Common menu bar links

Fact Sheets

Section 14 Application Under PIPEDA - Approximate Timeline

Days
1-45

Days
45-55
Days
45-105
Days
105-125
Days
125-165
Days
165-265
Notice of Application Notice of Appearance Affidavits and Documentary Exhibits Cross-Examination Applicant and Respondent's Records Requisition for Hearing Date
           
Applicant has 45 days from the release of the Privacy Commissioner's report to file a Notice of  Application. Within 10 days of receiving the Notice of Application, the respondent must serve and file a Notice of Appearance with the Federal Court Registry, with proof of service. Within 30 days of having the Notice of Application issued, the applicant must serve the respondent and file his or her affidavit and documentary evidence with the Court, with proof of service. Within 20 days of the respondent's affidavits being served, both parties must complete their cross-examinations on each other's affidavits. Within 20 days of the end of cross-examinations, the applicant must serve the applicant's record on respondent and file it with the Court, with proof of service. Within 10 days of being served with the respondent's record, the applicant must serve the respondent with a Requisition for Hearing Date, and file it with the Court, with proof of service.
Notice of Application must be filed with the Federal Court Registry and served on the respondent and the Privacy Commissioner within 10 days.  Proof of service must be filed within 10 days after that. If the respondent does not respond during that time, the applicant is not required to serve any further documents on the respondent until the Court renders its judgement. Within the next 30 days, the respondent must serve on the applicant and file its affidavit and documentary evidence with the Court, with proof of service.   Within 20 days of the applicant's record being served, the respondent must serve its respondent's record on the applicant and file it with the Court, with proof of service. The hearing will usually be scheduled within 3 to 6 months. The Court will release its decision several weeks or months after the hearing.