We are back with another edition of Reaching Out. With 2021 drawing to a close, we thought it appropriate to update you on some non-COVID-19-related developments.
Practice Area: Information, Data Security & Privacy
Ontario Chief Medical Officer of Health Issues Separate Vaccine Instructions to Certain Ministry of Children, Community and Social Services Providers
On August 30, 2021, the Ontario Chief Medical Officer of Health (OCMOH) issued two sets of instructions (Instructions) to certain Ministry of Children, Community and Social Services (MCCSS) funded agencies, regarding the implementation of a mandatory vaccine policy. One set of Instructions applies specifically to Children’s Treatment Centres and certain third parties that provide contracted…
Ontario Announces Consultation on Modernizing Privacy
On June 18, 2021, the Ontario government released a White Paper titled “Modernizing Privacy in Ontario” and announced a public consultation on the issues raised in the Paper. Headed by the Ministry of Government and Consumer Services, the government is looking to revamp its legislative privacy framework and provide privacy protection beyond current provincial and…
Modernizing Canada’s Privacy Laws: What Employers Need to Know About Bill C-11
On November 17, 2020, the federal government introduced Bill C-11, An Act to enact the Consumer Privacy Protection Act and the Personal Information and Data Protection Tribunal Act and to make consequential and related amendments to other Acts.
Public Consultation on Ontario Privacy Law Reform for Private Sector
The Ontario government has opened a public consultation phase seeking input on reform for private sector privacy law, specifically to address gaps in the existing law and to enact new rules to protect privacy rights and increase confidence in digital services. This could be an initial step towards the introduction of a private sector privacy…
Supreme Court of Canada Finds Federal Genetic Non-Discrimination Act is Constitutional
On July 10, 2020, the Supreme Court of Canada issued its decision in Reference re Genetic Non‑Discrimination Act, upholding the constitutionality of the impugned sections of the federal Genetic Non-Discrimination Act (Act) in a split decision. The constitutional question was raised in a reference by the Quebec government to the Quebec Court of Appeal, which…
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,…
Ensuring a Successful Return to Work in a COVID-19 World
As governments start lifting orders and directives made under the Emergency Management and Civil Protection Act (or similar legislation in other jurisdictions), it is understandable that employers and employees alike are anxious to return to their ‘pre-COVID-19 normal’. However, in order to ensure a successful return to work during the largest pandemic in modern history, it is crucial that employers turn their minds to the unique labour and employment issues created by COVID-19 and reopen with a solid return to work plan in place.
Cloud E-mail Grievance Dismissed
Arbitrator Etherington recently dismissed a grievance that challenged a university’s decision to provide its faculty with cloud-based e-mail service.
Ontario Gives Hospitals More Flexibility in Respect of Credentialing Processes
On May 1, 2020, the Ontario government made a new temporary emergency order under the Emergency Management and Civil Protection Act which gives Hospitals more flexibility in respect of their credentialing processes.