Key facts
- A genetic test means a test analysing DNA, RNA or chromosomes for purposes such as predicting disease or vertical transmission risk, or for monitoring, diagnosis or prognosis.
- Section 3 bars requiring a genetic test as a condition of providing goods or services, entering or continuing a contract, or offering or keeping particular terms, and bars refusing these because someone declined a test.
- Section 4 applies the same bar to requiring disclosure of results, and to refusing because someone declined to disclose.
- Section 5 bars collecting, using or disclosing a person's results without written consent when doing those things.
- Exclusion: sections 3 to 5 do not apply to physicians, pharmacists and other health care practitioners for people they are serving, or to researchers for research participants.
- Penalties: on indictment a fine up to 1,000,000 dollars, up to five years in prison, or both; on summary conviction up to 300,000 dollars, up to twelve months, or both.
- The Canada Labour Code amendment gives employees the right to refuse a test or disclosure, bars penalties for refusing or based on results, and allows a complaint within 90 days.
- The Canadian Human Rights Act lists genetic characteristics as a prohibited ground and deems discrimination for refusing a test or disclosure to be on that ground.
- The Supreme Court majority held Parliament could make the rules as criminal law, though its five judges split on the main purpose; the four dissenters saw them as concerning contracts.
- The Court's summary gives life insurance as an example of what the rules touch: an insurer could not require a test to obtain cover.
- Before the Act, the CLHIA code of 2014 ruled out required testing and results of anyone other than the person insured, and a 2017 change, effective 1 January 2018, stopped requests for new applications up to 250,000 dollars.
- Commentary says applicants must still disclose material facts such as medical history, and that reports relying on genetic tests may be hard for underwriters. This is law firm opinion.
- A 2024 FACETS study excerpt says family history questions remain on life insurance forms; the study was not opened.
Timeline
- 2014CLHIA adopts its industry code on genetic testing.
- 2016Bill S-201 passes the Senate.
- 2017CLHIA announces the 250,000 dollar commitment, effective 1 January 2018.
- 2017Act receives assent.
- 2020Supreme Court upholds the Act, 2020 SCC 17.
- 2020Commentary on implications for insurers published.
- 2026Consolidated text current to this date.
Sources for this page
- Justice Laws Website: Genetic Non-Discrimination Act, S.C. 2017, c. 3 (consolidated full text)
- Parliament of Canada: Bill S-201, Royal Assent text (42nd Parliament, 1st session)
- Justice Laws Website: Canada Labour Code, page listing sections 257 to 270
- Justice Laws Website: Canadian Human Rights Act, sections 1 to 3 area
- Supreme Court of Canada: Case in Brief, Reference re Genetic Non-Discrimination Act, 2020 SCC 17
- Canadian Life and Health Insurance Association news release: Life and health insurers adopt new industry code on genetic testing (25 September 2014, CNW)
- Investment Executive: Life insurers to adopt changes to use of genetic testing information in 2018
- Cassels: Genetic Non-Discrimination Act upheld by the Supreme Court, implications for insurers (25 August 2020)
- DOAJ record: FACETS (January 2024) article on genetic non-discrimination and life insurance application forms