The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.

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The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.

For full contact information and a brief bio, please see David's profile.

Please note that I am only able to provide legal advice to clients. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser cannot be considered to be solicitor-client privileged.

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The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.

This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.

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 http://canadagazette.gc.ca/partI/2004/20040731/html/regle2-e.html 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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