Industry committee  We believe that having a tribunal in place will increase the speed and efficiency of the process. The tribunal, unlike a court, is going to be required to give deference to the commissioner's decision. I think that's the important first piece to understand. What that means is that the tribunal does not need to start all over again, or de novo, when reviewing a file.

Industry committee  To make sure I understand the question, it's whether the tribunal could be added to the system after the fact.

Industry committee  The implementation question that would be most present, I think, before the committee is whether the other important aspects of the CPPA could be advanced in their current form without having the tribunal there, as it's currently built into a number of different portions of the act.

Industry committee  In the proposed model under the CPPA, an investigation would be done by the Privacy Commissioner. The Privacy Commissioner would have the ability to enter into a compliance agreement that would have.... There are a number of outcomes that could happen. The Privacy Commissioner could issue an order and say, “I'm ordering this company to cease or desist a certain behaviour,” or, “I'm ordering this company to take this remedial action to improve its privacy management program and its practices.”

Industry committee  The case when the tribunal would be involved is one when the Privacy Commissioner has gone through the entire process, may or may not have issued orders and then wants to recommend that an administrative monetary penalty be applied. He or she would then make a recommendation to the tribunal, on the basis of the facts of the case and the investigation, saying, “Here's the AMP that would be recommended.”

Industry committee  I'm sorry. I'm not sure. Are you saying they would be in effect under the CPPA?

Industry committee  Depending on the decisions that this committee makes and how it's structured, I think there would be some potential challenges in terms of the implementability of CPC-9 as it's structured now, including with regard to part 2 of the bill. I think there would probably need to be several....

Industry committee  It's proposed to have six members, three of whom would have to have experience in information and privacy law. I think it's also worth pointing out that the proposed approach is to have them be appointed by the Governor in Council. They would not be ministerial appointees under the proposed act.

Industry committee  There's a tie-break procedure. I just want to make sure that I'm getting it right before I respond.

Industry committee  I understand. I'm sorry about that.

Industry committee  If you have another question, maybe we can come back to that one, if that's all right.

Industry committee  The point is that it's three to six members, not six members firm—I apologize for that. Three of the members have to have expertise and experience in information and privacy law as a background. I'll have to get back to you on the question about the tiebreaker, but the positions would be full time or part time.

Industry committee  To add to that, on the point about compliance orders, the current Privacy Commissioner did point out a concern about his ability to enter into compliance agreements that would include financial considerations. An amendment that would give the Privacy Commissioner the ability to enter into a compliance agreement at any stage of the process and to include financial considerations in that has been proposed.

Industry committee  I think it's a really important question. I appreciate where the committee members are coming from in terms of identifying good practices and opportunities to bring into Canadian practice things that have worked well in other jurisdictions. I also think it's really important to make distinctions about the ways in which the various systems work.

Industry committee  There are a number of pieces there that I'd like to try to unpack. I think in the context of order-making powers, we've already been clear that the order-making powers in the CPPA would vest with the commissioner, so it's difficult to see how the tribunal would be slowing down the order-making abilities of the commissioner.