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ARTICLE · 05 NOVEMBER 2014

Overdue Legislative Action Threatens Existence Of Made-In-Alberta Privacy Laws

On November 15, 2013, the Supreme Court of Canada issued its decision in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401.

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On November 15, 2013, the Supreme Court of Canada issued its decision in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401 (United Foods), ruling that Alberta's Personal Information Protection Act (PIPA) was unconstitutional and declaring it invalid. As noted in a previous post, the Court suspended the declaration of invalidity until November 15, 2014 in order to provide the legislature with sufficient time to decide how to best make the law constitutional.

As of the date of this post, the Alberta government has not tabled any amendment to PIPA. In response to growing concerns that PIPA may lapse, including those raised by Alberta's Privacy Commissioner in a letter to Alberta's Premier, the Alberta government has formally filed a motion with the Court to extend the November 15, 2014 deadline.This motion, recently approved by the Court, extends the suspension of the declaration of invalidity for a period of six months.

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