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News and discussion on implementing risk management

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Business and Legal Issues

Alberta moves to strengthen its lobbying law: Proposed legislation would be among the strictest in country

If amendments to the Lobbyists Act, introduced on April 11 by the Government of Alberta, are passed by the Legislature, the Lobbyists Amendment Act, 2018, would make Alberta one of the strictest regulators of lobbying in the country.

 

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How do you manage culture?

psychological safety

There are many aspects or dimensions to culture, just as there are many dimensions to the behavior you want it to drive. They may include:

 

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10 top ways to be a wildly effective compliance officer

Competition law

To be wildly effective, compliance officers should have a positive working relationship with the other functions in the business, especially Legal, Audit and Human Resources.

 

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How to protect trade secrets following the departure of a key employee

Employers must keep in mind the fact that there is a thin line between, on the one hand, confidential information belonging to a company that remains protected by virtue of the duty of loyalty and, on the other hand, the personal knowledge and skills that an employee has acquired throughout the years and is entitled to bring to a competitor.

 

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The SEC is changing the rules for SOX s302 certifications to include cyber risks

You may know that the SEC just published new guidance on the disclosures they are required to make related to cybersecurity. But did you realize that the SOX s302 certification now has to address whether disclosure controls are adequate in ensuring that the proper disclosures are made?

 

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It’s official: Mandatory data breach notification coming on November 1, 2018

The coming into force of mandatory breach notification and record-keeping requirements on November 1, 2018 should be viewed by organizations as an effort to align Canadian legal and regulatory requirements with those in the United States and Europe (especially with the General Data Protection Regulations – or GDPR – coming into force in May 2018).

 

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Rejected job applicants obtain disclosure of application records under privacy law

PIPA governs how private organizations handle personal information and creates rules regarding its collection, use, and disclosure. Section 23(1)(a) of PIPA gives individuals the right to access their personal information that is under the control of an organization.

 

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The updated ISO risk management standard merits our attention

Neither the ISO nor the COSO updates will, in my opinion, move the understanding and practice of ‘risk management’ to where they need to be. The updates are small steps when leaps were required.

 

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Gala event gone bad – President’s Club Charitable Trust

We report on this gala event not to comment on the legalities from the English law perspective, but to offer some preliminary comments on how Canadian law might apply if the President’s Club Charitable Trust’s fundraising event had happened in Canada. Canadian law requires employers to take steps to provide a workplace free from sexual harassment, with significant fines possible.

 

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A step-by-step guide to creating a cybersecurity plan

The first step is easily accomplished by reviewing a few definitions. The second step is trickier. The third step may involve a lot of work, but you can start with six straightforward steps.

 

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Bill-68: Significant Amendments to the Fisheries Act

The proposed amendments to the Fisheries Act and other Acts in consequence would provide enhanced enforcement powers under the Fisheries Act, and proposes an alternative to traditional prosecutions in the event of non-compliance. The federal government may offer some persons charged with offences under the Fisheries Act to enter into “Alternative Measures Agreements” in lieu of prosecution.

 

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One objective but multiple risks

Some organizations and consultants are wedded to the idea that the level of risk can be quantified and calculated as the magnitude of a potential effect (or consequence) multiplied by its likelihood.

 

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International commercial arbitration in Ontario: Court intervention and public policy as a ground to set aside awards

The decision in JAG Worldwide v. Lakeside Produce demonstrates that Ontario courts continue to reaffirm the importance of respecting parties’ decisions to arbitrate their disputes, and adhere to the strict limitations of their ability to review international arbitration awards.

 

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A glimmer of hope for Ontario whistleblowers?

Recently enacted changes to Ontario’s Securities Act and the Commodity Futures Act regarding whistleblower retaliation now allow whistleblowers who have suffered retaliation to file a civil claim in the Superior Court of Justice or to seek redress through arbitration.

 

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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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