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A Canadian federal employee’s guide to PIPEDA

A Canadian federal employee’s guide to PIPEDA

First, let’s quickly overview PIPEA: What is it?

The Personal Information Protection and Electronic Documents Act, also known as PIPEDA, is a law passed by the Parliament of Canada respecting privacy for the private sector and applies to personal information collected during the course of commercial activities. (Wikipedia contributors, 2018)

What employers have to work within PIPEDA??

Any employer who falls under federal jurisdiction in the Constitution of Canada.

Those areas being:

  • banks (but not provincial credit unions).
  • marine shipping, ferry and port services.
  • air transportation, including airports, aerodromes and airlines.
  • railway and road transportation that involves crossing provincial or international borders.
  • canals, pipelines, tunnels and bridges (crossing provincial borders).
  • telephone, telegraph, and cable systems.
  • radio and television broadcasting.
  • grain elevators, feed and seed mills.
  • uranium mining and processing.
  • businesses dealing with the protection of fisheries as a natural resource.
  • many First Nation activities.
  • most federal Crown corporations.
  • private businesses necessary to the operation of a federal act. (Government of Canada, 2018)

Specific employers include but are not limited to:

Government of Canada and most federal Crown corporations such as Canada Post, Banks (Bank of Montreal, RBC, Scotiabank, Tangerine), Airlines (Air Canada, Porter, Westjet), and Phone and cable companies (Bell Canada, Rogers, Telus), for examples.

What are federal employers’ obligations under PIPEDA?

  • obtain consent when they collect, use, or disclose their personal information;
  • supply an individual with a product or a service even if they refuse consent for the collection, use or disclosure of your personal information unless that information is essential to the transaction;
  • collect information by fair and lawful means; and
  • have personal information policies that are clear, understandable and readily available. (Wikipedia contributors, 2018)

What are federal employees’ rights under PIPEDA?

PIPEDA gives employees the right to:

  • know why an organization collects, uses or discloses their personal information;
  • expect an organization to collect, use or disclose their personal information reasonably and appropriately, and not use the information for any purpose other than that to which they have consented;
  • know who in the organization is responsible for protecting their personal information;
  • expect an organization to protect their personal information by taking appropriate security measures;
  • expect the personal information an organization holds about them to be accurate, complete and up-to-date;
  • obtain access to their personal information and ask for corrections if necessary; and
  • complain about how an organization handles their personal information if they feel their privacy rights have not been respected. (Wikipedia contributors, 2018)

As a federal employee, how can I access my private human resources file?

Ask! Or send a written letter to your organization’s Chief Privacy Officer or whichever officer is in charge of the company’s privacy policy. Details on who that person is will be available from your employer.

“Ordinarily, it should cost you little or nothing to gain access to your personal information. The law requires an organization to respond to your request at minimal or no cost to you.” (Office of the Privacy Commissioner of Canada, 2016)

References

Government of Canada. (2018, November 9). Federally Regulated Businesses and Industries. Retrieved 29 March 2019, from https://www.canada.ca/en/employment-social-development/programs/employment-equity/regulated-industries.html.

Office of the Privacy Commissioner of Canada. (2016, September 12). Accessing your personal information. Retrieved 29 March 2019, from https://www.priv.gc.ca/en/privacy-topics/access-to-personal-information/accessing-your-personal-information/.

Wikipedia contributors. (2018, November 13). Personal Information Protection and Electronic Documents Act. In Wikipedia, The Free Encyclopedia. Retrieved 29 March 2019, from https://en.wikipedia.org/w/index.php?title=Personal_Information_Protection_and_Electronic_Documents_Act&oldid=868668286.

This article was written by J2DW CEO Peter V. Tretter

Letter to the Mayor of the City of Barrie

Backgrounder information

Councillors vote to reprimand Keenan Aylwin, following Integrity Commissioner report
Aylwin faces reprimand for breaching Barrie council’s code of conduct

Letter to the Mayor of the City of Barrie

1 June 2019

Jeff Lehman, Mayor
City of Barrie
70 Collier St. P.O. Box 400
Barrie, ON L4M 4T5

Your Worship,

We are writing to you today concerning Suzanne Craig, the City of Barrie’s “Integrity Commissioner” and her report to City Council regarding Councillor Keenan Aylwin.

