AGENDA - Audit Committee - 20180327
Audit Committee
Meeting Agenda
Tuesday, March 27, 2018
6:15 p.m.
Council Chambers
Aurora Town Hall
Public Release
March 20, 2018
Town of Aurora
Audit Committee
Meeting Agenda
Tuesday, March 27, 2018
6:15 p.m., Council Chambers
1.Approval of the Agenda
Recommended:
That the agenda as circulated by Legislative Services be approved.
2.Declarations of Pecuniary Interest and General Nature Thereof
3.Delegations
(a)Andrea Nauss, Manager, BDO Canada LLP
Re: Item R1 – FS18-010 – 2017 Year End Audit Plan
4.Consideration of Items Requiring Discussion
1.FS18-010 – 2017 Year End Audit Plan
Recommended:
1.That Report No. FS18-010 be received; and
2.That the 2017 Year End Audit Plan as proposed by BDO Canada LLP, be
endorsed.
5.Adjournment
Town of Aurora
Audit Committee Report No. FS18-010
Subject: 2017 Year End Audit Plan
Prepared by: Dan Elliott, Director of Financial Services - Treasurer
Department: Financial Services
Date: March 27, 2018
Recommendation
1. That Report No. FS18-010 be received; and
2. That 2017 year-end Audit Plan as proposed by BDO Canada LLP be endorsed.
Executive Summary
In accordance with the Audit Committee Terms of Reference, the Audit Committee is
responsible to “review the audit plan and audit fee schedule for the ensuing year end”.
Staff recommend that the Audit Committee endorse the 2017 year end audit plan as
presented.
Background
Attached (Attachment 1) for the Audit Committees’ review and endorsement is the Town’s
2017 fiscal year end audit plan as prepared by the firm of BDO Canada LLP (BDO).
Representatives from BDO Canada LLP will be in attendance in order to review the details
of its proposed 2017 year end audit plan.
Analysis
2017 Year End Audit Plan
Attached is a report prepared by BDO that addresses the audit plan for the 2017 fiscal
year end, including the scope and approach to their audit. Staff are not in a position to
comment or challenge the approach that the auditors have chosen in order to fulfil their
professional obligations required when rendering an audit opinion report. From the
perspective of the Financial Services group, we continue to be committed to the provision
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March 27, 2018 Page 2 of 4 Report No. FS18-010
of any requested documentation to the auditor in a prompt fashion in an effort to facilitate
their audit in a timely manner.
Audit fees are always quoted on the presumption that staff will have completed all
requested schedules and support materials in advance of the audit, and that the financial
statements and associated notes have been properly and fully prepared by staff. The fee
also anticipates not finding any item of substance requiring extensive additional audit
effort to resolve or report.
The auditors are required to review all Council minutes, including closed session minutes.
They are also required to review the prior year’s internal control letters and consider any
concerns raised therein during their current audit, looking for continuing circumstances,
weaknesses or concerns as raised in the prior year, and how such may affect the outcome
of their current audit, and the opinion to be expressed therefrom.
Legal Considerations
The annual audit is a statutory requirement, and is guided by professional standards
applicable to all Canadian licensed audit practitioners.
Financial Implications
The cost for this final audit has been provided for within the 2017 budget, as the audit
relates to the 2017 fiscal year. The applicable audit fees have been fully accrued as
2017 expenses.
An amount of $40,900 has been budgeted for the 2017 audit with anticipated fees of
$29,750 for the audit of the consolidated financial statements, excluding administration
charges and taxes. Additional audit expenses from this budget may include independent
actuarial valuations separately commissioned by staff.
Communications Considerations
In accordance with the Municipal Act, 2001, S.O.2001, c25, Section 295, the Town’s
2017 audited financial statements will be published on the Town’s website. Also, the
auditor will report back to the Audit Committee as to it findings arising from its audit.
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March 27, 2018 Page 3 of 4 Report No. FS18-010
Link to Strategic Plan
Preparation and publication of the annual audited financial statements supports the
Strategic Plan principles of integrity, progressive corporate excellence and continuous
improvement.
Alternative(s) to the Recommendation
1. The Audit Committee may wish to commission the auditors to undertake any special
reviews or additional works, however these will incur additional professional fees, for
which budget funding will be required.
Conclusions
The audit committee has been presented with the town’s external auditor’s proposed
2017 year end audit plan for its review and endorsement. Staff recommend that Council
endorse the proposed audit plan as presented.
