Conference Agenda

Please choose Track 1 or 2 on Day 2, November 17, 2011

Day 1: Wednesday, Nov. 16, 2011

7:30
Registration Opens and Coffee Served
8:30
Opening Remarks from the Co-Chairs
  • Louise Cannon
    Senior Vice President
    Group Programs & Domestic Bank Compliance Scotiabank
  • Christopher Walker
    Vice President and Chief Compliance Officer
    MFC Global Investment Management(Canada) Manulife Financial
8:45
Implications of Upcoming Regulations to Canada's Future Fiscal Health in a Global Marketplace
  • Jack Selody
    Special Adviser, Promontory Financial Group, Canada ULC
    Former Adviser to the Governor, Bank of Canada
The road to economic recovery has not come without significant cost. At present, the consumer debt to income ratio in Canada is an overwhelming 145%. Protecting Canadian consumers by reducing debt is a top government priority. In issuing its new Supervisory Framework, OSFI reports on the signifi cant changes to the risks faced by Federally Regulated Institutions and how they are managed, coupled with developments in international regulation and supervision. This keynote presentation will provide a snapshot of the regulators' plans for FIs in the year ahead and beyond.
  • New and anticipated developments from OSFI: Key industry-wide issues and strategies for compliance
  • Risk management under the new Supervisory Framework: Operating in the reality of new Basel and IAIS core principles, in addition to required assessment of liquidity for FRIs as a whole
  • Understanding and managing the expectations of OSFI in interpreting new regulations to reduce the incidence of sanctions and other penalties
  • Compliance lessons learned: Best practices from the past year to ensure continued successes on the path towards bolstering economic growth
  • Fine tuning internal policies to meet compliance demands in a timely and cost eff ective manner
  • What are the parameters and implications of the 5-year government review anticipated to roll out in 2012?
  • Updated outsourcing requirements: How OSFI is administering the regulations and what are the anticipated changes?
9:45
Conducting Enhanced Due Diligence for Compliance with FINTRAC Directives

Note: This session will not be available during the live webcast.

  • Scott Driscoll
    Vice President & Chief Compliance Officer
    Canada Compliance & Ethics
    Amex Bank of Canada
  • Michael Pawliw
    Regional Director
    Compliance Central Region‚ FINTRAC
  • Deborah Taub
    Director, AML Compliance, Global Anti-Money Laundering Compliance
    Royal Bank of Canada
In this session, you will learn practical solutions to stand up to regulatory scrutiny without impacting your ability to service customers and run a profitable business. Learn how to shield your FI from Serious or Very Serious Violations, and minimize your exposure to publicly embarrassing and costly AMPs.
  • What are FINTRAC’s expectations and priorities for the coming year?
  • Bullet-proofing your forensic fraud analysis and reporting systems:
    • Instituting enhanced due diligence for high risk customers
    • Ensuring expedited access to up-to-date Politically Exposed Foreign Persons lists
    • Identifying PEFPs among your clientele
    • Implementing an action plan to identify and address suspicious transactions
    • What are FINTRAC’s expectations for reporting fraud?
  • Understanding the direct implications on FIs of Freeze Orders and other measures related to Libya, Egypt and Tunisia
  • Know Your Customer: Managing increasing controls to prevent identity theft fraud, money laundering and terrorist financing:
    • Special considerations when dealing with PEFPs
    • Identification requirements and proper validation of ID when entering new relationships to ensure compliance
    • Catching up to technology
  • What are the implications of tax evasion as a predicate offence for money laundering?
    • Checklist of top indicators used to detect suspicious transactions related to tax evasion
10:45
Networking Refreshment Break
11:00
Developing and Implementing a Comprehensive AML/ATF Compliance Program
Moderator:
  • Garry W.G. Clement
    President & CEO
    Clement Advisory‚ Former Superintendent and National Director‚ Proceeds of Crime‚ RCMP

