Information & Privacy Post 2009 and Spring 2010

Dear Friends After a short hiatus, and the introduction of a new editor, we are pleased to once again bring you the Hicks Morley Information and Privacy Post! As the first edition in over a year, we’’ve combined our traditional Year in Review with our first Quarterly Edition for the year and are excited to…

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…