Articles: CANADA

-DATA PROTECTION AND PRIVACY-

Privacy Commissioner Says She May Need Power To Fine

Privacy Commissioner Jennifer Stoddart says the complaints-based system for regulating privacy breaches may not be enough and that her office may need the power to levy fines to get companies to pay attention. The commissioner discussed the priorities of her office as House of Commons ethics committee prepares to conduct a five-year, statutory review of the Personal Information Protection and Electronic Documents Act (PIPEDA). “I am increasingly of the view that we may need stronger powers to be an effective privacy guardian for Canadians. Canada has become one of the few major countries where the data protection regulator lacks the ability to issue orders and impose fines,” Stoddart said. She said the Federal Court can seek damages from companies that violate PIPEDA, but the court has set a high threshold for damages and invoked them only once in the 10 years that PIPEDA has been in force.

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Privacy Commissioner Launches Handbook to Help Lawyers Apply Privacy

PIPEDA and Your Practice – A Privacy Handbook for Lawyers was launched by the Office of the Privacy Commissioner of Canada at the Canadian Bar Association Canadian Legal Conference and Expo 2011. The new handbook explains how the Personal Information Protection and Electronic Documents Act (PIPEDA) relates to the everyday practice of Canadian lawyers in the private sector. PIPEDA covers the collection, use and disclosure of personal information in the course of commercial activities. Like other organizations in Canada, lawyers and law firms must comply with the requirements of applicable privacy legislation in their jurisdictions.

“While lawyers may be familiar with privacy laws in general, they may benefit from some concrete guidance on how to apply the laws to their own practice,” says Patricia Kosseim, General Counsel for the Office of the Privacy Commissioner of Canada. “Canadian lawyers have a leadership opportunity to serve as exemplars of ethical and respectful conduct on behalf of their profession and the clients they serve.”Written by lawyers for lawyers, PIPEDA and Your Practice – A Privacy Handbook for Lawyers describes best practices in managing the collection, use and disclosure of personal information, responding to requests for access to personal information, and the potential application of PIPEDA. The Handbook covers practical privacy issues that arise in the course of managing a law firm and conducting litigation.

Changes to PIPEDA

Bill C-12, Safeguarding Canadians’ Personal Information Act, re-introduces substantive amendments and if passed, will clarify a business’ responsibility under the Personal Information Protection and Electronic Documents Act (PIPEDA). This Bill addresses concerns raised by the government’s first Parliamentary review of PIPEDA and intends to: protect and empower consumers; clarify and streamline rules for business organizations; improve investigation and enforcement of the privacy law; and improve the language of legislation and technical drafting corrections. Significant amendments include: a definition of valid consent; a mandatory reporting provision; and a disclosure exception. In addition, personal information can be collected, used or disclosed, without the consent or knowledge of the individual if it is produced in the course of their employment; required to manage, establish or terminate employment relationships; or is related to business transactions.

Commissioner Wants Extra Cash To Handle Privacy Revamp

Elizabeth Denham told a committee of MLAs she needs more money next year because of sweeping reforms to the Privacy Act, which pave the way for Internet-based government services, new high-tech CareCards and widespread sharing of personal citizen data between ministries.. “I think $490,000 to fund a new team that will handle the work is the minimum amount required to undertake this new mandate,” she said. Her office budget this year is almost $5 million.

“The reality is that these types of massive data-linking initiatives, if not done with proper regard for protection of privacy or robust independent oversight, is a privacy disaster in the making,” Denham told MLAs. She added that B.C. is pushing into territory that no other provinces have covered. “Without new resources, we will not be able to deliver on those new responsibilities,” she said.

The Canadian Privacy Landscape Is Different!

Canadian privacy laws are markedly different than those in the United States. Unlike the United States, Canada has comprehensive privacy laws that cover all aspects of personal information handling including both the public and private sector. An important point to understanding is that Canadian laws are based on 10 privacy principles. These include: being accountable, identifying the purpose for the collection, collecting only that which is necessary, obtaining consent, limiting use and disclosure, safeguarding the information, keeping the information only for as long as necessary, begin open and transparent about what you do with the information, and providing a mechanism for people to challenge your information handling practices.

