Ontario’s Proposed Whistleblowing Policy is coming:
What you need to know and do to be compliant

Presented on December 2, 2015

  • Materials:
  • Ontario’s Proposed Whistleblowing Policy is coming: What you need to know and do to be compliant

    • Speakers:
    • Tom Atkinson, Director of Enforcement, OSC
    • Rene Sorell, Partner, McCarthy Tétrault LLP
    • Michael Savage, Partner, Ernst & Young LLP
    • Shane D’Souza, Associate, McCarthy Tétrault LLP
  • About this program:
  • The Ontario Securities Commission has just published its proposed Whistleblower Policy, which is open for comment until January 12, 2016. The policy, would award eligible up to $5 million for reporting securities- or derivatives-related misconduct that leads to significant enforcement or settlement outcomes. Reporting issuers will want to re-examine internal compliance and reporting systems, codes of conduct and confidentiality provisions in employment agreements in light of the proposed program.
    We have convened a panel of experts to provide guidance about how the policy will take shape in practice - Tom Atkinson, Director of Enforcement, Ontario Securities Commission, Rene Sorell, Senior Partner in McCarthy’s Securities Group, and Michael Savage, Partner at Ernst & Young with Shane D’Souza, Senior Associate in our Securities Litigation practice acting as a moderator. Please join us for a robust discussion that will include the following points:

    ¬ Factors that will determine Financial Awards
    ¬ Tensions with eligibility of Counsel, Internal Compliance Staff, Directors and Officers, and Auditors as whistleblowers
    ¬ Employee Protection from Reprisals
    ¬ Potential Impact of the Program on Internal Compliance and Reporting Procedure
    ¬ Potential Impact of the Program on existing relationships with third parties
    ¬ Potential Impact of the Program on Internal Investigations
    ¬ Proactive Measure that Directors should consider

  • Accreditation:
  • This program qualifies for up to 1.5 hour(s) of eligible educational activity or CPD/MCE credit under the mandatory education regimes in British Columbia, Ontario and Québec.