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Archive for ‘Substantive Law: Legislation’

Be Heard: The Ontario Ministry of Labour Wants to Hear From You!

Public consultations commenced in Toronto on June 16th as part of the Ontario Ministry of Labour’s (“MOL”) implementation of the Changing Workplaces Review, and are expected to continue throughout the summer until mid-September.

The Changing Workplaces Review was announced earlier this year as part of MOL’s mandate to increase protection for workers and create a support environment for businesses to thrive. The review will consist of public consultations in regions across Ontario to address the changing nature of the modern workplace. The consultations will focus on potential amendments to the Labour Relations Act, 1995 (“LRA”) and the Employment . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law: Legislation

Accessibility Action Plan Outlines Incentives, Tools

On June 3, 2015—the 10th anniversary of the Accessibility for Ontarians with Disabilities Act (AODA)—Ontario’s government introduced an accessibility action plan, which establishes measures to meet the goal of an “accessible Ontario” by 2025. The action plan also responds to the Report on the Accessibility for Ontarians with Disabilities Act review released in February 2015. . . . [more]

Posted in: Miscellaneous, Substantive Law, Substantive Law: Legislation

Digital Privacy Act Amends PIPEDA

Several amendments were made last week to PIPEDA, the federal private sector privacy legislation. This has been sitting around in draft for a long time. Except for sections creating a new mandatory breach notification scheme, the amendments are now in force. The breach notification scheme requires some regulations before it comes into effect. More on that at the end of this post.

Several of these changes were long overdue, and bring PIPEDA more in line with some of the Provincial Acts that were drafted after PIPEDA.

Here are some of the highlights that are in force now:

  • The business contact
. . . [more]
Posted in: Substantive Law: Legislation

Province Introduces Legislation That Would Protect Whistleblowers From Reprisal, Prevent Disclosure of Identities

On June 11, the Manitoba government introduced proposed amendments to the Public Interest Disclosure Act to protect whistleblowers from reprisal, prevent disclosure of identities and give designated officers greater powers to investigate wrongdoing. . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Ontario to Outlaw Phantom Real Estate Bids

Starting July 1, 2015, real estate professionals in Ontario will not be allowed to imply that they have received an offer to purchase unless the offer is in writing and has been signed. The new rules, which have been established by the Liberal government and the Real Estate Council of Ontario (RECO), are designed to eliminate the possibility of phantom bids in multiple offer situations.

It will no longer be open to agents to try to drive up the sale price by saying that they have, or are expecting, another offer that in reality does not exist.

Although the existing . . . [more]

Posted in: Substantive Law: Legislation

New Criminal Background Check Legislation Introduced in Ontario

New legislation has been introduced to impose strict regulations on what information can be released in a police record check. Ontario’s Minister of Community Safety and Correctional Services, Yasir Naqvi, presented Bill 113, the Police Record Checks Reform Act, into the provincial legislature this week. Mr. Naqvi stated that “the main thrust of the legislation is to strictly limit the disclosure of non-conviction information and prohibit the disclosure of non-criminal information such as mental health information”.

This new legislation comes as a response to criticisms of the release of non-criminal information creating barriers for people’s education, employment, volunteering, and other . . . [more]

Posted in: Substantive Law: Legislation

Ontario Ministry of Labour Blitz

Ontario’s Ministry of Labour made headlines last week when they began an annual blitz on potentially abusive employers. The purpose was to target employers who take advantage of workers by failing to adhere to the requirements outlined in the Employment Standards Act. The targeted industries, according to the Ministry, include fitness and recreation, restaurants and janitorial services. The Ministry’s goal is to hold employers accountable for respecting employee entitlements such as minimum wage, eating periods and overtime pay.

The crackdown comes on the heels of amendments to the Employment Standards Act that came into force recently. The amendments, which stem . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Web Site Accessibility Standards in Ontario

The Regulation on Integrated Accessibility Standards under the Accessibility for Ontarians with Disabilities Act (AODA) provides, in s. 14, that ‘large organizations’

‘shall meet the requirements of this section in accordance with the following schedule:
1. By January 1, 2014, new internet websites and web content on those sites must conform with WCAG 2.0 Level A.’

Are your clients or other large organizations you know of complying with this obligation? Have they sought your advice on how to comply?

I ask not in order to send in the forces of order (‘not my department’, as we say in government), but . . . [more]

Posted in: Substantive Law: Legislation, Technology: Internet, ulc_ecomm_list

WSIB Proposing Significant Changes for Employers

Ontario’s Workplace Safety and Insurance Board (WSIB) is proposing significant changes to the employer Rate Group Classification System and premium rate-setting processes. Consultations are underway, and the board expects to start implementing the proposed changes starting in 2018, with full implementation by 2021. The “Proposed Preliminary Rate Framework” aims to simplify the system and make it fairer. . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Privacy Torts as the Next Best Alternative

Which laws exist to protect patients from snooping eyes of health care providers?

Disciplinary hearings were held over the past few weeks in Ontario for nurses who looked at patient files without authorization. Despite the knowledge of several of these instances, there has never been a successful conviction of the Personal Health Information Protection Act (PHIPA) since coming into force a decade ago, and some people are starting to ask why.

One of the major challenges is the regulatory regime itself, which is particularly unwieldy and requires prosecution by the Attorney General. The Health Minister has already promised to simplify . . . [more]

Posted in: Education & Training: Law Schools, Substantive Law: Legislation

Manitoba’s Legal Landscape Is Changing

The prairie landscape is notorious for its endless horizons, enabling the traveller to see far ahead. This long view is evident in recent changes proposed to regulation of the legal profession in Manitoba, changes that are clearly oriented toward the future.

As reported on Canadian Lawyer’s Legal Feeds blog last week, the Manitoba government on May 7, 2015 introduced a number of amendments to The Legal Profession Act.

The proposed amendments included in Bill 19 include:

  • Altering the composition of the governing body of benchers
  • Amending the definition of a law firm
  • Permitting the regulation of law firms
. . . [more]
Posted in: Practice of Law: Future of Practice, Substantive Law: Legislation