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"I've handled well over 1000 complaints to the Privacy Commissioner and dealt with 50 or so investigators over the years, as well as their bosses. I've also dealt with other commissions and, in my view, the Office of the Privacy Commissioner is both efficient and fair."

 

Richard Sharp
Corporate Privacy Coordinator
Canada Post

 

PrivaViews

July, 2003

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Privacy Acts in canada

What are Canada's private sector privacy Acts?

 

Canadian organizations involved in commercial activity are governed by the Personal Information Protection and Electronic Documents Act (PIPEDA) unless they are located in a province that has enacted legislation that has been deemed substantially similar. Learn more about PIPEDA 

 

Note:

  1. Federal works are always governed by PIPEDA regardless of location.

  2. PIPEDA applies to all personal information in any interprovincial and international transborder data flow.

NymityWhich provinces have substantially similar privacy Acts?

 

    • British Columbia - Personal Information Protection Act (PIPA). Learn more

    • Alberta - Personal Information Protection Act (PIPA). Learn more

    • Quebec - Act Respecting the Protection of Personal Information in the Private Sector (PPIPS). Learn more

 

NymityWhich provinces plan to enact substantially similar privacy Act?

 

    • Ontario may introduce a private sector Act and has introduced a healthcare privacy Act. Learn more
 
Do all privacy Acts legislate employee privacy?

 

All provincial private sector privacy acts cover employee privacy, but the courts have held that Federal Parliament cannot legislate in respect of the employer-employee relationship under its trade and commerce power, which is PIPEDA’s underpinning. 

Therefore, with the exception of Federal Works, PIPEDA does not cover employee privacy.

What privacy acts apply to the public sector?

 

Federal:  Privacy Act

 

British Columbia: Freedom of Information and Protection of Privacy Act

 

Alberta: Freedom of Information and Protection of Privacy Act

 

Saskatchewan: Freedom of Information and Protection of Privacy Act

 

Manitoba: Freedom of Information and Protection of Privacy Act

 

Ontario: Freedom of Information and Protection of Privacy Act

Municipal Freedom of Information and Protection of Privacy Act

 

Quebec: Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information

 

Prince Edward Island: Freedom of Information and Protection of Privacy Act

 

Newfoundland: Access to Information and Protection of Privacy Act (ATIPPA) - pending

 

Nova Scotia: Freedom of Information and Protection of Privacy Act

 

New Brunswick: Freedom of Information and Protection of Privacy Act

 

Yukon: Access to Information and Protection of Privacy Act

 

Northwest Territories: Access to Information and Protection of Privacy Act

 

Nunavut: Access to Information and Protection of Privacy Act

 

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