It may also be useful to consider NDP-16 and NDP-18. I think they're all part of the same order-making framework.
Just on the context of order-making powers, it was an issue that was discussed during the first parliamentary review. During the review they found that the current ombudsman model wherein the commissioner works cooperatively with organizations has been very effective in addressing issues.
I think that's evident in the recent Bell case. People are familiar with the relevant advertising program that Bell has been operating where they were collecting personal information about their customers from various sources, so their television watching habits, their telephone use habits, tracking their Internet browsing habits, and anonymizing it all by creating these profiles that they were attaching to other demographic information. The commissioner, after 170 complaints he received in 2013, undertook a broad-based review. I know, having had discussions with officials from Bell, there's a lot of back and forth with Bell and the commissioner's office, and the commissioner came out with these findings and asked that Bell fundamentally change the model, which had been an opt-out approach, where individuals would have to actively decide not to and could not decide to opt in to the proposal.
They also asked the commissioner to give another series of recommendations, all of which Bell complied with. If one looks over the history of PIPEDA and the number of times the commissioner has actually had to take anyone to court, there have been 17 occurrences over the full course of PIPEDA. Of those, 16 were settled before court, and on the 17th, the commissioner actually lost the case in court. There has not been a whole host of activity going towards court under the current model and I think it's shown, with Bell being a good example, how effective that's been.