intellectual property. In other words, each type of IP has its own legislation which contains the provisions on specific definition to consider a material as an IP under the said type, the process of its registration, its proper usage, grounds for infringement, and remedies of a person or juridical entity claiming ownership of the said IP.

Although, general laws on property (personal and real property) may constructively or alternatively applied in some jurisdictions in the absence of specific IP laws.

1: Patents

Patents in Canada are governed by the Patent Act. Under the Act, when a patent is granted by the government to an inventor on their creation or invention, it provides for the right of an inventor to enjoin other persons or entities from using the said creation or invention.

This protection is valid for a maximum of 20 years and is based on “first applicant” regime. The Act provides that actions for infringement and damages may be filed either before the federal courts or the provincial courts, as the two courts have concurrent jurisdiction over patent infringements. The said remedy must be filed within 6 years to prevent the action from prescribing.

2: Industrial Designs

The Canadian legislation which governs this type of IP is the Industrial Design Act. The Act defines an industrial design as a visible feature on a finished article, such as a distinctive new product. When an industrial design is registered, it grants the designer or proprietor the exclusive rights on its usage for up to 10 years.

The designer or proprietor may also license other persons or entities (called licensee) for its use or commercial distribution. In addition, the said designer or proprietor may also sell the industrial design or use them as a security for any financial obligation. When infringement of an industrial design occurs, a proprietor or a licensee may file for an action of infringement and damages either before a provincial or a federal court, with the federal court having exclusive jurisdiction on a proceeding for rectification and alteration.

3: Trademarks

The federal law protecting Canadian trademarks is the Trademarks Act. A trademark may either be a:

1. sign, or a combination of signs, words, phrases, symbols, or designs used to identify and distinguish goods or services from others, or;
2.  a certification mark.

When a trademark is registered, the registrant acquires the sole right to use the trademark in Canada for a period of 10 years, which may be renewed after that. The federal court has jurisdiction over actions on the illegal use, sale or distribution of a product under a registered trademark, which must be instituted by the offended party within 2 years from the discovery of such illegal act/s.

4: Copyright

When an author or artist creates any kind of artistic work, such as books, films, musical compositions, paintings, among others, this creation is protected from being reproduced or copied without the consent of the said author or artist. This is right is called a copyright, and when granted to another person, it gives them the right to legally copy or reproduce an author’s or artist’s original work.

Generally, said works are automatically protected during the lifetime of the author or artist, and until 70 years after the author’s death. However, for formal registrations and sanctions on infringement in Canada, the governing law is the Copyright Act.

Any copyright infringement, subject to exceptions under Section 29, may be a subject of a civil action (Section 34) for injunction and damages, or a criminal action (Section 42). The federal courts and provincial courts both have concurrent jurisdiction on the said civil and criminal action. However, both actions differ on its prescriptive period – civil actions must be commenced within three years from the occurrence of the act complained of; while criminal actions must be filed within two years from the discovery of the infringement.

5: Trade Secrets

A trade secret is information, or a collection thereof, which is vital to one’s conduct of profitable business by giving a market advantage to its owner in keeping its product or services unique and be preferred over its competitors. It may be a formula or recipe; an industrial method or technique or process; an IT program or source code; or any other data, such as marketing plans, list of clients, or research data, among others.

Currently, there is no federal law governing trade secrets, hence, there is no formal registration process for it. Nevertheless, other laws may still be applied to protect trade secrets, which also provides remedies against persons who disclosed such information. Section 391 of Canada’s Criminal Code defines trade secrets and punishes persons disclosing such secret, including the person who has prior knowledge of its illegal acquisition and thereafter discloses it.

Additionally, the owner of a trade secret may also apply for a court injunction to prevent the person who illegally obtained a trade secret from further disclosing such information. Other provincial-specific laws may also be resorted to in consultation of a trade secrets lawyer for the appropriate action to pursue.

Prevention is still the best way to protect trade secrets. Through the help of a trade secrets lawyer, employers may draft non-disclosure agreements (NDAs), or include confidentiality clauses in employment contracts, which employees need to sign before they may be officially hired.

Who regulates intellectual property in Canada?

The regulating body for IP laws in Canada is the Canadian Intellectual Property Office (CIPO), which enforces the laws mentioned above, and caters to the registration governing each type of IP.

Interested in filing a case for IP infringement? Head down below for a list of the best intellectual property litigation lawyers in Canada as ranked by Lexpert to further guide you on your case.

Best product liability lawyers for litigation in Canada as ranked by Lexpert

Product Liability lawyers working on litigation are generally understood to encompass representation of product designers, suppliers, manufacturers, wholesalers, distributors, retailers, end users (including both corporations and individuals) and their respective insurers in civil proceedings alleging personal injury or economic loss resulting from alleged defects in the manufacturing or design of a product, or failure to warn of dangers inherent in the use of a product.

It also encompasses advising manufacturers and others within the distribution chain on advertising, marketing, regulatory and recall requirements related to their products.

Please note that the Lexpert directory has separate practice area pages for:

• Intellectual property lawyers
• Personal injury lawyers
• Professional liability lawyers
• Class action lawyers

What is product liability law in Canada?

Product Liability

When consumers buy products, and if they are unsatisfied with the products, or if it is defective, or if personal or property injury or damage was caused by the product, the seller, distributor, or manufacturer may be held liable under product liability.

Hence, court actions may be instituted by the plaintiff (the injured customer or customer) against the defendant (the seller, distributor, or manufacturer) where either party may be represented by a product liability lawyer.

These specialised lawyers concentrate on pursuing litigations, which would include advising the plaintiff on their possible claims or advising the defendant on the possible defenses, representing them before the court, and the preparation of pleading and other court documents.

Kinds of Defects

There are different kinds of defects where product liability may arise. As a plaintiff in a litigation, the specific defect/s must be proven by convincing evidence, and a product liability lawyer can help in preparing the evidence to support such cases.

The following kinds of defects are:

Defects in Design

Defects in design are flaws of the product design or its specifications itself. These defects occur during the product planning by its creators and before manufacturing or the mass-production of the said product. As a plaintiff, it must be established that the design could have been altered to minimise or totally prevent an injury or damage from happening by using the product.

Manufacturing Defects

While defects in design are defects before the production of the product, manufacturing defects, on the other hand, manifests after the production. Defects in manufacturing may result when a product is manufactured not in accordance with the industrial standards due to human or mechanical error or negligence. Here, it must be shown that the design or specification of a normal-functioning product is not at par with the product that was bought by the consumer-plaintiff.

Marketing Defects

Generally, marketing defects occur during the selling and marketing of the defective products. It comes on different forms, such as a (1) breach of warranty, and (2) warning defects. When alleged, the plaintiff must establish that there was deception on the part of the seller or distributor, and the injury or damage was caused by such deception.

• 1. Breach of Warranty: There is a breach of warranty of goods when a customer would not have bought the defective product unless the seller has directly or implicitly misrepresented or wrongfully promised of the product being defect-free. Bad faith must be proven in this case, which may even extend to malice and fraud on the part of the seller.
• 2. Warning Defects: When there is a mislabelling or a lack of appropriate safety warning or instructions on the proper use of a product, the plaintiff may sue the seller or manufacturer based on a warning defect. As such, plaintiffs must show that there were either no safety warning or instructions on the product, or if there were, that it was insufficient and following it still caused injury or damage.

The laws pertaining to product liability lawyers in Canada

Product liability laws ensure that the products commercially marketed in Canada meet the statutory safety standards accordingly set for each product, and that consumers who suffered injuries or damages caused by the negligence of a seller, distributor, or manufacturer are properly compensated. In Canada, these laws may be found in common law on torts and damages, and in contracts for some instances. In Quebec the governing law is its Civil Code provisions on negligence and torts.

Therefore, as a plaintiff, it is important to refer to a product liability lawyer on the appropriate law, since other considerations would depend on it. However, there are some commonalities on these laws, such as the exclusion of intangible products that product liability may be sued upon, and that the standard of product liability will be based on the time that the product was released on the market and not at the time that the injury occurred.

Persons Responsible

In an action for recovery of damages, the following persons may be held liable and be named as the defendant:

• Product Owners

• Manufacturers or Production Companies (if separate from the Product Owner)

• Inspectors and Certifiers (either public or private entities)

• Sellers which include Importers, Wholesalers, Distributors, and Retailers

Civil Action

Commonly, when an injury occurs and a plaintiff will sue on the ground of product liability, a suggested course of action by a product liability lawyer would be a civil action for damages, sometimes called a tort case. In this case, the following requisites must be established by any supporting evidence:

• Defendant's duty of care to the plaintiff with regards to the product;

• Defendant's product was defective, unreasonably injurious, or dangerous;

• Defect is foreseeable and was already present before the plaintiff bought the product; and

• Defect of the product is the cause of or contributed to the injury of the plaintiff.

The said civil action may also be based on a contract, when a contract exists between the plaintiff and the defendant. Hence, the law on contracts will apply, in addition to what has been stipulated in the contract.

Notably, the recoverable general damages now have an amount limit, except for other kinds of damages, such as special damages, and non-punitive damages.

Criminal Action

In addition to a civil action, the penal clauses of the Hazardous Products Act, Food and Drugs Act, and the Consumer Packaging and Labelling Act may also be used to institute a criminal action against the defendant. In most cases, a criminal case must be instituted independently (or separately) from the civil action.

What is the limitation period for product liability in Canada?

According to the statute of limitations, an action for damages will prescribe if not filed within two years. As such, it is important to consult with a product liability lawyer to timely file the same.

How do you defend yourself from a product liability lawsuit?

A plaintiff in an action for damages based on product liability is not the only party that a product liability lawyer may represent – the defendant may also be assisted by a product liability lawyer. As such, the following are some of the possible defenses available to the defendant:

Exercise of Due Diligence

When the plaintiff alleges lack of due diligence, the defendant may rebut such allegation by presenting evidence that they have exercised due diligence in the design, production, manufacturing, and marketing of its products, according to the statutory standards set by the government bodies and its regulations. Defendant may also claim that the expected duty or diligence of the plaintiff is beyond what is reasonable based on industrial standards.

Assumption of Risk

Defendant may propose that the moment the plaintiff bought the product, they have already assumed all kinds of risk imposed on it, such as the possibility of being injured through its normal use. This is based on the principle that a reasonable person assumes the risk, when after having been properly informed of it, still bought the product.

Plaintiff’s Acts

The defendant may also reverse the situation – that the cause of the injury are the acts of the plaintiff themself and not by the product. It can be alleged that the plaintiff either modified the product, causing its defects, or that the plaintiff mishandled the product, or that the plaintiff used it in a manner other than for its original purpose.

Scroll down below for a list of the best Lexpert Ranked product liability lawyers in Canada, who are equally experienced in representing both plaintiffs and defendants alike.

Best Public law litigation lawyers in Canada as ranked by Lexpert

Regulatory and Public Law Litigation lawyers deal with all forms of litigation involving the actions of government and public regulatory authorities, and their impact on individuals and businesses. This includes many aspects of administrative law but also includes challenges under the Charter of Rights and Freedoms and proceedings before federal and provincial agencies and tribunals.

What are the areas of public law in Canada?

Public law generally governs the relationship between the state and its citizens. The law is largely based on the rights granted by the Constitution, specifically under the Charter of Rights and Freedoms, along with the statutes and legislations, and the regulations promulgated by the administrative agencies.

It is contrasted with private law, which deals with the relationships of a private person to another. Under private law is civil law which may also divided into the law on contracts, property law, family law, and torts and damages.

Public law, on the other hand, may be divided into the following:

Criminal Law

Criminal law legally defines crimes a person may commit through his acts or omissions, including the penalties for each crime, the action that may be instituted against an accused, and the procedure in instituting these criminal actions.

Constitutional Law

A country or a state’s Constitution is its highest law. Thus, constitutional law is the branch of law that deals with the interpretation (also called “construction” in legal terms) of the Constitution. In effect, it determines the roles of each public officer or position, the powers granted to them by the Constitution, and the rights and basic freedoms of the state’s citizens. It also construes the constitutionality of a law, determining whether a law passed by the legislature violates the Constitution.

Tax Law

Taxation or tax law provides for the procedures and the regulations on the manner of collection of taxes by the government. It also defines the sanctions that a private person or corporation may be imposed with for the violations of non-remittance of tax, and the procedures on appealing or resolving any tax disputes.

Administrative Law

Administrative law, which may also be referred to as regulatory law, refers to the branch of law that regulates the bureaucratic system under which a government runs to implement its mandate and to enforce the laws passed by the legislature, including the Constitutional provisions that needed execution.

Where public law litigation lawyers come in

Thus, litigations or court actions on these major areas of public law are handled by a public law litigation lawyer, sometimes referred to as regulatory law litigation lawyer, with a specific focus on administrative law or regulatory law.

Although, an area of public law may be practiced by a lawyer specialised in the said area (e.g., criminal law by a criminal law; taxation law by a taxation, corporate, or finance lawyer), the legal practice of a public law litigation lawyer may overarch with the other areas depending on the specific circumstance of a case (e.g., administrative law and criminal law relates with each other, for example, when a public officer is charged with a private offense or crime).

What is regulatory law in Canada?

Regulatory law or administrative law, as mentioned above, is the branch of law that deals with the system of the executive branch of the government in the implementation and execution (hence, it is called “executive” branch) of the substantive laws and procedural laws mandated by the Constitution and the laws itself.

In the exercise of its mandate on implementing the laws and the Constitution, under the regulatory or administrative law, a public office, government agency, or regulatory body, or a public officer must (or may) promulgate administrative rules and regulations.

How a public law litigation lawyers works

A public law litigation lawyer or a regulatory law litigation lawyer centers around this system of the executive branch, familiarising themself on the bureaucratic processes, the public officers (who may either be elected, appointed, or contracted), and the powers of the said public officers, in order to determine the legality of any act (such as passing a regulation), omission (in case of an inaction when the law mandates otherwise) of a public office, government agency, or regulatory body.

A particular office, agency, or regulatory body may also exercise quasi-judicial authority (which may be referred to as a “tribunal”), while exercising administrative functions. A quasi-judicial authority means that the said office, agency, or regulatory body may also adjudicate matters submitted to it, according to the rules on procedures that it will promulgate, and the jurisdiction on subject matters or issues that it may cover.

Here, a public law litigation lawyer or a regulatory law litigation lawyer represents clients before these tribunals – which may include providing advisory opinions and preparation of pleadings or other court submissions.

When an unfavourable decision is rendered by the concerned tribunal, a public law litigation lawyer presents to the client their other remedies, such as a reconsideration or an appeal. They may also look at whether the tribunal has not exceeded its authority or violated its jurisdictional mandate in promulgating its decision or during the conduct of the administrative proceedings. Notably, the rules in a court litigation will greatly differ from the rules of these tribunals, hence, a public law litigation lawyer, who has mastered these administrative rules, may be consulted with before proceeding with such case.

Canadian Regulatory or Administrative Law

The Canadian laws and its Constitution are primarily carried by the Governor in Council – the Prime Minister and the cabinet – including all federal and provincial governments, departments, and other agencies, thus forming the Canadian executive branch. Executive authority is vested in the Crown but is executed by the Governor in Council under the Crown’s and the people’s authority.

The Constitution Act, 1982

At the helm of all laws is The Constitution Act, 1987 – the Canadian Constitution, which is the highest law of the land, where all powers of all branches of the government (executive, legislative, judiciary) is distinctively defined, and where the rights of all citizens are embodied.

Democratic Principles

In the Guarantee of Rights and Freedoms of the Constitution, the democratic rights of the citizens are outlined, with a specific provision on the rights of the Indigenous peoples. These rights generally ensure the citizens of a democratic government, and provides for the protection of these rights.

