2018

Draft Office of the Privacy Commissioner of Canada Position on Online Reputation

Jan 26, 2018

On January 26, 2018, the Office of the Privacy Commissioner of Canada ("OPC") published its "Draft Position on Online Reputation in conjunction with a Notice of Consultation and Call for Comments on this position. This Draft Position follows a 2016 consultation and call for essays on this subject.

The development of reputations online is complicated because, in the digital environment, judgments are generally formed on information people read about others, or images they see, often without the benefit of personal contact and not necessarily in the same context in which it was intended.

Moreover, information, once posted online, gains characteristics that affect reputation – it can easily be distorted, is persistent and can be extremely difficult to remove.

Review the Draft Position on the OPC's website and an article on Borden Ladner Gervais' website.

Enforcement Activity in the SEC’s Newly-Created Cyber Unit: The First Six Months and What’s Next

Mar 30, 2018

On March 30, 2018, Clearly Gottlieb, a law firm, released a memo that reviews the Cyber Unit’s first six months of work and previews coming attractions.

The memo notes that, so far, the unit’s attention has focused on allegedly improper trading involving hacking and cryptocurrency and ICO fraud claims. And it speculates that the next target may be cybersecurity lapses.

The memo says that the speech pointed to SEC Regulations S-P, SCI and S-ID – which require that covered entities “understand the risks they face & take reasonable steps to address those risks” – including putting “reasonable safeguards in place to address cybersecurity threats.” While noting that no cases involving failure to maintain proper cybersecurity safeguards have been brought as yet, other enforcement proceedings under those rules may provide a roadmap for future actions.

Review the full memo on Clearly Gottlieb's website and the announcement on the SEC's website.

Extraterritorial Scope of GDPR: Do Canadian Businesses Need to Comply?

Feb 15, 2018

On February 15, 2018, Miller Thomson published an article on how the European Union’s General Data Protection Regulation (the “GDPR”) will be coming into force on May 25 of this year. While the GDPR has been a hot topic for some time in Europe, it has only recently begun to hit the radar of Canadian companies.

While there are many questions around the GDPR, one key question that organizations outside of the European Union (the “EU”) are asking is whether they are required to comply with the GDPR, even if they do not have a physical presence within the EU. While the answer will largely depend on the specific activities of each organization, there are good reasons to believe that in many instances, compliance with the GDPR may be required.

Review the full article Miller Thomson's website.

Federal Budget Allocates Significant Funds towards Cybersecurity

Feb 28, 2018

On February 28, 2018, Miller Thomson published an article on how the 2018 Federal Budget includes investments in several key areas of the Canadian economy, including in the area of cybersecurity. In his remarks, the Minister of Finance stated that “to safeguard Canadians’ privacy, and protect both our digital economy and our country, we are making an investment of over $750 million in cybersecurity.”

The proposed investment will serve primarily to establish the Canadian Centre for Cyber Security and the National Cybercrime Coordination Unit, which will serve as pillars of the federal government’s soon to be announced National Cyber Security Strategy.

Review the full article on Miller Thomson's website.

Federal government looks to Deloitte for insights on Canada’s competitiveness

Oct 05, 2018

On October 5, 2018, Michael Smith, Deloitte tax partner and Leader, National Tax Office delivered a presentation to the House of Commons Finance Committee on the topic of Canada’s global competitiveness with a focus on tax policy. He was joined by Craig Alexander, Deloitte’s Chief Economist.

A Q&A followed Michael’s presentation where he and Craig answered questions from Members of Parliament, offering insights on a broad range of topics—everything from the challenges to Canada’s productivity, attracting top talent, innovation, and competitiveness and business attractiveness.

The consultations are held each year by the bi-partisan Finance Committee in order to develop recommendations to the Finance Minister regarding the following year’s budget. Deloitte was one of the organizations invited to present in person during the Toronto stop of the committee’s cross-country consultations.

Review a recording and full transcript on the House of Commons Canada's website.

French translation of the GRI Standards

Mar 08, 2018

On March 8, 2018, the Global Reporting Initiative (GRI) announced that a French translation of the GRI Standards is now available.

More than 260 French-speaking organizations use the GRI framework to produce sustainability reports that clearly show their economic, social and environmental impacts. And with the change from G4 Guidelines to GRI’s Sustainability Reporting Standards (GRI Standards), these organizations can work with a new clear, modular model to help them improve on their reporting.

Review the press release and the French translations on the GRI's website.

