Privacy Clause Vanishes from Canada’s Online Streaming Act in Legislative Mix-Up

 

Parliament Hill in Ottawa. The Heritage Department said it is now aware of 'an inadvertent oversight' that removed a privacy provision in its Online Streaming Act.

The federal government has acknowledged what it calls an “inadvertent oversight” that resulted in the removal of a key privacy safeguard from the Online Streaming Act just two months after it became law.

The clause — introduced in the Senate at the urging of Canada’s privacy commissioner — required the Act to be interpreted in a way that respected individuals’ right to privacy. It was accidentally replaced during the passage of an unrelated official languages bill, leaving the legislation with two nearly identical provisions on linguistic minority communities and none on privacy.

Senator Julie Miville-Dechêne, who sponsored the privacy amendment, expressed frustration and urged a swift fix. Privacy experts, including University of Ottawa law professor Michael Geist, warned that while general privacy laws still apply, the deleted clause ensured the Broadcasting Act would be interpreted through a privacy lens — a nuance now lost.

The Heritage Department says it is reviewing the matter, but critics argue the error underscores the need for stronger safeguards in legislative drafting and verification.