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Archive for the ‘Internal Controls’ Category

Tax and employment insurance issues when settling dismissal claims

Thursday, February 2nd, 2012

Employment lawyers are generally quite adept at negotiating and resolving disputes arising out of the termination of an individual’s employment. We have all seen the statistics that only a miniscule number of dismissals result in a full trial and we know that in almost every case, it is better for the parties to reach a resolution than to proceed with litigation. That said, many traps exist in the settlement of a wrongful dismissal claim.

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Tags: Canada Revenue Agency, CRA, Dismissal, EI benefits, Employment Insurance Act, employment insurance benefits, employment law, Income Tax Act, lump sum severance, negotiating and resolving disputes arising out of the termination, retirement, retiring allowance, RPP, RRSP, salary continuance, T4, T4A, tax withholding, termination, termination disputes, termination settlement, wrongful dismissal
Posted in Benefits, Compensation, Employment Standards, Finance and Accounting, Human Resources, Internal Controls, Payroll, Source Deductions and Reporting | Make a Comment »

Accounting Standards for Private Enterprises: what to do about defined benefit plans?

Wednesday, February 1st, 2012

Is your company making the transition to Accounting Standards for Private Enterprises (CICA Handbook, Part II)? Do you have employees in a defined benefit pension plan? You should know that the Accounting Standards Board has approved amendments to CICA 1500, “First-time adoption” and Section 3461, “Employee future benefits”…

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Tags: Accounting Standards for Private Enterprises, ASPE, CICA 1500, CICA Handbook, date of transition, deferral and amortization, defined benefit plan, Employee future benefits, First-time adoption, pension plan, Section 3461, unrecognized gains and losses
Posted in Benefits, Finance and Accounting, Internal Controls, Not-for-Profit, Payroll | Make a Comment »

Something for all the boards

Thursday, January 26th, 2012

What board of directors couldn’t benefit from “A minute on minutes”—that’s board meeting minutes, get it? Here’s an outline of pros, cons and warnings, from basic to advanced.

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Tags: board meetings, board minutes, board of directors, governance
Posted in Finance and Accounting, Internal Controls, Not-for-Profit | Make a Comment »

Federal non-profit resources

Wednesday, January 25th, 2012

With the passing of the Canada Not-for-profit Corporations Act (and all that entails), law firm Drache Aptowitzer has introduced a website dedicated to the Act.

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Tags: Canada Not-for-profit Corporations Act, CNCA
Posted in Internal Controls, Not-for-Profit | Make a Comment »

Relief for far-flung and busy non-profit boards

Wednesday, January 25th, 2012

Under the recently enacted Canada Not-for-profit Corporations Act, directors and board members can pass resolutions without holding actual meetings. Many organizations will likely find this measure convenient, particularly where members are often unavailable for meetings due to time and distance.

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Tags: board meetings, board members, board of directors, board resolutions, Canada Not-for-profit Corporations Act, CNCA, director
Posted in Internal Controls, Not-for-Profit | Make a Comment »

Slaw: Internet child pornography reporting regulations

Thursday, January 12th, 2012

On December 6, 2011, the Internet Child Pornography Reporting Regulations were registered in the Canada Gazette and came into force. The goal of the regulations is to establish a framework necessary to implement the mechanics for the designated organizations receiving reports and service providers who report to discharge their duties under An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service.

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Tags: Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service, Canadian Centre for Child Protection, Criminal law, employment law, Internet Child Pornography Reporting Regulations, Internet Service Providers, online sexual exploitation, reporting obligations, secure online system
Posted in Employee Relations, Human Resources, Internal Controls, IT, Privacy and Security | Make a Comment »

Year-end round-up

Tuesday, January 10th, 2012

Like most of you, I’m sure, I was extra busy before Christmas last year, and to top it all off, I got sick and had to leave some things unfinished. So I couldn’t bring you this brief round-up of things that happened in the last three months of 2011, much of which has to do with technology and how employers will use it to interact with employees and customers. But it’s a new year and I’ve recovered from my illness and my holidays, so without further ado…

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Tags: Anti-spam bill, Canadian anti-spam legislation, cloud computing, copyright, Copyright Modernization Act, ECPA, facebook, Facebook comments as evidence, Facebook evidence, FISA, just cause to quit, no reasonable alternative to leaving the employment, online sales, online targeting, online tracking, personal information, Personal Information Protection and Electronic Documents Act, PIPEDA, profiling, public disclosure, social media, social networking, workplace conflict, Workplace Injury Tribunal
Posted in Human Resources, Internal Controls, IT, Privacy and Security, Privacy and Security | Make a Comment »

Managing fraud risk

Wednesday, January 4th, 2012

Reducing the risk of fraud from both external and internal sources is something that all businesses have to consider at some time, or continually, depending on the owner’s approach and taste for living on the edge. But seriously, fraud is a serious problem that can damage or even destroy a business, particularly small and medium ones, which can’t afford the potential losses.

