Monday, August 16, 2004

Amendment to the Federal Court Rules

I just attended the meeting of the Canadian Bar Association Privacy Law Subsection (this year in sunny Winnpeg), where part of the discussion concerned the review of PIPEDA that will take place in 2006. I spoke with a lawyer from the Office of the Privacy Commissioner to suggest that PIPEDA be amended to require notice to the Commissioner when someone takes a complaint to the Federal Court. (I gather that the Aeroports de Montreal decision caught the Commissioner unawares. See my comment at "Focus on Privacy - PIPEDA and the Unionized Workplace").

Lo and behold, I was informed that the rules of the Federal Court are being amended to require such notice (see the Canada Gazette notice at to require service of the application on the Commissioner.

Canada Gazette: "As a result of the enactment of the Personal Information Protection and Electronic Documents Act, Rule 304(1)(c) is amended by section 16 to stipulate that every application to the Federal Court for review of a matter that is the subject of a complaint shall be served on the Privacy Commissioner within the time period prescribed in Rule 304. "

Anyone wanting to comment has sixty days from July 31, 2004 to do so.

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