IIEffective Insolvency and Creditor Rights Systems
There is no publicly available, formal assessment of Canada's compliance with the World Bank's Principles and Guidelines for Effective Insolvency and Creditor Rights Systems. A 2006 article on insolvency and restructuring in Canada by T. Sandler and S. Abitan indicates that insolvency proceedings are generally conducted under court supervision and governed by the Companies' Creditors Arrangement Act (CCAA) or the Bankruptcy and Insolvency Act (BIA), as appropriate. The authors note that the Winding Up and Restructuring Act provides an alternative to the liquidation proceedings of the BIA, and is the only instrument available for the liquidation of financial institutions. In 2005, the Government of Canada introduced an insolvency reform package that sought to modernize the requirements of both the CCAA and the BIA, and to establish the legislative framework for a Wage Earner Protection Program, which is now in place. The Parliament of Canada's website notes that, from 2004 to 2007, the government presented several versions of such a reform bill. The most recent version is projected to enter into force in March of 2010.
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IDInternational Financial Reporting Standards
In March 2006, after extensive consultation the Canadian Accounting Standards Board (AcSB) approved a Strategic Plan “Accounting Standards: New Directions.” Noting that “one size does not fit all,” the AcSB decided to pursue separate financial reporting strategies/standards for public companies, private enterprises, and not-for-profit organizations. As pointed out in a 2009 AcSB special edition on accounting activities, Canadian Generally Accepted Accounting Principles (GAAP) in its current form will cease to exist starting January 2011. Following which, Canadian publicly accountable enterprises (PAEs) defined as publicly listed companies and enterprises with fiduciary responsibilities, such as banks, insurance companies, credit unions, securities firms, mutual funds, and investment banks (but excluding pension plans), must apply International Financial Reporting Standards (IFRSs) as issued by the International Accounting Standards Board in preparation of their annual and interim financial statements. Private companies will be required to either follow new set of accounting standards for private enterprises issued by the AcSB in December 2009 or apply IFRSs. As for non-profit entities and pension plans, as of 2009, the AcSB was still deliberating on the reporting requirements for this type of entities, although it has been decided that non-profit entities will be allowed to use IFRSs. There is insufficient publicly available information on to what extent the new standards for private companies, not-for-profits and pension plans will conform to IFRSs. Before the deadline of January 2011, all compamies will continue to apply Canadian GAAP which are contained in part V of the Handbook as the “pre-changeover” standards. According to the 2009 KPMG report and other publications on the subject, these “pre-changeover” standards differ from IFRSs.
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IDPrinciples of Corporate Governance
Canada has undertaken significant harmonization of corporate governance rules with those of the United States. Improvements were achieved in the areas of financial reporting and corporate governance, as reported in a 2006 study by E. Waitzer. However, the Waitzer study notes that weaknesses persist due to Canada's highly fragmented regulatory and supervisory system and the overall lack of agency accountability and coordination. Further, according to information available on the Canadian Foundation for Advancement of Investor Rights (FAIR) website, Canadian shareholder rights are not at par with international best practices in many areas. The Foundation is also critical of the Toronto Stock Exchange and the securities regulators for not implementing the Organization for Economic Cooperation and Development (OECD) Principles of Corporate Governance. These findings are reiterated by the Canadian Coalition for Good Governance (CCGG) which notes that the Canadian legal requirements for public companies have not kept up with international best practices. In March 2010, the CCGG presented a brief to relevant authorities making 11 recommendations with respect to shareholder democracy for the mandated five-year review of the Canada Business Corporations Act (CBCA). As for the fragmented regulatory and supervisory system, a 2009 IMF Article IV report points that support and preliminary groundwork towards a unified national securities regulator is ongoing in Canada. Other Canadian initiatives include application of International Financial Reporting Standards for listed companies starting 2011 and the adoption of International Standards on Auditing as Canadian Auditing Standards. Also, at 8.3, Canadian Investor Protection Index which is part of the World Bank’s 2010 Doing Business Indicators is significantly higher than the average of 5.8 for regional OECD member states.