Attachments
Attachment #1 - 2017 Year-End Auditor’s Reporting Package for Council
Previous Reports
Nil
Pre-submission Review
Agenda Management Team review on March 1, 2018
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Audit Committee Meeting Agenda Tuesday, March 27, 2018Item 1 Page 4 of 33
The Corporation of the Town of
Aurora
Planning Report to the Audit Committee
March 27, 2018
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THE CORPORATION OF THE TOWN OF AURORA 3
TABLE OF CONTENTS
Terms of Reference 4
Independence 4
Audit Team 5
Responsibilities 6
Audit Strategy 7
Materiality 8
Risks and Planned Audit Response 9
Fraud Discussion 10
Reliance on Experts 12
Audit Timing 13
Fees 14
BDO Resources 15
Appendix A – Engagement Letter
Appendix B – Independence Letter
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THE CORPORATION OF THE TOWN OF AURORA 4
TERMS OF REFERENCE
Our overall responsibility is to form and express an opinion on the financial statements. These
financial statements are prepared by management, with oversight by those charged with
governance. The audit of the financial statements does not relieve management or those
charged with governance of their responsibilities. The scope of our work, as confirmed in our
engagement letter (as set out in Appendix A), and a summary of our proposed fees are set out
below.
ENGAGEMENT OBJECTIVES
• Forming and expressing an audit opinion on the consolidated financial statements.
• Present significant findings to the Audit Committee including key audit and accounting
issues, any significant deficiencies in internal control and any other significant matters
arising from our work.
• Provide timely and constructive management letters. This will include deficiencies in
internal control identified during our audit.
• Consult regarding accounting, income taxes and reporting matters as requested throughout
the year.
• Work with management towards the timely issuance of consolidated financial statements.
INDEPENDENCE
At the core of the provision of external audit services is the concept of independence.
Canadian generally accepted auditing standards require us to communicate to the Audit
Committee at least annually, all relationships between BDO Canada LLP and its related entities
and Client and its related entities, that, in our professional judgment, may reasonably be
thought to bear on our independence for the forthcoming audit of the Municipality. Refer to
Appendix B.
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THE CORPORATION OF THE TOWN OF AURORA 5
AUDIT TEAM
In order to ensure effective communication between the Audit Committee and BDO Canada
LLP, the contact details of the engagement team are outlined below.
Name Role
Years on
engagement
Phone
number Email address
Giselle Bodkin, CPA, CA Engagement
Partner
5 Years 705-726-6331
x 8510
gbodkin@bdo.ca
Andrea Nauss, CPA, CA Assurance
Senior Manager
4 years 705-726-6331
X 8555
anauss@bdo.ca
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THE CORPORATION OF THE TOWN OF AURORA 6
RESPONSIBILITIES
It is important for the Audit Committee to understand the responsibilities that rest with the
Municipality and its management, those that rest with the external auditor and the
responsibilities of those charged with governance. BDO’s responsibilities are outlined within
the annual engagement letter attached as Appendix A to this letter. The oversight and
financial reporting responsibilities of management and the Audit Committee are summarized
below.
MANAGEMENT’S RESPONSIBILITIES
• Maintain adequate accounting records and maintain an appropriate system of internal
control for the Municipality.
• Select and consistently apply appropriate accounting policies.
• Prepare the annual consolidated financial statements.
• Safeguard the Municipality’s assets and take reasonable steps for the prevention and
detection of fraud and other irregularities.
• Make available to us, as and when required, all of the Municipality’s accounting records
and related financial information.
AUDIT COMMITTEE’S RESPONSIBILITIES
• Oversee the work of the external auditor engaged for the purpose of issuing an
independent auditor’s report.
• Facilitate the resolution of disagreements between management and the external auditor
regarding financial reporting matters.
• Pre-approve all non-audit services to be provided to the Municipality or its subsidiaries by
the external auditor.
• Review the consolidated financial statements before the Municipality publicly discloses this
information.
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THE CORPORATION OF THE TOWN OF AURORA 7
AUDIT STRATEGY
Our overall audit strategy involves extensive partner and manager involvement in all aspects of
the planning and execution of the audit and is based on our overall understanding of the
Municipality.
We will perform a risk based audit which allows us to focus our audit effort on higher risk areas
and other areas of concern for management and the Audit Committee.
To assess risk accurately, we need
to gain a detailed understanding of
the Municipality’s business and the
environment it operates in. This
allows us to identify, assess and
respond to the risks of material
misstatement.
To identify, assess and respond to
risk, we obtain an understanding of
the system of internal control in
place in order to consider the
adequacy of these controls as a
basis for the preparation of the
consolidated financial statements,
to determine whether adequate
accounting records have been
maintained and to assess the
adequacy of these controls and
records as a basis upon which to
design and undertake our audit
testing.
Based on our risk assessment, we design an appropriate audit strategy to obtain sufficient
assurance to enable us to report on the consolidated financial statements.
We choose audit procedures that we believe are the most effective and efficient to reduce
audit risk to an acceptable low level. The procedures are a combination of testing the
operating effectiveness of internal controls, substantive analytical procedures and other tests
of detailed transactions.
Having planned our audit, we will perform audit procedures, maintaining an appropriate
degree of professional skepticism, in order to collect evidence to support our audit opinion.
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THE CORPORATION OF THE TOWN OF AURORA 8
MATERIALITY
Misstatements, including omitted financial statement disclosures, are considered to be
material if they, individually or in aggregate, could reasonably be expected to influence the
economic decisions of users taken on the basis of the financial statements.
