Category: Business Crimes Investigations & Compliance

AML – Again More Law (2015)

November 18, 2015

Blakes lawyers provide an update on recent and proposed changes to Canadian anti-money-laundering legislation and related issues. Topics include: Proposed new regulations Changes to non-face-to-face identification verification Adding domestic politically exposed persons (PEPs) New expectations for risk assessments FINTRAC and suspicious transaction reporting Sanctions update International guidance Accreditation: Ontario This program is eligible for up to 1.5 Substantive Hours.

​Government Fraud and Corruption: Ex-Mayor and Engineer Convicted in Major Municipal Corruption Case in Quebec

September 23, 2015

On September 15, 2015, the Court of Québec rendered a judgment in which it found a former mayor and a vice-president of an engineering firm guilty of several criminal offences relating to municipal corruption. These convictions are a significant achievement for UPAC, the Quebec government anti-corruption unit, created in 2011. After judgment was rendered, the Quebec prosecutor announced that there…

Privileged Documents and Regulatory Investigations: When Does Waiver Come Into Play?

August 26, 2015

  When a regulator comes knocking at your door, with an order compelling the production of documents, how should you treat communications between you and your lawyers? Are you required to produce privileged documents to the regulator, and if so, are the documents then discoverable in subsequent civil actions? The number of recent high-profile regulatory investigations that have taken place…

Solicitor-Client Privilege: The Quebec Securities Regulator Can Summon In-House Counsel to Testify in an Investigation

July 20, 2015

  On July 16, 2015, the Supreme Court of Canada (SCC) denied leave to appeal to an in-house counsel (referred to as Ms. X to protect her identity) in the case of X v. Autorité des marchés financiers. The SCC thus maintained the decision of the Quebec Court of Appeal, which had ruled that an in-house counsel could not claim…

New Federal Integrity Regime: Two Steps Forward, One Step Back

July 15, 2015

On July 3, 2015, Public Works and Government Services Canada (PWGSC) announced the implementation of a new government-wide Integrity Regime for all federal government procurement, effective immediately. The Integrity Regime replaces the Integrity Framework initially introduced by PWGSC in 2012 and amended in March 2014, which was heavily criticized as being unfairly harsh for its lack of due process and…

Drilling Down on Transparency: Quebec Introduces Bill Requiring Reporting For Mining, Oil & Gas Industries

June 12, 2015

  On June 11, 2015, Quebec’s Minister for Mines introduced a bill before the Quebec National Assembly that proposes to impose mandatory reporting requirements on businesses operating in the mining and oil and gas sectors. The bill, titled An Act respecting transparency measures in the mining, oil and gas industries (Bill 55), would require subject entities to declare all payments made…

Update: Extractive Sector Transparency Measures Act Now In Force

June 3, 2015

  The Extractive Sector Transparency Measures Act (ESTMA) came into force on June 1, 2015. ESTMA is designed to reduce international corruption by enacting reporting obligations with respect to payments made to foreign and domestic governments (and government officials), and eventually aboriginal or indigenous governments.   As set out in our November 2014 Blakes Bulletin: Extracting Transparency: New Bill Creates…

Bill C-13: Cyberbullying Bill Introduces New Lawful Access Measures

January 23, 2015

  On December 9, 2014, Bill C-13, An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act, also known as the Protecting Canadians from Online Crime Act (Act), received royal assent. The Act, sometimes colloquially referred to as Canada’s cyberbullying law, was originally introduced in the House…

Karigar Receives Three Years in Landmark Corruption Sentencing

May 26, 2014

  OVERVIEW   On May 23, 2014, Nazir Karigar was sentenced to three years in prison for offering to bribe foreign officials contrary to section 3(1)(b) of the Corruption of Foreign Public Officials Act (CFPOA). This is the first time that an individual convicted under the CFPOA has been sentenced and the first time that a jail term has been handed out….