What are the implications of the Genetic Non-Discrimination Act (2017)?

In May 2017, the Canadian Government enacted into law the Genetic Non-Discrimination Act, Bill S-201. The law "prohibits any person from requiring an individual to undergo a genetic test or disclose the results of a genetic test as a condition of providing goods or services to, entering into or continuing a contract or agreement with, or offering specific conditions in a contract or agreement with, the individual" (with exceptions for health care practitioners and researchers). 

Amendments to the Canadian Labour Code, Canadian Human Rights Act and Criminal Code of Canada ensure that federal employees and industries protect against this type of discrimination. Practically speaking, this will mostly impact the areas of employment and insurance, meaning employers and insurance providers will be prevented from requesting tests or results related to genetic characteristics. However, the protection applies to any goods, services or contracts within the federal sphere. 

There are serious penalties for contravention of the Act.  An individual facing an indictment could be liable for a fine up to $1 million, imprisonment for 5 years or both for a contravention of the prohibitions included in the Act, as summarized above. Alternatively, on summary conviction, an individual could be liable for a fine up to $300,000, imprisonment for 12 months or both. The penalties, which could include imprisonment, demonstrate the seriousness of this particular form of discrimination.

Currently, a private member's bill, Bill 164 is seeking to amend Ontario's Human Rights Code to include protection on the basis of genetic characteristics (among other proposed prohibited grounds of discrimination within the provincial sphere). This bill was carried forward at the second reading stage on October 26, 2017 and has been referred to the Standing Committee on Regulations and Private Bills. Time will tell whether Ontario will amend its Human Rights Code (and/or other relevant legislation) to align with federal protections.