Standards and Compliance

Expert Guidance to Ensure Full Legal and Regulatory Compliance

Canadian compliance can be complex and ever-evolving. We provide expert guidance and tailored compliance services to ensure your business adheres to all applicable federal and provincial laws, and all the regulations that impact your business. Let us handle compliance, so you can focus on growing your business.

Standards and Compliance

Comprehensive Compliance Solutions

We offer tailored compliance solutions for businesses operating in Canada, providing expert support and guidance in all areas of legal and regulatory compliance.

Expertise

Federal Regulatory Compliance
Provincial Regulatory Compliance
Industry-Specific Regulations
International Trade Compliance
Data and Privacy Compliance

Expert Insights into Canadian Compliance: Beyond the Basics

Compliance Audits & Assessments
Industry-Specific Guidance
Privacy Law Compliance
Environmental Compliance
Dispute Resolution Compliance
Regulatory Scrutiny

Deep-Dive Compliance Audits with Reference to the Canadian Standards Association (CSA)

We don't just check for compliance, but we conduct detailed audits against both legal requirements and also the standards set out by the CSA, which are often referenced by many governmental bodies, to assess your business against best practices, identifying areas where your business may need a more robust compliance program, as well as highlighting areas where you may be vulnerable to legal liability. We also ensure that your business is compliant with internal compliance programs, and the key aspects required to make those successful.

Provincial Compliance

Tailored Compliance Based on Province

We go beyond generic reviews by considering unique provincial regulations, including those set out by the Provincial Ministries of Environment and all related regulations, and specific provincial consumer protection requirements, understanding the variations, and specific enforcement mechanisms of each region, for a customized approach to compliance that is specific to your operations. We help you navigate the unique landscapes of every province, and your specific requirements.

Tailored Compliance

Sector-Specific Guidelines from Regulatory Bodies

We offer sector-specific advice by referring to the Financial Consumer Agency of Canada (FCAC) for banking regulations, guidelines from the Canadian Food Inspection Agency (CFIA) for the food sector, and regulations set out by the Canadian Radio-television and Telecommunications Commission (CRTC) for businesses in communications, among many other governmental regulatory bodies that provide unique and detailed guidance for each business sector.

Expert Advice

Staying Up-to-Date with Industry-Specific Compliance

We not only provide guidance on sector-specific requirements, but we offer ongoing compliance management, ensuring your business stays up to date with the ongoing legal changes from various sector specific regulatory bodies, implementing a strategy that keeps you ahead of legal obligations.

Data Protection

Implementing PIPEDA Best Practices and Data Governance

We implement specific best practices as set out by the office of the Privacy Commissioner of Canada, and implement systems that comply with PIPEDA and its various provincial equivalents for your business, including the implementation of comprehensive privacy policies, consent forms, data breach protocols, and methods for limiting access and for protecting and properly storing and managing all digital data.

Information Management

Global Data Transfer Compliance Under Canadian Law

We also guide your business in international data transfers, complying with regulations under PIPEDA, as well as the various rules from international governmental bodies on how to handle private information outside of Canada, and navigate the jurisdictional complexities of international data privacy and compliance, including the specific requirements of different international data transfer treaties and agreements.

Environmental Protection

Strategic Compliance with Canadian Environmental Law

We guide you through the complexities of Canadian environmental law, such as navigating the Canadian Environmental Protection Act (CEPA), and also helping your business align with the Environmental Assessment Act and all its provincial equivalents, providing guidance on implementing measures to minimize environmental harm, to reduce pollution, to manage emissions, and to properly handle waste under federal and provincial law.

Sustainable Practices

Strategies for Sustainable Business Practices

We not only help you achieve compliance with governmental regulations, but we also help you integrate sustainable practices in your business operations, so that you can implement long-term strategies that minimize the impact of your business on the environment, while aligning with federal and provincial guidelines, and with international best practices that allow you to operate in a more sustainable manner.

Resolving Conflicts

Navigating Compliance Focused Disputes

We guide your business through the process of resolving disputes while ensuring compliance with relevant laws such as the Canadian Human Rights Act, as well as the various provincial human rights codes. This also includes adherence to the rules and procedures set out in the Rules of Civil Procedure of each province and also by the courts in each jurisdiction.

