McInnes Cooper Privacy Lawyer David Fraser on Workplace Privacy Issues

On September 12, 2023, the New Brunswick Court of Kings Bench sentenced a front-line supervisor who “did nothing he was required to do” to…

There’s a new scam on the web: Electronic Fund Transfer (EFT) scams. Most are familiar with established scams like phishing and ransomware and…

You’ve experienced a workplace accident that’s resulted in serious injury to, or worse the death of, an employee. Do you need legal counsel…

Effective June 23, 2023, Section 45(1.1) of the Competition Act makes it a criminal offence for all unaffiliated employers to enter into…

Employers understand the risk that departing employees will take sensitive information, compete for customers and solicit other employees.…

You arrive at the legendary Madison Square Garden to catch the Mariah Carey concert. It’s the big event of the trip – the reason you came to…

Employees used to gather around the water cooler to share views on controversial issues, discuss co-workers and complain about their employer.…

While the December 2021 Bill C-223, An Act to Develop a National Framework for a Guaranteed Livable Basic Income seems to have died in both…

The benefits to employees, and often to employers, of remote work has made it a staple of today’s workplace. But the move to remote work…

NOTE: On November 8, 2023, the N.B. Court of Kings Bench heard the employer's application for judicial review of the adjudicator's decision. The…

Immigration continues to play a key role in addressing Canada’s labour and skills shortage. Immigration, Refugees and Citizenship Canada…

On March 21, 2023, the Nova Scotia Minister of Health and Wellness introduced Bill 256, Patient Access to Care Act. If passed, Bill 256 will…

On February 15, 2023, a New Brunswick adjudicator awarded Dr. John Dornan, the suddenly dismissed CEO of N.B. Health Authority, what might be…

2022 left important lasting implications for employers. With 2023 here, it’s time to look ahead to key issues that will affect employers in…

Many Canadian employers continue to be challenged not only with hiring the right number of people, but with finding candidates with the right…

On January 26, 2023, the Office of the Privacy Commissioner of Canada (OPC) released a report of findings requiring companies using targeted…

In November 2022, the Ontario Court of Appeal definitively decided an organization whose information systems are breached by a malicious third…

2022 is in the rearview mirror, but the past year left lasting implications for employers. Here’s a retrospective on five of the key 2022…

The COVID-19 pandemic drove remote work to unprecedented heights. Employee calls for greater flexibility, and cost savings for employers, have…

When Prime Minister Trudeau announced that September 19, 2022 would be a National Day of Mourning for Queen Elizabeth II, the Atlantic provinces…

There’s a new privacy law coming to Canada. In June, the federal government introduced a complete overhaul of the privacy law regime that both…

On June 16, 2022, the federal government took a second shot at a complete overhaul of the private sector privacy law regime that both protects…

The current labour crunch is only strengthening the business case for building a workplace that’s welcoming to diverse employee pools –…

We updated this publication on July 28, 2023. Effective June 1, 2022, Bill 119 amended the P.E.I. Employment Standards Act to add new pay…

The COVID-19 pandemic is (arguably) gone but the pre-pandemic labour crunch - for both white and blue collar workers - is back. And there’s no…

The COVID-19 pandemic changed many aspects of the workplace for good – but pre-pandemic labour shortages isn’t one of them. While the…

While the Canada emergency response benefit (CERB) has ended, the focus on the concept of a universal or guaranteed basic income the COVID-19…

COVID-19 public health restrictions are coming to an end, even though the COVID-19 virus is not. Employers face reconstructing their workplace…

In February 2022, thousands of people led by a convoy of trucks (many displaying company logos) from across Canada congregated in Ottawa and…

As the Omicron wave wanes, and COVID-19 moves from pandemic to endemic, provincial governments have quickly pivoted to loosening – some even…

We updated this publication on December 15, 2022. On May 17, 2022, the P.E.I. Non-disclosure Agreements Act took effect, significantly…

