New CASL Provision May Have Impact On Bring Your Own Device Policies

Employers should be aware that a provision of Canada’s Anti-Spam Legislation (“CASL”) is coming into force on January 15, 2015 which may have an impact on employers’ bring your own devices (“BYOD”) policies. Section 8 of CASL prohibits a person from installing or “causing to be installed”, in the course of commercial activity, a computer…

2014 Fall Edition

FOCUS ON UNIVERSITIES Universities – higher learning in the HR world LEGAL DEVELOPMENTS Pillars of success: a “best practices” approach to post-secondary accommodation issues Top ten tips for medical information management PROFILE It’s academic Download PDF

2014 Summer Edition

Focus on Information Management and Privacy Information and privacy – the HR sphere and beyond Legal Developments A diminished expectation: computer use policies and privacy in the post- world New policy sheds light on gender discrimination prevention People Privacy, please Download PDF

Ontario Re-Introduces BPS Accountability, Transparency Legislation (Formerly Bill 179)

On July 8, 2014, the Ontario government re-introduced broader public sector (“BPS”) accountability and transparency legislation. If passed, proposed measures in Bill 8, the Public Sector and MPP Accountability and Transparency Act, 2014, would give the government the authority to create comprehensive compensation frameworks for certain employers in the BPS, and would implement a number…

Ontario Re-Introduces Education Act amendments in New Child Care Oversight Bill (Formerly Bill 143)

On July 10, 2014, the Ontario government re-introduced omnibus legislation that would substantially reform the education system in Ontario. If passed, Bill 10, the Child Care Modernization Act, 2014, would enact the Child Care and Early Years Act, 2014, amend the Education Act and the Early Childhood Educators Act, 2007, and repeal the Day Nurseries…

CASL Regulations Amended

On May 28, 2014, Regulations Amending the Electronic Commerce Protection Regulations (CRTC) (“Regulations”) were registered and came into force.  The Regulations amend the Electronic Commerce Protection Regulations (CRTC) made under Canada’s Anti-spam legislation (“CASL”), to provide that section 5 of the Electronic Commerce Protection Regulations (CRTC) (“Specified Functions of Computer Programs”) comes into effect on…

Arbitrator Upholds Dismissal of Grievor for Posting Vicious Comments about Co-Worker on Facebook

In a recent labour arbitration award, Arbitrator Laura Trachuk upheld the dismissal of a three and one-half year employee for posting vicious, humiliating and threatening comments about a co-worker on Facebook. While the Arbitrator left many specifics out of her decision in order to protect the identities of those involved, this decision serves as an…

Supreme Court Affirms Broad Public Sector Decision-Making Privilege

Below is a post I wrote for All About Information regarding a significant decision rendered by the Supreme Court of Canada last Friday on the scope of the “advice and recommendations” exemption from disclosure found in the Freedom of Information and Protection of Privacy Act: “Yesterday the Supreme Court of Canada held that the “advice and recommendations” exemption…

Ontario Government Proposes New Public Sector Compensation Restraint Legislation

On Monday, March 24, 2014, the Ontario government introduced Bill 179, the Public Sector and MPP Accountability and Transparency Act, 2014. If passed, Bill 179 would give the government the authority to create comprehensive compensation frameworks for certain employers in the broader public sector (“BPS”), and would implement a number of measures to enhance “accountability…