Lastly, Canadian laws are enforced by Privacy Commissioners who have powerful rights of investigation. Some argue that their enforcement sanctions are not as severe as in some European countries, but there is a movement afoot in Canada to add monetary fines for non-compliance. And, just because an organization may be located outside of Canada does not mean that they don’t have to comply. The Federal Court of Canada has already ruled that Canadian privacy laws extend beyond the borders and must be followed by any organization dealing with the personal information of Canadians.

Privacy Management Program Guide Will Hopefully Help With Accountability

The Office of the Privacy Commissioner of Canada (OPC), and the Offices of the Information and Privacy Commissioners (OIPCs) of Alberta and British Columbia have developed a guide titled Getting Accountability Right with a Privacy Management Program. The guide aims to help organizations implement an effective privacy management program that meets private-sector privacy legislation and to provide consistent direction on what it means to be an accountable organization when dealing with individuals’ personal information, accountability being the first and foremost obligation under privacy legislation. These guidelines will help businesses take data protection from policy to practice, explained BC Information and Privacy Commissioner, Elizabeth Denham.

Your Wallet Just Got a Bit Lighter: Ottawa Nixes SIN Cards

Ottawa is phasing out the SIN card in an effort to save money and help prevent identity theft. The low-tech white plastic cards carrying the social insurance numbers of Canadians do not have any of the modern security features that are now common on drivers’ licenses and credit cards. Peter Boyd, Service Canada’s director-general of service identity, authentication and epass, said the change is expected to save $1.5-million a year. While credit card companies can quickly and easily give customers a new credit card number if a card has been stolen, a compromised SIN number can be a much bigger hassle. It is the number that government and employers use to track income, taxes and eligibility for various programs like Employment Insurance. In light of concerns over identity theft, Boyd said Canadians should be living without the cards now. Officials from the Human Resources department also explained several changes in the bill dealing with privacy protection of SIN, EI and CPP files. The budget bill consolidates privacy rules into a single act, which includes more stringent privacy protection.

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Privacy Commissioner Looks for Stronger Enforcement Powers, Ability to Levy Fines

The Federal Privacy Commissioner appeared before the House of Commons Standing Committee on Access to Information, Privacy and Ethics in its study on social media and privacy and is calling for greater enforcement powers. Other countries are moving towards more robust enforcement regimes, but Canada is at risk of falling behind and that the existing law – the personal information protection and electronic documents act (PIPEDA) – is too weak. The legislation currently doesn’t require companies to report a privacy breach to the privacy commissioner’s office or to consumers. Current Privacy Commissioner Jennifer Stoddart said with barely any penalties for breaching provisions in PIPEDA, there is little incentive for companies to invest in better data protection systems.

“I believe companies take notice … when they are subject to major fines or some kind of enforcement action. We have very limited power in that regard, and I believe more respect would be shown to Canada’s laws if we did have that power,” said Stoddart.

Privacy Policies Lacking In Ontario
The loss of personal information belonging to millions of Ontario voters earlier this year shows that even good privacy policies can be useless if they’re not followed. Canada’s Information and Privacy Commissioner, Ann Cavoukian, released a new report that calls on organizations to beef up the enforcement and understanding of their privacy policies after the breach. In April, Elections Ontario discovered a major privacy breach when two memory sticks containing the names, addresses and birthdates of some 2.4 million voters were lost. The information also indicated whether they voted in the last election. Cavoukian previously found that the staff who lost the USB keys didn’t encrypt the files because they didn’t know what encryption meant. Her report makes seven recommendations to improve privacy protection at any organization, including developing privacy education and awareness training programs. It also says organizations should have a protocol in place to deal with a possible privacy breach that includes notifying affected people as soon as possible.

