Clearinghouse of Professional Information

Legislation Affecting Public Libraries in Ontario

This section includes links to legislation, at the provincial and federal levels, of interest to public libraries.                                               Français

Topics include:

Accessibility | Children |  Copyright | Employment | Health and Safety | Municipal Law | Privacy | Screening | Taxation

	indicates an item written by SOLS staff		indicates an item written by OLS-North staff
Clicking on certain topics will open a new window, if the link is to a topic included in an other Clearinghouse page

General Resources

• Criminal Code of Canada ( R.S. 1985, c. C-46 ) Note:Large document, over 2 megs
• French Language Services Act
• Ontario Human Rights Commission

Accessibility

• Access Laws for Guide Dog Users (Guide Dog Foundation for the Blind)
• Accessibility Resources OLS Clearinghouse page on accessibility issues of interest to Ontario public libraries

Children

• Aged-based laws (Justice for Children and Youth) As an advocacy organization, Justice for Children and Youth provides direct legal assistance in all areas of children’s law to eligible children and youth of Toronto and vicinity. In conjunction with legal assistance we provide community outreach and public legal education. Summary legal advice, information and assistance to young people, parents, professionals and community groups are provided on a province wide basis.
• Child Abuse and Neglect. Summary of Relevant Criminal Code of Canada Offences, from The B.C. Handbook for Action on Child Abuse and Neglect.Useful tables of concordance, under main topics.
• Film Classification Act 2005 (Ontario Film Review Board). The Act, which was passed on May 30, 2005, replaces the Theatres Act, and provides a modern legislative framework to govern film and video exhibition and distribution.  See also Mainstream Film Labelling and the Canadian Home Video Rating System 
• Your age & the law (Justice for Children and Youth) Lists legal age requirements in Ontario for various rights and activities.

Copyright

• ACCESS Copyright. The Canadian Copyright Licensing Agency. To obtain a copyright licence for public libraries in Ontario.  ACCESS Copyright has a bilateral agreement with COPIBEC, its sister agency in the province of Quebec.
• Canadian Library Association: Copyright Information
• The Copyright Act. (Revised Statutes of Canada, 1985 Chapter C 42) Up to date to December 2007
• Copyright Collective Societies (Copyright Board of Canada) A collective society is an organization that administers the rights of several copyright owners. It can grant permission to use their works and set the conditions for that use. Collective administration is widespread in Canada, particularly for music performance rights, reprography rights and mechanical reproduction rights. Some collective societies are affiliated with foreign societies; this allows them to represent foreign copyright owners as well.
• Copyright Information Circulars   Canadian Intellectual Property Office. (See  Exceptions for Libraries ... and Parallel Importation of Books)
• Fair and Balanced Copyright for Canadians  Grassroots Advocacy Kit from CLA
• Fair Dealing (.pdf) December 2008 (Canadian Association of University Teachers) This is an excellent tool for scholars, librarians, and university lawyers alike. Fair Dealing is the right, within limits, to
  reproduce a substantial amount of a copyrighted work without permission from, or payment to, the copyright owner
• Performing Rights Licences: Audio-Ciné Films and Criterion Pictures
• What is a public performance? by The Canadian Motion Picture Distributors Association. Anti-Piracy Operations

Employment Law

• Bill 211 and Mandatory Retirement: Is Your Library Prepared? Information prepared by SOLS staff, October 2005.
• Employment Standards Act  Ontario Ministry of Labour
• Employment Standards Act 2000. Overview of changes.Gowling Lafleur Henderson LLP, Barristers and Solicitors (PDF file)
• The ins and outs of wrongful dismissal for charities and nonprofits (Canadian Fundraiser e-news) The dismissal of an employee is never an easy or pleasant task. However, in these difficult economic times, the dismissal of an employee may be necessary to maintain the economic viability of your organization. The purpose of this article is to set out the legal requirements for dismissing an employee and the risks and costs associated with a wrongful dismissal claim, as well as providing some guidance on how to decrease the risk of facing a wrongful dismissal claim by a former employee.
• Pay Equity Act (Office consolidation) and Pay Equity Commission. A special for the rights of Employees
• Workplace Safety and Insurance Board(WSIB) Most businesses in Ontario that employ workers (including family members and sub-contractors) must register with the WSIB within 10 days of hiring their first full- or part-time worker. It's the law.  Registering with the WSIB provides workplace insurance coverage for all of your workers and gives you access to experts in health and safety for your business sector.

Health and Safety

• First Aid Regulations (Workplace Safety and Insurance Board, Ontario)
• Occupational Health and Safety Act, Guide to (.pdf) (Ontario Ministry of Labour) 
• Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009. Bill 168 will come into force in June 2010. It amends the OHS Act  to address issues of workplace harassment and violence. Summary by SMG Law.  'Employers will be required to develop written policies with respect to both workplace violence and workplace harassment and must review those policies at least once per year.  Employers must also develop and maintain programs to implement the policies and to deal with incidents and complaints of workplace violence and harassment.'
• SBH Management Lawyers Update. (.pdf) Electronic Newsletter Feb 3, 2010. On new workplace violence duties.
• Violence Prevention OHSA Amendments related to violence protection, Jan. 4, 2010 (.pdf) (Education Safety Association of Ontario). This document reviews the amendments to the Occupational Health & Safety Act contained in Bill 168 and makes recommendations on actions to be taken by employees.

