Personal Information Protection and Electronic Documents Act

Marginal note:Contents

• 13 (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.

• Marginal note:Where no report

  (2) The Commissioner is not required to prepare a report if the Commissioner is satisfied 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;

  • (c) the length of time that has elapsed between the date when the subject-matter of the complaint arose and the date when the complaint was filed is such that a report would not serve a useful purpose; or

  • (d) the complaint is trivial, frivolous or vexatious or is made in bad faith.

  If a report is not to be prepared, the Commissioner shall inform the complainant and the organization and give reasons.

• Marginal note:Report to parties

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