Since COVID-19 vaccinations rolled out, employers have grappled with workplace COVID-19  vaccination policies, with little guidance from courts…

We updated this publication on December 21, 2022. The name of the game is to have a plan to mitigate the risk that a data breach will happen…

This publication has been updated as at January 26, 2022. Since COVID-19 vaccinations rolled out, employers have been grappling with how to…

As COVID-19 continues, many workplaces have morphed from remote work arrangements into hybrid arrangements for many employees. By necessity,…

COVID-19 forced many employers to make temporary, and even permanent, changes to the terms of employees’ employment, from scheduling and…

On October 22, 2021, the Supreme Court of Canada, in Northern Regional Health Authority v. Horrocks, clarified that labour arbitrators have…

We updated this publication on December 14, 2022. COVID-19 has been changing Canadian workplaces for 18 months. For some employees, the…

Many now agree: it’s imperative that workplaces be both diverse and inclusive. Perhaps the most often-quoted (and definitely most succinct)…

As of January 1, 2021, federally regulated employers (such as banks, telephone and cable systems, most federal Crown corporations,…

This publication has been updated as at August 27, 2021. With the COVID-19 vaccine widely available, and the COVID pandemic continuing,…

Close to five million Canadians who didn’t usually work from home, did so in 2020 because of the COVID-19 pandemic. Even as public health…

The COVID-19 Pandemic has focused more attention on the concept of a universal or guaranteed basic income that at any other time in modern…

This publication has been updated as at September 17, 2021. Employers across the country – including the federal government, some…

We udpated this publication on March 4, 2022. Privacy is critical to every business in every sector, including startups and growing…

Well-drafted, properly implemented written employment contracts are a key tool to avoiding or resolving disputes during and at the end of…

Termination clauses, particularly “without cause” ones, are among the most important clauses to include in any employment agreement. But the…

We updated this publication on June 30, 2022. NOTE: On June 16, 2022, the Government of Canada introduced Bill C-27:  Digital Charter…

This publication has been updated as at July 9, 2021. For some time, every Prince Edward Island employer has been required to comply with…

On October 9, 2020, the Supreme Court of Canada delivered its decision in Matthews v. Ocean Nutrition Canada Ltd. on whether a former employee…

This publication has been updated as of May 5, 2021. The ongoing COVID-19 pandemic has led many employees to continue working from home, by…

On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller, a much-awaited decision regarding the enforceability of…

This publication has been updated as of April 23, 2021. Employers that hire and employ temporary foreign workers must comply with many and…

While the world is still reeling from ongoing COVID-19 concerns, many provinces have announced plans to relax public health restrictions put in…

The COVID-19 pandemic is disrupting more than Canada’s domestic workforce. It’s also disrupting Canadian employers’ access to temporary…

The COVID-19 novel coronavirus has evolved rapidly, and so have the workplace issues employers are facing – and the questions employers were…

The havoc that COVID-19 (a.k.a. “novel coronavirus” or SARS-CoV-2) is wreaking around the globe – and around workplaces – is about to…

“Do the unexpected. Take 20 minutes out of your day, do what young people all over the world are dying to do: vote.” Rick Mercer (hailing…

This publication has been updated as at July 9, 2021. Violence and harassment is an unfortunate reality of society – and of the workplace.…

Like it or not, Canadians live life online. More people - and more employees - are sharing more information, images and opinions with more…

Growing a business takes people. In early days, many startups have just one “employee”: the founder. At some point, the founder might retain…

Organizations subject to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) – those that collect, use or…

We updated this publication on July 9, 2021. As of April 1, 2019, employers of New Brunswick employees must comply with new occupational…

As of April 1, 2019, employers of New Brunswick employees must comply with new occupational health and safety law requirements specific to…

On February 14, 2019, the Supreme Court of Canada decided yet another criminal law decision that will likely have broader ramifications for…

