In June 2023, amendments to the Competition Act take effect that will allow Canadian employees to sue their employers for conspiratorial conduct. In this video, baker McKenzie Litigation and Competition lawyers reflect on the new buy-side conspiracy causes of action through the lens of a recent Federal Court of Appeal case, consider the expected implications of the new amendments on employers’ class action exposure, and discuss what employers can do to mitigate these new risks.
Through the Canadian Labour and Employment Law blog, our lawyers provide legal updates and practical insights to help clients understand, prepare for and respond to the latest domestic and cross-border Labour and Employment issues affecting Canadian and multinational employers.
Baker McKenzie’s Sanctions Blog published the alert titled Canada Sanctions Additional Russian Propagandists: 38 Individuals and 16 Entities Targeted on 6 February 2023. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.
The Canada Border Services Agency announced anticipated annual updates to the Customs Tariff and its trade verification priorities. It has also announced the implementation date for CARM Release 2 and typical administrative and statutory trade remedy proceedings. In addition to these developments, it is possible that in 2023, Canada may implement its proposed amendments to the Valuation for Duty Regulations, continue to scrutinize the apparel industry, and apply enhanced scrutiny of imports and exports to determine whether goods were manufactured by forced or child labor or are at high risk for sanctions circumvention.
On 31 January 2023, Canada announced amendments to the Special Economic Measures (Burma) Regulations in response to the “ongoing repression of the people of Myanmar by the military”. These amendments list an additional six individuals under the Schedule of the Regulations, and include a new prohibition on the export, sale, supply or shipment of aviation fuel (wherever situated globally) destined for Myanmar or any person in Myanmar. These amendments took effect on 27 January 2023.
On 3 January 2023, the Health Sciences Authority (HSA) issued an update on products found and reported by overseas regulators to contain potent ingredients that are prohibited and may cause side effects. The HSA published a consolidated list of health products that were found and reported by health regulators overseas (including regulators in Brunei, Canada and Hong Kong) to contain potent ingredients.
On 13 January 2023, Canada announced amendments to the Special Economic Measures (Haiti) Regulations in response to “acts of significant corruption that are fueling the crisis in the country”. These amendments list an additional two individuals and took effect on 12 January 2023.
Throughout 2022, there were substantial legislative developments under Canada’s unilateral sanctions regime. New sanctions regulations were implemented or amended in response to the war in Ukraine and in response to conflicts in Haiti, Iran and Myanmar. The framework and application of Canadian sanctions law also underwent changes, including the introduction of a new asset forfeiture regime. Additionally, for the first time, a Canadian court opined on the issue of “control” under the Special Economic Measures Act.
On 9 January 2023, Canada announced further amendments to the Special Economic Measures (Iran) Regulations in response to those who “systematically violate human rights and spread the Iranian regime’s propaganda and misinformation.” These amendments list an additional two individuals and three entities under Schedule 1 of the Regulations and entered into force on 6 January 2023. Unlike past announcements, the government’s News Release provides particulars describing each newly designated individual and entity.
On 10 January 2023, Canada enacted the Special Economic Measures (Sri Lanka) Regulations in response to former state officials responsible for committing “gross and systemic violations of human rights.” The Regulations entered into force on 6 January 2023 and list four individuals on Schedule 1, including former Presidents Gotabaya Pajapaksa and Mahinda Rajapaksa.