Judgments about materiality are made in light of surrounding circumstances and include an
assessment of both quantitative and qualitative factors and can be affected by the size or
nature of a misstatement, or a combination of both.
For purposes of our audit, we have set preliminary materiality at $2,250,000 for the
Municipality.
Our materiality calculation is based on the Municipality’s preliminary results. In the event that
actual results vary significantly from those used to calculate preliminary materiality, we will
communicate these changes to the Audit Committee as part of our year end communication.
We will communicate all corrected and uncorrected misstatements identified during our audit
to the Audit Committee, other than those which we determine to be “clearly trivial”.
Misstatements are considered to be clearly trivial for purposes of the audit when they are
inconsequential both individually and in aggregate.
We encourage management to correct any misstatements identified throughout the audit
process.
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THE CORPORATION OF THE TOWN OF AURORA 9
RISKS AND PLANNED AUDIT RESPONSES
Based on our knowledge of the Municipality’s business, our past experience, and knowledge
gained from management and the Audit Committee, we have identified the following
significant risks; those risks of material misstatement that, in our judgment, require special
audit consideration.
Significant risks arise mainly because of the complexity of the accounting rules, the extent of
estimation and judgment involved in the valuation of these financial statement areas, and the
existence of new accounting pronouncements that affect them. We request your input on the
following significant risks and whether there are any other areas of concern that the Audit
Committee has identified.
Management Override of Controls
Significant Risk Approach
• Management is in a unique position to
perpetrate fraud because of
management’s ability to directly or
indirectly manipulate accounting
records prepare fraudulent financial
statements by overriding controls that
otherwise appear to be operating
effectively.
• Our planned audit procedures test the
appropriateness of journal entries
recorded in the general ledger and
other adjustments made in the
preparation of financial statements.
• We will also obtain an understanding of
the business rationale for significant
transactions that we become aware of
that are outside the normal course of
operations for the Municipality, or that
otherwise appear to be unusual given
our understanding of the Municipality
and its environment. We will review
accounting estimates for biases and
evaluate whether the circumstances
producing the bias, if any, represented
a risk of material misstatement due to
fraud.
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THE CORPORATION OF THE TOWN OF AURORA 10
FRAUD DISCUSSION
Canadian generally accepted auditing standards require us to discuss fraud risk with the Audit
Committee on an annual basis. We have prepared the following comments to facilitate this
discussion.
Required Discussion
BDO Response
Question to Audit
Committee
Details of existing
oversight processes
with regards to fraud.
Through our planning process, and based
on prior years’ audits, we have
developed an understanding of your
oversight processes including:
• Audit Committee charters;
• Discussions at audit committee
meetings and our attendance at
those meetings;
• Review of related party
transactions; and
• Consideration of tone at the top
Are there any new
processes or changes
in existing processes
relating to fraud that
we should be aware
of?
Knowledge of actual,
suspected or alleged
fraud.
Currently, we are not aware of any
fraud.
Are you aware of any
instances of actual,
suspected or alleged
fraud affecting the
Municipality?
AUDITORS’ RESPONSIBILITIES FOR DETECTING FRAUD
We are responsible for planning and performing the audit to obtain reasonable assurance that
the consolidated financial statements are free of material misstatements, whether caused by
error or fraud, by:
• Identifying and assessing the risks of material misstatement due to fraud;
• Obtaining sufficient and appropriate audit evidence regarding the assessed risks of material
misstatement due to fraud, through designing and implementing appropriate responses;
and
• Responding appropriately to fraud or suspected fraud identified during the audit.
The likelihood of not detecting a material misstatement resulting from fraud is higher than the
likelihood of not detecting a material misstatement resulting from error because fraud may
involve collusion as well as sophisticated and carefully organized schemes designed to conceal
it.
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THE CORPORATION OF THE TOWN OF AURORA 11
During the audit, we will perform risk assessment procedures and related activities to obtain an
understanding of the entity and its environment, including the entity’s internal control, to
obtain information for use in identifying the risks of material misstatement due to fraud and
will make inquires of management regarding:
• Management’s assessment of the risk that the consolidated financial statements may be
materially misstated due to fraud, including the nature, extent and frequency of such
assessments;
• Management’s process for identifying and responding to the risks of fraud in the entity,
including any specific risks of fraud that management has identified or that have been
brought to its attention, or classes of transactions, account balances, or disclosures for
which a risk of fraud is likely to exist;
• Management’s communication, if any, to those charged with governance regarding its
processes for identifying and responding to the risks of fraud in the entity; and
• Management’s communication, if any, to employees regarding its view on business
practices and ethical behaviour.
In response to our risk assessment and our inquiries of management, we will perform
procedures to address the assessed risks, which may include:
• Inquire of management, the Audit Committee, and others related to any knowledge of
fraud, suspected fraud or alleged fraud;
• Perform disaggregated analytical procedures and consider unusual or unexpected
relationships identified in the planning of our audit;
• Incorporate an element of unpredictability in the selection of the nature, timing and
extent of our audit procedures; and
• Perform additional required procedures to address the risk of management’s override of
controls including;
o Testing internal controls designed to prevent and detect fraud;
o Testing the appropriateness of a sample of adjusting journal entries and other
adjustments for evidence of the possibility of material misstatement due to fraud;
o Reviewing accounting estimates for biases that could result in material
misstatements due to fraud, including a retrospective review of significant prior
years’ estimates; and
o Evaluating the business rationale for significant unusual transactions.