However, as not all rights are absolute, the rights granted under the democratic principles of the Constitution are subject to the reasonable limitations under the law and when such limitations are justified in a free and democratic society.

Rule of Law

The principle of rule of law, emanating from the Constitution itself, mandates the equal treatment of all persons – private and public persons alike – in the implementation of the law. In relation to administrative or regulatory law, the rule of law provides that public institutions and officers must conduct themselves according to the law, and that they are equally held accountable for their acts and omissions. In effect, it protects citizens from any hasty, arbitrary or capricious act of the government.

A common issue in this field is whether an administrative regulation has exceeded the authority granted to it by the Constitution, or whether the rights of a private person has been violated by a governmental entity or any of its officer. Thus, a public law litigation lawyer assists the offended party in pursuing court actions to enforce their right, and/or to ask for damages suffered by them as a result of the said violation.

In need of assistance in pursuing a case against a government agency or officer? Below are a list of Lexpert Ranked public law litigation lawyers or regulatory law litigation lawyers to assist you in this endeavour.

Best Securities litigation lawyers in Canada as ranked by Lexpert

The practice area of securities litigation lawyers includes litigation and broader dispute resolution and settlement on issues including insider trading; oppression remedies; shareholder disputes generally; contested merger and acquisition bid and defence work; proxy contests; amalgamations, reorganizations and restructurings; corporate governance disputes; director, officer, issuer and investment dealer disclosure and liability matters; and other such non-compliance matters generally.

Please note that the Lexpert Directory contains separate sections for:

• Corporate commercial litigation lawyers
• Corporate finance and securities lawyers

What does a Securities Litigation Lawyer do?

A securities litigation lawyer provides a wide range of services to its clients, not only during litigation, but also even mediations and arbitrations which may occur before a litigation.

When issuers have, or is allegedly, misrepresented itself through the mandatory disclosures the law requires of them, civil actions for damages may be instituted in the form of investor class actions. Here, investors, as a class, sues the reporting issuer for any misrepresentations made either in the disclosure documents, such as in the prospectus, or in the other continuous disclosure of material changes as required by securities laws.

However, for Quebec, the governing law on misrepresentations would be its Civil Code. In a class suit, a securities litigation lawyer may represent either the investors as the plaintiffs, or the reporting issuers as a defending party.

There are also civil actions for damages that investors can institute individually, since class suits may not be a proper action for the determination of these damages. These claims for damages may be from negligent or fraudulent misrepresentations and breach of contract of reporting issuers. It is best to ask help from a securities litigation lawyer below to determine the best course of action for an investor (and even a defence for reporting issuers charged with such allegations).

Before, or as an alternative to litigation, a securities litigation lawyer may also assist clients either as a mediator, or an arbitrator, or as representatives or to provide legal assistance during mediation or arbitration proceeding.

Which law governs securities in Canada?

As of the moment, Canada has no federal law regulating securities and its sector. This specific task of securities regulation is under the jurisdiction of the provinces and territories. For example, in Ontario, the provincial securities regulating agency is the Ontario Securities Commission (OSC), whose mandate is derived from the Securities Commission Act, 2021. The OSC enforces several laws such as Ontario’s Securities Act, and Ontario’s Commodity Futures Act, along with the Regulations drawn based on these laws. Similarly, the other provinces and territories have the same set-up as to regulating the securities that is under their jurisdiction.

this is why it is important, when you look at the list of the best securities litigation lawyers in Canada below, that you choose one from the appropriate province for your needs.

What is the purpose of securities law in Canada?

Generally, the respective provincial and territorial securities laws have the same provisions as to regulating securities, and the purposes of which are to protect the public interest and investors from any improper practices; ensure stability of the securities sector; and, to penalise erring participants, such as those who violated the specific requirements imposed to them, those who engaged themselves in fraudulent transactions, or those who committed gross violations of these securities laws.

Below are some of the common provisions of these provincial and territorial securities law in Canada, among others.

Continuous Disclosure Obligations

Under the law, a reporting issuer is required to continuously and timely disclose obligations, and proxy solicitation and information circular requirements. For this requirement, a “reporting issuer” is commonly defined as an issuer who:

• has filed and obtained a receipt for a prospectus;
• has securities that are listed on a Canadian stock exchange;
• has filed and issued securities under a securities exchange take-over bid circular in relation to the acquisition of securities of a reporting issuer;
• has exchanged its securities with another issuer;
• has been holding securities of another reporting issuer, in connection with an amalgamation, merger, reorganization, or arrangement, among others.

This is addition to other impositions based on the specific industry or sector that the reporting issuer works under.

Requirements on Prospectus

A “prospectus” is a disclosure required by law which contains all information regarding the securities being offered, including about the issuer, their business, and other relevant information. This prospectus must be provided to each prospective investor. Hence, a prospectus must be filed with the appropriate securities commission or regulator and any issuance by an issuer of securities, or other trades in securities, must be made in accordance with the said prospectus.

In addition, the said issuance must be accompanied with a receipt, as evidence that the prospectus was reviewed by the securities commission or regulator.

How many securities regulators are there in Canada?

Because securities regulation is lodged under each of the Canadian provinces and territories, there are currently 13 securities regulators, or entities which have an equivalent authority, whose jurisdiction is limited to the province or territory it serves. The establishment of these securities regulators, including its powers and the specific provisions it must enforce, emanates from the securities law of these provinces and territories.

Through these securities laws, the securities regulators are also empowered to promulgate their own rules and regulations in the implementation of said securities laws. For example, under the Ontario’s Securities Act, various Regulations are enacted for its implementation.

Canadian Securities Administrators (CSA)

In lieu of a federal securities agency, the Canadian Securities Administrators (CSA) is a national organisation formed by all 13 securities regulators from the 10 provinces and 3 territories of Canada. However, the handling of complaints and enforcement of securities regulations are still with the provincial and territorial securities regulators, and the CSA works only to collaborate efforts among these regulators. In addition, the CSA releases annual reports on securities regulations available for the public.

“Passport” System

The CSA and its members, except for Ontario, adopted a “passport” system in a collaborative effort to provide market participants with an efficient and organised access to capital markets. These market participants referred to may be any of the public and private entities engaged in the business of issuing, regulating, recording, trading, storing, buying, or selling of securities.

Through the passport system, a market participant, even though they have only registered in the province or territory where they operate, would have access to other markets in the other provinces and territories. Although, for a market participant not registered in Ontario, it would have to access the resources provided by the Ontario Securities Commission (OSC).

Interested in pursuing litigation with regards to securities regulation? Consult with a securities litigation lawyer by scrolling down below to know more about the strength and the weaknesses of your case, and rest easy knowing that those below are all Lexpert Ranked.

Best Long-Term Disability lawyers in Canada as ranked by Lexpert

A Long-Term Disability lawyers practice area focuses on matters related to long- and short-term disability, critical illness, and life policies, usually offered by employers to employees and provided by an insurance company in case an employee cannot work due to injury or illness. These policies are also sold as private, individual policies where the policyholder pays the premium.

For example, self-employed professionals often purchase disability benefits coverage, critical illness and/or life policies directly from an insurance company. The representation of plaintiffs and insurers focuses on the settlement or litigation of insurance claim disputes. Practitioners must comprehend the interface of all provisions of unique insurance policies and consider the spectrum of disabling conditions or critical illnesses that include physical, psychological, cognitive, and autoimmune conditions and events.

This process must also integrate a full understanding of statutory and other contractual benefit and pension plans, taxation implications, and the overall question of entitlement to a one time, or ongoing benefit.

Please note that the Lexpert directory has separate practice areas for:

• Product liability litigation lawyers
• Medical negligence lawyers
• Occupational health and safety lawyers
• Personal injury lawyers
• Workers’ compensation lawyers

What qualifies for long-term disability in Canada?

When an employee or a worker becomes disabled for a long period of time – either permanently or temporarily – the said employee or worker may be qualified or a long-term disability (LTD) insurance policy, depending on certain considerations and its agreed terms and conditions between the employer and the insurance company, broker, or provider.

Here, a long-term disability lawyer may be able to assist any party to the LTD insurance policy, and during any of its stages, such as its preparation, its perfection or agreement, until its enforcement, and even in dispute resolutions and litigations as a result thereof. A long term disability lawyer would be able to help you determine your case.

Long-term disabilities

Generally, long-term disabilities (LTD) may include a wide range of sickness, disease, or injuries that may render a person or employee unable to work for a period of time. Said sickness or disease may be contracted or may have developed by the employee during their service for the employer, or because of the working conditions known or unknown to the employee. An injury which would render the employee disabled may also occur in or out of the work of the employee. These sickness or injuries may not only include physical ones, but also mental and psychological.

Some of these illnesses or injuries qualified as a long-term disability under a long-term disability insurance policy are:

• chronic pain
• mental health or psychological illnesses
• cardiovascular conditions or diseases
• neurological disorders or diseases
• respiratory conditions

However, there may be stipulations in the LTD insurance policy which limits the coverage or definition of a “long-term disability”, including other limitations with regards to the cause of the disability, the extent of injury, among others. Hence, it is important that both the employer and the employee are properly informed of the conditions of the LTD insurance policy, and any ambiguity or unclear provisions may be interpreted with the help of a long-term disability lawyer.

Long-Term Disability (LTD) Policies

A long-term disability policy – which may also be called as LTD policy (for short), life policy, or disability policy – is an insurance policy which grants the disabled employee a replacement for his/her income for the time that he/she was prevented from working due to the disability he/she suffers.

An LTD policy is usually a private engagement between the employer and the employee, where the monthly premium is usually paid off by the employer as part of the employee’s benefits, or otherwise deducted from the employee’s wage or salary. Although, there are public or government agencies which may also provide for LTD benefits, such as disability support programs in some provinces in Canada, or the Canada Pension Plan Disability Benefits.

Private LTD Policies

A private LTD policy is made through the execution of a contract, either between the insurance company and the employer, or directly to the employee in some cases. As a contract, it generally applies the concepts and doctrines of common law on contracts in Canada (or the provisions on contracts in the Civil Code for Quebec). These concepts and doctrines on contracts law can be best explained by a long-term disability lawyer, but the most common doctrine is that parties are free to stipulate on anything within a contract, and when said contract has been consented by the parties, it becomes the law between them. Hence, any violation on the contract would impose a liability – either for specific performance and/or for payment of damages – on the violating party.

Additionally, the LTD policy or contract provided by a private insurance company will govern the rights and obligations of each party. This may include the rates of monthly premiums to be paid, the standards for an employee to be eligible for LTD benefits, the amount or rate to be paid to the employee when he/she becomes eligible, among others. The said policy or contract should also stipulate the remedies of any of the parties when there has been a breach. Enforcing these remedies may be done with the help of a long-term disability lawyer, who may also determine whether such remedy is already ripe (ready for resolution or litigation) and the possibility of winning such remedy.

Public LTD Benefits

The Canada Pension Plan (CPP) Disability Benefits is one of the disability benefits offered by the federal government to employees who suffer from long-term disabilities. Generally, an employee would be eligible for the CPP Disability Benefits when he/she is below 65 years old, have made contributions to the CPP, have a mental or physical disability the prevents the employee from working, and when such disability is a long-term one or is likely to result in death. To avail the CPP Disability Benefits, an employee should make an application before the CPP, and it will be subject for approval after submission of certain documents.

Is long-term disability insurance mandatory in Canada?

Generally, long-term disability insurance is not mandatory in Canada. It is an option that may be offered by employers to their employees depending on their arrangement on the monthly premium payments – either it will be paid by the employer, or it will be passed on the employee. When LTD insurance is not offered by the employer, employees may go to a long-term disability lawyer to arrange an insurance policy for them.

Can you be terminated while on long-term disability in Canada?

An employee may be terminated by their employer while on long-term disability. However, this may fall as a termination without cause under Canada’s labour laws and regulations. Accordingly, two requirements are imposed on the employer – to give the employee a reasonable notice of termination, and to pay the employee a severance pay. In lieu of the notice of termination, the employer may have to pay the employee for their non-compliance of this notice requirement.

As to the payment of benefits under the LTD insurance policy, a disabled employee may still be eligible for such benefits if the said employee has been receiving LTD benefits even before the termination of their employment. However, these may be subject to the conditions stipulated in the insurance policy.

Terminations may be complicated when there’s an insurance involved, and either the employee, the employer, or the insurance provider may allege a breach of the terms of the contract or of their rights. Here, a long-term disability lawyer may step in to settle the dispute amicably or extrajudicially. But when alternative dispute resolution fails, litigations or court cases may be filed, and a long-term disability lawyer may still assist either party to the suit.

Want to know more about the benefits of long-term disability policies? Scroll down for the best long-term disability lawyers in Canada as ranked by Lexpert who are ready for any of your inquiries.

Best Medical negligence lawyers in Canada as ranked by Lexpert

Medical Negligence lawyers are generally understood to encompass the representation of plaintiff patients, their families or estates, and the defense of physicians, nurses, other health care professionals such as anaesthetists, hospitals and other authorities, in civil proceedings alleging personal or psychological injury, trauma or death resulting from a failure to provide care in conformity with standard practices or other reasonable standards.

Please note that the Lexpert directory has separate practice areas for:

• Professional liability lawyers
• Class action lawyers
• Occupational health and safety lawyers
• Personal injury lawyers

What is medical negligence in Canada?

Generally, medical malpractice encompasses all forms of treatment which is considered not at par – or a substandard – from the generally accepted standards or minimum medical standards set by the law, which results in injury to patients.

Medical negligence is a form medical malpractice, although the two are mostly interchangeably used. Medical negligence occurs when healthcare providers fail to use reasonable care or exercise what a normal prudent care provider would do, in the performance of their professional duties, resulting in an injury or injuries to a patient. Such injury may be source of a cause of action against said healthcare providers. Although a standard of diligence is expected of all professionals as mandated by their respective code of conducts and by common law, medical professionals or healthcare providers are specifically expected of a high degree of care owing to the public trust involved, considering that a life of a patient can be at stake.

Thus, when there is deviation from this standard of care, medical negligence occurs. However, it is not only in the acts of medical professionals or healthcare providers that medical negligence may emanate from. Omissions may also be a source of medical negligence, especially in cases where a responsibility for medical intervention arises and the said medical professional or healthcare provider has not acted in a timely manner, or deliberately did not act at all.

Medical professionals or healthcare providers who may be held liable for medical negligence (or medical malpractice) are the following:

• Doctors, Physicians, Surgeons
• Nurses
• Caregivers
• Medical or hospital staff/employees
• Hospital

A medical negligence lawyer may be contacted to deal with issues from any of the above-named entities.

What are examples of medical negligence?

There are numerous examples of medical negligence.

• Misdiagnosis: failure to diagnose; incorrect diagnosis; incorrect medical treatment; or surgical errors;
• Mistreatment: failure to perform, order, or delay in medical treatment; improper administration or prescription of medications; improper use of medical equipment; or failure to perform appropriate patient follow-up;
• Omissions: failure to monitor a patient; failure to obtain informed consent for medical procedures needing prior consent; or poor or absent aftercare.

What are grounds for medical negligence?

When medical negligence occurs or when there has been injury to a patient, the plaintiff (who may be the injured person, or the guardian or parent for a dependent, whatever the case may be), with the assistance of a medical negligence lawyer, must establish such negligence or malpractice by convincing evidence according to its legal grounds.

Action for Medical Negligence

In proceeding with a court action for medical negligence in Canada, the governing laws would be the common law and the medical regulations of the respective provinces and territories; except for Quebec, where its Civil Code provisions would apply. Case law and its jurisprudential doctrines may also apply, depending on the specific circumstances of the case. As such, a medical negligence lawyer may construe which common law, regulation, and case law may apply, considering the jurisdiction which the case falls under.

