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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

Federal Court of Appeal dismisses Air Canada pilots’ appeal regarding mandatory retirement at age 60

In a decision dated August 9, 2019, the Federal Court of Appeal dismissed an appeal made by Air Canada pilots regarding their age discrimination claim.

 

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PIPEDA Interpretation Bulletin regarding safeguards

The Privacy Commissioner of Canada has an Interpretation Bulletin dealing with privacy safeguards that can serve as helpful guidance for organizations who are subject to the Personal Information Protection and Electronic Documents Act (PIPEDA).

 

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Privacy considerations when organizations use “bring your own device programs”

The Privacy Commissioner of Canada, together with Offices of the Information and Privacy Commissioners of British Columbia and Alberta, created the document, Is a Bring Your Own Device (BYOD) Program the Right Choice for Your Organization? in 2015 that is still relevant today.

 

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Recent reports regarding privacy: 2018-2019 survey of Canadians on privacy and 2017 survey of Canadian businesses on privacy-related issues

The Privacy Commissioner of Canada has a mandate to protect and promote privacy rights of Canadians, and this includes conducting public opinion research with the general population and also with Canadian businesses on privacy-related issues.

 

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What is the right to disconnect, and does it apply in Canada?

The right to disconnect refers to employees’ ability to disconnect from work and not engage in work-related communications while they are off-duty.

 

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R v Jarvis: the Supreme Court of Canada clarifies the interpretation of “reasonable expectation of privacy” in the context of section 162(1) of the Criminal Code of Canada

On February 14, 2019, the Supreme Court of Canada made a landmark decision in R v Jarvis with its interpretation of the meaning of “reasonable expectation of privacy” in the context of section 162(1) of the Criminal Code of Canada involving a criminal offence of voyeurism.

 

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Privacy Commissioner releases guidance document regarding cannabis transactions and privacy protection

The Office of the Privacy Commissioner of Canada recently released a guidance document to help cannabis retailers and purchasers understand privacy rights and obligations under the Personal Information Protection and Electronic Documents Act (PIPEDA).

 

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Over $3 million in adjustments following wage gap monitoring: continued need for monitoring is clear

Ontario’s Pay Equity Commission recently released results of the Wage Gap Monitoring Program 2018. And it’s clear that there is a continued need for monitoring.

 

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Privacy Commissioner of Canada’s consent guidelines are in effect as of January 1, 2019

Last spring, the Office of the Privacy Commissioner of Canada released an important guidance document concerning meaningful consent. It now applies as of January 1, 2019.

 

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Proposed domestic violence leave of absence in Newfoundland and Labrador would take effect January 1, 2019

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Several provinces have created or are beginning to add a statutory domestic violence leave of absence to their employment standards legislation, including Ontario, Saskatchewan, Manitoba, Prince Edward Island, Nova Scotia and New Brunswick. In Newfoundland and Labrador Bill 32 amends the Labour Standards Act to establish such a leave.

 

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Four proposed prohibited grounds of discrimination

On September 26, 2018, a private member’s Bill 35, Human Rights Code Amendment Act, 2018 was introduced and received first reading in the Ontario legislature. The goal of Bill 35 is to add immigration status, genetic characteristics, police records, and social condition as prohibited grounds of discrimination in Ontario’s Human Rights Code.

 

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Privacy Commissioner of Canada seeks feedback on breach reporting guidance

On September 17, 2018, the Office of the Privacy Commissioner of Canada (Privacy Commissioner) invited stakeholders to provide feedback on a draft guidance and draft breach reporting form entitled What you need to know about mandatory reporting of breaches of security safeguards by October 2, 2018.

 

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Update regarding the sale of cannabis in Ontario

marijuana dispensary

Employers need to become aware of recent developments to the sale of cannabis rules and should note that Ontarians will only be allowed to use recreational cannabis in a private residence, including the outdoor space of a home. Recreational cannabis use will not be allowed in any public spaces, workplaces or motorized vehicles.

 

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Cannabis regulations to support the coming into force of the Cannabis Act

In regards to cannabis in the workplace, employers are recommended to respond by proactively having appropriate policies and procedures in place, and training employees on these policies and procedures. Much will change in the coming months as cannabis becomes legal in Canada. Employers need to be prepared.

 

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Senate gives royal assent to Cannabis Act and it will become effective October 17, 2018

The Government of Canada has prepared some instructive material for Canadians in order to ensure that they are generally better prepared for what is to come now that Bill C-45 has received Royal Assent.

 

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