Publications

July 23, 2024

Requirements to Prevent and Reduce the Risk of Forced Labour or Child Labour: What Businesses Need to Know to Comply

On May 11, 2023, the Fighting Against Forced Labour and Child Labour in Supply Chains Act, S.C. 2023, c. 9 (the “Act”) was passed. The purpose of this Act is to implement Canada’s international commitment to contribute to the fight against forced labour and child labour, and to require certain (…)

February 21, 2024

New corporate transparency requirements in Canada, Québec and the U.S. – What Canadian and Québec companies need to know

Over the last several years, member countries of the OECD, including Canada and the U.S., have committed to various international undertakings dealing with corporate governance. In keeping with these commitments, since 2019, the Canada Business Corporations Act (CBCA) has required business (…)

August 2, 2021

Transportation infrastructure: A pillar of economic recovery

Like many other governments, the Government of Quebec decided to invest in infrastructure to help mitigate the impact of the COVID-19 pandemic and stimulate Quebec’s economy. A significant number of investments will be made in the transportation sector, and the government wants to accelerate the (…)

May 7, 2020

E-commerce: Some Laws and Rules You Should Be Aware of

Various ways of doing e-commerce E-commerce can take different forms. For the purposes of this article, we will refer to e-commerce where the contract of sale or of supply of services is concluded by electronic means, E-commerce will be said to be “direct” when the product or service is delivered (…)

April 27, 2020

What are the Duties and Responsibilities of Corporate Directors during the COVID-19 Crisis?

This publication was written in collaboration with André Laurin. By all accounts, the coronavirus pandemic and the measures implemented by the government have created a particularly difficult and delicate situation for almost all organizations. Despite this extraordinary situation, the general (…)

October 26, 2018

Infrastructure Insider: What essential news and transactions occurred in the infrastructure market?

To download the Infrastructure Insider To download the Infrastructure Insider 1. Setting up the Autorité des marchés publics — Practical consequences on the call for tenders process in Quebec The Autorité des marchés financiers is now replaced by the AMP for the authorization to contract with a (…)

October 21, 2016

Positive advice of the European Securities and Markets Authority to the extension of the European passport to the managers of alternative investment funds in Canada

Martine Samuelian and Virginia Barat, JEANTET On July 18, 2016, the European Securities and Markets Authority (ESMA) issued a favourable advice for a future extension of the European passport concerning Alternative Investment Fund Managers (AIFMs)1 in Canada. This advice, which is based on (…)

June 29, 2016

Options available to Canadian managers under the European AIF marketing rules

Martine Samuelian and Virginia Barat, JEANTET This article is supplementing the May 2016 issue of the Lavery Capital newsletter, number 9, which discusses the potential extension of the European passport regime (the “Passport”) – established under EU Directive no. 2011/61/EU (the “Directive”) – to (…)

May 25, 2016

Impact of the possible extension of the European passport regime on Canadian fund managers

Martine Samuelian and Virginia Barat, JEANTET Since July 22, 2013, investment fund managers (“managers”) in Canada who wish to raise funds from investors located in member states of the European Union (the “EU”) have had to consider Directive 2011/61/EU1 (the “Directive”), dealing with managers of (…)

November 10, 2015

The Canada Public Sector Pension Investment Board launches a lawsuit against Saba Capital: Lessons for Fund managers when valuing illiquid securities

On September 25, 2015 the Public Sector Pension Investment Board (the “PSP Investment Board”) filed a lawsuit before the New York State Supreme Court against Saba Capital, the hedge fund managed by Boaz Weinstein (the former co-chief of the credit business at Deutsche Bank AG), for allegedly (…)

May 31, 2015

The corporate director: Questions and answers

This 52-page bulletin answers in a practical and simple manner respecting the legal framweork forty-three (43) questions administrators ask or should  ask themselves. It is a very useful tool to promote good governance generating value. Click here to view the complete publication

June 1, 2014

What precautions should a proposed director take prior to accepting to act as a corporate director? / What are the duties of a member of a board of directors?

This Need to Know Express is part of a series of newsletters which each answers one or several questions in a practical and concrete way. These bulletins have been or will be published over the next few weeks. In addition, a consolidated version of all the Need to Know Express newsletters published (…)

June 1, 2014

New Anti-Spam Law: Better Act Quickly

In December 2010, the federal Parliament passed the Act to Promote the Efficiency and Adaptability of the Canadian Economy by Regulating Certain Activities1 that Discourage Reliance on Electronic Means of Carrying out Commercial Activities, better known as the “Canada’s Anti Spam Legislation” (CASL (…)