Another consideration for both the plaintiff and the medical negligence lawyer is the code of conduct, or the code of ethics, of the field of practice of the specific professional indicted as the defendant. For example, for members of the Canadian Medical Association, their Code of Ethics and Professionalism may be considered. Additionally, an erring medical professional may also be sanctioned administratively, depending on the institution that they may belong to.

Generally, the elements for an action for medical negligence to prosper are:

Patient-Healthcare Practitioner Relationship

First, the plaintiff must establish the relationship between the patient and healthcare practitioner/medical professional. This relationship may arise from the contract between the two parties, which may either be orally agreed upon, or through a physical contract. Such relationship may also be established from the fiduciary obligations of the healthcare practitioner with the patient.

Practitioner’s Act/s of Negligence

Secondly, a plaintiff must establish the specific act/s of the health practitioner which shows that they have acted negligently, or that they have not exercised the standard of care required of them. This includes presenting proof and evidence of the injury itself, or an account of the injured party of the act constituting negligence.

Causal Relationship

Lastly, the negligent act must have a substantial link to the injury, such that it was the cause of actual damages sustained by the plaintiff. This is because it may be controverted by the defendant on the ground of fraud, or that there has been no causal connection between the injury and the alleged negligent act. To prevent such from happening, strong evidence must be presented to draw the link of the injury to the complained negligent act.

As a general rule, the burden of proving such injury rests on the plaintiff. Hence, the admissible evidence considered to establish the three elements mentioned above may be acquired or established with the assistance of a medical negligence lawyer in order to prepare strong pieces of evidence to support the plaintiff’s allegations.

Loss or Damages

An important thing which must be included in the pleading of the plaintiff is the loss and damages as the result of the negligent act. This may include actual damages or expenses incurred by the plaintiff, loss of income due to being unable to work, and other damages such as moral damages. However, as to the “general damages”, which includes moral damages but excludes actual loss, case law dictates a maximum limit of $100,000, which has increased to $300,000 due to inflation.

The applicable damages and its computation may depend on the law applicable in the provincial and territorial jurisdictions. Therefore, there is a need to consult with a medical negligence lawyer before proceeding with the litigation to accurately compute the damages to be sought.

Amicable Settlement

Before the filing of the case, or even during the judicial proceedings, any of the party may move for any of the alternative dispute resolution (ADR) methods to settle the claim for damages amicably or extrajudicially. Here, it would now depend on the parties to consent to this amicable settlement. If such is the case, a medical negligence lawyer may represent either party in the settlement process – for the plaintiff, to ensure that they will be sufficiently compensated; or if for the defendant, that the amicable settlement be successful to prevent a full-blown trial from happening to lessen their risk of losing, lessen the damages to be paid, and even prevent the cancellation of their medical license.

Statute of Limitations

Commonly, an action to recover damages must be filed within two years from the discovery of the malpractice or negligence. Otherwise, the claim or the right to recover of the plaintiff will prescribe, which results in the extinguishment of any liability of the defendant.

Do you want to pursue a case against a medical practitioner as a plaintiff? Or are you a medical practitioner who is at the risk of being slapped with a malpractice or negligence case? Scroll down to see the best medical negligence lawyers in Canada to assist you in your case. They’re all Lexpert Ranked as some of the best in the industry.

Best Mergers and Acquisitions lawyers in Canada as ranked by Lexpert

Mergers & Acquisitions lawyers are involved in transactions that effect or threaten to effect a change of control or ownership of corporations. Typically, this would involve representation of offerors, offerees and other interested parties in connection with take-over bids, amalgamations, arrangements and the like, as well as “defensive” advice to corporations that perceived themselves to be vulnerable to unwanted or unsolicited offers.

The M&A practitioner’s primary role is to lead a team of specialists and to coordinate their input on the corporate, securities, finance, tax, competition, labour, employee benefits, real property, regulatory, environmental, intellectual property, litigation and other areas of law that are likely to be implicated by a proposed transaction, while providing senior management with strategic input in conjunction with other M&A specialist advisors such as investment bankers, accountants, communications experts and government relations consultants.

The deal management role often encompasses working with and incorporating the input from legal and other specialists in other provinces and countries. The definition of an M&A practice should include the ability to provide strategic advice, to apply seasoned business judgment and to creatively deal with the fast-changing moves and counter-moves of competitive bidding situations.

The Lexpert Directory also has separate practice areas for:

• Intellectual property lawyers
• Employment lawyers
• Competition law lawyers
• Corporate litigation lawyers

Are mergers and acquisitions regulated by laws?

Mergers and acquisitions are regulated by federal, and provincial/territorial laws. It also depends on whether the parties are either public or private companies. In outlining these laws and its applicability, a mergers and acquisitions lawyer may best provide such delineations and other specifics of such.

Mergers and Acquisitions

Mergers and Acquisitions, or commonly referred to as M&A, are two different transactions which are usually linked as one due to its similarities as to its nature and governing laws and regulations. Generally, M&A is when two different companies combine or unite to become one (merger), or when a one company purchases or takeovers another company (acquisition), or through a mix of these two.

Companies in pursing an M&A are customarily represented by a mergers and acquisitions lawyer, together with its shareholders and the top management officers. This is to ensure that the M&A benefits the concerned party, while following the governing regulations on M&A.

Companies usually go through M&A to maximise the assets of the two companies, increase the assets of one, lessen the operational or management costs, widen the market share, create new product or strengthen existing ones, or expand the locations of the two companies.

Merger

In a merger, two companies form a new one – through consolidation, combination, or unification – where by agreement both companies equally put their assets or shares for the new merged company (though, also by agreement, one company might have larger shares compared to the other).

Mergers usually happen because of a bilateral and consensual agreement of two parties, which may be both at equal footing in terms of company size and assets, unlike in an acquisition which can be an unamicable transaction between the parties. The two merging companies may either be rival companies of the same product, or two producers of different products merging to create new products.

Acquisition

An acquisition may occur when a company buys the majority or all the shares of another, which gives the acquiring-company majority or full control over the operations. This is usually because of an impending insolvency or bankruptcy of the acquired-company, or when it is about to cease operations, but offers, or is offered, an acquisition by a proposing acquiring-company.

Oftentimes, a larger company acquires a smaller one; but a “reverse acquisition” may also occur when a smaller, or newer, company acquires a larger one. In an acquisition, the acquiring-company may either retain the company name of the acquired-company, or uses its own replacing the latter’s.

Canadian Mergers and Acquisitions

There are two kinds of M&A:

• Public M&A – refers to an M&A transaction where the target company is a Canadian-listed company, hence, its stock is publicly traded. It may be done in three ways: take-over bid; amalgamation; or plan of arrangement.
• Private M&A – when the acquired company is not publicly listed or is not a Canadian-listed company.

Canadian federal and provincial/territorial laws on M&A are a mixture of different practice areas of law, such as corporate law, competition law, and taxation, among others. Specific application of these laws, and the ones mentioned below, must be referred to a mergers and acquisitions lawyer, especially with the complementing administrative procedures of these laws.

Competition Act

The Competition Act, in line with its purpose of regulating corporate transactions to maintain healthy competition among specific markets in Canada, is one of the laws which regulates M&A. The Act specifically prohibits cartels (or cartelization) and monopolies (monopolisation of markets); therefore, it must be strongly shown that an M&A transaction will not result to cartelization or monopolies, or that there has been no conspiracy between the two contracting companies. In this regard, a mergers and acquisitions lawyer are best consulted to faithfully comply with the Act and prevent its violation.

Financial thresholds are set by the Act, and when these financial thresholds are reached, there must be a pre-closing notification or pre-M&A notification to be filed by the companies to the Competition Bureau (referred to as “notifiable transactions”). However, companies which has undergone an M&A, which are exempted from review because of these financial thresholds are not reached, may still be reviewed by the Commissioner of Competition within one year of its closing (referred to as “non-notifiable transactions”).

Investment Canada Act

While the pre-closing notification under the Competition Act is also regulated under the Investment Canada Act, the pre-closing notification provisions on this Act with regards to M&A will apply when a non-Canadian or foreign investor acquires a Canadian business. Financial thresholds are also set by this Act, and a deal will not be closed until the applicable Minister has proceeded with their review of the said investment.

Who approves mergers in Canada?

The Competition Bureau, through the Commissioner of Competition, has been granted the authority by the Competition Act to review any M&A which has the tendency to lessen competition in Canadian market. The Bureau, before the closing of an M&A transaction, reviews notifiable transactions, and even investigate non-notifiable transactions if it will result to a violation of the Act.

What is the difference between merger and acquisition in Canada?

While an M&A will likely result to a single entity, the difference between a merger and an acquisition is that a merger will result to a creation of a new, single, larger entity, while an acquisition will enlarge an existing one.

What is a break fee in M&A in Canada?

A break fee in a Canadian M&A is a contractual stipulation to protect a party from another party which will unreasonably, without consent of the other party, and subject to the other conditions of their contract, violate the terms thereto.

A classic example is when a party would not continue with the M&A anymore; although, a break fee may also apply to other circumstances. A mergers and acquisitions lawyer may help in crafting a break fee stipulation in a contract to ensure the liabilities of both parties should there be a future breach.

What is the merger threshold in Canada?

As of 2023, the Competition Bureau maintains the pre-merger notification current threshold of $93 million.

What is Section 92 of the Canadian Competition Act?

In line with its purpose of maintaining a healthy competition in Canadian, Section 92 of the Competition Act states that when the Commissioner of Competition finds that a potential merger would likely prevent or lessen competition among the same market, the Competition Tribunal, upon application by the Commissioner, may order the following actions:

• In case of a completed merger, the Tribunal may order to dissolve the merger, or to dispose of the assets or shares designated by the Tribunal; or
• In case of a proposed merger, the Tribunal may order to any party to not proceed with the merger; or
• In addition to the above-stated, any other action that may be ordered by Tribunal.

Want to know more about M&A and its laws and regulations? Consult with the best mergers and acquisitions lawyer by heading down below, all of whom are Lexpert Ranked.

Best Mining lawyers in Canada as ranked by Lexpert

Mining lawyers, in the Canadian context, are generally understood to work on all legal issues relating to the mineral exploration, development, production and reclamation cycle, that is to say, from raw grass roots exploration through to the fabrication and ultimate sale of finished metal product, as well as mine closure and reclamation.

They deal with such items as exploration and development agreements, joint ventures, syndicates and royalty agreements; mining taxation; project financing, structured financing, capital markets financing and the corporate and technical due diligence relating thereto; related infrastructure development and financing; engineering and service contracts; processing and refining contracts as well as metal sales contracts; intellectual property issues relating to mineral and mining technologies; mining commissioner and severance disputes; mineral policy and mineral strategy issues; and related socio-economic and environmental issues. It can be said to include the extractive sectors.

Please note that the lexpert directory has separate practice areas for:

• Environmental lawyers
• Energy lawyers for oil and gas

Mining in Canada

The mining industry is governed by numerous regulations designed to ensure fair benefits among all stakeholders, to preserve the environment, and to balance the safety and health of citizens. These regulations already attach during preparatory period (permitting and licensing of mining entities), up to the actual mining operations, mineral-processing stage, sale of these minerals, and even in times of rehabilitation and restoration when social and environmental damages are done.

It is the main task of a mining lawyer to assist mining companies or operators in providing legal aid during these processes. A mining lawyer commences their legal work with the licencing and acquisition of various permits, who may have deal with different laws and regulations, since each province and territory have different administrative licencing procedures.

Next are the laws and regulations regarding operations, which may include policies that has to be set-up, infrastructure standards that must be followed, and the continuous compliance of said licences and permits at this stage.

Which regulators do mining lawyers need to know in Canada?

The mining industry in Canada is generally governed and regulated by both the federal government and the provincial governments, with specific jurisdictions accorded to each. It can be said that the laws on mining in Canada depend on two things:

1. the mining operation’s location (which will identify which jurisdiction will it fall under);
2. and secondly, the mining operation’s specific mineral to be harvested (which will have its own regulations as to its mining, handling, transportation, etc.).

This means that a local mining lawyer is much preferred since each province has different applicable mining laws.

Federal regulation of mining

While most of the regulations on the mining industry are given to the provincial and territorial governments, some pieces of federal legislation grant the federal government specific jurisdiction for some transactions or processes with regards to mining. Some of these legislations are:

• Explosives Act and Explosives Regulations 2013
• Export and Import of Rough Diamonds Act
• Extractive Sector Transparency Measures Act

In addition, mining activities on federal lands and in offshore areas are regulated at the federal level. Similarly, mining activities of federal Crown corporations are also regulated by the federal government.

Other federal laws which may affect mining operations in Canada are (1) environmental laws, (2) health and safety regulations, and (3) laws protecting the rights of Aboriginals and Indigenous Peoples. Each province and territory also have its own regulations regarding these areas that may overlap with federal legislations. As such, a mining lawyer does not only focus on mining laws, but also with the other areas of law affecting the mining industry.

(1) Environmental laws

The Impact Assessment Act mandates that major projects that are carried out on federal lands should undergo an impact assessment to determine any positive and negative impacts of these projects on the environment, including its effects on the health of citizens who may be directly and indirectly affected.

The Act also has a touchpoint with the laws on Indigenous Peoples as it also aims to assess the specific impacts of these projects to the rights of the Indigenous Peoples. Among the regulated projects that needs an impact assessment are mining projects, among others.

(2) Health and safety laws

Certain health and safety laws may also apply before a mining operation can start, until its operation itself. While health and safety laws may still fall under the governance of provincial laws, federal laws on health, such as Government Employees Compensation Act, will apply when the mining project or operation is under federal jurisdiction.

(3) Aboriginal and Indigenous Peoples laws

The Indigenous Peoples are protected by Canadian laws, through the Constitution Act, 1982 itself and by federal and provincial legislations. As regards mining operations, Indigenous lands are duly protected from invalid intrusions based on treaty rights, except when these mining operations are granted consent by the Indigenous Peoples who currently owns said rights.

In addition, licences and concessions may only be awarded to applicants (i.e., mining companies) when there have been prior consultations and accommodations with the affected Indigenous Peoples who will be greatly affected by a proposed mining operation or project.

Provincial regulation of mining

Under the primary jurisdiction of the provinces and territories of Canada are the exploration, development, and extraction of mineral resources. This power stems from the provincial and the territorial control of public lands, minerals, and natural resources. Here, a mining company, with the assistance of a mining lawyer, must coordinate with the respective provincial and territorial government for its permission of the said exploration, development, and extraction. Additionally, the construction, management, reclamation, and closure of mining sites are also within the jurisdiction of these provincial and territorial governments.

An exception of this provincial or territorial mining jurisdiction are the territories of Nunavut and some areas of the Northwest Territories. For these two areas, public lands and natural resources are regulated by the federal government.

It is also worthy to note that each province and territory have its own mining legislation which may have its similarities and differences among each other. Therefore, the services of a mining lawyer must be sought to clarify and interpret these legislations.

Do you pay taxes on mining in Canada?

There are different taxes imposed on the mining industry in Canada. As such, the practice of a mining lawyer may also include taxation laws to help mining companies with the computations on their taxes.

Subject to the provisions of the Income Tax Act, all businesses operating in Canada are levied with incomes taxes and this includes mining operations. Moreover, the income tax that mining operators need to pay are not only imposed by the federal government, but also by the provincial government as well. Separate from the income tax is the mining tax that are also dependent on the provincial mining law where the mining operations are situated.

A mining company must also be mindful of the federal goods and services tax (GST) under the Canada Revenue Agency (CRA) regulations, and/or the harmonized sales tax (HST) which may vary in each province.

