The Bill 54 amendments to Alberta's Personal Information Protection Act came into force on May 1, 2010.
The impact of the amendments - which are found in the Personal Information Protection Amendment Act, 2009 (S.A. 2009, c.50) and the Personal Information Protection Act Amendment Regulation - are addressed in three new Information Sheets published by the Alberta government:
- Information Sheet #10 provides an overview of the amendments generally.
- Information Sheet #11 provides an overview of the legislated process now in place for notification where there has been a security breach in relation to personal information.
- Information Sheet #12 explains the Act's new provisions for notification and for policies and practices with respect to service providers outside Canada in the context of the Act's existing requirements.
Does the Ontario Human Rights Code ("OHRC") protect employees charged with a criminal offence? The answer is "no" based on a series of decisions by the Ontario Human Rights Tribunal ("OHRT") over the last year.
Ontario Human Rights Code
The OHRC prohibits discrimination in employment on the basis of an employee's "record of offences". The OHRC states that "record of offences" means a conviction for:
(a) an offence in respect of which a pardon has been granted under the Criminal Records Act (Canada) and has not been revoked, or
(b) an offence in respect of any provincial enactment.
Decision in de Pelham v. Mytrak Health Systems Inc.
In a February 2009 decision, de Pelham v. Mytrak Health Systems Inc. 2009 HRTO 172 (CanLII), the chair of the OHRT ruled that the "record of offences" provisions do not encompass criminal charges. Specifically, he stated: read more »
Making single mother work night shifts not discrimination based on family status, Alberta arbitration board rules
A three-person Alberta arbitration board has ruled that making a single mother of a 11 year-old work 30 or so night shifts a year is not discrimination based on family status. The case is Government of Alberta (Solicitor General Department) and Alberta Union of Provincial Employees ("Jungwirth Grievance") (February 15, 2010).
As it relates the law in this unsettled area, the board stated: read more »
Upcoming labour, employment and human rights law conferences in Western Canada/the Pacific Northwest
Here is a partial list of upcoming labour law, employment law and human rights law conferences in Western Canada/the Pacific Northwest:
17-18: 2010 Vancouver Human Rights and Accommodation Conference, (Lancaster House)
18: Legal Symposium: Developing Your Employment Law Knowledge, Surrey, BC (BCHRMA)
14-15: The 2010 Accommodation Conference, Regina, SK (labourlawonline.ca)
28-29: The 2010 Accommodation Conference, Edmonton, AB (labourlawonline.ca) read more »
The Bill 54 amendments to Alberta's Personal Information Protection Act (PIPA) were passed last year and will come into force at a, as yet, undetermined date in the future.
This article by law firm McCarthy Tetrault states that, among other things, the amendments will clarifiy and expand an organizations' obligations under the Alberta PIPA relating to:
- transferring personal information to service providers outside Canada;
- collecting, using or disclosing employee information;
- personal information that is lost, or that is accessed or disclosed, without authorization; and
- personal information that is no longer reasonably required.
Lancaster House has announced the details of its 2010 Calgary Labour Arbitration and Policy Conference. The conference will be held on June 10 and 11, 2010 at the Westin Calgary. It will be co-chaired by Arbitrator John Moreau, union counsel Leanne Chahley (Blair Chahley) and employer counsel, Barbara Johnston (Stikeman Elliott LLP). Early bird rates are available until Februry 12, 2010. More information can be found here.
Sexual harassment allegations not supported but abusive behaviour by manager led to constructive dismissal
In Cooke v. HTS Engineering Ltd., 2009 CanLII 73907 (O.N.S.C.), the court found that the former employee's allegations of sexual harassment were not supported, but that the manager's abusive behaviour supported a finding of constructive dismissal.
By way of contrast, in a recent decision out of Alberta - Pawlett v. Dominion Protection Services Ltd., 2008 ABCA 369 - the Alberta Court of Appeal upheld the trial judge's decision that sexual harassment by the boss led to a constructive dismissal.
In Consolidated Fastfrate Inc. v. Western Canada Council of Teamsters, 2009 SCC 53, the majority of the Supreme Court of Canada ruled that a national freight forwarder is provincially regulated.
- A summary of the case by Alberta firm McLennan Ross is here: "Supreme Court Upholds Provincial Powers Over Labour Relations" (January 5, 2010).
- A summary of the case by Fraser Milner Casgrain can be found in their Spring 2010 newsletter: "Consolidated Fastfrate: How a Recent Supreme Court of Canada Decision Will Assist Employers With Their National Labour Strategies".
Alberta organization collecting more information than necessary by asking about pardoned convictions on application forms
In a recent order (Order P2009 - 004, November 9, 2009), the Alberta Privacy Commissioner's Office has ruled that the Real Estate Council of Alberta was collecting more personal information than necessary by asking about pardoned convictions on its brokerage licence application forms.