Karsten Wenzlaff, Advisor
August 26th, 2025
CBC | | Nov 16, 2020
Minister Bains' mandate letter hints at 'enhanced powers for the privacy commissioner'As the number of high-profile online consumer security breaches continues to grow, the federal government is expected to introduce a bill soon to shake up Canada's privacy laws — possibly as early as this week.
Innovation Minister Navdeep Bains signalled plans to introduce the legislation late last week on the House of Commons notice paper.
The bill — officially called "An Act to enact the Consumer Privacy Protection Act and the Personal Information and Data Protection Tribunal Act and to make consequential and related amendments to other Acts" — would be the first major attempt to change Canada's privacy law in decades.
Details of the bill won't be available until the legislation is tabled, but a spokesperson for Bains pointed to the promises outlined in the minister's mandate letter.
That letter — essentially the minister's marching orders from Prime Minister Justin Trudeau — tasked him with drafting a "digital charter" that would include legislation to give Canadians "appropriate compensation" when their personal data is breached.
It also promised to introduce new regulations for large digital companies to better protect Canadians' personal data and encourage more competition in the digital marketplace, and to appoint a new data commissioner to oversee those regulations.
"It will be significant and meaningful to make it very clear that privacy is important. Compensation, of course, is one aspect of it," Bains said back in January, adding that the government also wants "to demonstrate to businesses very clearly that there are going to be significant penalties for non-compliance with the law. That's really my primary goal."
The letter also calls for "enhanced powers for the Privacy Commissioner." The office of Privacy Commissioner Daniel Therrien — who has been calling for more powers — said he will be briefed on the bill after it's tabled.
"Our office has long been calling for federal privacy laws better suited to protecting Canadians in the digital age," said Therrien's spokesperson Vito Pilieci.
"We need a legal framework that allows for responsible innovation that serves the public interest and is likely to foster trust, but prohibits the use of technology in ways that are incompatible with our rights and values. The law should also provide for enforcement mechanisms that ensure individuals have access to quick and effective remedies for the protection of their privacy rights, and create incentives for broad compliance by organizations."
Earlier this month, a joint investigation by the federal, Alberta and B.C. privacy commissioners concluded that the real estate company behind some of Canada's most popular shopping centres embedded cameras inside its digital information kiosks at 12 shopping malls in major Canadian cities to collect millions of images — and used facial recognition technology without customers' knowledge or consent.
B.C. Information and Privacy Commissioner Michael McEvoy said the commissioners likely would have pursued fines against the company, Cadallic Fairview, if they'd had the power.
"Fines in a case like this would have been a consideration. It is an incredible shortcoming of Canadian law," he said.
"We as privacy regulators don't have any authority to levy fines on companies that violate peoples' personal information and that should really change."
Statistics Canada says that about 57 per cent of Canadians online reported experiencing a cyber security incident in 2018.
Bains's mandate letter also hints at the introduction of a so-called "right to be forgotten" or "right to erasure" law by calling for the "ability to withdraw, remove and erase basic personal data from a platform."
Trudeau government set to introduce privacy bill aimed at protecting CanadiansThe Trudeau government is poised to introduce legislation aimed at better safeguarding the privacy of Canadians in the digital era.
The bill, to be tabled as early as this week, would be a step toward realizing commitments set out in the mandate letter of Innovation Minister Navdeep Bains.
It would also flesh out the 10 principles — from control over data to meaningful penalties for misuse of information — that make up the federal digital charter.
Prime Minister Justin Trudeau has asked Bains to work with other ministers to advance the digital charter and beef up the privacy commissioner’s powers with the overall goal of establishing a new set of online rights.
They are to include:
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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EP&T | Christopher Reynolds | Nov 4, 2020
Last week, privacy watchdogs revealed that five million images of shoppers’ faces were collected without their consent at a dozen of Canada’s most popular malls.
Real estate company Cadillac Fairview embedded cameras equipped with facial-recognition technology, which draws on machine-learning algorithms, in digital information kiosks to discern customers’ ages and genders, according to an investigation by the federal, Alberta and B.C. privacy commissioners.
But the commissioners had no authority to levy fines against the firm, or any companies that violate Canadians’ personal information, an “incredible shortcoming of Canadian law that should really change,” B.C. information and privacy commissioner Michael McEvoy said in an email.
Despite its status as an artificial-intelligence hub, Canada has yet to develop a regulatory regime to deal with problems of privacy, discrimination and accountability to which AI systems are prone, prompting renewed calls for regulation from experts and businesses.
“We are now being required to expect systematic monitoring and surveillance in the way that we walk down the road, drive in our cars, chat with our friends online in small social-media bubbles. And it changes the way that public life occurs, to subject that free activity to systematic monitoring,” said Kate Robertson, a Toronto-based criminal and constitutional lawyer.
At least 10 Canadian police agencies, including the RCMP and Calgary and Toronto police services, have used Clearview AI, a facial-recognition company that has scraped more than three billion images from the Internet for use in law enforcement investigations, according to a report co-written by Robertson.
Other Ontario police forces also may be “unlawfully intercepting” private conversations in online chat rooms via “algorithmic social-media surveillance technology,” according to the September report from the University of Toronto’s Citizen Lab and International Human Rights Program.
“We have seen the lack of clear limits and focused regulation leaving an overly broad level of discretion in both the public and police sectors that is a call to action for governments across the country,” Robertson said in a phone interview.
Canada needs to roll out concrete rules that balance privacy and innovation, said Carolina Bessega, co-founder and chief scientific officer of Montreal startup Stradigi AI. Public trust in artificial intelligence becomes increasingly crucial as machine-learning companies move from the conceptual to the commercial stage, she said.
The regulatory vacuum also discourages businesses from deploying AI, holding back innovation and efficiency _ particularly in hospitals and clinics, where the implications can be life or death.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
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