Condominium corporations should be reviewing their existing policies and ensure that any those policies deal with the legalization of cannabis and the upcoming changes to PIPEDA.
We are recommending that condominium corporations put into place a separate “Drug and Alcohol Policy” to specifically cover not only the use of cannabis, but other drugs and alcohol which may be used in the workplace. The policy would apply to corporations’ employees, contractors and any others performing work on behalf of the corporation including condominium managers and their staff.
In addition to implementing the Drug and Alcohol Policy, privacy policies should be updated to bring those policies into compliance with the upcoming PIPEDA amendments. The recent changes to PIPEDA relate to the requirement to notify individuals of a breach of the corporation’s security safeguards. The new rules are set out in PIPEDA regulation SOR/2018-64, Breach of Security Safeguard Regulations, which will be coming into effect on November 1, 2018.
Specifically, the regulations require corporations to do the following where there has been a breach of privacy:
- Provide direct notification to the affected individuals containing information regarding the circumstances of the breach, when it occurred, personal information compromised by the breach, number of individuals affected, description of the steps taken to mitigate risk, as well as steps the affected individuals can take, and contact information for the company
- Where direct notification would not be appropriate, provide indirect notification to affected individuals (e.g. through public communication) with the above information
- Provide a report to the Privacy Commissioner containing the above information as well as the number of people affected
- Keep a record of the breach for 24 months
If you would like more information about those policies or updates, please contact us at firstname.lastname@example.org