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News and discussion on implementing risk management

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Environmental Issues

Review of the environmental assessment processes

The Canadian Minister of the Environment and Climate Change was tasked with reviewing the environmental assessment processes set out in the Canadian Environmental Assessment Act, 2012. To this end, an expert panel was set up to conduct consultations that led to a report setting out the Panel’s recommendations being submitted to the Minister. The report, entitled Building Common Ground: A New Vision for Impact Assessment in Canada, was published on April 5, 2017. Comments may be submitted on the report until May 5, 2017. Legislative and regulatory amendments could then be tabled in late 2017 or early 2018.

 

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Ontario’s first Cap and Trade Auction results

cap trade auction

Ontario held its first Cap and Trade Program Auction of Greenhouse Gas Allowances on March 22, 2017. The auction drew 47 qualified bidders. Of the total number, approximately half are members of the energy industry.

 

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Section 99 of the Environmental Protection Act: Ontario Courts continue to clarify its scope and power

In Huang v Fraser Hillary’s Limited, the Ontario Superior Court of Justice confirmed that plaintiffs can rely on section 99 of the Environmental Protection Act—a section enacted in 1985—to claim damages for spills which occurred before section 99 was enacted. The Court’s discussion in this case provides helpful guidance on the possible reach and limitations of the so-called “spill action” legislation.

 

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Whistleblowers: The AMF will not offer any reward

On February 18, 2016, after a thorough and rigorous analysis which included closely monitoring the rewards-based whistleblower programs offered by the U.S. and Ontario, the Autorité des marchés financiers (the AMF) announced that it does not intend to offer financial rewards to whistleblowers. Instead, the AMF wishes to promote a whistleblower program that builds on existing measures.

 

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How to get Alberta, Canada’s green-energy pioneer, back in the saddle – The Globe and Mail

The farms and ranches in southern Alberta may not seem like fertile ground for the early adoption of new energy technology. However, southern Alberta is where Canada’s commercial wind energy industry got its start. Recently, other provinces have offered lucrative long-term contracts to attract renewable energy. Although Alberta has great wind and solar resources, a combination of low power prices and lack of such incentives has made it difficult to develop renewable-energy projects in the province. With new policies, can Alberta, Canada’s renewable energy pioneer, get back in the saddle?

 

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Internal audit: Essential to minimizing risk

Managing risk in today’s business environment has become a far more complex process than it ever has been. This can be attributed to a number of factors, such as increased government regulation and cyber-based issues. Other factors include uncertain political and economic situations that can arise, sustainable development and environmental concerns. These issues can have a substantial impact on small, medium and large organizations.

 

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Managing risk means opening your eyes every day

On the surface, it is good news that the majority of Canadian CFOs are confident in their management of risk and believe that employees understand the risks to the organization. 72% feel that their strategy is aligned with their risk appetite. But, do the authors of the study understand what effective risk management entails?

 

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Supreme Court of Canada issues landmark merger and efficiencies decision

The Supreme Court of Canada released its long awaited decision in Tervita Corporation et al v. Commissioner of Competition. In a 6-1 decision, the SCC allowed Tervita’s appeal and set aside the divestiture order made by the Competition Tribunal and upheld by the Federal Court of Appeal (FCA). The SCC agreed with the FCA’s conclusion that the merger would likely result in a substantial prevention of competition, but overruled the conclusions of the Tribunal and the FCA that the merger was not saved by the efficiencies defence.

 

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Top 10 most read Inside Internal Controls posts published in 2014 and Season’s Greetings

The holidays are upon us and it is time to take a well deserved break. We are signing off for 2014 with a list of the top 10 most read posts published in 2014. Although Canada’s anti-spam legislation dominated the list, accessibility, internal controls and charities were also very topical.

 

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Government updates corporate social responsibility strategy for extractive industry abroad

A review of the federal government’s 2009 corporate social responsibility strategy (CSR) for the Canadian extractive industry operating in foreign countries found companies are recognizing “the need to consider CSR in planning and operations,” but are asking the government for more assistance…

 

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Cross-border regulatory cooperation enters new age

For three and a half years, Canada and the United States have been experimenting with ways to improve cross-border cooperation and coordination among national regulators to make processes more efficient and effective and improve access to markets…

 

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Ministry of Environment: Administrative penalties regulation

On June 23, 2014, the Ministry of Environment introduced an administrative penalty program to encourage compliance with the Environmental Management Act and the Integrated Pest Management Act . The Administrative Penalties Regulation was designed to bridge the gap between warnings and violation tickets for minor offences and criminal prosecutions for more serious offences.

 

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Public holiday reminders, season’s greetings and holiday break

The team at First Reference Inc. and Inside Internal Controls blog wishes everyone a very Happy Holiday Season and all the best for the New Year! / L’Équipe de La Référence et du billet Inside Internal Controls blog vous souhaite de belles fêtes et une bonne et heureuse année. In addition, we would like to remind you of the three public/statutory holidays…

 

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Verdict in Sunrise Propane gas explosion case

A series of explosions at Sunrise Propane’s north Toronto operation in 2010 resulted in the deaths of an employee and a firefighter, forced thousands of nearby residents from their homes and caused millions of dollars in damage. In the aftermath, the company failed to comply with various provincial officer’s orders under the EPA, and at trial the Ontario Court of Justice found the company failed to properly train the employee who died and failed to take reasonable precautions to prevent the explosions under the Occupational Health and Safety Act

 

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