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Inside Internal Controls

News and discussion on implementing risk management

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2017

Former employee steals personal information to purchase smart phones

The Office of the Information and Privacy Commissioner of Alberta has required a payment processing organization to notify individuals pursuant to section 37.1 of the province’s Personal Information Protection Act because there was a real risk of significant harm to those individuals affected by an incident that involved unauthorized access and theft of information of 60 Alberta residents.

 

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Lenovo and Superfish: Proposed class action proceeds on privacy tort and statutes

It has been reported that a partial settlement may have been reached with Superfish, in a U.S. class action against both defendants. The settlement reportedly includes Superfish’s cooperation with the plaintiffs by disclosing over 2.8 million additional files and providing Superfish witnesses for a potential trial. The Canadian proposed class action is very much in its infancy. It remains to be seen how the class action will evolve in Canada.

 

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Ontario Introduces Bill 142, Construction Lien Amendment Act, 2017: It’s much more than just liens!

On May 31, 2017, Ontario Attorney-General Yasir Naqvi introduced Bill 142, entitled “Construction Lien Amendment Act, 2017”. The Bill follows upon a report commissioned by the Ontario government and prepared by Bruce Reynolds and Sharon Vogel entitled “Striking the Balance: Expert Review of Ontario’s Construction Lien Act”. If enacted, the proposed legislation will introduce what is arguably the most sweeping set of changes that the Canadian construction industry has ever seen.

 

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Risk appetite in practice

From time to time, I am asked about the best risk management activity I have seen. Perhaps the best overall ERM was at SAP. I wouldn’t say it was perfect but it did include not only periodic reviews but the careful consideration of risk in every revenue transaction (including contracting) and development activity.

 

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SEC awards whistleblower reduced amount citing whistleblower culpability

The February 28, 2017 order emphasized that the reduced award was a result of the whistleblower’s culpability in connection with the securities law violations and the whistleblower’s delay in reporting the violation to the SEC.

 

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How to go beyond the words to craft smarter policies

All of these tips seek to offer ways to make policies and procedures better, but the most important tip is that policies and procedures should not be managed in a vacuum. They are an important element of an effective compliance program without regard to what compliance guidance your organization follows. Ignoring policies can negatively impact compliance conduct, training, monitoring and auditing, investigations – and most importantly and ultimately – the reputation of an organization.

 

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Neighbourhood annoyances and Section 976 C.C.Q.

This case reminds us that a consequence of Section 976 C.C.Q. is to prohibit neighbourhood annoyances that are deemed to be abnormal, but it does not prohibit all of the annoyances associated with societal life.

 

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NAFTA renegotiation and modernization consultations

The Government of Canada is requesting submissions from persons interested in the renegotiation and modernization of the North American Free Trade Agreement. The purpose of these consultations is to identify “key interests and concerns” about NAFTA. Submissions are due by July 18, 2017.

 

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Risk management in review

PwC’s latest Risk In Review study makes some very interesting points. It carries the title of “Managing risk from the front line” and I recommend downloading and reading it.

 

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Ontario’s proposed changes to employment and labour laws could still impact franchising

The Ontario government has responded with surprising speed to the Final Report from the Changing Workplaces Review (the Final Report) by introducing Bill 148, the Fair Workplaces, Better Jobs Act, 2017 on June 1, only eight days after the release of the Final Report on May 23, 2017. Bill 148 is intended to implement certain recommendations made in the Final Report. In a positive development for franchisors and franchisees, Bill 148 does not include measures to adopt the more drastic recommendations in the Final Report that were specifically directed at franchise systems.

 

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Withholding on foreign workers

Charities spend a great deal of time and energy focusing on audits from the Charities Directorate. While this attention on the Directorate is justifiable it is important to recognize that charity regulation is only one function of the Canada Revenue Agency (the “CRA”) and that charities are answerable to the CRA for many of its activities.

 

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Canada’s proposed Cannabis Act: A summary

Canadians have been anticipating the legalization of cannabis since it formed part of the Liberal Party of Canada platform in the 2015 federal election campaign. On Thursday, April 13, 2017, the Government of Canada made a significant step towards enacting the platform promise when it tabled draft legislation—the Cannabis Act (the “Act”). The Act overhauls Canadian criminal legislation pertaining to the sale of cannabis and sets out a legal framework for its production, distribution and possession. The Government has indicated that it intends for the Act to come into force before July 2018.

 

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Canadian government suspends CASL private right of action

The Canadian federal government has announced that it has suspended the coming into force of the private right of action under Canada’s anti-spam legislation (CASL), originally scheduled to come into force on July 1, 2017.

 

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Are your internal auditors present?

The audit plan should reflect reality, not ivory tower beliefs. How confident are you that your audit plan addresses the risks as they appear in the front lines? Is that acceptable? If not, what are you doing about it?

 

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On the road to legalization: Highlights of Canada’s proposed Cannabis Act

On April 13, 2017, the Government of Canada introduced Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (the Cannabis Act). Consistent with the Liberal Party of Canada’s 2015 election promise, the Government of Canada believes that the Cannabis Act will “create a strict legal framework for controlling the production, distribution, sale and possession of cannabis in Canada.”

 

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