Quebec's PPIPS ONline

Customer Privacy

The following table indexes Quebec's Act Respecting the Protection of Personal Information in the Private Sector (PPIPS).

Personal Information Agents

Personal information agents, i.e. enterprises that trade in credit files, must register with the CAI. To register, an enterprise submits its complete, up-to-date contact information to the CAI, and inform it of any subsequent changes. The CAI maintains a register of information that is available for public consultation. In addition to taking steps to guarantee the accuracy of the information they communicate, personal information agents must adopt internal rules of conduct to facilitate access by individuals to their own files, while ensuring that the information in the files is protected.

Money Lending Enterprises

Money lending enterprises that obtain information on the credit status of individuals from a personal information agent must inform the individuals concerned that they have a right to access and correct their own files, and must also make sure they understand the steps they can take to approach the agent for that purpose. At the request of an individual, a money lending enterprise must also communicate the content of any file obtained by it with a view to making a decision concerning that individual.

Nominative Lists

Lists containing the names, addresses and telephone numbers of the members, clients and employees of an enterprise may be communicated or used for commercial or philanthropic prospecting purposes. Where applicable, the enterprise must give the person concerned a valid opportunity to refuse permission for such communication or use. An enterprise that uses a nominative list must identify itself and inform persons of their right to remove any information concerning them from the list.

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2. — Communication to third persons

Communication of information.

18. A person carrying on an enterprise may, without the consent of the person concerned, communicate personal information contained in a file he holds on that person

1) to his attorney;

2) to the Attorney General if the information is required for the purposes of the prosecution of an offence under an Act applicable in Québec;

3) [Amended June 2006]

3) to a body responsible, by law, for the prevention, detection or repression of crime or statutory offences who requires it in the performance of his duties, if the information is needed for the prosecution of an offence under an Act applicable in Québec;

3) [Original Version]

3) to a person responsible, by law, for the prevention, detection or repression of crime or statutory offences who requires it in the performance of his duties, if the information is needed for the prosecution of an offence under an Act applicable in Québec;

 

4) [Amended June 2006]

4) to a person to whom it is necessary to communicate the information under an Act applicable in Québec or under a collective agreement;

4) [Original Version]

4) to a person to whom it is necessary to communicate the information under the law or a collective agreement, who requires it in the performance of his duties;

5) to a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) which, through a representative, collects such information in the exercise of its functions or the implementation of a program under its management;

6) to a person or body having the power to compel communication of the information if he or it requires it in the exercise of his or its duties or functions;

7) to a person to whom the information must be communicated by reason of the urgency of a situation that threatens the life, health or safety of the person concerned;

8) to a person who is authorized to use the information for study, research or statistical purposes in accordance with section 21 or a person authorized pursuant to section 21.1;

9) [Amended June 2006]

9) to a person who is authorized by law to recover debts on behalf of others and who requires it for that purpose in the performance of his duties;

9) [Original Version]

9) to a person who is authorized by law to recover debts on behalf of others and who requires it in the performance of his duties;

9.1) [Added June 2006]

9.1) to a person if the information is needed for the recovery of a claim of the enterprise;

10) to a person in accordance with section 22, in the case of a nominative list.

Communications.

A person carrying on an enterprise must make an entry of every communication made under subparagraphs 6 to 10 of the first paragraph. The entry is part of the file.

Necessary communication.

[Amended June 2006]

The persons referred to in subparagraphs 1, 9 and 9.1 of the first paragraph who receive communication of information may communicate the information to the extent that such communication is necessary, in the performance of their duties, to achieve the purposes for which they received communication of the information.

 

[Original Version]

The persons referred to in subparagraphs 1 and 9 of the first paragraph who receive communication of information may communicate the information to the extent that such communication is necessary, in the performance of their duties, to achieve the purposes for which they received communication of the information.

Detective agencies.

A detective or security agency holding a permit issued under the Act respecting detective or security agencies (chapter A-8), or a body having as its object the prevention, detection or repression of crime or statutory offences and a person carrying on an enterprise may, without the consent of the person concerned, communicate among themselves the information needed for conducting an inquiry for the purpose of preventing, detecting or repressing a crime or a statutory offence. The same applies in respect of information communicated among persons carrying on an enterprise, if the person who communicates or collects such information has reasonable grounds to believe that the person concerned has committed, or is about to commit, a crime or statutory offence against one or other of the persons carrying on an enterprise.

