How to Deliver Cross-Border Compliance in Large Organisations

Can you tell us a little about your roles as General Counsel and privacy and compliance officer at Qualico and how they intersect?

As General Counsel I oversee Qualico’s law department, reporting to President and Chief Executive Officer Kevin Van. As a practising lawyer I provide advice across multiple areas of law. This varies from corporate and commercial law, real estate law, labour and employment law, all areas of litigation, and immigration law. I primarily advise the President and CEO along with other senior executives. As part of the management team, I incorporate legal obligations into the management decisions that the corporation makes on a daily basis. As General Counsel my legal role extends to also include the role of privacy and compliance officer. I ensure that Qualico functions within privacy laws and complies with regulatory compliance. These roles seamlessly interact with each other because within my role as General Counsel I monitor legislation and regulations relevant to the corporation. This includes privacy legislation and regulatory requirements.

As Qualico operates in both Canada and the US, how does this international aspect impact your work?

I am required to keep up to date with legal changes throughout Canada’s western provinces and have key relationships with outside legal counsel in these cities. We also have offices in Texas and have been growing successfully in the US since launching in that region. The legal systems in Canada and the US are of course different. This requires me to have strong connections with US attorneys to ensure that we comply with the jurisdictional differences that arise in our business.

What are the key national and state-level regulations that must be observed as part of Qualico’s work?

The key areas of regulation fall under financial transactions, privacy legislation, health and safety laws, human resource services and competition laws. These can fall under federal and provincial jurisdiction in Canada, and at the federal and state level in the US. As a corporation handling large value transactions, we must monitor financial transactions to ensure that we are complying with anti-money laundering and anti-terrorist financing requirements. We also must comply with privacy legislation and ensure that we use and protect personal information correctly. We must ensure that we follow the requirements of anti-spam legislation and follow each country’s competition laws.

Health and safety law also differs within each jurisdiction that we operate in and is vital for a successful real estate company that specialises in every aspect of this industry. Qualico is a fully integrated real estate company that does everything from purchasing and developing land to providing materials and managing our extensive commercial portfolio. People are key to any corporation’s success and finding and retaining the right people has always been important to Qualico. Our human resource specialists and Safety Officers located in every jurisdiction that we operate in are vital to Qualico’s continued success.

I am required to keep up to date with legal changes throughout Canada’s western provinces and have key relationships with outside legal counsel in these cities.

Can you tell us about compliance failures that most commonly occur in multinational companies?

When a corporation operates across national and international borders it is important to monitor jurisdictional differences in these key compliance areas and ensure that any differences are addressed. The different requirements for document execution, identification verification and real estate closings are the most common issues that arise in our experience. It is important that documents and instructions are interpreted under the proper “lens” for the country involved. It is also important to keep up to date with changing areas of the law and frequently review corporate policies and practices to ensure that they are compliant with the law.

How did you and your team work to ensure adequate compliance across the organisation’s multi-jurisdictional locations?

Communication is so important with a corporation the size of Qualico. The senior executive team are in constant communication with each other and are excellent at identifying what needs to be discussed and how to deal with issues as they arise. We have a great team that know the business and can ensure that – no matter what we may encounter – we continue to develop a quality and relevant product that the public has come to expect from the Qualico brand. Qualico has a Corporate Support Services team that aids in providing the technological tools required to properly capture and share relevant information across its operating system integral to daily operations, which assists with ensuring confidential information is not wrongfully disseminated while minimising the risk of human error.

Is there a particular piece of advice that you would give to the General Counsel of another multinational real estate business?

The key to being a successful General Counsel is knowing the business you are in and working closely with the other senior executives. General Counsel is a unique role that incorporates both providing legal advice and making management decisions. Having a sound knowledge of the law is only one aspect of the role. Depending on the size of the corporation and the legal team, the General Counsel sometimes does not actively practice law but is more involved in the management decisions. It is important for the President or CEO of any corporation to have access to legal advice in every decision that they are making.

I would advise other General Counsel to spend time learning the business and market that they are in. By understanding the business, you can combine legal and management advice relevant to the corporation. It is also important to have contacts with outside legal counsel and other professionals in each jurisdiction that your corporation operates to ensure you are up to date with what is happening on the ground. This can often differ from what you read and is vital to providing relevant advice to your senior executive team. The General Counsel role has evolved from drafting contracts and advising on legal matters to a strategic position at the decision-making table. This requires a distinct set of skills separate from those traditionally associated with a lawyer. General Counsel is a rewarding and challenging role for those who enjoy making decisions that reach beyond the legal sphere to include financial, management and risk forecasting decisions.

Alison McCullough-Butchart, General Counsel

Qualico Developments Canada Ltd

1 Dr. David Friesen Drive, Winnipeg, MB R3X 0G8

Tel: +1 204-255-9777

E: amcculloughbutchart@qualico.com

Alison McCullough-Butchart

I am General Counsel at Qualico. Our head office is in Winnipeg, Manitoba, with offices across Western Canada and Texas, USA.

Qualico is an industry-leading integrated real estate company operating in eight cities with nearly 2,000 employees across North America. Established in Winnipeg in 1951, we have years of long-term expertise, trusted financial partnerships and a strong mix of diversified business verticals: single-family and multi-family homes, community and commercial development, building materials supply and services, build-to-sell projects and property management.