A Policy is Not Enough- 7 Steps Organizations Can Take
In A Policy is Not Enough, Ontario’s Information and Privacy Commissioner Ann Cavoukian outlines seven steps organizations should consider implementing to effectively translate privacy policies into privacy practices.

• Implement a privacy policy that reflects the privacy needs and risks of the organization and consider conducting an effective Privacy Impact Assessment

• Link each requirement within the policy to a concrete, actionable item- operational processes, controls and/or procedures, translating each policy item into a specific practice that must be executed.

• Demonstrate how each practice item will actually be implemented.

• Develop and conduct privacy education and awareness training programs to ensure all employees understand the policies and practices required, as well as the obligations they impose.

• Designate a central go-to person for privacy-related queries within the organization.

• Verify both the employee and organizational execution of privacy policies an operational processes and procedures

Proactively prepare for a potential privacy breach by establishing a data breach protocol to effectively manage a breach.
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-BACKGROUND SCREENING-

Controversial Device Popular Although Accuracy Is Questioned

Public and private agencies are using a “truth verification” device that has been discredited by numerous authorities as a tool to screen hundreds of job applicants in B.C. The tests are being administered by ITV Consulting Inc., a Victoria firm that licenses the Canadian rights to the Computerized Voice Stress Analyzer (CVSA) from a U.S. company. As stated on ITV’s website, the device “measures small frequency modulations in the voice. These inaudible variations, when detected, measured and displayed, accurately determine the truthfulness of each statement elicited from a test subject.”

ITV claims the device can definitively tell whether a person is lying: “The finished session is evaluated by the computer, rendering its findings of ‘deception’ or ‘no deception,’ removing any possibility of examiner error, as well as providing a completely objective examination,” it states on its website. The firm recommends the device be used in conjunction with “the expert interrogation techniques used and taught by ITV.” “Used in this manner, clinical studies show the accuracy score of our product to be 98 per cent with no inconclusives,” it states.

This is an impressive statement. If true, the CVSA is the holy grail of lie detectors. However, there is little scientific evidence to support this claim, and much to repudiate it.

Privacy Czar To Probe Use Of Police Database

Information and Privacy Commissioner Elizabeth Denham announced Friday that her office will examine the issue of employers using the PRIME-BC police database to perform background checks on job applicants. Denham’s office said it has been looking into employment-related criminal-record checks for several months and now will investigate concerns voiced by the BC Civil Liberties Association about the Police Records Information Management Environment database, used to record interactions with police including those with people who report crimes.The BCCLA said earlier this week it was disturbing that the names of as many as 85 per cent of adult residents in B.C. are included in the database.

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Canpro Global and King – Reed Merge to Create Canada’s Largest National Investigation and Risk Mitigation Firm

Canpro Global Services Inc. and King-Reed & AssoCANAciates LP have amalgamated to create the largest full-service risk mitigation and investigation company in Canada. The new organization, Canpro King-Reed LP, with combined annual revenues in excess of $40 million, becomes the dominant service provider in its field. Chairman of the Board, Brian D. King, and President and CEO, Robert Burns, in a joint announcement said, “We now blanket the country from coast to coast and our clients get the broadest range of services in the industry. It’s a perfect fit.”

The combined firm will deliver uniform reporting and methodology and the ease of a single point of contact for national coverage. Clients will now have access to expanded technology, geographic coverage, resources and industry specialists across Canada and in some international locations.

Client services include Investigations, Security and Risk Consulting, Pre-employment Screening, Occupational Health & Safety, and Labour Risk Management.

Background Checks Delay Hirings: Understaffed Group Homes Can’t Fill Void

Karen Fonseth, CEO, Direct Action in Support of Community Homes (DASCH) head of a Winnipeg non-profit agency says vulnerable Canadians are being put at risk because a new system has resulted in long delays getting background checks for new workers. Fonseth, says it can take more than a year for some vulnerable-sector checks to be completed due to the poor implementation of a stricter system for doing the checks. “It’s ridiculous,” said Fonseth. “People can’t wait five to six weeks to get a job, let alone five to six months.”

