Risk Management and Crisis Response Blog

Duty of procedural fairness that would be owed to witnesses in issuing summonses under the Securities Act is minimal

A recent British Columbia Court of Appeal decision confirmed that, amongst the very limited avenues that witnesses have to challenge a regulatory...

Law 25: a new enforcement scheme for protection of personal information in the private sector in Québec

On September 22, 2023, the majority of the amendments to the Québec privacy legislation introduced in the Act to modernize legislative...

More complaints and more investigations: highlights from CIRO’s inaugural Enforcement Report

The Canadian Investment Regulatory Organization released a report on its enforcement activities for its first year of operations. Lawrence Ritchie,...

Compliance burdens for payment service providers under final Retail Payment Activities Act regulations

The final regulations to the Retail Payment Activities Act, published on November 22, 2023, ease some compliance burdens for payment service...

CSA and CIRO review comments but come to no conclusion (yet) on short selling regulatory regime

The Canadian Securities Administrators and the Canadian Investment Regulatory Organization have released stakeholder comments and responses solicited...

Recent criticism of corruption enforcement and calls for a ‘failure to prevent’ offence in Canada

Following similar criticism from the OECD, a recent Transparency International Canada white paper highlights shortcomings in Canada’s...

Abuse of process revisited? British Columbia Court of Appeal grants leave application from ruling of British Columbia Securities Commission

The British Columbia Court of Appeal will hear a case that raises important questions concerning how persons subject to prosecution by administrative...

B.C. Securities Commission program offers monetary awards for whistleblowing

The British Columbia Securities Commission has introduced a new Whistleblower Program to incentivize future whistleblowers to come forward by...

B.C. government enforces ‘polluter pays’ principle with Environmental Management Act

Who is considered an owner and what types of facilities are subject to amendments under British Columbia’s Environmental Management Act and...

Widening the lanes? Supreme Court of Canada weighs in on the territorial reach of Québec’s securities regulatory tribunal

On November 17, the Supreme Court of Canada directly addressed for the first time the question of whether provincial administrative tribunals have...