Legal Representation

Litigation to Ensure Compliance

When litigation is required, we offer strong representation and we ensure your company’s compliance remains the key focus while navigating court proceedings, including compliance with all court regulations, and working to achieve a successful resolution while being in full compliance with all applicable laws.

Partner with Us for Unwavering Compliance Expertise.

Navigating the intricacies of Canadian compliance requires not just a broad overview, but a profound understanding of the specific nuances within both federal and provincial legislation, including the specific application of all these rules and how they impact your business’s operational framework, as well as a system for identifying potential issues before they arise. With our experts, you can rest assured that your business operations and procedures will be aligned with best practices, while reducing the risk of non-compliance.

We Assist

  • Strategic Alignment with Federal and Provincial Regulatory Enforcement Priorities

    We go beyond basic compliance; we align your business strategy with the enforcement priorities of agencies like the Competition Bureau, the Canadian Radio-television and Telecommunications Commission (CRTC), the Office of the Privacy Commissioner of Canada (OPC) and similar provincial bodies, ensuring not just compliance but proactive risk management, and also anticipating future legislative changes that may impact your operations.

  • Proactive Risk Management Through Legal Case Analysis

    We implement risk management systems based on case precedents set by Canadian courts, and we proactively identify compliance gaps by studying rulings on similar business situations under Canadian law, implementing best practices that focus on limiting future issues, and reducing the risk of liability and loss from non-compliance.

  • Ongoing Compliance Monitoring with Expert Legal Counsel

    We provide continuous monitoring services to align your ongoing procedures with all the legal and regulatory requirements of the jurisdictions where you operate, as well as compliance requirements based on guidelines provided by the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) and others. We proactively adapt to changes in legislation and guidelines, to keep you always up to date with all requirements for legal operation, to avoid penalties and loss of reputation.

Decoding Compliance: Advanced Insights into Canadian Regulations

  • The Nuances of "Reasonable Steps" in Due Diligence Under Canadian Law

    Beyond implementing a basic compliance program, Canadian courts assess whether your business has taken "reasonable steps" to prevent compliance violations. This involves considering the specific nature of your business, the potential risks you face, the resources available to your business, and the level of ongoing training and oversight required. The standard for reasonable steps will vary from business to business based on complexity and industry. The courts will consider whether your due diligence is in line with those of an ordinary and prudent business. We guide you through a process for implementing due diligence measures that will be considered “reasonable” in the eyes of the law.

  • The Legal Dimensions of "Retaliation" and Whistleblower Protection under the Federal Public Servants Disclosure Protection Act

    While the Federal Public Servants Disclosure Protection Act establishes general guidelines on whistleblower protection, cases have shown what actions do and do not constitute retaliation. Retaliation can include changes to an employee’s position, hours, rate of pay, workload, or exclusion from benefits or other opportunities. The burden of proof falls on the employer to prove any actions were not retaliatory. We ensure our clients implement policies and procedures that adhere to these standards, and also understand that the requirements may vary in provincial jurisdictions.

  • The Interplay of "Conflict of Interest" and "Duty of Loyalty" under the Canada Business Corporations Act (CBCA)

    The CBCA and similar provincial laws, impose both a duty of loyalty and a duty to avoid conflicts of interest, and set out the requirements for compliance, and specific rules to implement in your corporation. While the duty of loyalty refers to the obligation to always act in the best interests of the corporation, the conflict of interest rules must also ensure that any personal gain from any corporate transactions or business dealings is also fully disclosed. We provide a detailed analysis and implementation of your conflict of interest and duty of loyalty framework to ensure compliance, using actual case law, best practices, and also industry standards to implement the best procedures and policies for your organization, that are also in line with all governmental guidelines.

  • Navigating Data Security and "Record Keeping" Requirements Under Canadian Privacy Law, with a Focus on the Personal Information Protection and Electronic Documents Act (PIPEDA)

    Beyond just retaining records, under PIPEDA there are requirements for the security and confidentiality of any personal information that you store. This not only includes the proper implementation of security systems, such as data encryption, access controls and limitations on data transfers, and physical security. It also requires adherence to strict guidelines regarding retention periods, deletion of records when they are no longer required, and documentation of compliance practices. We ensure your business meets all of these requirements to prevent privacy breaches and legal liabilities.

