Does my insurer have the right to see my genetic test results?

The short answer is no — and the law protects you.

Canada's Genetic Non-Discrimination Act (GNDA) has been in force since 2017. It makes it a criminal offence for insurers to require you to take a genetic test — or share your results — to get coverage.

Here's what that means for you.

Your insurer cannot make you take a genetic test

This applies to any kind of insurance — life, disability, critical illness, or accidental death and dismemberment. No insurer can require genetic testing before issuing, renewing, or paying out on a policy.

Your insurer cannot make you share results you already have

Even if you've had testing done for your own health, you don't have to hand over those results. An insurer cannot refuse coverage, charge you higher premiums, or withhold a benefit just because you won't share your genetic information.

So if an application is asking for your genetic test results, you don't have to provide them. If your insurer threatens to deny your application or a future claim because you said no, they may be breaking the law.

What about your diagnosis?

Insurers can still ask about your medical history, your family health history, and your current symptoms — that's all allowed. And if you make a claim for a condition that was found through genetic testing, you'll need to disclose the clinical diagnosis. What you don't have to share is the underlying genetic test data.

What counts as a genetic test?

The GNDA covers any test that analyzes your DNA, RNA, or chromosomes to predict disease, monitor a condition, or guide a diagnosis. This includes things like:

• Testing for hereditary breast and ovarian cancer

• Testing for Lynch syndrome

• Pharmacogenomic panels

• Whole-genome sequencing

Are there any exceptions?

Yes — but none that apply to insurers. Doctors, pharmacists, and other health care providers can still order genetic tests and share results with other providers involved in your care. Researchers working with consenting participants are also exempt.

The key point: insurers are not health care providers. Neither are their lawyers, reinsurers, or independent medical examiners working in an insurance context. None of them can use these exceptions.

What can you do if your insurer asks?

• Decline. Say you're not consenting to share genetic test results, and note that the Genetic Non-Discrimination Act prohibits insurers from requiring this.

• Put it in writing. Email your response so you have a record.

• Get legal advice if your claim is threatened. If your insurer tries to deny coverage because you said no, that may be a criminal offence. A lawyer with experience in insurance matters can help you push back.

What happens if an insurer breaks the rules?

The consequences are serious — up to $1,000,000 in fines and five years in prison for serious cases. Both the insurer and the individuals involved can face liability. This isn't a minor regulatory penalty. Don't be afraid to stand your ground.