On December 13, 2018, the Supreme Court of Canada confirmed that a third party can’t waive a person’s right to privacy or their rights under…

On December 18, 2018, the maximum sentence possible for impaired driving (among other things) will increase as the result of amendments to…

This publication has been updated as of October 15, 2020. Canada became only the second country in the world to legalize cannabis (or…

Immigration is one of the key solutions to looming (and current) worker shortages in Canada. But an employer that hires a foreign worker must…

Immigration is one of the key solutions to the looming (or in some cases, current) worker shortage in Canada. In her article, The Top 5…

Every organization subject to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) -  every organization that…

As of November 1, 2018, organizations in Canada subject to the Personal Information Protection and Electronic Documents Act (PIPEDA) will face…

Every parent knows that a lot can happen in 18 months. Many employers agree. The federal government’s extension of employment insurance…

The legalization of recreational cannabis in Canada is imminent. Employers are feeling the heat to prepare – even as they continue efforts to…

Businesspeople (and their legal counsel) are on the road more than ever before: according to Statistics Canada, while Canada-U.S. traffic is…

This publication has been updated as of September 28, 2020. In the last few years, many employers have been focused on preparing for and…

This article has been updated as of January 19, 2022. It can be challenging for employers to fulfill their legal duty to accommodate an…

The N.S. Court of Appeal has reached two decisions ending one employee’s quest for coverage of the costs of his medical marijuana – at least…

Workplace sexual harassment isn’t a new issue, nor is it limited to any one industry or country – but it's one that far more women than men…

Equity compensation plans are a valuable and versatile tool for many corporations, from early-stage startups to established blue-chips.…

We updated this publication on March 11, 2020. The #metoo and #timesup movements drove workplace sexual harassment to the front and center of…

Many employers use written workplace policies as a day-to-day workplace management tool; common examples include attendance management policies,…

Insurers have generally been leery of coverage for medical cannabis in both the health benefit claims and in cost of care claims in the personal…

Whether a provincial court will grant police a “production order” under the Criminal Code of Canada requiring a non-Canadian company to…

The answer to the question, “What’s employers’ rationale for implementing workplace drug and alcohol testing?” is pretty…

We updated this publication on November 23, 2023. For many people, the holiday season now upon us is a fun-filled time of the year. But for…

Intellectual Property (IP) can be a valuable asset – even the most valuable asset – of a business. So it’s worth making sure the business…

Canada’s most important trading relationship is – in all likelihood – about to change: the current U.S. administration has put the future…

This publication has been updated as at January 13, 2022. An increasing number of employees are struggling to meet the challenge of the…

After years of low interest rates, and correspondingly high solvency liabilities, there’s growing recognition that the solvency funding model…

This publication has been updated as of October 14, 2020. On June 19, 2017, Bill C-16, An Act to amend the Canadian Human Rights Act and the…

We udpated this publication on June 10, 2022.  The rapid rise in ESG (Environment, Social and Governance) principles has increased focus on…

More employees are seeking flexible work arrangements as a new way of working to better juggle their family and personal responsibilities. In…

On June 28, 2017, the Supreme Court of Canada confirmed a Canadian court can issue an interlocutory injunction (an order requiring an entity or…

On June 23, 2017, the Supreme Court of Canada decided that in a contest between the choice of forum clause in Facebook’s online terms of use…

On June 7, 2017, the federal government repealed the regulations that would have brought into effect the sections of Canada’s Anti Spam…

Investigations are a vital - but difficult - part of workplace management. The value of a proper investigation can’t be overstated: it plays a…

Recreational cannabis isn’t legal yet: Canada’s federal government has proposed legislation to legalize and regulate access to recreational…

On April 13, 2017, Canada’s federal government introduced legislation that, if passed into law, will legalize recreational cannabis in Canada.…

Recreational cannabis isn’t legal yet - but much of the associated stigma is already gone, usage is up and employers are feeling the workplace…

