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.

COVID-19 – Continuity of Pension Plan Administration and Related Regulatory Flexibility

During these uncertain times, pension plan administrators must continue to administer their pension plans and provide benefits to members, former members and retired members. Employers and pension plan administrators face a number of upcoming filing and disclosure deadlines and may have challenges in meeting those deadlines as a result of the COVID-19 pandemic.

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.

New Leave Relating to COVID-19 under Canada Labour Code

On March 25, 2020, the federal government passed Bill C-13, COVID-19 Emergency Response Act, which contains various fiscal and other measures designed to deal expeditiously with the COVID-19 pandemic in Canada. Included among these measures is an amendment to the Canada Labour Code (Code) which provides an unpaid leave of up to 16 weeks for employees who are unable or unavailable to work for reasons related to COVID-19. The COVID-19 Leave came into force on March 25, 2020.