 

1993, c. 17, s. 18; 1999, c. 40, s. 233; 2001, c. 73, s. 1; 2006, c. 22, s. 117.

Consent not required.

18.1. In addition to the cases referred to in section 18, a person who carries on an enterprise may also communicate personal information included in a file the person holds on another person, without the consent of the persons concerned, in order to prevent an act of violence, including a suicide, where there is reasonable cause to believe that there is an imminent danger of death or serious bodily injury to a person or an identifiable group of persons.

Communication.

The information may in such case be communicated to any person exposed to the danger or that person's representative, and to any person who can come to that person's aid.

Restriction.

A person carrying on an enterprise who communicates information pursuant to this section may only communicate such information as is necessary to achieve the purposes for which the information is communicated.

Entry.

Where information is so communicated by a person carrying on an enterprise, the person must make an entry of the communication. That entry is part of the file.

2001, c. 78, s. 13.

Personal information.

18.2. A person carrying on an enterprise may, without the consent of the person concerned, communicate personal information contained in a file concerning another person to an archival agency if the archival agency is a person carrying on an enterprise whose object is the acquisition, preservation and distribution of documents for their general informational value and if the information is communicated as part of the transfer or deposit of the archives of the enterprise.

Personal information.

A person carrying on an enterprise may also communicate personal information to any person without the consent of the person concerned if the document containing the information is more than 100 years old or if more than 30 years have elapsed since the death of the person concerned. However, no information relating to a person's health may be communicated without the consent of the person concerned unless 100 years have elapsed since the date of the document.

Personal information.

Notwithstanding the first and second paragraphs, the information may be communicated for research purposes, without the consent of the person concerned, before the time specified has elapsed if the documents containing the information are not structured so as to allow retrieval by reference to a person's name or identifying code or symbol and the information cannot be retrieved by means of such a reference. The person to whom the information is communicated must preserve the confidentiality of the personal information throughout the period during which it may not be communicated without the consent of the person concerned.

2002, c. 19, s. 20.

Access to credit reports.

19. Every person carrying on an enterprise having as its object the lending of money, who consults credit reports or recommendations as to the solvency of natural persons prepared by a personal information agent, must inform such persons of their right of access and rectification in relation to the file held by the agent and indicate to them the manner in which and the place where they may have access to the reports or recommendations and cause them to be rectified, where necessary.

Request for access.

The person carrying on such an enterprise must communicate to a natural person, on request, the content of any credit report or recommendation he has consulted for the purpose of making a decision concerning the person.

1993, c. 17, s. 19.

Information within enterprise.

20. [Amended June 2006]

20. In the carrying on of an enterprise, authorized employees, mandataries or agents or any party to a contract for work or services may have access to personal information without the consent of the person concerned only if the information is needed for the performance of their duties or the carrying out of their mandates or contracts.

 

1993, c. 17, s. 20; 2006, c. 22, s. 118.

20. [Original Version]

20. In the carrying on of an enterprise, authorized employees, mandataries or agents may have access to personal information without the consent of the person concerned only if the information is needed for the performance of their duties or the execution of their mandates.

Research purposes.

21. The Commission d'accès à l'information, established by section 103 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) may, on written request, grant a person authorization to receive communication of personal information for study, research or statistical purposes, without the consent of the persons concerned, if it is of the opinion that

1) the intended use is not frivolous and the ends contemplated cannot be achieved unless the information is communicated in a form allowing the persons to be identified;

2) the information will be used in a manner that will ensure its confidentiality.

Authorization to receive information.

Such authorization is granted for the period and on the conditions fixed by the Commission. It may be revoked before the expiry of the period for which it is granted if the Commission has reasons to believe that the person authorized does not respect the confidentiality of the information communicated to him or does not respect the other conditions.

1993, c. 17, s. 21.

Information on professionals.