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THE CORPORATION OF THE TOWN OF AURORA 12
RELIANCE ON EXPERTS
In order for us to perform adequate audit procedures on certain financial statement areas, we
will be relying on the work of, and the report prepared by Dixon Actuarial Services Inc.
Canadian generally accepted auditing standards require us to communicate with the expert.
We propose to discuss the following with Dixon Actuarial Services Inc.:
• The objective and nature of our audit engagement and how we intend to use the expert's
findings and report.
• Our assessment of the significance and risk aspects of the engagement that will affect the
expert's work.
• The requirement to advise us if they have any relationship with the organization which
could impair their judgment or objectivity in the conduct of their engagement.
• The nature, timing and extent of the expert's work and our planned review of it, possibly
including review of their working papers.
• Confirmation that the assumptions used in their calculations are consistent with those used
in the prior periods and with industry standards.
• Their obligation to advise BDO Canada LLP of any matters up to the estimated audit report
date that may affect their calculations and their report.
We ask that the appropriate level of management review the data provided to Dixon Actuarial
Services Inc. and that they also review the assumptions used and results reported by the expert
for reasonableness.
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THE CORPORATION OF THE TOWN OF AURORA 13
AUDIT TIMING
The following schedule outlines the anticipated timing of the audit of the consolidated
financial statements of the Municipality.
Audit tasks and deliverables Dates
Planning visit and interim fieldwork commences January 2018
Final audit fieldwork commences April 2018
Present draft consolidated financial statements and final
report to the Audit Committee
June 2018
As part of the year-end audit committee meeting, we will provide the Audit Committee with a
copy of our draft audit opinion, discuss our findings, including significant estimates utilized by
management, accounting policies, financial statement disclosures, and significant transactions
completed during the year. We will also report any significant internal control deficiencies
identified during our audit and reconfirm our independence.
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THE CORPORATION OF THE TOWN OF AURORA 14
FEES
We estimate our fees for 2017 will be $29,750 for the audit of the consolidated financial
statements.
Our estimated fees are based on the time expected to complete the audit and excludes taxes,
out of pocket expenses, and internal administration fees and are based upon the following
assumptions:
• We will be provided with the requested audit schedules, working papers and descriptions of
accounting systems and processes as detailed in our annual requirements letter upon the
commencement of fieldwork;
• The (consolidation and) draft financial statements, including notes, are prepared to a
standard suitable for audit with all balances reconciled to the underlying accounting
records;
• There will be minimal adjusting journal entries; and
• The nature of the Municipality’s operations remain consistent with the prior year and there
have been no changes in accounting personnel.
In the event that we incur additional charges or we experience delays in completing the audit,
we will advise management.
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THE CORPORATION OF THE TOWN OF AURORA 15
BDO RESOURCES
BDO is one of Canada’s largest accounting services firms providing assurance and accounting,
taxation, financial advisory, risk advisory, financial recovery and consulting services to a
variety of publicly traded and privately held companies.
BDO serves its clients through 105 offices across Canada. As a member firm of BDO
International Limited, BDO serves its multinational clients through a global network of over
1,000 offices in more than 100 countries. Commitment to knowledge and best practice sharing
ensures that expertise is easily shared across our global network and common methodologies
and information technology ensures efficient and effective service delivery to our clients.
Outlined below is a summary of certain BDO resources which may be of interest to the Audit
Committee.
PUBLICATIONS
BDO’s national and international accounting and assurance department issues publications on
the transition and application of Public Sector Accounting Standards (PSAB). In addition, we
offer a wide array of publications on Accounting Standards for Private Enterprises (ASPE),
International Financial Reporting Standards (IFRS), and Accounting Standards for Not-for-Profit
Organizations (ASPNO).
For additional information on PSAB, including links to archived publications and model financial
statements, refer to the link below:
http://www.bdo.ca/en/library/services/assurance-and-accounting/pages/default.aspx.
TAX BULLETINS, ALERTS AND NEWSLETTERS
BDO’s national tax department issues a number of bulletins, alerts and newsletters relating to
corporate federal, personal, commodity, transfer pricing and international tax matters.
For additional information on tax matters and links to archived tax publications, please refer to
the following link: Tax Library | BDO Canada
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APPENDIX A
Engagement Letter
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Tel: 705-726-6331 BDO Canada LLP
Fax: 705-722-6588 300 Lakeshore Drive
www.bdo.ca Suite 300
Barrie, Ontario
L4N 0B4
Page 1 of 11
BDO Canada LLP, a Canadian limited liability partnership, is a member of BDO International Limited, a UK company limited by guarantee, and forms part of the international BDO
network of independent member firms.
