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5 Key Changes to Newfoundland & Labrador’s OHS Workplace Violence & Harassment Prevention obligations effective January 1, 2020

Violence and harassment is an unfortunate reality of society – and of the workplace. Since April 1, 2019 (when New Brunswick’s new workplace anti-violence and harassment regulations took effect) every Canadian province and territory has an occupational health and safety regulatory scheme dealing specifically with workplace violence.

 

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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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A reasonable expectation of privacy: The application of R v. Jarvis to the employment context

The recent Supreme Court of Canada decision in R v. Jarvis addressed the circumstances that give rise to a reasonable expectation of privacy. While the case directly considered whether certain recordings violated the Criminal Code, the Court’s broad analysis of when a reasonable expectation of privacy exists applies outside the criminal context, with relevance to employers.

 

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Clauses to include in an employment contract

Employers in Ontario should require employees to sign an employment contract before starting work.

 

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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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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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Top 10 most-read First Reference Talks blog posts for 2018

This year on the First Reference Talks blog we’ve been covering some of the hot topics in employment and labour law and employee management.

 

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What employers should know about conducting police record checks

The Police Record Checks Reform Act, 2015 standardized police record checks in Ontario as of November 1st 2018. Ontario Employers who conduct police record checks in regards to hiring employees or other purposes must know the requirements of this new legislation:

 

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Just cause for dismissal: context is key

Determining what conduct amounts to just cause for dismissal is no easy task. In part this is due to just cause being inherently situation specific. When describing what may constitute just cause, employment lawyers often refer to extreme examples: think of situations where a public-facing employee makes repeated racial slurs to a customer or commits […]

 

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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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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with a recent Ontario Court of Appeal decision that clarified the limitation period for a wrongful dismissal claim starts as soon as working notice is provided, the Morneau Shepell survey which shows employers in Canada are expecting salaries to increase by an average of 2.6 percent in 2019, and guidelines on obtaining meaningful consent.

 

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Privacy Commissioner of Canada provides guidance on meaningful consent

Obtaining meaningful consent represents a significant responsibility, and the Privacy Commissioner has created a checklist to assist organizations in achieving compliance.

 

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Privacy Commissioner of Canada provides guidance on inappropriate data practices

The Privacy Commissioner has outlined several “No-Go Zones”, and organizations are recommended to avoid collection, use and disclosure of personal information for these inappropriate purposes.

 

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Proposed personal information protection in Ontario

The new proposed Bill 14 would apply to every “organization”, which is defined as including persons, unincorporated associations and other organizations but does not include certain individuals, public bodies (some of which include the government, a municipality, or a municipal board of Ontario) and Ontario courts.

 

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