Skip to main content
All of CanadaUpdated September 2026

How Privacy Law is Enforced in Canada

The roles of commissioners, courts, tribunals, and individuals in Canadian privacy enforcement.

TL;DR

Canadian privacy enforcement combines commissioner investigations, court applications, civil torts, and criminal prosecution. Enforcement has historically been weak compared to jurisdictions like the EU, but Quebec's Law 25, new provincial reforms, and the federal Bill C-36 (introduced June 2026) are adding order-making powers and significant penalties.

Commissioner investigations

The OPC and provincial commissioners investigate complaints and issue reports. Some commissioners have order-making power; others can only make recommendations.

Commissioners also audit organizations proactively and issue public guidance.

Courts and tribunals

PIPEDA complainants can apply to the Federal Court for orders, including damages.

Bill C-36, the Protecting Privacy and Consumer Data Act (at second reading as of September 2026), would create a Digital Safety and Data Protection Commission with power to impose administrative monetary penalties; its predecessor Bill C-27 died in 2025.

Provincial superior courts hear privacy tort claims and class actions.

Criminal prosecution

Criminal Code sections cover voyeurism, non-consensual distribution of intimate images, interception of private communications, and identity theft. Prosecution is typically led by Crown counsel following a police investigation.

Administrative monetary penalties

Quebec's Law 25 allows penalties up to the greater of $10 million or 2% of worldwide turnover. Bill C-36 proposes similar penalties federally (up to $10 million or 3% of global revenue, with fines up to $25 million or 5% for offences).

Related topics

Ask AI