  • Building a Strong "Compliance Culture" Through Ethical Leadership and Reporting Structures

    Creating a culture of compliance goes beyond policy implementation; it must also be woven into the fabric of your organization through specific leadership behaviors and processes. We help you implement a program that highlights ethical behaviour through the promotion of a "speak up" culture, proper reporting procedures, protection of individuals making reports, and ensuring a commitment to compliance from your leadership, and we ensure that your entire business is compliant through constant auditing, training and oversight that is implemented by our experts.

FREQUENTLY ASKED QUESTIONS

  • How do the "Principles of Fair Information Practices" under PIPEDA influence the design and implementation of a compliant privacy management program in a business?

    Beyond the specific clauses, PIPEDA is also based on ten core principles, such as "accountability," "identifying purposes," "consent," and "limiting use." Compliance must extend to the underlying principles that dictate that your business must also be transparent with customers, must limit the use of private data, and must implement safeguards for protecting data, and we can help your business implement a management program that is not only legally compliant, but that is also in line with the underlying principles of the legislation, offering best practices in privacy protection.

  • What are the specific procedural requirements under the Competition Act for "leniency applications" and how does this differ for corporations vs. individuals?

    The Competition Bureau offers a leniency program for parties who have violated the act, and the specific process of applying for leniency involves both informing the bureau of the violation as well as offering a good faith disclosure of all details involved. However, leniency is treated differently for corporations vs. individuals, and only the first business or individual to disclose the violation will be given full immunity, while all subsequent disclosures are only eligible for partial leniency. We help you understand the implications of this specific and complex law, and to navigate any required compliance procedures.

  • Beyond simple compliance, how does a business implement an "ethics and compliance program" that also addresses issues of “corporate social responsibility” and sustainability in Canada?

    A truly effective program must integrate ethical leadership, and should include specific targets for sustainability and “corporate social responsibility”, as well as providing training for employees and managers alike, and ensuring accountability for compliance at all levels, as well as demonstrating a commitment to high ethical standards. The Canadian Business Ethics Research Network (CBERN) offers guidelines and best practices for creating these kinds of programs, and we help you implement a system that goes beyond meeting basic requirements, and which also has a positive social impact.

  • What are the unique jurisdictional challenges in navigating "environmental compliance" when a business has operations in multiple provinces and under the Canadian Environmental Protection Act (CEPA)?

    The federal Canadian Environmental Protection Act sets a base minimum standard for the environment, but each province also has its own requirements. For example, what is required under the Ontario Environmental Protection Act may differ significantly from the Alberta Environmental Protection and Enhancement Act, particularly in the areas of waste management and carbon emission regulations. Businesses must also adhere to international trade laws if they are involved in shipping of hazardous materials across borders. We help businesses navigate the landscape of specific provincial requirements and the overlapping jurisdiction of federal and provincial law to ensure a unified and effective compliance plan, that addresses both provincial and federal requirements.

  • What specific requirements are outlined in the Canada Labour Code regarding workplace harassment and violence, and what does “proactive prevention” mean under Canadian law in regards to ensuring proper worker protection?

    The Canada Labour Code does not just require policies, it also requires a proactive approach, which entails the implementation of detailed risk assessments, preventative measures, employee training, and protocols for managing complaints, as well as ongoing reviews and adjustments to policies. We guide our clients to implement reporting structures, training and also oversight structures, while following the best practices for workplace ethics, and providing support for creating a safe workplace.

  • How does the concept of "evidentiary privilege" apply in the context of compliance audits and investigations, and when can this protection be waived or overturned in court?

    "Evidentiary privilege" or “solicitor client privilege”, a core component of the Canadian legal system, is important as it allows a business to consult with legal experts confidentially, to get legal advice. However, this privilege can be waived in certain situations. This can include when a legal opinion is being used to hide or facilitate a crime, and also in situations of “public interest.” We provide guidance on what is considered privileged information and also how to properly implement a compliance process where privilege is maintained, while also following the proper legal procedures.