Panelists:
  • Stephen Harvey
    Chief Anti-Money
    Laundering Officer
    CIBC
  • Karen Hoffmann
    Senior Vice President, Governance Risk and Compliance
    Vancity Group
AML legislation in Canada requires every Reporting Entity to implement a program to ensure compliance. Th is session will provide you with real-world perspectives, from the viewpoints of both large and smaller FIs. Collect the necessary tools required for developing, implementing and maintaining a compliance framework to suit your needs.
  • Guidebook to building a prudent compliance framework:
    • Assessing your current capabilities and functionality
    • How to identify when an enterprise-wide risk system is too broad to satisfy the wide gamut of compliance directives
    • Recruiting qualified staff to properly execute internal policies
  • Risk management to reduce the incidence and impact of sanctions:
    • Understanding the obligations of FIs, and whether the size of your organization will or should affect protocol and the response from the regulators
    • Leading principles in compliance with sanctions regimes
    • Update and review of recent administrative monetary penalties levied
  • Best practices in administering and executing self-assessments and in dealing with audits
  • Developing a tailored metrics process: When should you use consultants to assess and audit the effectiveness of your unique AML compliance programs
12:00
Facilitating Communication among the Regulators: Question and Answer Session
  • Nicolas Burbidge
    Senior Director, AML and Compliance Division
    OSFI
  • Robin Gould-Soil
    Director
    PIPEDA Investigations Office of the Privacy Commissioner of Canada
  • Michael Pawliw
    Regional Director
    Compliance Central Region‚ FINTRAC
Obtain answers directly from the regulators in this session devoted entirely to your most pressing regulatory compliance questions. Submit your questions in advance to regulatorycompliance@canadianinstitute.com.
12:45
Networking Luncheon for Delegates and Speakers
2:00
Leveraging Advancing Technologies to Better Manage Privacy Obligations
  • Zachariah Ezekiel
    Director, Business Conduct and Chief Privacy Officer
    Scotiabank Group Compliance
  • Robin Gould-Soil
    Director
    PIPEDA Investigations Office of the Privacy Commissioner of Canada
  • Dale Philp
    AVP‚ Associate General Counsel and Chief Privacy Officer
    SunLife Financial
Privacy compliance and diligence are no longer simply a rote regulatory requirement. In this age of rapidly advancing technologies, control over privacy obligations is an essential part of risk management. In this session, you will learn how to protect your organization from potential breaches of privacy legislation, while effectively discharging your regulatory compliance demands.
  • Review of recent cross-Canada developments in Privacy: Managing the expectations of the commissioners
  • Fighting Internet and Wireless Spam Act:
    • Overview of the proposed new anti-spam law
    • Complying with your obligations under the new legislation
    • Risk management to reduce the incidence of default and the accompanying penalties
  • Balancing your right to collect information against privacy concerns across multiple channels, including telephone, online and other non face-to-face transactions
  • Understanding the emerging privacy concerns that accompany the rise of new technologies
  • Case Study - The Cloud Reality: Reconciling PIPEDA and the expanded government powers under the U.S. Patriot Act, while overcoming the risks of storing data in foreign based cloud provider
  • Practical strategies to manage challenges with transfers of personal information to third parties
  • How are the Guidelines for Processing Data Across Borders being applied and future challenges?
  • Preparing your organization for the national mandatory breach notifi cation obligations:
    • When and how will the proposed amendments to PIPEDA under Bill C-29 be resurrected?
    • What can be learned from the Alberta experience?
3:00
New Developments from the FCAC
Moderator:
  • Danielle Lin
    Senior Director, Compliance
    CIBC
Panelists:
  • Maureen Bell
    Vice President
    Compliance CIBC
  • Lisa Goodfellow
    Acting Senior Compliance Officer, Compliance & Enforcement Division
    FCAC
FCAC has recently adopted a more proactive role in supervising compliance by FIs with legislative consumer provisions, and in monitoring adherence to industry voluntary codes of conduct and public commitments. Learn what is on the horizon for FCAC, including guidance in creating your documentation to comply with the amended clear language principles.
  • New developments from the FCAC: Forecast for 2011 and beyond
    • Negative Option Billing Regulations: Fulfilling your obligations to ensure that products are offered on an opt-in basis only, with suffi cient disclosure to consumers about the terms and conditions prior to acceptance
    • Access to Funds Regulations: Ensuring compliance with reduced maximum cheque hold periods, and timelier access to funds deposited by cheque
  • Understanding how to navigate the anticipated changes by the FCAC to its regulatory framework
  • Discharging your compliance duties through the use of plain language:
    • What are the FCAC expectations under the clear language project?
    • Clarifying the Clear Language and Presentation Principles and Guidelines
    • Practical interpretation of the guidelines to shape your business practices
  • Q&A with the FCAC
4:00
Networking Refreshment Break
4:15
Good Governance: Solutions for Operational Risk Management
  • Terry Hall
    Partner, Practice Chair Financial Service Group
    Cassels Brock & Blackwell LLP
  • Azaan Jaffer
    Principal
    Promontory Financial Group Canada ULC
The importance of strong risk governance cannot be understated. In the aftermath of the global market crisis, rigorous risk governance is key to protecting directors and your organization as a whole. This session will provide you with proven strategies to create a structured agenda for risk management and governance. Learn what adjustments must be made in house to seamlessly adapt and meet changes to regulatory and supervisory systems.
  • Developing and implementing a cost-effective corporate compliance framework from the ground up:
    • Defining levels of authority to expedite corporate decision-making at all stages
    • Assessing the essential elements of an Enterprise Resource Planning (ERP) system: What works best?
    • Establishing a structure for technology development to manage the challenges of growing software and social media options
    • Understanding when to outsource and how to do it effectively
    • Selecting staffing and monitoring controls appropriate to the size of the institution
  • Tracking and rating program effi ciency: Choosing a metrics system to critically evaluate the successes and failures of your internal structures and guard against penalties for non-compliance
  • Managing the Regulators:
    • What is the role of examiners?
    • What is the scope of an examination?
    • Developing procedures to respond effectively to regulatory inquiries and examinations
    • Knowing when you must conduct an internal investigation, and who should be involved
    • Tools to stay abreast of the latest legislative and procedural changes to remain compliant and be ready for examinations
    • How can an investigation be used to the company's best advantage?
5:15
Co-Chair's Closing Remarks Conference Adjourns for the Day

