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Inside Internal Controls

News and discussion on implementing risk management

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2019

Insolvency amendments now in force under the BIA and CCAA

Extensive amendments to the Bankruptcy and Insolvency Act and Companies’ Creditors Arrangement Act coming into force on November 1, 2019 through Bill C-97 will have a significant effect on certain aspects of insolvency proceedings commenced after that date.

 

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How much does a Canadian patent cost?

Asking how much it costs to get a patent in Canada is a bit like asking how long a piece of string is. The answer, of course, depends on many different factors, but there are a number of general guidelines that can be used to anticipate likely costs that will be incurred over the lifetime of a patent.

 

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Discharge for annuity buy-outs in Ontario: It’s finally here!

Ontario’s long-awaited changes to provide for statutory discharges on the purchase of buy-out annuities are finally in force. The buy-out annuity is a popular risk management mechanism in many jurisdictions, such as the UK and the U.S.

 

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Charities in the waiting room

Most organizations that are pursuing charitable status are incorporated. Part of the requirement for achieving such status is that the corporation is organized to pursue charitable purposes. But that by itself is not enough for charitable registration and so prospective charities must apply to the CRA for registration. The question then arises about the tax status of those corporations that are not yet (and may never be) registered charities, and what are their responsibilities?

 

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Competition Tribunal confirms business justification is the paramount consideration in an abuse of dominance case

Competition law

On October 17, 2019, the Competition Tribunal (Tribunal) rendered its decision in CT-2016-015 Commissioner of Competition v. Vancouver Airport Authority (Decision) [PDF], dismissing the Commissioner of Competition’s (Commissioner) application.

 

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ONCA – does no update mean no ONCA?

I have been asking the Ontario government for months for an update on whether ONCA is coming into force and when. On September 25, 2019 I received a short note from the Policy and Business Law Unit of the Ministry of Government and Consumer Services (MGCS). They noted

 

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Setting up a business in Canada? Don’t forget about immigration considerations

Foreign companies and foreign nationals seeking to start business operations in Canada need to be aware of Canadian immigration and entry rules to ensure a smooth entry into the Canadian market.

 

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How effective is your internal audit function? Is it world-class?

When I became a CAE, I started by benchmarking against firms that had a great reputation, either for their business practices or internal audit departments. That is still a good idea and I recommend it.

 

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When it rains, it pours – Supreme Court of Canada allows umbrella purchaser claims

Umbrella purchasers are persons who purchased a product that was neither manufactured nor supplied by the cartel members.

 

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Immigration implications of corporate acquisitions, restructurings and changes

Companies and human resource managers need to be aware of the potential immigration implications that corporate changes, acquisitions or restructurings may have on temporary foreign workers (TFWs) that they employ in Canada.

 

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Not-for-profits should leverage information technology, safely

Not-for-profits have numerous opportunities to leverage information technology (IT), from social media to cloud computing and beyond.

 

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Discharging a builders’ lien on posting of security: How much is enough?

When a builders’ lien is filed, it can cause all manner of disruptions to financial, contractual and business relations and there can often be urgency in getting a lien discharged while, at the same time, ensuring the right to dispute the underlying claim giving rise to the lien is preserved.

 

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Amazing insights on cyber

A couple of recent pieces shed some light, some amazing light, on how cyber-related risk is perceived by executives and the board.

 

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Cryptocurrency taxation update

On May 17, 2019, the Department of Finance released proposals to amend the Excise Tax Act (Canada) to treat certain virtual currency as a financial instrument for GST/HST purposes.

 

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Question to CRA on alter ego trusts and whether transfers are a donation

STEP Canada had a CRA Roundtable on June 6-7, 2019 and they discussed a number of topics. One issue of interest to charities and philanthropists is Question 2 dealing with alter ego trusts and donations.

 

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