Industry committee  In broad strokes, things that say “includes but are not limited to” can be helpful in some of those indications. However, I'd have to see the specific wording because the challenge is that you want to make sure you aren't narrowing or closing to just the things that you are then about to list.

Industry committee  Obviously, in our view, 14 isn't old enough. The personal information of teenagers aged 15 to 18 is also sensitive.

Industry committee  I gather that, if this amendment is adopted, the rights and remedies will fall to the parent or guardian when the minor child lacks the capacity or desire to exercise them. However, if the teenager has the capacity to do so, they can exercise their rights and remedies.

Industry committee  This term is widely used by the courts. There are precedent‑setting capacity tests to determine, based on certain factors, whether a person has a certain capacity.

Industry committee  A citizen's voting age is determined solely by a government decision. It isn't really related to the concept of the age of majority or minority. No section of the Canada Elections Act states that only adults can vote. The voting age is simply set at 18. In this context, the age of minority or majority isn't defined, nor is the concept of a child or adult.

Industry committee  At the international level, a number of approaches establish rights and responsibilities with regard to children's personal information. For example, the children's code in England sets the age of majority at 18. The Canadian bill is perfectly compatible with this approach. We must acknowledge that, for the purposes of this bill, age matters because any information concerning children or minors is sensitive.

Industry committee  Mr. Chair, that's where the second portion of the “Authorized representatives” kicks in: The rights and recourses provided under this Act may be exercised (b) on behalf of an individual, other than a minor, under a legal incapacity by a person authorized by law to administer the affairs or property of that individual; These would be legal determinations made on someone who has been determined by the courts to no longer be capable of managing their affairs and for which there would be an appointee who would be governed by that.

Industry committee  I think the committee heard from a number of representatives. Fourteen was requested by a number of industry stakeholders. I think you've heard some testimony and some considerations from us as officials that the 15- to 18-year-old area still contains a lot of potentially sensitive information.

Industry committee  At this time, no federal legislation defines the age of minority or majority. The only age defined is the voting age, which is set at 18. However, that has nothing to do with the concept of majority. Bill C‑63 on harmful content online is currently proposing that the age of majority be set at 18 in the digital world.

Industry committee  Mr. Chair, I want to thank the member for the question. I think it would be important to return to page 6 of the bill and clause 4 on “Authorized representatives”, where it clearly notes: The rights and recourses provided under this Act may be exercised —and then with the most important part here— (a) on behalf of a minor by a parent, guardian or tutor, unless the minor wishes to personally exercise those rights and recourses and is capable of doing so; Essentially, the reversion is to the individual, so that 14-, 15- or 16-year-old who wants to steward their own personal information has the recourse to be able to do so, particularly if they're capable of being able to do so.

Industry committee  Essentially what would have to happen is that, first of all, an individual would be looking to actually direct the relationship of their data. By and large, what we're talking about here is recourse and rights. Let's imagine that it was the right to deletion or the right for data mobility.

Industry committee  Again, I would just go back to the “Authorized representatives” piece, where the rights and recourses of the act are afforded “on behalf of a minor by a parent, guardian or tutor, unless the minor wishes....” In your case, if those 17-year-olds had sought out their own autonomous path, and are capable of doing so, they can exercise the rights and recourses and the fundamental right to privacy on their own behalf, under the guise of the law, without needing to pursue the role of the guardian.

Industry committee  The only time that might arise is when the commercial entity holding this information receives a request or, potentially, has instructions given on the treatment of the personal information, and they themselves, potentially, get conflicting instructions. Let's imagine that someone has....

Industry committee  I would point to two things that I think are important. One is that under this definition of “minor”, minors' information under the act, as we've now identified through the amendments, will be defined as “sensitive” information, which means that it requires a duty of care and a greater level of protection.

Industry committee  Thank you for that question. As a Manitoban who had the unlucky fate of turning 18 and then immediately moving to the province of Ontario for university, where there was a different understanding of what competency was as it related to the consumption of libations, I feel this point quite deeply.