Mr. Chair, as it currently reads in the bill itself, that would be achieved through the continuation of the inclusion of what was in the draft text. Right now, the Conservative subamendment stops at line 5, where there previously was an “if”. That “if” is gone. Essentially, what that “if” does is what you propose.
The “if” of proposed paragraph 107(1)(a) is:
the Commissioner has made a finding under paragraph 93(1)(a) that the organization has contravened this Act and
(i) the finding is not appealed and the time limit for making an appeal under subsection 101(2) has expired
It goes on to talk about a tribunal determination, but at minimum, paragraph 107(1)(a) and subparagraph 107(1)(a)(i) get at the notion that this has to have been reviewed by the Privacy Commissioner first to allow for a private right of action to proceed.