In June, she had over 50 applications awaiting a criminal check. Last month, she could only watch in frustration as three more potential hires found work elsewhere.

The new system, implemented over a year ago, now requires fingerprints to be submitted for anyone whose gender and date of birth match someone who has a sex offence on record. It means far more people now need to go to their local police station to submit fingerprints and the delays for processing those prints can extend for several months. Even the initial check before fingerprints takes four to six weeks, said Fonseth.”

Guidelines For Social Media Background Checks

Many employers are now utilizing social media outlets such as Facebook and Twitter to assist in background checks on future and prospective employees and volunteers. However, information retrieved from these sources is oftentimes collected without an individual’s consent and many employers are finding themselves in legal trouble when it is used improperly.   British Columbia’s Privacy Commissioner has released guidelines for social media background checks to help organizations navigate social media background checks and privacy laws. The guidelines discuss topics such as: the risk associated with performing a social media background, the inadvertent collection of third-party personal information; things to consider and what to avoid when performing social media background checks, and more.

RCMP Alleges Corrupt Airport Workers Smuggling Drugs: Gov’t Refused to Conduct Tough Background Checks

Pearson International Airport workers linked to organized crime are stealing baggage tags from unsuspecting travelers to use in smuggling bags laden with drugs into the country. Some airport security staff allege more drugs are being smuggled by corrupt airport workers than by travelers arriving on flights. A Royal Canadian Mounted Police (RCMP) report from several years ago found 58 criminal gangs operating at Canada’s largest airports.   Drug officers said the corrupt workers usually steal the name and address tags from the luggage of innocent travelers. Smugglers then attach them to drug-filled bags being snuck into the country. Bags with name tags are put aside for their owners to claim, which creates opportunities for smugglers to receive instructions by foreign drug lords on what color or label bag must be picked up. Tagged bags that are intercepted by officers of the Canada Border Services Agency (CBSA) often victimize innocent travelers since their names and addresses are attached.

Canada is Newest International Chapter of NAPBS

The NAPBS Board of Directors approved the Canadian Chapter’s application in September. With this approval Canada becomes the newest chapter following in the footsteps of APAC and Europe. To join the Canadian Chapter or for more information contact the Chapter Chair, Nadine Lecomte at nadine.lecomte@garda-world.com.

RCMP Adding Fingerprint Scanners to Speed up Background Checks

The Royal Canadian Mounted Police (RCMP) is taking steps to speed up the checking of fingerprints submitted by Canadians seeking employment or volunteer positions as coaches, child-care workers and caregivers for the elderly. Under new rules that came into effect in 2010, anyone who wants to work or volunteer with vulnerable groups must submit fingerprints to Ottawa for analysis to ensure they aren’t the same person. As a result of the new law and consequently a large increase of “vulnerable” background checks needing to be processed, RCMP says it will install 32 additional electronic fingerprint-scanning devises and order 50 more.

Facebook Passwords Not an Appropriate Background Checking Tool, Ontario Human Rights Commission Warns

In recent weeks, several U.S. job candidates reported that prospective employers had requested their Facebook passwords in order to secure personal details about them. Shortly thereafter, there was an outpouring of candidates relaying anecdotes to the media of employers asking them to log onto their social networks on computers at the job site or hiring managers requesting to become “friends” on Facebook during the interview process. In Canada, the Ontario Human Rights Commission has concluded that this hiring practice is not permissible because it may be violating Ontario’s Human Rights Code. The Commission stated that any employer requesting this information could be open to a claim of discrimination under the Code. In fact, the Commission highlighted 15 prohibited grounds, including: race, color, religion, etc. that could be found directly or indirectly on a Facebook profile and used in a discriminatory manner against prospective employees.

