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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.

Is addressing Addiction in the Workplace Worthless?

An addiction is a condition where a person engages in the use of a substance or indulges in a type of repeated behaviour. An addiction’s rewarding effects provides an incentive to continuously repeat the behaviour despite serious consequences. Addictions do not only include what people consume, such as drugs or alcohol. Addictions come in many different forms from gambling to seemingly harmless products, such as chocolate. Addictions can include virtually anything. When a person is addicted to something they can become dependent on the addiction to cope with their life.

Workplace morale consists of the emotions, attitudes, satisfaction, and overall outlook of employees during their time in a workplace environment. A portion of effective workplace productivity is thought to be directly related to the morale of the employees. Employees that are happy and positive at work are said to have positive or high employee morale. When someone is consuming drugs or alcohol, it can dramatically change a person’s behaviour, and these negative changes in personality will lower the workplace morale. Workplaces that maintain employees who are negative about their work environment usually have low employee morale.

The effects of workplace addictions can be frustrating, upsetting, and devastating. Substance abusers are more likely to cause injuries, accidents, and even fatalities in the workplace. Health and safety regulations are expected in any workplace and the risks posed by addiction simply cannot be allowed. When employees do not feel safe in their workplace the morale will decrease. Addictions can increase the likelihood of harassment, bullying and other unprofessional behaviours. These inappropriate behaviours will likely cause other employees to feel unsafe in their workplace environment. A drug-free workplace is more likely to be successful at maintaining an accident-free environment and prosper.

Addictions are costly for workplaces and individuals when addictions are left unaddressed. Supporting an employee who is struggling with an addiction can be a huge challenge for many employers. Addictions can make employees less productive. Absenteeism is one of the significant killers of corporate profitability. Many addicted employees lose their jobs and remain unemployed as a result of their addiction. Other employees may end up in jails, prisons, or long-term rehabilitation facilities, which can result in years of lost productivity. Employees find it to be difficult to get themselves back into the workplace after years of unemployment due to substance abuse or various other addictions. Absenteeism costs Canadian workplaces over $16 billion per year. In Canada, drug use and drug abuse is a problem that not only ruins the lives of the users and their families, but also costs workplaces a total of $23 billion dollars or $1,100 per person.

Policies should be developed to address any workplace issues that are associated with addictions. Workplace policies should be clearly defined. Employers must make reasonable accommodation efforts for employees who seek help with addiction, allowing time off for detox or counselling. This approach is recommended for encouraging workplaces to invest in their employees and reduce the total long-term costs related to substance abuse. Voluntary disclosure allows for treatment without risk of being fired and eases the stigma related to addiction. Workplace culture and employee commitment to recovery are critical to reducing substance use affecting the workplace. Policies will be most effective in an environment that discourages substance use but also discourages discrimination, stigma and potential prejudices. When addiction issues are effectively addressed, workplaces will have a better opportunity to be successful.

Sources:
Addiction: A Workplace Depressant?
Canada Centre on Substance Abuse and Addiction
Psychology Today

This article was written by volunteer blogger Shan Simpson and edited by volunteer editor Erin Murphy.

4 Essential Tips for Workplace Cultural Acceptance

When working at an environment that is home to people from diverse backgrounds, it is important the workplaces know these cultural and individual differences in order to have programs or diversity. A means to bond rather than wedge a divide between them. It might not seem like much. A harmless holiday celebration without negative impacts on others but these little celebrations of one culture could be a sign of spreading disgruntlement.

Some adoptable strategies:

  • Weekly meetings – not simply a chance for a wonderful work-related update, but also gives a chance to talk and know if there have been issues. This maintains a line of communication with employees.
  • Call out unacceptable behaviour – if you see someone taking an opportunity to put down someone else based on something they do not have any control over (e.g., race, sex, gender, age, skin colour, hair type, and so on), then call them out on it. If the management does not see it and correct it, then it could perpetuate.
  • Encourage your employees to report potential instances of workplace discrimination – this perpetuates a healthy employer-employee relationship and creates an environment where employees feel heard, respected, and treated with dignity.
  • Try encouraging acceptance of all cultures by having a team potluck lunch/dinner – it will encourage them to know each other and one another’s their culture, and provide a chance to bond over something that has worked like a charm for centuries: food.

    • It is difficult to change cities, maybe start a new job in a new field, a career away from home, or have other woes, no matter what problem one might face, non-acceptance by fellow workers could be the worst of them all. Imagine spending 8-9 hours in the company of fellow coworkers who do not accept you probably silently judge you as well.

    It is important for the management to step up and bridge the divide between the employees and let acceptance seep into the core of the company’s structure. Once it’s a part of the foundation, the company will emerge stronger than ever.

    This article was written by volunteer blogger Riya Prem Raaj and edited by volunteer editor Scott Douglas Jacobsen.

    Fire Safety & Prevention

    Fires destroy property, cause injuries, and take lives. The goal of fire prevention is to educate the public to take precautions to prevent potentially harmful fires. The general population needs education about the dangers of fires and how to survive a fire. Fire prevention is a proactive method of reducing emergencies and the damage caused by them. To prevent a fire, the objective is to keep sources of ignition and fuel separate from one another.

    The best defense against fire in the home is preparation. People should create an evacuation plan. This plan should be regularly rehearsed to avoid panic and confusion in the event of a fire. Fire hazards, such as matches and lighters, should be kept out of the reach of young children. Small fires should be put out with a fire extinguisher if possible. Large fires, or fires that begin to spread, should be left for firefighters.
    Smoke alarms should be placed properly in homes and checked regularly to ensure the smoke alarms will notify people when a fire occurs. To get help as quickly as possible, children should know to dial 911 as soon as a fire is noticed. People are approximately 66% more likely to sustain a serious injury or death in homes without smoke alarms. Smoke alarms will not eliminate the risk of dangerous situations, but smoke alarms can reduce the risk of serious injury or damage occurring in the home from fires.

    Fire safety and education should start early even if this training is only basic, to begin with for children. A fire extinguisher is an active fire protection device used to extinguish or control small fires in emergency situations. A fire will generally be a more traumatic experience for children than for adults. Developing and reviewing a simple fire plan can help children to minimize panic and to stay focused on escaping the dangerous situation. Children must know how to call for help, use a fire extinguisher, how to get out of a burning building, and what actions to take should their clothes catch on fire. Young children may learn this kind of information using simpler language and visuals, so they understand as much as possible.

    Mental or physical disabilities can create barriers that can increase the risk of serious injury or death from a fire. Each person needs to have a strategy for getting out of a building quickly in the event of a fire or another emergency. Fires can happen whether we are at home, at work, or in a public area such as a mall, theater, or hotel. Anyone who has reduced mobility, a speech, hearing or visual impairment, or a cognitive limitation may need assistance to evacuate a building in an emergency. Preparation and planning are the keys to surviving in an emergency situation. Strategies should be in place to prevent injuries for all building occupants. The more information captured in emergency procedures and plans, then the better equipped emergency managers will be in the event of an emergency.

    In most Canadian provinces, building managers are required to maintain a list of at-risk individuals in their building, whether a workplace or a residential building. While individuals are not obligated to identify as being at risk, it is in their best interest to communicate their evacuation needs and abilities to avoid putting themselves and others at risk. Emergency managers and individuals should work together to plan the best, most suitable evacuation and assistance strategy. When proper fire safety planning and education takes place, everyone will be more likely to be safe from fires and other dangerous hazards.

    Sources:
    Canada Fire Safety and Prevention
    Disability Barriers and Hazards
    General Fire Safety Tips
    Stats Canada

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

    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.