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Personal Information Protection and Electronic Documents Act

Version of section 12 from 2011-04-01 to 2014-06-30:

Marginal note:Examination of complaint by Commissioner

  •  (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.

  • 2000, c. 5, s. 12
  • 2010, c. 23, s. 83

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