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Inside Internal Controls

News and discussion on implementing risk management

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Corporate Administration

British Columbia proposes significant legislative amendments to “modernize” class proceedings in the province

Proposed amendments to the Class Proceedings Act will 1) switch BC from an “opt in” to an “opt out” jurisdiction and 2) establish a framework for the certification of multi-jurisdictional class proceedings. If enacted, the amendments will have significant consequences for both current and future class proceedings in the province.

 

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BC’s Class Proceedings Act to get a facelift?

The proposed amendments contained in Bill 21 would bring significant change to the class proceedings regime in British Columbia. While these changes would have a number of effects, the most notable of these is that British Columbia would likely be viewed as a more attractive forum for multi-jurisdictional class proceedings especially in light of the fact that it remains to be a “no cost” regime. As a result, the number and size of class proceedings in British Columbia can be expected to increase.

 

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How significant is the risk of fraud?

fraud

The best resource for understanding the level of fraud risk is the Association of Fraud Examiners’ (ACFE) annual Report to the Nations, their global study of occupational fraud and abuse. Their 2018 Report is now available and, as always, shares some useful and important insights. The ACFE analyzed 2,690 cases from January 2016 to October 2017 from around the world (48% from the USA, the rest evenly split among other regions).

 

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Jim Comey and the practitioner’s dilemma

It is often difficult to make the right decision when facing challenges in an organization. Maintaining integrity, standing your ground and doing what you believe to be right and part of your responsibilities can be difficult and can make you question the decisions you make.

 

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My cyber confession

Should we give up auditing information security and the management of cyber risk? Not at all. But we should do so with eyes wide open. We should recognize the limitations of our knowledge, tools and techniques and the likelihood that hackers have new techniques that are unknown both to auditors and management.

 

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Learning the basics on GDPR’s right to be forgotten

To manage the Europe Union’s new GDPR properly, ethics and compliance officers need to consider many parts within their organization, from IT capabilities, exception clauses, and customer service demands. And these parts must be managed and organized in such a way that they work together so that they do not fall apart.

 

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New GRC guidance from OCEG might be missing a crucial point

GRC is “the integrated collection of capabilities that enable an organization to reliably achieve objectives, address uncertainty and act with integrity”. A new Guide from OCEG, A Practical Guide About GRC Metrics and Measurement, says, a major part of GRC is about “break[ing] down silos between governance, strategy, performance management, risk management, compliance management, internal audit and other departments”.

 

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Ethics & compliance leaders could use a good dose of marketing 101

Just as a brand isn’t what the company says about itself, but what other people say about the company, employee behavior is the final expression of your E&C marketing program’s success.

 

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When liability waivers are upheld

This case illustrates that waivers can be a complete bar to the right to sue and that participants being provided a waiver have the option to opt out of the activity if they are not comfortable with solely bearing the risk associated with it.

 

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Reporting on risk to the board

Those charged with reporting on risk to the board and to the executive team should understand what they are trying to achieve, what information they need to be successful and how they can help.

 

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Changes to Montreal’s class action division shows move toward harmonization with Ontario procedure

This new class action process has widely been seen as a welcomed step towards creating greater efficiency and predictability

 

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Drafting interest rate calculation provisions in corporate finance transactions

If a loan document does not comply with the provision for calculating a “nominal” annual rate of interest in order to comply with section 4 of the Interest Act, then the interest rate is capped at 5% per annum. Commercial practice and appellate jurisprudence had confirmed that such provisions complied with section 4. Section 4 states:

 

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Ontario budget 2018: Financial services updates

The 2018 Ontario Budget includes a number of financial services related developments, with a strong focus on innovation.

 

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Guidance on recording of customer telephone calls updated

The Office of the Privacy Commissioner of Canada recently updated its information and guidance on recording of customer telephone calls to bring it up to date, make it web-friendly and responsive for user feedback.

 

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Your business and your will – Shareholders’ agreements

A Shareholders’ Agreement is a very important component of any business owner’s succession plan.

 

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