New notification requirements under PHIPA

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Ontario has recently enacted a regulation under PHIPA (Personal Health Information Protection Act) with more notification requirements for “health information custodians”. (O.Reg 224/17 was published June 29, 2017). The regulation comes into force on October 1, 2017.

The new regulation provides guidance on the circumstances in which a health information custodian is required to notify the Information and Privacy Commissioner of the theft, loss or unauthorized use or disclosure of personal health information.  The notice requirement arises ...

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Small business fined $50,000 for violating Canada’s Anti-Spam Legislation

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The Canadian Radio-television and Telecommunications Commission (CRTC) released its first compliance decision under Canada’s Anti-Spam Legislation (CASL) today: http://www.crtc.gc.ca/eng/archive/2016/2016-428.htm

Blackstone Learning Corp., a small business providing education and training services was fined a penalty of $50,000 for sending over 385,000 commercial electronic messages (CEMs) without consent in 9 messaging campaigns between July and September, 2014.  If you are a Canadian business and send emails or other electronic messages you may wish to consider your processes for compliance with CASL.

 

Canada’s Anti-Spam Legislation (CASL) Update

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On July 27, 2016 the Canadian Radio-Television & Telecommunications Commission (CRTC) published guidance on the types of records it will be looking for to prove compliance with Canada’s Anti-Spam Legislation (CASL) in any enforcement action.  The Enforcement Advisory can be found at http://news.gc.ca/web/article-en.do?nid=1104989

The CRTC recommends that anyone sending commercial electronic messages keep the following physical or electronic documents, in a manner that may be promptly retrieved: (a) express consents and evidence of implied consents, (b) policies and procedures regarding ...

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Elevating the Practice of Law

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Have you noticed or felt that there are shifts going on all around us?  Many people are facing personal challenges, and others are creating their dreams.  Time feels elastic where one moment it feels like it is accelerating, and the next moment it seems to move in … slow … motion.

This is a time of Chaos.

People seem stressed, are not sleeping, and traffic is erratic. The global situation is crazy.  It reminds me of moving house, where everything is out ...

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Recent Supreme Court of Canada case enshrines the legal duty to perform contractual obligations honestly. How does this apply to you?

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In Bhasin v. Hrynew, 2014 SCC 71, a judgment released on November 13, 2014 (by the Supreme Court of Canada (SCC) which is Canada’s highest court and legal authority) the requirement for parties to perform their obligations honestly and in good faith was recognized in Canada.

Initially it seems somewhat bizarre that the SCC has had to recognize a new duty to perform contractual obligations honestly.  One might have hoped that when parties enter into an “agreement”, they do so with ...

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Fiduciary Duties: What are they and what does this mean for directors of a corporation, really?

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Now for those who are seasoned directors, information concerning fiduciary obligations will, perhaps, be of little use or news to you. However for those starting out, particularly entrepreneurs whose interest lies in their science or technology, knowing what is required or expected of you as a director is important.

The term “fiduciary duty” has a fancy ring, doesn’t it? It sounds somewhat ominous and archaic, too. It was the subject of a fairly recent Ontario Court of Appeal case (July, 2014): Continue Reading →

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Compensation when Entrepreneurs and Advisors Part Ways

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Entrepreneurs often rely on consultants and advisors to contribute time and resources to assist them in commercializing their creation, invention or development.  There is hope and excitement when people start working together. In addition, many entrepreneurs lack business acumen and look to the advisor for this skillset.  Often there is some vague offer of compensation of shares with no agreement in writing as to exactly how many and when the shares will be issued, or shares may be issued with ...

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Canada’s Anti-Spam Legislation – Part VI

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On January 29, 2013 I posted some information on Canada’s new Anti-Spam Legislation (CASL), related to the new regulatory requirements for sending certain types of emails and other electronic communications, and for installing software, including updates and upgrades.

In my February 14, 2013 post I provided a commentary on what electronic messages are governed by the statute. As outlined there, unless exempted under CASL, commercial electronic messages (known as CEMs) may only be sent where: (a) the recipient has consented to receiving ...

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Canada’s Anti-Spam Legislation – Part V

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In my January 29th post on Canada’s new Anti-Spam Legislation (CASL), I wrote about the introduction of new requirements for sending certain types of emails and other electronic communications, and new regulatory requirements for installing software, including updates and upgrades.

In the February 14th post I provided a commentary on what electronic messages are governed by the statute. Unless exempted (as discussed below) commercial electronic messages (known as CEMs) may only be sent where: (a) the recipient has consented to receiving it, whether by express ...

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