Personal information received on an unsolicited basis is not “collected”

The Information and Privacy Commissioner of Ontario issued a notable privacy investigation report this past summer under of the Municipal Freedom of Information and Protection of Privacy Act (the “Act“). The complainants complained, amongst other things, that the Municipality in issue had improperly collected their personal information contained in correspondence they sent to the Municipality,…

Broader Public Sector Perquisites Directive Issued by the Ontario Government

Management Board of Cabinet has issued the Broader Public Sector Perquisites Directive (the Directive), dated August 2, 2011, which will apply to any person in a designated broader public sector (BPS) organization, including appointees, board members, elected officials (e.g. school trustees) and employees. The Directive has been issued under the provisions of the Broader Public…

Ontario Government Releases Final Integrated Accessibility Standards Regulation Under the AODA

On June 3, 2011, the Ontario government released the final Integrated Accessibility Standards regulation (the “Final Regulation”) under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA” or the “Act“). The Final Regulation combines accessibility standards in three areas – information and communication, employment, and transportation – and comes into force July 1, 2011….

Federal Budget Reintroduced June 6, 2011

On June 6, 2011, the Minister of Finance, the Honourable James M. Flaherty, reintroduced the Government of Canada’s “Budget 2011, the Next Phase of Canada’s Economic Action Plan—A Low-Tax Plan for Jobs and Growth.” In this FTR Now we provide a brief overview of the Budget highlights. As anticipated, the Budget includes all of the…

Perquisites Directive Issued by Ontario Government Now in Effect

INTRODUCTION Management Board of Cabinet (“MBC”) has issued a “Perquisites Directive” effective June 1, 2011 (“OPS Directive”) establishing rules regarding the provision of perquisites and an accountability framework for decision-makers. The OPS Directive will apply to certain public service employees and appointees of, for example, all ministries of the Ontario Government. It will not apply…

Ontario Pension Funding and JSPP Regulations Released

On May 20, 2011, the Ontario government filed amendments to the Pension Benefits Act Regulations (“Regulations”) that implement the first of many anticipated regulatory measures stemming from “Phase II” of Ontario’s pension reform initiative. The amendments outlined in O. Reg. 177/11 are in support of earlier amendments to the Pension Benefits Act made by Bill…

Deviation From Prescribed Waiver Form Proves Costly

In the administration of a pension plan, there are a number of situations which call for the use of prescribed forms. These forms often require decisions to be made that can affect the pension plan entitlements of members and other plan beneficiaries. Sometimes, in an effort to adapt and/or make the prescribed forms more readable…