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Inside Internal Controls

News and discussion on implementing risk management

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Alberta

Intellectual property belongs to employer despite contract dispute

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When an employment relationship involves intellectual property created by an employee, the employer must take special care in the employment contract to consider who owns the IP.

 

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Employer was not duly diligent and paid the price with health and safety violations

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The Alberta Court of Appeal just dismissed an employer’s appeal and confirmed that the employer did not do all that was reasonably practical in the circumstances to avoid the reasonably foreseeable risks that led to the fatal accident of its employee. The court noted that the fact that the employer would even consider operating a machine that no one had any familiarity with and without either its own operator or a proper set of written instructions in itself spoke volumes as to the lack of the employer’s due diligence in this matter. Therefore, the health and safety violations were upheld.

 

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To each their own: Provincial rules which apply specifically to charities

Those running a charity could be forgiven for thinking that there are no provincial rules which apply specifically to charities. In fact, this is not the case and we have written several times about such laws as the fundraising rules in Alberta or the registration of a charity in Quebec. However, there are other rules which may affect charities and which may have particular relevance when crossing borders. One such set of rules is contained within the Trustee Acts of various provinces. Generally speaking, the Trustee Acts will apply when a charity holds funds regardless of whether it is incorporated.

 

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Slaw: Adjudicator decides Legal Aid Society a not-for-profit subject to PIPA

On February 11, 2013, an adjudicator of the Alberta Office of the Information and Privacy Commissioner decided that Alberta’s Legal Aid Society is subject to the Personal Information Protection Act (PIPA), with consequences for all non-profit organizations that conduct activities with a commercial character. . .

 

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Alberta proposes Securities Act amendments

Alberta might not be too keen on joining a national securities regulation scheme, but that doesn’t mean the province isn’t interested in strengthening its securities legislation and improving cooperation in the existing system. The government has proposed changes to the Alberta Securities Act that…

 

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Alberta proposes Securities Act amendments

Alberta might not be too keen on joining a national securities regulation scheme, but that doesn’t mean the province isn’t interested in strengthening its securities legislation and improving cooperation in the existing system.

 

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Draft of new national securities act introduced

Earlier this year, we reported that Alberta and Quebec were preparing constitutional “references” to be heard by their respective provincial Courts of Appeal to defend their rights to maintain their own provincial securities regulators. At the same time, the federal government announced its intention to take its case for a national regulator to the Supreme Court…

 

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