We are greatly concerned that the report could potentially be influenced by her own biases and this could potentially be in violation of the Ontario Human Rights Act.

We come to this conclusion as she seems to ignore the fact that the complainant is an elected Member of Parliament for the Conservative Party of Canada. A party that has publicly supported positions in violation of the Ontario Human Rights Act and the Canadian Charter of Rights and Freedoms of which the City of Barrie and its elected Council are required by law to uphold. This is a biased individual whom should be treated with “kid gloves” and any complaint treated as suspect. Mr. Brassard is taking the most extreme and unreasonable interpretation of Mr. Aylwin’s post.

As a result we request that Ms. Craig be placed on unpaid administrative leave while her intentions and biases are investigated by her immediate superior.

Sincerely yours,

Peter V. Tretter
President & CEO
Journey to Diversity Workplaces

Consent beyond the Hashtag

Warning: This article is for general purposes only. For specific legal advice please consult your attorney.

Wiktionary defines consent as:

“To express willingness, to give permission.”

In the era of Me Too, so many people seem to have forgotten a basic concept about consent… It’s about more than just sex. What is the best part? It’s also for minors.

Beyond sex

Consent remains integral to our lives. We give consent when we eat a burger at McDonald’s or get an IV at the hospital. Sometimes a formal process is involved such as a parent signing a permission slip for their child to go on a field trip.

Wiktionary defines assault as:

“An act that causes someone to apprehend imminent bodily harm.”

A doctor who does surgery on you without your consent is committing assault. As is a nurse who gives you fluids in your IV without consent. Sometimes as in the second case consent is passive. You decide it’s ok and say nothing. Or you’re unconscious and the medical staff have to make that choice for you. The law allows for this.

In Canada, for medical purposes, with a few exceptions, most provinces have not set an age in law at which a minor consents to a medical procedure. The generally accepted age is 16. However, even below that age if a child can be shown to understand what the doctor is saying and the possible consequences of having a medical procedure (or not) their informed consent must, by common law, be obtained.

For an employer, this means they have to tread lightly with all employees, even those below the age of majority. Workers have the right to refuse unsafe work in Ontario. They have to consent, no matter what the task is. To do otherwise could risk injury to the employee and a giant fine for the employer. The onus is on the employer to explain the risks to the employee if there are any. Even a paper cut is a risk, albeit a small one.

Every day we encounter situations where we consent or we don’t. We eat that burger or we pick up a hammer and pound in that nail into the board. We balance the risks. However, that does put the onus on the person with the position of power from getting consent. In many cases, that’s the boss.

References

assault. (2019, April 9). Wiktionary, The Free Dictionary. Retrieved 17:46, April 19, 2019 from https://en.wiktionary.org/w/index.php?title=assault&oldid=52322351.

consent. (2019, March 24). Wiktionary, The Free Dictionary. Retrieved 16:23, April 19, 2019 from https://en.wiktionary.org/w/index.php?title=consent&oldid=52097289.

Knight, K. N. (2014, August 5). Consent of Minors to Medical Treatment. Retrieved April 19, 2019, from https://www.siskinds.com/consent-of-minors-to-medical-treatment/.

This article was written by J2DW CEO Peter V. Tretter and edited by volunteer editor Scott Jacobsen.

2019 Annual General Meeting

This keynote speaker will be Ms. Hannah Bell. Hanna founded and was Executive Director of the PEI Business Women’s Association. She is currently an MLA for Charlottetown – Parkdale for the Green Party of PEI and after next week’s election should be part of Canada’s first Green government.

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Top 5 articles of 2018!

We are fortunate to see an increase in visits to our website in 2018 with lots of help from our active volunteers! Now we present the top 5 articles visitors read on our website in 2018.