Day 2: Thursday, Nov. 17, 2011

7:30
Registration and Welcome Breakfast
8:30
CREDIT UNIONS: Breaking through the Shackles of Provincial Boundaries to Nurture Growth and Expansion: Sunrise Seminar
  • Richard Dale
    Director
    Regulatory Affairs DICO (Deposit Insurance Corporation of Ontario)
  • Brigitte Goulard
    Vice President
    Policy Credit Union Central of Canada
  • Philippe E. Sarfati
    Chief Risk Officer
    Coast Capital Savings
Credit unions are on the precipice of entering the federal arena with the proposed changes to the Bank Act. Get the necessary tools to leverage opportunities available under the federal charter option and compete with other FIs in the Canadian market.
  • Taking advantage of the significant opportunities available under the federal charter option:
    • Update on the status of the proposed amendments to the Bank Act
    • Teasing out key governance issues, including organization, membership, issuance of shares, and others
    • Incorporation or continuance for Federal credit unions: Conducting a risk/benefit analysis to make an informed choice
  • New developments from the CUCC:
    • Policy priority update: Advocacy and direct engagement initiatives as part of the Crown Financial Institution Strategy
    • Increasing your CSR profile through the Credit Union social responsibility InfoHub
  • Best practices: Keeping pace with the Big 5, while operating within the realities of smaller organizations
  • Reaping the rewards of customer satisfaction and retention by adherence to the voluntary code of practices
  • Knowing when to ask for help: Assistance with stabilization and supervision to face financial and other difficulties head on
  • Establishing an internal check-list for painless audits
  • Case Study: Developing a sustainable business model for continued growth at the community level and advancements in lending to small and medium-sized businesses - Tracking the recent record growth of Coast Capital Savings
  • Q&A with the Panelists
9:00
Coffee Served
9:30
Opening Remarks from the Co-Chairs
9:45
Analyzing the Effect on Canadian FIs of New International Legislative Compliance Requirements
By the time the Foreign Accounts Tax Compliance Act provisions take effect in January 2013, every foreign financial institution must enter into an information-sharing agreement with the IRS. How will FATCA and other international legislative initiatives affect Canadian FIs? In this session, you will learn what changes to make to your internal processes and the technology needed to stay compliant.
  • What is on the horizon for regulatory compliance for FIs across international borders?