Scroll below to find the Lexpert Ranked list of the best mining lawyers in Canada for any concerns regarding the laws and regulations imposed on Canada’s mining industry.

Best Occupational health and safety lawyers in Canada as ranked by Lexpert

Occupational Health & Safety lawyers’ practice area is generally agreed to include advising with respect to occupational health and safety law compliance, conducting OHS workplace audits, drafting policies and procedures, providing training to supervisors and managers, representing clients in disputes relating to work refusals, counsel on the appeal of health and safety inspectors orders and directions, advising employers after critical injuries and fatalities, defending corporations, directors, officers and supervisors charged with occupational health and safety charges, counsel at coroners inquests and advising on related workers' compensation matters.

Please note that the Lexpert Directory has separate sections for:

• Labour relations lawyers
• Labour relations construction sector lawyers
• Workers' compensation lawyers
• Workplace human rights lawyers

What is occupational health and safety (OHS) in Canada?

Certain employment or workplaces are inherently unsafe, mainly due to the nature of the work that an employee has been assigned to, or certain hazards exist in the workplace which makes it dangerous even if they are not inherently unsafe. As such, the occupational health and safety (OHS) standards set by laws and regulations are there to provide for preventive and reactive ways in addressing OHS concerns.

Occupational Health and Safety (OHS)

Occupational health and safety (OHS) standards, enacted through legislations or administrative regulations, generally aim to keep employees safe in the performance of their jobs, and to provide for ways which employers can do to improve workplace safety, minimise workplace hazards, and how to respond to workplace accidents.

OHS also addresses concerns regarding illnesses, such as its prevention and treatment, that employees may contract in their work. Currently, mental and social health is also being integrated into the area of OHS, especially when mental stress and psychological problems arise from these workplaces. Thus, application of OHS is not only restricted in hard-labour jobs, such as in construction or in a factory setting, but also in corporate and commercial offices.

Working around OHS standards and its implementation, an occupational health and safety lawyer does not only assist in litigations regarding accidents, injuries, or even death in the workplace, but also in the preventive aspect of it. OHS lawyers may also assist settling these claims extrajudicially.

OHS Laws in Canada

Generally, OHS laws and regulations in Canada applies to all workplaces, whether public or private entities, and regardless of the size of workforce, with some specific applications to generally hazardous industrial sectors.

Occupational health and safety laws in Canada can be divided into federal or provincial/territorial jurisdictions. For federally regulated industries or sectors, OHS is governed by the Canada Labour Code, and the Canada Occupational Health and Safety Regulations. As an employer, the specific laws which will govern the workplace must be referred to an occupational health and safety lawyer, since these have specific applications unique to a sector or industry.

Canada Labour Code

The Canada Labour Code, specifically in Part II on Occupational Health and Safety, provides for the duties of employers with regards to ensuring OHS in the workplace, and rights of employees with respect to their health and safety.

Generally, it is the duty of employers to ensure that the health and safety of all employees it has employed are protected. It is heavily influenced by prescribed safety standards, set by the industry or sector it belongs to, and in ensuring that employees are properly informed of these prescribed safety standards. This duty of employers is divided into specific duties stated in Section 125 (1) of the Code.

Duties of the employees, on the other hand, is laid out in Section 126 (1). The Code expects employees to comply or follow all regulations imposed by the employer, along with other regulations, and to report to the employer any workplace hazard, injuries, and accidents that occur in the workplace. They may also report any other contravention under the Code committed by other employees or even by the employer itself.

Both duties of employers and employees, and the rights afforded to both, can be best explained by an occupational and health safety lawyer in order to prevent an accident from occurring in the workplace, and to comply with the federal regulations under the Code.

Section 123 (1) of the Code provides for the federally regulated industries or sectors where Part II applies. Some of these are:

• banks

• maritime transportation

• air transportation

• land transportation

• communications

• federal Crown corporations

In Section 148, the Code provides for civil liabilities for offenses and punishments when employers fail to comply with these regulations and accidents occur resulting to injuries or death of an employee. This is in addition to criminal charges that may filed under the Canada Criminal Code. In these situations, litigations may ensue, and an occupational health and safety lawyer may represent either party. Here, it is the plaintiff-employee who has the burden of proving that such accident happened due to the gross negligence of the employer. On the side of the defendant-employer, it must show that it has exercised due care and diligence as a defense to extinguish its liability.

Canada Occupational Health and Safety Regulations

The Canada Occupational Health and Safety Regulations are the regulations applying Sections 125, 125.1, 125.2, and 126 of the Canada Labour Code. Thus, the Regulations provide for the specific standards of these Sections, such as measurements of safety installations, structural standards, procedural standards in handling hazardous materials, among others.

Whenever applicable, these standards must be consulted with an occupational health and safety lawyer for compliance depending on the employer’s line of business.

What are the three categories of occupational health and safety (OHS) laws?

The Canada Labour Code essentially provides for three categories of rights under OHS, which are also found in several provincial and territorial OHS legislations. Generally, these rights are granted to employees; and when these rights are violated, employees may proceed to an occupational health and safety lawyer for assistance in enforcing these rights.

Right to Know

Employees have the right to know, or the right to information, on all known or foreseeable hazards and dangers related in their job and in the workplace. In addition, employees must also be provided with instructions, including proper training, and supervision in protecting one’s health and safety in the workplace.

Right to Participate

Employees are also afforded the right to participate in all decision-making processes, such as crafting of management policies, especially when these would directly affect said employees. This would include the right to participate in addressing work-related health and safety issues. In some cases, an occupational health and safety lawyer may be called in for these negotiations.

Right to Refuse

Employees can refuse work when there is a reasonable cause to believe that the performance of a specific task, or that the operation of a machine or apparatus, would endanger himself/herself or others. However, this right has certain exceptions, such as when the refusal to work would itself endanger others, or when the danger is a normal condition of employment.

Who regulates occupational health and safety (OHS) in Canada?

OHS issues are mainly addressed by Health Canada, which works together with the labour portfolio of the Employment and Social Development Canada. In addition, the Labour Program in the federal level acts as the regulating authority for workplaces designated to be under federal jurisdiction.

Head down below to see the list of the best Lexpert Ranked occupational health and safety lawyers in Canada for your inquiries or needs, whether as an employee or an employer.

Best Employee benefits and pensions lawyers in Canada as ranked by Lexpert

A employee benefits and pensions lawyer is generally considered to work in the following areas: structuring and establishment of pension and benefit plans; group insurance arrangements; taxation; fiduciary responsibilities; questions of surplus entitlement; the implications of planned acquisitions, mergers, reorganizations and spin-offs; and executive compensation arrangements such as offshore trusts compensation arrangements, equity compensation, executive terminations, retiring allowances and deferred income arrangements.

Please note that the Lexpert Directory has separate practice areas for:

• Employment lawyers
• Labor relations lawyers
• Occupational health and safety lawyers
• Workers compensation lawyers
• Workplace human rights lawyers

What are pensions and benefits in Canada?

Generally, employee benefits are those minimum entitlements of employees which are primarily required by the law and may be additionally supplemented by any agreement by the employer and the employee through a contract. Said contract may be agreed upon before or during the engagement of the employee.

Part of the employee benefits are pensions or a pension plan. A pension plan obligates the employer by law to regularly remit contributions to a pool of funds, so that an employee would become eligible for future payments after their retirement or as they reach the certain age set by law. This pension plan and its pool of funds are usually managed by the government or the state, which is also referred to as a social security system. There are also instances where private pension plans or funds are set up and managed by the employer.

A pensions lawyer, who may also be at the same time an employee benefits lawyer, works with employees and employers alike in various concerns regarding employee benefits and pension plans. As a pensions lawyer, they may help set up pension funds if the employer wishes to, or advise the employer in complying with regulations on remittance of pension taxes and mandatory contributions. They may also advise employees regarding the terms and conditions of pension plans and the benefits they may reap in the future.

In Canada, the state-run pension fund, or the social security system, is the Canada Pension Plan.

Canada Pension Plan

The Canada Pension Plan (CPP) is the social security system, or the retirement pension plan, for all Canadians which provides for a lifelong monthly pension payment to qualified Canadian retirees or disabled citizens. An exception from the CPP is the province of Quebec which has its own Quebec Pension Plan. In order to be qualified under the CPP, one must be at least 60 years old and must have at least one valid contribution.

As funds are pooled in a trust fund under the CPP, the board and its management in turn invest these money in various ways to ensure the longevity and sustainability of the CPP – for it to be able to pay off future retirees with the right amount and to extend the lifespan of the CPP itself.

Amount of Tax

The amount to be remitted to the CPP by the employee and the employer are generally “taxes” which are deducted from the employee’s income, in addition to employer’s share of the tax. This deduction starts when a Canadian reaches the age of 18 and starts to work, and will end by the age of 69 notwithstanding whether the employee is still working after the age of 60.

The payment scheme under the CPP is sometimes referred to as a “pay-as-you-go pension plan”, where a contributor may choose to do a lump-sum contribution, or a regularly deducted (monthly-basis) contribution. The specific computation for the amount to be remitted to the CPP may be provided by a pensions lawyer for accuracy and ensure compliance with it.

Application

When an employee reaches the age of retirement, they must apply to be able to receive CPP payments since it is not automatic. The date indicated in an application would be the starting date of the pension payments to the retiree, but there are other options, such as when a retiree prefers to start receiving payments at the age 65, or as soon as the retiree becomes qualified. The said application must be filed at least six months before the preferred date of receiving the CPP payments. However, when an application has been denied, an appeal may be sent before the Canada Pension Appeals Board.

Applications for CPP payments, and appeals in case of the application’s denial, are best handled by a pensions lawyer, who are experienced in dealing with the CPP, the Pension Appeals Board, and its regulations.

Amount of Pension

The amount of pension to be received by the retiree would largely depend based on the number of years they contributed vis-à-vis the required minimum amounts. It would also depend on different factors, such as the starting age to receive the pension (since a retiree may start receiving his/her pension at the age 60 or as late as 70), and the average earnings of the total number of years the retiree has worked for.

Which benefits are paid by the Canada Pension Plan?

Other than retirement pension, there are other CPP benefits that a retiree or an employee may use . These are best consulted with a pensions lawyer, or an employee benefits lawyer, to see if such benefits are available to a retiree’s or an employee’s case.

These other CPP benefits are:

• Post-retirement benefits
• Disability benefits
• Post-retirement disability benefits
• Survivor's pension
• Children's benefits
• Death benefits

What are the employee benefits offered in Canada?

Most minimum statutory employee benefits are found in the Canada Labour Code and are complemented by provincial or territorial labour laws. An in-house or outsourced employee benefits lawyer would typically ensure that these benefits are received by the employees, and complied with by the employers to prevent violating the Code and be penalized for it. Generally, all full-time employees are guaranteed these employee benefits. Part-time and probationary employees have a different set of benefits afforded to them.

The following are some of the minimum statutory employee benefits under the Canada Labour Code:

• Minimum Wage (Section 178 (1))
• Overtime Pay (Section 174(1))
• Holiday Pay (Section 196(1))
• Flexible Work Arrangements (Division I.1)
• Annual Vacation with Pay (Section 184)

How many years do you have to work in Canada to get a full pension?

A pensions lawyer may help retirees and their employers determine whether such retiree is eligible under the CPP based on his/her employment history. Generally, the following conditions are set by the CPP for a retiree to get a full pension:

• retiree must have contributed to the CPP for at least 39 years (counting from when the retiree was 18 years old until he/she reaches 65 years old); and
• retiree's CPP contributions must have reached the maximum yearly annual pensionable earnings (YMPE) set by the Canada Revenue Agency (CRA).

What is the maximum pension per month you can receive in Canada?

Under the retirement plan of the CPP, various factors may affect the actual and total maximum pension per month that a retiree may receive. But for retirement pension, for the year 2023, the maximum pension is $1,306.57. The other kinds of CPP benefits (e.g., post-retirement benefit, disability benefit, etc.) also has different maximum amounts.

Interested in knowing more about your pension and your employee benefits? Scroll down below to consult with any of the best pensions lawyers or employee benefits lawyers in Canada as ranked by Lexpert.

Best Personal injury lawyers in Canada as ranked by Lexpert

Personal Injury lawyers work in a broad practice area encompassing all manner of physical and psychological injuries suffered in a wide range of circumstances, except for medical negligence (a separate Survey).

A practice may include some or all of such areas as road traffic and street accidents, occupiers’ liability, uninsured losses; spinal, brain and serious injury cases; fatal and dependency cases; public liability including all levels of government, school boards, etc. with respect to highways, public transportation, recreational facilities etc.; sports injuries; product liability cases; pharmaceutical and medical device product liability litigation; and catastrophic, multi-party litigation (air disasters, etc.).

Please note that several lawyers who practise Insurance law, or other related areas, are included here. We are aiming to capture the main classifications of this and related practices. The Lexpert directory has separate practice area pages for:

• Class action lawyers
• Product liability litigation lawyers
• Long-term disability lawyers
• Medical negligence lawyers
• Professional liability lawyers

What is personal injury law in Canada?

Tort Law

The law on torts is that general field of law which holds liable any person or persons who has caused damage to another, whether it be negligently or intentionally, and whether it be done against the person themself or their property. Its primary purpose is to maintain social order by:

• compensating the injured person;
• penalizing the tortfeasor for their wrongdoing; and
• setting an example for other persons to not commit any act which causes damage to another.

Personal Injury Law

Personal injury is a part of the law on torts that grants an injured party (the plaintiff in the civil case) a cause of action to file a civil case against another person (the defendant in the civil case) for damages that the injured party has suffered. Here, plaintiffs seek the help of personal injury lawyers to assist them with case buildup and secure compensation from the defendant.

In a civil case for personal injury, the plaintiff may either be a single person who has suffered the specific damage themself; an heir, guardian, or agent of the injured person; or a group of persons under a multi-party litigation or a class action/suit. Common law also provides that the injury is not limited to physical injury or injuries only, but also extends to mental or psychological suffering too. Personal injury lawyers consider these matters since a slight difference on these facts would result to a different set of evidence which needs to be presented and the arguments to be raised.

The following are some examples of damages that an injured party may recover:

• pain and suffering
• loss of earnings
• medical expenses
• housekeeping and home maintenance
• medical expenses

Manner of Committing Personal Injury

A personal injury may be committed either (1) intentionally, or (2) negligently. These two are important considerations for the plaintiffs and the personal injury lawyers because each has specific elements different from the other.

(1) Intentional Personal Injuries

Personal injuries that are inflicted intentionally or deliberately may arise from a crime, or from acts and omissions not specifically defined as a crime by the federal Criminal Code or any provincial or territorial criminal statute. Here, especially for civil liabilities for crimes, malice and bad faith must be established for the offender to be held liable for it. Also, in a criminal case, judgement for restitution may be imposed on the offender, which can be a substitute for damages in a civil case.

(2) Personal Injuries from Negligence

Negligent acts which cause personal injury may also give rise for a cause of action for damages. A person is negligent and is civilly liable when he/she has not exercised due diligence or the minimum standard of care during any act imputable to him/her.

Also, a person can be held negligent through his/her omission, such as inactions in cases when he/she is needed to act, or is compelled to, owing to his/her duty or position. Examples of negligent acts which causes personal injury would be driving under the influence or reckless driving, professional negligence, or product and manufacturing defects, among others.

Personal Injury Lawyers

Personal injury lawyers do not only work for the plaintiff (the injured party), but also for the defendant (the alleged person who caused the damage).

Before a court action is filed, personal injury lawyers may try to negotiate the case, whether for the plaintiff or for the defendant. When negotiations fail, this is the time when litigation may now ensue.