March 27, 2018
The Corporation of the Town of Aurora
100 John West Way, Box 1000
Auroral, Ontario
L4G 6J1
Dear Sir/Madam,
We understand that you wish for us to continue as the auditors of The Corporation of the Town of
Aurora for its fiscal year ended December 31, 2017 and subsequent years.
We are pleased to continue as your auditors subject to the terms and conditions of this
Agreement, to which the attached Standard Terms and Conditions form an integral part. The
definitions set out in the Standard Terms and Conditions are applicable throughout this
Agreement. This Agreement will remain in place and fully effective for future years until varied
or replaced by another relevant written agreement.
Giselle Bodkin will be the Engagement Partner for all assurance work we perform for you. The
Engagement Partner will call upon other individuals with specialized knowledge to assist in the
performance of Services.
Our Role as Auditors
We will conduct our audit(s) in accordance with Canadian generally accepted auditing standards.
Those standards require that we comply with ethical requirements and plan and perform the
audit to obtain reasonable assurance about whether the consolidated financial statements
("financial statements") prepared in accordance with Canadian public sector accounting standards
are free from material misstatement. An audit involves performing procedures to obtain audit
evidence about the amounts and disclosures in the financial statements. The procedures selected
depend on the auditor's judgment, including the assessment of the risks of material misstatement
of the financial statements, whether due to fraud or error. Our audit also includes evaluating the
appropriateness of accounting policies used and the reasonableness of accounting estimates made
by you, as well as evaluating the overall financial statement presentation.
Because of the inherent limitations of an audit, together with the inherent limitations of internal
control, there is an unavoidable risk that some material misstatements, whether by fraud or
error, may not be detected, even though the audit is properly planned and performed in
accordance with Canadian generally accepted auditing standards.
In making our risk assessments, we consider internal control relevant to your preparation and fair
presentation of the financial statements in order to design audit procedures that are appropriate
in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of
your internal controls. However, we will communicate to you concerning any significant
deficiencies in internal controls relevant to the audit of the financial statements that we have
identified during the audit.
We will also communicate matters required by professional standards, to the extent that such
matters come to our attention, to you, those charged with governance and/or the board of
directors.
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Page 2 of 11
Reporting
Our audit will be conducted on the basis that the financial statements have been prepared in
accordance with Canadian public sector accounting standards.
Our independent auditor’s report will be substantially in the form set out in Canadian Auditing
Standard (CAS) 700. The form and content of our report may need to be amended in the light of
our audit findings. If we are unable to issue or decline to issue an audit report, we will discuss
the reasons with you and seek to resolve any differences of view that may exist.
Role of Management and Those Charged with Governance
You acknowledge and understand that you have responsibility for:
(a) the preparation and fair presentation of the financial statements in accordance with
Canadian public sector accounting standards. The audit of the financial statements does
not relieve you of your responsibilities;
(b) such internal controls as you determine are necessary to enable the preparation of
financial statements that are free from material misstatement, whether due to fraud or
error; and
(c) providing us with:
• access, in a timely manner, to all information of which you are aware that is relevant to
the preparation of the financial statements such as records, documentation and other
matters;
• additional information that we may request for the purpose of the audit;
• unrestricted access to persons within the entity from whom we determine it is
necessary to obtain audit evidence;
• financial and non-financial information (other information) that will be included in
document(s) containing financial statements and our audit report thereon prior to the
date of our auditor’s report. If it is not possible to provide all the other information
prior to the date of our auditor's report, you are responsible for provision of such other
information as soon as practicable; and
• written confirmation concerning representations made to us in connection with the
audit. If appropriate and adequate written representations are not provided to us,
professional standards require that we disclaim an audit opinion.
Financial Statement Services
We will obtain your approval, if during the course of our engagement we:
(a) prepare or change a journal entry; or
(b) prepare or change an account code or a classification for a transaction.
As agreed, we will provide assistance in the preparation of the financial statements.
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Page 3 of 11
These services create a threat to our independence. We, therefore, require that the following
safeguards be put into place:
(a) that you create the source data for all accounting entries;
(b) that you develop any underlying assumptions for the accounting treatment and
measurement of entries; and
(c) that you review and approve the draft financial statements, including the notes to the
financial statements.
Tax Services
Our audit is conducted primarily to enable us to express an opinion on the financial statements.
The audit process is not designed to provide us with a full understanding of your tax situation and
in particular, to allow us to determine whether the entity has specific tax compliance issues. We
understand that you are not looking to BDO to provide you with any guidance or advice in regard
to tax planning or compliance.
Additional Services
We are available to provide a wide range of services beyond those outlined in this Agreement. To
the extent that any additional services that we provide to you that are not provided under a
separate written engagement agreement, the provisions of this Agreement will apply to the
services.
Standard Terms and Conditions
A copy of our Standard Terms and Conditions is attached as Appendix 1. You should ensure that
you read and understand them. The Standard Terms and Conditions include clauses that limit our
professional liability.