Key International Statutes: Discharging Compliance Obligations

Peter Dent
Partner, National Practice Leader, Forensic & Dispute Services
Financial Advisory, Deloitte & Touche LLP

James Klotz
Partner
Miller Thomson LLP

  • Dodd-Frank Act: Gauging the effect on Canadian institutions of this omnibus financial reform law
    • Overview of the legislative provisions
    • Guarding against the potential for increased power by the SEC to reach across borders
    • Challenging the ban on references to credit ratings to facilitate the adoption of Basel III, the new international capital and liquidity standards
  • Monitoring the increasing presence of Canadian FIs in the U.S. market: What are the hallmarks of a successful and compliant entry into the U.S.?
  • Comparison of domestic and foreign anti-bribery/anti-corruption statutes: What do they mean to Canadian regulated entities?
    • What are the implications of the move towards relaxation of burdensome elements in the UK Bribery Act?
  • Q&A with the Panelists

FATCA: An Overview of the Provisions and the Impact on FIs

John M. Staples
Burt‚ Staples & Maner LLP

Ann Noges
Director, Tax Advisory Group
RBC Taxation, Royal Bank of Canada

  • FATCA, the U.S. Foreign Account Tax Compliance Act: How will your business practices be impacted?
    • Overview of the requirements under FATCA to set the baseline
    • What is the expected scope and effect of the legislation?
    • Practical implementation tools and compliance guidelines
    • Strategies for compliant client identification: Defining the parameters of the extensive information requirements and knowing what must be disclosed to the IRS to preserve open access to U.S. markets
    • The future of FATCA: Lobbying efforts by Canada and internationally to reduce the law's substantial administrative burden
    • Managing the impact on smaller banks: What are your options in the reality of insufficient funds or staff to comply?
10:45
Networking Refreshment Break
12:00
Networking Luncheon for Delegates and Speakers
1:15
Banking Track
1:15 Transitioning into the New Framework of Capital Adequacy Standards and Managing Liquidity Risk
  • Blair W. Keefe
    Partner
    Torys LLP
  • Rosemary Zigrossi
    Director
    Promontory Financial Group Canada ULC
Now that the final text of the Basel III rules has been released, how will the new rules impact mergers and acquisitions and the capital markets activities of Canadian institutions? The new rules require Deposit Taking Institutions to maintain higher minimum levels of capital, to improve the quality of their capital and impose a new leverage constraint, in addition to two new liquidity standards. Learn what is required to remain compliant as the new standards are phased in.
  • Reviewing the eff ects of recent trends in capital adequacy, and what is on the horizon from OSFI
  • Considering the impact of all non common capital instruments which contain features that
  • Understanding the Basel III Framework and how it is designed to raise the level of high-quality capital in the banking system and reduce unstable funding structures:
    • Making sense of the Basel Committee's comprehensive quantitative impact study: What is the net take away?
    • Overview of the new guidelines, including the provisions for higher and better-quality capital, better risk coverage, the introduction of a leverage ratio as a backstop to the risk-based requirement, and measures to promote the build up of capital
    • Guidelines to operate effi ciently under the two new global liquidity standards
  • Where do the transitional arrangements, such as phase-in deductions and grandfathering provisions, fit?
  • How is ICAAP (Internal Capital Adequacy Assessment Process) applicable to deposit-taking institutions in light of Basel III?
    • What is the scope of the ICAAP?
    • Managing the expectations for an institution's ICAAP, with a focus on comprehensive assessment of risk
  • Case Study: Step-by-step guide to combating a liquidity crisis
1:15
Insurance Track (NOTE: This track will not be available during the live webcast)
2:15 Networking Refreshment Break
2:30 Identifying Emerging Trends and Clearing Compliance Hurdles in the Payment Card Industry
Moderator:
  • Ted Wilby
    Senior Director‚ Associate General Counsel
    Capital One Canada
  • Sharissa Ellyn

