Can Your Employer Access Your Medical Records in Canada?

Usually, no. A Canadian employer does not gain unrestricted access to an employee’s doctor, hospital or pharmacy records merely because of the employment relationship. An employer may, however, request proportionate medical information for a legitimate workplace purpose—such as confirming an absence, assessing fitness for safety-sensitive work, administering benefits or considering disability accommodation. The governing rule depends on the workplace’s jurisdiction and the reason for the request. Canada does not have one privacy statute governing every employee record. The federal Personal Information Protection and Electronic Documents Act applies to employee information in federally regulated private-sector businesses, not to every provincially regulated workplace. Alberta, British Columbia and Quebec have private-sector privacy legislation that can govern employment information. Other provinces use different combinations of health-information legislation, employment law, human-rights law, collective agreements, workplace policies and common-law duties.