Welcome to the Fall 2011 Hicks Morley Information and Privacy Highlights! This second edition of our new re-vamped publication includes many note-worthy decisions, including Vaughan (City) (Re) , where the Information and Privacy Commissioner of Ontario found that personal information received on an unsolicited basis is not “collected” for the purposes of the Municipal Freedom…
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2311 Results
Proposed PIPEDA amendments re-introduced as Bill C-12
On September 29, 2011, the federal government introduced Bill C-12, Safeguarding Canadians’ Personal Information Act, which, if passed, will amend the Personal Information Protection and Electronic Documents Act (“PIPEDA“). Bill C-12 reintroduces Bill C-29 (previously reported here), which expired on the Order Paper when Parliament was proclaimed dissolved in March, 2011. Among other things,…
Bill 133 (Asset Division on Marriage Breakdown) – Q & A Posted
In anticipation of January 1, 2012, when new legislation related to the division of pension assets on the breakdown of a spousal relationship comes into force, the Financial Services Commission of Ontario (“FSCO”) has published a Question and Answer guide (“Q & A”) for members of the public. As previously reported, the pension division and…
Provincial Election 2011: Employers’ Obligation to Provide Paid Time Off to Vote
The provincial election will be held on October 6, 2011. For most of the province, voting hours will run from 9:00 a.m. to 9:00 p.m. For electoral districts that lie “entirely west of the meridian of 90º W. longitude” (i.e. in the Central Time Zone), voting hours will run from 8:00 a.m. to 8:00 p.m….
Craig Rix Interviewed on Business News Network
Hicks Morley’s Craig Rix discussed the federal government’s threatened intervention into the collective bargaining arena in a recent interview with Business News Network. Watch the interview.
Personal information received on an unsolicited basis is not “collected”
The Information and Privacy Commissioner of Ontario issued a notable privacy investigation report this past summer under of the Municipal Freedom of Information and Protection of Privacy Act (the “Act“). The complainants complained, amongst other things, that the Municipality in issue had improperly collected their personal information contained in correspondence they sent to the Municipality,…
Nursing Act Amendments, Regulation To Expand Permissible Procedures
On August 19, 2011, the Ontario government filed regulatory amendments under the Nursing Act, 1991 that, in part, expand the range of procedures that may be provided by registered nurses who hold an extended certificate of registration in accordance with the regulations. O. Reg. 387/11 and parallel amendments to the Act will expand the ability…
Federal Consultations On Employee Profit Sharing Plan Tax Rules
On August 30, 2011, the federal government released a paper outlining proposed tax rules governing Employee Profit Sharing Plans (“EPSPs”) for public consultation, in furtherance of initiatives first announced in its 2011 Budget. Specifically, the government is seeking stakeholder input on the following issues: eligibility of non-arm’s length employees / “related persons” to participate in…
Federal Government Launches EI Consultations
On August 18, 2011, the federal government announced the launch of Employment Insurance (“EI”) rate-setting consultations, and released a related consultation paper. The EI consultations are intended to enhance delivery of benefits, and increase overall premium stability. Individuals and stakeholders may participate in the web-based consultation process online, or via email before November 30, 2011.
Taxation Rules for Lump Sum Amounts Received in Lieu of Benefits Coverage
In June, 2011, the Canada Revenue Agency (“CRA”) announced new rules governing lump sum payments made to employees or retirees in lieu of their healthcare coverage. These new rules, which come into effect on January 1, 2012, followed the announcement in the 2011 federal Budget that CRA was re-examining its position on these payments (see…