Federal Amendments to PIPEDA Introduced

On May 25, 2010, the federal government introduced two Bills that, if passed, would significantly amend PIPEDA: Bill C-29, the Safeguarding Canadians’ Personal Information Act and Bill C-28, the Fighting Internet and Wireless Spam Act. Bill C-29 would: specify the elements of valid consent for the collection, use or disclosure of personal information; permit the…

Department of Finance Proposes Changes to HST Calculation Rules Affecting Investment Funds

On May 19, 2010, the Department of Finance released proposed changes to the Harmonized Sales Tax (“HST”) rules covering the supply of financial services relating to the calculation of the provincial component of the HST under the Excise Tax Act. As outlined in the government Backgrounder, the proposed changes would affect, among others, mutual funds,…

New Federal Pension Regulation Amendments Proposed

On May, 8, 2010, the Federal government published proposed amendments to the Pension Benefits Standards Regulations, 1985. The proposed amendments would: amend the funding rules to adopt a new standard for establishing minimum funding requirements on a solvency basis using average (rather than current) solvency ratios to determine minimum funding requirements; introduce a solvency margin…

Mandatory Reporting of Internet Child Pornography by “Persons” Providing an Internet Service

On May 6, 2010, the Federal government introduced Bill C-22, the Protecting Children From Online Sexual Exploitation Act, legislation that would impose mandatory duty on “persons” (defined to include individuals, corporations, partnerships, unincorporated associations or organizations) providing an “internet service” (internet access, e-mail or internet content hosting) to report child pornography in specific cases. This…

Federal Budget Bill Carries at Second Reading, Sent to Committee

On April 19, 2010, Bill C-9, the Jobs And Economic Growth Act, carried at Second Reading and was referred to the Finance Committee. Introduced on March 29, 2010, Bill C-9 is omnibus legislation designed to amend various Acts and implement certain key measures outlined in the federal government’s 2010 Budget. In part, the Bill outlines…

Hicks Morley Information & Privacy Post – Spring 2009

We’re happy to publish the first 2009 edition of the Hicks Morley Information and Privacy Post! As usual, we have summarized the most recent and notable cases relating to privacy and access to information, protection of confidential business information and the law of production. So what’s new? Much has been said about Leduc v. Roman,…

Hicks Morley Information & Privacy Post – Fall 2008

We’re nearing the end of 2008 and are happy to present another edition of the Post. There’s been no shortage of significant developments in the law of information and privacy of late, including a rather welcome clarifying judgement from the Alberta Court of Appeal on the law of spoliation. The case, called McDougall, certainly does…

Information & Privacy Post – Volume-3, Number-1

In this issue Canadian e-discovery enters next era FREEDOM OF INFORMATION – EXCEPTIONS – PRIVILEGE FREEDOM OF INFORMATION – EXCEPTIONS – UNJUSTIFIED INVASION OF PERSONAL PRIVACY FREEDOM OF INFORMATION – FREEDOM OF THE PRESS PRIVACY – ACCESS TO PERSONAL INFORMATION PRIVACY – APPLICATION, EXCLUSIONS AND MATTERS OF JURISDICTION PRIVACY – COLLECTION USE AND DISCLOSURE –…

Supreme Court of Canada Issues Landmark Judicial Review Decision

On March 7th, the Supreme Court of Canada issued a very significant administrative law decision, Dunsmuir v. New Brunswick, 2008 SCC 9 (CanLII), in which it has addressed the thorny issue of how to determine the standard of review in a judicial review application. The decision also significantly reforms the law relating to the dismissal…