Please sign and return the attached copy of this Agreement to indicate your agreement with it. If
you have any questions concerning this Agreement, please contact us before signing it.
It is a pleasure for us to be of service and we look forward to many future years of association
with you.
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Appendix 1 - Standard Terms and Conditions
1. Overview and Interpretation
1.1 This Agreement sets forth the entire agreement between the parties in relation to Services
and it supersedes all prior agreements, negotiations or understandings, whether oral or
written, with respect to Services. To the extent that any of the provisions of the
accompanying letter conflict with these Standard Terms and Conditions, these Standard
Terms and Conditions shall prevail. This Agreement may not be changed, modified or
waived in whole or part except by an instrument in writing signed by both parties.
1.2 In this agreement, the following words and expressions have the meanings set out below:
This Agreement – these Standard Terms and Conditions, the letter to which they are
attached, and any supporting schedules or other appendices to the letter
Services – the services provided or to be provided under this Agreement
We, us, our, BDO – refer to BDO Canada LLP, a Canadian limited liability partnership
organized under the laws of the Province of Ontario
You, your – the party or parties contracting with BDO under this agreement, including the
party’s or parties’ management and those charged with corporate governance. You and
your does not include BDO, its affiliates or BDO Member Firms
BDO Member Firm or Firms – any firm or firms that form part of the international network
of independent firms that are members of BDO International Limited
Confidential Information - information that contains identifying features that can be
attributed to you or individual personnel
2. BDO Network and Sole Recourse
2.1 BDO is a member of BDO International Limited, a UK company limited by guarantee, and
forms part of the international network of independent member firms (i.e. BDO Member
Firms), each of which is a separate legal entity.
2.2 We may use other BDO Member Firms or subcontractors to provide Services; however, we
remain solely responsible for Services. You agree not to bring any claim or action against
another BDO Member Firm (or their partners, members, directors, employees or
subcontractors) or our subcontractors in respect of any liability relating to the provision of
Services.
2.3 You agree that any of our affiliates, subcontractors, and other BDO Member Firms and any
subcontractors thereof whom we directly or indirectly involve in providing Services have
the right to rely on and enforce Section 2.2 above as if they were a party to this
agreement.
3. Respective Responsibilities
3.1 We will use reasonable efforts to complete, within any agreed-upon time frame, the
performance of Services.
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3.2 You shall be responsible for your personnel’s compliance with your obligations under this
Agreement. We will not be responsible for any delays or other consequences arising from
you not fulfilling your obligations.
4. Working Papers and Deliverables
4.1 Ownership – Any documents prepared by us or for us in connection with Services belong
solely to us.
4.2 Oral advice and draft deliverables – You should not rely upon any draft deliverables or
oral advice provided by us. Should you wish to rely upon something we have said to you,
please let us know and, if possible, we will provide the information that you require in
writing.
4.3 Translated documents - If you engage us to translate any documents, advice, opinions,
reports or other work product of BDO from one language to another, you are responsible
for the accuracy of the translation work.
4.4 Reliance by Third Parties – Our Services will not be planned or conducted in
contemplation of or for the purpose of reliance by any third party other than you and any
party to whom the assurance report is addressed. Items of possible interest to a third party
will not be addressed and matters may exist that would be assessed differently by a third
party, possibly in connection with a specific transaction.
4.5 Consent to use the Report - If we are requested to consent to the use of our report in
connection with a continuous disclosure document, a public or private offering document,
an annual report or any other document, we will consider, at the relevant time, providing
consent and any conditions applicable to our consent. Our consent must be in writing. In
order to provide consent, professional standards require that we read the other
information in the related document and consider whether such information is materially
inconsistent with the related financial statements. We will require adequate notice of the
request for consent to allow us to consider your identification and resolution of events
occurring in the period since the date of our report, and to obtain updated written
representation letters. Such procedures will be performed at your cost.
5. Confidentiality
5.1 We agree to use Confidential Information provided by you only in relation to the services in
connection with which the information is provided and we will not disclose the
information, except where required by law, regulation or professional obligation. We may
however, give Confidential Information to other BDO Member Firms or other subcontractors
assisting us in providing Services. Any party to whom we subcontract work will be required
to keep Confidential Information confidential either by professional obligation or contract
with us.
5.2 BDO shall be entitled to include a description of services we render to or for you in
marketing and research materials and disclose such information to third parties, provided
that all such information will be made anonymous and not associated with you.
Additionally, we may analyze information on an industry or sector basis for internal
purposes or to provide industry/sector wide information to our clients or potential clients.
You consent to our using information obtained from you in this way provided that the
outputs therefrom will not contain any identifying features that can be attributed to you.
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6. Independence
6.1 Professional and certain regulatory standards require us to be independent, in both fact
and appearance, with respect to our clients in the performance of our services. We will
communicate to you any relationships between BDO (including its related entities) and you
that, in our professional judgment, may reasonably be thought to bear on our
independence. Further, we will confirm our independence in writing.
