Canadian HR Reporter

CANADIAN HR REPORTER November 13, 2017 NEWS 7 Quebec long-term care residents allowed to install surveillance cameras BY SARAH DOBSON QUEBEC unveiled a new regu- lation recently that allows resi- dents of long-term care homes to install surveillance cameras in their rooms — without having to tell employees or the facility. And while the change has union repre- sentatives concerned, experts say it's not a black-and-white issue. The draft regulation states a resident, or resident's represen- tative, can install a monitoring mechanism — concealed or not — "only to ensure the safety of the user or that of the user's property, or to ensure the quality of the care and services provided to the user, in particular to detect a case of user maltreatment." e regulation is understand- able considering the fact it in- volves people leaving very vul- nerable relatives in long-term care situations, said Teresa Scassa, Canada research chair in informa- tion law at the University of Ot- tawa's Faculty of Law. And there have been incidences recently at care homes, with vid- eos showing "shocking stuff," she said. "But, at the same time, you've got employees working at very dif- ficult, often stressful, jobs under constant video surveillance, and that certainly does raise issues for their privacy in the workplace." Another influence could be the recent Vigi Santé decision in July, in which the Quebec Court of Ap- peal said employers have a right to use camera surveillance at their workplaces, as long as they don't intend to directly monitor work- ers and it's for a legitimate reason. The case concerned a family who installed a camera that pro- vided live-streaming of their family member at a long-term care home. ere is a need for some kind of balance between competing rights in this context, said Scassa. "On the one hand, there's the concern over the care for the resi- dent by their loved ones but, on the other hand, there are privacy implications for employees and there are also privacy implications in cases where rooms are shared for other residents, and family members of the other residents who may be captured on surveil- lance cameras." Protecting residents is legislation is about prevent- ing elder abuse, not monitoring employees of health services, according to Pierre Blain, direc- tor general of the Regroupement provincial des comités des usagers (RPCU) in Montreal, a network that works to protect the rights of users of health and social services. "People feel they are not lis- tened to, and if there was more empathy from the administration, perhaps we will not have to have these kind of cameras displayed," he said. "e legislation will per- mit the residents themselves, if they have reason, of course, to install that kind of camera — but in the bylaws, it's really about 'We feel we have to have a reason to do so.'" Many places already have cam- eras at the doors or in the corri- dors for resident safety, said Blain. "e difference now is really that you can have it in your room. e principle of it is the fact that when you are living in that kind of place, it is like living at home, and the room is your private home." And if a resident suspects theft, for example, the surveillance could prove it was a family mem- ber, another resident or a visitor who actually was the thief — not an employee, he said. "From our point of view, it is a protection for the employees be- cause we will have the real reason," he said. "at's why we're saying, for the unions or for employees, it's kind of a protection for them… and in some cases, it would show that an accident is an accident also, be- cause very often we (hear of ) peo- ple who fall on the floor but the employees were not there — they were there after to help — and then perhaps people were saying, 'Well, they were there but they did nothing,' but the camera will show that was not the real story." And other employees who work outside health services are familiar with camera surveillance, such as those at convenience stores, said Blain. "We should feel the same thing this way — it is for their security and to display the fact that they work well. If they have nothing to hide, there's nothing to hide." Employee impact However, because the regulation talks about quality of care, it may lead to complaints around issues that fall far short of abuse, said Scassa, such as: "I don't like the fact the attendant is only in the room for 20 minutes a day when I think it should be one hour a day" or "I don't find this person to be friendly enough," she said. "It might turn into that kind of MORE > pg. 32 To order your subscription call 1.800.387.5164 or 416.609.3800 www.payroll-reporter.com/subscribe Canadian Payroll Reporter is designed to keep you up to date on legislation, regulations, court decisions, technology advances and other developments that affect payroll departments. With the help of Canadian Payroll Reporter you will be able to prioritize your needs and invest in options that optimize your resources. Discover the latest policies and initiatives of the CRA, and how to apply them to your workplace. Receive timely information on pension reform, tax changes, parental leave and other requirements that affect the payroll function. PROVEN METHODOLOGY, PROFOUND IMPACT AND SUSTAINABLE RESULTS Access a sample issue now at: bitly.com/CPR-FreePreview-16 Subscribe today for only $99 * Order No. 20186-17-68660 Save $80 Payroll Reporter Can R Can R adian adian a www.payroll-reporter.com September 2016 see BRITISH COLUMBIA page 7 PM #40065782 Legislative Roundup Changes in payroll laws and regulations from across Canada News in Brief pg. 4 Feds still working to fi x Phoenix payroll problems|B.C. Tax Commission to issue report in October|Little change in average weekly earnings in May Ask an expert pg. 5 Reporting fake SINs|Successor employers and vacation entitlement |Maintaining benefi ts while on leave Alberta Reminder: Minimum wage rates going up The general minimum wage rate in Alberta will rise from $11.20 an hour to $12.20 on Oct. 1. The rate will now apply to liquor servers since the government is eliminating a separate minimum wage rate for them on Oct. 1. Other minimum wage rates are also going up at the beginning of October. The rate for certain salespersons specified in provincial regulations will rise from $446.00 per week to $486.00. The rate for domestic employees who live in their employer's residence will in- crease from $2,127 per month to $2,316. Labour Minister Christina Gray says the government will keep an see CONSIDER on page 6 Credit: Adwo/Shutterstock New folio pg. 3 The CRA has retired its Employee Fringe Benefi ts Employer Interpretation Bulletin and replaced it with a new Income Tax Folio chapter. Advocacy leads to changes Canadian Payroll Association works with government to ensure payroll's voice is heard BY SHEILA BRAWN CODES NOW replace footnotes on the T4. There are now higher thresholds for Can- ada Revenue Agency (CRA) and Revenu Québec accelerated remitters. There are now graduated penalties for late remittanc- es. The timeframe for issuing electronic ROEs now better aligns with pay cycles. These are just some of the changes the Canadian Payroll Association (CPA) has successfully advocated for governments to make in recent years. From source deduc- tions to year-end reporting to employment standards and workers' compensation, CPA president and CEO Patrick Culhane says the association regularly works with government officials and civil servants to make payroll-related laws more efficient and effective for employers, government, employees and the general public. "Advocacy is important to us," says Culhane. "Our core purpose is payroll compliance through education and see GRADUATED page 2 Payroll technology changes don't have to cause headaches Research, well-defi ned plan and stakeholder inclusion help transition BY KIM GROOME BECAUSE PAYROLL plays such a critical role, it can be easy to jus- tify keeping your existing solution even when it means managing work-arounds, manual processes and maintaining external spread- sheets. 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