On June 2, 2010, Bill 65, the Not-for-Profit Corporations Act, 2010, carried at Second Reading and was Ordered referred to the Standing Committee on Social Policy. As previously reported, the legislation is designed to modernize the legal framework in which not-for-profits operate.
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Ontario Releases Independent Review of AODA
On May 31, 2010, the government released Charles Beer’s independent review of the Accessibility for Ontarians with Disabilities Act, 2005. The government also announced that it is in the process of combining the information and communications, employment and transportation standards into a single, integrated regulation. This initiative is intended to make them “more flexible” for…
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…
Ontario Legislation to Enhance Not-For-Profit Corporate Governance, Accountability
On May 12, 2010, the Ontario government introduced legislation designed to modernize the legal framework in which not-for-profits operate. If passed, Bill 65, the Not-for-Profit Corporations Act, would enhance corporate governance and accountability by providing a statutory duty of care for directors; provide specific protection from liability for directors; enhance member democracy by expanding member…
Effective Pandemic Planning
Employers have a general obligation under health and safety law to take all reasonable precautions in the circumstances to protect their workers. What does this entail, however, in a pandemic situation, such as the one currently facing employers? In our May 1, 2009 FTR Now – “Employer Bulletin: Influenza A(H1N1)” – we discussed some of…
Recent Developments under the AODA
It was a busy summer of new developments under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”), several of which employers and other organizations should note: the “Initial Proposed Accessible Built Environment Standard” was released for public comment; the “Final Proposed Accessible Information and Communications Standard” was submitted to the Minister for approval; the…
Covert Surveillance Guidelines for Federally Regulated Employers
On May 27, 2009 the Office of the Privacy Commissioner of Canada issued an OPC Guideline Document: Guidance on Covert Video Surveillance in the Private Sector. The Guideline Document outlines the Commissioners recommendations to private sector organizations engaging in covert surveillance in the course of commercial activity, as well as to federally regulated employers engaging…
Access and Production Requirements and Records Possessed by Faculty Members
The Canadian Association of University Teachers recently published a memorandum about records in the possession of faculty members that raises some significant issues for Ontario universities. In a memorandum dated April 8, 2009, and now published on the internet, the association states, “Based on collective agreements, memorandum of agreements, faculty handbooks and on past practice…
Transforming Human Resources Practices Under The Proposed AODA “Employment Accessibility Standard”
Employers in Ontario should pay careful attention to the proposed Employment Accessibility Standard (the “Standard”) under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”) released for public comment in February 2009. If approved in its present form, the proposed Standard will transform how employers deal with employees and potential employees in all phases…
Medical Information Management For Employers
We would like to build this bulletin around the diagram below, which illustrates a very common model by which employers manage medical information – i.e., one in which the employer seeks information from an employee’s treating physician through its own medical adviser. The point we’d like to make is that role definition is key to…