Health Canada has given at least a handful of drug law exemptions to Canadian congregations of Brazilian Santo Daime Churches that have demonstrated the importance of Daime tea, also known as ayahuasca tea, to their faith. This tea contains DMT as well as harmalol and harmaline. These Canadian congregations have what’s called a “Section 56” exemption from the Controlled Drugs and Substances Act to import, possess, distribute, and administer those substances. But it’s not a free for all. And if you’re looking to devise a new religion or belief system hoping you can get some of that sweet h ..read more

Understanding data privacy regulations can be complex, especially when it comes to the Personal Information Protection and Electronic Documents Act (PIPEDA) in Canada. PIPEDA governs the collection, use, and disclosure of personal information in commercial activities. It covers everything from obtaining consent to safeguarding information. This guide will break down the important points of PIPEDA and how it affects businesses operating across provincial or national borders. Let’s simplify PIPEDA and its role in protecting personal data in Canada. Overview of PIPEDA Who PIPEDA applies to PIPEDA ..read more

Understanding AGCO’s Regulatory Actions The Basis for AGCO’s Monetary Penalties The Alcohol and Gaming Commission of Ontario (AGCO) plays a pivotal role in regulating the province’s cannabis market, ensuring compliance with established laws and regulations. Monetary penalties issued by the AGCO serve as a deterrent against non-compliance and are a critical tool in maintaining market integrity. For instance, a recent Order of Monetary Penalty was levied against the operator of Cannabis Xpress for alleged violations of anti-inducement laws, which prohibit preferential treatment of products in ex ..read more

Understanding Legal Grounds for Suing a Neighbour in Ontario Identifying the Tort of Nuisance and Emotional Distress When living in close proximity to others, disputes with neighbours can sometimes escalate, leading to the need for legal recourse. In Ontario, the tort of nuisance is a common legal ground for suing a neighbour. This tort addresses a wide range of disruptive behaviours, from persistent loud noise to encroaching tree roots. Nuisance including harassment by neighbours involves significant interference with the enjoyment of property and can be the basis for civil litigation. To est ..read more

Understanding FINTRAC Compliance for Dealers in Precious Metals and Stones Identifying the Legal Framework The legal landscape for dealers in precious metals and stones is defined by a robust framework aimed at preventing money laundering and terrorist financing. At the heart of this framework is the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), which plays a pivotal role in national security and the integrity of the financial system. Understanding FINTRAC’s regulations is crucial for dealers to operate within the bounds of the law and avoid severe penalties. Substanc ..read more

Understanding FINTRAC’s Regulatory Framework for Armoured Car Services Identifying the Obligations Under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act Armoured car businesses play a crucial role in the financial system, and as such, they are subject to stringent regulations under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA). Compliance with these regulations is not optional; it is a legal requirement that ensures the integrity of financial transactions and helps prevent illicit activities. Understanding and adhering to these obligations ..read more

Navigating Corporate Conflicts: The Role of Business Dispute Lawyers in Canada Understanding Shareholder Rights and Remedies In the complex landscape of corporate governance, shareholders are vested with certain rights that are crucial for maintaining the balance of power within a corporation. When these rights are infringed upon, shareholders have a range of legal remedies at their disposal. These remedies are designed to protect shareholders from unfair practices and ensure that their interests are not overlooked. Substance Law provides expert legal services to guide shareholders through the ..read more

Understanding the Retail Sales Tax Clearance Certificate in Ontario Eligibility Criteria for Obtaining an RST Clearance Certificate To be eligible for a Retail Sales Tax (RST) Clearance Certificate in Ontario, applicants must meet specific criteria set by the provincial government. Businesses must ensure compliance with all RST regulations, including accurate record-keeping and timely tax remittance. The eligibility extends to various entities, such as corporations, partnerships, and sole proprietorships, provided they are registered to collect RST. Key eligibility requirements include: Regi ..read more

Understanding SAFE Agreements in the Ontario Business Context The Legal Framework Surrounding SAFE Agreements In the Ontario business landscape, a SAFE (Simple Agreement for Future Equity) agreement represents a pivotal instrument for startups seeking investment without immediately determining a company’s valuation. The legal framework surrounding SAFE agreements is designed to provide flexibility and protection for both investors and startups. It is essential to understand that while SAFE agreements are not traditional securities, they are subject to securities laws and regulations. When cons ..read more

Establishing a Foreign Business Presence in Canada: Branch Office Considerations Legal and Operational Characteristics of a Canadian Branch A Canadian branch office serves as an extension of a foreign company, operating under the same name and closely mirroring the activities of its parent company. It must adhere to Canadian regulations and obtain the necessary licenses to operate within the country. This includes the requirement to appoint a legal representative in Canada to manage obligations and ensure compliance with local laws. Key operational characteristics of a Canadian branch include ..read more