5. How to deal with religious accommodations in the Workplace

Freedom of religion, in Canada, is a constitutionally protected right that allows religious believers the freedom to assemble and worship without limitation or interference. Religious discrimination is treating individuals differently in their employment because of their religion, their religious beliefs and practices, denying their reasonable request for accommodation or a change in a workplace rule or policy that denies employees equal opportunities due to their religious beliefs or practices. Canadian employers are required to accommodate the reasonable needs of religious employees in the workplace.

4. Women in the Workplace: The Hidden Battle

Throughout our history, women have adopted new roles from working as a housewife to entering the workplace and providing for their family or oneself. As women entered the workplace, we saw issues of sexual harassment, unequal pay and opportunity starting to emerge. These issues are still seen and frequently voiced today as women are continuously taking a stand for their rights. Unfortunately, there are many issues that go unnoticed that need to be addressed. Every day women have to prove that they are just as good or better than their counterparts and when they fail to do so they are labeled as weak, incompetent or just plain lazy.

3. Lack of Diversity in the Workplace Can Cause Stress Among Employees

The success of an organization in today’s competitive world depends upon how well it embraces the challenges of diversity and realizes its benefits. Employees from different backgrounds, ages and ethnicities bring their own set of experiences and world views, and are better able to provide a wider range of solutions to developing problems. Most of all, a lack of diversity has been linked to increased discrimination which in turn leads to elevated stress levels among employees. The National Center for Biotechnology Information note that discrimination due to immigrant status, legal status, skin tone or language can contribute to increased stress in individuals.

2. The Pros and Cons of Hiring Older Employees vs. Younger Employees

Ever thought you would one day be in a position where you would have the decision on your hands to make or break someone’s career? Well if you are, here is something that you might come across depending on the nature of your job. This article aims to analyze some of the main factors to consider while picking the right person for the job. At the very outset, I must make it clear that I am referring to older as in more experienced professionals and not just being ageist.

1. Workplace Issues and Solutions

There are a variety of workplace issues that both employers and employees encounter. Some of these issues are minor while other workplace issues are more significant and require frequent attention from employees for the workplace to function properly. While it is the responsibility of management to take steps to develop strategies to combat workplace issues, employees also have a responsibility to speak up when they recognize issues that contribute to or may eventually lead to problems.

This article was mostly contributed to and edited by J2DW volunteers!

Why you should keep Doug Ford and workers separate

Doctor’s notes are a tax on the poor because neither the Ontario Health Insurance Plan or the employer pay for them.

Ontario’s Progressive Conservative government had announced a large scale rollback to Ontario’s Labour Standards Act, which promised to freeze minimum wage at $14 an hour and repealing Bill 148, the Fair Workplaces, Better Jobs Act, 2017. Doug Ford, The Premier of Ontario had stated some of the proposed legislation changes that we would see such as the removal of paid sick days and the exemption for a sick note if you are sick for less than three days a year.

There is some evidence from other provinces in the country such as Alberta that shows the increase in minimum wage would only help boost the economy.

Small-sized business owners had a hard time swallowing some of the Premier’s changes, as many were quite costly to their business that caused them to have to cut staff and raise prices. The Ontario government could have perhaps introduced grants to help bridge the gap for small-sized businesses struggling to adapt to the changes. We are seeing an almost whole-scale rollback of the Labour Standards Act, which makes it extremely difficult for those small-sized businesses to survive.

With the repeal of Bill 148, this could be seen as a politically motivated move as we are seeing Ford favouring rich business owners while the lesser are suffering.

[perfectpullquote align=”full” bordertop=”false” cite=”” link=”” color=”” class=”” size=””]Doctor’s notes are a tax on the poor because neither the Ontario Health Insurance Plan or the employer pay for them.[/perfectpullquote]

Most of labour law changes affect poor workers. Doctor’s notes are paid out of pocket and not reimbursed. Unpaid sick days mean those who are sick and would have previously stayed home will continue going to work and risk passing on their virus to their coworkers and those they come into contact with.