When working for the plaintiff, and prior to the filing of a case for damages, personal injury lawyers would have to determine whether the plaintiff has a strong claim against the defendant. This is done through an investigation of the facts according to the plaintiff, collection of admissible pieces of evidence to support such claim, and gathering of credible witnesses. Hence, the institution of the civil case must be done as early as possible to prevent any distortion and to prevent the defendant from claiming the defense of prescription.

As for the defendant, personal injury lawyers may establish defenses in order to minimize the award of damages such as contributory negligence, which claims that the plaintiff is also partly to blame for the injuries they have suffered. Other defenses available for the defendant to extinguish their liability are;

• prescription;
• exercise of extraordinary diligence or care;
• that a third party is the cause of the damage
• or that the damaging act or omission cannot be imputed to the defendant.

Can you sue for personal injury in Canada?

An injured party can sue for damages based on personal injury in Canada. How this case can be filed, and its other procedural rules, will depend on the province or territory that it is filed.

Laws on Personal Injury in Canada

Canadian laws on personal injury, or the laws on torts in general, are based on common law or case law. However, there are other legislation from the provinces and territories that may also be the basis for a case for damages on personal injury. There is also the Criminal Code, both in the federal and provincial levels, which is a source of law on personal injury.

Kinds of Damages

Plaintiffs and personal injury lawyers must establish the amount of damages that the injured party has suffered. Thus, there are two main types of damages which may apply in different scenarios – (1) the non-pecuniary or general damages, and (2) pecuniary damages.

(1) Non-Pecuniary or General Damages

Non-pecuniary or general damages are unquantifiable damages awarded to the plaintiff for the stress, inconvenience, pain and suffering, or the loss of enjoyment of life of the plaintiff. A classic example of this are psychological or mental damages. Currently, the amount that can be recovered for general damages has been capped at $100,000 by the Supreme Court through its past decision but has since increased to $300,000 due to inflation.

(2) Pecuniary Damages

Pecuniary damages are quantifiable awards for the plaintiff after proving specific and economic losses due to the personal injury that occurred. Examples of pecuniary damages are treatment or medical costs, loss of income due to missed work, compensation for future wages, and costs of litigation.

What is a Serious Personal Injury Offence in Canada?

Section 752 of the Criminal Code defined “serious personal injury offence” as either an (1) indictable offence involving attempted violence against a person, or a conduct which endangers the life or safety or causes psychological damage to another; or (2) consummated or attempted sexual assault. As such, these offences may be a cause of action for claims on damages due to personal injury.

How long after an accident can you sue for personal injury in Canada?

Generally, a personal injury case must be filed within 2 years after the occurrence of the act or omission which caused the said personal injury, or when the signs of personal injury started to manifest.

In need of more information on personal injury either as a plaintiff or a defendant? Consult with the best personal injury lawyers in Canada as ranked by Lexpert by heading to the list below.

Best Private equity in Canada as ranked by Lexpert

The practice area of private equity lawyers includes equity and quasi-equity investment activity in non-public markets. This area of law has buy-out, mezzanine and venture capital segments. Buy-out refers to mid-market, private company investments in more traditional industries that are undergoing a fundamental change in ownership, expansion or acquisition. Mezzanine investments are made primarily through subordinated debt or preferred shares. Venture capital investments typically involve new or young companies in innovative industries (technology, life sciences, media/communications). Venture capital investments may also involve late-stage investments in companies with established technology or concepts that require capital to expand production, marketing and sales.

Private equity lawyers in this area may include assisting with the formation of investment funds, typically limited partnerships, which raise capital to invest in portfolio companies. Private equity lawyers tend to have significant tax, corporate finance and general corporate expertise. Similarly, there may be a role in this practice for assisting with the financing by private equity funds or investors in portfolio companies.

Please note that the Lexpert directory has separate practice area pages for:

• Corporate tax lawyers
• Mid-market general Corporate lawyers
• Project finance lawyers
• Mergers and acquisitions lawyers

Are private equity funds regulated in Canada?

Private Equity

Private equity is a new type of investment wherein investors primarily buy shares in non-public companies (or privately held companies). In here, usually with the assistance of private equity lawyers, investors in partnership with private equity firms invest in companies with goal of either to increase their net worth, or to withdraw such value before selling the same shares or investment after a certain period, usually after 7 to 10 years. Before such withdrawal, investment profits may be distributed to the investors after several years.

Private Equities Deals

There are various types of private equities deals, and private equity lawyers are at the forefront in perfecting these deals. They prepare contracts, which may include provisions on profit-sharing, delineating the rights and obligations of both parties, the grounds for rescinding said contract, penal or civil damage clauses for any breach, and possible alternative dispute resolution clauses.

These types of private equities deals are:

Private equity lawyers for buy-outs

Buy-outs, which may also be in a form of mergers or acquisitions, occur when investors acquire an entire – usually underperforming – company. Companies that may be subject to a buy-out are not limited to private or closely held companies, but also to publicly owned companies. When successful, private equity investors or firms tend to change management structures and operations to ensure the success of the invested business, while securing the growth of their investments.

Private equity lawyers for venture capital projects

In venture capital, investors provide capital financing to a startup, or to a small and medium enterprise (SME), when it is shown that such business has a potential for long-term growth and expansion. In turn, investors acquire equity and voting rights as shareholders in the supported company. When pursuing a venture capital, private equity firms may partner with other investors, such as banks and other financial institutions, to come up with the private equity funds to support these startup companies or SMEs.

Private equity lawyers for mezzanine financing

Mezzanine financing is a mixture of debt restructuring and private equity, wherein venture capitals or other loans of a company are turned into equity interest in case the company defaults on its private equity or other loan payments.

It may also occur in a case where the company would want to expand its operations, thus, offering to its senior lenders a mezzanine financing deal to fund its expansion. Another way of doing mezzanine financing is paying the earlier venture capitals and other older loans, and to offer mezzanine financing to some other investors.

In sum, whenever a company would want to acquire additional capital, or when an investor through a private equity firm wishes to acquire new companies or lend them capital through any of these private equity deals, private equity lawyers can help either party to come up with a deal that is most beneficial for both.

Private Equity Regulations in Canada

Private equity lawyers ensure that either the private equity firms, or the investors, and the recipient companies comply with the regulations on investments made to Canadian companies.

Competition Act

Under the Competition Act, certain amounts of investments which reach or exceed the threshold amounts, which is yearly set by the Competition Bureau, will be reviewed by the concerned government agency. The review will commence through a pre-closing notification (or pre-M&A notification) to be filed before the Competition Bureau. This filing is required of the parties to do such investment and the investment will not be fully completed until the end of the review.

Investment Canada Act

Aside from the review under the Competition Act, the Investment Canada Act also requires investment reviews in cases where non-Canadian or foreign companies or individuals invest in Canadian companies or corporations. The amount thresholds for this review are annually published in the Canada Gazette for public circulation.
 

In addition, the amount thresholds for review may depend on whether the Canadian business which accepts the investment is publicly or privately owned, and whether the investing foreign company’s country is one of those which has a trade agreement with Canada.

Under the two Acts, private equity lawyers can assist both the investing and the recipient company to become compliant with the law and prevent any legal brushes against the authorities. Having extensive knowledge of other investment laws and corporate laws, private equity lawyers can lend a hand both in dealing administratively with these agencies, and at the same time overseeing the investment transactions of these companies from the legal perspective.

Who regulates private equity in Canada?

The Investment Industry Regulatory Organization of Canada (IIROC) is the agency responsible for regulating investment deals in Canada, which includes private equity investment. Generally, the IIROC regulates deals and trading activities in the country’s debt and equity sector and operates under the Canadian Securities Administrators (CSA) which is the organisation of all security regulators from the provinces and territories.

Recent development in the IIROC is its merger with the Mutual Fund Dealers Association of Canada (MFDA) to form the New Self-Regulatory Organization of Canada (New SRO). The New SRO has assumed all regulatory powers of both the MFDA and the IIROC.

How is private equity taxed in Canada?

Taxation laws that apply to private equity in Canada may be divided into two – tax incentive schemes to encourage investments in unlisted companies in Canada under the Income Tax Act (ITA); and charging investment transactions with withholding and capital gains tax.

The following are some of the tax incentive schemes applied to private equities in Canada:

• Canadian-controlled private corporations (CCPCs) have a lower tax rate on their first net income in the amount of $500,000; and
• CCPC's expenditures relating to research may be applied for refundable investment tax credits.

As for tax impositions, below are the tax rates applied to equity and debt financing, which can generally be reduced by a tax treaty when applicable:

• Withholding tax of 25% for the dividends paid by Canadian corporations to non-resident shareholders;
• Dispositions of "taxable Canadian property" (TCP) by non-residents of Canada are subject to capital gains tax;
• Withholding tax of 25% for interests paid to non-resident investors.

Is private equity a big industry in Canada?

The private equity industry in Canada has been growing over the past years, even after the onset of the COVID-19 pandemic. Private equity investments have expanded from the conventional markets of private companies to current ones such as pensions funds, banking sector, public entities, energy sector, and labour-sponsored funds.

Want to know more about private equities in Canada? Head down to see the list of the best private equity lawyers in Canada as ranked by Lexpert.

Best Professional liability lawyers in Canada as ranked by Lexpert 

The practice area of professional liability lawyers is generally understood to comprise the provision of advice and representation in civil proceedings alleging damages resulting from the negligent provision of professional services. The scope of this section encompasses all manner of professionals, including lawyers, notaries, insurance agents and brokers, real estate professionals, accountants, architects and engineers, directors and officers, actuaries, and stockbrokers. 

Please note that this practice area does not pertain to MEDICAL NEGLIGENCE matters, which are dealt with elsewhere. However, regulatory matters involving doctors, nurses and other medical professionals may arise in this practice area. 

Please note that the Lexpert directory has separate practice areas for: 

• Medical negligence lawyers 

• Personal injury lawyers 

• Long-term disability lawyers 

What is professional liability Canada? 

Professional liability attaches to a person who, while rendering professional services for another person, has caused damage or injury to that said person. This includes deliberate acts which may show signs of malice and criminal intent; negligent acts or torts of negligence when the professional has not exercised the standard of care expected of him/her; and even omissions such as when the professional refused or has not acted in a timely manner. 

What professional liability lawyers work on 

Working for the alleged negligent professionals as the defendant, or for the injured client as the plaintiff, encompasses the work of professional liability lawyers. As a counsel for the plaintiff, the professional liability lawyers have the expertise of establishing convincing evidence in support of the four elements of negligence to hold the defendant liable for damages in favor of the plaintiff.  

On the other hand, as a counsel for the defendant, professional liability lawyers would in turn ensure that the elements of negligence have not been sufficient, or to set up defences that would negate the professional liability, such as the exercise of due diligence during the alleged negligent act, professional liability limits, or that there has been contributory negligence on the part of the plaintiff to at least minimise the liability of the defendant. 

Preventive measures taken by professional liability lawyers 

As a preventive measure, professional liability lawyers may also work with their clients in accessing professional liability insurance plans to protect them should they find themselves on the verge of being charged with a case for damages due to negligence. In addition, professional liability lawyers may also resort to any of the different methods of alternative dispute resolution to resolve an issue between the professional and the injured party to prevent a litigation from happening between the two. 

Under their respective ethical codes or codes of practice, a professional may also be charged with administrative sanction arising from the same alleged negligent act of a different civil case. In this regard, professional liability lawyers are also knowledgeable on ways to defend clients against such administrative cases. 

What is the Canadian tort of negligence?  

Since there is no single federal statute governing torts or negligence, it is mostly governed by common law, provisions of other federal laws, and provincial and territorial laws; except for Quebec, whose tort law may be sourced out from its Civil Code. Hence, Canadian laws on tort of negligence may differ from each provincial or territorial jurisdiction. 

Generally, a tort is a civil wrong attributable to the wrongful acts by a person – called tortfeasor – that causes harm or damage to another person – called injured party – which the tortfeasor may be held legally responsible through the institution or filing of a civil case for damages. 

Types of Damages 

In Canada, the type of damage which can be recovered by the injured party from the tortfeasor, when awarded by the court, may be divided into two categories: (1) compensatory damages, and (2) non-compensatory damages. 

1. Compensatory Damages: This can be divided into General Damages or Special Damages, where the former is the non-monetary damages suffered by the injured party, and the latter compensates the injured party for their actual financial damages; 

2. Non-Compensatory Damages: This is also non-monetary compensations, and may be divided into:  

1. Punitive Damages when courts want to punish tortfeasors when their acts have been gravely shocking to the conscience of people;  

2. Aggravated Damages when courts want to compensate the injured party due to the intense mental and social stress they have suffered, and;  

3. Nominal Damages when courts would still want to award minimal awards even if there is only slight inconvenience suffered by the injured party or that they have not proven any substantial loss.  

Intentional Tort and Unintentional Tort (Tort of Negligence) 

Intentional torts are contemplated and deliberate acts of the tortfeasors against the injured party. Normally, this type of tort arises from criminal acts as defined in Canada’s Criminal Code, and a civil action may be instituted to recover damages as a result of this criminal act. These may also arise not just when there’s physical or mental damage, but also from acts which causes damage to another’s property. 

Some examples of criminal acts which may give rise to intentional torts are physical assault, false imprisonment, sexual harassment, defamation, among others. The provisions of Criminal Code under Sections 219-221 also provide for the specific crimes on criminal negligence. 

Unintentional torts, which may also be referred to as tort of negligence, are wrongful acts resulting from the negligence or carelessness of a tortfeasor, thus causing unintentional damage to the injured party. This is based on the principle that every person is obliged by law to exercise due diligence and caution in the exercise of their rights, in the performance of their duties, or basically in everything they do. As such, this “due diligence” expected of every person is measured through the eyes of a “reasonable person” and is tested in a case-to-case basis. 

How do you establish negligence in Canada? 

There are four elements that the plaintiff must prove to establish negligence in Canada (except for Quebec, where negligent acts must be referred to its Civil Code). These elements can be applied whether the negligent act occurred in the exercise of the tortfeasor’s professional duties, or when persons acted in their private capacity. 

1st element – Presence of Duty 

There must be a presence of duty between the tortfeasor and the injured party, such as the duty of the former to ensure the safety of the latter. This duty need not be in a written contract and may also arise from an implied or unwritten contract. 

2nd element – Breach of Duty 

When the duty between the two parties has been established, there should be proof that it was breached by the tortfeasor. Here, negligence on the part of the tortfeasor can be alleged to be the reason why such breach occurred. 

3rd element – Causation 

The injured party then must establish that there is reasonable causation – or connection – between the injuries he/she has sustained and the breach of duty by the tortfeasor. Here, the “but for” rule is usually applied. The rule states that the plaintiff must establish that there would not have been any injury but for the tortfeasor’s breach of duty. 

4th element – Damages 

Lastly, the injured party must present evidence of the damages that he/she has suffered, which should be reducible to a monetary value. 

Want to more about negligence, torts, or professional liability? Scroll down to see the best professional liability lawyers in Canada as ranked by Lexpert. 

Best Project finance lawyers in Canada as ranked by Lexpert

The practice area of project finance lawyers may be defined as non-recourse or limited recourse financing in which debt, equity and credit enhancement are combined for the construction and operation or refinancing of a particular facility in a capital-intensive industry, in which lenders base credit risk and recourse on the asset value and projected revenues from the facility combined, in some cases, with limited sponsor support, rather than the general assets or credit worthiness of the sponsor.

Please note that the Lexpert directory has separate practice area pages for:

• Property development lawyers
• Property leasing lawyers
• Construction lawyers

What is project finance?

Project finance is a financial structure where a creditor funds or finances a long-term project owned by a debtor, which is to be paid using the income to be generated by the funded or financed project. This may be done either through a non-recourse financial structure, or limited recourse financial structure.

