Canada has made significant changes to the Trademarks Act, mostly to make it more consistent with international practice. Anyone considering applying for a trademark might want to file before the new rules come into force.

What is the issue?

In early 2019 the trademark application process will undergo significant changes. The changes include:

• Not having to state first use dates or declare actual use
• Registration term reduced from the current 15 years to 10
• Adoption of the class system and a class based fee structure
• Proof of distinctiveness needed for some types of marks

Why does it matter?

CIPO fees . . . [more]

The 2017 Ontario Accessibility Compliance and Enforcement Report is now available online and outlines the activities undertaken by the Accessibility Directorate of Ontario in 2017 to oversee compliance with the Accessibility for Ontarians with Disabilities Act and its accessibility standards.

The report explains the results of the December 31st compliance reporting obligations of obligated organizations, and the various audits and inspections conducted by the Accessibility Directorate of Ontario in 2017. Overall, the report clearly indicates that there is a lot of enforcement work still needing to be done for Ontario to reach the goal of becoming an accessible province . . . [more]

Written wholly by Christina Catenacci, BA, LLB, LLM, and PhD candidate at the University of Western Ontario

In February 2018, the Standing Committee on Access to Information, Privacy and Ethics released a report that summarized issues and recommendations concerning the Personal Information Protection and Electronic Documents Act (PIPEDA).

The report was authored by Bob Zimmer, the Chair of the Standing Committee, and presented to the House of Commons in the first session of the 42nd Parliament.

More specifically, the report was generated following the decision to undertake a review of PIPEDA. This review began February 14, 2017; it consisted of . . . [more]

On March 6, 2018, the Ontario government tabled Bill 203, Pay Transparency Act, 2018 to close the wage gap between women and men in the province by imposing significant obligations and restrictions on employers relating to the disclosure of information about the compensation of employees and prospective employees. The government says it will spend up to $50 million over the next three years on the initiative. . . . [more]

On February 27, 2018, the federal government tabled its 2018-19 budget, the third budget for the sitting liberal government. The 2018-19 budget focuses on gender equality, economic growth, job creation and a strong middle class.

In his budget speech, federal Finance Minister Bill Morneau stated, “The Canadian economy is doing well-remarkably well. Over the last two years, hard-working Canadians have created nearly 600,000 new jobs, most of them full-time. Unemployment rates are near the lowest levels we’ve seen in over 40 years.”

The updated fiscal 2018-19 forecasted deficit is $18.1 billion, improved from the fall economic statement estimate of . . . [more]

On Friday, January 26, 2018, the Office of the Privacy Commissioner of Canada (OPC) released a draft of their position regarding online reputation and on how Canadians can better protect their online privacy and rights.

The draft report is the result of a 2016 consultation on online reputations. Through this consultation, the OPC was soliciting input from interested stakeholders about new and innovative ways to protect reputational privacy. Reputation and Privacy is one of the OPC’s four strategic privacy priorities. A summary of the 28 submissions received is posted online on the OPC website.

Summarizing the report

The draft . . . [more]

On February 28, 2018, the government of the Northwest Territories tabled Bill 6, the Cannabis Legalization and Regulation Implementation Act. A complete copy of the legislation can be found here.

Under the draft legislation it is proposed that:

• The Liquor Commission will be responsible for distribution and sale of cannabis in the NTW;
• Cannabis will be sold in “cannabis stores”, which will initially be the existing liquor stores with the possibility of “cannabis-only” stores in the future;
• Mail order purchase and delivery will be available;
• Communities will be able to hold a plebiscite on whether to restrict or ban

Students of the UVic Environmental Law Club contribute the following guest post. They discuss their initiative to conduct an all-day legal research event, putting their learning of the legislative research process toward a public interest effort. The event was inspired by a national student-driven research event on another issue a year ago. We thank Slaw’s Kim Nayyer for coordinating this submission.

Friday February 2, 2018, the UVic Environmental Law Club coordinated a full day research-o-thon involving more than 50 law students from UVic. The event: “Mining Law in BC – Digging up a Dirty History” focused on the history of . . . [more]

After much anticipation, the Government of British Columbia has released details on recreational cannabis rules that will govern how cannabis can be purchased and consumed within the province.

Retail Framework

British Columbians aged 19 and older will be able to purchase recreational cannabis through privately run retail stores or government operated retail stores and government online sales. The province’s Liquor Distribution Branch will operate a new standalone network of public retail stores while the Liquor Control and Licensing Branch will be responsible for licensing and monitoring private retail stores.

Licensed retailers will not be able to sell cannabis in the . . . [more]

Welcome to 2018 and a load of new employment and labour law rules and obligations across Canada.

As most of you already know, a number of new or amended laws and regulations came into effect on January 1 or will come into force later in 2018 across Canada, including marijuana legalization and higher minimum wages in Ontario, Alberta and other jurisdictions. Here is a brief reminder of the new or amended rules you need to be aware of and implement to ensure compliance. . . . [more]

The rules of civil procedure in Manitoba are about to undergo significant changes. Amendments to the Court of Queen’s Bench Rules, effective January 1, 2018, will introduce an overarching requirement that the Court considers proportionality in making orders and directions under those Rules.

A new Practice Direction outlines the breadth of the changes about to come into force in respect of case management of civil proceedings, scheduling of trials, use of judicially assisted dispute resolution and summary judgment proceedings.

The Practice Direction describes the objectives underlying all the changes as follows:

Animating the comprehensive amendments to the Court of

It is fascinating to recognize that you can get fired by legislation. OK, that is over-dramatic, but I got your attention. About legislation. During the busy holiday season. #DIGJAM

In Alberta there has been an ongoing review of public Agencies, Boards, and Commissions. Read more if you are curious at the Public Agency Secretariat. The secretariat promotes a consistent approach to public agency governance, recruitment and compensation.

On December 15, the Alberta legislature wrapped up the session and Bill 21 Agencies, Boards and Commissions Review Statutes Amendment Act, 2017 was assented to. In what will no doubt baffle legal . . . [more]