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 Proposes Regulations on Reporting Obligations of Health Information Custodians under PHIPA and on Electronic Health Records

On May 2, 2020, Ontario’s Minister of Health issued notice of proposed regulations that (1) provide clarity on the existing reporting obligations of Health Information Custodians under the Personal Health Information Protection Act, 2004 (PHIPA) and (2) empowers Ontario Health to develop and maintain amalgamated Electronic Health Records (EHRs) while refining the rules relating to…

Emergency Order Allows First Responders Access to COVID-19 Information

The Ontario government has made an order under the Emergency Management and Civil Protection Act (EMCPA) which allows specified first responders to have access to “COVID-19 status information” about persons with whom they are coming into contact in the course of their duties. The government announced that the information will be used solely for the purpose of permitting first responders “to take appropriate safety precautions to protect themselves and the communities they serve.”

Ontario Amends the ESA to Extend Employee Protections in Response to the COVID-19 Pandemic

On March 19, 2020, the Ontario Legislature met in an emergency session to pass legislation to extend protections for employees in light of the COVID-19 pandemic. Bill 186, the Employment Standards Amendment Act (Infectious Disease Emergencies), 2020 amends the leaves of absence provisions of the Employment Standards Act, 2000 (ESA) to provide more leave entitlements to employees impacted by the pandemic and to prohibit employers from requesting medical notes in relation to the new leave.

Hicks Morley Office Changes as of March 16, 2020

Hicks Morley continues to monitor changes to the COVID-19 situation.  Our priority has been and continues to be our firm members, our clients and the community.  We are making efforts to do our part to reduce the risk and effective immediately, we will continue to have lawyers and staff onsite but most of our lawyers…