In a non-recourse project finance, in case of the debtor’s default, the creditor may only foreclose the collateral provided by the debtor and cannot go after the debtor’s other properties if the foreclosed property does not wholly satisfy the amount of the debt. While in a limited recourse project finance, the creditor may proceed with some, but not all, of the other properties of the debtor.

Hence, a project finance’s financial structure depends on the future income of the funded project, and not on the creditworthiness of the debtor as in the case of other loan structures.

In Canada, owing to these characteristics of a project finance, it is usually used in funding long-term projects such as public infrastructure, industrial, and public utility projects such as education, recreation, transportation, healthcare, cultural, and energy projects.

What does a project finance lawyer do?

When entering a project finance contract, a project finance lawyer provides extensive services for any of the parties involved in the contract – the debtor, creditor, insurer, contractor, among others.

The project finance lawyer would primarily be involved in the drafting and negotiating of the contract on behalf of the client, and even up to its restructuring if there would be necessary and consensual changes to it, since most project finance is usually used for long-term projects and adjustments may have to be made during the project implementation.

Because some project finance contracts may involve a public-private partnerships (PPP), a project finance lawyer may also represent the government sector.

What is the difference between project finance and corporate lending?

Project finance and corporate lending/finance are both financial structures which are generally dependent on debts and loans to fund the financial needs of a debtor. However, there are some differences between the two.

As such, it is better to seek the advice of a project finance lawyer to check whether project finance or corporate lending is the best financial structure for a loan or debt. You will find a list of the best project finance lawyers in Canada below.

Purpose of project finance vs. corporate lending

Usually, corporate lending or financing is resorted to by a debtor-company to start-up their business by setting up their capital, putting up funds for the operations, and other needed financial structuring to initially run the business. However, project finance is used by a debtor-company when it has a distinct project (or expansion) in mind which needs capitalisation.

Basis for Approval

For a debtor-company to avail a loan under the corporate lending or financing, it must show that there are minimal risks involved and that the company’s assets are sufficient to cover the loan or debt if the debtor-company would default on its payments.

In contrast, under a project finance, the debtor-company will be judged by the creditor based on if it could show that the specific project’s projected revenues are adequate to answer for the loan or debt.

Security or Collateral

In corporate lending or financing, any or all of the assets of the debtor-company may be held as security or collateral to the loan or debt. In addition, when a company declares bankruptcy under a corporate finance structure, the creditor may also proceed against these assets as a secured creditor.

While in project finance, it is usually the debtor-company's assets and cash flows in the project that is offered as security or collateral, although, as stated above, it may also be done through a non-recourse financial structure or a limited recourse financial structure. This results in a “ring-fenced” arrangement, which limits the creditor’s claim over the rest of the properties of the debtor-company, having been excluded from the project that the creditor has financed.

Risk and Amount of Loan

When problems arise in the debtor-company's operations, it would have great effect on its capability to pay the corporate financing it acquired, since what has been loaned for and the company operations itself are herein merged.

This is not the case in project finance, since the project funded by the loan is “ring-fenced” against the other projects of the debtor-company and the debtor-company itself. It also follows that the amount of loan would depend on the risk – the higher the risk, the lower the approved amount of loan or debt would be, and the other way around.

Who regulates financial services in Canada?

Numerous agencies regulate financial services in Canada. One of which is the Financial Consumer Agency of Canada (FCAC), the federal government agency which regulates banks and other financial institutions, such as trust and loans companies, retail associations, and insurance companies.

The FCAC may also receive complaints against the improper practices of these financial institutions according to legislations, code of conducts, and other public policies. Thus, debtor-companies under a project finance scheme, through their project finance lawyer, may check with the FCAC if the creditor it transacts with is regulated and compliant with such regulations.

In connection with the FCAC, a project finance lawyer also coordinates with the Office of the Superintendent of Financial Institutions (OSFI), which also regulates banks and other financial institutions, but specifically sees the financial stability of these institutions. Depending on the specific sector which a project belongs to, and if it’s under a PPP, federal and provincial or territorial government departments may also be involved in the regulation, although not specific to financial services, but in other matters which all parties to a project finance contract must consider.

What is the Canada Infrastructure Bank Act?

In relation to PPPs, the Canada Infrastructure Bank Act established the Canada Infrastructure Bank (CIB), a Crown corporation which invests in PPPs, such as public infrastructure and industrial projects. The CIB also accepts investments from the private sector in support of such PPPs. As such, the CIB partners with the different level of public entities in the federal, provincial, territorial, municipal, and Indigenous government, including the private investors through a project finance lawyer, on the prioritisation of PPP projects and on its implementation.

Interested in entering a project financing contract for your business? Seek the advice of the best project finance lawyers in Canada by heading down below to our Lexpert Ranked list.

Best Property development lawyers in Canada as ranked by Lexpert

Property Development lawyers work is a broad practice area which, for purposes of the Lexpert Directory, is broken down as follows:

Commercial, retail and residential real estate financing and development work covers all aspects of real property transactions, including land acquisitions, site assembly, dispositions, financing structures and negotiations, joint ventures, partnerships, syndications, initial lease-ups, institutional investments including pension funds and REITs, condominium work (registration, bylaws, enforcement, annual meetings, unit purchases and sales, etc.), and issues relating to the enforcement of real estate security.

Please note that the lexpert directory has separate practice areas for:

• Property leasing lawyers
• Construction lawyers

What laws are property development lawyers concerned with in Canada?

When a person buys, uses, or sells his or her property, or basically does anything with regards to that property, it will be covered by the legal system of laws and regulations on property rights. In sum, this is called Property Law.

Property Law, in general

Property Law is the set of laws which governs the relationship between a person or a corporation – called the property owner – and their property. This law primarily governs the rights of the property owner, which may include, but are not limited to, the right to enjoy or use the property, the right to sell it when the owner pleases, or the right to recover it in situations where it has been unlawfully restrained against the property owner by another person.

These rights attach the moment that the property owner acquires or buys the property, or even when the said property owner acquires interest over the said property in any other capacity other than being an owner, such as in a lessor-lessee relationship, mortgagee-mortgagor arrangement, or in a property owner and real estate developer contract, among others.

In regulating property rights, the state creates laws and enforces regulations based on these laws which are mostly prohibitions imposed against either the property owner with respect to his or her rights, or against other persons with respect to the rights of another as a property owner.

Property Law in Canada

Property development lawyers in Canada are generally concerned with laws othat are governed by both federal and provincial jurisdictions.

• The federal government has jurisdiction over property infrastructures, especially with public properties and on other matters which has an element of public ownership with it;
• on the other hand, the provincial governments enact and enforce laws on property development, and the is tasked with the collection of taxes levied on properties.

These laws at the federal and provincial level are in addition to the precedents or laws found in common law.

As for federal properties, the governing law is the Federal Real Property and Federal Immovables Act, which is regulates the disposition or leasing of federal real properties or federal immovables (personal property). In addition, the Act also governs the licencing of federal real properties or federal immovables.

Legislations and common law may have for its subject the different kinds of properties in the legal sense, namely, real properties, personal properties, and intellectual properties. While both personal property laws and real property laws are mostly made up of common law in addition to provincial legislations in Canada, intellectual property laws are governed by different laws such as the Patent Act, Trademarks Act, Copyright Act, and Industrial Design Act.

What laws govern commercial property development in Canada?

This legal system mentioned above, which is a combination of federal or provincial legislations and common law governing properties in Canada, also applies to the industry of commercial property development. Hence, property development lawyers apply different jurisdictional laws specific for commercial property or real estate development.

Commercial Property Development

The business of commercial property development may refer to the series of transactions in the life of developing a real property (a land, most of the time) for it to become useful and generate income. Thus, it covers a wide range of business transactions, such as:

• Financing
• Buying
• Selling
• Developing
• Leasing

Thus, property development lawyers are knowledgeable on the legal technicalities of these different transactions in guiding clients and to substantially comply with state regulations.

Furthermore, the laws on contracts based on common law (and the Civil Code for Quebec) will heavily apply to this industry. This is because in doing these transactions, entering contracts with the other party will always be its first step. For this matter, property development lawyers may assist clients with the preparation of contracts until its consummation and perfection. Property development lawyers may also represent any of the parties in a commercial property engagement – the financer or investor, developer, contractor, insurer, property owner, lessors, etc.

Financing

Developing a property starts with the acquisition of investments and capital funds to commence the project, and numerous laws may apply in this transaction. Canadian laws do permit foreign entities to provide investment to Canadian property development projects through legal entities such as corporations or partnerships. Hence, these legal entities would be subject to respective laws applying to each entity (e.g., corporations are governed by the Canada Business Corporations Act, the Competition Act, etc.). Property development lawyers are knowledgeable on these overlapping laws on investments and financings to help clients acquire or put-up investments in Canada.

Buying or Acquisition

When a party buys or acquires a real property for the purpose of a commercial property development project, the transaction would be governed by common law principles on the laws on contracts. In addition, property development lawyers may also help parties in complying with federal and provincial taxation laws, such as transfer taxes, withholding taxes for foreign investors, Goods and Services Tax (GST), Harmonized Sales Tax (HST), provincial sales tax, capital gains tax, among others.

Foreign Ownership

When property development transactions involve a foreign investment, or when the subject real property is to be owned by a foreign entity or personality, the provisions on notification or review of a federal regulating agency as those found in the Competition Act and Investment Canada Act may apply.

At the provincial level, Section 35 (1) of the federal Citizenship Act authorizes the provincial government to restrict any ownership of foreign persons or corporations with respect to real properties in the said province. Thus, property development lawyers must be consulted should any of these Acts apply to a property development project to prevent its violation.

Which government regulates property in Canada?

Property development lawyers can specify which government (either federal or provincial), which law, and which regulating body must be coordinated with for a commercial property development engagement.

Generally, regulation of Canadian properties – specifically real properties – are among the jurisdiction of the provinces. These provinces may provide for the specific system for land use through legislations and regulations, such as specific areas that are available for real property development.

Engaged in the business of commercial property development? Scroll down for the list of the best property development lawyers in Canada for any of your inquiries and consultations.

Best Property leasing lawyers in Canada as ranked by Lexpert

A property leasing lawyer’s work is generally understood to incorporate the provision of advice in all aspects of leasing transactions and commercial leasing disputes to property owners, developers, tenants or property managers in the shopping centre, retail, office, mixed-use and industrial space leasing sectors.

This can include: drafting or adapting standard form leasing documentation and related agreements such as tri-party agreements, renewal agreements, air-space subleases and lease-leaseback arrangements in respect of newly constructed or existing buildings; property management; lease enforcement, insolvency, lease renegotiation, lease portfolio restructuring as well as lease takeover and sublease transactions; tax aspects of leasing transactions; environmental compliance aspects of leasing transactions; and the negotiation and drafting of ground leases for financing, joint-venture or long-term capital appreciation purposes.

Please note that the Lexpert directory has separate practice area pages for:

• Property development lawyers
• Project finance lawyers
• Construction lawyers

What does a property leasing lawyer work on?

Generally, a lease is a contract between a lessor (the owner who leases out their property; also called a landlord) and a lessee (the one who leases or rents; also called a tenant) where the latter pays the former a sum for the use of the property, for a determinable period of time.

In this contract, various considerations are agreed upon, such as:

• the terms of payment, including the amount of lease and the manner of payment;
• the initial requirement on security deposit;
• the terms on preservation or taking care of the property, including repairs and maintenance expenses;
• the arrangements on tax payments;
• the penalty clauses or liability clauses;
• among any other terms which the lessor and the lessee deem important.

Property Leasing

As a lease contract may either pertain to a real property (also known as immovable property) or a personal property (also known as movable property), property leasing usually refers to the lease of a real property, such as land or building. When parties enter in a property lease contract, especially for large transactions involving huge amounts of financial obligations, a property leasing lawyer may represent either party, starting from its negotiation and crafting until its perfection and consummation.

There are two types of property leasing contracts based on the nature of the real property being leased – residential or commercial. The difference between these two is that while residential leasing contracts are hardly regulated, commercial leasing contracts are mostly regulated by provincial laws because of its public nature. Nevertheless, both kinds of property lease contracts, just like any other contract, are governed by the general principles of contract laws.

Currently, there is no federal law which governs leases in general, or leases of commercial property. Thus, Canadian common law is the first set of law which would apply, in addition to the general principles of contracts and some federal laws which may affect leases in some other way.

However, some provinces have enacted statutes that may cover property leasing contracts. As to specific applications, a property leasing lawyer can determine which law would govern the parties’ lease contract, depending on the jurisdiction and its contents.

Principles of Contract Law

In most provinces and territories of Canada, the principles of contract law are found in common law or case law, except for Quebec, whose contract law is governed by its Civil Code. Although, these principles and the Quebec Civil Code provisions may be similar with each other, or there would be counterpart provisions of these principles in the Quebec Civil Code. A property leasing lawyer can explain these principles further, but the most common ones are the following.

Contract is Law between Parties

The common and the most important rule in contract law states that a contract is the law or the legal bond between the parties. This means that any stipulation included in the contract will bind the parties once it has been agreed upon or has been consented to. As such, legal interpretations (sometimes called “statutory construction”) of contracts are important to understand what a party consents or agrees to, and a property leasing lawyer may be consulted with before entering a lease agreement for this purpose.

In addition, this rule carries with it the sanctions and legal consequences when a contract has been breached by any of the parties, according to their contract’s penal or sanction clauses.

Freedom to Stipulate

Parties are free to stipulate or agree on the terms and conditions of their contract, and when a party does not agree with a term or condition, they can reject said contract or push for further negotiations. As a presumption, what has been included in the contract are consented by the parties without undue influence, fraud, intimidation, or any other gross infirmities.

The only limitation to this rule is that parties may not agree on an illegal stipulation, or those which are in contrary to Canada’s Criminal Code, generally accepted ethics, civil law, and public order. When such prohibited stipulations are included in a contract, these are rendered null and void and may not be invoked by any party of the contract.

Duty to Negotiate in Good Faith

In coming up with the terms and conditions of a contract, or commercial lease contract for this matter, parties are expected to negotiate in good faith. This means that there should be willingness to discuss and even concede with the other party’s terms, whenever necessary. Usually, negotiations are handled by the party’s property leasing lawyer to effectively secure their rights and ensure success in the negotiations.

Duty of Honest Contractual Performance

When a contract has been agreed already, parties are expected to faithfully and honestly comply with its terms. This means that, in a commercial lease contract for example, the lessee should promptly remit the agreed terms on payments, while at the same time the lessor should also respect any prohibitions imposed on them or do any added responsibility stipulated in contract (e.g., payment of taxes, clauses on repairs, etc.).

Is commercial rent taxable in Canada?

As a rule, when the lessor pays property and business taxes directly to the concerned municipality, these will not be subject to the Goods and Services Tax/Harmonized Sales Tax (GST/HST). However, percentage rents of commercial property leases, such as those in retail, which are usually paid by the lessee, are usually taxed in the same manner as the basic rent. For other taxation concerns, a property leasing lawyer can lead parties to the other specific taxation regimes that may apply to them.

Know more about the laws on leasing commercial property in Canada here.

Can a property leasing lawyer help me legally break a commercial lease?

The first consideration to legally get out (or “rescission” in legal terms) from a commercial lease contract would depend on the stipulations of the contract itself. Thus, it is important that rescission clauses in the contract are clear between the parties. Any ambiguity on the clause must be interpreted thereon with the assistance of a property leasing lawyer and must be resolved before the perfection of the commercial lease contract.

However, it would also depend on the type of commercial lease that parties entered. For example, for a fixed-term lease, a lessee may only rescind such contract after payment of the future payments due for the remaining term of the lease contract.

