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Corporate Compliance

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Maintaining a legal entity, even when it is dormant, will use up valuable resource. Whether it is drafting of corporate approvals, preparation of financial accounts, gathering signatures, making filings, attending to the annual compliance and day-to-day obligations of your dormant legal entities can require a significant amount of management time. We explore why now may be a good time to re-visit plans for dormant entities in your group structures and some of the key benefits that a CLEAR project can bring.

In order to assist clients and discussions with clients, Baker McKenzie associates have created an interactive tool that is aligned with the legal framework for some of the key considerations presented by additional use of data, specifically with respect to antitrust, intellectual property and data protection. This innovative tool allows clients to self-test their readiness, from a legal standpoint, to enable unlocking additional value from data.

The requirements under the Act on the Promotion of Female Participation and Career Advancement in the Workplace (APFPCA) are currently applicable only to companies with more than 300 regular employees. However, thanks to a recent revision, they will apply to companies with more than 100 regular employees from 1 April 2022. An amendment to the Child and Family Care Leave Act will also become effective on 1 April 2022. These changes stem from the same root as those made to the APFPCA — the goal of creating working environments that enable employees of both genders to participate and advance equally.

To address international human rights and responsible business conduct, in 2019 Canada established the Office of the Canadian Ombudsperson for Responsible Enterprise.The CORE represents the Government of Canada’s commitment to provide a mechanism to respond to concerns raised about the protection and respect for human rights by Canadian-based companies doing business around the globe in the garment, mining, and oil and gas sectors. On 28 October, Baker McKenzie will explore the mandate of the CORE as well as the mechanisms it has put in place to address human rights complaints.

Due to the pandemic and social distancing measures, employers and employees are making use of communication apps to convey changes in the work routine and even termination of the employment agreement. As a result, many lawsuits have been filed before labor courts challenging the use of communication apps for these purposes.