Corporate & Commercial, Small Business, Corporate Services
Momentum Team
Incorporation: Federal or Ontario? Updated ...

Some significant changes to Ontario corporate law and the launch of the new Ontario Business Registry has led the Momentum team to update our advice. Deciding between incorporation at the Federal level or the Provincial level is a key decision in the incorporation process. Updated considerations …

Incorporation: Federal or Ontario? Updated Advice
Megan Cornell
Legal Basics of Personal Real Estate ...

As of October 1, 2020, real estate agents in Ontario are able to form personal real estate corporations (PRECs). This allows agents the flexibility which many other professions have, to operate as corporations instead of sole proprietors. Although PRECs are now available, they are not required.

This can allow significant tax planning advantages for real estate salespeople or brokers. The sole purpose of the PREC is to receive compensation from a brokerage which is earned by a registered broker or salesperson. The PREC does not directly provide the services of a salesperson or broker.

Legal Basics of Personal Real Estate Corporations (PRECs)
Megan Cornell
Holiday Employment Rules

For many entrepreneurs the holidays are one of the most lucrative, but also stressful times of the year! More work for the business means that employees need to work more, at the same time that many employees as well as the business owner, are hoping to spend time with family!

During this time of year it is important to be mindful of Ontario employment rules and ensure that your business is not exposed to being offside of the Ontario Employment Standards Act. Here are some of the key points to keep in mind

Holiday Employment Rules
Megan Cornell
Canadian Trademark Changes - June 17, 2019: How ...

Trademark registrations are powerful tools for protecting brands, and now is the time to prioritize registering your trademarks in Canada. Canadian trademark law is undergoing a major shift on June 17, 2019, and among the changes are an increase in the fees for trademark registrations, but also new registration requirements that will make it easier to register marks in Canada. The period between now and June 17 is the sweet-spot where you can file a trademark application and get the best of both systems – lower fees and fewer registration requirements.

Canadian Trademark Changes - June 17, 2019: How to Protect Your Brand and Save Money
Cannabis, Corporate & Commercial, Employment (HR), Business Purchase, Small Business
Guest User
AGCO Retail Cannabis Regulations

With all the talk about retail cannabis in Ontario, a lot of small business owners are being left with more questions than when they started. For the folks who just want to know what it is going to take to get a store open, here is the article for you.

AGCO Retail Cannabis Regulations

Technology

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CASL Shines Light on Malware

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In the last few weeks, you have probably read a headline or two about the CRTC’s CASL warrant. This articles aims to fill in some of the details.

Section 8(1) of CASL states that “a person must not, in the course of a commercial activity, install or cause to be installed a computer program on any other person’s computer system” unless that person has:

  1. Obtained the express consent of the owner or an authorized user of the computer system (and such consent has not been withdrawn); or
  2. Is acting in accordance with a court order.

The CRTC's Canada's Anti-Spam Legislation Requirements for Installing Computer Programs clarified that “computer system” should be interpreted as “computing device,” so as to include laptops, smartphones, desktops, gaming consoles, etc. Furthermore, certain programs, like Cookies, HTML, JavaScript and operating systems, will be viewed as having the requisite consent if the owner’s conduct is such that it is reasonable to believe that they consent. 

The Warrant

On December 3, 2015, the CRTC announced that it served the first-ever warrant under CASL to take down a Toronto-based server. This warrant was issued as part of a coordinated, international effort, involving the Royal Canadian Mounted Police, the Federal Bureau of Investigation, Europol, Interpol, Microsoft Inc. and other Canadian authorities, to disrupt what the CRTC’s Manon Bombardier calls a “very egregious” botnet.

CASL gives a justice of the peace the power to issue a search warrant where he/she is satisfied that the warrant is necessary to verify compliance with CASL, to determine whether CASL has been contravened, or to assistant an investigation in respect of the laws of a foreign state.

For more information, please see the CRTC News Release.

The Malware

The CRTC has characterized the Toronto-based server as a “command-and-control” point for the Win32/Dorkbot malware, which has reportedly infected more than one million personal computers in over 190 countries.

The Win32/Dorkbot malware is part of a botnet, a network of computer worms, which are connected through USB keys, instant messaging services and social networks. Once a computer has been compromised, the botnet can steal usernames and passwords by monitoring online activity. It uses the personal information it collects to transmit malware and spam, and to launch targeted attacks, by crippling and subsequently disabling other servers (“the distributed denial of service attack”).

To learn more about the CRTC’s activity under CASL, please see An Even Bigger Fish for CASL: Rogers on the Hook for the Largest Settlement Yet, CASL Update: $1.1 Million to Spare? and Canada’s New Anti-Spam Law: CASL.

How Momentum Can Help

A notorious malware family was the CRTC’s target on this occasion. However, to date, most of the CRTC’s enforcement efforts have targeted reputable Canadian companies, which have inadvertently contravened CASL (usually through non-compliant communications practices). Give us a call today to ensure that your corporate privacy policies are CASL-compliant.