In Canada, the compliance requirements for private sector organizations subject to a finding by a Canadian federal or provincial privacy authority can vary depending on the jurisdiction. Specifically, in Québec, organizations are required to comply with the findings as a binding decision1. This is due to the legislative provisions set out in “An Act to modernize legislative provisions as regards the protection of personal information,” which was adopted unanimously on September 22, 2021, and came into force on September 22, 20221. The act introduces significant reforms to the private sector privacy laws in Québec, including mandatory breach reporting and administrative penalties for noncompliance1.
The other options provided do not accurately reflect the requirements across all jurisdictions in Canada:
Option B suggests compliance only with the findings of the Privacy Commissioner of Canada, which does not account for provincial authorities like Québec’s Commission d’accès à l’information du Québec.
Option C, which states that organizations must adopt and apply the finding within 30 days of the published report in all jurisdictions, is not accurate as the response to findings can differ between federal and provincial levels.
Option D is specific to Ontario and does not represent a general requirement for all private sector organizations in Canada. It suggests applying for judicial review within a provincial court to accept or refute the finding, which is not a standard procedure across all provinces.
Therefore, the verified answer is A, as it correctly identifies the requirement for private sector organizations in Québec to comply with the findings as a binding decision, in line with the modernized privacy laws of the province1. It is important for organizations to be aware of the specific privacy laws and regulations that apply to their operations within different Canadian jurisdictions, as outlined by the CIPP/C certification program2
