March



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| Energy & Utilities
March 29, 2016
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Preemployment Drug And Alcohol Testing

The law of drug and alcohol testing in Canada is in a state of evolution.

hile the Supreme Court of Canada's decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v Irving Pulp & Paper Ltd, provided important guidance on the strict standard that employers must meet in order to subject employees to random testing, it raised many questions regarding how those principles would be applied to other forms of testing.

The trend in the case law suggests that the Court's analysis in Irving Pulp & Paper is not limited to random testing. For example, in Re Mechanical Contractors Association Sarnia v UA Local 663, the Ontario Superior Court of Justice upheld an arbitration award which applied Irving Pulp & Paper to conclude that the employer did not have the right to require pre-employment testing.

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March 29, 2016
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Athletics Canada Updates Criminal Record Check Policy In Wake Of Oversight

Athletics Canada has changed its policy on criminal record checks after discovering that the father and part-time coach of world champion pole vaulter Shawn Barber was convicted in the U.S. of having sex with a high school student.
 
George Barber, who was a teacher and coach in New Mexico, was convicted in 2007 of criminal sexual penetration of a 17-year-old student in 2005 and is a registered sexual offender in that state.
 
Athletics Canada does background checks on coaches but didn't pick this up because it happened in the U.S.
 
Spokesperson Mathieu Gentes said, "We 've just updated our policies, so for any international coaches there now has to be an Interpol search which would have found this".
 
The national governing body for track and field also banned him from coaching or representing the association in any capacity.

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March 29, 2016
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Russia Releases Data Localization Inspection Plan

In mid-January, the territorial divisions of Russia's Data Protection Authority, Roskomnadzor, uploaded their 2016 plans for conducting inspections of local companies' compliance with Russia's data localization requirements, and there are a number of prominent multi-national companies on the list.
 
This policy of extending the inspections to entities having online activities is in line with the position Roskomnadzor expressed at its November 2015 Personal Data Conference, where Roskomnadzor's representative informed attendees that in 2016 the regulator would focus its enforcement efforts on organizations acting via Internet.
 
At the same conference, a Roskomnadzor representative announced that its inspections as of that date resulted in three administrative fines issued under the data localization requirement.
 
Companies operating in Russia should check these inspection lists to determine whether they, or members of their industry, will be subject to audits in the upcoming year.

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