The Supreme Court of Canada has issued a significant decision regarding workplace privacy. In R. v. Cole, it unanimously held that employees have a diminished, but reasonable, expectation of privacy in personal information stored on an employer-issued computer. Employers may continue to access information stored on their work systems for their legitimate purposes, though they…
Business Operation: Ontario
Second Federal Omnibus Budget Bill Tabled
On October 18, 2012, the federal government tabled Bill C-45, Jobs and Growth Act, 2012, the second omnibus budget bill giving effect to the initiatives found in its Budget 2012, Economic Action Plan 2012 – A Plan for Jobs, Growth and Long-term Prosperity. If passed, Bill C-45 will, among other things: amend the rules applicable…
Hicks Morley Introduces Case Law Blog
Hicks Morley is pleased to announce the launch of Case In Point, a blog designed to provide human resources professionals with timely information about interesting case law developments in a range of employment-related areas. In this FTR Now, we highlight the features of this new service. BACKGROUND In 2010, Hicks Morley launched Human Resources Legislative…
Supreme Court of Canada Renders Decision on Reasonable Expectation of Privacy in Workplace Computer
The Supreme Court of Canada rendered R. v. Cole in which it unanimously held that employees have a diminished but reasonable expectation of privacy in the use of their workplace computers. This case involved a warrantless police search of the accused’s workplace computer, which contained materials alleged to be child pornography. That evidence was excluded…
Tax Measures from Federal Budget 2012 to be Implemented
On October 15, 2012, the federal government tabled a Notice of Ways and Means Motion to implement certain tax measures contained in the government’s March 2012 budget, the Economic Action Plan, 2012 – A Plan for Jobs, Growth and Long-Term Prosperity. Among other things, the Notice of Ways and Means Motion includes implementation of the…
Ontario Legislature Prorogues
On October 15, 2012, Ontario Premier McGuinty announced his resignation and as well the Ontario Legislature prorogued. As a result of the prorogation, all outstanding business before the Legislature, including all government and Private Members’ Bills, “died” on the Order Paper. All Committee work has also ended. For more information on the prorogation, and especially…
Helping Families in Need Act Passes Second Reading, Referred to Committee
On October 2, 2012, Bill C-44, Helping Families in Need Act, passed Second Reading and was referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities. As previously reported, among other things Bill C-44, if passed, will make certain amendments to the Employment Insurance Act and…
Information Bulletins on Anti-spam Legislation Published
Two information bulletins have been published by the Canadian Radio-Television Communications Commission (CRTC) to help businesses better understand Bill C-28, the federal anti-spam legislation. The bulletins include, among other things, examples of acceptable practices. As previously reported, Bill C-28 enacts comprehensive anti-spam legislation and specifically amends the Personal Information Protection and Electronic Documents Act (“PIPEDA”)…
PSFA Regulations Filed (Hiring Practices and Sick Leave Provisions 2012-2013)
On September 12, 2012, sections 1 through 19 (inclusive) and 21 of the Putting Students First Act, 2012 (”PSFA”) were proclaimed in force. The restraint period applies retroactively, as outlined in the Act. On that date, the Ontario government filed a new regulation under the Education Act with respect to hiring practices. It is important…
Operation of Pension and Benefit Plans do not Discriminate on the Basis of Age: Human Rights Tribunal of Ontario
Recent decisions of the Human Rights Tribunal of Ontario (the “Tribunal”) provide welcome guidance for employers who have been confronted with allegations that provisions of their pension and benefit plans discriminate on the basis of age under the Ontario Human Rights Code (the “Code”). In several decisions the Tribunal has held that some age-based distinctions…