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ARTICLE · 26 AUGUST 2020

Genetic Non-Discrimination Act Upheld By The Supreme Court: Implications For Insurers

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On July 10, 2020, the Supreme Court of Canada upheld a federal law preventing third parties, such as employers and insurance companies, from demanding genetic information from individuals.

CanadaInsurance
Bernice Karn
Bernice Karn
Katie-May O'Donnell
Katie-May O'Donnell
Gordon Goodman
Gordon Goodman
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On July 10, 2020, the Supreme Court of Canada (the Supreme Court) upheld a federal law preventing third parties, such as employers and insurance companies, from demanding genetic information from individuals. The ruling has implications for insurance companies and employers as both may face prosecution if convicted of using information from genetic tests for insurance or employment purposes.

In 2017, the Parliament of Canada (Parliament) passed the Genetic Non-Discrimination Act (the Act) which established various prohibitions on genetic testing related to diseases. Sections 1 to 7 of the Act (the Provisions) provide for certain prohibitions in respect of genetic testing, including making it a crime to: (i) force an individual to get genetic testing; and (ii) collect, use or disclose the results of genetic testing without the individual's written consent. Under the Act, "genetic test" is defined as "a test that analyzes DNA, RNA or chromosomes for purposes such as

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