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News and discussion on implementing risk management

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Business and Legal Issues

New ownership transparency requirements for federal corporations

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As a result of recently passed amendments to the federal Canada Business Corporations Act (CBCA), corporations incorporated under that statute will soon be required to maintain a register of individuals with “significant control” over the corporation (an ISC Register).

 

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The charities and the Canada Elections Act amendments series

Two major changes to the field of political participation received royal assent on December 13th, 2018: changes to the charities’ political activities rules in the Income Tax Act, and changes to the Canada Elections Act.

 

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Selecting a framework for managing risk

arol Williams has a website, ERM Insights, where she writes about risk management (I prefer to talk about the management of risk, rather than risk management, to ensure we are talking about how the organization addresses what might happen, i.e., risk, rather than talking about a function or team).

 

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Pot & privacy: BC Privacy Commissioner issues guidance for protection of personal information in cannabis transactions

The Office of the Information and Privacy Commissioner for British Columbia has released a guidance document to help cannabis retailers and purchasers understand their rights and obligations under the Personal Information Protection Act (British Columbia).

 

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Franchise article series: What is a franchise?

In order to determine whether the Franchises Act applies to a particular business model, one must first review the definition of a “franchise” in the Act as well as in relevant court decisions.

 

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Beyond due diligence: Ongoing third party risk management

There is something in a name. More people in the compliance industry, when referring to third-party due diligence, are labeling it “Third Party Risk Management.” I like it because it is more accurate.

 

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Bad investing advice and promissory notes: When can you sue and why

Any combination of stressful circumstances, a high degree of trust, inexperience or internet expertise replacing real expert advice might result in a person ignoring a clear warning sign that they are about to enter less than prudent contractual relations or make a poor investing decision.

 

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Is internal audit being distracted by consultants bearing sparkling new toys?

In PwC 2019 State of the Internal Audit Profession Study, they are advising internal auditors to adopt approaches and practices with which I disagree.

 

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Proposed changes to anti-corruption rules for federal government procurement and real estate leasing

The federal government’s rules around the integrity of the procurement process also apply to real estate, in particular, the possibility that leases with the federal crown as tenant can be terminated for breach of anti-corruption provisions.

 

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Ombudsperson for responsible enterprise

The federal government has appointed Sheri Meyerhoffer as the Ombudsperson for Responsible Enterprise. The Ombudsperson for Responsible Enterprise (CORE) reviews allegations of human rights abuses against Canadian companies operating abroad.

 

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CSA and IIROC propose regulatory framework for cryptoasset trading platforms

On March 14, 2019, the Canadian Securities Administrators and the Investment Industry Regulatory Organization of Canada published Consultation Paper 21-402 Proposed Framework for Crypto-Asset Trading Platforms proposing a regulatory framework for platforms that trade cryptoassets.

 

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Are we taking risk, making a decision, or gambling?

We gamble all the time, but we don’t think of it that way. We think we are making decisions, not gambling – and often don’t see it as taking risk either.

 

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Regulation of online advisors: An international overview

The regulation of online advisors, often referred to as “robo-advisors”, continues to be a hot topic in the financial services industry. Online advisors are digital wealth managers which generate investment recommendations and automatically invest and rebalance funds based on an investor’s risk tolerance.

 

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Federal Court of Appeal holds Canada Revenue Agency does not have the power to compel oral interviews during audit

The Canada Revenue Agency (CRA) has increasingly requested oral interviews during audits, particularly in transfer pricing audits. In Minister of National Revenue v. Cameco Corporation, the CRA sought an order compelling employees of the Cameco group to attend oral interviews. The decision of the Federal Court of Appeal (FCA) will be welcomed by taxpayers as it holds that an auditor does not have the power to compel such interviews.

 

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Behind the corporate veil: New ownership record rules in Canada

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On December 13, 2018, Bill C-86 received royal assent. This Bill contains a series of amendments to the CBCA pertaining to the tracking and recording of “individuals with significant control” (“ISCs”) over a corporation.

 

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