Welcome to In Focus, Baker McKenzie's video chat series for organizations operating in Canada. In each on-demand episode, our lawyers provide insights and quick, practical tips on today's most pressing issues and legal developments. Many of these videos complement our written legal updates shared on the Canadian Labour and Employment Law blog on trending topics.
Canada-US Border - Steering Transfer Pricing and Customs Valuation: Key Strategies for Compliance (Video Chat) (December 10, 2024)
Transfer pricing refers to the pricing of transactions between related parties within a multinational corporation, and ensuring these prices reflect market conditions and are not influenced by the parties’ relationship. Incorrect transfer pricing and customs valuations, including when importing goods across the Canada-US border, can lead to significant financial consequences, making it crucial for organizations to understand and apply the arm's length principle.
In this episode of In Focus, Baker McKenzie's Julia Webster, Chris Raybould and Patrick de Laperouse examine critical steps organizations can take toward compliance, including reviewing policies, updating declared values, and consulting with experts.
This conversation provides essential insights for finance, tax and legal professionals as well as supply chain executives.
Navigating AI's Impact on Advertising, Marketing and Intellectual Property (November 20, 2024)
As Artificial Intelligence (AI) continues to shape advertising and marketing, it intersects with key areas of law-competition, consumer protection, privacy, and intellectual property (IP). In Canada, these are governed by competition and copyright legislation, and industry codes. Global regulations, including EU and Colorado AI legislation, further frame how businesses should approach AI usage.
In this episode of In Focus, Baker McKenzie's Adam Aft, co-lead of our North America Technology Transactions team, joins Sarah Mavula and Mike Rubinger to discuss the practical and legal considerations of AI in advertising, marketing and IP. Topics include:
The benefits and risks of AI-powered content creation
Balancing truth in advertising
IP ownership considerations
Potential legal pitfalls, from misleading representation, AI hallucinations, registration of AI-created IP and risk pertaining to AI prompts and related outputs
This conversation provides essential insights for legal, regulatory, compliance, and technology professionals looking to stay ahead in AI's evolving landscape.
Ultimate beneficial ownership - Transparency rules in Canada, the UK and EU (July 26, 2024)
Registers of ultimate beneficial ownerships (UBO) are gaining momentum globally, with over 100 countries committed to implementing reforms to UBO regulations.
UBO disclosure and reporting requirements are important for businesses to be familiar with. For employers, understanding their own ownership structure and the transparency rules can mitigate compliance risks and also demonstrate commitment to ethical business conduct.
In this In Focus video tailored for General Counsel, Corporate Counsel, Compliance and Regulatory Counsel, our Transactional and International Commercial lawyers discuss the latest developments in UBO transparency rules in Canada, the UK and the EU and provide practical guidance on what you can do to ensure compliance in this rapidly evolving area.
Quebec's Bill 96 Part 2: Employment and Commercial Contracting Requirements (March 21, 2024)
Quebec's Bill 96 significantly expanded existing French language requirements under Quebec's Charter of the French language, including new translation requirements for a wide range of employment documents. Similarly, the treatment of commercial standard form contracts (or contracts of adhesion) must now be translated into French first, even if the parties agree to proceed in a language other than French, such as English.
This video is tailored to employment counsel, HR, and advertising and marketing professionals, as well as business professionals seeking to expand their business and workforce in Quebec.
In Part 2 of our series on Bill 96, our Canadian Employment & Compensation and International Commercial lawyers outline obligations for organizations doing business in Quebec, and employers operating in Quebec (including federally-regulated employers), along with enforcement measures and trends since the implementation.
Quebec's Bill 96 Part 1 - Trademarks plus Advertising & Marketing (February 23, 2024)
It is crucial for businesses operating in the Province of Quebec to gain a solid understanding of the province's new strengthened French language requirements introduced by Bill 96, as well as recently proposed draft regulations.
The introduction of the draft regulations is particularly important for brand owners and manufacturers selling into the province for a number of reasons, including with respect to the treatment of marketing copy and trademarks inscribed on products and product packaging. These new requirements are complex and failure to comply in a sufficient manner may lead to significant fines and enforcement actions.
This video is tailored to IP, advertising, and marketing professionals, as well as business professionals seeking to expand their business and workforce in Quebec.
In Part 1 of this two-part In Focus video series on Bill 96, our Canadian International Commercial and Intellectual Property & Technology lawyers, moderated by an Employment & Compensation partner, discuss the specifics of these new requirements, including how copy must appear on products and product packaging, and what the rules mean for businesses' trademark portfolios. Watch this episode and learn what you need to know before the 1 June 2025 deadline.
Earlier this year, Canada's mandatory reporting rules were broadly expanded by lowering the thresholds to trigger a reporting obligation and increasing the information that must be reported to the Canada Revenue Agency. As a result, taxpayers may be required to flag certain mergers and acquisitions transactions in real time if it could be reasonably concluded that one of the main purposes of entering into the transaction was to obtain a tax benefit.
In this In Focus video, our Canadian Tax and Corporate Transactions lawyers discuss how common contractual protection clauses could trigger an early reporting requirement and expose taxpayers to significant penalties if they fail to report.
