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November 21, 2020 – Canada promises big fines for companies that breach new privacy law

November 21, 2020

TOP STORY Federal government proposes new privacy legislation to overhaul private-sector privacy regime   COVID UPDATES Federal government proposes ground-breaking private sector privacy legislation   CTA DECISIONS Suspension – Ace Belgium Freighters S.A. c.o.b. Ace Beligum Freighters – Order No. 2020-A-S-45 License No. 190060 Suspension – Ace Belgium Freighters S.A. – Order No. 2020-A-S-46 License No. 190059 Suspension – C.A.L. Cargo Air Lines Ltd. – Order No. 2020-A-S-47 License No. 120075 Suspension – Martinair, Incorporated – Order No. 2020-A-S-42 License No. 977035 Suspension – Saudi Arabian Airlines Corporation – Order No. 2020-A-S-43 License No. 130072 Suspension – Saudi Arabian Airlines…

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Federal government proposes ground-breaking private sector privacy legislation

November 20, 2020

On November 17, 2020, the federal government introduced Bill C-11, the Digital Charter Implementation Act, 2020 (“DCIA”), which would serve to overhaul Canada’s federal private sector privacy law regime. The new scheme would introduce two new statutes, the Consumer Privacy Protection Act (“CPPA”) and the Personal Information and Data Protection Tribunal Act (“PIDPTA”), and replace the existing Personal Information Protection and Electronic Documents Act (“PIPEDA”) with the Electronic Documents Act. The DCIA takes obvious influence from the EU’s General Data Protection Regulation (“GDPR”), and represents a sea change for the federal private sector privacy regime, establishing a new administrative tribunal…

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November 14, 2020 – Statement by Minister Garneau on measures to protect Canadians from the impacts of COVID-19 on the air travel sector

November 14, 2020

TOP STORY Garneau says discussions will begin on government help for major airlines and airports   CTA DECISIONS Suspension – Nicholas Services, LLC c.o.b. Nicholas Air – Order No. 2020-A-S-30 License No. 170008 Suspension – Grondin Transport Inc c.o.b. Grondair – Determination No. A-2020-184 License Nos. 962323 and 967103 Suspension – Silverhawk Aviation, Inc – Order No. 2020-A-S-29 License No. 120098 – license reinstated   TC/TSB NEWS Airworthiness directives Government of Canada announces agreement with Government of Yukon to support essential air services to remote communities Statement by Minister Garneau on inaugural National Drone Safety Awareness Day Statement of Minister…

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November 7, 2020 – New mandatory requirements for all air travellers entering Canada

November 7, 2020

TOP STORY New requirements for air travellers to Canada are mandatory   CIRB DECISIONS Declaration of Sale of Business – Bradley Air Services Limited c.o.b. Canadian North – Order No. 11555-UCIRB declares that a sale of business has occurred with the meaning of the Canada Labour Code, that Bradley Air Services Limited c.o.b. Canadian North is the successor employer and that CUPE continues to be the certified bargaining agent for a bargaining unit comprising “all cabin personnel employed by Bradley Air Services Limited carrying on business as Canadian North, excluding supervisors, and those above” Declaration of Sale of Business – Bradley Air Services…

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October 31, 2020 – Aviation workers take to streets of Toronto and Montreal to demand support

October 31, 2020

TOP STORY Aviation workers rally to urge the federal government to create a national aviation recovery strategy   CTA DECISIONS Suspension – Richmor Aviation, Inc – Order No. 2020-A-183 License No. 967343. Suspension – CFFI Ventures Inc – Order No. 2020-A-182 License No. 170023. Suspension – North Star Air Ltd – Order No. 2020-A-178 License Nos. 980025 and 980026. Suspension – Sharkey’s Helicopters, Inc – Order No. 2020-A-179 License No. 020011. Suspension – Hangar Acquisition Corp c.o.b. Queen City Jet Charters – Order No. 2020-A-181 License No. 060003. Suspension – Fig Air Inc – Order No. 2020-A-180 License Nos. 160042…

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October 24, 2020 – Report: Trudeau Government preparing airline bailout package

October 24, 2020

TOP STORY Federal cabinet readies airline bailout package   CTA DECISIONS Suspension – Airborne Aircraft Management, LLC c.o.b. Seattle Aircraft Charter – Order No. 2020-A-177 License no. 190020 Application – Türk Hava Yollari Anonim Ortakligi (Turkish Airlines Inc.) carrying on business as Turkish Airlines and Turkish Cargo (Turkish Airlines), on behalf of itself and ACT Havayollari A.S. (ACT Airlines Inc.) carrying on business as ACT Airlines (ACT Airlines) – Determination No. A-2020-179 Application for license to provide scheduled international service, all-cargo aircraft, between Turkey and Canada using two aircraft with flight crew provided by ACT Airlines, until September 11, 2021…

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October 17, 2020 – WestJet cuts ‘just the leading edge’ if feds don’t provide aid to airlines: experts

October 17, 2020

TOP STORY WestJet indefinitely suspends flights across Atlantic Canada and to Quebec City   CTA DECISIONS Request to Extend Order No. 2020-A-105 by Air Canada – Letter Decision No. LET-A-66-2020 Agency extended the period of temporary exemption from the provisions of section 64 of the CTA and section 14 of the Air Transportation Regulations for all carriers that hold a domestic license – air services may be or remain suspended without carriers’ having to provide the normal 120 days of notice or engage in consultations regarding those sections – Agency also extended order to permit any carrier that has provided…

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October 10, 2020 – Pilots preferred reduced hours and pay cuts to pandemic layoffs

