Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 23 FEBRUARY 2024

2023 Year In Review: Privacy

Smart & Biggar
Explore more from Smart & Biggar

2023 was an active year when it came to advances in Canadian privacy law. Here are some notable developments regarding legislative amendments and case law to keep you abreast within this ever-evolving field.

CanadaPrivacy
Parnian Soltanipanah
Parnian Soltanipanah
Melanie Szweras
Melanie Szweras
Author LinkedIn connections

2023 was an active year when it came to advances in Canadian privacy law. Here are some notable developments regarding legislative amendments and case law to keep you abreast within this ever-evolving field.

Legislative Updates

Law 25

The majority of amendments to Quebec's Act Respecting the Protection of Personal Information in the Private Sector (QC ARPPIPS) came into effect in September 2023. The amendments proposed by Law 25 (formerly Bill 64) bring the QC ARPPIPS closer in line with the European Union's General Data Protection Regulation (GDPR).

Law 25 applies to all businesses that process the personal information (PI) of Quebec residents. Some key obligations that came into force include the requirement of businesses to develop privacy governance frameworks, conduct privacy impact assessments (PIA), the imposition of additional consent requirements and more severe penalties for non-compliance, among others.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Implications Of Bill C-34, Canada’s Proposed Online Safety Framework, For Organizations

Canada's proposed Digital Safety Act introduces sweeping new obligations for social media platforms, AI chatbots, and interactive online services, requiring operators to protect children, mitigate harmful content, and implement age-verification measures. Organizations face substantial penalties of up to 5% of global revenue for non-compliance, backed by a new federal regulator with broad enforcement powers. What steps should your organization take now to prepare for this emerging regulatory framework?
CanadaPrivacy
MLT Aikins LLP
MLT Aikins LLP
Article

Canada’s Children’s Privacy Code: What It Means For Your Organization

On October 20, 2026, the Office of the Privacy Commissioner of Canada (OPC) released its Children’s Privacy Code (“the Code”). It is not new legislation, but that does not make it optional. The Code lays out how the OPC reads the Personal Information Protection and Electronic Documents Act (PIPEDA) when children’s personal information is involved online, and it is a clear preview of what the regulator will look for in complaints and investigations.
CanadaPrivacy
McKercher LLP
McKercher LLP
Article

Privacy, Data Protection, And Cybersecurity: What Foreign Companies Must Consider Before Entering The Canadian Market

Foreign companies entering Canada often assume their existing privacy programs designed for GDPR or CCPA compliance can simply extend to Canadian operations, but Canada's legal requirements demand targeted modifications. This comprehensive guide examines Canada's private sector privacy legislation, breach reporting obligations, AI governance expectations, and anti-spam regulations that businesses must navigate before launching in the Canadian market.
CanadaPrivacy
Miller Thomson
Miller Thomson
Article

OPC Issues New PIPEDA Guidance On Assessing Third-Party Service Providers

Canada's privacy regulator has released new draft guidance establishing comprehensive due diligence standards for organizations evaluating third-party service providers under PIPEDA. The framework introduces eleven best practices covering everything from data flow mapping and AI training data sourcing to vendor lock-in risks and ongoing monitoring obligations, signaling heightened expectations for privacy accountability in vendor relationships.
CanadaPrivacy
Bennett Jones LLP
Bennett Jones LLP
Article

The New Canadian Children's Privacy Code Could Impact Your Organization

Canada's Office of the Privacy Commissioner has launched the country's first Children's Privacy Code, establishing comprehensive guidelines for how organizations must handle the personal information of minors online. The Code introduces strict requirements around consent, data minimization, and prohibits practices like behavioral profiling for marketing purposes, with expectations that organizations implement age-appropriate privacy protections now rather than waiting for upcoming legislative changes.
CanadaPrivacy
Bennett Jones LLP
Bennett Jones LLP
Article

Canada’s OpenAI Findings: What Businesses Need To Know About AI And Privacy Compliance

Canadian privacy regulators have completed a joint investigation into OpenAI's ChatGPT, examining whether the company's collection, use, and disclosure of personal information complies with federal and provincial private-sector privacy legislation. The investigation involved the Office of the Privacy Commissioner of Canada alongside regulators from Quebec, British Columbia, and Alberta, scrutinizing OpenAI's practices in developing and operating its AI chatbot platform.
CanadaPrivacy
Aird & Berlis LLP
Aird & Berlis LLP
Article

Health Canada Updates Policies On Foreign Regulatory Actions, Summary Reporting, Compliance & Enforcement And Requests For New Data

Health Canada issued revised guidance on notifying Health Canada of foreign actions, effective October 1, 2026. The revised guidance clarifies the requirements to notify Health Canada of certain foreign regulatory actions specified in subsection C.01.050(2) of the Food and Drug Regulations in the specified foreign jurisdictions, which involve a serious risk of injury to human health and are relevant to the safety of the drug.
CanadaFood, Drugs, Healthcare, Life Sciences
Smart & Biggar
Smart & Biggar
Article

Health Canada Obtains Permanent Injunction To Prevent Illegal Sale Of Injectable Peptides By Canlab Research

Health Canada has secured a permanent injunction against Canlab Research, a Quebec-based online retailer, preventing the company from manufacturing, distributing, or selling unauthorized injectable peptides in Canada. This enforcement action follows years of regulatory warnings and provisional court orders aimed at stopping the illegal sale of peptide drugs promoted with unproven health claims for anti-aging, weight loss, and athletic performance.
CanadaFood, Drugs, Healthcare, Life Sciences
Smart & Biggar
Smart & Biggar