Canadian Lawyer InHouse

April/May 2021

Legal news and trends for Canadian in-house counsel and c-suite executives

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Page 2 of 43 1 EDITOR'S DESK Both SNC-Lavalin and Enbridge can teach the rest of us an essential lesson for our times: Don't let a crisis go to waste. Learning from pre-pandemic crises C OVID-19 has made us all crisis managers. As we slowly emerge from the pandemic, we share a sense of communal trauma that can provide many lessons for the future. Yet, many institutions have been dealing with crises for much longer, which can offer lessons for us all today. Hobbled for years by corruption allegations and a political scandal, SNC-Lavalin is forging ahead on a new path. The Montreal-based global construction giant has implemented an international integrity program to prevent, detect and respond to any situation contrary to company values. "The landscape is changing, and how we work is changing with much more remote work, so we have to be adaptable and conduct continuous risk assess- ments," says Charlene Ripley, executive vice president and general counsel at SNC-Lavalin (p. 28). "Our program is consistent across the organization, and we use different types of internal controls to attack the various types of potential risks." While this program will likely prevent scandals, it should also give the company a competitive edge when bidding on international contracts. SNC-Lavalin's approach provides a template for other companies that face business crime risks as the pandemic dust settles. Alberta's oilpatch has also known crisis management since well before COVID- 19. "There has already been intense pressure on the industry for several years for sustainability, emissions reduction, workplace safety and proper engagement with Indigenous communities," says Stephanie Stimpson, a partner in the Calgary office of Torys LLP (p. 26). These long-simmering crises have forced Canadian energy companies to take environmental, social and governance goals seriously, giving them a competitive edge over companies in other locations looking for investors. "If you're not considered one of the best in your industry in terms of ESG, access to capital is going to get more and more difficult because the capital providers — whether they be on the debt or equity side — are going to become much more discerning about where they put their money," says Bob Rooney, executive vice president and chief legal officer at Enbridge (p. 26). Both SNC-Lavalin and Enbridge can teach the rest of us an essential lesson for our times: Don't let a crisis go to waste. If you play the long game, it will give you a competitive edge. Tim Wilbur, Editor-in-Chief EDITORIAL Editor-in-Chief Tim Wilbur Lead Writer Lucy Saddleton Production Editor Patricia Cancilla Writer Elizabeth Raymer Writer Zena Olijnyk Writer Aidan Macnab Writer Bernise Carolino CONTRIBUTORS Amanda Branch, Cheryl Foy ART & PRODUCTION Art Director Marla Morelos Customer Success Manager Amie Suttie Global Production Manager Alicia Chin (on leave) Production Co-ordinators Kat Guzman, Loiza Razon SALES & BUSINESS DEVELOPMENT VP, Media & Client Strategy Dane Taylor Senior Business Development Manager Steffanie Munroe Business Development Manager Lynda Fenton National Account Executive Abhiram Prabhu CORPORATE President Tim Duce Events and Conference Manager Chris Davis Chief Information Officer Colin Chan Human Resources Manager Julia Bookallil Global CEO Mike Shipley Global COO George Walmsley EDITORIAL INQUIRIES SUBSCRIPTIONS CO-ORDINATOR Donnabel Reyes tel: 647 374 4536 ext. 243 ADVERTISING INQUIRIES Canadian Lawyer InHouse is published 6 times a year by Key Media Canada (Law) Ltd. KEY MEDIA and the KEY MEDIA logo are trademarks of Key Media IP Limited, and used under licence by Key Media Canada (Law) Ltd. CANADIAN LAWYER INHOUSE is a trademark of Key Media Canada (Law) Ltd. All rights reserved. Contents may not be reprinted without written permission. The opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Canadian Lawyer InHouse disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reliance upon information in this publication. Publications Mail Agreement #41261516 ISSN 0703-2129 ©2021 GST/HST Registration #799898465 RC-0001 RETURN UNDELIVERABLE CANADIAN ADDRESS TO: CIRCULATION DEPARTMENT 20 Duncan St., 3rd Floor, Toronto, ON, M5H 3G8 Key Media Canada (Law) Ltd 20 Duncan St., 3rd Floor Toronto, Ontario M5H 3G8 tel: +1 416 644 8740 ISSUE 16.02 | APRIL/MAY 2021

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