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Inside Internal Controls

News and discussion on implementing risk management

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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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How to draft exclusive vs. non-exclusive jurisdiction clauses

Learn why you need to review your contracts and advocacy practices with Not-for-Profit PolicyPro

Non-exclusive jurisdiction clauses identify a jurisdiction that the parties agree may hear their disputes but accept that, in the appropriate circumstances, courts in other jurisdictions may have jurisdiction over a dispute.

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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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Anti-money laundering considerations in cannabis finance

While the right financing structure can be a critical advantage to any cannabis-related business, it is also important to remember that there are legal considerations involved, including in respect of anti-money laundering (AML) matters.

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Fraud and knowing assistance: The Supreme Court of Canada weighs in

Fraud continues to be an issue faced by businesses and individuals in Canada and internationally. In asset recovery, the equitable doctrine of knowing assistance is often used to catch those who were not involved in the fraud but had actual knowledge of it.

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Sports and recreation: Risk mitigation and occupiers’ liability

In Ontario, the occupiers’ duties towards people who access their premises is governed by the Occupiers’ Liability Act (“OLA”). The OLA defines an “occupier” as:

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Understanding the challenges in risk management

My good friend, Michael Rasmussen, has written what I consider a special blog post on the topic of Challenges in Risk Management.

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OECD principles on artificial intelligence released

On May 22, 2019, the Organization for Economic Cooperation and Development (OECD) approved the OECD Recommendation on Artificial Intelligence.

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NASAA targets ‘cross-selling’ sales tactic in investment and banking sectors

The North American Securities Administrators Association (NASAA) is an association of securities administrators from Canada, the United States of America and Mexico, whose mandate is to protect the investing public. The NASAA recently released an Investor Advisory focused on the practice of “cross-selling” investment products

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Assignment of a contract of purchase and sale: Get it in writing

In the recent case of Guraya v Kaila, 2019 BCSC 101 (CanLII), the Plaintiff’s sought to enforce a verbal assignment of a contract of purchase and sale in the face of vendors refusing to complete with the assignee purchasers.

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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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