Discovering corporate criminal wrongdoing by employees or agents is a situation that employers hope to never encounter. However, if that time comes it is critical to be prepared.

The Federal Government has tabled new legislation, Bill C-74, that will change the law on corporate criminal liability and provide a new tool for prosecutors. Bill C-74 introduces a new regime, known as the Remediation Agreement Regime, modeled on the Deferred Prosecution Agreements regularly used in the US and the UK. As we recently wrote, the new regime will amend the Criminal Code and incentivize corporations to self-disclose criminal conduct to the authorities by providing an alternative to criminal prosecution for qualifying companies through the proposed remedial program, which may include enhanced compliance oversight, monitors, and fines.

To ensure you are prepared for the new regime, join Baker McKenzie’s global practitioners on Thursday, June 14 for a Deferred Prosecution Agreement Roundtable. Gain important insights on:

  • The impact that Bill C-74 will have on corporate criminal law in Canada;
  • How the Canadian Remediation Agreement Regime will work in practice and how it will impact the Integrity Regime;
  • The critical lessons learned from negotiating Deferred Prosecution Agreements in other jurisdictions;
  • Strategies for self-disclosure and dealing with parallel multinational investigations, multiple enforcement agencies, and global settlement negotiations; and
  • Designing compliance programs and conducting effective internal investigations to ensure your company qualifies for a DPA.

You will hear from Baker McKenzie lawyers who have deep experience in these areas, including at the UK’s Serious Fraud Office, the US Department of Justice, the Crown Attorney’s office, and the highest levels of the Canadian government. Our multijurisdictional team has negotiated DPAs in the US, made self-disclosures in the UK, and worked with the RCMP and Public Prosecution Service to resolve allegations of corporate criminal misconduct in Canada.

In addition, we’ll discuss best practices for implementing effective corporate compliance programs.

Event Details

Schedule

8:30 AM Breakfast
9:00 AM – 12 PM Roundtable

Location

Baker McKenzie
181 Bay Street, Suite 2100
Toronto, ON M5J 2T3

CPD Credit

This program can be applied towards 3 Substantive hours of Continuing Professional Development (CPD) required by the Law Society of Upper Canada. Please note that this program is not accredited for Professionalism hours.

Register for the event HERE.

The Ontario Government is abandoning its current method for calculating public holiday pay which came into effect under the Fair Workplaces, Better Jobs Act, 2017 (“Bill 148”). Employers will need to revert back to the previous calculation method, although this reversal is only temporary. Ontario plans to introduce yet another calculation method following a review of the public holiday system, which is proposed to occur later this year. Continue Reading Ontario Reverts Back to Previous Public Holiday Pay Calculation (For Now)

The Ontario government has passed Bill 3, Pay Transparency Act, 2018. The Act imposes requirements on employers to promote equality of compensation between men and women, and to increase the transparency of information regarding compensation and workforce composition. The Act is set to come into force on January 1, 2019. Continue Reading Pay Transparency Obligations Coming But Not Until January 1, 2019

We’re pleased to share our highlights video from our February 28th seminar in which we reviewed key changes under Ontario’s Bill 148 and provided practical guidance to assist employers in meeting the new legislative requirements. To view the video, click here.

Employers who include discretionary bonuses as part of their employees’ compensation packages should be aware of the Ontario Court of Appeal’s latest guidance on (i) bonus entitlement for the period up to dismissal and (ii) compensation for the loss of a bonus during the reasonable notice period. This guidance came in the Court’s decision, issued last week, in Singer v. Nordstrong Equipment Limited, 2018 ONCA 364. Our analysis of the lower court’s decision in this case can be found here.  Continue Reading Is Your Dismissed Employee Entitled to a Bonus?

A recent decision from the Ontario Superior Court demonstrates the overlap between civil and criminal findings, and how an employer can use a criminal verdict to recover additional damages in a civil claim. In Atlas Copco Canada Inc. v. David Hillier 2018 ONSC 1558, rendered March 7, 2018, an employer “piggybacked” off of a criminal court decision to recover an additional $20 million from an ex-senior employee who accepted payments and benefits in return for allowing a fraud to continue.

This decision highlights an employer’s possible options for fraud recovery, as well as the steep costs for employees of participating in fraudulent schemes. Continue Reading

Canada’s national newspaper, The Globe and Mail, recently hosted its Solving Workplace Challenges 2018 conference and followed up with a full page article featuring insights from Chris Burkett’s panel discussion on pressing topics in employment law. See the excerpt below or access the complete article here. Continue Reading Cannabis@Work – The Globe and Mail features Baker McKenzie Partner, Chris Burkett

On April 1, 2018, employers in Ontario will be subject to the new equal pay provisions under the Employment Standards Act  (“ESA”) brought in by Bill 148. As a general rule, employers can no longer establish distinct pay rates based on a “difference in employment status”, defined as follows: Continue Reading Compliance Check: Do Your Pay Rates Comply with Bill 148?

This is the final article in our three-part series on recent changes to Alberta’s labour and employment legislation. Here we outline changes to Alberta’s occupational health and safety (“OHS”) and workers’ compensation legislation resulting from Bill 30: An Act to Protect the Health and Well-being of Working Albertans. Continue Reading Alberta Strengthens Workplace Safety Legislation

Last week, the Ontario government announced its intention to introduce pay transparency legislation – see our article on the announcement here.  Bill 203, the Pay Transparency Act, 2018 has now been introduced. The newly proposed legislation is consistent with the Ontario government’s press release. In particular, it proposes to impose the following requirements on employers:

  • a salary rate or range must be stated in all publicly advertised job postings;
  • job candidates may not be asked about their past compensation;
  • no reprisals may be made against employees who discuss or disclose compensation; and
  • certain employers must track and report compensation gaps based on gender and/or other diversity characteristics (in “pay transparency reports”).

Bill 203 also sets out in greater detail the proposed pay transparency requirements. In particular: Continue Reading Ontario Unveils Pay Transparency Legislation