Privacy Reference
Privacy Legislation
A reference guide to the privacy legislation, regulators, and (where applicable) common-law or civil-law privacy torts in place across Canada's federal, provincial, and territorial jurisdictions.
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
The Federal Privacy Commissioner administers the following acts:
Privacy Act, RSC 1985, c P-21
Regulations (9)
- 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
PIPEDA — Personal Information Protection and Electronic Documents Act, SC 2000, c 5
Regulations (12)
- 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
British Columbia
The Office of the Information and Privacy Commissioner for B.C. administers:
FOIP — Freedom of Information and Protection of Privacy Act, RSBC 1996, c 165
Regulations (2)
- Committees of the Executive Council Regulation
- Freedom of Information and Protection of Privacy Regulation
PIPA — Personal Information Protection Act
Regulations (1)
- Personal Information Protection Act Regulations
E-Health Act — Personal Health Information Access and Protection of Privacy Act
Regulations (2)
- 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:
FOIP — Freedom of Information and Protection of Privacy Act
Regulations (2)
- Freedom of Information and Protection of Privacy (Ministerial) Regulation
- Freedom of Information and Protection of Privacy Regulation
PIPA — Personal Information Protection Act
Regulations (1)
- Personal Information Protection Act Regulation
HIA — Health Information Act
Regulations (3)
- 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:
FIPPA — The Freedom of Information and Protection of Privacy Act
Regulations (1)
- Freedom of Information and Protection of Privacy Regulations, The
LAFIPPA — The Local Authority Freedom of Information and Protection of Privacy Act
Regulations (1)
- Local Authority Freedom of Information and Protection of Privacy Regulations
HIPA — Health Information Protection Act, The
Regulations (1)
- Health Information Protection Regulations
Saskatchewan has established a Privacy Tort with its The Privacy Act.
Manitoba
The Manitoba Ombudsman administers:
FIPPA — The Freedom of Information and Protection of Privacy Act
Regulations (1)
- Access and Privacy Regulation
PIPITA — The Personal Information Protection and Identity Theft Prevention Act — NOTE: Not yet enacted.
PHIA — Personal Health Information Act
Regulations (1)
- 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:
FIPPA — Freedom of Information and Protection of Privacy Act
Regulations (2)
- Disposal of Personal Information
- General
MFIPPA — Municipal Freedom of Information and Protection of Privacy Act
Regulations (2)
- General
- Institutions
None, PIPEDA applies
PHIPA — Personal Health Information Protection Act, 2004
Regulations (1)
- 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 also 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:
An Act respecting Access to documents held by public bodies and the Protection of personal information
Regulations (6)
- 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
An Act respecting the Protection of personal information in the private sector (no regulations)
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 and 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:
ATIPPA — Access to Information and Protection of Privacy Act
Regulations (1)
- Access to Information Regulations
None, PIPEDA applies
PHIA — Personal Health Information Act
Regulations (2)
- 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:
Right to Information and Protection of Privacy Act
Regulations (1)
- General Regulation
None, PIPEDA applies
PHIPAA — Personal Health Information Privacy and Access Act
Regulations (1)
- Regulation
Nova Scotia
The Nova Scotia Freedom of Information and Protection of Privacy Review Office is responsible for:
FIPPA — Freedom of Information and Protection of Privacy Act
Regulations (2)
- Freedom of Information and Protection of Privacy Regulations
- Schedule to the Act Listing Public Bodies, Regulations Amending the
Privacy Review Officer Act (does not apply to municipal bodies)
Municipal Government Act, Part XX, Freedom of Information and Protection of Privacy (no privacy-relevant regulations)
Personal Information International Disclosure Protection Act
Regulations (1)
- Personal Information International Disclosure Protection Regulations
There is no general privacy statute for the private sector in Nova Scotia, but see the Personal Information International Disclosure Protection Act above in relation to service providers to public bodies.
PHIA — Personal Health Information Act
Regulations (1)
- Personal Health Information Regulations
Prince Edward Island
The Information and Privacy Commissioner is responsible for:
FOIPPA — Freedom of Information and Protection of Privacy Act
Regulations (1)
- General Regulations
None, PIPEDA applies
None, PIPEDA applies
Yukon
The Yukon Ombudsman & Information Privacy Commissioner is responsible for:
ATIPPA — Access to Information and Protection of Privacy Act, as amended
Amendments & regulations (5)
- 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
- Access to Information Regulation
- Designation of Public Bodies Regulation
None, PIPEDA applies
None, PIPEDA applies
Northwest Territories
The Office of the Commissioner of the Northwest Territories:
ATIPPA — Access to Information and Protection of Privacy Act
Regulations (1)
- Access to Information and Protection of Privacy Regulations
None, PIPEDA applies
None, PIPEDA applies
Nunavut
The Information and Privacy Commissioner of Nunavut:
ATIPPA — Access to Information and Protection of Privacy Act
Regulations (1)
- Access to Information and Protection of Privacy Regulations
None, PIPEDA applies
None, PIPEDA applies