Regulations

CPAB public consultation on proposed information disclosure rule changes

Sep 25, 2023

On September 25, 2023, the Canadian Public Accountability Board (CPAB) launched a public consultation to gather feedback on proposed information disclosure rule changes. The purpose of the proposed rule changes was to facilitate the implementation of their planned disclosure recommendations and address targeted changes to CPAB’s Rules to improve their effectiveness.

In September 2022, CPAB released disclosure recommendations from its 2021 consultation, with two phases of changes. They enacted phase one in 2023 and plan to adjust their rules for phase two based on this consultation. Gaining insights from stakeholders holds a significant role in their policy-setting process. Comments received in this consultation will be considered together with feedback received in the 2021 consultation.

The public consultation process is scheduled to conclude on November 24, 2023.

Review the changes and access the consultation survey on the CPAB website.

IFAC warns against regulatory fragmentation, especially on matters of materiality

Jul 11, 2023

On July 11, 2023, as the global voice of the accountancy profession, the International Federation of Accountants (IFAC) has commented on the draft delegated regulation regarding sustainability reporting standards released for comment by the European Commission in June 2022.

In its response, IFAC supports corporate reporting that better addresses a company’s ability to create long-term value and is decision useful for investors and other stakeholders. IFAC welcomes the European Sustainability Reporting Standards (ESRS) while noting significant concerns regarding the need for interoperability that supports a global system for reporting. IFAC notes that all international and regional approaches must align key concepts, terminologies, and metrics to avoid regulatory fragmentation, especially on matters of materiality.

The response notes that implementation by companies and enforcement by regulators of the new standards are essential to ESRS success. Therefore, IFAC urges additional transitional reliefs to allow companies sufficient time to implement governance, processes, reporting capacity, and internal controls.

Access the full response on the European Commission website.

US Senate Finance Committee seeks public comments on digital asset taxation by September 8, 2023

Jul 11, 2023

On July 11, 2023, the US Senate Finance Committee Chairman Ron Wyden, D-Ore., and ranking member Mike Crapo, R-Idaho, released an open letter to “members of the digital asset community and other interested parties” soliciting comments on how Congress can address current uncertainties around the tax treatment of digital assets.

The committee’s stated objective is to seek stakeholder responses to specific questions on a host of issues related to digital asset taxation.

Re­view the open letter on US Finance Senate website.

OSC issues report on internal ethics policies and procedures of public accounting firms

Jun 28, 2023

On June 28, 2023, the Ontario Securities Commission (OSC) published a report to assist public accounting firms in developing and implementing robust internal ethical policies and procedures. On September 23, 2022, the OSC announced it would make targeted inquiries to certain public accounting firms that conduct audits of Ontario reporting issuers. The report published summarizes the scope of these inquiries and communicates observations about the internal policies, practices, and procedures in place at these firms.

The report identifies select areas of focus public accounting firms should consider as part of their ethics strategies, such as clearly identifying leaders within the firm with ‘ownership’ of the ethics policies, targeted ethics education training and guidance, and establishing a robust internal whistleblower program. It also provides considerations to help firms comply with requirements related to the dating of audit working papers and internal professional training programs.

Re­view the report on OSC's website.

Verizon releases 2023 Data Breach Investigations Report

Jun 21, 2023

On June 21, 2023, Verizon released its 2023 Data Breach Investigations Report. The report indicates that 83% of data breaches involved external actors—with the majority being financially motivated. 74% of breaches involved the human element, which includes social engineering attacks, errors or misuse, while 50% of all social engineering attacks are pretexting incidents-nearly double last year’s total.

The human element still makes up the overwhelming majority of incidents, and is a factor in 74% of total breaches, even as enterprises continue to safeguard critical infrastructure and increase training on cybersecurity protocols. One of the most common ways to exploit human nature is social engineering, which refers to manipulating an organization’s sensitive information through tactics like phishing, in which a hacker convinces the user into clicking on a malicious link or attachment.

Re­view the report on Verizon’s website.

Enhanced mandatory disclosure rules

Jun 20, 2023

On June 20, 2023, Canada’s Bill C-47, Budget Implementation Act, 2023 No. 1, received a third reading in the House of Commons on June 8, 2023 and is expected to receive royal assent shortly, following consideration by the Senate.

