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Inside Internal Controls

News and discussion on implementing risk management

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2018

What you need to know about the July 2018 amendments to the Ontario Construction Lien Act

On July 1, 2018, the first round of amendments to the Ontario Construction Lien Act – including its new name, the Construction Act – came into force.

 

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The Crown pierces the corporate veil: Court imposes liability on individual for fines imposed against a corporate defendant

An Ontario Court has revolutionized the law with respect to whether an individual can be held personally liable for fines imposed against the corporation for breaches of regulatory legislation.

 

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New information about cyber risk is alarming

According to the 2018 Sentinel One Global Ransomware Report, it appears that the frequency of attacks are surprisingly high, but the extent of damage is surprisingly low.

 

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Canada takes next steps towards implementing the MLI

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The objective of the MLI is to implement measures to counter base erosion and profit shifting (“BEPS “) without requiring each party to a bilateral tax treaty to enter into a bilateral negotiation process.

 

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No good deed goes unpunished

Fundamentally, charities are actors in society as are any others. We all have a duty of care to some degree to our neighbors. Indeed, generally the closer the relationship the higher the standard of care one expects. Consequently, charities need to be aware that even in the pursuit of charitable activities, they could be liable if their activities do not take into account the safety and the potential damage of their actions to either their beneficiaries or to their patron donors.

 

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CASL enforcement: Recent trend

It can be relatively difficult to read the tea leaves in the CRTC’s approach to CASL enforcement, because there is little public record of those enforcement activities. This was noted by the Standing Committee on Industry, Science and Technology, in its statutory review of the Act. However, what signs do exist suggest that enforcement activities are accelerating. In 2016 and 2017, the CRTC announced only one undertaking in a CASL proceeding. By contrast, in the first quarter of 2018, there have already been two.

 

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Cannabis regulations: Health Canada’s solution to support the Cannabis Act

The Cannabis Act will provide a comprehensive national framework for restricted access to regulated cannabis and control its production, distribution, sale, importation, exportation and possession. Within that framework, new sets of regulations were published on July 11, 2018, that spell out the rules and standards for authorized cannabis production, distribution, sale, importation and exportation among other things.

 

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The most important question is WHY

Too often, people do things without asking themselves why they are doing them. It may be because that is what they have always done, what somebody told them to do, or because they read about it in a book or standard.

 

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Ontario court strikes down limits on non-partisan political advocacy by charities

An Ontario court decision rendered on July 16th may completely change the rules about political advocacy by Canadian charities. The decision struck down the law limiting a charity’s non-partisan political activities. This affects every Canadian charity hoping to get public support for policies relevant to its charitable purposes and activities.

 

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Overarching limit on the collection, use and disclosure of personal information

A key takeaway for organizations is that it is not enough to comply with other provisions in PIPEDA, for example, obtaining meaningful consent. Organizations must still show that their purposes for collecting, using or disclosing personal information are those that a reasonable person would consider appropriate in the circumstances.

 

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Wade-ing into the limits on post-contractual conduct: BC Court of Appeal confirms post-contractual conduct may be considered only if contract contains ambiguity

Attempts by litigants to rely on post-contractual conduct are not uncommon in commercial litigation involving contractual interpretation. However, in the case of Wade v. Duck, an important reminder is offered that Canadian contract law places strict limits on the circumstances in which courts may have recourse to post-contractual conduct when interpreting a contract.

 

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A new era of private corporation tax rules – Part IV

The new TOSI rules are effective as of January 1, 2018. However, corporations have until the end of 2018 to complete corporate reorganizations to meet the votes and value test in the “excluded shares” exception if that exception is otherwise available to be used. Other points from Bill C-74 will be of interest as well. This article highlights comments from the Canada Revenue Agency and Department of Finance made at the roundtable at CALU and STEP.

 

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Is there an ROI for investing in cyber or information security?

IS ROI on cyber really as high as it may seem at first glance? At some point, it may be better to consider cyber risk as a “cost of doing business”. If you can’t actually reduce the likelihood of a breach, can you at least increase the likelihood of prompt detection and response?

 

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Casinos, cards and counter-strike: A brief overview of skin gambling in Canada and abroad

In recent years, the gaming industry has seen the rise of so-called “skin gambling” websites. Critics have been quick to raise red flags, citing the need for profound regulation and protective measures shielding children from such platforms. This bulletin explores the practice of skin gambling, including regulatory responses in Quebec and the rest of the world.

 

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FCAC releases report on best practices in financial consumer protection

The Report on Best Practices in Financial Consumer Protection published by the Financial Consumer Agency of Canada outlines several best practices for financial consumer protection regimes.

 

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