Canadian Lawyer InHouse

27 CANADIANLAWYERMAG.COM/INHOUSE MARCH 2016 a lot of murky clouds hovering over us," says Innes, adding that many still feel confused by CASL's requirements. "People are still not certain what steps actually achieve the intended outcomes of the legislation." Speirs agrees. A full year and a half in and what was revealed in 2015 was heavy enforcement with significant penalties to companies such as Compu-Finder (fined $1.1 million) and Plenty of Fish ($48,000) for failure to have the appropriate unsub - scribe mechanisms in place. Legislative changes are also occupying Brent Davis' time at McMaster University in Hamilton, Ont. Davis, who is corporate counsel with the institution's office of legal services, says changes to the Occupational Health and Safety Act and the definition of worker will have an impact on all the univer - sities in Ontario. "We are working through what that means for students, for example, who go out for co-op and other work place- ments. That's a big piece of work," he says. Last year, the Ontario government in- troduced a new definition of worker under the OHSA that expands coverage to unpaid students from secondary schools and other unpaid learners or trainees who are not em - ployees for the purposes of the Employment Standards Act, 2000. The province's "It's never OK" action plan on sexual violence and harassment is also something on which Davis is focused. In late 2015, the government proposed a law forcing employers to take sexual harassment and violence complaints more seriously and to create an easier path for victims taking legal action. The legislation aims to make "workplaces, campuses, and communities" safer and "more responsive to the needs of survivors and to complaints about sexual violence and harassment." If passed, the legislation would require every publicly funded college and university and private career college to have a policy on sexual violence and review it every three years. Also, employers would have to inves - tigate harassment incidents and complaints properly and have sexual harassment pre- vention programs. It would also remove the limitation period for all civil proceedings based on sexual assault and, in certain cases, sexual misconduct or assault, so that survi- vors can bring civil claims forward when- ever they choose to do so. McMaster has updated its discrimination and harassment policy — that was rolled out July 1 of last year, but Davis says there is still a lot of work in learning and educa - tion among the community that legal staff ONTARIO REPORT Proud to be named one of Ontario's Top 10 Regional Firms by Canadian Lawyer magazine Fogler, Rubinof f LLP | Lawyers | 7 7 King Street West, Suite 3000, TD Centre, Toronto ON M5K 1G8 | 416.86 4.9700 | foglers.com Build results with the team you can trust Member of International Law yer s Network

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