Government Regulation and Public Sector Law

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Government regulation and public sector law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as fiscal and monetary policy, human rights, foreign investment, government contracts and procurement, and constitutional and administrative law.
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Article
Divisional Court Clarifies Judicial Review Of Procurement Decisions And Upholds Disqualification Of Bidder
The Divisional Court's decision in Land Design Inc. v. Ontario Infrastructure and Lands Corp. establishes critical boundaries for judicial review of procurement decisions and clarifies bidder obligations under no-contact rules. When does a procurement decision become sufficiently public to warrant court intervention, and what responsibility do bidders bear when their employees engage with prohibited government officials during an active RFP process?
Canada Litigation
BC
Blake, Cassels & Graydon LLP
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Article
Lessons From Bayliss v. Burnham: Implications For Estate Planning On First Nation Reserves
The case of Bayliss v. Burnham examines a contested will of a First Nation individual with substantial assets, raising critical questions about digital signatures, ministerial oversight under the Indian Act, and the application of common law principles to Indigenous estate planning. This decision highlights the complex intersection of federal legislation, provincial law, and customary practices that govern testamentary matters for status Indians residing on reserve.
Canada Family
GW
Gowling WLG
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Article
Procuring An Edge: Indigenous Businesses And Federal Set-asides
Canada's Indigenous procurement framework requires more than nominal ownership. Recent scrutiny reveals that businesses must demonstrate meaningful Indigenous control, participation, and economic benefit, while federal buyers face pressure to ensure opportunities translate into real Indigenous economic outcomes. The rules operate at multiple levels, creating a substantive compliance exercise that extends well beyond the familiar "51% Indigenous-owned" threshold.
Canada Government
GW
Gowling WLG
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Curated
Foreign Exchange Bureau Compliance In Canada: FINTRAC Reporting, AML Obligations, And CRA Tax Rules For Currency Exchange Businesses
Foreign exchange bureaus operating in Canada are subject to a comprehensive compliance regime under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, administered primarily by the Financial Transactions and Reports Analysis Centre of Canada, alongside tax reporting obligations enforced by the Canada Revenue Agency.
Canada Tax
RS
Rotfleisch & Samulovitch P.C.
Article
Explaining The Unexplained: Consultation On Unexplained Wealth Orders In Ontario
Ontario's Ministry of the Attorney General is considering amendments to introduce unexplained wealth orders (UWOs), a new investigative tool that would compel individuals to explain the origin of their property when there's a significant mismatch between known lawful income and apparent wealth. The proposed regime would shift the burden of proof to respondents and could be used to support civil forfeiture proceedings targeting proceeds of unlawful activity.
Canada Criminal
MT
McCarthy Tétrault LLP
Article
From Compliance To The Courtroom: Navigating Canada’s Rapidly Escalating Anti-Money Laundering Enforcement Landscape
Canada's anti-money laundering enforcement regime is undergoing a seismic shift, with FINTRAC issuing record penalties and new legislation increasing penalty caps by up to 40 times. Understanding how to navigate the enforcement pipeline—from examination through Federal Court litigation—is now critical for reporting entities facing unprecedented regulatory scrutiny.
Canada Government
DW
Davies Ward Phillips & Vineberg
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