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News and discussion on implementing risk management

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Privacy Compliance and Management

Final amending regulations issued under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act

anti-money laundering

On July 10, 2019, final amending regulations were issued amending each of the existing regulations under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

 

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Ontario Court of Appeal confirms nude selfies are not offensive

In Zigomanis v. 2156775 Ontario Inc. (D’Angelo Brands), 2018 ONCA 116, the Ontario Court of Appeal upheld a lower court decision that a professional hockey player’s nude selfies did not offend public morals and decency and there was thus no basis to terminate a promotional contract.

 

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Ensure secure disposal of hardware

Organizations often make the mistake of considering the disposal of hardware only when they are ready to discard equipment, if at all. Instead, they should plan for hardware disposal throughout the entire systems development lifecycle, from acquisition and testing through to operations.

 

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The Québec Private Sector Privacy Act: When does it apply to organizations outside of Québec?

While Québec Courts have delineated the scope of province’s Private Sector Privacy Act through the notion of “enterprise,” they have yet to delineate the scope of the Act’s territorial application. Determining the territorial application of Québec privacy legislation thus remains unsettled and unclear.

 

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IIROC Releases its annual Enforcement Report for 2018

Earlier this month, the Investment Industry Regulatory Organization of Canada (“IIROC”) published its annual Enforcement Report for 2018 (the “Report”), highlighting its enforcement/discipline activities over the course of 2018.

 

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Scratching the surface on Facebook and its problems

​Facebook Data Exposure Offers Critical Lesson for Internal Auditors makes some good points, including:

 

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Time (again and still) for the IIA Standards to be correct

Internal audit can assist management by facilitating a fraud risk assessment. Management should make the decision both on the level of risk and whether it is acceptable. Internal audit can provide their opinion and advice on both.

 

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Québec Commission d’accès à l’information releases guidance on video surveillance

In February 2019, the Québec Commission d’accès à l’information released an updated guide on video surveillance titled, La Vidéosurveillance: Conseils pratiques à l’intention des organismes publics et des entreprises.

 

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5 key FAQs about Canadian cannabis company “key investor” disclosure requirements

It’s key that all stakeholders clearly understand the Cannabis Regulations’ key investor disclosure obligations to avoid surprises and to ensure compliance. Here are the answers to five key frequently asked questions about cannabis companies’ “key investor” disclosure requirements.

 

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Canadian government announces new Digital Charter

On May 21, 2019, the Honourable Navdeep Bains, Minister of Innovation, Science and Economic Development, announced the introduction of Canada’s new Digital Charter. This blog post summarizes the highlights of Minister Bains’ announcement and the principles of the Digital Charter.

 

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IIROC’s welcome clarification to member firms: e-signatures are permitted

On March 26, 2019, the Investment Industry Regulatory Organization of Canada issued Guidance Note 19-0051 – E-Signature.

 

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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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Test for patent obviousness not so obvious – Federal Court of Appeal affirms obviousness is a “flexible, contextual, expansive, and fact-driven inquiry”

In late January, in two decisions released simultaneously, the Federal Court of Appeal affirmed the broad and factually-suffused nature of the obviousness inquiry.

 

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Whistleblower, hacker, or both? How the Rui Pinto Case can be applied to corporate compliance officers

Rui Pinto was arrested in January by authorities in Budapest on suspicions of illegally hacking emails about European soccer clubs and providing them to the Football Leaks website.

 

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Quebec Court of Appeal finds the Genetic Non-Discrimination Act ultra vires

In a recent decision, the Quebec Court of Appeal declared the Genetic Non-Discrimination Act (the “Act”), adopted by the federal Parliament and which came into force on May 4, 2017, to be ultra vires because of its encroachment on the jurisdiction of provincial legislatures.

 

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