Among other things, the bill implements certain measures from Budget 2023, including significant changes to the mandatory disclosure rules in the Income Tax Act (the “act”). These proposals, first announced in Budget 2021, impose significant changes to the disclosure of certain tax transactions for both taxpayers and their advisors. The changes would be effective for reportable or notifiable transactions entered into after royal assent, which is expected prior to Parliament’s last sitting day, currently scheduled for June 30, 2023.

Re­view the article on Deloitte’s tax@hand website.

Parliament Passes Bill S-211: The New Forced Labour and Supply Chain Reporting Law

May 30, 2023

On May 3, 2023, the Canadian Parliament passed Bill S-211, An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff (Act). The Act is expected to receive royal assent shortly and will take effect on January 1, 2024, imposing significant reporting obligations on Canadian businesses and importers.

Reporting obligations will apply to any private-sector entity (defined below) that is: (i) producing, selling or distributing goods in Canada or elsewhere; (ii) importing into Canada goods produced outside Canada, or (iii) controlling an entity engaged in either of the above activities.

An "entity" is defined as a corporation or a trust, partnership or other unincorporated organization that: (i) Is listed on a stock exchange in Canada; (ii) has a place of business in Canada, does business in Canada or has assets in Canada and, based on its consolidated financial statements, has met at least two of the following three conditions in at least one of its last two financial years: (a) had at least C$20-million in assets; (b) generated at least C$40-million in revenue; (c) employed an average of at least 250 employees, or (iv) Is prescribed by regulations (although no such regulations have yet been promulgated)

Reporting obligations will also apply to all federal government institutions, ministries and departments, including Crown corporations and wholly owned subsidiaries, that are producing, purchasing or distributing goods in Canada or elsewhere.

The first report will be required to be filed on or before May 31, 2024.

Re­view the article on Blake, Cassels & Graydon LLP's website and the Act on the Parliament of Canada website.

What are companies saying in risk factors about their use of AI in their business?

May 24, 2023

On May 24, 2023, the law firm, Bryan Cave Leighton Paisner (BCLP) released an analysis of recent public disclosures by companies about their use of artificial intelligence in business. While new forms of artificial intelligence and machine-learning systems, or AI, have garnered headlines in the mainstream press, many companies are evaluating its use in their businesses. Perhaps to a greater extent than with previous technological developments, companies need to consider the materiality of risks and uncertainties presented by AI.

Several companies have begun to address the implications of AI in recent 10-K and 10-Q filings, although still less than 10% of companies in the major indices (S&P 500 and Russell 3000). Some companies have included standalone risk factors, while other companies variously address AI as one of a number of factors contained in broader risk disclosures. BCLP remind companies that, as with any other risks, they should include AI in their enterprise risk management systems, to the extent material, as well as their disclosure controls and procedures.

Re­view the analysis on the BCLP website.

Canada: Accessibility Compliance Milestone Coming June 1

May 22, 2023

Per an article in the Society for Human Resource Management (SHRM), many federally regulated businesses in Canada with at least 100 employees must publish an accessibility plan by June 1, 2023 detailing how they will remove barriers for employees and members of the public with disabilities. The date marks the first compliance milestone for the Accessible Canada Act (ACA), which seeks to make the country barrier-free by January 1, 2040.

The Canadian government is pursuing this goal so that individuals with disabilities can feel more comfortable using public services and working for federally regulated organizations. The Accessible Canada Act and the Accessible Canada Regulations strive to achieve this by identifying, removing and preventing barriers in employment, buildings and other public spaces Non-compliance can lead to steep penalties for employers.

The Act, which took effect in 2019, defines a barrier as anything that "hinders the full and equal participation in society of persons with an impairment”.

Re­view news release on SHRM's website.

PCAOB Revises Standard-Setting Agenda and Adds Rulemaking Projects to Enhance Investor Protection

May 16, 2023

On May 16, 2023, the staff of the Public Company Accounting Oversight Board (PCAOB) posted a revised standard-setting agenda that includes the addition of two projects slated for short-term action (relating to firm and engagement performance metrics and substantive analytical procedures). The PCAOB also announced four new projects aimed at improving PCAOB rules to protect investors. The rulemaking projects focus on enhancing investor transparency and enforcement of PCAOB rules and standards.

In commenting on these developments, PCAOB Chair Erica Y. Williams stated that “The PCAOB is pursuing one of the most ambitious standard-setting agendas in its history, and the updates reflect the solid progress that we are making to carry out that agenda. Our new rulemakings also show our commitment to making enhancements that will allow the PCAOB to execute our mission to protect investors more effectively and efficiently.”

Re­view the press release on PCAOB’s website.

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