    Blake Cassels & Graydon LLP
  • Jeffrey P. Roode
    Counsel
    Bennett Jones LLP
The PCI has seen an unprecedented amount of change and uncertainty recently, coupled with a substantially more aggressive regulatory arena. FIs need to respond with a commensurate amount of vigour. This session will provide you with a solid understanding of how the latest developments in this industry will impact your business, and how to effectively meet implementation challenges.
  • Adopting risk management strategies and compliance procedures while meeting and exceeding consumer protection obligations
  • What to expect from the FCAC
    • in monitoring compliance with the Code of Conduct for the Credit and Debit Card Industry; and
    • oversight of the Payment Card Networks Act
  • Compliance with the Credit Business Practices Regulations & amended Cost of Borrowing Regulations
  • Lessons learned from enforcement activities by the FCAC
  • How to address FCAC clear & plain language expectations for payment cards
  • Influence of the Payments System Task Force on the payment card industry
  • Assessing the fall out from the Competition Bureau with respect to Visa and MasterCard
  • Leveraging customer information without breaching privacy legislation
  • What can be anticipated for future PCI regulation?
1:15 Managing the Impact of Recent Regulatory and Legislative Changes on the Administration of Insurance
  • Douglas W. Brooks
    President and CEO
    AEGON/Transamerica Canada
  • Jill E. McCutcheon
    Partner
    Blaney McMurtry LLP
  • Legislative update: Overview of key new and anticipated federal and provincial proposals
  • Practical guidelines to meet OSFI's enhanced oversight of reinsurance agreements
    • Addressing the unique challenges accompanying each of Guideline A, Minimum Continuing Capital and Surplus Requirements; Guideline B-3, Unregistered Reinsurance; and Guideline D-1A, Annual Disclosures
    • Analyzing key changes between the Guideline and the Guidance
    • Developing and implementing a solid and comprehensive reinsurance risk management policy (RRMP) to reflect changing market conditions
    • Establishing protocols in a cost-eff ective and timely fashion for adherence to the implementation timetable
  • Bancassurance trends: Increasing efficiencies between banks and insurers for compliant co-existence
    • What are the limitations, including with respect to internal transfer of information?
  • Selling in a rapidly advancing technological world: Instituting procedures and safeguards to integrate new technologies
  • Strategic Plan for FSCO: Overview of the annual priorities and initiatives to meet changing economic and marketplace conditions
    • Leveraging risk based delivery
    • Fostering a coordinated national approach to regulatory issues
    • Continuous service improvement
    • Long term initiatives for auto insurance reform
    • Considering the prospect of administrative penalties in insurance and their effect
    • Preparing for the market conduct review of suitability of product recommendations
    • Enhanced risk based regulation for pension plans
    • Increasing compliance for key players in mortgages
2:15 Networking Refreshment Break
2:30 Moving Towards Standardization and Future Trends for Outsourcing to Managing General Agents
  • Guidelines for evaluating MGAs:
    • Guidelines to assess reputation, profitability and reliability of MGAs
    • Instructing your Agency force to identify the most appropriate MGA
    • Maximizing the synergies between brokers and MGAs to increase productivity
    • Special considerations for Life insurance versus Accident and Sickness carriers: Are the higher premium volume and increased production targets of Life carriers squeezing out smaller MGAs, and what is the effect on competition?
    • How will increased acquisitions and consolidation of MGAs affect insurers?
    • Is the slow pace of industry-wide technological advances detrimentally affecting profits, and how can an MGA counteract those effects?
    • Growing the future of business development: How to recruit, hire and train new staff from the shrinking pool of talent?
  • CCIR's initiatives to overhaul the MGA model of insurance distribution: Anticipating the effects of change to the 30-year old system
    • Highlights from the CCIR "issues paper"
    • Preparing for heightened regulatory oversight in the system, including review of contracts between MGAs and carriers, and who is responsible for the actions of advisors
  • Overview of the anticipated BC final regulations in regulating MGAs: What can be learned from the pacific region?
3:30
Conference Wrap-up and Networking Co-Chair's Closing Remarks Conference Concludes

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