Effective October 31, 2010, the Canada Border Services Agency (CBSA) implemented the Advanced Commercial Information (ACI) eManifest Program for shipments arriving in Canada by truck.
The eManifest Program is driven in large part by the border security requirements agreed to by the United States and Canada in the wake of the 9/11 events. Following 9/11, the customs world witnessed a shift to enforcement of security measures as opposed to compliance matters. With the introduction and enforcement of eManifest, the CBSA is redirecting its attention to compliance matters as well.
For most businesses that hire individuals to assist them in carrying out their operations, the relationship will be a clear one of employer/employee. However, not all individuals engaged by a business to provide services will be "employees" and therefore entitled to the benefits conferred by the Code. The Code specifically excludes "independent contactors", yet does not in any way define what an independent contractor is.
When a company wishes to raise equity financing, more often than not, senior management looks to external sources such as private equity or venture capital. Given tight equity markets, an alternative source of equity financing could come from employees. The obvious advantage of this type of equity is that the employee understands and is engaged in the business so there is no need to have to "sell" the investment in the company to the employee investor.
If your municipality is the proud location of federal government or federal agency land or buildings, chances are you already know about "payments in lieu of taxes" or "PILT". Under section 125 of the Constitution Act, 1867, the Government of Canada is exempt from paying any taxes imposed by local governments. In recognition of the municipal services received by these properties, the federal government pays a discretionary PILT. All of this is laid out in the Payment in Lieu of Taxes Act and regulations.
This article appeared in the fall 2010 issue of Manitoba Municipal Leader Magazine and is reproduced with permission.
Natural resource businesses exist in a world of government regulation. Whether under occupational health and safety, resource management, environmental stewardship or taxation, laws permit government to carry out inspections and investigations to ensure compliance. Regulated businesses need to be in a position to demonstrate to the regulators that there has been full compliance. Where there may have been a slip, the only defence that may be available is proving that the business has exercised due diligence by doing everything reasonably possible to comply with the law. A big part of avoiding charges and successfully defending prosecutions involves having a plan and knowing how to respond to regulators when they conduct their inspections and investigations.
This article appeared in the fall 2010 issue of Mid-Canada Forestry & Mining Magazine and is reproduced with permission.
E. William Olson, Q.C. and James A. Ripley of Thompson Dorfman Sweatman LLP have been recognized nationally by Best Lawyers® as the 2011 Winnipeg Insurance and Banking Lawyers of the Year.
Best Lawyers®, one of the oldest and most respected peer-review publications in the legal profession, has named E. William Olson, Q.C. as the "Winnipeg Insurance Lawyer of the Year" and James A. Ripley as the "Winnipeg Banking Lawyer of the Year" for 2011.
This is part 5 of 5 of a seminar titled Developing a Successful Canadian Business Strategy hosted by TDS as part of Centrallia 2010.
This part of the seminar was presented by Anita Wortzman, President & CEO of Acumen Corporate Development Inc., an affiliate of Thompson Dorfman Sweatman LLP.
If you have any questions or comments regarding this electronic newsletter, or would like to reproduce one of our articles in your publication please e-mail clientservices@tdslaw.com or call 204.934.2580.
NEW PUBLICATION
Guide to Financial Assistance Programs for Manitoba Businesses
Today TDS is releasing its Guide to Financial Assistance Programs for Manitoba Businesses. Gleaned from government websites, the Guide provides a useful, single source reference tool describing many of the government financial assistance programs available to Manitoba businesses. We will be updating the TDS Guide at least annually.
TDS in partnership with the United Way of Winnipeg will be hosting a series of four seminars related to Charity Law. The first seminar will take place December 15, 2010 at the new United Way of Winnipeg office, located at 580 Main Street.
For most companies seeking to raise capital, cost and speed are the two critical factors. The timeliness and the relationship-building capacity of an investor's due diligence process is, to a significant degree, within the company's control, if it chooses to step up and manage the process. By performing a financing audit in advance of executing your financing plan, you can speed up the fundraising process and significantly reduce your costs, while enhancing your relationship with your prospective investor.
DISCLAIMER
This e-newsletter is presented for informational purposes only. The content does not constitute legal advice or solicitation and does not create a solicitor-client relationship. The views expressed are solely the authors' and should not be attributed to any other party, including Thompson Dorfman Sweatman LLP (TDS), its affiliate companies or its clients. The authors make no guarantees regarding the accuracy or adequacy of the information contained herein or linked to via this article. The authors are not able to provide free legal advice. If you are seeking advice on specific matters, please contact Don Douglas, CEO & Managing Partner at dgd@tdslaw.com, or 204.934.2466. Please be aware that any unsolicited information sent to the authors cannot be considered to be solicitor-client privileged.
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