Adding a third jurisdiction to Gard Update’s comparison between privilege in the corporate context under U.S. and English law, McInnes Cooper…

This publication has been updated as at January 12, 2023. Many organization (66%) store the personal information of customers. employees,…

On January 1, 2022, the Atlantic Immigration Pilot Program became the permanent Atlantic Immigration Program (AIP). Learn more at From Pilot to…

We updated this publication on April 5, 2023. The hiring process and the termination process are equally important stages of the employment…

Doing business with the public sector creates an often overlooked – but very real – risk that the confidential information a business…

Employers’ legal duty to accommodate employees seems to most frequently come up in the context of employees with disabilities. But that duty…

On November 25, 2016, the Supreme Court of Canada decided privilege wins again - twice. In two separate decisions - Lizotte v. Aviva Insurance…

On November 17, 2016 the Supreme Court of Canada decided a mortgagee has the mortgagor’s implied consent to disclose its discharge statement…

Canada’s most important trading relationship might undergo some change with the results of the 2016 U.S. election. Facilitating cross-border…

The employment contract is an exchange of labour for wages and other benefits, so employers are entitled to expect regular ongoing attendance…

Business owners wear many hats – including employer. Your employees may be your business’s greatest asset, but they could also be your…

Whether someone is an employee or an independent contractor has long caused employers a degree of angst. And the recent emergence of a new…

On July 14, 2016, the Supreme Court of Canada decided that the “Unjust Dismissal” sections of the Canada Labour Code ensure that…

As of June 25, 2016, provincially regulated workers and employers in Nova Scotia, Quebec, BC and Saskatchewan can participate in Pooled…

Employers are entitled to mandate dress codes in the workplace, and even to discipline employees who refuse to comply. But a workplace dress…

We updated this publication on October 4, 2023. Workplace accidents regularly lead to charges under occupational health and safety (OHS) law.…

When a business responds to a public sector Request for Proposal or Expression of Interest (both of which we’ll refer to as an RFP for these…

On January 11, 2016, the Ontario Superior Court of Justice sentenced a front-line supervisor to imprisonment for 3½ years for four counts of…

Employee tardiness is a significant problem for employers - and bad weather is one of the top three reasons that employees give for it according…

We updated this publication on April 13, 2023. A well drafted and properly implemented written employment contract can be instrumental to…

On January 21, 2016, the Ontario Superior Court of Justice dramatically expanded the scope of legal privacy protection – and the liability…

On January 14, 2016, the Ontario Superior Court decided that Canadians have a clear privacy interest in their records of their cellular…

Violence has become an unfortunate reality in current society, and the workplace is not immune. With more people spending more time at work,…

The anti-spam sections of Canada’s Anti-spam Legislation (CASL) took effect on July 1, 2014 amidst hype, controversy and dire warnings. Were…

The employment contract, at its core, is an exchange of work for compensation. So at a very basic level, employers are entitled to expect…

On July 27, 2015, the Federal Court of Canada decided a lawsuit by medical marijuana program participants against the Federal Government…

We updated this publication on October 4, 2023. Most people know a company itself has occupational health and safety (OHS) obligations and…

Effective April 22, 2015 the NS Government enacted the NS Missing Persons Act, lowering the threshold for police to get an order to access…

This publication has been updated as at June 24, 2021. Women make up close to half of the employed workforce: in 2019, Canadian women 15…

On March 3, 2015 Canada’s Privacy Commissioner determined that Health Canada breached privacy laws by mailing letters to over 40,000 Marihuana…

On March 5, 2015, the Canadian Radio and Television Commission (the CRTC, the main agency charged with administering and enforcing most of CASL)…

This publication has been updated as at January 26, 2022. With people spending so many of their waking hours at or connected to work these…

On January 30, 2015 the Supreme Court of Canada decided that the Canadian Charter of Rights and Freedom’s protection for freedom of…

In December 2014, the Newfoundland & Labrador Supreme Court ordered an employer to pay its former employee $30,000 in moral damages to…