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ENInternational Standards on Auditing
In November 2005, the Canadian Auditing and Assurance Standards Board (AASB) issued an "Invitation to Comment" seeking public input regarding a proposed convergence of the Canadian Generally Accepted Auditing Standards (GAAS) with the International Standards on Auditing (ISAs) issued by the International Auditing and Assurance Standards Board (IAASB). Following extensive public consultation, the AASB concluded that most of the stakeholders strongly favored the proposal. As a result, a new strategic standard-setting approach was approved during the AASB June 2006 meeting. The AASB announced that it intends to adopt ISAs in their entirety, although there may be instances where modifications will be required. The modifications, however, will be clearly identified in the text of the new standards, the AASB noted. In line with its new strategic direction on convergence, according to a 2009 Canadian Institute of Chartered Accountants (CICA) Guide to New Auditing Standards in Canada, clarified ISAs as issued by the IAASB have been adopted as Canadian Auditing Standards (CASs). Several sources on the subject point out that clarified ISAs are adopted as CASs with minimal modifications. The new CASs are effective for audits of financial statements for periods ending on or after December 14, 2010. Meanwhile, all audits of financial statements for periods ending before this date will be performed in accordance with the existing Canadian GAAS, which, according to a 2006 comparison conducted by the AASB, differ from ISAs.
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IDAnti-Money Laundering/Combating Terrorist Financing Standard
The Financial Action Task Force (FATF) conducted a mutual evaluation of Canada's Anti-Money Laundering (AML) and Combating the Financing of Terrorism (CFT) regime against its 40 recommendations and 9 special recommendations (SR) in 2008. The FATF's 2008 report concludes that although Canada's AML/CFT legal framework is generally in line with the FATF standards, its effective implementation needs enhancement. More importantly, the report notes that the preventive system in Canada for financial institutions is generally insufficient to meet FATF Recommendations, and Canada is non-complaint with FATF Recommendation (R) 5 on customer due diligence, which is categorized by the FATF as a core recommendation. A country needs a rating of “compliant” or “largely compliant” with the core recommendations to be considered as having an effective AML/CFT regime. At the time of the mutual evaluation, the Canadian authorities were in the process of amending existing rules and regulations and enacting new ones so as to remedy these shortcomings. More recently, the 2009 U.S. Department of State report noted that in June 2008, Canada implemented a bill amending the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), thereby aligning the Canadian AML framework closer to international standards. The bill introduces a risk-based approach and mandates new client identification and record keeping requirements. Furthermore, the 2009 Annual Report by the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), Canada's financial intelligence unit, notes that at the FATF’s 2009 Paris Plenary, the latter organization recognized the efforts undertaken by FINTRAC to address FATF recommendations. Also, the FATF, in its 2008-2009 Annual Report, names Canada as one of the jurisdictions that have endorsed the FATF's 40+9 recommendations.
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FCCore Principles for Systemically Important Payment Systems
The Large Value Transfer System (LVTS), which is designated as a systemically important payment system (SIPS) by the BoC, was assessed by the IMF, and its findings were published in the IMF's 2000 ROSC. The ROSC concluded that the LVTS was in full compliance with the Committee on Payment and Settlement Systems (CPSS) Core Principles for Systemically Important Payment Systems (CPSIPS). In 2001, C. Goodlet of the BoC published a study which reiterated that the LVTS was in full compliance with the CPSIPS. More recent assessments of the LVTS were carried out by the BoC and the Canadian Payments Association (CPA), which operates the LVTS. The BoC assessment of the LVTS is published on the organization's website, although no compliance levels for individual principles are assigned. The CPA assessment of the LVTS conducted in 2008 concludes that the system fully complies with all applicable CPSIPS. The LVTS is designated for oversight by the BoC under the Payment Clearing and Settlement Act. According to the IMF, the LVTS system is one of the most secure and reliable payment systems in the world. The Continuous Linked Settlement (CLS) System settles foreign exchange transactions and is also designated by the BoC as a SIPS. According to a 2009 assessment by CLS Bank, the system fully observes the CPSS CPSIPS. The other system of systemic importance in Canada is the Automated Clearing and Settlement System for Securities (CDSX), which does not come under the purview of the CPSS CPSIPS. A 2008 report based on the World Bank’s Global Payment Systems Survey of the same year evaluates Canada’s compliance with four sub components broadly based on the CPSS' CPSIPS and concludes that Canada achieves a “high level of development” with all four components.
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