Blakes Weekly Digest - May 13, 2024
In this issue...
Communications
CRTC Releases Updated Regulatory Plan to Modernize Canada’s Broadcasting Framework
On May 6, 2024, the Canadian Radio-television and Telecommunications Commission published an updated regulatory plan to modernize Canada’s broadcasting framework. The updated plan modifies the scope of planned consultations on support for audio content and the definitions of Canadian and Indigenous content. The plan targets summer 2024 for a decision on monetary contributions by online streaming services, and late 2025 for implementation of the new framework, with ongoing consultations planned into 2026.
Environmental
Balancing Jurisdictions: Proposed Changes to Canada's Impact Assessment Act
Charles Kazaz, Jonathan W. Kahn, Lana Finney and Humna Wasim (Articling Student)
The Government of Canada has proposed amendments to the federal Impact Assessment Act (IAA) to address the Supreme Court of Canada’s concerns that portions of the IAA related to major project review are unconstitutional because they encroach on matters within provincial jurisdiction. The proposed amendments include narrowing the scope of the federal government’s jurisdiction, emphasizing inter-jurisdictional cooperation and protecting Indigenous rights in the assessment process.
Financial Services Regulatory / Public Sector Crisis & Compliance
New Foreign Influence Registry to Impose Heavy Compliance Burden
Canada’s Bill C-70, the Countering Foreign Interference Act, proposes a new Foreign Influence Transparency and Accountability Act, which will implement a foreign influence registry and certain related provisions. The proposed registry will require reporting of a broad range of political activities and may raise compliance challenges for impacted organizations.
领英推荐
Litigation & Dispute Resolution / Public Sector Crisis & Compliance
Canada Responds to Foreign Interference with New Criminal Offences and Procedures
Canada’s Bill C-70, the Countering Foreign Interference Act, aims to counter foreign interference through several legal channels, including significant updates to the Criminal Code and national security regime. This bulletin focuses on the bill’s impact on new criminal offences, the existing offences to be amended and the revised procedures for legal proceedings to be introduced if the bill is enacted.
Litigation & Dispute Resolution?
Alberta Court of Appeal Provides Guidance on Constructive Expropriation Claims in the Natural Resource Sector
In Altius Royalty Corporation v. Alberta, the Alberta Court of Appeal declined to apply an expanded interpretation of constructive expropriation to cases where government regulation impacts royalty interests in the energy sector. This case marks a trend in the courts of private litigants invoking property rights and the common law to challenge government regulation aimed at addressing climate change.
Comply with Demands by Regulators and “Waive” Goodbye to Privilege? New Alberta Guidance on Scope of Regulatory Requests
In CNOOC Petroleum North America ULC v. ITP SA, the Alberta Court of Appeal confirmed that disclosing privileged documents in response to requests from regulators may result in a waiver of privilege. This decision provides insight into navigating internal investigations, the use of privileged records, and the use of those records to respond to requests from regulatory bodies.
Residents Only: B.C. Court of Appeal Confirms Plaintiff Residency Requirement for Class Actions
In its recent MM Fund v. Excelsior Mining Corp. decision, the British Columbia Court of Appeal confirms that only residents of B.C. can commence class actions under the provincial Class Proceedings Act (CPA). This decision prevents non-resident plaintiffs from commencing class actions in the province for perceived procedural advantage, while also clarifying that under the CPA a corporation is considered “resident” where its central management and control takes place.?