21.1. The Commission d'accès à l'information may, on written request and after consulting the professional orders concerned, grant a person authorization to receive communication of personal information on professionals regarding their professional activities, without the consent of the professionals concerned, if it has reasonable cause to believe

1) that the communication protects professional secrecy, especially in that it does not allow the identification of the person to whom the professional service is rendered, and does not otherwise invade the privacy of the professionals concerned ;

2) that the professionals concerned will be notified periodically of the intended uses and the ends contemplated and will be given a valid opportunity to refuse to allow such information to be preserved or to allow such information to be used for the intended uses or the ends contemplated ; and

3) that security measures have been put into place to ensure the confidentiality of personal information.

Authorization.

Such authorization shall be granted in writing. It may be revoked or suspended if the Commission has reasonable cause to believe that the authorized person is not complying with the prescriptions of this section, the intended uses or the ends contemplated.

Restriction.

The authorized person may communicate such personal information if

1) the information is communicated in a combined form that does not allow the identification of a specific professional act performed by a professional ;

2) the professionals concerned are periodically given a valid opportunity to refuse to be the subject of such a communication of information ; and

3) the person receiving communication of such information undertakes to use the information only for the intended uses and the ends contemplated.

Report.

The authorized person shall report annually to the Commission on the implementation of the authorization. The Commission shall publish a list of the persons authorized under this section in its annual report of activities.

Appeal.

Any interested person may, on any question of law or jurisdiction, appeal to a judge of the Court of Québec from the granting, refusal, suspension or revocation of an authorization in accordance with Division II of Chapter V of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

2001, c. 73, s. 2.

Nominative list.

22. A person carrying on an enterprise may, without the consent of the persons concerned, communicate a nominative list or any information used to establish such a list to a third person, if

1) the communication is made pursuant to a contract that includes a stipulation prohibiting the third person from using or communicating the list or the information for purposes other than commercial or philanthropic prospection;

2) prior to the communication, in cases where the list is a nominative list of the person's clients, members or employees, the persons concerned are given a valid opportunity to refuse that the information be used by a third person for purposes of commercial or philanthropic prospection; and

3) the communication does not infringe upon the privacy of the persons concerned.

Definition.

[Amended June 2006]

A nominative list is a list of names, telephone numbers, geographical addresses of natural persons or technological addresses where a natural person may receive communication of technological documents or information.

 

1993, c. 17, s. 22; 2006, c. 22, s. 119.

[Original Version]

A nominative list is a list of the names, addresses or telephone numbers of natural persons.

Use of nominative list.

23. A person carrying on an enterprise may, without the consent of the persons concerned, use, for purposes of commercial or philanthropic prospection, a nominative list of his clients, members or employees.

Opportunity of refusal.

Every person using such a list for such purposes must grant the persons concerned a valid opportunity to refuse that the information concerning them be used for such purposes.

1993, c. 17, s. 23.

Commercial prospection.

24. [Amended June 2006]

24. Every person who, on the basis of a nominative list, engages in commercial or philanthropic prospection must identify himself and inform the person to whom he is addressing himself of the latter's right to have the personal information concerning him deleted from the list that he holds. For that purpose, the person engaging in commercial or philanthropic prospection must provide the person addressed with a geographical or technological address, depending on the means of communication used, where a request to have personal information deleted from the nominative list may be sent.

 

1993, c. 17, s. 24; 2006, c. 22, s. 120.

24. [Original Version]

24. Every person who, on the basis of a nominative list, engages in commercial or philanthropic prospection through postal or telecommunications channels, must identify himself and inform the person to whom he is addressing himself of the latter's right to have the personal information concerning him deleted from the list that he holds.

Deletion of information.

25. Any person wishing to have personal information concerning him deleted from a nominative list may, at any time, by means of a request made orally or in writing to any person holding or using the list, obtain that the information be deleted.

1993, c. 17, s. 25.

Requirement to delete.

26. On receiving a request under section 25, the person who holds or, as the case may be, uses the nominative list must, with diligence, delete from the list any information relating to the person concerned.

1993, c. 17, s. 26.

DIVISION IV : ACCESS BY PERSONS CONCERNED

1. — General provisions

Requirement to communicate information.