October 10, 2020

TOP STORY WestJet pilots agreed to take 50% hit to their compensation to help preserve jobs   COVID-19 UPDATES Canada recovery benefits legislation receives assent   DECISIONS Motion to strike judicial review application – Air Passenger Rights v. Canada (Transportation Agency), 2020 FCA 155 Canadian Transportation Agency (CTA) brought motion to strike judicial review application filed by Air Passenger Rights (APR) – application related to two statements made on the CTA website prompted by the COVID-19 pandemic with respect to providing vouchers to passengers when flights are cancelled – CTA unable to identify any precedent that clearly supports its position…

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Ontario Reverts to Modified Stage 2 Restrictions for Ottawa, Toronto and Peel Region

October 9, 2020

On October 9, 2020, the Ontario government announced additional targeted public health measures in the Ottawa, Toronto and Peel public health unit regions. These modified Stage 2 restrictions will be implemented for a minimum of 28 days and reviewed on an ongoing basis. Effective Saturday, October 10, 2020 at 12:01 a.m., the targeted measures that are being implemented in Ottawa, Toronto and Peel under a modified Stage 2 will include the following: Reducing limits for all social gatherings and organized public events to a maximum of 10 people indoors and 25 people outdoors where physical distancing can be maintained. The…

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October 7, 2020 – OLRB Dismisses Unions’ Appeal of Province’s Back to School Plan

October 7, 2020

OLRB Dismisses Unions’ Appeal of Province’s Back to School Plan OSSTF et al v Her Majesty the Queen in Right of Ontario, 2020 CRTO The Unions alleged that the Ministry of Education’s Guide to Re-opening Schools violated the Occupational Health and Safety Act (OHSA) and appealed the Ministry of Labour’s refusal to inspect and/or issue orders to the Ministry of Education under OHSA to correct the deficiencies of the Guide. The OLRB dismissed the Unions’ appeals holding that it did not have jurisdiction to deal with them absent an inspection conducted by a Ministry of Labour inspector.   HUMAN RIGHTS…

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Canada Recovery Benefits Legislation Receives Royal Assent

October 5, 2020

Focus readers will recall that, in late August, the Federal Government announced its intention to introduce legislation that would support the creation and implementation of three new recovery benefits to become available as of September 27, 2020: Canada Recovery Benefit (“CRB”) Canada Recovery Sickness Benefit (“CRSB”) Canada Recovery Caregiving Benefit (“CRCB”) On September 24, 2020, the Federal government tabled Bill C-2, An Act relating to economic recovery in response to COVID-19. Amongst other things, Bill C-2 would have enacted the Canada Recovery Benefits Act to authorize the payment of the CRB, CRSB and CRCB in response to COVID-19. On September…

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October 3, 2020 – National Airlines Council of Canada supports call by major unions for sectoral assistance

October 3, 2020

TOP STORY NACC supports call by major unions for sectoral assistance   CTA DECISIONS Application – Cargojet Airways Ltd. c.o.b. Cargojet Regional – Determination No. 2020-169 Application for a license to operate a scheduled international services, all-cargo aircraft – Agency issues the license. Suspension – Buffalo Aerial Services Ltd. – Determination No. A-2020-168 Application to continue the suspension of License No. 050028 – reasons provided in support of the Licensee’s request warrant continued suspension. Suspension – Wells Gray Air Services Ltd – Order No. 2020 A-148 License suspended pursuant to subsection 63(1) of the CTA. Cancellation – Air Liaison Inc….

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New Mandatory Screening for Employees and Essential Visitors in Ontario Workplaces

October 1, 2020

As part of increased measures to help stop the surge of COVID-19 cases, the Government of Ontario amended O. Reg 364/20: Rules for Areas in Stage 3 (the “Regulation”) effective September 26, 2020. The amendment requires any person responsible for a business or organization that is open to operate the business or organization in compliance with the advice, recommendations and instructions issued by the Office of the Chief Medical Officer of Health on screening individuals. The Ministry of Health has concurrently issued a “COVID-19 Screening Tool for Workplaces (Businesses and Organizations)” (the “Tool”). The Tool contains recommendations for businesses or…

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September 26, 2020 – Airlines demand concrete plan for financial aid following Throne Speech

September 26, 2020

TOP STORY Airlines demand concrete plan for financial aid following Throne Speech   DECISIONS Grievance, holiday pay – Air Canada Pilots Association v Air Canada, 2020 CanLII 68783 (CA LA) Union grieves that Pilots are entitled to holiday pay pursuant to Part III of the Canada Labour Code – Arbitrator found employees had substituted their general holidays for dates selected under Article 19.02.02 of the Collective Agreement – Arbitrator further concluded employees had not made themselves available for work, and therefore did not meet the conditions for the receipt of holiday pay under the Code – grievance dismissed.   CTA DECISIONS Suspension – CD Pilot and Aircraft…

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September 19, 2020 – Government receives over 310,000 requests for safe plan to restart travel and tourism

September 19, 2020

TOP STORY Letter campaign calls for safe plan to restart travel and tourism   CTA DECISIONS Application – Sander Geophysics Limited – Determination No. A-2020-161 Application for license to operate a non-scheduled international service, small aircraft – license issued. Application – Sander Geophysics Limited – Determination No. A-2020-162 Application for license to operate a domestic service, small aircraft – license issued. Application – Swoop Inc. – Determination No. A-2020-159 Application for license to operate a scheduled international service, large aircraft – license issued. Application – Swoop Inc. – Determination No. A-2020-160 Application for license to operate a scheduled international service,…

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