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Publications

October 16th, 2024

Sharing personal information among financial institutions: A right that may be expanded for improved anti-money laundering efforts

Pursuant to the Budget Implementation Act, 2024, No. 1, passed on June 20, 2024, reporting entities subject to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, including banks and other institutions, are to be permitted to share an individual’s personal information with each other, without the individual’s knowledge or consent, for the purpose of detecting or deterring money laundering, terrorist activity financing or sanctions evasion.

Publications

September 26th, 2024

Professionals are directly liable for disclosures of personal patient information, even if they address the situation in good faith

On October 27, 2023, the Québec College of Physicians’ Disciplinary Council rendered a major decision regarding the minimum threshold professionals must meet to protect the personal information they gain access to in the context of their work. The decision makes it clear that a professional’s lack of familiarity with a cloud platform on which medical information concerning patients is stored does not release them from their duty of professional secrecy and confidentiality. They are still expected to strictly control access to these types of platforms.

Publications

September 23rd, 2024

The right to portability: new obligations for businesses and public bodies – Update

Publications

September 13th, 2024

Consumer protection: Draft regulations regarding new monetary administrative penalties (and more new penal fines)

An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods was passed on October 5, 2023. It brings significant changes to the Consumer Protection Act and adds new requirements for the quality, durability, and repairability of goods. It introduces a range of provisions, including new monetary administrative penalties that take effect on January 5, 2025.

Publications

September 12th, 2024

Rejection of a bid submitted in response to a public tender: The Court of Appeal of Québec modifies the analytical framework for classifying major irregularities

On August 13, 2024, the Court of Appeal of Québec issued an important decision in Municipalité de Mansfield-et-Pontefract v. Location Martin-Lalonde inc. concerning the analysis of bid compliance in the context of a public tender and, in particular, the principles applicable to what constitutes a major irregularity requiring that a bid be rejected.

Publications

September 11th, 2024

Psychological harassment and sexual violence in the workplace: Provisions effective September 28, 2024

On March 21, 2024, the National Assembly of Québec unanimously adopted the long-awaited Bill 42, An Act to prevent and fight psychological harassment and sexual violence in the workplace. While some of its amendments took effect on March 27, 2024, when the Act received royal assent, other major changes to the Act respecting labour standards, Act respecting industrial accidents and occupational diseases, Act respecting occupational health and safety and the Labour Code are set to take effect on September 28, 2024. This article briefly summarizes the Act’s major legislative amendments and what they mean for employers.