Proposed subparagraph 107(1)(a)(ii) gets at the suggestion that a tribunal exists. It says “that the organization has contravened this Act and”:
(ii) the Tribunal has dismissed an appeal of the finding under subsection 103(1)
The gates for getting a private right of action are in proposed subparagraph 107(1)(a)(i). The Privacy Commissioner has understood and found a violation. That finding is not under appeal, so you're not still in the process. You're not taking a shortcut and trying to get around the issue that the Privacy Commissioner is still considering this.
Then, if a tribunal exists, there's subparagraph 107(1)(a)(ii), that the tribunal hasn't already ruled on this and dismissed this, or paragraph 107(1)(b), that “the Tribunal has made a finding”, has actually come to a conclusion on this matter. Proposed subparagraph 107(1)(a)(ii) and paragraph 107(1)(b) contemplate the existence of a tribunal and its role in the private right of action.