Osler Legal Outlook

Heading into 2025, the regulatory landscape around cryptoassets and other emerging technologies remains in flux. In Osler Legal Outlook, Matthew Burgoyne, Lawrence Ritchie and Alex Cobb write that regulators’ willingness to engage with industry participants and consider alternative regulatory offers some hope for collaborative solutions. Osler Legal Outlook is brought to you by Osler, Hoskin &...

In this article — "Tackling ‘snow washing’: expanding Canada’s anti-laundering regime" — we discuss recent developments relating to anti-money laundering and anti-terrorist financing heading into 2025 and beyond. Changes that have already occurred follow increased domestic and international attention and scrutiny. Businesses will need to keep abreast of current developments and ensure th...

In this article — “Significant changes to Québec’s commerce and business language requirements” — we discuss the amending regulation that represents the final stage in the years-long overhaul of Québec’s language law and the ways it reduces some burdens and offers added flexibility to businesses operating in the province. This article is authored by Alexandre Fallon, who is a partner in Osler’s Di...

In this article – “The devil is in the details: legislative changes and access to healthcare” — we consider how despite evolving legislation aimed at enhancing access to healthcare services, critical details will remain subject to clarification through further regulation, consultations and interpretation policy. This article is authored by Osler partners Michael Watts, Susan Newell, Julien Morisse...

In this article — “Navigating Canada’s evolving carbon markets” — we review mechanisms for trading carbon credits which are crucial for achieving emissions reductions, to meet Canada’s ambitious climate targets. Key topics include compliance markets, voluntary markets, carbon contracts, and international trading. This article is authored by Osler partners Paula Olexiuk, Co-Chair, Construction, Jak...

In this article — “CRA’s power to audit and assess: new developments, old problems” — we explore how recent amendments broaden the scope of power that the CRA will have in enforcing the Income Tax Act.  Key topics include jurisdictional divide between the Tax Court and Federal Court, recent case law, principal changes to the CRA’s authority and consequences of non-compliance. This article is autho...

In this article — "Spotlight on greenwashing under the Competition Act" — we discuss how environmental claims relating to company products, services and business activities may be subject to increased scrutiny following recent competition law changes. The best defence remains to make claims that are responsible and made on a supportable basis. Going forward, organizations can use this op...

In this article — “Will new powers lead to more effective capital markets regulatory enforcement?” — we examine the most notable developments and enforcement actions in securities regulation in 2024, including a decision from the Supreme Court of Canada with major implications for securities and capital markets. We also look ahead to the aggressive enforcement we expect to see in 2025, particularl...

In this article — "Developing Canada’s critical minerals for energy transition" — we discuss the critical minerals development challenges faced by Canada. The federal government has an important role to play in supporting research and development and providing tax credits and other funding program incentives if Canada is to become a world leader in critical minerals. This article is auth...

In this article — "The impact of stronger drug dosing patents on Canadian drug access" — we discuss the importance of an effective balance between patent enforceability and timely access to affordable generic drugs if prescription drug costs are to be better managed. Recent jurisprudence suggests this balance may be shifting away from affordable alternatives.  Further developments on thi...

In this article — “The changing environment of federal impact assessment” — we explore a pivotal constitutional reference that was released by the Supreme Court of Canada, which found that the federal process for regulation and assessment of major infrastructure developments was unconstitutional. This finding necessitates substantive changes to the Impact Assessment Act in a way that respects the...

In this article — "Product liability: tipping the scales against industry" — the authors examine how new legislation in Canada is enabling governments to sue for recovery of health care costs associated with various products and services and could lead to more consumer claims. As a result, businesses across all sectors need to strengthen their compliance and communication strategies to n...

In this article — "Termination clauses under the microscope and other cautions" — we discuss the trend away from the enforceability of termination clauses by the courts. Employers with inadequately prepared employment contracts and form agreements risk greater employee litigation and payout liability. A high degree of vigilance is now required when drafting both employment contracts and...

In this article — "The burden of protectionism: outlook for Canadian trade" — we explore the growing global trend towards protectionist trade policies and the continuing trade uncertainty facing businesses in 2025. As international political and economic tensions continue to rise, more countries, including Canada, are adopting protectionist or mercantilist trade policies. This article is...

In this article — "Navigating control transactions: clarifying acceptable conduct boundaries" — we review recent decisions by Canadian securities regulatory which are helping to guidelines for acceptable behaviour during takeover bids. It will be important for issuers, shareholders and other interested parties to have a good understanding of the regulatory landscape and developing regula...

In this article — “Canadian global minimum tax, digital services tax and other international tax reforms” — we consider how Canadian businesses can best navigate this new landscape and what to watch for in 2025. Key topics include global minimum tax, digital services tax, online marketplace services revenue, tariffs, and reporting obligations. This article is authored by members of Osler’s Tax Gro...

In this article — “Venture capital in the balance: steering through market turbulence” — we discuss how technology companies and their investors can prepare for greater market turbulence in the year ahead. Key topics include fundraising dynamics, deal volume in the venture capital, market correction and what to expect in 2025. This article is authored by Osler’s Mark Longo, Co-Chair, Emerging and...

In this article — "Unlocking AI innovation" — the authors review the significant changes in the artificial intelligence sector over the last year and share their insights for the year ahead and how mitigating risk when using AI technology can help businesses foster sustainable and responsible innovation. This article is authored by Simon Hodgett and Sam Ip, partners in the Technology Gro...

In this article — Hurtling towards the future: regulatory development in the financial services sector — we review key changes in 2024 that are likely to have a continued impact on financial service providers in the coming year. Further changes can be anticipated in 2025 arising from the ongoing review of federal financial institutions legislation, and other important developments. This article is...

In this article – “Consult before exploring: mineral tenure and Indigenous rights” — we discuss the major impact of recent case law and expected legislative changes in several prominent mining jurisdictions on mineral tenure, developments that could affect Canada’s focus on critical minerals and energy transition in the years ahead. This article is authored by Richard King, partner and Co-Chair of...

In this article – “Private equity M&A: strong appetite for exchangeable share structures” — we discuss the increasing popularity of exchangeable share structures. Key topics include rollover equity, foreign private equity sponsors, and the outlook going into 2025. This article is authored by Osler partners Brian Gray, Chair, Private Equity and Mike Proudfoot, partner, Corporate, along with ass...

In this article – “Two years of CIRO: enforcement, harmonization and what’s next” — we review the Canadian Investment Regulatory Organization’s accomplishments as well as its top priorities for the future. Key topics include regulatory harmonization, enforcement trends, dual registration, advisor compensation and client-focused reforms. This article is authored by Lawrence Ritchie, partner and Cha...

In this article — The rise of retail: accessing private markets — we discuss how there are now greater opportunities for the mass affluent and retail investors to participate in private asset investing. The availability of this form of investing is also helping to fuel the growth of Canadian companies. The democratization of private asset investing is expected to accelerate and continue to evolve...

In this article – “Canadian mandatory climate disclosure rules in the forecast” — we discuss how Canadian companies should plan to respond to the impending mandatory climate-related disclosure requirement. Key topics include international and U.S. approaches, implications for Canada, and greenwashing. This article is authored by John Valley a partner in the Corporate Group at Osler and Chair or th...

In this article — What’s new in Québec’s consumer protection law? — we review the requirements of Québec’s Bill 29 and proposed Bill 72 and how these will affect businesses in their dealings with consumers. The focus of this legislation is to provide greater safeguards for consumers in their purchase of goods and services. It will be incumbent upon businesses to consider any required changes to th...