As we previously reported, the Ontario government introduced Bill 89, the Supporting Children, Youth and Families Act, 2016 (Bill 89), omnibus legislation repealing the current Child and Family Services Act, and enacting new legislation in its place. Bill 89 received Royal Assent on June 1, but is not yet in force. Certain amendments to the…
Practice Area: Information, Data Security & Privacy
New PHIPA Regulation Sets Out Circumstances in Which Health Information Custodians Must Notify Privacy Commissioner
On June 29, 2017, the Ontario government filed O. Reg. 224/17 amending O. Reg. 329/04 (General) made under the Personal Health Information Protection Act, 2004 (Act). The Act was amended in 2016 by the Health Information Protection Act, 2016…
Supreme Court of Canada Grants Worldwide Injunction Against Google
On June 28, 2017, a majority of the Supreme Court of Canada granted a worldwide interlocutory injunction against Google, requiring it to de-index websites of a distributor, Datalink. Datalink was using those websites to illegally sell intellectual property of another company and was also in breach of several court orders. The decision indicates that Canadian…
FTR Quarterly – Issue 6
In This Issue Gender Identity and Gender Expression: Best Practices for Employers and Service Providers FTRQ&A – Bill C-45, the Cannabis Act Quick Hit – Changing Workplaces Review: A Bill 148 Timeline The Dos & Don’ts of Employment Reference Letters: Best Practices for Employers Featured Lawyer – Simon Mortimer Featured Group – Pay Equity Featured Articles…
CASL Update – Coming into Force of Private Right of Action Delayed
This is to provide an update on significant developments relating to Canada’s Anti-Spam Legislation (CASL) in light of a government decision to delay changes anticipated to come into effect on July 1, 2017 and to review the much-maligned enactment. Introduction of Private Right of Action Delayed The federal government issued an Order in Council yesterday…
Are You Properly Authorized to Make that Freedom of Information Decision?
This is a short reminder to our school board contacts about an often overlooked feature of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) – the assignment of formal powers and duties to the board of trustees itself…
Are You Properly Authorized to Make that Freedom of Information Decision?
This is a short reminder to our college contacts about an often overlooked feature of the Freedom of Information and Protection of Privacy Act (FIPPA) – the assignment of formal powers and duties to the Chair of the Board of Governors. These powers and duties include those related to the processing of freedom of information requests…
Court Renders Helpful Decision on Random Drug and Alcohol Testing
In a helpful decision for employers, Amalgamated Transit Union, Local 113 v Toronto Transit Commission, the Ontario Superior Court recently denied an application by the Amalgamated Transit Union, Local 113 and others (Applicants) for an interlocutory injunction to restrain the implementation of the Toronto Transit Commission’s (TTC) random drug and alcohol testing, pending completion of…
Private Right of Action Coming July 1 – Time for a CASL Health Check?
A new means of enforcing compliance with Canada’s Anti-Spam Legislation or “CASL” will come into force July 1, 2017, making it a good time for organizations to revisit CASL compliance and address any compliance problems…
Guidance for Organizations Sharing Information for Investigation/Fraud Purposes Issued by OPC
The Office of the Privacy Commissioner of Canada (OPC) recently provided guidance on the new provisions of the Personal Information Protection and Electronic Documents Act (PIPEDA) that allow organizations to share information for investigation and fraud prevention purposes. The amendments, in force since 2015, give organizations significant flexibility to address cyber-crime and fraud by allowing…