Which Law Applies to You? (Privacy in Employment)

Some links on this page take you outside of our web site. To return, please use your web browser's back button.

It is useful to understand whether your employer is covered by a provincial or federal law, because there are some differences. In addition, because different privacy commissioners oversee different types of employers, who you lodge a formal complaint with depends on which privacy commissioner is responsible for overseeing your employer.

If Your Employer is Federally Regulated

The Personal Information Protection and Electronic Documents Act (Canada). (PIPEDA) applies to your employer if it is in the following industries:

Telecommunications;
Broadcasting;
Interprovincial or international transportation (including trucking, railways and shipping);
Aviation;
Banking;
Nuclear energy;
Activities related to maritime navigation and shipping (including, for example, ports and longshoring);
Local businesses in Yukon, Nunavut, and the Territories (where all private sector activity is in federal jurisdiction);
Band councils to the extent of their operations under the Indian Act.

PIPEDA applies to employment in these industries, as well as to employment in Federal Crown corporations bound by order under the Act. The Privacy Commissioner of Canada oversees these types of organizations throughout all of Canada.

The Privacy Commissioner also oversees all businesses in provinces without a provincial privacy law like BCs PIPA (Saskatchewan, Manitoba, Ontario, Prince Edward Island, Nova Scotia, New Brunswick, Newfoundland and Labrador).

If you think your privacy rights have been breached by your employer and it is one of these types of organizations, you may lodge a formal complaint with the Privacy Commissioner of Canada. Before you do that, read about your rights under PIPEDA, which is discussed here.

If Your Employer is a BC Company or Non-Profit Organization

The Personal Information Protection Act (BC) applies to BC companies and non-profit organizations. The Information and Privacy Commissioner of BC oversees privacy compliance by businesses and other types of organizations in BC. If you think your privacy rights have been breached, you may lodge a complaint with the Information and Privacy Commissioner of BC.

Before you do that, read about your general privacy rights under PIPA (BC) and your right to request access to your personal information, which is discussed here.

If Your Employer is a BC Government Public Body

The Freedom of Information and Protection of Privacy Act (BC) (FOIPPA) applies to employees of BC government public bodies and includes the government and a long list of agencies, boards, commissions, and regulatory agencies listed in Schedule 2 and Schedule 3. The Information and Privacy Commissioner of BC oversees public bodies' privacy compliance. If you think your privacy rights have been breached and your employer is a BC government public body, you may lodge a complaint with the Information and Privacy Commissioner of BC.

Before you do that, read about your general privacy rights under FOIPPA and your right to request access to your personal information, which is discussed here.

If Your Employer is a Federal Government Institution

The Privacy Act (Canada) applies to federal government institutions any department or ministry of the government of Canada, a crown corporation and a long list of federal agencies, boards and commissions listed in Schedule 3. The Privacy Commissioner of Canada oversees federal government compliance with the Privacy Act. If you think your privacy rights have been breached by your employer and it is a federal government institution, you may lodge a formal complaint with the Privacy Commissioner of Canada.

Before you do that, read about your rights under the Privacy Act, which is discussed here.

Design by

Hosted with Love by