Consumers and investors alike are increasingly shifting their focus towards both “green” products and investments in sustainable businesses and those with aspirational environmental and climate goals. Since environmental and sustainability claims have become ever more powerful marketing tools, they are also increasingly vulnerable to complaints of “greenwashing” — the practice of overstating the environmental characteristics or benefits of a company or a product.
Recently, through its investigation into the retail pricing practices of a regional Canadian furniture retailer, the Competition Bureau of Canada has expanded the list of potentially problematic pricing claims to now include “urgency cues”, i.e., the use of marketing tactics to increase a consumer’s perception of having to act immediately and/or to elicit a “fear of missing out.”
On 24 March 2021, the Minister of Innovation, Science and Industry (“Minister”) issued updated Guidelines on the National Security Review of Investments (“Updated Guidelines”). The Updated Guidelines outline additional factors and clarify existing factors the Canadian government will consider in assessing investments for potential national security concerns under the Investment Canada Act (ICA). These…
In November 2020, Canada introduced new federal privacy legislation that, if adopted, will create one of the strictest data protection regimes in the world, accompanied by some of the most severe financial penalties, rivalling the standards in Europe and California. Companies with a connection to Canada will need to build the new federal law, and applicable provincial laws, into their global compliance strategy.
The Canadian government has temporarily extended three key time limits applicable under the national security provisions of the Investment Canada Act (ICA), potentially introducing more uncertainty for foreign investors and impacting deal timelines for transactions involving Canada. The extended time limits will apply to most transactions implemented or subject to a filing under the ICA between 31 July and 31 December 2020.
The COVID-19 pandemic has caused an unprecedented shock to the global economy, prompting, among other things, competition law enforcers to reassess how they approach competitor collaborations. In particular, many regulatory agencies have implemented policies aimed at assisting businesses in their efforts to mitigate supply chain disruptions and other effects while ensuring that essential goods and services are available to those who need them. Baker McKenzie has previously reported on these developments globally and in specific jurisdictions such as the European Union and the United States, in our Baker McKenzie Coronavirus Resource Center.
The Government of Canada has amended the Personal Information Protection and Electronic Documents Act (“PIPEDA”), which generally governs the collection, use, and disclosure of personal information by private sector organizations in all Canadian provinces except for Alberta, British Columbia and Québec. Some of the amendments came into force immediately as…
On 22 January 2015, the Supreme Court of Canada (the “SCC”) released its much anticipated decision in Tervita Corporation, et al v Commissioner of Competition (“Tervita”). The SCC granted Tervita’s appeal and overturned decisions of the Canadian Competition Tribunal (“Tribunal”) and the Federal Court of Appeal (“FCA”), which had concluded…