This article is part of our Bill 64 Blog Series, which will provide readers with a 360° view on Bill 64 and its sweeping amendments to Quebec’s Act Respecting the Protection of Personal Information in the Private Sector (the “Private Sector Act”). To view other blog posts in the series, please visit this page.

On September 16, 2021, the Quebec National Assembly adopted the report of the Committee on Institutions (the "Committee") on the Act to Modernize Legislative Provisions respecting the Protection of Personal Information ("Bill 64") with its amendments. The Quebec government tabled the Committee report on September 14, 2021, which was quickly adopted after brief debates at the Quebec National Assembly.

Bill 64 represents a major privacy regime reform aimed at improving transparency, increasing the level of data confidentiality and reinforcing consent requirements. Bill 64 will bring many changes to the current privacy regime in the province of Québec and lead the privacy law reform movement in Canada.

There are only a few more steps left for Bill 64 before it receives royal assent. Bill 64 will be subject to a vote in the Quebec National Assembly, at which stage there may be further amendments. If Bill 64 receives a majority vote, it will receive royal assent and become law. Given the current Quebec government holds a majority in the National Assembly, the adoption of Bill 64 can reasonably be expected to be completed quickly sometime this fall.

This tabling of the report of the Committee took place almost a year and a half after the bill was first introduced by Sonia Lebel, then Minister responsible for Democratic Institutions, Electoral Reform and Access to Information. The Committee on Institutions began detailed study of Bill 64 in February 2021 following a public consultation. The responsibility for the Bill was also transferred to Éric Caire, Minister Responsible for Access to Information and the Protection of Personal Information. The Committee terminated its detailed study of the Bill on August 24, 2021. The report from the Committee was then presented for detailed consideration by the Quebec National Assembly on September 14, 2021.

In a previous blog published on the occasion of the introduction of Bill 64 in the Quebec National Assembly, we reported on the amendments to the current Private Sector Act proposed by the Bill in its initial form. In a second, more recent blog, we discussed the amendments adopted by the Committee on Institutions.

Stay tuned for more McCarthy Tétrault publications on this topic.

To learn more about how our Cyber/Data group can help you navigate the privacy and data landscape, please contact national co-leaders Charles Morgan and Daniel Glover.