PIPEDA Law and Ontario's Condominium Corporations

This article discusses the uncertainty surrounding the application of Canada's private sector privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA), to Ontario's condominium corporations. PIPEDA applies to organizations engaged in "commercial activity," but the definition of this term lacks clarity, leading to inconsistent determinations. Some cases suggest that not-for-profit organizations, like condominium corporations, collecting fees may be subject to PIPEDA, while others imply otherwise. The primary characterization of a condominium corporation's activity will likely determine its applicability to PIPEDA. To avoid potential complaints and legal actions, it is advised that condominium corporations assume PIPEDA applies to them. Furthermore, there is a possibility that PIPEDA may be replaced by the Consumer Privacy Protection Act (CPPA), introducing stricter requirements and higher penalties for non-compliance. However, even with the CPPA, the uncertainty regarding privacy law's application to condominium corporations may persist.