Arbitrator Etherington recently dismissed a grievance that challenged a university’s decision to provide its faculty with cloud-based e-mail service.
Practice Area: Information, Data Security & Privacy
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.
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…
Ontario Permits Certain Clinicians to Access Personal Health Information Through the Provincial Electronic Health Records
On May 1, 2020, the Ontario government made a new temporary emergency order under the Emergency Management and Civil Protection Act which authorizes certain persons access to provincial electronic health records.
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.”
Extraordinary Times – Limitations on Liberty and Privacy under the Health Protection and Promotion Act
On April 1, 2020, Ontario’s Chief Medical Officer urged his local public health counterparts to order COVID-19 patients and their contacts into quarantine. The situation, according to the Chief Medical Officer, is such that measures need to be put in place in order to manage this pandemic. Extraordinary times call for extraordinary measures and implementing the broad order-making powers of medical officers of health under the Health Protection and Promotion Act (HPPA) may be where we are headed. This means placing limitations on a person’s liberty and privacy.
Advantage CPD: Going Viral – COVID-19 Advice for Employers
As the number of confirmed cases of COVID-19 in Canada continues to rise, so too are the challenges that employers are facing across the country. Join us for a one-hour webinar as our presenters answer frequently asked questions and provide information on some of the key issues affecting employers with respect to the virus.
Employers Take Note: New PHIPA Amendments
On March 25, 2020, the provincial government passed Bill 188, Economic and Fiscal Update Act, 2020, which amends various statutes, including the Personal Health Protection Information Act, 2004 (PHIPA). Included among these amendments are new requirements for health information custodians relating to electronic audit logs, requirements for “consumer electronic service providers,” the ability of justices to make production orders, administrative penalties that can be issued by the Information and Privacy Commissioner of Ontario (Commissioner) and a significant increase in the amount of penalties and possible imprisonment for offences. Unless otherwise indicated, these amendments came into force on March 25, 2020.
Advantage CPD: COVID-19 Catch-up – What Employers Need to Know About the New Changes
A lot can change in a week. With a view to containing the COVID-19 pandemic, there has been a flurry of announcements at the provincial and federal levels, including a Declared Emergency by the Ontario Government. From the mandatory closure of certain facilities, to the waiving of the waiting period for Employment Insurance (EI) sickness benefits for quarantined employees, closure of borders to non-essential travel, extension of the EI work-sharing program, and prohibited gatherings of over 50 people, new measures are being announced at a rapid pace.
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.