Bill C-20, An Act respecting further COVID-19 measures, which passed on July 27, 2020, has enacted new legislation that permits the temporary suspension or extension of time limits or other periods specified in federal legislation or in court proceedings governed by federal legislation that are difficult or impossible to meet in light of the COVID-19 pandemic.
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Ontario Proposes Regulations on Interoperability Specifications that Pertain to Digital Health Assets Selected, Developed or Used by Health Information Custodians under PHIPA
On May 22, 2020, Ontario’s Minister of Health (MOH) issued a notice of proposed regulation pertaining to interoperability specifications for digital health assets under the Personal Health Information Protection Act, 2004 (PHIPA). Under the proposed regulation, a “digital health asset” (DHA) means a product or service that uses electronic means to collect, use, modify, disclose,…
Ontario Enables School Board Employees to Be Redeployed to Congregate Care Settings
On May 8, 2020, the Ontario government filed Ontario Regulation (O. Reg.) 205/20 – Education Sector (Order) made under the Emergency Management and Civil Protection Act which applies to all school boards within the meaning of the School Boards Collective Bargaining Act, 2014 in Ontario.
Temporary Pandemic Pay – Update on Recent Developments
There have been two developments this week in relation to pandemic pay: a temporary amendment to Bill 124, the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (Bill 124) and the publication of a page entitled “COVID-19: Temporary pandemic pay” on the government website. However, key details, including how pandemic pay is to be operationalized, have yet to be announced. We therefore continue to advise employers to wait for the government to communicate this information before taking steps to implement any form of pandemic pay.
Ontario Proposes Regulations on Reporting Obligations of Health Information Custodians under PHIPA and on Electronic Health Records
On May 2, 2020, Ontario’s Minister of Health issued notice of proposed regulations that (1) provide clarity on the existing reporting obligations of Health Information Custodians under the Personal Health Information Protection Act, 2004 (PHIPA) and (2) empowers Ontario Health to develop and maintain amalgamated Electronic Health Records (EHRs) while refining the rules relating to…
Ontario Legislation Extends Time Limit for Student Expulsions
Bill 189, Coronavirus (COVID-19) Support and Protection Act, 2020 received Royal Assent on April 14, 2020 (Bill 189). Among other things, Bill 189 amends the Education Act (Act) to extend the time limit to expel a student where such an extension is recommended to, and granted by, the Director of Education.
Extraordinary Times – Limitations on Liberty and Privacy under the Health Protection and Promotion Act
On April 1, 2020, Ontario’s Chief Medical Officer urged his local public health counterparts to order COVID-19 patients and their contacts into quarantine. The situation, according to the Chief Medical Officer, is such that measures need to be put in place in order to manage this pandemic. Extraordinary times call for extraordinary measures and implementing the broad order-making powers of medical officers of health under the Health Protection and Promotion Act (HPPA) may be where we are headed. This means placing limitations on a person’s liberty and privacy.
Employers Take Note: New PHIPA Amendments
On March 25, 2020, the provincial government passed Bill 188, Economic and Fiscal Update Act, 2020, which amends various statutes, including the Personal Health Protection Information Act, 2004 (PHIPA). Included among these amendments are new requirements for health information custodians relating to electronic audit logs, requirements for “consumer electronic service providers,” the ability of justices to make production orders, administrative penalties that can be issued by the Information and Privacy Commissioner of Ontario (Commissioner) and a significant increase in the amount of penalties and possible imprisonment for offences. Unless otherwise indicated, these amendments came into force on March 25, 2020.
Ontario Introduces Plan to Reform Home and Community Care Services
On February 25, 2020, the Ontario government tabled Bill 175, Connecting People to Home and Community Care Act, 2020 (Bill 175). The legislation is intended to improve funding and access to home and community care for patients.
FTR Quarterly – Issue 15
In This Issue: Protection in the Face of Employee Fraud, Key Human Resources Decisions in in 2019 and Cases to Monitor in 2020 and more!