Interested in entering a property lease contract? Be assured of your rights by contacting the best property leasing lawyers in Canada by scrolling down below to our Lexpert Ranked list.

Best Maritime and Shipping lawyers in Canada as ranked by Lexpert

The work done by Maritime & Shipping Lawyers generally includes litigation work and solicitors’ work which may be described as follows: litigation work involves breach of charter-party disputes, cargo and bills of lading claims, general average claims, arrest of vessels and cargoes, marine insurance claims (including partial and total loss of ships), ship repairers' liability claims, collision, towage, salvage, environmental liabilities, arbitrations, personal injury, oil pollution liability, the enforcement of securities and applications for extraordinary relief such as injunctions and mandamus.

Solicitors’ work includes preparation of contracts for construction, purchase, sale, financing and charter of deep sea, coastal, fishing and pleasure vessels, flagging and registration, customs and licensing and preparation of carriage documentation such as contracts of affreightment, charter-parties and bills of lading.

Please note that the Lexpert directory has separate pratice areas for:

• Transportation lawyers for road and rail
• International trade regulation lawyers
• Commodity tax and customs lawyers

What laws do maritime and shipping lawyers focus on in Canada?

Transportation law is the general law which primarily governs the regulation of the transportation sector, whose application can be divided to three areas – air, land, and sea. These three areas have its respective laws, governing licensing procedures, standard conduct of operations, specific definitions of parties in a contract of transportation, their rights and obligations, offenses and penalties that may be imposed in a breach of contract or in cases of accidents, among others.

The laws on the transportation through the sea – called maritime law or admiralty law – are concerned with commercial and leisure shipping, and the persons or entities involved in a contract of carriage. As with the other areas of transportation law, the legal practice carried out by a shipping and maritime lawyer is intimately connected with contracts law and the law on torts and damages, such as when passengers are injured or death occurs, when goods are damaged or destroyed, and when these are coupled with alleged negligence on the part of the ship owners and their representatives.

A maritime lawyer does not only apply maritime law, but also applies public and private international law in instances when contracts of carriage include an international element (i.e., transporting goods or passengers from Canada to other countries, or vice versa).

Canadian Maritime Law

Generally, shipping and maritime law in Canada are governed by numerous federal statutes. These laws do not only apply to issues regarding incidents in the sea (namely, collisions), but also prior arrangements for shipping (e.g., registration and licensing, insurance, forging contracts of agency or carriage), and liabilities which might ensue arising from the relationship between any of the ship owners or charterers, shipbuilders or ship repairers, passengers, cargo owners, port authorities, stevedores, salvors, and agents or representatives of these parties. Thus, a maritime lawyer may represent any of these parties when litigations arise, or even when complying with federal statutes.

What regulations impact the marine and shipping lawyers in Canada?

A shipping and maritime lawyer is best consulted with regards to the specific applicable maritime law on any of the parties to a maritime contract, but some of the major ones are the following:

Canada Shipping Act, 2001

The Canada Shipping Act, 2001 (CSA 2001) covers most of the maritime activities in Canada, and some of its provisions are implemented by separate regulations, such as:

• Marine Personnel Regulations
• Vessel Pollution and Dangerous Chemicals Regulations
• Ballast Water Control and Management Regulations
• Environment Response Regulations
• Small Vessel Regulations
• Load Line Regulations

CSA 2001 mainly governs all commercial ships operating in Canada, except for those which are operated by the Canadian Forces or a foreign military force. Thus, the Act provides for the registration, listing, and recording of all vessels (Part 2); promotes the safety of the personnel, crew, and passengers of a shipping vessel (Part 3 and Part 4); and the rights and obligations of any party in case of an accident, casualty, or collision (Part 6).

The Act also aims to protect the sea as a natural resource through its provisions on preventing and responding to an oil pollution incident or any other pollution (Part 8 and Part 9). These are specifically directed for implementation by the Department of Transport and Department of Fisheries and Oceans.

Marine Transportation Security Act

The Marine Transportation Security Act (MTSA) is a federal legislation which seeks to protect or provide security to the maritime sector in Canada. Similar to CSA 2001, the MTSA does not only apply to vessels and maritime facilities operated by the Canadian Forces or a foreign military force.

Through the Act, the Minister of Transport is authorized to formulate regulations (Section 5), security measures (Section 6), and security rules (Section &) which are aimed at protecting the security of Canada’s maritime system.

Canadian Navigable Waters Act

Canada’s navigable waters are protected under the Canadian Navigable Waters Act (CNWA), previously known as the Navigation Protection Act (NPA). The CNWA enumerates the public navigable waters of Canada under the Schedule found in the Act, and protects these through various ways, such as prohibiting any construction, alteration, or decommissioning of any work in a navigable water (Section 3), or by ordering any obstruction to be removed by persons responsible for said obstruction (Section 14), among others.

Pilotage Act

The Pilotage Act regulates pilotage in Canada’s maritime industry, through the establishment of pilotage authorities (Section 3), and by empowering the Minister of Transport to issue licences or pilotage certificates according to the Act’s set eligibility criteria (Section 38).

What is Section 106 of the Canada Shipping Act?

Under Part 4 of CSA 2001, Section 106 provides for the general duties of an authorized representative with regards to ensuring the safety of their ship or vessel. An “authorized representative” is basically the ship or vessel’s owners, or in the case of a bare-boat chartered vessel, the bare-boat charterer.

Section 106 is important since it imposes liability upon these authorized representatives to ensure the seaworthiness of their ships or vessels, including the safety of its passengers and cargoes. The said Section also provides that authorized representatives are also responsible for the safety training of all its crew and passengers and ensuring that the vessel and its machinery are properly inspected as a condition to acquire the necessary maritime documents for its operation. Hence, as an authorized representative, it is highly important to consult with a maritime lawyer to comply with Section 106 of CSA 2001.

Who regulates shipping in Canada?

The maritime industry in Canada is mainly regulated by Transport Canada, along with the authority granted to it by the above-mentioned laws and regulations. Additionally, shipping and maritime law in Canada also provides for regulations of Canadian ports and its systems.

The Canada Marine Act established port authorities to implement policies and regulations concerning the regulation of these ports. A maritime lawyer can assist in dealing with these regulating authorities for compliance purposes or for any other transaction.

Why is Canada's marine industry important?

Canada’s maritime industry provides for substantial contribution to the Canadian economy, being one of the cheapest methods of transporting goods across national and international borders, connecting supply chains for other industries, and with the thousands of jobs that the industry generates. Canada’s marine lawyers are part of an important ecosystem of jobs that keep the country’s economy strong.

A shipping and maritime lawyer may help various actors of the maritime industry in a lot of ways. Head down below for the list of the best maritime and shipping lawyers in Canada.

Best Technology transactions lawyers in Canada as ranked by Lexpert

Technology lawyers focus on the development and finance of technology-based businesses. Technology lawyers are involved working with investors, start-up or later stage enterprises, venture capital investors, technology lenders and technology-oriented investment dealers in such matters as private and public financings; stockholder and employment matters; strategic alliances, partnerships and joint ventures; stock exchange listings; and mergers and acquisitions.

This often necessitates working closely over a long period with a technology business at all stages, from initial business and financial start-up plans to an IPO and beyond to such high-end matters as mergers and acquisitions or corporate governance.

Please note that the Lexpert Directory has separate sections for:

• IT & computer lawyers
• Intellectual property lawyers
• Telecommunications lawyers
• Life sciences and health lawyers

What are technology transactions lawyers working on?

Business transactions could encompass a lot of things regarding business-related activities or undertakings – from the “birth” of a business company, in running its usual or normal operations, until its eventual peak, or maybe up to its eventual corporate “death”. Technology transactions are no different, however, with some things unique as an emerging and growing industry.

Technology Transactions

Technology transactions is a general term which refers to all transactions, activities, and legal pursuits for the establishment or in running a business which has a component of technology with it. Thus, the work of a technology transactions lawyer may also refer to a wide range of services in line with this broad reach of technology transactions, involving any of the parties or entities therein, namely, the developers, the distributors, and the customers. Some of the areas or types of technology transactions are the following:

Financing

First among the areas or type of technology transaction is financing a start-up technology business. A technology business may pertain to a software or systems development company, hardware production business, IT company, tech-assisting or customer relationship company, among many others. It involves finding possible investors and engagement of capitalisation methods through borrowings and loans.

At this early stage, the legal practice of a technology transactions lawyer starts – where financing would entail the need to execute or enter contracts, participation in negotiations for its perfection, and interpretation of the legal clauses and terms for business owners.

Corporate Structuring

After financing, technology transaction now comes in through corporate structuring of the technology company. It involves forming the company system for the higher-ups, setting up company policies, establishing employee roles and responsibilities, etc. These may require transacting with government regulatory agencies for compliance purposes, and a technology transactions lawyer may assist technology companies with these processes.

Licensing

When technology companies create products, or acquire existing ones, it must license these products in accordance with federal laws, which may involve government or public entities, and according to international conventions whenever applicable.

Products referred here may include e-commerce or online business platforms; software which are heavily influenced by intellectual property (IP) licensing; or digital media and content, such as mobile applications, video games, music recordings, TV shows or movies, etc.

Agreements

In connection with licensing are licensing agreements with other technology companies for expansion and acquisition. Other agreements entered by technology companies may involve software development agreements; distribution arrangements; end-user license agreements; services agreements; collaboration and joint development agreements; among others.

With the specialisation of a technology transactions lawyer in this field and by relying on their services, clients entering into agreements are assured that their goals and interests are met or that they are not at the losing end in these agreements.

Intellectual Property (IP)

The bread and butter of technological companies are new and fresh ideas, products, and services offered for public consumption. These companies compete among themselves to race for the most updated and the most alluring trend nowadays. This is due to the fact that the internet-based and IT-influenced sector of technology is a fast paced one, and one must always be on their toes to keep up with it. Hence, intellectual property (IP) licensing and registration is an important part of technology transactions.

Whether it may be the company’s trademark, its patent, or a trade secret, a technology transactions lawyer may guide companies in registering these intellectual properties to be fully protected under the law from infringement.

Mergers and Acquisitions (M&A)

A growing trend among technology companies are mergers and acquisitions (M&A). When circumstances permit, especially among smaller start-up companies, a merger becomes the best option to grow their value and acquire resources not available to one when operating alone.

In some cases, acquisitions may occur where a mid or large technology corporation buys-out or acquires a smaller technology company. Here, the acquired company (usually the smaller one) would either retain its original entity and brand, or may adopt its buyer’s, depending on which is more advantageous. As such, a technology transactions lawyer may represent either company in going through the process of M&A, especially in complying with numerous and overlapping laws and regulations on M&A.

Litigation

Litigation or court actions under technology transactions may have different causes of action against the alleged offender. With regards to the court which has jurisdiction over the case, and the most applicable law granting the plaintiff the right to sue, it’s highly recommended to consult with a technology transactions lawyer. Below are the most common cases which are highly litigious in nature:

• Infringement of intellectual property (IP) rights
• Breaches of agreements and contracts
• Investment or financing breaches

What Canadian laws govern technology transactions?

Since Canada does not have a single federal legislation governing technology transactions, it is carried out and regulated by other fields or areas of law through federal statutes, and by common law.

Law on Contracts

Since most technology transactions involve contracts, it would necessarily apply the general principles and doctrines of contracts law found in common law for most provinces and territories, and in Quebec’s Civil Code. Generally, it would impose upon the parties to diligently accede to the terms of the contract, especially when it has been bilaterally and consensually agreed upon, and any breach thereof would constitute liability on the violator.

Intellectual Property (IP) Laws

Respective Canadian intellectual property (IP) laws may apply to technology transactions, such as the Patent Act, Trademarks Act, and Industrial Design Act. When inventions or new products are produced by technological companies, registration or licensing under these Acts may be pursued with the help of a technology transactions lawyer to afford these companies the legal protection against illegal use or infringement.

Commercial & Finance Laws

Different commercial and finance laws may apply in technology transactions. In a merger and acquisition, the Competition Act of Canada may have to considered since a merger or an acquisition may have to follow some procedures before it can be declared as a complete transaction. The provisions of the Canada Business Corporations Act (CBCA) may apply, especially with respect to the incorporation and corporate structuring of technology businesses.

Head down below for the list of the best technology transactions lawyers in Canada for any consultation or advice regarding your technology or IT businesses or transactions. Everyone below has reached Lexpert Ranked status.

Best Telecommunications lawyers in Canada as ranked by Lexpert

Telecommunications lawyers include a wide range of activities referrable to the regulated sectors of telecommunications, broadcasting and broadcast distribution. More precisely, it refers to activities regulated by the Department of Industry Canada pursuant to the Radiocommunication Act (and related regulations) and the Canadian Radio-television and Telecommunications Commission ("CRTC"), inter alia, pursuant to the Telecommunications Act (and related regulations).

Communications law is a term often used for practice related to activities regulated by the CRTC, inter alia, pursuant to the Broadcasting Act (and related regulations). Telecommunications lawyers advise companies whose activities are regulated directly by the CRTC and/or Industry Canada, as well as other companies whose activities might be affected by agency and department decisions. Communications lawyers tend to focus on licensing activity before the CRTC.

Other aspects of telecommunication law include telephone, telecommunications, online regulation and policy, telecommunications and multimedia, international negotiations and agreements. These governing statutes may be amended from time to time to include new forms of telecommunications.

Please note that the Lexpert directory has separate practice areas for:

• Data protection and privacy lawyers
• Technology transactions lawyers

What are the objectives of Canadian telecommunication policy?

The main objectives of Canadian telecommunication policy are to ensure the competitiveness and innovation of the telecommunications industry, and to provide for the needs of Canadians. These policies are enumerated in Section 7 of the Telecommunications Act.

Other objectives of the policy are to ensure the accessibility of a reliable and affordable telecommunications services for all Canadians; to ensure that regulations are relevant, efficient, and effective; and to contribute to the protection of privacy of Canadians.

What level of government is responsible for telecommunications in Canada?

Common law dictates that the telecommunications industry is subject to the exclusive federal jurisdiction and regulation, and not by the provincial or territorial legislation on the same matter. For this reason, the Innovation, Science and Economic Development Canada (ISED) is the federal government agency responsible for telecommunications in Canada.

What regulators do telecommunication lawyers work with?

Under the ISED, the Canadian Radio-television and Telecommunications Commission (CRTC) is the administrative tribunal which regulates the broadcasting and telecommunications industry in Canada. Since public interest is involved in this sector, the state is mandated to regulate such industry in behalf of and for the people.

The CRTC mainly implements the objectives of the Broadcasting Act, the Telecommunications Act, and Canada’s Anti-Spam Legislation. This is done through the CRTC’s licensing powers; review of mergers and acquisitions, or changes of ownership of a broadcasting and telecom entity; and by approving tariffs and other impositions on these entities. A telecommunications lawyer may represent both plaintiffs and clients around these laws.

Generally, the CRTC regulates broadcasters, such as TV, radio stations (both AM and FM), and telecom carriers (e.g., telephone companies). However, not all entities of the industry are regulated by the CRTC. The Commission’s regulating powers excludes newspapers and magazines. It also does not dwell on the artistic quality and the content of TV and radio programs, since these are based on the TV and radio’s creative processes. The retail rates for most communication services are also outside the jurisdiction of CRTC.

What acts do telecommunications lawyers need to be aware of?

There are three main pieces of legislation which regulates the telecommunication and broadcasting industry in Canada, namely, (1) the Telecommunications Act 1993, (2) the Broadcasting Act, and the (3) Radiocommunications Act. For more details and further specifications of each Act, it may be referred or inquired from a telecommunications lawyer, who has the expertise on the field of telecom and broadcasting industry.

