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Inside Internal Controls

News and discussion on implementing risk management

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Author Archive - Occasional Contributors

In addition to our regular guest bloggers, Inside Internal Controls blog published by First Reference, provides occasional guest post opportunities from various subject matter experts on the topics of risk management and best practices in finance and accounting, information technology, environmental issues, corporate governance, sales/marketing and operations, not-for-profits and business related issues in Canada. If you are a subject matter expert and would like to become an occasional blogger, please contact Yosie Saint-Cyr at editor@firstreference.com. If you liked this post and would like to subscribe to Inside Internal Controls blog click here.

Pre-judgment garnishment: A powerful but exacting tool

Pre-judgment garnishment is a powerful remedy that allows a creditor to secure their claims by garnishing funds owed to a debtor and holding them in court pending a further order or agreement of the parties.

 

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CSA Answers questions about 45-day filing extensions

In light of the COVID-19 pandemic, reporting issuers in Canada have been granted temporary exemptions (Temporary Relief) from certain regulatory filings by way of local blanket orders (Blanket Orders) substantively harmonized across Canada.

 

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Practical legal advice and COVID-19: Relying on force majeure clauses or the doctrine of frustration

Until COVID-19, many business people had not heard about or given much consideration to force majeure clauses in their business contracts. Now, in the light of the COVID-19 outbreak across the globe, both force majeure clauses and the doctrine of frustration have become very relevant and much-discussed topics.

 

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Tales of a unified corporate registry: Canada’s effort to counter and reduce the misuse of corporate vehicles

anti-money laundering

On February 13, 2020, the Government of Canada announced a national consultation strategy which seeks to examine methods to strengthen corporate transparency across the country. Announced through the release of the “Strengthening Corporate Beneficial Ownership Transparency in Canada” report, the consultation focuses on how to bolster law enforcement efforts to counter and reduce the misuse of corporate vehicles involved in money laundering, terrorist financing and tax evasion.

 

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COVID-19 issues: Frustration, subject-to clauses and contracts of purchase and sale

COVID-19 has resulted in a number of issues which put the performance of purchase contracts for real property at risk. Some of the more obvious concerns include reduced cashflows, layoffs, economic slow down, dropping housing prices and general inability to conduct business in ordinary fashion.

 

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UPDATE: Competition compliance during the COVID-19 crisis: Price-gouging, deceptive marketing and collusion

In a policy statement on April 8, 2020, the Commissioner of Competition acknowledged the extraordinary circumstances of the COVID-19 crisis and advised businesses that the Bureau would be unlikely to challenge good faith efforts at competitor collaboration that were aimed at responding to the crisis and meeting the essential needs of Canadians.

 

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Board oversight during the COVID-19 pandemic: A checklist for directors

The global COVID-19 pandemic and its rapid evolution has placed enormous pressure on organizations as they seek to adapt to the situation and communicate their response. It is crucial that boards and management collaborate to find the best way forward for the organization.

 

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Corona Virus/COVID-19 charity issues – cancelling events, refunds and the possibility of a charitable donation

The COVID-19 crisis is affecting charities in numerous ways. In this short note, we will discuss cancelling events and refunding money or attempting to turn that into a potential charitable donation. We have received a number of inquiries from clients about how to do this and here are some tentative thoughts.

 

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Alberta government announces relief for energy industry

Alberta oil and gas producers, who are dealing with both historically low commodity prices and the COVID-19 crisis, received some relief from the Alberta government over the last several weeks as the Government announced several measures designed to reduce and defer producers’ costs and ease the administrative burden on producers.

 

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COVID-19 impact: OSFI capital and regulatory reporting update

In light of the operational and financial impact of COVID-19 on federally regulated financial institutions (FRFIs), the Office of the Superintendent of Financial Institutions (OSFI) announced new measures on April 9, 2020 relating to capital adequacy requirements and reporting requirements.

 

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Transfer pricing & APA considerations during an economic disruption

At times like this, when health and safety are at the forefront of everyone’s mind, tax planning, including transfer pricing, understandably, is generally put aside. However, in light of the potential economic downturn arising from the COVID-19 pandemic, it would be prudent for Canadian companies to consider transfer pricing matters at this time.

 

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The utility of recent force majeure amendments to Canadian trademark law

The words “force majeure” do not appear in the Canadian Trademarks Act. However, at least three provisions now afford trademark owners and the Registrar of Trademarks some flexibility in addressing the effects of so-called “acts of God” under Canadian law—events beyond a party’s control which make performance of their obligations impossible. The relevant provisions:

 

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Canadian tax – The new 75% wage subsidy

On April 11, 2020, the legislation implementing the Federal Government’s new Canada Emergency Wage Subsidy (“CEWS”) was enacted. The CEWS is a $73 billion subsidy intended to support the well-being of workers, maintain employment relationships and reduce claims on the employment insurance regime.

 

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Competition compliance during the COVID-19 crisis: Price-gouging, deceptive marketing and collusion

In response to the COVID-19 pandemic, Canadian businesses are facing unprecedented challenges in obtaining access to financing, maintaining their supply chains, serving their customers and keeping their employees healthy and safe. But as businesses struggle to maintain their normal business operations, they need to remain vigilant to ensure compliance with Canada’s competition and consumer protection laws.

 

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