Privacy Legislation

Canada

Federal

• Charter of Rights and Freedoms:

  • Unreasonable Search and Seizure: The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, c 11, s 8 "The Canadian Charter of Rights and Freedoms is a purposive document, the provisions of which must be subjected to a purposive analysis. Section 8 of the Charter guarantees a broad and general right to be secure from unreasonable searches and seizures which extends at least so far as to protect the right of privacy from unjustified state intrusion. Its purpose requires that unjustified searches be prevented. It is not enough that a determination be made, after the fact, that the search should not have been conducted. This can only be accomplished by a requirement of prior authorization." Hunter v Southam [1984] 2 SCR 145

• Regulator: The Federal Privacy Commissioner administers the following acts:

  • Public Sector: Privacy Act Privacy Act, RSC 1985, c P-21 with the following regulations:
    • Designating the Minister of Justice and the President of the Treasury Board as Ministers for Purposes of Certain Sections of the Act
    • Exempt Personal Information Bank Order, No. 5 (ND)
    • Exempt Personal Information Bank Order, No. 13 (RCMP)
    • Exempt Personal Information Bank Order, No. 14 (CSIS)
    • Exempt Personal Information Bank Order, No. 25 (RCMP)
    • Privacy Act Extension Order, No. 2
    • Privacy Act Extension Order No. 1
    • Privacy Act Heads of Government Institutions Designation Order
    • Privacy Regulations
  • Private Sector: PIPEDA Personal Information Protection and Electronic Documents Act, SC 2000, c 5 with the following regulations:
    • Agents of Her Majesty for the Purposes of Part 1 of the Personal Information Protection and Electronic Documents Act, Order Binding Certain
    • Electronic Alternatives Regulations for the Purposes of Subsection 254(1) of the Canada Labour Code
    • Electronic Alternatives Regulations for the Purposes of the Federal Real Property and Federal Immovables Act
    • Health Information Custodians in the Province of Ontario Exemption Order
    • Organizations in the Province of Alberta Exemption Order
    • Organizations in the Province of British Columbia Exemption Order
    • Organizations in the Province of Quebec Exemption Order
    • Personal Health Information Custodians in New Brunswick Exemption Order
    • Personal Health Information Custodians in Newfoundland and Labrador Exemption Order
    • Secure Electronic Signature Regulations
    • Specifying Investigative Bodies, Regulations
    • Specifying Publicly Available Information, Regulations

Provinces & Territories

British Columbia

• The Office of the Information and Privacy Commissioner for B.C. administers:

  • Public Sector: FOIP Freedom of Information and Protection of Privacy Act, RSBC 1996, c 165 with the following regulations:
    • Committees of the Executive Council Regulation
    • Freedom of Information and Protection of Privacy Regulation
  • Private Sector: PIPA Personal Information Protection Act with the following regulations:
    • Personal Information Protection Act Regulations
  • Health: E-Health Act Personal Health Information Access and Protection of Privacy Act with the following regulations:
    • Disclosure Directive Regulation
    • E-Health Regulation

BC has established a Privacy Tort with its Privacy Act.

Alberta

• The Office of the Information and Privacy Commissioner of Alberta administers:

  • Public Sector: FOIP Freedom of Information and Protection of Privacy Act with the following regulations:
    • Freedom of Information and Protection of Privacy (Ministerial) Regulation
    • Freedom of Information and Protection of Privacy Regulation
  • Private Sector: PIPA Personal Information Protection Act with the following regulations:
    • Personal Information Protection Act Regulation
  • Health: HIA Health Information Act with the following regulations:
    • Alberta Electronic Health Record Regulation
    • Designation Regulation
    • Health Information Regulation

There is currently no Privacy Tort in Alberta.

Saskatchewan

• The Office of the Saskatchewan Information and Privacy Commissioner administers:

  • Public Sector: FIPPA The Freedom of Information and Protection of Privacy Act with the following regulations:
    • Freedom of Information and Protection of Privacy Regulations, The
  • Public Sector: LAFIPPA The Local Authority Freedom of Information and Protection of Privacy Act with the following regulations:
    • Local Authority Freedom of Information and Protection of Privacy Regulations
  • Health: HIPA Health Information Protection Act, The with the following regulations:
    • Health Information Protection Regulations

Saskatchewan has established a Privacy Tort with its The Privacy Act.

Manitoba

• The Manitoba Ombudsman administers:

  • Public Sector: FIPPA The Freedom of Information and Protection of Privacy Act with the following regulations:
    • Access and Privacy Regulation
  • Private Sector: PIPITA The Personal Information Protection and Identity Theft Prevention Act NOTE Not yet enacted.
  • Health: PHIA Personal Health Information Act with the following regulations:
    • Personal Health Information Regulation

Manitoba has established a Privacy Tort with its The Privacy Act.

