Managing Key Challenges for Corporate Officers, Directors and Public Companies: The New Books & Records Offence and Other 2013 Amendments to the CFPOA
John Keefe
Partner
Goodmans LLP
Gina Campbell CA
Partner
Deloitte & Touche LLP, Calgary
- Practical implications for compliance in light of the new books and records offence
- Specific prohibitions
- Internal controls you should implement
- Changes to penalties
- Personal liability of directors and officers for acts subsequent to the initial bribe
- National jurisdiction: new risks for public companies
- Material fact disclosures and their consequences
- What to do when a potential problem is uncovered: will there be more disclosures to law enforcement under the new legislation?
- Impact on non-profit entities, including co-ops and charities
- The coming repeal of the exception for facilitation payments
- Will making small payments to foreign government officials just to conduct routine activities become an indictable criminal offence in Canada?
- What if a charity attempting to deliver aid has to grease some palms to get supplies through to the needy? Could a Canadian prosecution result?
- What questions should directors address to management?
- Best practices for the audit committee
- Advising the Board
- What’s next?
- Proposed legislation requiring disclosure of payments to governments