7. Offers of Employment
7.1 Any discussions that you, or any party acting on your behalf, have with professional
personnel of our Firm regarding employment could pose a threat to our independence.
Your recruitment of an engagement team member from the current or prior year's
engagement may compromise our independence and our ability to render agreed services
to you. Engagement team members may include current and former partners and staff of
BDO, other BDO Member Firms and other firms who work under our direction. Therefore,
you agree to inform us prior to any such discussions so that you and we can implement
appropriate safeguards to maintain our independence.
8. Professional and Regulatory Oversight
8.1 As required by legal, regulatory, or professional authorities (both in Canada and abroad)
and by BDO policy, our client files must periodically be reviewed by practice inspectors to
ensure that we are adhering to professional and BDO standards. It is understood that by
entering into this agreement, you provide your consent to us providing our files relating to
your engagement to the practice inspectors for the sole purpose of their inspection.
8.2 Certain regulatory bodies may also have the right to conduct investigations of you,
including the Services provided by us. To the extent practicable and permitted by law, we
will advise you of any such investigation request or order prior to providing our working
papers.
8.3 You agree to reimburse us for our time and expenses, including reasonable legal fees,
incurred in responding to any investigation that is requested or authorized by you or
investigations of you undertaken under government regulation or authority, court order or
other legal process.
9. Privacy and Consents
9.1 You agree we will have access to all personal information in your custody that we require
to complete our engagement. We may collect, use, transfer, store, or process such
information disclosed by you of a personal nature (personal information). Our Services are
provided on the understanding that:
(a) you have obtained any consents for collection, use and disclosure to us of personal
information required under all applicable privacy legislation; and
(b) we will hold all personal information in compliance with our Privacy Statement.
10. Electronic Communications
10.1 Both parties recognize and accept the security risks associated with email communications,
including but not limited to the lack of security, unreliability of delivery and possible loss
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of confidentiality and privilege. Unless you request in writing that we do not communicate
by internet email, you assume all responsibility and liability in respect of risk associated
with its use.
10.2 By signing this agreement, you provide BDO with express consent to communicate with you
and your employees, as applicable, electronically, including sending BDO newsletters,
publications, announcements, invitations and other news and alerts that may be of interest
to you. You and your employees may withdraw such consent at any time by contacting BDO
at www.bdo.ca/unsubscribe.
11. Limitation of Liability
11.1 In any dispute, action, claim, demand for losses or damages arising out of the Services
performed by BDO pursuant to this Agreement, BDO shall only be liable for its
proportionate share of the total liability based on degree of fault as determined by a court
of competent jurisdiction or by an independent arbitrator as a result of the dispute
resolution procedures, notwithstanding the provisions of any statute or rule of common law
which create, or purport to create, joint and several liability.
11.2 Our liability shall be restricted to damages of a direct and compensatory nature and shall
not include indirect, consequential, aggravated or punitive damages, or damages for loss of
profits or expected tax savings, whether or not the likelihood of such loss or damage was
contemplated.
11.3 You agree that BDO shall in no event be liable to you for any actions, damages, claims,
liabilities, costs, expenses, or losses in any way arising out of or relating to the Services
performed hereunder for an aggregate amount of more than the higher of:
(a) three times the fees paid by you to BDO in the twelve months preceding the incident
giving rise to the claim; and
(b) $25,000.
11.4 No exclusion or limitation on the liability of other responsible persons imposed or agreed at
any time shall affect any assessment of our proportionate liability hereunder, nor shall
settlement of or difficulty enforcing any claim, or the death, dissolution or insolvency of
any such other responsible persons or their ceasing to be liable for the loss or damage or
any portion thereof, affect any such assessment.
11.5 You agree claims or actions relating to the delivery of Services shall be brought against us
alone, and not against any individual. Where our individuals are described as partners, they
are acting as one of our members.
12. Indemnity
12.1 To the fullest extent permitted by applicable law and professional regulations, you agree
to indemnify and hold harmless BDO from and against all losses, costs (including solicitors'
fees), damages, expenses, claims, demands or liabilities arising out of or in consequence
of:
(a) a misrepresentation by a member of your management or board of directors,
regardless of whether such person was acting in your interest;
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13. Alternative Dispute Resolution
13.1 Both parties agree that they will first attempt to settle any dispute arising out of or
relating to this agreement or the Services provided hereunder through good faith
negotiations.
13.2 In the event that the parties are unable to settle or resolve their dispute through
negotiation, such dispute shall be subject to mediation pursuant to the National Mediation
rules of the ADR Institute of Canada Inc. All disputes remaining unsettled for more than 60
days following the parties first meeting with a mediator or such longer period as the
parties mutually agree upon shall be subject to arbitration pursuant to the National
Arbitration Rules of the ADR Institute of Canada Inc. Such arbitration shall be final,
conclusive and binding upon the parties, and the parties shall have no right of appeal or
judicial review of the decision. The parties hereby waive any such right of appeal which
may otherwise be provided for in any provincial arbitration statute made applicable under
the National Arbitration Rules.
