Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons)
Not-for-profits must often make do with few resources. As recipients of donations, government grants and other public funds, they have a moral obligation to be good stewards of those funds.
Furthermore, directors and officers have fiduciary duties under tax, bankruptcy, incorporation, environmental and other statutes, with personal exposure for unpaid wages, salaries, and statutory deductions, and other liabilities.
Therefore, competence in financial matters—including matters that are directly financial, and non-financial issues with potentially significant or catastrophic financial consequences—is essential. Directors, officers, and senior management should prepare to address these topics when they appear on board agendas and equip themselves to give meaningful input into discussions or decisions. The following are some essential considerations for these roles:
It is not a defence for the board and management to say that financial matters are complex and require specialized training or that it is the auditor’s responsibility. Competence in financial matters to the extent necessary to perform these roles is essential. Seek help from auditors, accountants, consultants and others if needed. The Not-for-Profit library in PolicyPro®, particularly SPP NP 4.01 – Financial Management Primer, includes guidance.
Policies and procedures are essential, but the work required to create and maintain them can seem daunting. The Finance and Accounting, Operations and Marketing, Not-for-Profit, and Information Technology libraries in PolicyPro®, co-marketed by First Reference and Chartered Professional Accountants Canada (CPA Canada), contain sample policies, procedures, checklists and other tools, plus authoritative commentary to save you time and effort in establishing and updating your internal controls and policies. Not a subscriber? Request free 30–day trials of Finance and Accounting, Not-for-Profit, Operations and Marketing, and Information Technology librairies in PolicyPro® here.
Employees can be dismissed for cause, and therefore without notice or severance, when their misconduct or performance is so egregious that the employment relationship has been irreparably harmed. In assessing this issue, employers must adopt a contextual approach, which considers not only the misconduct in question, but the entirety of the employment relationship.
Rudner Law, Employment / HR Law & Mediation
I’ve discussed the Privacy by Design principle before, in the Inside Internal Control newsletter. In case you don’t know, PbD is an approach developed by Dr. Ann Cavoukian, the Privacy Commissioner of Ontario, which proactively embeds privacy protection by default in the design of an organization’s practices and products.
Colin Braithwaite
This year’s Ontario Employment Law Conference co-sponsored by First Reference and Stringer Brisbin Humphrey on June 2, 2010, will touch on several topics of importance to employers. The first topic on the Agenda will provide employers with guidance on a significant court decision and changes in court procedures affecting the termination process. Specifically it should help employers minimize claims arising from the termination process.
Marie-Yosie Saint-Cyr, LL.B. Managing Editor