Click With Caution: What Employers Should Know Before Conducting Social Media Background Checks On Prospective Employees

With the proliferation of social media sites such as blogs, Facebook, and LinkedIn, and their increasing prominence in the business realm, it is not surprising that employers have begun to access the information posted on these sites in the course of conducting background checks on prospective employees. Legal risks may arise for employers even before the employment relationship has begun as a result of using social media websites to collect information about job candidates. Although employers may consider reviewing the contents of a prospective employee’s Facebook page part of their due diligence, this practice would likely be considered a collection, use or disclosure of personal information under Alberta’s Personal Information Protection Act, which governs how private organizations collect, use and disclose personal information. The Office of the Information and Privacy Commissioner of Alberta has recently released “Social Media Guidelines” which identify the legal risks that arise in this context. Employers should take note of the eight pointers it outlines, such as: if you can’t ask it in an interview, don’t take it from the Internet. Employers should also consider whether they have reasonable purpose for performing social media background checks and whether they can do so in a compliant manner.

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There Is An Urgent Need For Greater Fairness And Clarity In The Police Background Check Process

Canadian Civil Liberties Association calls for standards that would prohibit the release of information other than convictions, except in rare circumstances. It also says non-conviction records should be reviewed regularly and destroyed where warranted. It also says individuals should have a right to be notified on the information in their file and be able to appeal it before an independent adjudicator.

While there are laws governing the release of certain information, such as under the Privacy Act and the Youth Criminal Justice Act, the report says there are no set standards for what police services can or can’t collect and release in police checks. It calls the situation across Canada “a patchwork” of policies that may violate Canada’s

Charter of Rights and Freedoms.

The report says the problem is particularly acute in Alberta, where it says there is too much discretion is left to individuals in police services as to what information can and should be retained and released.

Taxi Company Says Privacy Laws Limit Driver Checks

A St. John’s-based taxi company has said that provincial privacy law is preventing it from accurately checking employees’ driving history. A company representative said his organization can mandate that drivers produce a certified driving record and ask drivers to update any changes to their record, but beyond that, provincial law prevents the company from further investigation. “They don’t give us the power to phone in motor vehicles and ask for a particular person’s driver’s license, if it expired or not,” the representative said. Drivers can give written permission to have their records checked, but this would cost companies thousands of dollars every month. The taxi company is calling for a return to the old system, when a city inspector licensed the drivers. Unfortunately for the cab companies, however, City Hall is not interested in going back.

-DRUG AND ALCOHOL TESTING-

Court Okays Random Alcohol Testing

The recent decision of Irving Pulp & Paper, Limited v. Communications, Energy and Paperworkers Union of Canada, Local 30, 2011 NBCA 58, by the New Brunswick Court of Appeal has upheld random alcohol testing where the workplace is determined to be “inherently dangerous” and the method of testing is minimally intrusive. In this case, a grievance was brought by a 34-year-old millwright in the maintenance department of a pulp and paper mill. He was randomly selected for an immediate breathalyser test. The employer’s policy on drug and alcohol use stated: “Employees involved in safety sensitive positions will be subjected to unannounced random tests for alcohol.”

Although the employee passed the test, he challenged the policy. His union alleged there were no reasonable grounds to test because there had been no accident or incident that would justify such test. The court ruled that breathalyser testing was minimally intrusive. The policy only applied to a limited number of employees in legitimately safety sensitive positions. As a result, the policy was not out of proportion to the actual and expected benefit. The policy was justified in the circumstances. This decision is important for employers. It confirms the employer’s right to implement random alcohol testing for safety sensitive positions in an inherently dangerous workplace. It must be noted, however, that this ruling would not necessarily extend to drug testing.