14. Limitation Period
14.1 You shall make any claim relating to Services or otherwise under this Agreement no later
than one year after you became aware or ought reasonably to have become aware of the
facts giving rise to any such claim.
14.2 You shall in no event make any claim relating to the Services or otherwise under this
Agreement later than two years after the completion of the Services under this Agreement.
14.3 To the extent permitted by law, the parties to this Agreement agree that the limitation
periods established in this Agreement replace any limitation periods under any limitations
act and/or any other applicable legislation and any limitation periods under any limitations
act and/or any other applicable legislation shall not alter the limitation periods specified
in this Agreement.
15. Québec Personnel
15.1 We may sometimes have individual partners and employees performing Services within the
Province of Québec who are members of the Ordre des comptables professionnels agréés
du Québec. Any such members performing professional services hereunder assumes full
personal civil liability arising from the practice of their profession, regardless of their
status within our partnership. They may not invoke the liability of our partnership as
grounds for excluding or limiting their own liability. The provisions in Sections 11
(Limitation of Liability) and 14 (Limitation Period) shall therefore not apply to limit the
personal civil liability of partners and employees who are members of the Ordre des
comptables professionnels agréés du Québec.
(b) the services performed by BDO pursuant to this Agreement, unless, and to the extent
that, such losses, costs, damages and expenses are found by a court of competent
jurisdiction to have been due to the gross negligence of BDO. In the event that the
matter is settled out of court, we will mutually agree on the extent of the
indemnification to be provided by you, failing which, the matter may be referred to
dispute resolution in accordance with the terms of this letter.
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16. Termination
16.1 This Agreement applies to Services whenever performed (including before the date of this
Agreement).
16.2 You or we may terminate this Agreement at any time upon written notice of such
termination to the other party. We will not be liable for any loss, cost or expense arising
from such termination. You agree to pay us for all Services performed up to the date of
termination, including Services performed, work-in-progress and expenses incurred by us
up to and including the effective date of the termination of this Agreement.
17. Fees and Billings
17.1 Our estimated fee is based on an assumed level of quality of your accounting records, the
agreed upon level of preparation and assistance from your personnel and adherence to the
agreed-upon timetable. Our estimated fee also assumes that your financial statements are
in accordance with the applicable financial reporting framework and that there are no
significant new or changed accounting policies or issues or internal control or other
reporting issues. We will inform you on a timely basis if these factors are not in place.
17.2 Should our assumptions with respect to the quality of your accounting records be incorrect
or should the conditions of the records, degree of cooperation, results of audit procedures,
or other matters beyond our reasonable control require additional commitments by us
beyond those upon which our estimated fees are based, we may adjust our fees and
planned completion dates.
17.3 Our professional fees will be based on our regular billing rates which depend on the means
by which and by whom our Services are provided. We also will bill you for our out-of-
pocket expenses, our administrative charge (described below), and applicable Harmonized
Sales Tax, Goods and Services Tax and Provincial Sales Tax.
17.4 Our administrative charge is calculated as a percentage of our professional fee and
represents an allocation of estimated costs associated with our technology infrastructure,
telephone charges, photocopying and some support staff time costs.
17.5 Our accounts are due when rendered. BDO may suspend the performance of Services in the
event that you fail to pay an invoice when it is due. Interest may be charged at the rate of
12% per annum on all accounts outstanding for more than 30 days.
18. Governing Laws
18.1 The terms of our engagement shall remain operative until amended, terminated, or
superseded in writing. They shall be interpreted according to the laws of the province or
territory in which BDO’s principal Canadian office performing the engagement is located,
without regard to such province/territory’s rules on conflicts of law.
19. Entire Agreement and Survival
19.1 This Agreement sets forth the entire agreement between the parties with respect to the
subject matter herein, superseding all prior agreements, negotiations or understandings,
whether oral or written, with respect to such subject matter. It is understood that this
Agreement will not be superseded by any contract with us for other specific services that
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are not of the same scope as the Services contemplated in this Agreement, unless the other
contract explicitly references this Agreement and an intent to supersede it.
19.2 The provisions of this Agreement that give either of us rights or obligations beyond its
termination shall continue indefinitely following the termination of this Agreement. Any
clause that is meant to continue to apply after termination of this Agreement will do so.
20. Force Majeure
20.1 We will not be liable for any delays or failures in performance or breach of contract due to
events or circumstances beyond our reasonable control, including acts of God, war, acts by
governments and regulators, acts of terrorism, accident, fire, flood or storm or civil
disturbance.
21. Assignment
21.1 No party may assign, transfer or delegate any of the rights or obligations hereunder
without the written consent of the other party or parties. BDO may engage independent
contractors and BDO Member Firms to assist us in performing the Services in this
Agreement without your consent.
22. Severability
22.1 If a court or regulator with proper jurisdiction determines that a provision of this
Agreement is invalid, then the provision will be interpreted in a way that is valid under
applicable law or regulation. If any provision is invalid, the rest of this Agreement will
remain effective.
Version: 201801
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APPENDIX B
Independence Letter
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