doing business in canada - Davies Ward Phillips & Vineberg LLP

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The scope and content of the Crown's duty to consult and accommodate varies widely and is proportionate tothe strength of the asserted Aboriginal or treaty right and the seriousness of the potentially adverse impactupon it. In other words, the consultation activities to be undertaken and how they are approached will vary fromproject to project. For example, if there is little impact on an asserted or established Aboriginal or treaty right,the level of consultation required may simply be a duty to give notice, disclose and share information anddiscuss important decisions to be taken in relation to the proposed project. Where the adverse impact onAboriginal rights is potentially greater, the Crown's consultation requirements would be more substantial (e.g.,more extensive consultation, mitigation and/or accommodation).However, there is no legal duty on the Crown to ultimately reach an agreement with an Aboriginal group. Thismeans that Aboriginal groups do not have a "veto" over what the Crown can do. Rather, the Crown's duty toconsult and accommodate is about a fair decision-making process and in all cases the Crown must act in goodfaith to provide meaningful consultation appropriate to the circumstances. The Crown has frequently beensubject to litigation alleging failure to fulfill its consultation obligations.A private-sector proponent does not have an independent common law duty to consult with or accommodateAboriginal people (but may have an express statutory obligation to consult, such as in Ontario's EnvironmentalScreening Process, for electricity projects). However, while the common law legal duty to consult rests solelywith the Crown, private-sector proponents often play an important role in the Aboriginal consultation process.For example, the Crown often delegates certain procedural aspects of consultation regarding a proposed projectto the project proponent, including day-to-day consultation activities. In these cases, the Crown will generallysupervise these activities and their outcomes to ensure that any impacts of the proposed project on establishedor asserted Aboriginal or treaty rights are appropriately addressed, mitigated and/or accommodated. While thefinal responsibility for consultation and accommodation rests with the Crown, private-sector proponents oftenhelp fund Aboriginal participation in the consultation process and enter into commercial or participationagreements to facilitate Aboriginal accommodation. Project proponents are well advised to ensure thatappropriate consultation and accommodation has been conducted as the failure to do so represents a significantrisk of project delays and increased project costs for project proponents.16 Environmental Law
17Types ofBusiness OrganizationIndustrial and Intellectual Property 22
Page 1 and 2: DOING BUSINESSIN CANADAYOUR COMPLET
Page 3 and 4: ONTENTSTABLE OF CONTENTSINTRODUCTIO
Page 5 and 6: IntroductionPOLITICAL AND CONSTITUT
Page 7 and 8: 5RealEstateIndustrial and Intellect
Page 9 and 10: accordance with directions from the
Page 11 and 12: TITLE INSURANCE, TITLE OPINIONS AND
Page 13 and 14: 11EnvironmentalLawIndustrial and In
Page 15 and 16: commercial activities, or carrying
Page 17: The federal government currently re
Page 21 and 22: provincial law cannot do so as of r
Page 23 and 24: partnership, limited partners’ li
Page 25 and 26: parties. In Québec, joint venturer
Page 27 and 28: 25Financing aBusiness OperationIndu
Page 29 and 30: The Civil Code of Québec provides
Page 31 and 32: 29CorporateGovernanceIndustrial and
Page 33 and 34: Instrument 58-101. The practices re
Page 35 and 36: 33CompetitionLawIndustrial and Inte
Page 37 and 38: BID-RIGGINGBid rigging is any agree
Page 39 and 40: anticompetitive agreements among co
Page 41 and 42: 39ForeignInvestmentIndustrial and I
Page 43 and 44: apply for Canadian citizenship. (Pe
Page 45 and 46: (D)GENERAL REVIEW THRESHOLDSThe fol
Page 47 and 48: there be an "acquisition of control
Page 49 and 50: Industrial and Intellectual Propert
Page 51 and 52: to perform or cause them to be perf
Page 53 and 54: Registration grants an exclusive ri
Page 55 and 56: PIPEDA applies in all provinces of
Page 57 and 58: Employment LawCanadian employment l
Page 59 and 60: displacement, laying-off, suspensio
Page 61 and 62: easonable cause to believe that the
Page 63 and 64: 63Retirement Plans, EmployeeBenefit
Page 65 and 66: • funding;• eligibility;• pen
Page 67 and 68: 67Temporary Entry andPermanent Resi
Page 69 and 70:
INTERNATIONAL AGREEMENTSIn recent y
Page 71 and 72:
immigrant in another class, he or s
Page 73 and 74:
73Bankruptcy andInsolvency Proceedi
Page 75 and 76:
BANKRUPTCYBankruptcy results in the
Page 77 and 78:
INTERNATIONAL BANKRUPTCYASSETS LOCA
Page 79 and 80:
Tax ConsiderationsThis chapter prov
Page 81 and 82:
TAX REPORTINGAnnual Tax ReturnsCana
Page 83 and 84:
Québec has legislation that limits
Page 85 and 86:
Amendments, SIFTs and their unithol
Page 87 and 88:
Conversely, where a Canadian reside
Page 89 and 90:
A person, whether resident in Canad
Page 91 and 92:
APPENDIX I: CANADA’S IN FORCE TAX
Page 93:
TORONTODAVIES WARD PHILLIPS & VINEB
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doing business in canada - Davies Ward Phillips & Vineberg LLP

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