Commitment

Bill 96: Ten things you should know

Bill 96: Ten things you should know

Quebec recently enacted Bill 96, entitled An Act respecting French, the official and common language of Québec, which aims to overhaul the Charter of the French language.

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  • The Canada Emergency Wage Subsidy: The Canada Revenue Agency takes action

    In response to the pandemic, the Canadian government launched in the spring of 2020 the Canada Emergency Wage Subsidy (the “CEWS”), a program that provides employers with a subsidy based on the remuneration paid to their employees and income they lost during the pandemic. Section 125.7 of the Income Tax Act (the “ITA”) sets out how the subsidy is to be calculated, and likely caused problems for those who had to interpret this ambiguous provision without supporting doctrine or jurisprudence. For instance, calculating the “qualifying revenue,” which is central to the CEWS calculation, involves many nuances. As an example, it requires that an entity’s revenue during qualifying periods be estimated and that certain items be excluded, such as “extraordinary items,” a term new to the ITA. The calculation of “eligible remuneration,” another important component of the CEWS calculation, also has a number of peculiarities, such as the inclusion of remuneration for related and managerial employees. The Canada Revenue Agency (“CRA”) now has taxpayer’s CEWS calculation in its sights. The CRA began auditing CEWS claims and issuing notices of assessment to taxpayers in an effort to reduce the amount of CEWS originally granted. With reductions in pre-pandemic period qualifying income or the inclusion of items that taxpayers had initially excluded in their qualifying period income, such assessments are likely to have a significant impact on the CEWS amounts to which taxpayers were entitled, especially for companies with a large number of employees. In specific cases, the CRA may also impose penalties which can be as high as 50% of the excess subsidy claimed. Although the time limit for amending CEWS claims has expired, submitting a fairness request to amend a previously filed claim may be possible in some circumstances. Moreover, when notices of assessment are issued, a notice of objection may be filed to contest the adjustments made by the CRA. It is important to keep all documentation related to the calculation of the “qualifying revenue,” your employees’ remuneration and any other accounting documents to support the CEWS amounts claimed. A proactive approach and early intervention in a CEWS audit will not only result in a more favourable outcome in a given case, but will also prevent many back-and-forths with the CRA. Lavery’s tax law team is familiar with the CEWS program and its intricacies, and can assist you should you be audited or should you receive a notice of assessment from the CRA.

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  1. Lavery Welcomes a New Partner in the Business Law Group

    Lavery is delighted to welcome a new partner, Véronik Bonneville-Pesant, to the Business Law Group to the Montréal office. Her practice is focused mainly on mergers and acquisitions, commercial law and corporate law. She brings a cutting-edge expertise and a practice approach  in the energy sector. More specifically, she brings experience in infrastructure projects and renewable energy investments. Before joining Lavery, Me Bonneville-Pesant was Vice-President of Legal Affairs at a pioneering company in the Canadian wind industry that is very active in the development of renewable energy projects. She has also developed an extensive expertise in corporate governance. Because of her experience, she plays a central role in negotiating and drafting agreements related to the inception and implementation of private investment funds, especially in the wind energy sector, as well as agreements related to the development, acquisition and financing of renewable energy projects.

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  2. Three new members join Lavery’s ranks

    Lavery is pleased to announce the arrival of Victoria Cohene, Fanny Poulin and Souad Berrada to the firm. Victoria Cohene – Senior AssociateVictoria Cohene joins the firm's Litigation group, specifically in Family Law, Personal Law and Estate Law. Her practice covers all matters relating to family, personal and estate law, in particular divorce, legal separation, separation of de facto couples, child custody, child and spousal support, partition of property, name changes, grandparents' rights of access to their grandchildren, institution of protective supervision, homologation of mandates and estate litigation. "I was fortunate to have begun my law career at Lavery, and after 5 years developing experience as an independent lawyer, I am excited to be rejoining the "Dream Team". I look forward to learning and collaborating with lawyers having such integrity, empathy, commitment and high standards, and know that I will also have the support of so many other dedicated and kind individuals." Fanny Poulin - AssociateFanny Poulin joins our Labour and Employment Law Group. She joined Lavery after completing her bar association internship at a private firm specializing in family law. "I'm very excited to join the Lavery team! What attracted me to the firm was the passion exhibited by my colleagues and the intellectual challenges that await me." Souad Berrada - ParalegalSouad Berrada joins our Business Law Group. She will provide her experience to our corporate law professionals by assisting in the drafting of legal documentation for corporate transactions. "I decided to join the Lavery team is because of the firm's strong reputation and the fact that it remains one of the most qualified firms in Canada. It is also a wonderful challenge that will undoubtedly allow me to grow and develop within a team of outstanding professionals."

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  4. Lavery helps NorthStar to close an investment round worth approximately CA$ 47 million

    On December 23, 2022, NorthStar Earth & Space Inc. closed a Series C investment round worth approximately CA$ 47 million, with Cartesian Capital Group, LLC, as lead investor through its fund, Pangaea Three Acquisition Holdings III, LLC, Telesystem Space Inc., Luxembourg Future Fund – Co-Investments SA, the Québec Government through its mandatary Investissement Québec, and the Luxembourg Space Sector Development SCSp funded by the world’s leading connectivity solutions provider, SES, and the Luxembourg Government. With this investment, NorthStar will be able to fully finance its Space Situational Awareness (SSA) development project and the launch of its first three monitoring satellites scheduled for mid-2023. Lavery was privileged to represent NorthStar in this important mandate. Our partner, Ms. France Camille De Mers, led the transaction with the support of Mr. Philippe Brassard and Ms. Pamela Cifola, in particular. Our partners Mr. Ali El Haskouri and Mr. André Vautour also helped make the transaction a success. — NorthStar Earth & Space Inc. is the first commercial enterprise to monitor all near-Earth orbits from space and combine data from a variety of ground-based sensors to provide more extensive coverage. Its suite of high-speed information services accurately tracks and predicts the position of space objects to enable safety in spaceflight. With a head office in Montréal, Canada, European subsidiary in Luxembourg and an American subsidiary in McLean, Virginia, NorthStar is solving the ever-growing threat of space collisions, and, ultimately empowering humanity to preserve our planet.

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