Municipal Law

• Development Charges Act (R.S.O. 1997, Chapter 27)
• Development Charges By-Law: Fact sheet for public libraries. Prepared by the Southern Ontario Library Service, January 2010. This includes selected links to actual studies done in various municipalities, where libraries are included.
• Guide to Developing Procurement Bylaws. In December 2001, a new Municipal Act (Municipal Act, 2001, S.O. 2001, Chapter 25, hereinafter referred to as the “Act”) was passed by the Ontario Legislature.  The Act gives municipalities a broad new flexibility to deal with local circumstances, and to react quickly to local economic, environmental or social changes. A new feature of the Act is the transparency /accountability provisions aimed at ensuring taxpayers can easily understand how their municipality operates.   As part of this requirement, before January 2005, municipalities and local boards must develop policies – adopted by bylaw or in the case of local boards by resolutions – that will be used for procuring goods and services. This procurement guide will help municipalities and local boards fulfil this requirement."Excerpt from Ministry website)
• Municipal Act, 2001 Policy Requirements. Considerations When Drafting Policies Required by the Municipal Act. Information prepared by SOLS staff, June 2004.
• Municipal Act 2001. Questions and Answers for Public Libraries (Ministry of Culture) / Loi de 2001 sur les municipalités. Questions et réponses à l’intention des bibliothèques publiques (Ministère de la Culture)
• Municipal Act e-guide (Ministry of Municipal Affairs and Housing) The e-guide compares the old act with the new, explains the legislation and gives practical information on implementing the new act.
• Municipal Conflict of Interest Act
• Municipal Performance Measurement Program (MPMP) (Ministry of Municipal Affaires and Housing) Reporting forms for libraries
• Who must hold an open meeting? from Investigating Closed Municipal Meetings: Frequently Asked Questions (Office of the Ombudsman of Ontario)

Privacy

• Guidelines for Using RFID Tags in Ontario Public Libraries (Information and Privacy Commissioner of Ontario) Libraries must balance the advantages of using RFID technology with the potential privacy intrusions such technology can bring. RFID technology can be configured to ensure the privacyof library patrons is maintained.
• Information and Privacy Commissioner / Ontario. This site contains descriptions of papers produced by the IPC on a variety of access and privacy topics. It also contains a number of IPC publications and guides. In addition, there is a listing of privacy and access topics of interest to the IPC, as well as links to other access and privacy sites.
  - IPC Downloable brochures The IPC produces a variety of brochures, including its core brochures - set up in question and answer format on access, appeals, privacy, and both the provincial and municipal Freedom of Information and Protection of Privacy Acts. Most of the IPC's brochures are aimed at the public. 
• Municipal Freedom of Information and Protection of Privacy Act. Questions and Answers for Public Libraries (Ministry of Culture) 
• Personal Information Protection and Electronics Document Act (PIPEDA) Factsheet for charities and nonprofits. The fact sheet points out that the presence of commercial activity is the most important consideration for nonprofits. While the act of asking for donations is not subject to the Act, charities and nonprofits are still required to seek appropriate consent if selling, bartering, or leasing lists. These are considered to be commercial activities.
•  What are the privacy responsibilities of public libraries? (Information and Privacy Commissioner of Ontario) 2002

Screening

• Best Practice Guidelines for Screening Volunteers, 2008  (Volunteer Canada) This booklet outlines the essential steps for screening persons applying to work as volunteers. Organizations should consult the resources at the end of this booklet for more detailed information on how to conduct volunteer screening. As soon as any organization opens for business – whether run by staff or volunteers – it has a responsibility to appropriately screen any person who will have access to vulnerable persons. All non-profit organizations should develop a screening approach that is consistent with its duty of care. Organizations will be held accountable for the harm caused to participants resulting from their failure to exercise their duty of care.
• Security Clearance Checks Policy (Oakville Public Library)

Taxation

• Charitable Status: T2050  - Application to Register a Charity Under the Income Tax Act
                               Becoming a Registered Charity
                              Registering a Charity for Income Tax Purposes Form T4063 (Canadian Customs and Revenue Agency)
• GST Public Service Bodies' Rebate (Canada Customs and Revenue Agency)
• G500-4-2 Municipal Rebates (GST 500-4-2)



 
• Harmonized Sales Tax (HST) : The legislation was passed on December 9, 2009 by the federal , Ontario and B.C. provincial governments.
  Exemptions:  for books, children's clothing and footwear, children's diapers, children's car seats and car booster seats, and feminine hygiene products. Recent additions to the list include prepared food under $4 and print newspapers. Some items that will still be subject to the HST are gasoline and many service-oriented fees.
   Important dates:  
  Goods and services — effective May 1, 2010, the HST will apply to amounts paid or payable on or after this day for goods or services provided on or after July 1, 2010.
  Subscriptions to newspapers, magazines and other periodical publications — The HST will not apply to subscriptions paid for before July 1, 2010.
  
• Tax Harmonization: Frequently Asked Questions (CBC News)