However, employers cannot make large changes in their workplaces to rollback the increases without possible large scale litigation along with potential claims of discrimination and constructive dismissal.

If Premier Doug Ford wanted to make genuine changes to the Labour Standards Act and the Fair Workplaces, Better Jobs Act, 2017 then he would have started by consulting with minimum wage earners, workers in blue collar positions and small-sized business owners.

For Ontario deserves more.

The most boring article on Fire Safety in the Workplace

Fire prevention is an important component of workplace health and safety programs. An effective fire prevention program provides employees with the tools and information needed to work safely, and protect the workplace and employees from the devastation of fire. Human personnel, property, and environmental losses can have a significant negative impact on workplace ‘production, morale, and continued expectations of success. The damage resulting from even a small fire incident can be detrimental to a workplace’s ability to remain in business.

There is specific legislation about fire prevention in the Canadian provinces. There are fourteen jurisdictions in Canada. One federal jurisdiction, ten provincial, and three territorial. Each with occupational health and safety legislation. This legislation outlines the general rights and responsibilities of the employer, the supervisor, and the worker.

The Occupational Health and Safety Act, gives the Government of Ontario the power to make regulations while also setting out the general principles and duties for workplaces. The Ontario Fire Code is a regulation made under the Fire Protection and Protection and Prevention Act, consisting of the minimum requirements for fire safety within workplaces.

The business owner is responsible for complying with the Ontario Fire Code. The Building Code Act is the legislative framework governing the construction, renovation, and uses of workplaces. The purposes of the Ontario Building Code include public health, safety, and fire prevention; although, its primary purpose is the promotion of public safety through the application of building standards. The Ontario Electrical is intended to ensure safety considerations and protections for workplaces keep pace with the new technology and building needs.

All workplace personnel have a role to play in ensuring health and safety requirements are met within the workplace. Workplace assessments can be useful in identifying the strengths and weaknesses of employees and employers in a workplace. The reason for fire risk assessments is to keep people safe. By establishing current risks and possible barriers to safety, solutions can be found before an emergency situation occurs. It will be more difficult to develop during a life-threatening fire event, especially when barriers to safety arise.

Analyzing the issues and factors that are creating the current issues in your workplace helps to develop effective solutions to accomplish workplace goals and to allow the workplace to become more successful. Accommodations for employees, if needed, ensure the health and safety of each employee including those persons with disabilities. Workplaces should be responsible for complying with safety regulations and guidelines to ensure a better opportunity for a successful workplace.

Sources:
Canada Acts and Regulations
Fire Safety Procedures For The Workplace
The Effectiveness of Workplace Assessments

This article was written by volunteer blogger Shan Simpson and edited by volunteer editor Scott Jacobsen.

The Heart of Election Day

The Heart of Election Day

Working for Elections Ontario

In Ontario we recently participated in the exercise of democracy by casting ballots for members of the Legislative Assembly of Ontario. From there, the leader of the party with the most members becomes Premier of Ontario. Thus, democracy functions once more.

It was rather late in the election period, about two weeks before election day, when I decided I wanted a one-day job, which was on election day, working for Elections Ontario.

On June 7th, 2018 Elections Ontario was Ontario’s largest employer.

Elections Ontario is an independent agency of the Legislative Assembly of Ontario. However, the agency does have to follow all applicable laws with regards to employment and, in particular, in accessibility.

When I first called and spoke with the recruiter, she was excited. It was probably because she had one less person to find. Admittedly, Elections Ontario did a fantastic job advertising its open jobs for election day.

So, this recruiter and I talked for some time. It looked as if I was going to be a Deputy Returning Officer (DRO) in Oro-Medonte. This was driven by the fact that I both have a valid drivers license and a vehicle I can drive to the location.

However, when I revealed to the recruiter (whom I will not name,) that I was unable to help set up the polling location I would be working at the night before, due to medical requirements of a disability, the role of DRO was taken off the table.

No one mentioned to me about Elections Ontario’s “Workplace Accommodation Policy and Procedures” brochure, nor that there was a form (FO273) that I could file to ask for help. Does one expect the applicant to leap through all those hoops?

