Publications

July 3, 2024

Environmental claims about a product, a service or business activities: stricter rules to combat greenwashing

Greenwashing is a form of marketing that misrepresents a product, service or practice as having positive environmental effects,1 thereby misleading consumers and preventing them from making an informed purchasing decision.2 Several initiatives have been launched around the world to counter this (…)

June 5, 2024

Almost two years after the issuance of the Single-use Plastics Prohibition Regulations, where do we stand and how are businesses affected?

On December 20, 2022, the federal government's Single-Use Plastics Prohibition Regulations1 (the “Regulations”) gradually came into force, with the effect, as the name suggests, of prohibiting (or restricting, in certain cases) the manufacture, import and sale of certain single-use plastics that (…)

May 7, 2024

Is the proposed amendment to the Competition Act to combat greenwashing really a step forward?

Greenwashing is a form of marketing that misrepresents a product, service or practice as having positive environmental effects,1 thereby misleading consumers and preventing them from making an informed purchasing decision.2 Several initiatives have been launched around the world to counter this (…)

July 14, 2022

Single-Use Plastics Prohibition Regulations: Impact on Businesses

On June 20, 2022, the federal government registered regulations that, as the name implies, prohibit (or restrict, in some cases) the manufacture, import and sale of certain single-use plastics that pose a threat to the environment. The Regulations will come into force on December 20, 2022, with the (…)

March 1, 2019

Once Upon a Time in the West: Redwater, its Trustee, and the Environmental Arm of the Law

In a decision handed down on January 31, 2019, the Supreme Court ordered that a bankrupt oil and gas company fulfil its obligation to reclaim abandoned oil wells before paying any creditors. This decision has since sparked conflicting reactions across the country: first, because it gives clear (…)

November 6, 2017

The Superior Court of Québec analyses the exception allowing the use
of a work protected by copyright for the purpose of news reporting

In Cedrom-SNi inc. v. Dose Pro inc. (“Cedrom-SNi”), the Superior Court of Québec rendered a decision which, although issued at the interlocutory stage, is of interest to Canada’s media and entertainment industry since it is one of the rare decisions which analyses the criteria for applying the (…)

October 17, 2017

The Supreme Court clarifies the circumstances in which the director
of a corporation can be held personally liable for oppression

While the Canada Business Corporations Act, R.S.C. 1985, c. C-44 (“CBCA”) is silent on the circumstances that will result in a director’s personal liability for oppression, and the Canadian courts have failed to agree on the application of the principles considered in the case law in this regard, in (…)

November 22, 2016

Drone operators, do you know the rules?

Drones, also known as “UAVs” (for Unmanned Aerial Vehicles) have become more popular in Quebec over the past few years. From the surveillance of quarries and gravel pits, industrial sites, pipelines, farmland, open air mines and construction sites to package delivery, the collecting of aerial (…)

September 13, 2016

Health-care institutions: What is your responsibility when your are faced with a harassing and disruptive visitor?

Last June 16, the Superior Court of Québec1 rendered a safeguard order in an injunction proceeding in favour of a health-care institution the purpose of which was to set conditions for the visits of the daughter of a user of the institution who was an incapable person lodged there, as well as her (…)

July 11, 2016

Bill 108 : highlights of the new rules on public contracting and the powers of the Autorité des marchés publics

Last June 8, Carlos J. Leitão, the Minister responsible for Government Administration and Ongoing Program Review and Chair of the Conseil du trésor, tabled Bill 108, An Act to facilitate oversight of public bodies’ contracts and to establish the Autorité des marchés publics. This Bill creates the (…)

November 30, 2015

Government agencies, get ready!

Last October 30, the provincial government announced the creation of 'Passeport Entreprises', an action plan focused on two main points: to facilitate access by businesses to government contracts and make the Quebec government's tendering processes more transparent and rigorous. The government (…)

November 24, 2015

Regulation of Airbnb by the Provincial Government

The wave of online platforms offering lodging for rent, such as Airbnb1 which allow private individuals to rent all or part of their home as vacation accommodation, is attracting more and more fans throughout the world. Quebec is no exception to this trend. In Quebec, hotels and other operators (…)