Genetic Non-Discrimination Act (S.C. 2017, c. 3)

Short Title

Marginal note:Short title

1 This Act may be cited as the Genetic Non-Discrimination Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

disclose

disclose includes to authorize disclosure. (communiquer)

genetic test

genetic test means a test that analyzes DNA, RNA or chromosomes for purposes such as the prediction of disease or vertical transmission risks, or monitoring, diagnosis or prognosis. (test génétique)

health care practitioner

health care practitioner means a person lawfully entitled under the law of a province to provide health services in the place in which the services are provided by that person. (professionnel de la santé)

Prohibitions

Marginal note:Genetic test

• 3 (1) It is prohibited for any person to require an individual to undergo a genetic test as a condition of

  • (a) providing goods or services to that individual;

  • (b) entering into or continuing a contract or agreement with that individual; or

  • (c) offering or continuing specific terms or conditions in a contract or agreement with that individual.

• Marginal note:Refusal to undergo genetic test

  (2) It is prohibited for any person to refuse to engage in an activity described in any of paragraphs (1)(a) to (c) in respect of an individual on the grounds that the individual has refused to undergo a genetic test.

Marginal note:Disclosure of results

• 4 (1) It is prohibited for any person to require an individual to disclose the results of a genetic test as a condition of engaging in an activity described in any of paragraphs 3(1)(a) to (c).

• Marginal note:Refusal to disclose results

  (2) It is prohibited for any person to refuse to engage in an activity described in any of paragraphs 3(1)(a) to (c) in respect of an individual on the grounds that the individual has refused to disclose the results of a genetic test.

Marginal note:Written consent

5 It is prohibited for any person who is engaged in an activity described in any of paragraphs 3(1)(a) to (c) in respect of an individual to collect, use or disclose the results of a genetic test of the individual without the individual’s written consent.

Marginal note:Exceptions: health care practitioners and researchers

6 Sections 3 to 5 do not apply to

• (a) a physician, a pharmacist or any other health care practitioner in respect of an individual to whom they are providing health services; or

• (b) a person who is conducting medical, pharmaceutical or scientific research in respect of an individual who is a participant in the research.

Offences and Punishment

Marginal note:Contravention of sections 3 to 5

7 Every person who contravenes any of sections 3 to 5 is guilty of an offence and is liable

• (a) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years, or to both; or

• (b) on summary conviction, to a fine not exceeding $300,000 or to imprisonment for a term not exceeding twelve months, or to both.

Canada Labour Code

8 [Amendment]

Canadian Human Rights Act

9 [Amendment]

10 [Amendments]

Coordinating Amendments

11 [Amendments]