News & Analysis as of

Canada Employee Privacy Rights

Stikeman Elliott LLP

Employee Privacy: Right to Access Personnel Files

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One area of practical importance to employers is an employee’s right to examine material contained in his or her personnel file. Often times an employee will request a copy of his or her employee personnel file. Sometimes the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Transferring Employee Data From Canada to the United States: Key Considerations for Employers

As of September 22, 2024, the final provision of Law 25, An Act to modernize legislative provisions as regards the protection of personal information, will take effect, establishing a new right to data portability for...more

Blake, Cassels & Graydon LLP

Biometrics in the Workplace: Issues and Legal Framework in Quebec

Employers are increasingly interested in the use of biometrics in the workplace. In fact, Quebec’s privacy regulator, the Commission d’accès à l’information (CAI), indicates in its 2023-2024 Annual Activity and Management...more

Littler

Canada: SCC Decision Offers Potential Insight into Privacy Rights for Private-Sector Employees

Littler on

In a significant decision focused on public employers, the Supreme Court of Canada (SCC) recently held that Ontario public school boards are “government” and, as such, they are subject to the provisions of the Canadian...more

A&O Shearman

The OPC and other privacy authorities release new resolutions on the privacy of employees and young people

A&O Shearman on

The Office of the Privacy Commissioner of Canada (the OPC) published two new resolutions which aim to protect the privacy of employees and young people, on 6 October 2023. The resolutions follow concerns of privacy federal,...more

Littler

Canada’s Office of Privacy Commissioner Revises Privacy Guideline on Employee Personal Information

Littler on

Earlier this year, the Office of the Privacy Commissioner of Canada (OPC) revised its guideline, Privacy in the Workplace, which addresses employee rights and workplace obligations with respect to employee personal...more

Stikeman Elliott LLP

Québec’s Law 25 and Privacy By Design: 5 Things to Remember When Configuring Information Systems

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The bulk of the “Law 25” amendments to Québec’s Act Respecting the Protection of Personal Information in the Private Sector (“PPIPS”) take effect on September 22, 2023. In a previous post, we discussed the internal policies...more

Bennett Jones LLP

New Guidance on Ontario's Electronic Monitoring in the Workplace Policy

Bennett Jones LLP on

As we discussed in our previous insight, Ontario Passes New Legislation Which Includes an Electronic Monitoring Policy and a New Act for Digital Workers, the Ontario government amended the Employment Standards Act, 2000 (the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Canada’s Federal Government Proposes Changes to Privacy Act

On June 16, 2022, the government of Canada tabled a bill that would make significant changes to privacy laws impacting employers in the federal jurisdiction. The new legislation, the Digital Charter Implementation Act (Bill...more

Stikeman Elliott LLP

Ontario Update: Proposed Legislation to Require Employers to Have Electronic Monitoring Policies

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On February 24, 2022, the Ontario government announced (the “Announcement”) its plan to introduce legislation that would require Ontario employers to inform their employees if and how they are being monitored electronically....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ontario’s Bill 88 Would Establish Electronic Monitoring Policies, Create Rights for Workers on Digital Platforms, and Require...

On February 28, 2022, the Government of Ontario introduced Bill 88, the Working for Workers Act, 2022. Bill 88 would enact the Digital Platform Workers’ Rights Act, 2022, which would establish rights for workers who offer...more

Littler

Ontario, Canada to Introduce Legislation Requiring Employers to Disclose Electronic Monitoring of Workers

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On February 24, 2022, Ontario announced that later this month, in an effort to protect the privacy of employees, it will be the first province to introduce legislation requiring employers to tell their workers if and how they...more

Bennett Jones LLP

The Right To Disconnect in Federally-Regulated Workplaces

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The "right to disconnect" refers to an employee's ability to not engage in work-related communications (emails, texts, telephone calls, video calls, etc.) while off duty....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Latest COVID-19 Conundrum: Can Employers Institute Temperature Checks at Workplaces?

Employers across the globe, faced with the need to reduce the risk of workplace transmission of COVID-19, may be contemplating imposing standard temperature screenings on their employees. In many jurisdictions, an employer...more

Blake, Cassels & Graydon LLP

Chicken Caught: Privacy Commissioner Confirms Video Surveillance Should Be Last Resort for Organizations

In the recently released Investigation Report P17-01, Use of employee surveillance by a BC chicken catching organization, the Office of the Information and Privacy Commissioner for British Columbia (OIPC) confirmed that...more

Blake, Cassels & Graydon LLP

Top 10 Employment & Labour Issues for Employers

1: Accommodation in the Workplace - OVERVIEW - Employers have a duty to accommodate employees’ needs based on those grounds protected under federal and provincial human rights legislation. All employers are required...more

Dorsey & Whitney LLP

Reductions in Force and the Older Workers Benefit Protection Act

Dorsey & Whitney LLP on

It is generally a good idea for companies not to disclose biographical information about their employees, such as marital status, religion, or age. Good HR professionals counsel managers not to ask for such information during...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Best Practices for Conducting Pre-Employment Background Checks in Canada

Many employers perform background checks before hiring their employees. The process could be as simple as checking an applicant’s professional credentials, education, and references, or as detailed as a criminal records check...more

Blake, Cassels & Graydon LLP

Legal Trends: Employment & Labour

In the past year, the media and governments across Canada have paid greater attention to workplace discrimination and harassment. In Ontario, for example, the government introduced Bill 132, Sexual Violence and Harassment...more

Fisher Phillips

Canadian Privacy 101: Employers Be Aware! Part I

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This is the first post in a three-part series. If you work for a U.S.-based company with Canadian operations, your organization probably understands its obligations to comply with Canadian employment and tax laws. But...more

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