Hicks Morley Information and Privacy Post – Summer 2010

Welcome to the Summer 2010 Quarterly Edition of the Hicks Morley Information and Privacy Post! This edition is packed with the most up-to-date case law developments in privacy, freedom of information, confidentiality and the law of production. Of note is the Supreme Court of Canada’s recent pronouncement on access to information under Ontario’s Freedom of…

Consultations on Public Sector Compensation Begin

On July 20, 2010, the Ontario government initiated a consultation process designed to address upcoming compensation negotiations for “bargaining” employees not caught by the Compensation Restraint Act. In this FTR Now, we discuss the potential implications of this process for public sector employers. BACKGROUND In March, as part of its 2010 Budget, the government introduced…

Government Institutions Should Take Note of a Recent Supreme Court of Canada Case on Access to Government Information

On June 17th, the Supreme Court of Canada issued a significant judgement on access to government information. In Ontario (Public Safety and Security) v. Criminal Lawyers’ Association, 2010 SCC 23 (CanLII) (the “CLA” case), it held that the Canadian Charter of Rights and Freedoms (the “Charter“) gives the public a limited right of access to…

Post-Secondary Legislation Passes Third Reading

On June 3, 2010, Bill 43, the Post-Secondary Education Statute Law Amendment Act, 2010, carried at Third Reading.  As previously reported, this omnibus legislation amends Ontario’s Post-Secondary Education Choice and Excellence Act, 2000, the Private Career Colleges Act, 2005, and the Ontario College of Art & Design Act, 2002.

Ontario Colleges of Applied Arts & Technology Regulation Amended

On May 14, 2010, the Ontario government filed O. Reg. 169/10, amending Regulation 34/03 (General) under the Ontario Colleges of Applied Arts and Technology Act, 2002. In part, the amendments provide a new method for appointing members of a board of governors after October 1, 2010, and the terms of the office.

Post-Secondary Legislation Referred to Committee

On May 11, 2010, Bill 43, the Post-Secondary Education Statute Law Amendment Act, 2010. If passed, this omnibus legislation would amend various Acts as follows: the Post-Secondary Education Choice and Excellence Act, 2000 to refine definitions of terms such as “degree” and “educational institution”, the application of the Act to defined persons, and certain prohibitions….

AODA Update: Final Proposed Employment Accessibility Standard Released

Employers and human resources practitioners in Ontario need to know about the latest development under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). The Ontario government just released the Final Proposed Employment Accessibility Standard (“Final Proposed Standard”), which, if adopted as law in its current form, will broadly impact the employment practices of nearly…

Bill 168, The Occupational Health And Safety Amendment Act (Violence And Harassment In The Workplace) 2009, Carried At Second Reading

On October 20, 2009, Bill 168, the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace) 2009 was debated and carried at Second Reading. The Bill has been Ordered referred to the Standing Committee on Social Policy by the Ontario Legislature. As you may know, the Committee review process can take days,…