Canada: Constitutional & Administrative Law

The Court of Québec has clarified the interpretation of section 22 of Quebec's Access to Information Act, determining that public bodies need not prove "economic loss" when refusing document disclosure. The ruling addresses whether universities and other public institutions can withhold pedagogical materials and technical information when disclosure might cause losses or benefit third parties, establishing a new standard for applying access to information exceptions.

The Indian Act's registration provisions have undergone multiple amendments to address sex-based discrimination, yet many First Nations membership codes still incorporate outdated eligibility criteria from the 1985 Act. Recent court decisions have found these membership codes unconstitutional when they perpetuate the same discriminatory provisions that were challenged and remedied through Bills C-3 and S-3, creating a two-tier citizenship system that disadvantages descendants of female ancestors compared to

Ontario's Minister of Municipal Affairs and Housing has taken the rare step of referring Toronto's Official Plan Amendment 804 to the Ontario Land Tribunal for recommendation. This referral involves the redesignation of certain Employment Areas and will have significant implications for how the province's new "area of employment" regime is applied across Ontario. The Tribunal's forthcoming recommendation will be closely watched by municipalities and stakeholders throughout the province.

The Supreme Court of Canada has released its much-anticipated decision Democracy Watch v. Canada (Attorney General), 2026 SCC 28. This is a watershed case that underscores the significance of the rule of law to Canada’s constitutional structure.

The Canadian government has announced its intention to eliminate the controversial 5% base financial contribution requirement imposed on foreign online streaming services by the CRTC in 2024, marking a dramatic reversal in broadcast sector regulation. This development comes amid ongoing Federal Court of Appeal proceedings and rising trade tensions with the United States, raising questions about the future of financial support for Canada's domestic film and television production industry.

The Supreme Court of Canada has issued a landmark decision in Democracy Watch v Canada that establishes fundamental principles about the constitutional limits of judicial review. This ruling addresses critical questions about the scope and boundaries of courts' authority to review administrative decisions. The decision has significant implications for how Canadian courts will approach judicial review cases going forward.

The Supreme Court of Canada has established that Parliament cannot prevent judicial review of administrative decisions, striking down a partial privative clause in the Conflict of Interest Act. This landmark ruling constitutionalizes the availability of judicial review for all exercises of public power, fundamentally reshaping the relationship between legislatures, administrative bodies, and courts. The decision clarifies that while legislatures may influence how courts review decisions, they cannot elimina

Quebec and Canada have published a draft environmental assessment agreement that would establish a "one project, one assessment, one decision" framework for major projects in the province. The proposed cooperation agreement would eliminate the need for separate federal impact assessments for non-federal projects, instead relying on Quebec's existing Environment Quality Act process administered by BAPE. This streamlined approach differs from other provincial agreements and could significantly reduce approval

This comprehensive legislative update covers recent regulatory changes, proclamations, and proposed regulations across Canada's federal government and all provinces and territories.