Bulletin on Corporate Compliance Programs

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Part III - Fostering a Culture of Compliance

Policies, procedures and training are, on their own, insufficient to ensure compliance. To be effective, all policies, procedures and training must be part of a larger culture that instills compliance as a fundamental value.

Fostering a culture of compliance must start at the top. Senior management must set the tone and recognize that it is part of their leadership role to ensure compliance with the law and with any court order imposed on their business.

While senior management is accountable for ensuring compliance, the responsibility may be delegated by designating a person (compliance officer or other appropriately titled position) to implement an effective and credible program (including training, monitoring and overseeing a reporting system for complaints and misconduct). Employees also have a key role in the implementation of a successful program because they are, in effect, responsible for the day-to-day operations of the business. A business may consider asking employees who are in a position to potentially engage in, or be exposed to, conduct in breach of the Acts to certify in writing that they have read and understand the company’s program, including its policies and procedures.¹⁵

As noted above, it is recognized that a credible and effective program must be tailored to a business’ situation and may vary according to its resources. A smaller business might not have the resources to implement an elaborate program, it can nonetheless foster a culture of compliance through less resource-intensive actions, for example, by educating its employees about the law and the consequences of non-compliance.

¹⁵ See Appendix B - Certification letter.