E-TIPS

On October 20, 2026, the Privacy Commissioner of Canada (the Commissioner) launched Canada’s first Children’s Privacy Code (the Code), with the goal of creating a safer and more transparent online environment for children under 18. The Code provides organizations that handle children’s personal information with guidance on how to protect children’s privacy under Canadian privacy law.

On October 6, 2026, the Federal Court (the Court) issued its decision in dTechs EPM Ltd. v British Columbia Hydro and Power Authority, 2026 FC 1235, reinstating its ruling that claim 4 of Canadian Patent No. 2,549,087 (the 087 Patent) was invalid. The Court had previously dismissed the action of dTechs EPM Ltd. (dTechs) against British Columbia Hydro and Power Authority (BC Hydro) and Awesense Wireless Inc. for infringement of the 087 Patent and declared the patent claims at issue invalid.

On October 2, 2026, the Federal Court of Canada (the Court) released its public decision in GE Renewable Energy Canada Inc. v Canmec Industrial Inc. et al., 2026 FC 1145, dismissing most of the copyright infringement claim brought by GE Renewable Energy Canada Inc. (GEREC) against Canmec Industrial Inc. et al. (Canmec).

On October 6, 2026, the Canadian Intellectual Property Office (CIPO) published the IP Canada Report 2026 (the Report), the 11th edition of its annual publication on intellectual property (IP) trends and research in patents, trademarks, industrial designs, and plant breeders’ rights within Canada and abroad by Canadians.

On September 25, 2026, the Patent Appeal Board (PAB) issued its final decision in the reconsideration of Barry and Wyatt Dusome’s card game patent application, rejecting the application for claiming non-patentable subject-matter, among other defects (Barry Dusome & Wyatt Dusome (Re), 2026 CACP 5).

On October 1, 2026, the Canadian Intellectual Property Office (CIPO) announced the launch of a new webpage that details Trademarks Opposition Board (TMOB) proceedings regarding requests for confidentiality orders and costs awards, including any resulting rulings. This follows legislative and regulatory amendments that came into force on April 1, 2025, and gave the Registrar of Trademarks (Registrar) new authority to rule on requests for confidentiality orders and costs awards in TMOB proceedings (as previously reported by the E-TIPS® Newsletter).

Bill C-36 An Act to enact the Protecting Privacy and Consumer Data Act, to amend the Personal Information Protection and Electronic Documents Act and to make amendments to other Acts (“Bill C-36”) was introduced in the House of Commons by the Government of Canada earlier this year. It enacts the Protecting Privacy and Consumer Data Act (“PPCDA”), which would repeal Part I of the Personal Information Protection and Electronic Documents Act and significantly update the federal privacy protection regime in Canada.

It is not often that outlaw motorcycle gangs and trademarks lawyers cross paths, but recent events show how they do. The Province of Quebec passed legislation in September 2026 outlawing the wearing of certain indicia of outlaw motorcycle gangs, sometimes referred to as “colours” or “patches”. Quebec's "anti-patch" law (also known as Bill 13) prohibits the public display of logos, vests, patches, and symbols associated with designated criminal organizations, including outlaw motorcycle gangs. The prohibition includes such things as club names, acronyms, logos, and associated merchandise showing support for such gangs displayed on clothing or other objects.

On September 10, 2026, the Privacy Commissioner of Canada (the Commissioner) released new guidance (the Guidance) to help businesses subject to the Personal Information Protection and Electronic Documents Act (“PIPEDA”) assess third-party service providers’ privacy practices before engaging them.

On September 11, 2026, the Federal Court (the Court) issued its decision in Bonafide Health, LLC v Bonafide Health & Drugs Limited, 2026 FC 1144, dismissing a motion by Bonafide Health, LLC’s (Bonafide) for leave to cross-examine on an affidavit that Bonafide Health & Drugs Limited (BHD) filed before the Trademarks Opposition Board (the Board), and for leave to file new evidence.

On August 25, 2026, the Alberta Court of King’s Bench (ABKB) issued its decision in BD v Germain, 2026 ABKB 590, recognizing the common law tort of intrusion upon seclusion for the first time in Alberta.

On August 28, 2026, the Office of the Privacy Commissioner of Canada (OPC) announced that it had filed an application with the Federal Court seeking an order to implement its recommendations to Google following an investigation into Google’s privacy practices that concluded on August 27, 2025.

On September 2, 2026, the Canadian Intellectual Property Office (CIPO) launched the Key Technology Expedited Program (KTEP), a pilot initiative that allows applicants to request expedited examination of patent applications related to key technology areas identified by the Commissioner of Patents.

On September 4, 2026, the Federal Court (the Court) issued its decision in Anashara v BIZU Innovation Group, 2026 FC 1132, allowing the appeal in part of a decision of the Registrar of Trademarks (the Registrar) to expunge the registration for SWAGGER (the Mark) for failure to file evidence in response to a Section 45 notice (the Notice) brought under the Trademarks Act.

The recent imposition of tariffs by each of Canada and the United States as part of their recent trade dispute may have an unintended benefit for trademark owners.

On August 17, 2026, The Office of the Information and Privacy Commissioner of Ontario (IPC) released updated guidance on police use of remotely piloted aircraft systems (RPAS), commonly known as drones (the “Guidance”). The Guidance is intended to assist police services in meeting their obligations under Ontario’s access and privacy laws when implementing or operating RPAS programs.

On August 19, 2026, the Federal Court (the Court) released its decision in PKF Trade Mark Limited v PKF Chambers Inc, 2026 FC 1072, granting PKF Trade Mark Limited (the Applicant) leave to file new evidence. The underlying proceeding was an appeal from a decision by the Trademarks Opposition Board (the Board) expunging the Applicant’s trademark (the Mark) after finding that the Applicant had failed to demonstrate use of the Mark during the relevant period.

On July 23, 2026, the Government of Canada launched a public consultation (Consultation) to help shape the next steps for safe, responsible and reliable artificial intelligence (AI). The Consultation supports the Canadian government’s commitment to advancing AI transparency, as outlined in “Canada’s National Artificial Intelligence Strategy: AI for All” (as previously reported by the E-TIPS® Newsletter here).

On August 13, 2026, the Office of the Information and Privacy Commissioner of Ontario (IPC) released an updated version of its guidelines “Planning for Success: Privacy Impact Assessment Guide for Ontario’s public institutions” (the Guidance). The updated Guidance reflects new statutory requirements under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) that will come into force on January 1, 2027.

On August 6, 2026, the Federal Court of Appeal (FCA) released its decision in Lounge Medical Spa Ltd. v. DermaSpark Products Inc., 2026 FCA 135, allowing The Lounge Medical Spa Ltd. and Roula Hamdan’s (collectively, the Appellants’) appeal from a Federal Court decision finding that they infringed DermaSpark Products Inc. and Pollogen Ltd.’s (collectively, the Respondents’) trademark rights and were liable for damages.