What are Regulatory Offences?
We live in a highly regulated society. Almost every activity, business, and industry is regulated by our government. Regulatory offences arise from non-compliance or breaches of the rules of lawful, regulated activities. Compliance management plays a crucial role in navigating these regulatory issues. Regulatory offences may be investigated by federal, provincial, or municipal agencies and governments.
For example, the Occupational Health and Safety Act and its regulations have the goal of making workplaces in Ontario safe. If a worker is injured in Ontario or if a company has failed to meet safety standards, both individuals and corporations can be prosecuted. Penalties for non-compliance or breaches can include significant financial penalties and jail, either of which could jeopardize your business and reputation.
You should seek immediate legal assistance if you believe that you or your company is being investigated for regulatory offences or breaches of your industry’s regulations. While not criminal offences, regulatory offences share the same procedures for prosecution and can often include the same penalties as criminal offences, such as period of imprisonment, fines, probation orders, and victim-fine surcharges. Regulatory offences differ significantly from criminal offences in that the prosecution is often only required to prove that an incident happened, whether it was intentional or not. The onus often shifts to the company or individual to prove that, despite the occurrence of the incident, it exercised due diligence.
Regulatory Compliance Lawyers for Ontario
The risk of imprisonment aside, there are numerous reasons to consult with a lawyer if you are being investigated by a regulatory agency. There can be complex procedural and evidentiary issues that you and your company should not navigate without the assistance of a lawyer. Investigators can execute search warrants at your company’s office, obtain production orders for records from your financial institutions and business partners, and seek to interview your employees and clients. In order to successfully defend against a prosecution, you or your company may be required to prove due diligence and demonstrate that all reasonable steps were taken to prevent an offence.
The lawyers at Damien Frost & Associates LLP are experienced regulatory compliance defence lawyers in Toronto, familiar with the investigation and prosecution of regulatory offences. We can help you protect your business and reputation, whether you are currently being investigated or you are looking to ensure that day never comes. We often provide strategic advice and assistance to individuals and organizations, including owners, officers, and directors on the following areas:
- Regulatory and quasi-criminal offences
- Risk assessment and compliance
- Investigations, search warrants, and production orders
- Due diligence (due diligence audits)
- Legal Advice for Officers, Directors, and Corporations
Regulatory Investigations and Defence Lawyers
You should not wait for, or simply react to a regulatory investigation. The best way to protect your company and reputation is to take steps before a regulatory investigation occurs. In many cases, there does not have to be any intentional or bad conduct to trigger an investigation. Some regulatory investigations are triggered by virtue of an act occurring beyond your control. The best defence to any regulatory investigation is to have proof that you and your company exercised due diligence.
The regulatory lawyers at Damien Frost & Associates LLP are here to assist you in auditing your company’s due diligence systems, which are intended to prevent the occurrence of any non-compliance or regulatory offence in Toronto or Ontario. If you are being investigated as a result of a breach or incident, it will be too late to start working on a due diligence plan. Systems and procedures must be in place prior to any incident of non-compliance. If you or your company does not have a system in place, let us help you determine what steps can be taken to protect you.
We Know Regulatory Offences and Prosecutions
The lawyers at Damien Frost & Associates LLP used to prosecute criminal, quasi-criminal and regulatory offences. For years, our lawyers represented federal regulatory agencies and led complex investigations and prosecutions into serious regulatory offences across Ontario on behalf of the Public Prosecution Service of Canada. We are in a unique position to offer our experience as former prosecutors to help put forward your best defence. The best way to understand your legal options and how to respond to regulators is to think like one. Being able to anticipate the steps a regulator may take against you is the best way to be proactive and set yourself or your organization up for success.
As former prosecutors, we understand the challenges that you or your organization may face when responding to allegations of non-compliance or regulatory prosecutions. We can help you navigate each step of your matter and provide comprehensive legal advice and representation. Let us use our relationships and experience, built over the past decade, to your benefit.
Contact Us For Your Free Consultation.
Our lawyers have extensive knowledge and insight into the investigation and enforcement of regulatory offences. Whether you operate a small business or a multinational corporation, regulatory investigations and proceedings can significantly impact your business. Even if you are not the target of a regulatory investigation or prosecution, the decisions you make with respect to risk assessment and compliance can make or break your business. We provide businesses with legal advice and strategies to ensure compliance with federal, provincial, or other regulatory bodies. Being proactive is the best way to ensure that your business complies with regulations. Non-compliance with regulations and applicable laws can cause serious harm to your reputation and business.
As experienced litigators, we defend businesses and individuals from serious and complex regulatory prosecutions, such as offences under the Provincial Offences Act, Occupational Health and Safety Act, and others. Don’t wait for incidents of non-compliance to occur. Contact the lawyers of Damien Frost & Associates LLP for a free consultation to discuss your due diligence and compliance programs.
