In terms of orders, I had recommended during the discussions surrounding former Bill C‑58 that a process for approving orders issued by my office be put in place. Under such a process, it would be enough to have an order of my office approved by the Federal Court for it to be respected in the same way as a court judgment. Such a process would be much easier than a mandamus application.
At the time, the government said that we didn't need a process like that because it was going to comply with the orders of the Office of the Commissioner, which had the force of law. We now have proof that this isn't exactly the case. I think a certification process would be enough for institutions not to want to be charged with contempt of court, if I can put it that way.
When it comes to penalties, people often ask us who should be punished when the department doesn't respond or doesn't comply with the act. I think it would be very difficult to establish a process that would sanction a public servant, director or deputy minister. I think it would be easier to establish within the department a performance evaluation process for responding to access to information requests. When it affects premiums and pay, it can have an impact.