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Drug And Alcohol Testing In The Workplace

Canadian employers are in a new era of comprehensive risk assessment and risk management. As occupational health and safety issues are becoming top priorities for employers, mandatory drug and alcohol testing programs are increasingly becoming topics of controversy among the courts.   Key case laws addressing drug and alcohol testing in the workplace include the following four decisions ( Entrop, Milazzo,Meiorin and Chiasson). These cases are providing guidance for employers on the rights and obligations that come with such testing and help distinguish the different types of substance testing and the implications of each. Some of the key principles that employers are advised to consider before implementing a drug and alcohol testing policy include the following: the need for testing, disclosure, comprehensive policy, probationary periods, and withdrawal of employment offers.

Supreme Court of Canada to Consider Random Alcohol Testing in the Workplace 

The Supreme Court of Canada has granted the union leave to appeal a case in which the New Brunswick Court of Appeal decided that an employer can conduct random alcohol testing of employees in safety sensitive positions in an inherently dangerous workplace, without having to show a pre-existing alcohol problem. This is the first case in which the Supreme Court of Canada will directly address alcohol testing in the workplace. An employee, who refrains from drinking for religious reasons, filed a grievance after being randomly selected for alcohol testing. According to the arbitration board’s balancing of interests approach, the employer was required to provide evidence of alcohol problems in the workplace or show that the workplace was “ultra dangerous”. Because neither was established, the grievance was upheld. The New Brunswick Court of Queen’s Bench then overturned the decision, rejecting the “ultra dangerous” requirement (finding that “dangerous is dangerous”), and holding that the potential for a catastrophic accident justified the employer’s alcohol testing policy. The Court of Appeal upheld this decision.

Coming to a Workplace Near You: Random Drug Tests?

Random drug testing among employers in Canada is no where near as widespread as it is in the U.S., largely due to a tangle of constitutional rights, legislation, and privacy laws that make such practices a legal uncertainty. However, with the Canadian Supreme Court set to a hear a high profile case on the issue this fall, and private and public sector employers across the country implementing some form of random drug screening program, there is a chance that the practice will become more common in Canada. But employers hoping for a blanket green light like the U.S. will be disappointed. The best guess here is that random tests will only ever be allowed for employees in safety sensitive positions. And, since alcohol and drug addiction are disabilities under human rights laws, employers that conduct tests will also have to ensure they have excellent resources available to help employees who test positive.

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Drug Testing Pits Privacy Against Safety

Cases involving employer drug testing and employee privacy are set for hearings in two Canadian courts. First, the Alberta Court of Appeal will hear from an energy company that is arguing against an injunction preventing the company from implementing random drug testing of employees. The Supreme Court of Canada will then hear a case involving a company’s plans to have employees submit to mandatory breathalyzer tests. Unlike the United States, where workplace drug tests are relatively common, Canada has had little experience with randomly administered on-the-job tests. Both companies argue the testing improves job safety, but others argue it infringes on employees’ right to privacy. Ed Secondiak, president of ECS Services – which has designed drug testing programs for large and small corporations for 18 years – says there are ways to ensure employees’ rights are respected while still reducing the risk of on-the-job substance abuse. Employers, safety companies and privacy experts, will watch each case closely as the courts try to find a balance between safety on the job and an individual’s right to privacy.

Random Alcohol And Drug Testing Halted At Suncor Oilsands Plant

On November 28, 2012, Alberta’s Court of Appeal upheld an injunction halting implementation of Suncor Energy Inc.’s (Suncor) new random alcohol and drug testing program (Program) until an arbitration board renders a decision on a grievance of the program. The legality of mandatory random alcohol and drug testing remains a controversial issue for employers operating in the Alberta oilsands and Suncor appears to be at the forefront of such testing. Suncor’s ability to defend its new Program in the face of a grievance on behalf of the Communications, Energy and Paperworks Union, will have a major influence on whether such testing will be introduced (perhaps growing as a standard across the industry) or will be prevented from continuing. The Union filed a grievance objecting to Suncor’s Program on the basis that it is contrary to the collective agreement, common law, the Personal Information Protection Act and the Alberta Human Rights Act. In coming to its decision, the court addressed jurisprudence on alcohol and drug testing, and recognized that the testing of employees constitutes a significant infringement of their personal privacy, dignity and bodily integrity.