27. Every person carrying on an enterprise who holds a file on another person must, at the request of the person concerned, confirm the existence of the file and communicate to the person any personal information concerning him.

 

[Added June 2006]

Handicapped person.

If the person concerned is handicapped, reasonable accommodation must be provided on request to enable the person to exercise the right of access provided for in this division.

 

1993, c. 17, s. 27; 2006, c. 22, s. 121.

Illegal collection of information.

28. In addition to the rights provided under the first paragraph of article 40 of the Civil Code of Québec, the person concerned is entitled to obtain that any personal information collected otherwise than according to law be deleted.

1993, c. 17, s. 28.

Exercise of rights.

29. Every person carrying on an enterprise who holds files on other persons must take the necessary steps to ensure the exercise by a person concerned of the rights provided under articles 37 to 40 of the Civil Code of Québec and the rights conferred by this Act. In particular, he must inform the public of the place where, and manner in which, access to the files may be granted.

1993, c. 17, s. 29.

 

Civil Code of Quebec

 

37. Every person who establishes a file on another person shall have a serious and legitimate reason for doing so. He may gather only information which is relevant to the stated objective of the file, and may not, without the consent of the person concerned or authorization by law, communicate such information to third persons or use it for purposes that are inconsistent with the purposes for which the file was established. In addition, he may not, when establishing or using the file, otherwise invade the privacy or damage the reputation of the person concerned.

1991, c. 64, s. 37.

38. Except as otherwise provided by law, any person may, free of charge, examine and cause the rectification of a file kept on him by another person with a view to making a decision in his regard or to informing a third person; he may also cause a copy of it to be made at reasonable cost. The information contained in the file shall be made accessible in an intelligible transcript.

1991, c. 64, s. 38.

39. A person keeping a file on a person may not deny him access to the information contained therein unless he has a serious and legitimate reason for doing so or unless the information is of a nature that may seriously prejudice a third person.

1991, c. 64, s. 39.

40. Every person may cause information which is contained in a file concerning him and which is inaccurate, incomplete or equivocal to be rectified; he may also cause obsolete information or information not justified by the purpose of the file to be deleted, or deposit his written comments in the file.

Notice of the rectification is given without delay to every person having received the information in the preceding six months and, where applicable, to the person who provided that information. The same rule applies to an application for rectification, if it is contested.

1991, c. 64, s. 40.

Requests for access.

30. [Amended June 2006]

 

30. No request for access or rectification may be considered unless it is made in writing by a person who proves that he is the person concerned or the representative, heir or successor of that person, the liquidator of the succession, a beneficiary of life insurance or of a death benefit or the person having parental authority even if the minor child is dead.

30. [Original Version]

30. No request for access or rectification may be considered unless it is made in writing by a person who proves that he is the person concerned or the representative, heir or successor of that person, the administrator of the succession, the beneficiary of life insurance or the person having parental authority.

[Added June 2006]

Communication of information.

This section does not limit the communication of personal information to the person concerned or the rectification of that information as a result of a service to be provided to the person.

 

1993, c. 17, s. 30; 2006, c. 22, s. 122.

Deceased person.

31. The spouse and the direct ascendants or descendants of a deceased person are entitled to receive, in accordance with the procedure provided for in section 30, communication of information relating to the cause of death contained in the person's medical file, unless the deceased person recorded in writing, in his file, his refusal to grant such right of access.

Medical information.

Notwithstanding the first paragraph, the blood relatives of a deceased person are entitled to receive communication of the information contained in that person's medical file to the extent that such communication is necessary to ascertain the existence of a genetic or family disease.

1993, c. 17, s. 31.

Response to request.

32. The person holding a file that is the subject of a request for access or rectification by the person concerned must respond to that request with diligence and not later than 30 days after the date of the request.

Failure to respond.

Failure to respond within 30 days of the receipt of a request is deemed to be a refusal to grant the request.

1993, c. 17, s. 32; 2006, c. 22, s. 123.

Access without charge.

33. Access to the personal information contained in a file shall be free of charge.

Reasonable charge.

However, a reasonable charge may be required from a person requesting the transcription, reproduction or transmission of such information.

Amount of charge.

