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I'm seeing a lot of legal talk thrown around and not a lot of actual investigation of legal code. Here is my trail of determining the proper legal procedure to what we know so far. I'm providing every single document.
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/03063_01
The Personal Information Protection Act or PIPA, the relevant privacy law in British Columbia where Doki resides, has been thrown around a lot. AnyColor (Nijisanji) is a publicly traded Japanese corporation based in Tokyo, PIPA generally applies to organizations operating in British Columbia, regardless of whether they are based in the province or not.
>3(1) Subject to this section, this Act applies to every organization..
>1 - "organization" includes a person, an unincorporated association, a trade union, a trust or a not for profit organization, but does not include
>1(a) an individual acting in a personal or domestic capacity or acting as an employee, (b) a public body, (c) the Provincial Court, the Supreme Court or the Court of Appeal, (d) the Nisg̱a'a Government, as defined in the Nisg̱a'a Final Agreement, or (e) a private trust for the benefit of one or more designated individuals who are friends or members of the family of the settlor;
AnyColor does not fall into any of these definitions clearly, however, under the Tax Act, foreign employers with employees working in Canada are required to obtain a Canadian tax identification number and open a payroll account with the Canada Revenue Agency. Therefore, incorporated businesses must ensure that they comply with PIPA's provisions, and while PIPA's definition of "organization" may not explicitly mention incorporated businesses, they are typically considered within the scope of the law and must adhere to its requirements regarding the protection of personal information.
PIPA says
>3(5) If a provision of this Act is inconsistent or in conflict with a provision of another enactment, the provision of this Act prevails unless another Act expressly provides that the other enactment, or a provision of it, applies despite this Act.
The other acts referred to by PIPA
>Federal Personal Information Protection and Electronic Documents Act (PIPEDA)
https://laws-lois.justice.gc.ca/eng/acts/P-8.6/index.html
>Ontario Freedom of Information and Protection of Privacy Act (FOIPPA)
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96165_00
In situations where both federal and provincial privacy laws may apply, such as in BC where PIPEDA and PIPA could potentially both be relevant, the general principle is that the more stringent privacy law will apply. This principle is often referred to as the "federal-provincial balance." If PIPA and PIPEDA have conflicting provisions, the more protective or stringent provisions would prevail. If the provisions of both laws are compatible, organizations operating in British Columbia need to comply with PIPEDA and PIPA simultaneously.
Reference to the FOIPPA has often been dispelled as people claim PIPA would override it, but it's actually the other way around.
>3(2) This Act (PIPA) does not apply to the following: (d) personal information if the Freedom of Information and Protection of Privacy Act applies to the personal information;
FOIPPA still needs to be dissected to see what could potentially apply to Nijisanji, but for the most part FOIPPA seems to be designed to cover Canadian public bodies specifically, as private sector laws are already covered under PIPEDA and I can only do so much.
According to this PIPA Definitions (1)
>Employee includes a volunteer
>"employment" includes working under an unpaid volunteer work relationship
https://www.canada.ca/en/employment-social-development/services/foreign-workers/business-legitimacy.html
>Foreign-based employers: If you're a foreign-based employer without a Canada Revenue Agency (CRA) business number and your business address and operation are outside of Canada, submit your contract or invoice for the goods or services that you're providing in Canada (which means they have to pay tax, which means they are subject to Canadian law in regards to their resident employee)
There is no way to dispute that Doki was not a valid employee even as a contractor when even volunteers are considered by this law to be treated as an employee. We know that she is a resident of British Columbia, and has been employed by AnyColor to work from her place of residence in Canada, not Japan.
We've established that Nijisanji is considered an organization beholden to the PIPA code, and that Doki (as Selen) would be considered their employee.
The next part is where it gets juicy
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/03063_01
The Personal Information Protection Act or PIPA, the relevant privacy law in British Columbia where Doki resides, has been thrown around a lot. AnyColor (Nijisanji) is a publicly traded Japanese corporation based in Tokyo, PIPA generally applies to organizations operating in British Columbia, regardless of whether they are based in the province or not.
>3(1) Subject to this section, this Act applies to every organization..
>1 - "organization" includes a person, an unincorporated association, a trade union, a trust or a not for profit organization, but does not include
>1(a) an individual acting in a personal or domestic capacity or acting as an employee, (b) a public body, (c) the Provincial Court, the Supreme Court or the Court of Appeal, (d) the Nisg̱a'a Government, as defined in the Nisg̱a'a Final Agreement, or (e) a private trust for the benefit of one or more designated individuals who are friends or members of the family of the settlor;
AnyColor does not fall into any of these definitions clearly, however, under the Tax Act, foreign employers with employees working in Canada are required to obtain a Canadian tax identification number and open a payroll account with the Canada Revenue Agency. Therefore, incorporated businesses must ensure that they comply with PIPA's provisions, and while PIPA's definition of "organization" may not explicitly mention incorporated businesses, they are typically considered within the scope of the law and must adhere to its requirements regarding the protection of personal information.
PIPA says
>3(5) If a provision of this Act is inconsistent or in conflict with a provision of another enactment, the provision of this Act prevails unless another Act expressly provides that the other enactment, or a provision of it, applies despite this Act.
The other acts referred to by PIPA
>Federal Personal Information Protection and Electronic Documents Act (PIPEDA)
https://laws-lois.justice.gc.ca/eng/acts/P-8.6/index.html
>Ontario Freedom of Information and Protection of Privacy Act (FOIPPA)
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96165_00
In situations where both federal and provincial privacy laws may apply, such as in BC where PIPEDA and PIPA could potentially both be relevant, the general principle is that the more stringent privacy law will apply. This principle is often referred to as the "federal-provincial balance." If PIPA and PIPEDA have conflicting provisions, the more protective or stringent provisions would prevail. If the provisions of both laws are compatible, organizations operating in British Columbia need to comply with PIPEDA and PIPA simultaneously.
Reference to the FOIPPA has often been dispelled as people claim PIPA would override it, but it's actually the other way around.
>3(2) This Act (PIPA) does not apply to the following: (d) personal information if the Freedom of Information and Protection of Privacy Act applies to the personal information;
FOIPPA still needs to be dissected to see what could potentially apply to Nijisanji, but for the most part FOIPPA seems to be designed to cover Canadian public bodies specifically, as private sector laws are already covered under PIPEDA and I can only do so much.
According to this PIPA Definitions (1)
>Employee includes a volunteer
>"employment" includes working under an unpaid volunteer work relationship
https://www.canada.ca/en/employment-social-development/services/foreign-workers/business-legitimacy.html
>Foreign-based employers: If you're a foreign-based employer without a Canada Revenue Agency (CRA) business number and your business address and operation are outside of Canada, submit your contract or invoice for the goods or services that you're providing in Canada (which means they have to pay tax, which means they are subject to Canadian law in regards to their resident employee)
There is no way to dispute that Doki was not a valid employee even as a contractor when even volunteers are considered by this law to be treated as an employee. We know that she is a resident of British Columbia, and has been employed by AnyColor to work from her place of residence in Canada, not Japan.
We've established that Nijisanji is considered an organization beholden to the PIPA code, and that Doki (as Selen) would be considered their employee.
The next part is where it gets juicy
