Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5)

Act current to 2015-11-16 and last amended on 2015-06-23. Previous Versions

Commissioner’s Report

Marginal note:Contents
  •  (1) The Commissioner shall, within one year after the day on which a complaint is filed or is initiated by the Commissioner, prepare a report that contains

    • (a) the Commissioner’s findings and recommendations;

    • (b) any settlement that was reached by the parties;

    • (c) if appropriate, a request that the organization give the Commissioner, within a specified time, notice of any action taken or proposed to be taken to implement the recommendations contained in the report or reasons why no such action has been or is proposed to be taken; and

    • (d) the recourse, if any, that is available under section 14.

  • (2) [Repealed, 2010, c. 23, s. 84]

  • Marginal note:Report to parties

    (3) The report shall be sent to the complainant and the organization without delay.

  • 2000, c. 5, s. 13;
  • 2010, c. 23, s. 84.

Hearing by Court

Marginal note:Application
  •  (1) A complainant may, after receiving the Commissioner’s report or being notified under subsection 12.2(3) that the investigation of the complaint has been discontinued, apply to the Court for a hearing in respect of any matter in respect of which the complaint was made, or that is referred to in the Commissioner’s report, and that is referred to in clause 4.1.3, 4.2, 4.3.3, 4.4, 4.6, 4.7 or 4.8 of Schedule 1, in clause 4.3, 4.5 or 4.9 of that Schedule as modified or clarified by Division 1 or 1.1, in subsection 5(3) or 8(6) or (7), in section 10 or in Division 1.1.

  • Marginal note:Time for application

    (2) A complainant shall make an application within one year after the report or notification is sent or within any longer period that the Court may, either before or after the expiry of that year, allow.

  • Marginal note:For greater certainty

    (3) For greater certainty, subsections (1) and (2) apply in the same manner to complaints referred to in subsection 11(2) as to complaints referred to in subsection 11(1).

  • 2000, c. 5, s. 14;
  • 2010, c. 23, s. 85;
  • 2015, c. 32, s. 13.
Marginal note:Commissioner may apply or appear

 The Commissioner may, in respect of a complaint that the Commissioner did not initiate,

  • (a) apply to the Court, within the time limited by section 14, for a hearing in respect of any matter described in that section, if the Commissioner has the consent of the complainant;

  • (b) appear before the Court on behalf of any complainant who has applied for a hearing under section 14; or

  • (c) with leave of the Court, appear as a party to any hearing applied for under section 14.