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Inside Internal Controls

News and discussion on implementing risk management

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Author Archive - McCarthy Tétrault LLP

McCarthy Tétrault is a Canadian law firm that delivers integrated business law, litigation services, tax law, real property law, labour and employment law nationally and globally. McCarthy publishes a series of blogs to share information with companies to help them comply and manage their businesses. On the Inside Internal Controls blog we will share some of those blog posts sharing their expertise among others, in the areas of Competition/Anti-trust, Corporate and Commercial Law, Intellectual Property, Privacy, Environmental Law, Technology and Litigation. Read more here

ONCA affirms an offer of employment by the purchaser of business assets to an employee of the seller is valid consideration for a new employment contract

Where the purchaser of all or part of the assets of a business offers employment to a seller’s employee, and the employee accepts, the following common law rule applies: the employee’s employment with the seller is constructively terminated, and a new contract of employment is entered into with the purchaser.

 

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Competition Act update

The Competition Bureau must generally be given advance notice of proposed transactions when the acquired assets in Canada or revenues generated in or from Canada from such assets exceed C$92 million, and when the combined Canadian assets or revenues in, from or into Canada of the parties together with their respective affiliates exceed C$400 million.

 

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The Quebec Court of Appeal comments on the role of class action representative and interactions with class counsel, in the context of abusive proceedings

Should the class representative fail to ensure the adequate conduct of the action, and more particularly in the context of abusive proceedings, the Court may take measures in order to ensure the orderly progress of the case, which could exceptionally go as far as making orders to replace the class representative.

 

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Privacy damages awarded for commercial use of a person’s image in a public setting

Organizations which use images for commercial purposes would be wise to seek the consent of all persons appearing in such images, even where the images are made in a public setting.

 

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Artificial intelligence: The year in review

The regulatory landscape impacting AI continues to evolve both domestically and abroad. As we begin the new year, we pause to reflect on some of 2017’s most notable developments in AI and prepare for new trends to watch out for in 2018.

 

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Technology law highlights: 2017 Year in Review

Here, in no particular order, are some of the year’s highlights as chronicled by McCarthy Tétrault’s bloggers:

 

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Ontario proposes amendments to gift card rules to clarify scope

The Government of Ontario’s proposal to amend existing gift card rules under the Consumer Protection Act, 2002 (Ontario) states that the amendments are intended to clarify “confusion in the marketplace about how the rules apply to certain types of cards, like prepaid credit cards”.

 

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Keeping an eye on employees – Guidance from BC’s Office of the Information and Privacy Commissioner

If you decide that you need to keep an eye on your employees, you’ll want to take into consideration this guidance from BC’s Office of the Information and Privacy Commissioner. As technology becomes more inexpensive, accessible and ubiquitous, we are seeing an increase in employers’ use of surveillance tools. While workplace monitoring has its benefits, […]

 

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Key developments in Canada’s economic sanctions and export controls during 2017 & what to expect in 2018

This article begins with a summary of parliamentary recommendations to improve Canada’s sanctions regime, and then launches into reforms that have already taken shape, such as the creation of a publicly-accessible sanctions database and the adoption of a new Magnitsky Law. Second, it discusses recent updates to Canada’s export controls and economic sanctions laws. Third, we explore Canada’s preparations to join the Arms Trade Treaty with Bill C-47, including expected developments in 2018.

 

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Canadian Competition Bureau releases final fintech report

The Bureau’s final fintech report is intended as guidance for financial services sector regulators and policymakers. The following are the key takeaways, which were covered in more detail when the draft report was issued.

 

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Alberta proposes significant amendments to consumer protection legislation

Bill 31 makes amendments to consumer protection legislation and addresses a number of items, including negative consumer reviews, ticket sales and resales, veterinary services, car sales and repairs, and changes to the Alberta Motor Vehicle Industry Council. On November 29, 2017, the Government of Alberta introduced Bill 31: A Better Deal for Consumers and Businesses […]

 

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Federal government introduces new amendments to the Canada Labour Code to address workplace violence and harassment

The Federal Government has recently introduced Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1, which provides for significant changes in how federally-regulated workplaces must address workplace violence and harassment. Bill C-65 follows a year-long public consultation commissioned by the Ministry of Employment, Workforce Development and Labour that concluded that harassment and violence in workplaces is underreported and not dealt with effectively when reported.

 

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Counting down to December 31, 2017 – Don’t forget about your AODA compliance report

A quick reminder that pursuant to the Accessibility for Ontarians with Disabilities Act, 2005 (Ontario), Ontario private sector businesses with twenty or more employees are required to file an AODA compliance report every three years. The next deadline is fast approaching – December 31, 2017.

 

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Updated: Nova Scotia passes new cyber-bullying legislation

On October 5, 2017, the Nova Scotia Legislature introduced Bill No. 27, the Intimate Images and Cyber-protection Act. The Act comes as Nova Scotia’s previous cyber-bullying legislation, the Cyber-safety Act, was struck down in 2015 by the Nova Scotia Supreme Court on constitutional challenge.

 

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Facilitation payments now illegal under Canada’s foreign corruption law

On October 31, 2017, the federal government brought into force a pending amendment to the Corruption of Foreign Public Officials Act likely to have a significant impact on many Canadian firms operating abroad. Starting on October 31, so-called “facilitation payments” – payments to low-level government officials to expedite or secure the performance of an act of a routine nature – will be illegal.

 

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