On December 11, 2014 the Supreme Court of Canada continued its trend to recognize privacy rights – and develop the law to protect them –…

On January 15, 2015, the software provisions of Canada’s Anti-Spam Legislation (CASL) will take effect.  CASL’s anti-spam sections, touted…

We udpated this publication on December 11, 2020. Employers host numerous events throughout the year – summer and holiday office parties,…

The construction industry - project owners, contractors, subcontractors and trades - might be relaxing, ignoring the hype around Canada’s…

Recently, the NS Court of Appeal confirmed that a union can be certified as the bargaining agent of employees based merely on their dependence…

CASL’s anti-spam sections came into force on July 1, 2014. Every organization that CASL affects should now be complying with it – and their…

Effective September 1, 2014 the NB government implemented five important changes to the NB Employment Standards Act – the minimum standards…

Most Canadians have heard about Canada’s Anti-Spam Legislation (CASL): we’ve been bombarded with “CASL Compliant” emails asking us to…

On June 20, 2014 the Federal Government announced a major overhaul of Canada’s Temporary Foreign Worker Program. With stringent enforcement…

On June 13, 2014 the Supreme Court of Canada decided that Canadians have a reasonable expectation of privacy in their online activities, and…

The countdown to CASL is almost over: there are only 13 business days until the anti-spam provisions of CASL – and most of the penalties for…

On July 1, 2014 – less than two months from now - the anti-spam sections of Canada’s Anti-Spam Legislation (CASL) take effect. Individuals…

The countdown to CASL is on: on July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (“CASL”) take effect. Individuals…

On March 28, 2014 the Federal Government tabled Bill C-31 to implement the 2014 Federal Budget – including broad authority to impose cash…

As organizations turn to cloud computing services, ensuring compliance with legislation and reducing privacy risks is key. In Canada, there is…

On July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (aka “CASL”) will take effect. CASL is: Broad. It applies…

On July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (aka “CASL”) take effect. CASL will apply to just about every…

On December 31, 2013, amendments to the Immigration and Refugee Protection Regulations and new Ministerial Instructions changing the Federal…

On November 7, 2013, the SCC decided police require specific authorization in a search warrant to search the data in a computer because of the…

On June 14, 2013, the Supreme Court of Canada’s decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp…

Note: Effective December 31, 2013, the Federal Government made additional changes to the Federal Temporary Foreign Worker Program. Click here to…

On November 19, 2012, the Supreme Court of Canada (SCC) unanimously ruled a B.C. public school system’s failure to provide adequate and…

On October 19, 2012 the Supreme Court of Canada (SCC) decided that a teacher criminally charged with possession of child pornography and…

Mr. Cole was a high school teacher with an employer owned and issued laptop computer.  He also used it for incidental personal purposes, which…

On March 16, 2012, the Supreme Court of Canada (“SCC”) confirmed the decision of the N.S. Court of Appeal, reinstating the N.S. Human Rights…

As any Canadian knows, July 1st – Canada Day – is the first long weekend of the summer; or is it?  This year, July 1st falls on a Sunday. …

Social media represents a profound cultural shift and employers must adapt if they want to avoid unnecessarily – and potentially costly –…

Effective January 1, 2012, NS’s Human Rights Commission will receive, investigate and handle complaints under NS’s Human Rights Act under a…

In a decision with application to Atlantic Canada, the Ontario Court of Appeal found that an employer’s multiple extensions of a terminated…

Note: On June 14, 2013 the Supreme Court of Canada issued its decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v.…

In March 2011, the Ontario Court of Appeal found that an employee had a limited expectation of privacy in the contents of a work computer. The…

Note: Click here to read an updated version of this Legal Update in Cloud Computing: A Privacy FAQ as seen in as seen in CCCA Magazine, Spring…

In the midst of a sea of change, the Federal Government has enacted Regulatory changes significantly impacting employers who hire foreign…