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.
Practice Area: Information, Data Security & Privacy
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.
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.
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…
Update on COVID-19 for Employers: Ontario to Amend the ESA to Protect Jobs
Today, the Ontario government announced that it will be introducing legislation to amend the Employment Standards Act, 2000 (ESA) in light of COVID-19. In addition, the federal government announced, among other things, that the Canadian border will be closed to foreign nationals, with some exceptions.
Update: COVID-19 – Questions and Answers for Employers
As we learn more about the Novel Coronavirus (2019-vCoV or Coronavirus), employers will no doubt be contemplating the potential implications of this virus on their workplaces. We have set out below some of the emerging questions that employers may have right now and our answers and guidelines for how to address these issues.
Hicks Morley’s Response to COVID-19
All of our offices are presently open for business. As recognized leaders in the areas of employment and labour law, Hicks Morley is well-positioned to assist you in your compliance obligations, developing contingency plans and managing the health and safety of your workforce. We have developed a dedicated webpage as a resource regarding the Coronavirus (COVID-19) to assist employers in navigating the potential impact this pandemic may have on your workplace.
Lesley A. Campbell
Lesley Campbell provides practical advice and representation to employers and management in both the private and public sectors on a wide range of employment, human rights, and labour issues such as wrongful dismissals, claims of discrimination and harassment, and grievances. Her practice includes employment litigation, human rights proceedings, arbitration advocacy, privacy, and judicial review. Lesley has appeared as counsel in all levels of court in Ontario (Superior Court of Justice, Divisional Court, Court of Appeal), the Supreme Court of Canada, as well as in various Ontario Tribunals. Lesley holds a Certified Information Privacy Professional – Canada (CIPP/C) designation from the International Association of Privacy Professionals.