Any person carrying on an enterprise who intends to require a charge under this section must inform the applicant, in advance, of the approximate amount that will be charged for the transcription, reproduction or transmission of information.

1993, c. 17, s. 33.

Refusal of access.

34. A person who refuses to grant a request for access or rectification from a person concerned must inform the latter of his refusal in writing, giving reasons, and inform the person concerned of the recourses open to him.

1993, c. 17, s. 34.

Modified information.

35. Where the person holding a file grants a request for rectification, he must, in addition to the obligations prescribed in the second paragraph of article 40 of the Civil Code of Québec, issue free of charge to the person who made the request a copy of any personal information modified or added or, as the case may be, an attestation that personal information has been deleted.

1993, c. 17, s. 35.

 

Civil Code of Quebec

 

40. Every person may cause information which is contained in a file concerning him and which is inaccurate, incomplete or equivocal to be rectified; he may also cause obsolete information or information not justified by the purpose of the file to be deleted, or deposit his written comments in the file.

Notice of the rectification is given without delay to every person having received the information in the preceding six months and, where applicable, to the person who provided that information. The same rule applies to an application for rectification, if it is contested.

1991, c. 64, s. 40.

Retention of information.

36. The person holding information that is the subject of a request for access or rectification must, if he does not grant the request, retain the information for such time as is necessary to allow the person concerned to exhaust the recourses provided by law.

1993, c. 17, s. 36.

2. — Restrictions on access

Health care enterprises.

37. [Amended June 2006]

37. A person carrying on a professional health care enterprise may temporarily refuse to the person concerned access to the file established on him only if, in the opinion of a health care professional, consultation would result in serious harm to the person's health.

37. [Original Version]

37. A person carrying on a professional health care enterprise may temporarily refuse to the person concerned access to the file established on him if, in the opinion of a health care professional, consultation would result in serious harm to the person's health.

Other enterprises.

[Amended June 2006]

 

A person carrying on another type of enterprise and holding such information may refuse to the person concerned access to the information relating to him only if consultation would result in serious harm to the person's health, provided that he offers the person the possibility of designating a health care professional of his choice to receive communication of the information and communicates the information to such physician.

[Original Version]

A person carrying on another type of enterprise and holding such information may refuse to the person concerned access to the information relating to him, provided that he offers the person the possibility of designating a health care professional of his choice to receive communication of the information and communicates the information to such physician.

Consultation of information.

The health care professional shall determine the time at which consultation may take place and inform the person concerned thereof.

1993, c. 17, s. 37; 2006, c. 22, s. 124.

Young persons.

38. No person of less than 14 years of age may demand to be informed of the existence of information of a medical or social nature concerning him and contained in a file established on him, or receive communication of such information, except through his attorney in the context of judicial proceedings.

Normal communication.

Nothing in the first paragraph is intended to restrict normal communication between a health care or social services professional and his patient, or the right of access of the holder of parental authority.

1993, c. 17, s. 38.

Crime prevention.

39. A person carrying on an enterprise may refuse to communicate personal information to the person it concerns where disclosure of the information would be likely to

1) hinder an inquiry the purpose of which is the prevention, detection or repression of crime or statutory offences conducted by his internal security service or conducted on his behalf for the same purpose by an external service or a detective or security agency in accordance with the Act respecting detective or security agencies (chapter A-8);

2) affect judicial proceedings in which either person has an interest.

1993, c. 17, s. 39.

Third persons.

40. Any person carrying on an enterprise who holds a file on another person must refuse to give communication of personal information to a person to whom it relates where disclosure would be likely to reveal personal information about a third person or the existence of such information and the disclosure may seriously harm that third person, unless the latter consents to the communication of the information or in the case of an emergency that threatens the life, health or safety of the person concerned.

1993, c. 17, s. 40.

[Amended June 2006]

Restriction.

41. A person carrying on an enterprise who holds a file on another person must refuse to communicate personal information to the liquidator of the succession, to a beneficiary of life insurance or of a death benefit, or to the heir or successor of the person to whom the information relates, unless the information affects their interests or rights as liquidator, beneficiary, heir or successor.

 

1993, c. 17, s. 41; 2006, c. 22, s. 125.

