The Ontario Court of Appeal has denied leave to appeal a judicial review of a Human Rights Tribunal of Ontario (Tribunal) decision that found an employer’s request for an Independent Medical Examination (IME) as part of the accommodation process reasonable in the circumstances. This case further provides helpful guidance with respect to the scope of…
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Proposed Data Breach Regulations Under PIPEDA Published
On September 2, 2017, the federal government published the proposed regulatory text of the Breach of Security Safeguards Regulations (Regulations) made under the Personal Information Protection and Electronic Documents Act (PIPEDA). Interested persons have been invited to make representations on the Regulations. As previously reported, amendments to the PIPEDA enacted by the Digital Privacy Act…
New Annual Quality Improvement Plan “Indicators” for Healthcare Organizations
Effective July 19, 2017, healthcare organizations are required to include indicators identified by the Minister in annual quality improvement plans (AQIP) under the Excellent Care for All Act, 2010 regulations. Specifically, amendments to the regulations outlined in O. Reg. 280/17 provide that the Minister, after having considered the advice of the Council, may direct a…
New PHIPA Regulation Sets Out Circumstances in Which Health Information Custodians Must Notify Privacy Commissioner
On June 29, 2017, the Ontario government filed O. Reg. 224/17 amending O. Reg. 329/04 (General) made under the Personal Health Information Protection Act, 2004 (Act). The Act was amended in 2016 by the Health Information Protection Act, 2016…
Private Member’s Bill Proposes Compulsory WSIB Coverage for Residential Care Facilities and Group Homes
On June 1, 2017, Bill 145, WSIB Coverage for Workers in Residential Care Facilities and Group Homes Act, 2017 was introduced by a member of the Liberal Party. If passed, Bill 145 would amend the Workplace Safety and Insurance Act, 1997 (WSIA) to provide that an employer who operates a residential care facility or a…
Are You Properly Authorized to Make that Freedom of Information Decision?
This is a short reminder to our school board contacts about an often overlooked feature of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) – the assignment of formal powers and duties to the board of trustees itself…
Are You Properly Authorized to Make that Freedom of Information Decision?
This is a short reminder to our college contacts about an often overlooked feature of the Freedom of Information and Protection of Privacy Act (FIPPA) – the assignment of formal powers and duties to the Chair of the Board of Governors. These powers and duties include those related to the processing of freedom of information requests…
Guidance for Organizations Sharing Information for Investigation/Fraud Purposes Issued by OPC
The Office of the Privacy Commissioner of Canada (OPC) recently provided guidance on the new provisions of the Personal Information Protection and Electronic Documents Act (PIPEDA) that allow organizations to share information for investigation and fraud prevention purposes. The amendments, in force since 2015, give organizations significant flexibility to address cyber-crime and fraud by allowing…
Federal Budget 2017
On March 22, 2017, the federal government tabled its 2017 Budget, Building A Strong Middle Class (#Budget2017). The Budget provides an economic and fiscal overview and introduces a series of programs, reforms and spending initiatives which focus on…
Labour Relations Impact of Ontario’s Proposed New Child and Family Services Framework
Change is coming to your current service delivery model. Legislation recently proposed by the Ontario government to repeal and replace the Child and Family Services Act will enhance existing accountability and compliance rules…