-OCCUPATIONAL FRAUD-

Workplace Fraud Cost $3.2B Last Year

Fraud in the workplace cost Canadian small businesses $3.2 billion last year, an accountancy group says. The report published Tuesday by the Certified General Accountants Association of Canada (CGA) found some 290,000 small and medium-sized enterprises were victimized by some sort of occupational fraud last year.

The survey of firms with less than 500 employees found that one in four, or 26 per cent, of companies had been cheated by an employee. The most common examples would be misappropriation of either company assets and inventory, or straight cash.

Workplace Fraud ‘Like an Atomic Bomb’

Workplace fraud is costing Canada’s small and medium enterprises (SMEs) at least $3.2 billion a year and the problem appears to be growing. Roughly 290,000 SMEs were victims of one or more instances of work-place fraud in the past year, says a Certified General Accountants Association of Canada (CGA-Canada) study. In addition to financial loss, workplace fraud also damages staff morale and management confidence. “It can be like an atomic bomb going off inside of a business,” Greg Draper, national leader of investigative forensic ser-vices with MNP LLP says. “There’s shock, frenzy and you don’t want to believe it happened.” Companies should invest in pre-employment background checks, monitor internal controls and systems, enforce a zero-tolerance policy, and tailor prevention and detection measures to the needs of the organization.

-LEGAL ISSUES-

Ontario Court Paves Way for Victims of Privacy Intrusion to Sue Snoopers  

The Ontario Court of Appeal has created a new way for individuals to sue people who invade their private information, a ground-breaking step in the legal system’s attempts to come to terms with the digital age of online record-keeping and communications. With information being generated and stored at a staggering rate, legislation has not kept pace, leaving aggrieved parties no recourse against those who violate their privacy, until now. In his ruling, Judge Sharpe created a new legal tort called “intrusion upon seclusion.” The decision will provide a legal avenue for those whose sexual practices, private correspondence or personal records have been snooped on for no legitimate reason. This poses a threat to companies that fail to safeguard their customers’ private information or allow it to be used for unintended purposes, Toronto lawyer Scott Hutchinson said. The court has placed a $20,000 ceiling on damages, a decision that could encourage malicious behavior and lead individuals with ample resources to violate an individual’s privacy for a small price.

-EMPLOYMENT OUTLOOK-

Canadian CEOs Optimistic, Predicting Growth in 2012: Survey

Although nearly one-half of Canadian CEOs believe the global economy will decline even further in the next 12 months, they are optimistic about growth for 2012, according to a survey by PwC. Canadian CEOs believe their organizations have been less affected by global turmoil than leaders in other countries.”Compared to other leaders, Canadian CEOs found their companies to be less affected financially by major 2011 crises events,” said Gino Scapillati, PwC’s national managing partner. The survey also found that 56 percent of Canadian CEOs increased their headcount over the past 12 months and more than half expect to do so in the next 12 months. Despite the optimism, 66 percent still had some concern about uncertain or volatile economic growth and plan to make changes to their strategies this year.

-TECHNOLOGY-

When Using Technology to Safeguard Personal Information, Sometimes Small Steps Can Prevent a Big Loss

An Office of the Privacy Commissioner of Canada (OPC) survey of 1,006 companies across Canada shows that many businesses are not employing recommended technological tools or practices to protect the digitally-stored personal information of their customers. The survey found that while the vast majority of companies are using passwords to protect personal information stored on digital devices, many do not ensure that passwords are difficult to guess or that their employees change them regularly. The survey also showed that almost 50% of companies that store personal information on portable devices like laptops, USB sticks, and tablets do not use encryption to protect the information. While the survey did find that many Canadian companies recognize the importance of protecting privacy, it is vitally important that businesses take the time to get it right – for their customers and for their own survival.

