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CCCA_V4No4_Dept-Ethics-FIN.qxd:CCCA_V1No2_Dept-CourtLeg-V1.qxd 10/28/10 3:02 PM Page 14 Ethics “ In most companies is generally consistent.All require that been practical in their approach by not requiring that the compliance role be sep- a senior officer, with an adequate around the world, separating arate from legal, or any other function in level of autonomy,direct access to the the two roles is simply board of directors or other oversight the organization. Such requirements have body, and appropriate resources, be generally only arisen in the context of ” ethics. Even so, the regulators have compliance programs be “effective and not practical. responsible for compliance and specific cases, such as the Pfizer case. The important thing is that ethics and robust.” Many factors contribute to their success; the compliance functional orga- nizational chart is only one of them. And in most companies around the world, separating the two roles is simply not practical. In some organizations, this structure is warranted to ensure adequate resources are assigned to ethics and com- pliance, to preserve the ever eroding concept of privilege as it relates to the legal role, or even to ensure the compli- ance officer has the necessary skill-set (though most agree that a compliance officer with a legal background can be very helpful). Still, a greater number of smaller com- panies simply lack the resources to hire a new officer to manage the program. CORPLINK Combining the two positions allows them to meet their compliance obligations. CANADA’S MOST ADVANCED RECORDS Ultimately, true compliance is about MANAGEMENT SOFTWARE carrying out an effective program. Companies should be asking themselves whether the right issues are being Improve office efficiency and productivity with brought to the attention of the board of CorpLink, Canada’s most advanced records management software. Designed by law clerks and directors and whether the company is lawyers, CorpLink combines sophisticated reporting responding appropriately to compliance tools and the most comprehensive forms library on breaches. What matters is not the shape the market – all in one easy-to-use software package. of the organizational chart but the com- It’s all designed to help you quickly, conveniently, and pany’s ability to match its business prac- accurately generate billable activities. tices to its compliance message. The views expressed are those of the author Experience the CorpLink advantage and do not represent the views of McCain Call Toll-Free 1-800-267-0183 Option 4, Foods Limited (or its affiliates). in Toronto 416-306-3087 or email sales@cyberbahngroup.com Visit www.cyberbahngroup.com Christa C.Wessel B.A., LLB., C.Dir. is the chief legal PAUL EEKHOFF officer at McCain Foods Limited. 14 CCCA Canadian Corporate Counsel Association WINTER 2010