Section 59.01 - Enforcement of Orders of the Commissioner

• Summary
• Procedure
• Additional Information 
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Summary

Section 59.01 establishes the right of the Commissioner or an affected party to file a certified copy of an order with the Supreme Court. Orders that are filed under this section have the same force and effect as a judgement of that court.

Orders that are the subject of an application for judicial review or a related appeal cannot be filed. Orders cannot be filed until after the date by which the order was to be complied with (under section 59(1) or (1.1)) and after the period for requesting judicial review or appeal has passed.

Procedure

For details on how to file an order see the Supreme Court website.

Additional Information

This provision was added to the Act in 2008 to respond to a recommendation of the 2004 Special Legislative Committee that reviewed FOIPPA. It was intended to enhance the effectiveness of the Commissioner’s orders by allowing the Commissioner, applicants and other parties to an order to rely on the standard court processes for enforcing an order.

Last updated: April 2014