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ARTICLE · 28 MARCH 2024

Fasken Noteworthy Privacy & Cybersecurity News (March 2024)

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This is a monthly bulletin published by the National Privacy and Cybersecurity team at Fasken. The information contained herein includes noteworthy...

CanadaPrivacy
Sam Delechantos
Sam Delechantos
Julie Uzan-Naulin
Julie Uzan-Naulin
William Deneault-Rouillard
William Deneault-Rouillard
Antoine Aylwin
Antoine Aylwin
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Privacy & Cybersecurity in Canada, the US and the EU

This is a monthly bulletin published by the National Privacy and Cybersecurity team at Fasken. The information contained herein includes noteworthy news, topics, discussions and cases in the privacy & cybersecurity landscape. If you have any questions about any of the topics herein, please reach out to our friendly Fasken Privacy and Cybersecurity team.

This Month's Noteworthy News

Federal Trade Commission Issues Statement on Quietly Changing Your Privacy Policy

On February 13, 2024, the U.S. Federal Trade Commission ("FTC") issued guidance stating that companies who change their privacy policies quietly and without notice to consumers, primarily directed at collecting more information, may be engaging in unfair and deceptive practices. The FTC specifically called out changes to a privacy policy to permit the sharing of data for AI training and similar uses. This is a reminder to all organizations to

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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Canada's privacy regulator has released new draft guidance establishing comprehensive due diligence standards for organizations evaluating third-party service providers under PIPEDA.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.
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Canada’s Counter-Tariffs On US Goods: A Primer On What Canadian Businesses Need To Know

Effective September 8, 2026, Canada implemented retaliatory tariffs on certain U.S. goods in response to the initial 50% tariffs imposed by the US under Section 338 of the Tariff Act of 1930. To operationalize these measures, the Canada Border Services Agency (CBSA) issued Customs Notice 26-23, establishing binding administrative rules on how the surtax will be applied, calculated, and collected.
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Counter-Tariffs In Force, U.S. Import Bans Announced, A Cabinet Planning Forum, An Investment Summit, EU Diplomatic Overtures And A House Returning

With Labour Day now behind us, Parliament Hill is gearing up for its September 21 return. Canada’s counter-tariffs on nearly $28 billion in American goods are now in force, and the United States has already escalated in response: President Trump has signed measures to ban certain Canadian alcohol, dairy-related products, molasses, non-alcoholic beer, motorcycles and mopeds from entering the U.S. market as of September 29, while modifying the list of Canadian goods subject to 50% tariffs effective September 15 and directing action to remove Canadian-origin products from U.S. government procurement schedules.
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Buying Quebec, Buying Canadian: What The New Orders In Council 1358-2026 And 1359-2026 Mean For Procurement

Under Order in Council 1358-2026, the Québec government authorizes, from September 7, 2026 to January 31, 2027, the Centre d'acquisitions gouvernementales (the “CAG”) to depart from the general principle that public calls for tenders must be open and without discrimination to foreign suppliers from jurisdictions bound by an intergovernmental agreement with Québec.
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More Than Skin Deep: Ontario Considers A Makeover Of Cosmetic Injection Rules

A regulatory shift now under consideration in Ontario could reshape how the province’s medical aesthetic clinics operate. The proposal, which would change how nurses are authorized to administer medical aesthetic services, invites a broader look at how Ontario currently regulates cosmetic injections and how the proposed changes would align the province more closely with the regulatory frameworks already in place elsewhere in Canada. While these procedures are often marketed as routine “spa” services, they remain medical acts that involve prescription products and carry clinical risks.
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Life Sciences-Health Canada Takes Action Against Unauthorized Peptide Sales

On July 29, 2026, Health Canada announced that it had obtained a permanent injunction against a Québec-based company in connection with the sale of unauthorized injectable peptides in Canada. The announcement reflects Health Canada’s continued focus on peptide products and serves as a reminder that injectable peptides intended for human use are regulated as prescription drugs and are subject to Canada's drug regulatory framework.
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Cleared For Takeoff? The Legal Reality Of Commercial Drones In Canada

Unmanned Aerial Systems (UAS), commonly referred to as drones, are increasingly used in Canada for commercial purposes such as infrastructure inspection, real estate photography, agriculture, filmmaking, mapping and resource exploration. Their advantages are clear: they are flexible, relatively inexpensive and capable of collecting information from angles and locations that would otherwise be difficult to access.
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