doing business in canada - Davies Ward Phillips & Vineberg LLP

PIPEDA applies in all provinces of Canada (including Ontario) other than those provinces that have enactedprivacy legislation that the federal government has determined to be substantially similar to the privacyprovisions of PIPEDA. Québec, Alberta and British Columbia have all enacted legislation which has beendetermined to be substantially similar. The provincial legislation enacted in those provinces applies to thecollection, use and disclosure of personal information for private sector businesses in those provinces that arenot federal works; PIPEDA continues to apply to entities in those three provinces that are federal works (such asbanks, railways and telephone companies). This includes both information originating from or received inQuébec, British Columbia or Alberta. While PIPEDA does not apply to organizations with respect to thecollection of employee information unless the organizations are federal works, such information is protectedunder the equivalent provincial privacy legislation. Most provinces also have specific legislation governing theprivacy of personal health information.In September 2008, the Canadian Radio-Television and Telecommunications Commission launched a national"Do-Not-Call" registry (the "DNCL"), permitting residents of Canada to register on-line up to three phonenumbers and reduce unsolicited telemarketing calls to those registered numbers. Telemarketers are required bylaw to subscribe to the National DNCL and to ensure, subject to certain exemptions, that they do not calltelephone numbers on the DNCL.54 Industrial and Intellectual Property