Monthly Archives: November 2020

ILN Today Post

COME SEE THE MANY SIDES OF “CERS” (CANADA EMERGENCY RENT SUBSIDY): NEW TARGETED GOVERNMENT SUPPORT PROGRAM TO HELP BUSINESSES THROUGH THE PANDEMIC

Introduction

On November 2, 2020, the Government of Canada introduced Bill C-9, which sets out details of the new rent support program called the Canada Emergency Rent Subsidy (“CERS“), which was previously announced on October 9, 2020. Bill C-9 would serve to amend the Income Tax Act (Canada). As of the date of this article, the legislation has yet to receive royal assent and remains subject to change.

The new rent subsidy provides support to qualifying businesses, charities, and non-profits that have suffered a revenue drop as a result of the COVID-19 pandemic. CERS effectively replaces the Canada Emergency Commercial Rent Assistance (“CECRA“) program and provides more flexibility and accessibility to both commercial tenants and property owners.

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The European Data Protection Board Issues Guidance on Cross-Border Data Transfers

On November 11, 2020, the European Data Protection Board (EDPB) issued eagerly awaited guidance for complying with the requirements of the General Data Protection Regulation (GDPR) for protecting the privacy rights of individuals in their personal data subject to potential transfer from the European Union (EU) to the United States and other countries. The guidance comes in the wake of the uncertainly following the Court of Justice’s July 16, 2020 decision in Schrems II invalidating the EU-US Privacy Shield and upholding the use of standard contractual clauses as a permissible vehicle to transfer personal data to countries outside of the European Union provided there are “effective mechanisms” in place to ensure a level of protection for the data that is “essentially equivalent” to that existing within the European Union. The Court recognized that additional safeguards may be needed to provide an adequate level of protection because the standard contractual clauses are between private parties, and do not bind governmental authorities.

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ILN Today Post

Regulatory Corporate Compliance from the Department of Business Development: (“DBD”)

The Director-General of the Department of Business Development issued an Announcement dated November 2, 2020, cancelling the previous Announcement of the Department of Business Development from March 4. 2020, regarding measures to cope with the spread of Coronavirus 2019 or COVID 19, which may affect the organization of corporate meetings in 2020. This 2nd of November Announcement will become effective on December 1, 2020, onwards. Read more…

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ILN Today Post

FOUR MORE STATES GIVE THE GREEN LIGHT TO LEGALIZE RECREATIONAL MARIJUANA

Recreational marijuana has been legalized in Arizona, Montana, New Jersey and South Dakota, as ballot initiatives legalizing marijuana have passed in all four states. This brings the tally up to 15 states plus Washington D.C. that permit recreational marijuana, and 1/3 of Americans now live in states where recreational marijuana will be legal for anyone 21 years of age or older.

MARIJUANA REGULATIONS IN THE USA

The legality of marijuana is a complicated issue in the United States. Marijuana remains a Schedule 1 controlled substance under the federal Controlled Substance Act (CSA), and it is therefore a federal crime to grow, sell or possess marijuana. Nonetheless, the Obama administration maintained a policy of non-enforcement in states where marijuana was legal, primarily via two documents—the Joyce Amendment and the Cole Memo.

Read more…

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ILN Today Post

State of emergency established in Latvia due to Covid-19

The state of emergency in Latvia is valid from 9 November, 2020 to 6 December, 2020. During the state of emergency, the regulatory enactments in the field of spread and consequences of Covid-19 infection and partially the Cabinet of Ministers regulations “Epidemiological safety measures to limit the spread of Covid-19 infection” are valid.

On November 10, the Cabinet of Ministers determined the aided sectors and the support mechanisms available to them. The list of aided sectors is available hereThe regulations on support mechanisms will enter into force when they will be published in the Official Journal of Latvia.

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Proposition 22 Passes in California, Further Narrowing AB5 – Employment Law This Week

As featured in #WorkforceWednesday:  California voters passed Proposition 22, which will exempt app-based transportation and delivery network companies from the state’s AB5 worker classification law. Attorneys Amy Ramsey and Kevin Sullivan tell us what this means for CA employers and the gig economy more broadly. You can read more here.

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Video: Proposition 22 Passes in CA, Further Narrowing AB5 – Employment Law This Week

As featured in #WorkforceWednesday:  California voters passed Proposition 22, which will exempt app-based transportation and delivery network companies from the state’s AB5 worker classification law. Attorneys Amy Ramsey and Kevin Sullivan tell us what this means for CA employers and the gig economy more broadly. You can read more here.

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Recent changes in personal data regulation in Russia

Personal data (PD) protection is becoming the main topic of the recent days, so the Russian legislation in this sphere changes rapidly. The article represents an overview of updates on personal data regulation for the 3rd quarter of 2020.

ATTEMPTS TO COUNTER THE CONSUMERS’ PERSONAL DATA COLLECTION

Russian Agency for Health and Consumer Rights has developed amendments to the Law of 07.02.1992 No. 2300-1 “On Protection of Consumer Rights”, hindering unfair behavior of business entities, which collect customers’ PD for purposes not related to the conclusion and execution of contracts.

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An Insured Is Bound by His Statements About His State Of Health

By Élisabeth Laroche and Alice Bourgault-Roy, from our Insurance Law Practice Group

November 10, 2020 — The decision in Croteau (Succession de Roy) c. TD Compagnie d’assurance-vie, 2020 QCCS 3539, rendered on October 21, deals with the nullity of a contract of insurance of persons for misrepresentation and/or concealment. The Court reiterated that the insurer, represented by RSS, was entitled to presume that the declarations of the insured were true, and that it did not have to search its archives to look for information that could have been concealed.

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Sometimes Being a Corporation Hurts When Charges Are Filed!

By Theodore Goloff, from our Labour and Employment Law Practice Group

November 10, 2020 — Though the Canadian Charter of Rights and Freedoms provides at section 12 the protection of an accused against imposition of “cruel and unusual treatment or punishment”, the Supreme Court has now held, in Quebec (Attorney General) v. 9147-0732 Quebec inc., 2020 SCC 32, that although the language specifies that such protection applies to “everyone” — a term that the courts have interpreted as including both individuals and corporations — the nature of the protection involved and its history, and particularly the idea of punishment being “cruel”, could not be intended to cover corporations.

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