GAO Report Reviews SEC Actions on Climate Disclosure

Feb 28, 2018

In February 2018, the United States Government Accountability Office (GAO) issued the report "Climate-Related Risks: SEC Has Taken Steps to Clarify Disclosure Requirements", which reviews the steps that the SEC has taken to clarify climate-related risk disclosure requirements, the SEC’s climate disclosure review process and the constraints the SEC faces in that process. The report also assessed stakeholder views of climate-related risk disclosures.

The GAO says that the biggest constraint that the SEC faces in reviewing the adequacy of climate-related disclosure is its dependence on self-reporting.

The GAO also found that, not surprisingly, companies think they’re doing enough in terms of climate-related risk disclosure. But while some investor groups push for more, the GAO says there’s not a clear consensus on how big a priority this should be.

Review the full report on the GAO's website.

Global Ethics Board Consults on Professional Skepticism

May 14, 2018

On May 14, 2018, the International Ethics Standards Board for Accountants (IESBA) released its consultation paper, "Professional Skepticism – Meeting Public Expectations". Comments are requested by August 15, 2018.

In response to regulatory and other stakeholder feedback on the topic, the paper explores:

  1. The behavioral characteristics comprised in professional skepticism;
  2. Whether all professional accountants should apply these behavioral characteristics; and
  3. Whether the International Code of Ethics for Professional Accountants (including International Independence Standards) should be further developed to address behaviors associated with the exercise of appropriate professional skepticism.

Through this initiative, the IESBA also aims to reinforce the effective exercise of professional skepticism by auditors.

The consultation paper was developed following close coordination with the International Auditing and Assurance Standards Board (IAASB) and the International Accounting Education Standards Board (IAESB), and with advice from the IESBA Consultative Advisory Group.

Review the press release and consultation paper on the IESBA's website.

Global Ethics Board Releases Revamped Code of Ethics for Professional Accountants

Apr 09, 2018

On April 9, 2018, the International Ethics Standards Board for Accountants (IESBA) released a completely rewritten Code of Ethics for Professional Accountants that is easier to navigate, use and enforce.

Beyond the new structure, the Code brings together key ethics advances over the past four years, and is clearer about how accountants should deal with ethics and independence issues.

While the fundamental principles of ethics have not changed, major revisions have been made to the unifying conceptual framework—the approach used by all professional accountants to identify, evaluate and address threats to compliance with the fundamental principles and, where applicable, independence. New Code highlights include:

  • Revised “safeguards” provisions better aligned to threats to compliance with the fundamental principles;
  • Stronger independence provisions regarding long association of personnel with audit clients;
  • New and revised sections dedicated to professional accountants in business (PAIBs) relating to:
    • preparing and presenting information; and
    • pressure to breach the fundamental principles.
  • Clear guidance for accountants in public practice that relevant PAIB provisions are applicable to them;
  • New guidance to emphasize the importance of understanding facts and circumstances when exercising professional judgment; and
  • New guidance to explain how compliance with the fundamental principles supports the exercise of professional skepticism in an audit or other assurance engagements.

Renamed the International Code of Ethics for Professional AccountantsTM (including International Independence StandardsTM), the new Code becomes effective in June 2019.

Review the press release, the new Code and a resource page on the IESBA's website.

Global Ethics Board Resets Expectations of Professional Accountants Regarding Inducements

Jul 19, 2018

On July 19, 2018, the In­ter­na­tional Ethics Stan­dards Board for Ac­coun­tants (IESBA) released new enhancements to its global ethics code which address more fully the responsibilities of professional accountants around the offering and accepting of inducements.

The revised standard sets out a comprehensive framework that more clearly delineates the boundaries of acceptable inducements, and guides the behavior and actions of professional accountants in business and in public practice in situations involving inducements.

Central to this framework is a new intent test that prohibits the offering or accepting of inducements where there is actual or perceived intent to improperly influence the behavior of the recipient or of another individual. The framework also:

  • Clarifies the meaning of an inducement;
  • Establishes a requirement to understand and comply with laws and regulations that prohibit the offering or accepting of inducements in certain circumstances, such as in relation to bribery and corruption;
  • Guides professional accountants in applying the enhanced conceptual framework underpinning the International Code of Ethics for Professional Accountants (including International Independence Standards) where there is no improper intent; and
  • Provides enhanced guidance on the offering and accepting of inducements by professional accountants’ immediate or close family members.

The revisions to the Code become effective June 2019, including consequential amendments to the independence provisions of the Code addressing gifts and hospitality. The changes constitute the last piece of the recently revised and restructured Code.

Re­view the press re­lease and the revised standard on the IESBA's web­site.

 

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