Section 247.98 — Canada Labour Code: Definitions

The following definitions apply in this Division. disclose includes to authorize disclosure. ( communiquer ) genetic test , in relation to an employee, means a test that analyzes the employee’s DNA, RNA or chromosomes for purposes such as the prediction of disease or vertical transmission risks, or monitoring, diagnosis or prognosis. ( test génétique ) Every employee is entitled not to undergo or be required to undergo a genetic test. Every employee is entitled not to disclose or be required to disclose the results of a genetic test. No employer shall dismiss, suspend, lay off or demote an employee, impose a financial or other penalty on an employee, or refuse to pay an employee remuneration in respect of any period that the employee would, but for the exercise of the employee’s rights under this Division, have worked, or take any disciplinary action against or threaten to take any such action against an employee because the employee refused a request by the employer to undergo a genetic test; because the employee refused to disclose the results of a genetic test; or on the basis of the results of a genetic test undergone by the employee. No person shall disclose to an employer that an employee has undergone a genetic test, or disclose to an employer the results of a genetic test, without the written consent of the employee. No employer shall collect or use the results of a genetic test without the written consent of the employee who has undergone the test.