What is the regulatory framework governing employers’ access to genetic information in Canada?
In Canada, there are no existing legal documents specifically prohibiting genetic discrimination. However, genetic information could be contained in the notion of personal information, so it would be protected by legal instruments relating to privacy and discrimination. • The Canadian Charter of Rights and Freedoms (1982) protects individual privacy against State intrusion, unless access is reasonable and justifiable. The Charter does not apply between individual citizens or non-governmental enterprises; it applies only to state actors. • The Privacy Act (1983) imposes obligations on ministers and federal organizations to respect individual privacy rights in regulating the collection, use, and communication of personal information. • The Personal Information Protection and Electronic Documents Act (2000) outlines basic rules relating to the way that private sector organizations can collect, use and communicate personal information in the context of commercial activities.