(1) Telecommunications Act 1993

The Canadian Telecommunications Act (Telecom Act), which was enacted in 1993, is the Act that regulates telecommunications in Canada. Under the Telecom Act, “telecommunication” is the emission, transmission, or reception of any information or data, through an electromagnetic system, or a similar one (Section 2(1)). With this definition, the Telecom Act regulates all telecom entities in Canada, except for broadcasting activities which are regulated by the Broadcasting Act. Common law has also included internet service providers (ISPs) to be regulated by the Telecom Act.

Section 7 of the Telecom Act provides for the Canadian Telecommunications Policy, and these policy or statutory objectives are under the CRTC’s power to implement, as provided in Section 47 of the same Act. According to Section 24 of the Telecom Act, tariffs may also be imposed by the CRTC on any service by telecom carriers. While retail rates are not included in the regulatory powers of CRTC, the said Commission is empowered by the Telecom Act, through Section 27, to regulate other rates charged by telecom entities, such as wholesale prices it offers to resellers and other competitors.

(2) Broadcasting Act

The Broadcasting Act of Canada regulates the broadcasting of telecommunications and provides for the role of CRTC with regards to broadcasting to ensure that its contents align with the needs and interests of all Canadians. The Act is mainly divided into four parts:

Part I – General

Under Part I, the Act defines “broadcasting” as any transmission of programs by radio waves or other means of telecom directed to the public, whether such transmission is encrypted or not. Section 3 therein provides for the Broadcasting Policy of Canada, and Section 4 provides for the specific application of the Act.

Part II – Objects and Powers of the Commission in Relation to Broadcasting

The Part II of the Act establishes the powers of the CRTC with respect to the regulation and supervision of the Canadian broadcasting system in relation to the Broadcasting Policy of Canada under Section 3.

Part III – Canadian Broadcasting Corporation

Part III permits the continuation of the Canadian Broadcasting Corporation (CBC), being the public broadcaster for both radio and television in Canada. The same Part also provides for the CBC’s incorporation, the roles of its officers, and other necessaries for its operation, in the pursuit of the journalistic and creative freedom granted to CBC.

Part IV – Related and Consequential Amendments, Repeal, Transitional and Coming into Force

Other provisions as to the methods of amendments and repeal, transitory provisions, and enforcement provisions are provided in Part IV.

(3) Radiocommunications Act

The Radiocommunications Act governs the licensing, regulation, and certification of all radio equipment or radio communications equipment in Canada. Through the Act, the Minister of Industry is granted regulatory authority over the subject matters listed in Section 5 of the Act.

Several prohibitions are also included in the Act, such as the prohibition against the installation, operation, and possession of any radio apparatus without authorization (Section 4(1)); prohibition against the transmission of false or fraudulent messages (Section 9(1)(a)); prohibition against the interference or obstruction of any radiocommunication without any lawful excuse (Sectio 9(1)(b)); among others.

Which Canadian law states that stealing telecommunications service is illegal?

In addition to the regulations imposed by numerous legislations mentioned above, the Criminal Code of Canada defines other offences with regards to telecommunications. Under the provisions of Theft, Section 326 prohibits theft of telecom service, and Section 327 prohibits the possession of device to obtain use of telecom facility or service.

Theft of telecom service under Section 326 may be committed by any person who, without any right or colour of title, does any of following:

• by consuming, causing or using electricity or gas to be wasted or diverted; or
• by using any telecom facility or obtaining any telecom service.

On the other hand, theft of the use of telecommunication facility or service under Section 327 may be committed by any person who – without payment of charges imposed by law or by the regulatory bodies, and without any lawful excuse – manufactures, possesses, sells, or offers to sell or distributes any instrument or device which is primarily used to obtain any telecom facility or service.

Under both crimes, the accused has the burden of proving that he/she has the colour of right to do any of the acts prescribed to extinguish his/her liability.

For further information on telecommunications, head down below for the list of the best telecommunications lawyers in Canada as ranked by Lexpert.

The practice of Transportation (Road & Rail) law is generally understood to encompass a broad spectrum of functions, including licensing regulation and licensing applications in Canada and the US, advising on transportation contracts, advising on Canada customs and US customs matters, acting in relations to the national and international transportation aspects of mergers and acquisitions; National Transportation Agency filings; and advising with respect to the transport of environmentally sensitive or dangerous goods and hazardous wastes.

Best Workers Compensation lawyers in Canada as ranked by Lexpert

The practice area of a Workers’ Compensation lawyer is generally understood to include advising with respect to rate classifications and calculations, cost containment, claims management and providing representation at hearings and appeals.

Please note that the lexpert directory has separate practice area pages for:

• Employment lawyers
• Labour relations lawyers
• Labour relations lawyers for the construction industry
• Pensions and employee benefits lawyers
• Workplace human rights lawyers

How is workers’ compensation handled in Canada?

When an employee or a worker becomes injured, disabled, or becomes ill, and is unable to work for a period, workers’ compensation comes in to provide the said worker some benefits or indemnity to him/her in this unprecedented circumstance.

Workers’ compensation, in general

Workers’ compensation generally provides cash benefits, healthcare benefits, back-to-work assistance, or other benefits to workers who, during the performance of their jobs or because of an accident in the workplace, would suffer an injury, illness, or becomes temporarily disabled.

It would usually fall under the benefits to be provided by the employers; hence, the monthly premiums are paid by them. However, the manner of payment, the amount of premiums paid by employers, the benefits to be received by the employee, and any other matter, would depend on the laws and regulations of the country.

To guide parties herein – either the private or public insurance-provider, the employer, or the worker – lawyers in this field may be sought out, specifically, a workers’ compensation lawyer.

Workers’ compensation lawyer’s work in Canada

In Canada, the regulation of workers’ compensation is mostly exercised by the provincial government as to private sector, and by the federal government for the public sector and those which are specifically federally regulated businesses or corporations.

As a result, each province has enacted its own set of regulations with regards to the registration, calculation of premiums, management of funds, disbursement of benefits, and among others, relating to workers’ compensation. That is why it’s important to consult with a workers’ compensation lawyer since these provincial laws may have specific differences, although the principles may be common to most.

Worker’s Compensation Boards (WCB)

Each province in Canada has its own Workers’ Compensation Boards (WCBs, the link takes you to a list of each province), which are independent with each other with regards to its management or operations, since these WCBs are empowered by different respective provincial legislations. At its inception, a business is then required to register with appropriate WCB, subject to investigations and penalties when not complied with.

Private employers across the provinces are required to pay premiums which are consolidated into a common fund. These fund the WCBs itself and the workers’ compensation benefits granted to employees. This makes contributions or premiums to be mandatory, and employers may be sanctioned for its non-compliance. The specific amounts to be paid by the employers are updated regularly, which places the responsibility upon the employers to proactively coordinate with their WCB, and a workers’ compensation lawyer may help employers with these transactions.

Making a claim or an application for workers’ compensation are also done before the WCBs. Each claim or application may depend on the injury, illness, disease, or disability that a worker suffers from. However, these claims or applications may be denied by the WCBs because of fraud, improper applications or claims, criminal activity or offense, among others, and these grounds may differ from each province. In making such claim or application, both the employer and the worker may be assisted by a workers’ compensation lawyer to ensure that these are compliant with rules and regulations by the WCB and reduce the chances of its denial.

The WCB may also exercise quasi-judicial functions when it hears and adjudicates appeals taken from the denials of workers’ compensation applications or claims. These appeals are subject to the procedures of the specific WCB, which may include investigations to be conducted by the WCB’s sub-offices, conduct of a trial-like proceeding, or submission of arguments, etc. A workers’ compensation lawyer can help workers and employers with this regard, such as in preparation of necessary submissions for appeals, and in representations before these tribunals.

Aside from complying with these regulations, it is also the responsibility of the employer to prevent any workplace injury or disease from occurring by ensuring a healthy and safe workplace, assist employees in reporting injuries and illnesses before the WCB, and help employees who has already recovered to return to their work.

Government Employees Compensation Act (GECA)

Government employees working in federally regulated institutions are governed by the Government Employees Compensation Act (GECA), except for those working for the Canadian Forces or the Royal Canadian Mounted Police. Processing of compensation claims and applications, appeals, payment of benefits, and other kinds of support may be coursed through the Federal Workers’ Compensation Service (FWCS), which may partner with the respective WCB in the province.

In addition, under the FWCS regulations and other federal statutes, it is not only government employees who may use workers’ compensation, but also:

• Survivors of employees slain on duty
• Locally-engaged employees
• Merchant seamen
• Federal inmates

Are all Canadian workers protected by the Workers’ Compensation Act?

Generally, most employees are covered by workers’ compensation benefits. This is because most employers are required to register under the Workers’ Compensation Boards (WCBs) and are mandated to pay premiums for their employees. Some WCB may also require employers to register its “non-employees”, such as contractors or third-party employees.

However, there are employees exempted from this rule, such as those who are self-employed and are independent contractors. For them, they may opt to purchase private insurance which may be an equivalent to a workers’ compensation benefit.

For employees who are covered or not covered by federal or provincial laws on workers’ compensation, this may be referred to a workers’ compensation lawyer to ensure the business’ compliance on these laws.

What are the principles of the Workers’ Compensation Act?

Although operations and procedures of WCBs differ from each province, they all generally follow principles with regards to the workers’ compensations. These principles are based on the report made by Sir William Meredith in a study regarding workers’ compensation – hence, these principles being named as the “Meredith Principles”. This is essentially a compromise on the part of the workers in relinquishing their right to sue their employers in lieu of these benefits.

1. No-fault compensation – a worker will benefit regardless of who is allegedly at fault;
2. Security of benefits – establishment of a common fund to assure its sustainability;
3. Collective liability – all employers share responsibility for this common fund;
4. Independent administration – WCBs are independent from the government;
5. Exclusive jurisdiction – all matters regarding workers’ compensation is exclusive to the WCBs.

Do you have inquiries on workers’ compensation and its related matters? Head down to see the Lexpert Ranked list of the best workers’ compensation lawyers in Canada.

Best Workplace human rights lawyers in Canada as ranked by Lexpert

The work of Workplace Human Rights lawyers is generally understood to comprise the provision of advice and representation, whether by way of negotiation, judicial proceedings, alternative dispute resolution, mediation or arbitration, in all matters relating to discriminatory practices based on grounds that are, or are argued to be prohibited by various federal and provincial statutes, codes, constitutional protections and at common law. Mandates in this area also include the development of training programmes to enable legislative compliance.

Please note that the lexpert directory has separate practice area pages for:

• Employment lawyers
• Labour relations lawyers
• Labour relations lawyers for the construction industry
• Pensions and employee benefits lawyers
• Workers' compensation lawyers

What are the basic rights that workplace human rights lawyers help with?

Workplace rights in Canada is a combination of multiple rights, such as human rights, equality rights, labour rights and occupational workplace rights. While these rights may collectively be referred to as “human rights” (e.g., labour right is said to be also a human right), laws are enacted for each “right” to effectively enforce these rights.

Human Rights in the workplace

Human rights are the intrinsic rights of persons by the very nature of their being as a human. These rights are inalienable, which means that it cannot be taken away by another person or entity; and are universal, which also means that it is true among all persons regardless of what country or state they are in. Human rights are enforceable by every person against anyone who have, or may have, violated these rights, even against the state or the government.

Applied in the context of employment and labour, workplace human rights are a subsection of both labour rights and human rights which specifically provides for the rights of the employees, workers, or labourers in the context of employment, specifically in the workplace. A workplace may refer to the location where an employed person usually performs his/her duties, the location of the employer’s office, corporation, factory, etc., or the location of the project assigned to the employee for those who work remotely.

Workplace Human Rights Lawyer

When alleged violations against employees occur, it is the legal practice of a workplace human rights lawyer to either represent any of the parties (the employee or the employer).

First, said lawyer will have to determine whether there has been a violation at all according to Canadian laws. If there is, a workplace human rights lawyer may proceed with the different methods of alternative dispute resolutions and any other administrative remedies applicable to the parties to amicably or extrajudicially settle the labour dispute.

A workplace human rights lawyer may also use the provisions of the collective bargaining agreement on mediations or dispute resolution. Should all these remedies fail, it becomes the duty of a workplace human rights lawyer to represent the party before judicial courts.

Workplace Human Rights in Canada

Generally, human rights in Canada are governed by substantial federal and provincial laws, which at the same time accedes to treaties and international conventions on human rights, such as the Universal Declaration of Human Rights (UDHR), where Canada is a signatory of, among others.

The main federal laws where employment rights and human rights intersects are:

• Canadian Human Rights Act
• Employment Equity Act
• Canada Labour Code

These laws are complemented by provincial laws still on labour and employment. Due to the complexities of these laws and their regulations, the services of a workplace human rights lawyer may be necessary to further expound its provisions. A summary of these laws on its workplace human rights provisions are provided below.

Canadian Human Rights Act

The Canadian Human Rights Act is the federal legislation which generally prohibits any kind or form of discrimination, not just in the workplace, but in any other circumstance. The purpose of the Act is to ensure equal opportunity to all Canadians, and to prevent any undue discrimination based on a person’s race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, or disability or conviction for an offence.

Employment Equity Act

The Employment Equity Act directs the federally regulated agencies and businesses to provide equal employment opportunities to these four specific sectors:

• women
• Aboriginal peoples (Indigenous, Inuit or Métis)
• people with disabilities
• members of visible minorities

Furthermore, the Act also prescribes penalties, through assessment of fees, for private sector employers who fail to submit equity reports, as mandated in Section 18, to show that they are compliant in providing equal opportunities to the above-mentioned sectors.

Canada Labour Code

Another law which governs federally regulated industries is the Canada Labour Code. The Code provides for the statutory labour standards to be followed by these federally regulated industries (Part III) and discusses matters regarding the collective bargaining agreement (Part I). For workplace human rights, Part II of the Code provides for the occupational health and safety standards to be followed both by employers and employees alike.

What are the legal rights that all employees in Canada have?

Another law which connects employment rights and human rights is the Canada Occupational Health and Safety Regulations. In implementing Part II of the Canada Labour Code, the Regulations provide for specific guidelines that an employer must follow to ensure the safety of employees in the workplace, especially for industrial workplaces, such as the specifications of infrastructures, handling of hazardous substances, etc.

Both the Code and the Regulations highlight three legal rights of employees with regards to workplace hazards or dangers:

• Employees’ right to be informed of the hazards and dangers that are present in the workplace, and be properly trained or at least be informed on handling of or in addressing these hazards;
• Employees’ right to participate in keeping the workplace healthy and safe, such as policy-making processes and decisions which will greatly affect the employee’s health and safety; and
• Employee’s right to refuse work when there's a reasonable cause to believe that such work or duty is dangerous to oneself or to his/her co-workers.

What is considered a human rights violation in the workplace in Canada?

The Canadian Human Rights Act prescribes certain acts as human rights violations, but specific for labour and employment, the following can be considered as human rights violations which may be committed in the workplace:

• Section 5 – Discrimination by denial of any service or goods generally available to the public
• Section 7 – Discrimination by refusing employment, or during employment
• Section 11 (1) – Discrimination by unequal wages between males and females
• Section 14 (1) – Discrimination through harassment

What can you do if your human rights are violated at work?

Employees who think and feel that their workplace human right has been violated should firstly address these concerns to their employers and to exhaust any administrative remedy available to them.

However, when these concerns are left unaddressed, an employee may seek help from a workplace human rights lawyer for any appropriate action against the employer. This is an addition to seek any redress from regulatory authorities, such as filing a complaint before the Canadian Human Rights Commission.

Want to know more about your rights in the workplace and what to do in case of a violation? Scroll down below and consult with the best Lexpert Ranked workplace human rights lawyers in Canada.