Category Archives: Legislation

Canada One Step Closer to Adopting C-27 and IA-specific Legislation

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The Canadian government reiterated last week that we’re collectively moving forward with the revamp of the country’s federal privacy legislation, including an offshoot meant to curb (better control, some would say) rampant and unrestricted adoption of artificial intelligence (“AI”) throughout. At the same time, the bill at issue (named C-27) moved to the second reading stage, bringing us one step closer to a formal adoption of this piece of legislation.

Bill C-27 will reinforce personal information protection throughout Canada but updating a law that is now more than 20 years old and, many would say, quite outdated. The new version of the personal information protection statute at issue will include provisions meant to generally empower individuals in a way that allows them to exercise control over their data, something the current version of the legislation has largely failed to do. Though it’s not quite GDPR, many see this new version of the Canadian privacy legislation as a much needed shot in the arm for our federal privacy regime.

At the same time, this project will likely also include Canada adopting a whole new statute meant to better control the use of AI (e.,g. by businesses), including new rules to try and minimize scenarios where AI is implemented in a way that is incompatible with personal rights and freedoms as well as Canadian values.

The Canadian government clearly says it intends to move forward with all of these. Now, it’s mostly a question of going through the rest of the legislative process, but there’s little doubt that this thing will become law before long. Stay tuned.

Québec Businesses Beware: No, You May (Still) Not Tack on Fees to Pay with a Credit Card

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Major credit card companies recently changed the rules they impose on businesses using their credit facilities to allow customers to pay them. Further to a (relatively) recent court decision, credit card companies in Canada may no longer prohibit their business customers from adding extra fees whenever a customer elects to pay for products/services with a credit card.

Until now, both Visa and MasterCard prohibited this practice in Canada, perhaps because it may tend to discourage customers from using their credit cards to pay and, thus, lead to a reduction of credit card transactions over time.

With the recent change to their policies as to this, Visa and MasterCard both now allow businesses to do this, at least up to the percentage of service charges that each card may carry (e.g., 1% to 3%), without going over, so as to avoid businesses starting to make profit with such extra fees. In the province of Québec, however, businesses should make a note that, notwithstanding this recent change, the law still prohibits such additional fees. This prohibition stems from the provincial requirement that prices actually charged be no higher than the prices that are displayed, shown or advertised.

As such, it is (and remains) illegal for a business operating in Québec to jack up the price once a customer gets to the cash, whether it be because he has red hair, because he’s wearing a blue jacket, because he wants to pay in dimes or, yup, wants to pay using a credit card.

Businesses in Québec Should Prepare to Deal with “Assistants” to the Elderly

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Further to the adoption of Bill 18, Québec individuals, including the elderly, who may wish to do so will soon be allowed to appoint one or two “assistants” to help them -a role that will be legally recognized through an amendment being made to the Civil Code of Québec.

Many feel the various protection regimes currently available for vulnerable individuals in Québec leave a gap, especially for family members wishing to help parents and the like with their everyday lives. This sort of situation often includes helping parents understand situations they may find themselves in, asking questions (from government officials or businesses, for example) and interacting with third parties with which the elderly may be required to deal with day-to-day. A good example may be calling a bank, on behalf of a parent who is a client of the institution but unwilling or unable to call him/herself.

The new role of assistants is being created to help fill that gap and avoid often-seen situations where an organization may refuse to talk to a person who is not the citizen or the client at issue him/herself, unless the caller can show he/she has legal authority. To avoid this problem, assistants will be provided with a special status under Québec law, being understood that their role will NOT be to decide or make decisions for protected individuals, but rather to assist and speak for them, whenever it may be required.

After November 1, Quebecers who regularly require help will thus be allowed to designate a loved-on (who is willing to take on this role) to assist them. After going through the formal process of appointing this person, the name of the assistant will be entered into an online database to be hosted and made available by the Québec Curateur public (pursuant to the new C.c.Q. Article 297.10). Thereafter, anyone who needs to confirm whether a person they get contacted by has been duly authorized (as somebody else’s “assistant”) will be allowed to check the database.

One should note that this possibility will be available not only for the elderly but also for other individuals who would benefit from the help of a loved one day-to-day, including those with physical or intellectual limitations, etc.

This change to Québec law will require that for businesses and organizations update their protocols to take into account the possibility that users and customers may soon be contacting them through duly appointed intermediaries. Whenever this happens, assuming the proper verifications are made, businesses and organizations will be legally prohibited from refusing to interact with a customer’s assistant. Indeed, assuming the identity of the assistant is ascertained adequately, one will then be obligated by the Civil Code of Québec to deal with the assistant as the assisted person’s representative and intermediary.

Business and organizations operating in Québec should start training their staff and update their internal protocols, rules and procedures to allow for this change as to “assistants”.