I do not know the training this recruiter had, but I imagine that it was similar to the training for my downgraded role as Information Assistant. (Jokingly referred to as Greeter.) So she must have read the brochure (FO277). It was mandatory.

Elections Ontario policy is to accommodate applicants and employees with disabilities who need workplace accommodations.

On June 7th, I arrived bright and early at my polling station, ready for the next 13 hours. The actual voting hours are 9 am – 9 pm. However, we had to be there an hour before for any final setup items. We also could not leave the premises at all during those times. Bathrooms were on site.

While I am frustrated that I did not get to carry out the DRO role, originally offered, I had a great day. I got to greet voters, help them with the process, and send them merrily on their way afterwards.
Poll Official - Elections Ontario

Since employment is short-term, individual accommodation plans will not be reviewed after the election is over.

I firmly believe that Elections Ontario has gone to great lengths to accommodate voters exercising their democratic right to vote. However, I do not believe that Elections Ontario has gone far enough to accommodate their very short term, one day employees, who just want to help out to ensure democracy prevails.

I think if I could talk directly to Greg Essensa, Ontario’s Chief Electoral Officer, then I would make the following recommendations:

  • Make the brochure on Workplace Accommodation Policy and Procedures available online. (FO277) (In doing my research for this article I could not find this brochure on the Elections Ontario or the Ontario Government websites.)
  • Make the requisite forms available online. (FO273)
  • Train your Recruitment Team to make mention of the brochure (FO277) one of the first things they talk about, just like the greeters ask for accessibility assistance when they greet voters at the door.
  • Ensure all polling stations have facilities for storing medications needed during the day both in regular temperatures and those requiring refrigeration.
  • Make a plan for DRO’s that cannot set up the night before.
  • Internally review individual accommodation plans post-election to spot opportunities for improvement.

    • In the end, we all want democracy to prevail! So, let us give democracy a hand and accommodate those one-day employees.

    This article was written by J2DW CEO Peter V Tretter and edited by volunteer editor Scott Jacobsen.

    J2DW Announces Appointment of New Chairwoman of the Board

    Journey to Diversity Workplaces Announces Appointment of New Chairwoman of the Board

    For Immediate Release

     

    BARRIE, ON, 2 JULY 2018 – Journey to Diversity Workplaces (“J2DW” or the “Company”) is pleased to announce Ms. Cynthia Gordon, M.A., a current independent director of J2DW, was appointed Chairwoman of J2DW’s Board of Directors, replacing Mr. Tony Huy Hoang Do, M.F.Ac. who remains on the board, but has taken a step back to focus on his career aspirations.

    Ms. Gordon joined J2DW Board of Directors in January of 2018. She ascended to the Office of Chairwoman recently. Ms. Gordon holds a Master of Arts degree from Athabasca University and a Bachelor of Psychology degree from the University of Guelph. Ms. Gordon is currently employed as an Employment Services Consultant for Georgian College in Orangeville, Ontario and was President of the Athabasca University Graduate Students Association from 2015 to 2016.

    “We are so very excited to have Cynthia not only join the Board of Directors but take on the challenge of Chairwoman,” J2DW President & CEO, Peter V. Tretter, said, “I am certain that Cynthia has both the drive and the passion to make this work well. I look forward to working with her in the days to come.”

    Journey to Diversity Workplaces has a few vacancies open on the board. More information can be found here at www.j2dw.ngo/job/board-member-volunteer/

    About J2DW

    Journey to Diversity Workplaces (J2DW) is a Barrie, Ontario based organization formed under the Canada Not-for-Profit Corporations Act in December 2013. Find out more about us at www.j2dw.ngo

    — 30 —

    Contact:

    J2DW Media Relations
    705-481-7784 ext 2
    Email us!

    Sent from the traditional territory of the Haudenosauneega and Anishinaabeg peoples.

