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Inside Internal Controls

News and discussion on implementing risk management

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2020

2020 Accessibility to-do list (Ontario)

As 2020 begins, we are already looking forward to the end of the year and to 2021. There are two key deadlines coming up under the Accessibility for Ontarians with Disabilities Act (“AODA”):

 

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Silos are thriving even in ERM programs

You are the captain of a ship that is sailing from Singapore to Auckland with a cargo that needs to be kept cold and will lose its freshness if you don’t arrive within a few days of your schedule.

 

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Mandatory cybersecurity incident reporting for IIROC investment firms

In November 2019, the Investment Industry Regulatory Organization of Canada released new mandatory reporting requirements for cybersecurity incidents, per IIROC Notice 19-0194. What are the new requirements?

 

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Pre-judgment garnishment: Full and frank disclosure is required

In my previous article, Prejudgment Garnishing Orders: Getting it Right, I discussed how pre-judgment garnishment is available to a party that is owed a debt so as to intercept funds intended for the party they are claiming against. I also discussed how that remedy is considered extraordinary and requires strict adherence to certain requirements.

 

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Construction disputes: A contractor’s right to be paid vs. owner’s claims for defective work

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

It is one of the most common scenarios in construction litigation: work has completed, the contractor has rendered its final bill and an owner refuses to pay on the basis that there were delays or that there are defects or deficiencies with a contractor’s work. While contracts can and do provide allowances for such situations, that is not always the case.

 

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It’s a whole new ball game for charities at the FCA

Many in the sector have, for many years, advocated that appeals from decisions to revoke and refusals to register be heard by the Tax Court for this exact reason. They are simply better suited for testing the facts. Unfortunately, for whatever reason, these pleas have not been heard by Parliament, now though, for strictly practical reasons, they may have no choice but to make changes. All around, Vavilov will have positive implications for the charity sector.

 

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Interlocutory injunctions in trademark cases: A POWERful tool—when available

As Canadian trademark practitioners know, it has generally been difficult to obtain interlocutory (or interim) injunctions in trademark infringement matters, particularly at the Federal Court of Canada.

 

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New report on the cost of a cyber breach

You may be surprised to hear that the average cost of a data breach is just $3.9 million. That sounds far different than indicated by the alarm bells screaming at you from all sides.

 

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FINTRAC updates guidance on verifying the identity of individuals and other entities

anti-money laundering

Following consultations with businesses and reporting entities, FINTRAC has updated its guidance on Methods to verify the identity of an individual and confirm the existence of a corporation or an entity other than a corporation (the “Guidance”) effective October 2019. The updated guidance reflects amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations that came into force on June 25, 2019.

 

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Canadian government delays implementation of employee stock option proposals

Earlier this year, the Canadian government tabled a Notice of Ways and Means Motion with proposed amendments to the Income Tax Act (Canada) to implement the employee stock option proposals from the 2019 Federal Budget. The proposals were to apply to employee stock options granted by corporations and mutual fund trusts on or after January 1, 2020.

 

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The essentials of anti-bribery and anti-corruption compliance programs

Organizations at risk of anti-bribery and anti-corruption (ABAC) violations should implement risk-based ABAC compliance programs.

 

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The CRA has released an updated 2019 version of its T3010 Registered Charity Information Return

The CRA has released recently the 2019 version C of its T3010 Registered Charity Information Return. The major changes deal with replacing political activities with “public policy dialogue and development activities” (PPDDAs).

 

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ON government access to information disclosure on ONCA – so many pages and so little said

Since February 2019 there has not been any update from the Ontario government about ONCA coming into force. As we have noted before the Ontario government is no longer referring to ONCA coming into force in early 2020. A few months ago we put in a freedom of information request on ONCA and the computer company developing the new ONBIS system. We just received the answer to my ATIP request and needless to say it does not answer either of the questions with there being some significant redactions.

 

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Finally some good advice on risk for boards

While I still disagree in some areas, I applaud Jim DeLoach for his latest piece for the (US) National Association of Corporate Directors, Revamping Risk in the Digital Age. Please read the entire piece, but here are points I especially like, with my highlights:

 

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Site blocking orders come to Canada: GoldTV.biz

In an important decision released Friday, November 13, 2019, the Federal Court of Canada issued the first Canadian site blocking order against sites that predominantly facilitate copyright infringement.

 

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