Canada's third try at privacy reform is now before Parliament. On 15 June 2026, the federal government introduced Bill C-36, which would enact the Protecting Privacy and Consumer Data Act (PPCDA) and replace the privacy part of PIPEDA (Gowling WLG). Parliament returned on 21 September, and the bill is expected to begin second reading this fall.
What the bill would change
- A new regulator. The Digital Safety and Data Protection Commission of Canada would replace the Office of the Privacy Commissioner as the private-sector privacy regulator, with direct penalty powers.
- More detailed rules. McCarthy Tétrault notes the bill turns PIPEDA's broad principles into more prescriptive obligations.
- A broader right to sue. Individuals affected by a contravention could bring claims in Federal Court or provincial superior courts, which could increase class actions (McCarthy Tétrault via Legal 500).
- Privacy as a fundamental right. The bill expressly recognizes it.
Why it matters for lenders and brokers
Mortgage files are full of sensitive data: IDs, income, credit, bank statements. Brokers and lenders routinely share them with each other, appraisers, lawyers and, in cross-border deals, US lenders and servicers. A regulator with direct penalty powers and a broader private right of action would raise the cost of getting data handling wrong.
What to do now
PIPEDA still applies until any new law is in force, so nothing changes today. But the steps that prepare you for Bill C-36 are good practice already:
- Map where borrower data goes, including outside Canada
- Put privacy terms in every broker, lender and vendor agreement
- Review consent language on applications
- Test your breach response plan
This content is general information for industry professionals and is not legal, tax or financial advice. Laws change and apply differently to each transaction; obtain advice from qualified counsel in each relevant jurisdiction. Legal counsel to the Cross-Border Private Lenders Association: Jasmine Daya & Co. Questions: info@cbpla.com