Posts from 2023.
Posted in Tax

For tax years ending on or after December 31, 2023, most bare trusts will be required to file a T3 trust income tax return, regardless of the absence of any income to report, and may also be required to disclose information about the beneficiaries of the bare trust (referred to as a Schedule 15 disclosure).

A “bare trust” is not technically a legal term but is a commonly used ...

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Federal corporations take notice – the federal government is amending the Canada Business Corporations Act (“CBCA”) in an effort to increase transparency regarding the ownership of Canadian corporations. Bill C-42, An Act to amend the Canada Business Corporations Act, which comes into force on January 22, 2024, will introduce several amendments to the CBCA ...

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The Canadian Securities Administrators have published proposed amendments to National Instrument 44-102 — Shelf Distributions and related amendments to certain policies and rules (collectively, the “Proposed Amendments”) that would supersede blanket orders that have been in place since early 2022 (“Blanket Orders”) and establish a permanent ...

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In an effort to advance the fight against modern slavery, new legislation imposing reporting obligations on a wide range of private-sector entities and certain government institutions will come into force on January 1, 2024.

The new act, entitled An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff (the ...

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Posted in Tax

The federal government has announced they are removing the Goods and Services Tax/Harmonized Sales Tax (GST/HST) on all new qualifying rental housing constructions to help with the rising cost of living. This is effective September 14, 2023, subject to the passage of the related legislation.

The removal will be by way of an enhanced GST/HST Rental Rebate, available on new ...

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The Ontario Court of Appeal has released two decisions that together provide useful guidance for reporting issuers across Canada on what constitutes a “material change” for the purposes of the Securities Act (Ontario) (the “Act”).

The disclosure of material changes, and the statutory cause of action for a failure to do so, are integral components of the ...

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Posted in Tax

Background

Canada has a series of bilateral tax treaties. These have evolved over time to include various anti-avoidance, and anti-treaty shopping rules. These rules include limitation on benefits provisions and purpose tests. The treaty between Canada and Hong Kong had one of the broadest rules.

Many countries, including Canada and Hong Kong, are now signatories to the ...

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The Canadian Securities Administrators (the “CSA”) have published for comment proposed amendments to the current corporate governance disclosure requirements in Form 58-101F1 - Corporate Governance Disclosure (“Form 58-101F1”) of National Instrument 58-101 – Disclosure of Corporate Governance Practices (the “Proposed Amendments”) and National ...

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Every year, reporting issuers are faced with the task of tailoring the disclosure for their annual general meeting to an ever-evolving list of changes in corporate and securities laws, updates to stock exchange rules, new guidance from proxy advisors and regulators and developing corporate governance trends.

This checklist and overview of certain matters relevant to ...

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Posted in Tax

Revisions to earlier draft legislation on the Excessive Interest and Finance Expenses Limitation (EIFEL) regime were released by the Department of Finance on November 3, 2022. Lawson Lundell submitted comments on the government’s first round of consultations, raising concerns about the overly broad scope of the rules. A copy of our earlier submission can be found at ...

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