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Inside Internal Controls

News and discussion on implementing risk management

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Sales, Marketing and Operations

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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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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Ontario ban on door-to-door sales in effect as of March 1st

Door-to-door sales contracts have been among the top complaints received by the Ministry of Government and Consumer Services. Starting March 1, 2018, Ontario has banned unsolicited, door-to-door sales of certain household appliances to better protect consumers from aggressive and misleading contracting at home. This will bring about some changes for some companies business model and marketing strategies.

 

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Liability waivers: If in doubt, get a new one

There is a need for entities wishing to rely on liability waivers to ensure that the waivers are expertly drafted, that the purpose and limitations of liability waiver are understood by such entities and that such entities routinely review their waivers to ensure that they apply to all activities that might be engaged in by the parties executing such waivers.

 

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Collaboration between the business risk and IT security teams

Take each of your business objectives and plans. Now, figure out what might result from a technology-related failure (noting that ‘technology’ extends beyond the IT function). Then, what are you going to do about it?

 

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New initiatives to hold companies accountable for human rights violations abroad

On January 17, 2018, the federal government announced two new initiatives to hold Canadian companies doing business and operating abroad accountable for human rights violations abroad.

 

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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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An example of game theory in risk management

One of the risks identified by many organizations as significant and included in the risk disclosures required in corporate filings, such as the annual and quarterly filings with the U.S. Securities and Exchange Commission, is the loss of key personnel.

 

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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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Québec Court of Appeal confirms application of French language requirements for websites

On December 20, 2017, in 156158 Canada inc. v. Attorney General of Québec, 2017 QCCA 2055, the Québec Court of Appeal confirmed the constitutional validity of the provisions of the Québec Charter of the French Language (the CFL) that require the joint or predominant use of French in commercial advertising, packaging and publications, including websites.

 

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The state of information or cyber security today

Senior management must understand the state of information or cyber security today and how it affects enterprise objectives and the delivery of value to customers and other stakeholders. A number of recent publications talk to this topic.

 

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Risk and game theory

game theory

The Cuban Missile Crisis is frequently cited as an example of the use of Game Theory. I am talking about the situation confronting the Kennedy government when they found that the USSR had installed missiles in Cuba that were capable of hitting American cities with nuclear weapons. Here is a link to a summary of […]

 

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Charities can now help businesses in the aftermath of disasters

aftermath of disasters

In August 2017, the Canada Revenue Agency (“CRA”) updated its Guidance CG-014 on community economic development (“CED”) activities and charitable registration. There were a number of updates to the Guidance, but the most significant was the inclusion of the statement that charities are now able to support, on a more long-term basis, the efforts of businesses that are helping to rebuild communities affected by disaster.

 

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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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Not so happy New Year: Ontario rewards points legislation coming into force January 1, 2018

Ever since Ontario’s legislature passed the Protecting Rewards Points Act (Consumer Protection Amendment), 2016 (Act) prohibiting the expiration of rewards points in consumer loyalty programs, the retail industry has been waiting for the publication of the associated regulation that would provide more detail about the prohibition, along with some exceptions to the prohibition. The wait is now over, as the Ontario government recently published Ontario Regulation 388/17 (the Regulation), which will come into force on January 1, 2018.

 

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