[Original Version]

Administrators of successions.

41. Any person carrying on an enterprise who holds a file on another person must refuse to give communication of personal information to the administrator of the succession or the beneficiary of life insurance of the person to whom the information relates, his heir, or his successor, unless such communication concerns the interests or rights of the person requesting it in his capacity as administrator, beneficiary, heir or successor.

DIVISION V: RECOURSE

[Added June 2006]

Functions and Powers.

41.1. The functions and powers of the Commission that are provided for in this division are exercised by the chair and the members assigned to the adjudicative division.

2006, c. 22, s. 126.

1. — Examination of disagreements

Applications.

42. Any interested person may submit an application to the Commission d'accès à l'information for the examination of a disagreement relating to the application of a legislative provision concerning access to or the rectification of personal information, or concerning the application of section 25.

1993, c. 17, s. 42.

Application period.

43. Where the disagreement results from a refusal to grant a request or from a failure to respond within the time limit prescribed by law, the person concerned disposes of a period of 30 days from the refusal or the expiry of the time limit to submit the disagreement to the Commission unless the Commission, for reasonable cause, releases the person concerned from failure to submit the disagreement within that time.

1993, c. 17, s. 43.

Fees.

44. Any party who wishes to submit a disagreement to the Commission for examination must apply therefor in writing and pay the fees prescribed by regulation.

Reasons.

The application shall state briefly the reasons which justify examination of the disagreement by the Commission.

Notice of application.

Notice of an application made by one party shall be given by the Commission to the other party.

1993, c. 17, s. 44.

Group of persons.

45. A group of persons having an interest in the same subject of disagreement may submit an application to the Commission through a representative.

1993, c. 17, s. 45.

Improper applications.

46. A person carrying on an enterprise who holds personal information on others may request authorization from the Commission to disregard applications that are obviously improper by reason of their number or their repetitious or systematic nature or applications that, in the opinion of the Commission, are not consistent with the object of this Act.

1993, c. 17, s. 46.

Assistance.

47. The members of the personnel of the Commission must lend their assistance to any interested person requiring it in the drawing up of an application for the examination of a disagreement.

1993, c. 17, s. 47.

Agreement between the parties.

48. [Amended June 2006]

48. Where an application for the examination of a disagreement has been brought before it, the Commission may entrust a person it designates to attempt to bring the parties to an agreement.

 

1993, c. 17, s. 48; 2006, c. 22, s. 127.

48. [Original Version]

48. Where an application for the examination of a disagreement has been brought before it, the Commission may entrust a person it designates to attempt to bring the parties to an agreement and report to it on the result of the attempt within the time it determines.

Examination of disagreements.

49. If the Commission is of the opinion that no agreement is possible between the parties, it shall examine the subject of the disagreement according to the procedure it determines.

Observations.

It must give the parties an opportunity to present their observations.

1993, c. 17, s. 49.

Decision.

50. [Amended June 2006]

50. A member of the Commission may, on behalf of the Commission, examine a disagreement alone and render a decision. A member of the Commission may also act alone on behalf of the Commission to exercise the powers provided for in sections 46, 52, 57.1 and 60.

 

1993, c. 17, s. 50; 2006, c. 22, s. 128.

50. [Original Version]

50. A member of the Commission may, on behalf of the Commission, examine a disagreement alone and render a decision.

 

Rules of evidence.

50.1. The Commission must, by regulation, prescribe rules of evidence and procedure for the examination of applications which may be brought before it. The regulation must include provisions to ensure the accessibility of the Commission and the quality and promptness of its decision-making process. To that end, the regulation must specify the time allotted to proceedings, from the time the application for examination is filed until the hearing, if applicable. The regulation shall be submitted to the Government for approval.

 

2006, c. 22, s. 129

Information.

51. Every person must furnish to the Commission any information it requires for the examination of a disagreement.

1993, c. 17, s. 51.

Frivolous applications.

52. The Commission may refuse or cease to examine a matter if it has reasonable grounds to believe that the application is frivolous or made in bad faith or that its intervention would clearly serve no purpose.

1993, c. 17, s. 52.

Burden of proof.

