Marginal note:Sensory disability
10. An organization shall give access to personal information in an alternative format to an individual with a sensory disability who has a right of access to personal information under this Part and who requests that it be transmitted in the alternative format if
(a) a version of the information already exists in that format; or
(b) its conversion into that format is reasonable and necessary in order for the individual to be able to exercise rights under this Part.
Filing of Complaints
11. (1) An individual may file with the Commissioner a written complaint against an organization for contravening a provision of Division 1 or for not following a recommendation set out in Schedule 1.
Marginal note:Commissioner may initiate complaint
(2) If the Commissioner is satisfied that there are reasonable grounds to investigate a matter under this Part, the Commissioner may initiate a complaint in respect of the matter.
Marginal note:Time limit
(3) A complaint that results from the refusal to grant a request under section 8 must be filed within six months, or any longer period that the Commissioner allows, after the refusal or after the expiry of the time limit for responding to the request, as the case may be.
(4) The Commissioner shall give notice of a complaint to the organization against which the complaint was made.
Investigations of Complaints
Marginal note:Examination of complaint by Commissioner
12. (1) The Commissioner shall conduct an investigation in respect of a complaint, unless the Commissioner is of the opinion that
(a) the complainant ought first to exhaust grievance or review procedures otherwise reasonably available;
(b) the complaint could more appropriately be dealt with, initially or completely, by means of a procedure provided for under the laws of Canada, other than this Part, or the laws of a province; or
(c) the complaint was not filed within a reasonable period after the day on which the subject matter of the complaint arose.
(2) Despite subsection (1), the Commissioner is not required to conduct an investigation in respect of an act alleged in a complaint if the Commissioner is of the opinion that the act, if proved, would constitute a contravention of any of sections 6 to 9 of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act or section 52.01 of the Competition Act or would constitute conduct that is reviewable under section 74.011 of that Act.
(3) The Commissioner shall notify the complainant and the organization that the Commissioner will not investigate the complaint or any act alleged in the complaint and give reasons.
Marginal note:Compelling reasons
(4) The Commissioner may reconsider a decision not to investigate under subsection (1), if the Commissioner is satisfied that the complainant has established that there are compelling reasons to investigate.
- 2000, c. 5, s. 12;
- 2010, c. 23, s. 83.
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