Provincial / Territorial Legislation

The alignment of federal and provincial/territorial legislative regimes for the protection of privacy in the private sector will make privacy laws easier for individuals to understand and simpler for businesses to implement. In addition, harmonization will create a more consistent set of rules with regard to the protection of personal information, covering all businesses and organizations and across all sectors, including those sectors such as health which are largely subject to the legislative or regulatory authority of provinces/territories.

Organizations subject to provincial or territorial laws that have been deemed substantially similar to the Personal Information Protection and Electronic Documents Act (PIPEDA), will be exempt from the federal Act for all intra-provincial collections, uses or disclosures of personal information. Federally regulated organizations will continue to be subject to the PIPEDA, as will cross-border collections, uses or disclosures of personal information in the course of commercial activity.

The Process for the Determination of "Substantially Similar" Provincial Legislation by the Governor in Council was published in the Canada Gazette on August 3, 2002.

The Governor in Council has issued exemption orders for organizations in the following provinces:

• Ontario (November 28, 2005)
• Alberta (October 12, 2004)
• British Columbia (October 12, 2004)
• Quebec (November 19 , 2003)

Industry Canada Press Release
Organizations in Alberta and British Columbia Receive Exemption from Federal Personal Information Protection Legislation
November 3, 2004

For more information see the following sections:

• Health & Privacy Information
• Investigative Bodies
• International Issues
• Background Material
• Related Links