CORPORATE (ONTARIO)

Ontario non-share capital Corporation Law that is legislation governing charities and not-for-profit organizations is in process of a major overhaul, in some respects similar to Federal legislation already in force.  New  Ontario legislation is anticipated to be enacted within the next year, although no precise date has been given.

Many Ontario non-share corporations will need significant revision to their constating documents to be in compliance with the new Act. Further, restructuring options may exist now which may no longer exist once the new Ontario Act comes into force. Accordingly, these Ontario corporations should seek legal advice well in advance of the enactment date, which is not precisely known at this time.

TRADEMARKS (CANADA)

The Canadian Trademarks Act is currently in the process of a major overhaul, the first significant set of changes since 1953. Certain of these changes have already come into force but a great many more are pending enactment pending the implementation of more detailed regulations. These changes are substantial. They include abolishing the distinction between proposed use and actual use Marks, the ability to obtain registration without having to prove use first, establishing for the classification of all goods and services, and ultimately charging a fee per service with respect to each and every class. Canada will also  be a party to an international treaty providing for so-called international trademark registrations which will create a significant burden on Canadian trademark owners to monitor the Canadian Trademarks Database carefully and oppose or otherwise challenge inappropriate trademark applications, the number of which is expected to increase dramatically when all of the new changes to The Canadian Trademarks Act are implemented. Implementation is expected sometime within the next year but no precise time has been given. Typically very little notice will be given when changes are ready for implementation.

We recommend that trademark owners of currently registered marks, and marks to be applied for consult their lawyers and trademark agents with respect to how these new changes will affect their trademark portfolio and how this new trademark legislation should be dealt with.

CONSTRUCTION LIENS (ONTARIO)

The Ontario Government has initiated a broad-based review of the Ontario Construction Lien Act with a view to obtaining recommendations from all stakeholders to improve all facets of the current  Construction Lien Act. Precisely how the Act will be amended and what that legislation and resulting regulations will look like are not known but this is expected within the next few years.