CANADA Law and Practice Contributed by: Laura Duke, Will Shaw and Emma Russell, Lawson Lundell LLP
ensure that the entity being acquired has all required permits and authorisations for its operations and to understand the key terms of those permits, includ- ing any time-limited rights or obligations and expiry dates. Permitting due diligence in Canada is made more complicated by the four possible levels of gov- ernment involved (federal, provincial or territorial, municipal and, in certain cases, indigenous), each of which may have multiple agencies issuing permits for one operation. Permitting due diligence also requires examining the permit terms and the enabling legislation to determine whether there are any transfer restrictions or require- ments ‒ these are common in Canadian law, and must be adhered to for the transfer of permits to be valid.
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