53. In the case of a disagreement relating to a request for rectification, the person holding the file must prove that the file need not be rectified, unless the information in question was communicated to him by the person concerned or with the latter's consent.

1993, c. 17, s. 53.

2. — Decision by the Commission

Decision.

54. [Amended June 2006]

54. The Commission shall render, in respect of every disagreement submitted to it, a decision in writing giving the reasons on which it is based.

54. [Original Version]

54. The Commission shall render, in respect of every disagreement submitted to it, a decision in writing giving the reasons on which it is based, and shall send a copy to the parties by registered or certified mail or by any other means providing evidence of the date of receipt.

[Added June 2006]

Copy to parties.

The Commission shall send a copy of the decision to the parties by any means providing proof of the date of receipt.

 

1993, c. 17, s. 54; 2006, c. 22, s. 130.

Powers of Commission.

55. The Commission has all the powers necessary for the exercise of its jurisdiction; it may make any order it considers appropriate to protect the rights of the parties and rule on any issue of fact or law.

Orders.

The Commission may, in particular, order a person carrying on an enterprise to communicate or rectify personal information or refrain from doing so.

1993, c. 17, s. 55.

 

[Added June 2006]

Diligence.

55.1. The Commission must exercise its functions and powers in the matter of the examination of a disagreement diligently and efficiently.

[Added June 2006]

Advisement.

The Commission must make its decision within three months after the matter is taken under advisement, unless the chair extends that time limit for valid reasons.

[Added June 2006]

Removal.

If a member of the Commission to whom a case is referred does not make a decision within the specified time limit, the chair may, by virtue of office or at the request of a party, remove the member from the case.

[Added June 2006]

Extension or removal.

Before extending the time limit or removing from a case a member who has not made a decision within the applicable time limit, the chair must take the circumstances and the interest of the parties into account.

 

2006, c. 22, s. 131.

Execution of decisions.

56. A decision by the Commission ordering a party to carry out a certain act is executory on the expiry of 30 days after the date on which the decision is received by the party concerned.

Doing of acts.

A decision ordering a party to cease, or refrain from, doing a certain act is executory upon being transmitted to the party concerned.

1993, c. 17, s. 56.

Fees.

57. In rendering a decision, the Commission may rule as to payment of the fees prescribed by regulation.

1993, c. 17, s. 57.

[Added June 2006]

Clerical errors.

57.1. A decision containing an error in writing or in calculation or any other clerical error may be corrected by the Commission or the member who made the decision; the same applies to a decision which, through obvious inadvertence, grants more than was requested or fails to rule on part of the application.

[Added June 2006]

Correction.

A correction may be made on the Commission's or the concerned member's own initiative as long as execution of the decision has not commenced. A correction may be effected at any time on the motion of one of the parties, unless an appeal has been lodged.

[Added June 2006]

Motion.

The motion is addressed to the Commission and submitted to the member who made the decision. If the latter is no longer in office, is absent or is unable to act, the motion is submitted to the Commission.

[Added June 2006]

Time limit.

If the correction affects the conclusions, the time limit for appealing or executing the decision runs from the date of the correction.

 

2006, c. 22, s. 132.

Execution of decisions.

58. A decision by the Commission becomes executory as a judgment of the Superior Court and has all the effects of such a judgment from the date of its homologation by the Superior Court.

Homologation of decisions.

Homologation of the decision is obtained by the filing, by the Commission or one of the parties, of a true copy of the decision at the office of the clerk of the Superior Court of the district in which the domicile or the residence or business establishment of the person affected by the decision is situated.

1993, c. 17, s. 58; 1999, c. 40, s. 233.

Questions of fact.

59. A decision of the Commission on a question of fact coming under its jurisdiction is final and no appeal lies therefrom.

1993, c. 17, s. 59.

Peremption of applications.

60. The Commission may declare an application for examination of a disagreement perempted if one year has elapsed since the last useful proceeding was filed.

1993, c. 17, s. 60; 2002, c. 7, s. 171.

3. — Appeal

[Amended June 2006]

Court of Québec.

61. A person directly interested may bring an appeal from a final decision of the Commission before a judge of the Court of Québec on a question of law or jurisdictio