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Tags: anti-fraud controls, banking and treasury, embezzlement, employee fraud, employee theft, external fraud, FAPP, Finance and Accounting PolicyPro, fraud prevention, fraud risk, indemnification, internal fraud, Jeffrey Sherman, purchasing, record keeping, revenue, risk, risk management
Posted in Employee Relations, Finance and Accounting, Human Resources, Internal Controls, Payroll | Make a Comment »

2011 CLawBies announced ― First Reference Talks is proud to be one of the finalists!

Tuesday, January 3rd, 2012

The 2011 CLawBie Awards have been announced. First Reference Talks is proud to be the runner up in the Fodden Award for Best Canadian Law Blog category in 2011!

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Tags: Awards, blog, Blogging, blogs, Clawbies, employment law, Fodden Award for Best Canadian Law Blog, social media
Posted in Accessibility Standards, Announcements, Human Resources, Internal Controls, Payroll | 1 Comment »

Public (statutory) holidays reminder and Seasons Greetings!

Friday, December 23rd, 2011

We’ll be taking a short break from posting and will be back in the New Year. However, before we go, we want to remind employers there are three public (statutory holidays) between December 25, 2011 to January 1, 2012. Happy Holidays to all!

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Tags: Boxing Day, Christmas Day, Day off with pay, New Years Day, ordinarily a working day, Public Holiday Pay, public holidays, statutory holidays, substitute day off
Posted in Accessibility Standards, Announcements, Employment Standards, Human Resources, Internal Controls | Make a Comment »

Slaw: Mandatory reporting of Internet child pornography by persons who provide an Internet service now law

Thursday, December 22nd, 2011

On December 8, 2011, the federal Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service (formerly Bill C-22) came into force. The new legislation aims to protect children from online sexual exploitation, by requiring suppliers of Internet services to the public to:

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Tags: child pornography, criminal code, Cybertip.ca, employment law, Internet child pornography, Internet service, ISP, Mandatory reporting, persons who provide an Internet service, suppliers of Internet services, The Canadian Centre for Child Protection, to protect children from online sexual exploitation
Posted in Employee Relations, Human Resources, Internal Controls, IT, Privacy and Security, Privacy and Security | Make a Comment »

IT compliance dictionary – yes!

Monday, December 19th, 2011

Maybe this will help directors get up to speed on IT. If you want to know the meanings of tech terms like WEP, WPA, kernel,malware, trojan, sniffing, MIME, deployment strategy, server,implementation and just about any other IT term you can think of, then check it out.

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Tags: compliance dictionary, harmonized controls, IT compliance, jargon, Network Frontiers, Unified Compliance Framework
Posted in Internal Controls, IT, Privacy and Security | 4 Comments »

Is it time for directors to take responsibility for IT governance and strategy?

Monday, December 19th, 2011

The International Organization for Standardization (ISO) thinks so. It has developed ISO 38500 to complement COBIT and ITIL, comparing the standards to the roof, walls and foundation of a house…

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Tags: beyond compliance, business strategy, COBIT, information technology, International Organization for Standardization, ISO, ISO 38500, IT governance, IT priorities, IT strategy, ITIL, strategy review
Posted in Internal Controls, IT, Privacy and Security | Make a Comment »

It’s time for the Clawbies nominations

Thursday, December 15th, 2011

It’s that time of year when we are asked to recognize the hard work of Canadian bloggers who take to heart all things legal. This year, with so many good new Canadian law blogs out there, the competition for Clawbies will be especially tough . The Clawbies awards recognize the Canadian legal blogosphere’s best and brightest: the interesting, innovative and informative sites that readers rely on for legal news and interpretation.

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Tags: blog awards, Blogging, blogs, Canadian bloggers, Canadian legal blogosphere, Clawbies, employment law
Posted in Announcements, Human Resources, Internal Controls | Make a Comment »

The sale of a business and some implications for employers and employees

Monday, December 12th, 2011

Last month I was consulted by a woman with respect to a new employment agreement that she wanted reviewed. The employment opportunity presented to her was by a company that had purchased the software company she was currently employed with for the past 19 years. Her salary remained the same, as did the total of her bonus, although the bonus structure was altered to reflect seemingly unattainable goals. While the new bonus structure did in fact reflect the purchasing company’s exact bonus structure with all of its existing employees, this arrangement was originally her main concern.

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Tags: canadian employment law, common law, common law obligations, company takeovers, employment law, employment standards act, ESA, ESA obligations, Nokes vs. Doncaster, novation, sale of a business, seniority, Sorel vs. Tomenson Whitehead, successor employer, termination, terminations, transitional contract, wrongful dismissal, years of service
Posted in Compensation, Employee Relations, Employment Standards, Finance and Accounting, Human Resources, Internal Controls, Payroll | Make a Comment »

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