On November 5, 2018, the CRTC published its Compliance and Enforcement Information Bulletin CRTC 2018-415 (Bulletin), which is a guideline regarding the prohibition against facilitating spam under Canada’s Anti-Spam Law (CASL). Section 9 of CASL imposes prohibitions and penalties for activities that facilitate the contravention of the anti-spam provisions in sections 6-8. The non-facilitation prohibition…
Practice Area: Information, Data Security & Privacy
Reminder: Mandatory Data Breach Notification in Force on November 1, 2018
As we previously reported, as of November 1, 2018, the Personal Information Protection and Electronic Documents Act (PIPEDA) will require notification to affected individuals and the federal Office of the Privacy Commissioner (OPC) when a security incident involving personal information results in a “real risk of significant harm.” The supporting regulations published March 27, 2018…
Welcome Back to School!
With this edition of our School Board Update, we’d like to welcome you back to a new school year. In this Update, we discuss a recent policy of the Ontario Human Rights Commission with respect to accessing education for students with disabilities, which notes that while advances have been made in this area, there is still much work to be done.
Universities and Publicly-Assisted Colleges Take Note: Ontario Government Announces New Requirement for Free Speech Policy
On August 30, 2018, the government of Ontario announced that as of January 1, 2019, all universities and publicly-assisted colleges will be required to have a free speech policy that meets a minimum standard specified by the government…
FTR Quarterly – Issue 10
In This Issue: 5 Key Things for Employers to Consider in Drafting Termination Clauses in Employment Contracts, What Is – and What Isn’t – Constructive Dismissal: An Update, FTRQ&A with John Kloosterman: Key Differences Between Canadian and U.S. Employment Law and much more!
Privacy Rules Around Non-Disclosure of Administrative Records Declared Unconstitutional
The Ontario Superior Court of Justice recently held that the Ontario Freedom of Information and Protection of Privacy Act (FIPPA) violates section 2(b) of the Canadian Charter of Rights and Freedoms (Charter), finding that it goes too far to protect the privacy of parties, witnesses and others in matters heard by the Ontario Human Rights Tribunal, Ontario Labour Relations Board and other statutory tribunals. Learn more in this FTR Now.
Ontario Implements Anti-Racism Act Regulations
On April 20, 2018, the Ontario government filed regulations under the Anti-Racism Act, 2017 (ARA) setting out personal information that certain public sector organizations (PSOs) will be authorized or required to collect under the ARA for the purpose of eliminating systematic racism.
FTR Quarterly – Issue 9
In This Issue Sexual Harassment: Best Practices for Proactive Employers and Service Providers FTRQ&A – Customer-to-Customer Harassment: Service Provider Liability Questions, Answered Tips for Conducting Harassment Investigations Sexual Harassment and Your Organization: Best Practice Tips for Boards of Directors For Your Workplace, At Your Workplace: Hicks Morley’s On-Site Learn-by-Doing Training Programs Featured Articles Sexual Harassment:…
Workplace Law in Canada: A Primer
This Guide provides American employers with an introduction to employment laws and regulations that affect businesses in Canada. It outlines an overview of the main differences between Canadian and U.S. workplace laws.
PIPEDA Breach of Security Safeguards Regulations Published
Beginning November 1, 2018, the Personal Information Protection and Electronic Documents Act (PIPEDA) will require private sector organizations to provide notice to affected individuals and the federal Office of the Privacy Commissioner (OPC) when a security incident involving personal information results in a “real risk of significant harm.” The supporting regulations, Breach of Security Safeguards…