Managing Key Challenges for Corporate Officers, Directors and Public Companies: The New Books & Records Offence and Other 2013 Amendments to the CFPOA

February 5, 2014 9:10am

John Keefe
Goodmans LLP

Gina Campbell CA
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