I don't think that granting the OPC order-making powers would have that effect. I think it would actually discipline the conversations we have with the corporate sector currently if organizations know that their interlocutor has order-making powers. I think it would discipline the conversation.
An important point to make here is that when I ask—and my predecessor asked—for order-making powers, it does not mean, in my view, that order-making would be the first reaction of our office when faced with an allegation or even a finding of non-compliance with the law. My job, I think, is to bring organizations towards compliance with the law, broadly speaking. To impose orders and fines is something that may be necessary in some limited cases with recalcitrants or recidivists, but this is not my first course of action.
My first course of action to bring organizations to comply is to engage with them, to issue guidance on what we think the law provides, to consider initiatives that they may put forward, and to talk to them about how they can function commercially in a way that is compliant with PIPEDA. That's the first and by far the most often used strategy that I think I need to put forward, but there will be a few corporations/organizations that may not be amenable to that engagement. For those, I need order-making to ensure that the law is not moot and actually is applied.