Personal Information Protection and Electronic Documents Act

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) [Not in force]

• Marginal note:Notification

  (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.