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Inside Internal Controls

News and discussion on implementing risk management

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Corporate Administration and Legal Matters

Effective investigations and interviewing in the workplace

Employers must investigate incidents or allegations of workplace harassment and violence. Here are some best practices to improve your workplace investigations and interviews:

 

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The future of risk management

The Institute of Risk Management has a great feature where they have asked people around the world, including a number of luminaries, about the future of risk management.

 

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Corporate Human Rights 2017 Benchmark shows companies at relatively early stage in implementing UN Guiding Principles on Human Rights

The Benchmark calls on businesses to implement corporate responsibility to respect human rights under the UN Guiding Principles, and to study the 2017 Benchmark report to see where improvements can be made.

 

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How to go beyond the words to craft smarter policies

All of these tips seek to offer ways to make policies and procedures better, but the most important tip is that policies and procedures should not be managed in a vacuum. They are an important element of an effective compliance program without regard to what compliance guidance your organization follows. Ignoring policies can negatively impact compliance conduct, training, monitoring and auditing, investigations – and most importantly and ultimately – the reputation of an organization.

 

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Neighbourhood annoyances and Section 976 C.C.Q.

This case reminds us that a consequence of Section 976 C.C.Q. is to prohibit neighbourhood annoyances that are deemed to be abnormal, but it does not prohibit all of the annoyances associated with societal life.

 

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Withholding on foreign workers

Charities spend a great deal of time and energy focusing on audits from the Charities Directorate. While this attention on the Directorate is justifiable it is important to recognize that charity regulation is only one function of the Canada Revenue Agency (the “CRA”) and that charities are answerable to the CRA for many of its activities.

 

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Canadian government suspends CASL private right of action

The Canadian federal government has announced that it has suspended the coming into force of the private right of action under Canada’s anti-spam legislation (CASL), originally scheduled to come into force on July 1, 2017.

 

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BC will see big changes to small claims on June 1, 2017

On March 20, 2017, the Province of British Columbia announced significant changes to the jurisdiction of the Civil Resolution Tribunal and Provincial Court to address small claims court matters.

 

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CASL’s soon-to-be-enacted private right of action brings risk of class proceedings

On July 1, 2017, the private right of action under Canada’s Anti-Spam Legislation (CASL) will come into force.

 

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CASL’s private right of action for Competition Act reviewable conduct

While much has been written about the impending CASL private rights of action, less has been said about the new private right of action CASL will tack on to the Competition Act for misrepresentations in electronic messages.

 

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Practical tips for effecting a successful merger

This article sets out the practical benefits and challenges of merging two charities and some post-merger considerations to effect a smooth transition.

 

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Ontario Superior Court comments on director and officer duties

A recent decision of the Ontario Superior Court of Justice addresses directors’ duties towards the corporation and its employees. Specifically, the court addressed whether a director or officer’s fiduciary duties extend to protecting an employee from the consequences of that employee’s own fraudulent acts.

 

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Church and religious organizations: Maybe Adam and Eve could have appealed their sentence

We are often contacted by charities seeking to insulate themselves from potential legal action by disgruntled former members of their organization. This typically results from situations where the individual has been kicked out of the organization for specific misconduct. Although, for the most part, these disputes result in acrimonious name calling from time to time, these matters are litigated. A recent decision of the Alberta Court of Appeal is one circumstance where an irate former member of the Jehovah’s Witnesses took the matter to Court.

 

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Missing comma means millions in overtime pay

The case involved an ambiguity in a Maine statute dealing with overtime pay. Under the statute, employees involved in certain activities were exempt from the overtime provisions, so they were not entitled to overtime pay. A group of drivers in Oakhurst argued that they were entitled to overtime pay.

 

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Federal Budget 2017-18: Impact on businesses

federal budget 2017

On March 22, 2017, Canada’s Finance Minister Bill Morneau tabled the Liberal Government’s Federal Budget 2017, Building a Strong Middle Class, which includes various measures affecting businesses. The federal budget 2017 is modest and is focused on skills training, innovation and how Canada will promote sustainable growth. The government is forecasting a deficit of $28.5-billion, […]

 

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