From what event does the period for examining a dispute mediation application run, and how may that period be extended?
General information · Not legal advice
Material to check
In a practice file under the Personal Information Protection Act, we check the date the dispute mediation application was received, any resolution of the dispute mediation committee recording the extension and its reasons, and the notice sent to the applicant setting out those reasons.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading fixes the period from the day the dispute mediation committee received the application: within that period it must examine the application and prepare a mediation proposal, and only where unavoidable circumstances exist may the committee extend the period, by a resolution of the committee.
Another reading stresses what follows an extension: the committee must tell the applicant the reason for the extension and other matters concerning it, and the provision leaves open what may follow if that notice is not given, or how far an extended period may run.
Your judgment
When the period has been extended, what in the file could show that the applicant was told the reason and the other matters concerning the extension?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the length of the period or the grounds for extension, or if a decision explains what counts as unavoidable circumstances or what the notice to the applicant must contain.