Genetic information

How BC law treats it

The Genetic Non-Discrimination Act, SC 2017, c 3 applies across Canada. Sections 3 to 5 prohibit anyone from requiring an individual to undergo a genetic test, or to disclose the results of a test, as a condition of providing goods or services or of entering into or continuing a contract. They also prohibit collecting, using or disclosing test results in that setting without the individual's written consent. Under s. 6, these rules do not apply to health care practitioners in respect of patients they are treating or to researchers in respect of research participants. Breach is a criminal offence punishable by fines of up to $1,000,000 and up to five years' imprisonment on indictment (s. 7). The Supreme Court of Canada upheld these provisions as valid federal criminal law in Reference re Genetic Non-Discrimination Act, 2020 SCC 17. Genetic information is also personal information under BC's Personal Information Protection Act, SBC 2003, c 63 (PIPA). A BC private organization needs consent to collect, use or disclose it (s. 6), may collect it only for purposes a reasonable person would consider appropriate, and must protect it with reasonable security arrangements (s. 34). Federally regulated businesses and some cross-border data flows fall under PIPEDA instead. Human rights protection differs by jurisdiction. The federal Canadian Human Rights Act, RSC 1985, c H-6 lists genetic characteristics as a prohibited ground, but it applies only to federally regulated employers and service providers. The BC Human Rights Code, RSBC 1996, c 210 does not list genetic characteristics as a ground. A BC claim could arise only indirectly, for example where an employer treats a person as having a perceived disability because of a genetic result.

What it means for your business

Health tech, biotech, wellness and insurtech companies in BC handle genetic data as a core asset, and the Genetic Non-Discrimination Act carries criminal penalties, not just privacy complaints. Any onboarding flow, customer agreement or service that asks for genetic test results needs careful design and express written consent. Employers and insurers also need to know that refusing a contract or service because someone will not share test results can be an offence. Strong security and narrow purposes reduce both regulatory and reputational risk. Example: A Vancouver wellness app wants users to upload consumer DNA test results before they can subscribe. Making the upload a condition of the subscription would breach the Genetic Non-Discrimination Act, so the company makes it optional, obtains written consent and limits use to the features the user chooses.

Risks and common mistakes

Assuming the BC Human Rights Code directly prohibits genetic discrimination by provincially regulated employers and landlords. Requiring genetic test results as a condition of a contract or service because the customer agreed in the terms of service. Treating genetic data like ordinary customer data without a specific consent and a documented purpose under PIPA. Forgetting that the Genetic Non-Discrimination Act is criminal law that applies to BC businesses regardless of provincial privacy rules. Storing genetic results without security measures proportionate to their sensitivity.