    Cultural Diversity in the Workplace

    A decent variety identifies with various societies, foundations, ages, sexual orientations, identities and different elements. It likewise identifies with how individuals see themselves and how they see others. Cultural variety in the work environment has turned into a key worry to pioneers and chiefs of associations today. Associations are crossing outskirts and mainland in the mission for more markets. Work movements are acquiring individuals from various races, foundations, sexual orientations and identities into the work environment. Enrollment masters are hunting down work ability all around. At this point, what are the ramifications of these to an association? How does these influence administrators? What are the principle things a director has to know in regards to variety in the work environment? We should think about some notable angles.

    To the employee: listed are some of the ways to respect the diversity in the workplace;

    We all have biases. This is a natural result of our life experience. Take a moment to write down what your biases are and ways in which you wouldn’t allow these biases to affect how you conduct yourself in the workplace.

    • Take a genuine interest in someone with a different background than your own. Make sure your conversions are deep rooted in a common ground that does not offend cultural sensibilities.

    • Bring together, diverse groups for invitation. Doing this will increase the pace and creativity involved with innovation. Companies that do not change and innovate will crumble and the diversity can be a company’s most valuable resources in this area.

    • Respect religious holidays. Most company’s respect Christian holidays, however, the workplace tends to have a variety of religions. Thus, all-important holidays should be respected of that particular religion.

    • Create interest in organizing a lunch with someone from a different background and try changing lunch tables to meet new people.

    To the Director: In the worldwide town, having decent variety is a reality and not simply administrative buildup. As a director, you have to comprehend, embrace and value cultural diversity. The director of a company will unquestionably have various groups in any case and the onus is on him/her to adjust their administrative abilities corresponding to this.

    It is prudent for human asset supervisors and enlistment specialists to think about assorted variety while distinguishing and pulling in ability.

    Cultural variety must be implanted into the way of life of the association. Your association’s way of life is produced after some time and contains the convictions, values, practices, states of mind and other basic suppositions shared by individuals. Envision a different work environment with its way of life genuinely skewed and doesn’t consider having a variety of diversity.

    As an administrator, you have to realize that having a decent variety in a working environment is a benefit. Numerous focal points gather from having a decent variety and your association can profit from this because cultural variety upgrades cooperative energy in a work environment. Cultural variety additionally enhances inspiration and motivation and these can bring about expanded efficiency, gainfulness and rate of profitability. It gives a decent stage to learning since it brings new points of view and methodologies, new authority styles, better basic leadership and so forth. The mix of various encounters, foundations and vocation ways can be a gift. This can be utilized to enhance productivity and viability of people and furthermore, groups. Item advancement groups for instance, can be multidisciplinary and multicultural for motivations behind having a decent variety.

    Presently, shouldn’t something be said about the drawback of having a decent cultural diversity? Work environment assorted variety additionally has its impediments and risks. Correspondence issues commonly emerge and these can be trying to your element’s activities. Isn’t this test regular with multinationals? Cultural diversity may likewise breed protection from change. Most times workers may likewise be enraptured along lines of decent variety. Past the substance and into the business world, complexities in business arrangements crosswise over societies and so on can emerge because of cultural variety.

    Associations can take the advantage of cultural diversity to enhance administrations of the association. When you lead business universally for instance, your client base is exceptionally different. The general public you work together in is various. Decent variety in this manner mirrors your client base and the general public overall. Wouldn’t you be able to then utilize your differing group to enhance administrations to the classified client?

    Presently, would you say you are setting adequate accentuation on work environment decent variety? Is your association very much situated to oversee work environment assorted variety? Thinking about all the above certainties, it is crucial that you do the needful. Comprehend cultural variety and make its best utilization, while limiting its negative effect on your company.

    Embrace diversity in your workplace and you will be on the way to a more fulfilling and productive organization. The world is a beautiful mosaic of differences and the workplace should be as well. Respecting your co-workers and employees is paramount to tapping the valuable diversity in your organization.

    Reference

    Charlie Bentson King: Writer and producer of training ABC

    This article was edited by volunteer editor Erin Murphy.