ID&E IMPACT: Employer Strategies for Mitigating Risk from an ID&E Perspective (April 18, 2023)
With a surge in layoffs taking place over the past year, many of those originally hired to diversify the workplace have been impacted, and studies show that inclusion, diversity and equity (ID&E) professionals have been affected by layoffs at a higher rate than others. The harm? Other than potentially hurting employee morale and sidelining efforts to improve ID&E in the workplace, employers risk exposing themselves to litigation.
In this installment of ID&E IMPACT, our labor and employment team in the US and Canada explore employer concerns including an uptick in discrimination and harassment claims, the proliferation of claims based on pay disparity, bias claims arising from the use of AI in recruitment and hiring, and practical tips to mitigate risk from an ID&E perspective.
Canada: New Competition Act Amendments Give Rise to Class Action Risk for Canadian Employers (February 9, 2023)
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, our 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.
Employers: Comply or Face Criminal Liability on No Poach and Wage Fixing Agreements Under the Competition Act (November 19, 2022)
Amendments to the Competition Act that come into force on 23 June 2023 will make it a criminal offense for employers to enter into no poach, wage fixing or other agreements related to the terms and conditions of employment in Canada.
In this In Focus video, our Labour and Employment and Competition and Foreign Investment Review lawyers discuss the risks associated with non-compliance and what employers should consider as they prepare for the prohibition to come into effect.
Implementing a Reduction in Force in Canada: Mitigating Risks Arising from Major Workforce Changes - Part 3 - The Outcome and Litigation Arising from Your Workforce Redesign (October 21, 2022)
In Part 3 - The Outcome and Litigation Arising from Your Workforce Redesign, we look at the potential outcomes and employer obligations should the separation package offer be rejected, one-on-one employee negotiations fail, and litigation ensues.
Implementing a Reduction in Force in Canada: Mitigating Risks Arising from Major Workforce Changes - Part 2 - Undertaking Your Workforce Redesign (October 21, 2022)
In Part 2 - Undertaking Your Workforce Redesign, our group explores the key steps in employment terminations such as preparing the termination letter, severance package offer, a full and final release and a meeting script, as well as outlining post-termination duties for the employer.
Implementing a Reduction in Force in Canada: Mitigating Risks Arising from Major Workforce Changes - Part 1 - Planning Your Workforce Redesign (October 21, 2022)
In Part 1 - Planning Your Workforce Redesign, we cover best practices for employers as they consider planning their workforce redesign, including conducting due diligence to understand exposure and potential liabilities.
Restrictions on Restrictive Covenants: The Secret to Protecting Trade Secrets (August 10, 2022)
Every business has sensitive components integral to its success, whether trade secrets, customer contacts, or other confidential information that would be appealing to competitors.
In Canada, attempting to stop an employee from sharing confidential information, competing, or soliciting customers, suppliers or employees can be tricky. In this In Focus video, our Labour and Employment lawyers discuss the current state of the restrictive covenant landscape and what steps employers can take to protect their businesses.
Understanding the New Right to Disconnect in Ontario (May 10, 2022)
In this In Focus video, our Labour and Employment lawyers share key considerations and important timelines for employers to know as they develop Disconnect policies for their workplaces.
Tossing the Masks and Vaccine Passports Plus Mandatory Vaccination Updates (March 21, 2022)
In this In Focus video, our Labour and Employment lawyers explore considerations for employers before scrapping the restrictions entirely, provide guidance on responding to possible employee pushback, and deliver an update on the legal landscape of mandatory vaccination policies in Canada.
Guidelines for Accommodating Sincerely Held Religious Beliefs and Disabilities for Canadian Employers Mandating Vaccinations (October 26, 2021)
In this In Focus video, our Labour and Employment lawyers share guidelines for Canadian employers to consider as they encounter requests for accommodations from mandatory vaccination policies.
Remote Working from Outside of the Jurisdiction - The Pandemic and Beyond (September 21, 2021)
In this Quick Chat video, Baker McKenzie's Labour and Employment, Global Immigration and Mobility, and Tax lawyers review the wide variety of legal issues for Canadian employers to consider regarding a temporary or permanent remote work opportunity outside of the province of the employment agreement and provide tips on how employers can offer employees flexibility while remaining compliant with employment, immigration and tax requirements.
The COVID-19 Canadian Employment Litigation Landscape - Is It All Uphill from Here? (August 19, 2021)
When world economies face challenges, employment litigation claims of all types arise. In this In Focus video, our Labour and Employment lawyers discuss the range of trending COVID-19 related employment claims and cases and share what Canadian employers can do to best position themselves to manage impending litigation.
Proactive Steps to Address Systemic Discrimination and Inequality in the Workplace (June 21, 2021)
In light of recent social justice movements, businesses are increasingly aware of issues pertaining to diversity and inclusion, making it essential for employers to take proactive steps to address inequality in the workplace. Our presenters explore how to set up special programs under human rights legislation, and discuss best practices for advancing substantive equality in Canada.
Mandatory Vaccinations in the Canadian Workplace (May 17, 2021)
As COVID-19 vaccines become more readily available across Canada, employers have questions about how this changes the return to the workplace. In this Quick Chat video, our Labour and Employment lawyers discuss the vaccine policies and procedures being adopted by companies operating in Canada, as well as the legal and practical considerations to address.
