You might want to consider what they're doing with the anti-spam legislation, which is giving a private right of action, with a set amount per violation up to $200. It's the same sort of thing. That enables class actions, because it's hard to show harm. There are a number of class actions testing the waters now in Canada to see if you can get damages where there's no real harm. If you put something in the act, you could look at the anti-spam legislation as a model, and that would attract private enforcement of the regime. If the other enforcement done administratively isn't adequate, then the private bar could take cases.
On February 14th, 2017. See this statement in context.