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Author Archive - Christina Catenacci

Christina Catenacci, BA, LLB, LLM, was called to the Ontario Bar in 2002 and has since been a member of the Ontario Bar Association. Christina worked as an editor with First Reference between February 2005 and August 2015, working on publications including The Human Resources Advisor (Ontario, Western and Atlantic editions), HRinfodesk discussing topics in Labour and Employment Law. Christina has decided to pursue a PhD at the University of Western Ontario beginning in the fall of 2015. Read more

Workplace organizational behaviour part II: Perception

Behaviour in the workplace is based on people’s perception of it. In this post, let’s examine how one’s perception influences productivity, absenteeism, turnover and job satisfaction.

 

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Privacy Commissioner of Canada creates draft guidance document outlining inappropriate data practices and no-go zones

On September 28, 2017, the Privacy Commissioner of Canada created a draft guidance document providing clarification on inappropriate data practices, specifically focusing on subsection 5(3) of the Personal Information Protection and Electronic Documents Act (PIPEDA). This provision is entitled, “Appropriate purposes”, and states that, “an organization may collect, use or disclose personal information only for purposes that a reasonable person would consider are appropriate in the circumstances”.

 

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Update on genetic discrimination provisions in human rights legislation

Canada is on its way to including genetic discrimination provisions in its human rights legislation. Since March 2017, some interesting developments have occurred.

 

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Proposed privacy breach of security safeguards under PIPEDA

Organizations that have control over an individual’s personal information are recommended to become familiar with the proposed requirements so that they are prepared to respond to the changes.

 

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Privacy information: Cookieless identification and tracking of devices

On August 21, 2017, the Office of the Privacy Commissioner of Canada released an informative piece regarding cookieless identification and tracking of devices.

 

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Privacy Commissioner provides some tips for businesses regarding passwords

The Privacy Commissioner Canada has recently released some tips for mitigating risk to businesses involving passwords. One main problem is that individuals use the same password for multiple accounts – this puts them at a much higher risk of experiencing a breach.

 

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Certification and recertification requirements change for federally regulated workplaces beginning June 22, 2017

Employers in unionized workplaces are recommended to become familiar with the changes made by Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Ac and take a careful look at the transitional provisions in Bill C-4 in the case where there is an existing application with the Board.

 

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Recent developments: Gender identity and gender expression proposed legislation

Having this type of legislation in your jurisdiction means that employers operating in that particular jurisdiction cannot refuse to employ or refuse to continue to employ any person, or discriminate against any person with regard to employment or any term or condition of employment, because of a person’s gender identity or gender expression.

 

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Proposal to legalize marijuana: What does this mean for employers?

On April 13, 2017, Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, was introduced by the federal government in order to enact the Cannabis Act. You may be wondering, what does this mean for employers?

 

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New Brunswick’s Human Rights Act: Amendments proposed

On March 15, 2017, Bill 51, An Act to Amend the Human Rights Act, received first reading in the New Brunswick legislature, and second reading the next day. The goal of the changes is to modernize the legislation and increase its efficiency. Indeed, this has been the first extensive review of the legislation in 25 years. These changes come on the 50th anniversary of the Human Rights Act. The ultimate goal of the review was to evolve with society and ensure that values are protected. Bill 51 aims to do just this.

 

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Genetic discrimination provisions in human rights legislation: Will Ontario be the first Canadian jurisdiction?

Canada is on its way to including provisions in human rights legislation that prevents discrimination based on a person’s genetic characteristics. The issue is that a person can experience discrimination and harassment simply because of something that may be—something that has the potential of happening. Employers must be aware that human rights legislation is in the process of evolving to include provisions to prevent this type of discrimination, and this will apply in the workplace as well.

 

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Guide to recent noise regulation released

Noise is a serious health hazard, and if worker exposure is not eliminated or controlled, it can cause permanent hearing loss, physical and psychological stress, reduced productivity, and significant interference with communication causing further accidents and injuries. The Ontario Ministry of Labour has released a revised noise guideline in December 2016 to accompany Ontario Regulation 381/15. Regulation 381/15, effective July 1, 2016, sets out requirements for noise protection in all workplaces in the province.

 

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Principle of accountability under PIPEDA

Under Personal Information Protection and Electronic Documents Act (PIPEDA), there is nothing that prevents organizations from outsourcing the processing of data inside or outside of Canada—however, organizations must take all reasonable steps to protect that information from unauthorized uses and disclosures when it is in the hands of third party processors. This is where accountability, the first principle in PIPEDA, comes in; and there are obligations to meet regarding training staff that are highly relevant.

 

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“Safeguarding” personal information clarified

You may be wondering, what exactly is “safeguarding” personal information? Thankfully, the Office of the Privacy Commissioner of Canada has clarified how safeguarding can reduce the risk of privacy breaches.

 

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BYOD program in the workplace: Some considerations

As an employer, you may be contemplating creating a bring your own device program in the workplace. There are several advantages to having such a program—companies can save a great deal of money and make employees happy by allowing devices in the workplace. However, there are significant concerns that need to be addressed if this is the direction the company wishes to take.

 

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