Compliance and Internal Investigations
Canadian companies that do business with governments in Canada or other countries are subject to complex and often overlapping legal obligations that govern the manner in which they conduct their business. Legal requirements under various statutes including the Corruption of Foreign Public Officials Act (Canada's equivalent of the U.S. Foreign Corrupt Practices Act or FCPA) the Criminal Code and Canada’s Integrity Regime impose obligations on companies doing public business in Canada and internationally.
We advise clients regarding compliance matters and assist in developing and implementing compliance policies. We also have experience conducting internal investigations and implementing strategies to mitigate potential liability.
We advise clients with regard to debarment notices issued by the Department of Public Services and Procurement Canada (formerly Public Works and Government Services Canada) and related proceedings, including negotiation of administrative agreements and third-party monitoring and certification services.
We also advise clients on matters arising under Canada's anti-money laundering legislation, the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. We provide advice with respect to compliance under the legislation, including the development and implementation of compliance policies and programs.
Internal investigations have become an increasingly important reality for all companies and other institutions. Internal investigations can be triggered by a wide variety of circumstances ranging from simple mistakes through ethical lapses, whistleblower complaints, governmental inquiries or by a competitor’s conduct or complaint. Failure to take appropriate steps when presented with an issue that merits further inquiry and analysis can result serious negative repercussions for a company’s board and senior management. Internal investigations are an important tool that can mitigate potentially negative reputational following the discovery of disclosure of an issue.
While an internal investigation can help avoid a company avoid potentially serious consequences, it can cause harm if not conducted properly. Conlin Bedard has a reputation for conducting internal investigations in a prudent, effective, cost efficient, and with minimal disruptions to an organization.
While the circumstances of each internal investigation are unique, our team’s experience gives us valuable perspective on important issues that commonly arise, such as when to conduct an internal investigation, who should conduct it, how to maintain applicable privileges.