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Atlantic Employers’ Counsel – Summer 2014

The Editor’s Corner

Clarence Bennett

Summer is halfway over, but we know you will want to take this edition along with you while you enjoy more summer weather and time out of the office.

Employers are struggling to keep ahead of the curve with the recent rise of legislated and expanded common law rights to privacy. This edition focuses on understanding the privacy legal landscape in Atlantic Canada, discusses some very recent privacy and disciplinary decisions employers should be aware of, provides informative tips for ensuring that your workplace is as privacy proof as possible and points out the hazards of social media when it comes to workplace privacy.

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Privacy: what laws apply in Atlantic Canada?
Ian Wallace

With increasing digitalization and the potential harm resulting from violations of an individual’s privacy or unauthorized disclosure of one’s personal information, employers must remain diligent in efforts to collect, retain and disclose personal information and promote a culture of respect regarding the privacy of their employees.

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Preparing for the office snoop: protect employee privacy and limit your liability
Murray Murphy, QC, CHRP 

Advances in technology have brought privacy issues to the forefront of Canadian society, and the workplace is no exception. Employers need to consider privacy and confidentiality for not only their customers, but also their employees.

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Tips on what your confidential information policies must have
Grant Machum and Alison Strachan

Confidentiality at work has become increasingly important and the employee’s responsibility to keep private and confidential information is just that, private and confidential. Questions from employers about what must go into this type of policy have become routine, mainly due to the global nature of communications today and how easily information can be circulated and accessed.

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Employee privacy breaches – do they warrant discipline?
Richard Petrie

In 2012 the Ontario Court of Appeal first established the tort of intrusion upon seclusion to Canadian law in . Relying on Jones v Tsige Apart from the obvious impact of this case on those who are the victims of a privacy breach, the case has raised interesting questions in the field of labour and employment law. Namely, it places strong pressure on an employer to ensure prompt and sufficient discipline against employees who breach privacy rules in an effort to mitigate potential tort claims.

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The impact of social media on privacy: why you need a social media policy
Clarence Bennett and Alison F. Strachan 

One of the first social media confidentiality cases arose out of a health care employment relationship. In CAW-Canada, Local 127 (J.C.) v. Chatham-Kent (Municipality), [2007] OLAA No. 135 (QL), the grievor was a personal caregiver with eight years service and some history of discipline. She was discharged after making a number of blog entries and posting photos.

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Recognizing subtle discrimination in the workplace: insights from recent legal cases

March 4, 2024

By Sheila Mecking and Michiko Gartshore Subtle discrimination can have a much stronger and longer effect on employees when not properly addressed. It can also result in costly consequences for an employer who does not…

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Immediate changes to travel eligibility for citizens of Mexico

February 29, 2024

By Brittany Trafford and Brendan Sheridan Today Immigration, Refugees and Citizenship Canada (“IRCC”) has announced significant changes to the travel requirements for Mexican citizens. As of February 29, 2024 at 11:30p.m. Eastern Time, all electronic…

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Updated guidance on business reporting obligations under Canada’s supply chain transparency legislation

February 23, 2024

By Christine Pound, ICD.D., Twila Reid, ICD.D., Sarah Dever Letson, CIPP/C, Hilary Newman and Daniel Roth Introduction As we reported on November 30, 2023, the Fighting Against Forced Labour and Child Labour in Supply Chains…

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Trustees beware! New trust reporting and disclosure requirements under the Income Tax Act are here – are you ready for them?

February 21, 2024

By Richard Niedermayer, K.C., TEP  & Rackelle Awad New trust disclosure rules originally announced on February 27, 2018, are now in force, and trusts with taxation years ending on or after December 31, 2023 are…

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Proposed Criminal Interest Rate Regulations: exemptions to the lower criminal interest rate

February 14, 2024

By David Wedlake and Andrew Paul In late December 2023, the Federal Government issued draft Criminal Interest Rate Regulations under the Criminal Code. These proposed regulations follow the Budget Implementation Act, 2023, No. 1 which…

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Outlook for 2024 Proxy Season

February 9, 2024

By Andrew Burke, Colleen Keyes, Gavin Stuttard, David Slipp and Logan Walters With proxy season on the horizon, many public companies are once again preparing their annual disclosure documents and shareholder materials for their annual…

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Significant changes announced for new study permit applications

February 6, 2024

By Brendan Sheridan and Tiegan Scott The Government of Canada recently announced further changes to the international student program that not only limits the number of new study permit applicants per year, but also increases…

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Plans of arrangement come to Newfoundland and Labrador

January 30, 2024

By Tauna Staniland, K.C., ICD.D, Joe Thorne, and Nadine Otten What can you do when your corporation wants to complete a complex transaction requiring significant corporate restructuring that cannot be easily completed under the corporation’s…

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Energy Watch

January 29, 2024

Stewart McKelvey is pleased to present Energy Watch – a review of key legislative and policy advancements in the renewable energy sector in 2023 in each of Newfoundland and Labrador, Nova Scotia and New Brunswick…

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Beyond the border: A year end immigration wrap-up

December 21, 2023

We are pleased to present Beyond the border: A year end immigration wrap-up. Compiled by Lawyers from our Immigration team, this 2023 update covers topics including the Government of Canada’s ambitious immigration plans for the future;…

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