In the October 2013 Speech from the Throne, the Government of Canada committed to taking steps to help prevent discrimination on the basis of genetic testing, to better ensure the safety and protection of Canadians, from the possible misuse of their personal information. The Government is taking a multi-faceted approach to advance that commitment:
- Through Legislation
The Government of Canada has introduced legislation to address issues that fall under federal authority:
- The proposed amendment to the Canadian Human Rights Act would deem discrimination on the basis of a predisposition to a disability, as inferred from genetic test results, to be discrimination on the ground of disability. This Act applies to the federal government and First Nations governments, as well as to federally regulated businesses and industries such as banks and telecommunications companies, in matters of employment and the provision of goods, services, facilities, and accommodation.
- Proposed amendment to the Privacy Act and the Personal Information Protection and Electronic Documents Act (PIPEDA) would specify that information resulting from genetic testing is among the types of personal information protected by these Acts.
The Privacy Act protects personal information collected, used and disclosed by federal government institutions listed in the Act, as well as any parent Crown Corporation and any wholly-owned subsidiary within the meaning of section 83 of the Financial Administration Act.
The Personal Information Protection and Electronic Documents Act (PIPEDA) protects personal information that is collected, used and disclosed by private sector organizations in the course of commercial activities. It also protects information on employees who work for a federally regulated business.
- Through policies
To support the coming into force of the legislation, the Treasury Board's Policy on Privacy Protection would be amended to address how government institutions, when acting in their capacity as "employer", manage the results of genetic testing to prevent discrimination on this basis. For example, institutions would not be permitted to collect the results of genetic testing outside of exceptional circumstances where bona fide occupational requirements exist.
- Through leadership
The Government of Canada will promote discussions with the provinces and territories to examine other options for preventing the misuse of genetic information. During these discussions, the provinces and territories will be encouraged to enact laws within their areas of jurisdiction, including in matters relating to employment and insurance, to protect genetic information and prevent discrimination on the basis of genetic test results.
Canada's Constitution divides law-making powers between the federal and provincial governments. Each level of government may only legislate within its own jurisdiction.
Federal authority to pass laws related to employment issues applies only to employment in the federal government, a First Nations government or a private company that is regulated by the federal government, such as a bank or a telecommunications company. The provinces and territories are responsible for regulating employment matters involving all other employers.
With respect to insurance businesses, the federal government has the authority to pass laws about incorporating insurers and providing for their corporate governance. The provinces and territories are responsible for passing laws related to insurance contracts.
Other countries with common-law systems similar to Canada's have taken diverse approaches to protecting their citizens from genetic discrimination. For example:
- The United Kingdom and New Zealand have negotiated agreements with insurers in order to help protect against genetic discrimination of their citizens.
- Australia has laws prohibiting genetic discrimination by employers.
- In the United States, the Genetic Information Non-Discrimination Act prohibits genetic discrimination by employers and private health insurers. Canada's public healthcare system already provides basic coverage to all permanent residents without discrimination.
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June 2015
Department of Justice Canada
