Personal Information Protection and Electronic Documents Act

Marginal note:Reasons

• 12.2 (1) The Commissioner may discontinue the investigation of a complaint if the Commissioner is of the opinion that

  • (a) there is insufficient evidence to pursue the investigation;

  • (b) the complaint is trivial, frivolous or vexatious or is made in bad faith;

  • (c) the organization has provided a fair and reasonable response to the complaint;

  • (c.1) the matter is the object of a compliance agreement entered into under subsection 17.1(1);

  • (d) the matter is already the object of an ongoing investigation under this Part;

  • (e) the matter has already been the subject of a report by the Commissioner;

  • (f) any of the circumstances mentioned in paragraph 12(1)(a), (b) or (c) apply; or

  • (g) the matter is being or has already been addressed under a procedure referred to in paragraph 12(1)(a) or (b).

• Marginal note:Other reason

  (2) The Commissioner may discontinue 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.

• Marginal note:Notification

  (3) The Commissioner shall notify the complainant and the organization that the investigation has been discontinued and give reasons.