Ontario

• The Office of the Information and Privacy Commissioner/Ontario is responsible for:

  • Public Sector: FIPPA Freedom of Information and Protection of Privacy Act with the following regulations:
    • Disposal of Personal Information
    • General
  • Public Sector: MFIPPA Municipal Freedom of Information and Protection of Privacy Act with the following regulations:
    • General
    • Institutions
  • Private Sector: None, PIPEDA applies
  • Health: PHIPA Personal Health Information Protection Act, 2004 with the following regulations:
    • General

There is no statutory tort of privacy in Ontario, but the 2012 Court of Appeal decision in Jones v. Tsige has recognized the tort of intrusion upon seclusion in Ontario.

Québec

• The Charter of human rights and freedoms s.5. states, "Every person has a right to respect for his private life."

• Privacy is protected in the Code Civil, specifically in ss. 3, 35, 36, 37, 38, 39,40, and 41.

• The Commission d'accès à l'information du Québec administers:

  • Public Sector: An Act respecting Access to documents held by public bodies and the Protection of personal information with the following regulations:
    • Code of ethics of the members of the Commission d'accès à l'information
    • Distribution of information and the protection of personal information, Regulation respecting the
    • Fees for the transcription, reproduction or transmission of documents or personal information, Regulation respecting
    • Procedure for selecting persons qualified for appointment as members of the Commission d'accès à l'information, Regulation respecting the
    • Proof and procedure before the Commission d'accès à l'information, Rules of
    • Public bodies that must refuse to release or to confirm the existence of certain information, Regulation respecting
  • Private Sector: An Act respecting the Protection of personal information in the private sector (no regulations)
  • Health: None, PIPEDA applies

Tort: See Civil Code above. A breach of the rights to privacy provided in the Civil Code and in the Québec Charter can lead to the award of both monetary, non-monetary damages (such as inconvenience stress, embarrassment) and punitive damages.

Newfoundland and Labrador

• The Office of the Information and Privacy Commissioner, Newfoundland and Labrador is responsible for:

  • Public Sector: ATIPPA Access to Information and Protection of Privacy Act with the following regulations:
    • Access to Information Regulations
  • Private Sector: None, PIPEDA applies
  • Health: PHIA Personal Health Information Act with the following regulations:
    • Personal Health Information Regulations
    • Pharmacy Network Regulations

Newfoundland and Labrador has established a Privacy Tort with its Privacy Act.

New Brunswick

• The Office of the Access to Information and Privacy Commissioner is responsible for:

  • Public Sector: Right to Information and Protection of Privacy Act with the following regulations:
    • General Regulation
  • Private Sector: None, PIPEDA applies
  • Health: PHIPAA Personal Health Information Privacy and Access Act with the following regulations:
    • Regulation

Nova Scotia

• The The Nova Scotia Freedom of Information and Protection of Privacy Review Office is responsible for:

  • Public Sector: FIPPA Freedom of Information and Protection of Privacy Act with the following regulations:
    • Freedom of Information and Protection of Privacy Regulations
    • Schedule to the Act Listing Public Bodies, Regulations Amending the
  • Public Sector: Privacy Review Officer Act (does not apply to municipal bodies)
  • Public Sector: Municipal Government Act _Part XX, Freedom of Information and Protection of Privacy. (no privacy relevant regulations)
  • Public Sector: Personal Information International Disclosure Protection Act with the following regulations:
    • Personal Information International Disclosure Protection Regulations
  • Private Sector: There is no general privacy statute for the private sector in Nova Scotia, but see the Personal International Disclosure Protection Act below in relation to service providers to public bodies.
  • Health: PHIA Personal Health Information Actwith the following regulations:
    • Personal Health Information Regulations

Prince Edward Island

• The Information and Privacy Commissioner is responsible for:
  • Public Sector: FOIPPA Freedom of Information and Protection of Privacy Act with the following regulations:
    • General Regulations
  • Private Sector: None, PIPEDA applies
  • Health: None, PIPEDA applies

Yukon

• The Yukon Ombudsman & Information Privacy Commissioner is responsible for:

  • Public Sector: ATIPPA Access to Information and Protection of Privacy Act as amended by:
    • Access to Information and Protection of Privacy Act, Act to Amend the
    • Access to Information and Protection of Privacy Act, Act to Amend the
    • Access to Information and Protection of Privacy Act and the Health Act, Act to Amend the
  • and with the following regulations:
    • Access to Information Regulation
    • Designation of Public Bodies Regulation
  • Private Sector: None, PIPEDA applies
  • Health: None, PIPEDA applies

Northwest Territories

• The Office of the Commissioner of the Northwest Territories

  • Public Sector: ATIPPA Access to Information and Protection of Privacy Act with the following regulations:
    • Access to Information and Protection of Privacy Regulations
  • Private Sector: None, PIPEDA applies
  • Health: None, PIPEDA applies

Nunavut

• The Information and Privacy Commissioner of Nunavut

  • Public Sector: ATIPPA Access to Information and Protection of Privacy Act with the following regulations:
    • Access to Information and Protection of Privacy Regulations
  • Private Sector: None, PIPEDA applies
  • Health: None, PIPEDA applies