-VULNERABLE POPULATIONS-

Accused Killer Worked with Toronto Kids  

Toronto’s policy on police background checks for parks and recreation employees has been changed after it was revealed that the accused Eaton Centre shooter worked for the city taking care of kids. The shooter, Christopher Husbands, was recently arrested and charged with first-degree murder and six counts of attempted murder. Husbands had also been previously charged with sexual assault in 2010 and had a 2008 drug conviction. The city’s previous policy allowed those working with vulnerable populations to provide background checks up to three months after they started working. Coun. Giorgio Mammoliti said he’s “furious” at the city’s bureaucracy for letting Husbands work more than six months without providing a criminal record check. At a recent city council meeting, councilors planned to order a review of the city’s policies when it comes to police background checks on employees who work with kids and other vulnerable populations.   ”We’ve gotten staff to agree to change the policy so, on an ongoing basis, anybody hired has to give us those forms before they step foot (on city property) as an employee,” said Mammoliti.  

-TENANT SCREENING-

Wake Up Call for Tenant Screening in Canada

A recent survey found that 34% of Canadians don’t believe criminal record checks are important when it comes to tenancy and property rentals, even though one in 10 Canadians have a criminal record. A thorough tenant screening would have revealed red flags for Luka Rocco Magnotta – who allegedly dismembered a human body in his Quebec apartment and sent a foot to the Federal Conservatives – and for Angus Mitchell, who allegedly shot his ex-landlord and two others in a disgruntled rampage in B.C. The survey also found that 86% of Canadians would not be discouraged from applying for a property rental if they had to get a background check.

“Unfortunately, getting paid the rent is only one aspect of finding a good tenant,” says Dave Dinesen, President & CEO of BackCheck, Canada’s largest provider of criminal record and employment reference checks. “A proper screening, which involves credit, criminal, employment and previous rentals, would have uncovered red flags.”

Taxi Company Says Privacy Laws Limit Driver Checks

Background Check Changes Proposed for Ontario Bus Drivers

The Ontario government has proposed changes for school bus driver criminal record checks that the Ontario School Bus Association (OSBA) said would be a major improvement over the current requirements. According to OSBA, most school boards now insist on a “vulnerable sector search” for school bus driver applicants, which is a separate criminal check from the check that’s required under the Highway Traffic Act (HTA) to qualify for and hold a Class B or E (school bus) driver’s license. The criminal check required for the B or E driver’s license doesn’t include a check of the pardoned sexual offender database. The vulnerable sector check adds even more time and cost to the process for hiring a new school bus driver, and the association’s members have expressed frustration over the delays in getting background checks cleared for applicants. Under the changes proposed by the Ministry of Education, the HTA would be amended to eliminate the requirement for a criminal record search as a condition of getting a Class B or E driver’s license. Instead, the Education Act would be amended to require that school bus drivers have a vulnerable sector search only, which is the same requirement for school board employees. The proposed date of implementation is July 1, 2013.

Drug Testing Pits Privacy Against Safety

-IMMIGRATION-

Citizenship and Immigration Canada Announces Start-up Visa Program

Citizenship, Immigration and Multiculturalism Minister Citizen Jason Kenney (the Immigration Minister) has announced that Citizenship and Immigration Canada (CIC) will launch a Start-Up Visa Program to recruit innovative immigrant entrepreneurs who will create new jobs and spur economic growth. A “start-up” visa program differs from existing investor and entrepreneur options to the extent that the entrepreneur would not need to be the source of investment capital. Such a program would enable entrepreneurs who establish start-up businesses using capital contributed by third parties, such as venture capital firms or angel investors, to seek permanent residence in Canada. Pursuant to agreements signed with CIC, these organizations will recommend which of their members should be designated as eligible to participate in the Start-Up Visa Program, establish expert peer review panels to assist CIC officers in case determinations, and provide assurance that industry standards of due diligence were followed. Foreign entrepreneurs will have to meet certain criteria regarding language proficiency and educational qualifications. The Start-Up Visa Program is a pilot program that will commence on April 1, 2013, and will run for five years.