Regulatory & Government Matters

Regulatory & Government Matters

Companies, under growing pressure of regulations, increasingly need the help of knowledgeable lawyers who can advise them about compliance. In certain transactions, especially larger ones, growing focus is on regulatory approvals, such as those imposed by Investment Canada and the Competition Bureau.

We can help you develop compliance policies so that your business complies with laws, regulations, policies and standards at the municipal, provincial and federal government levels.

The regulatory environment is ever-changing.  So you need reliable, up-to-date lawyers to help ensure that your company is operating within current policies and standards. You can rely on our working knowledge of statutory and regulatory structures of the government process by which regulations are enforced.

Depending on the nature of your business and where it operates, compliance issues may have an international component. If you’re involved in international trade, for instance, our team of knowledgeable specialists at HLF can advise you on complying with such pertinent as international trade agreements, economic sanctions, anti-bribery laws and money-laundering laws. By adhering with international trade regulations, you are avoiding the risk of serious reputational damage a breach can cause.

Regulation is a part of life in Canada. Regulations cut a wide swath (see Practice Areas), extending to everything from certain sectors or industries to certain businesses and certain occupations.

Financial Services Commission of Ontario (FSCO) licenses and regulates insurers in the province of Ontario to ensure they comply with the law.

The Ontario Energy Board (OEB) regulates the province’s electricity and natural gas sectors in the public interest.

About 10 percent of Canadian workers are employed by businesses and industries regulated by the Canada Labour Code.

Examples are:

• most federal Crown corporations
• banks
• marine shipping
• ferry and port services
• air transportation, including airports, aerodromes and airlines
• railway and road transportation that involves crossing provincial or international borders
• canals and pipelines
• tunnels and bridges (crossing provincial borders)
• telephone, telegraph and cable systems
• radio and television broadcasting

Some professions are regulated to protect public health and safety. To work in these professions, you must have a licence. Currently 14 non-health professions are covered by the Fair Access to Regulated Professions Act, 2006, and 26 health professions are covered by the Regulated Health Professions Act, 1991, as amended.

Examples of regulated non-health professions are:

• chartered accountant
• architect
• engineer
• insurance broker
• real estate agent
• social worker; and teacher.

Examples of regulated health professions are:

• audiologist
• chiropodist
• chiropractor
• dentist
• dietician
• massage therapist
• nurse
• optician
• optometrist
• pharmacist
• physician and surgeon (doctor)
• physiotherapist
• psychologist
• veterinarian

Some trades are regulated in Ontario. To work in these trades, you must have a Certificate of Qualification or be a registered apprentice. Examples are: autobody repairer; electrician; hairstylist; plumber; and sheet metal worker.

The body of regulatory laws in Canada is enormous. The laws can be subdivided into sectors or industries. For instance, in the financial institutions sector, federal statutes like the Bank Act an Trust and Loan Companies Act govern. The list is long and diverse.

When you need a lawyer to explain the laws that might regulate you or your business, get in touch.