162. (1) The Commission may, with the approval of the Treasury Board, employ or engage such officers, employees and agents as are necessary for the proper conduct of the work of the Commission.
Marginal note:Remuneration of staff
(2) Persons employed or engaged under subsection (1) shall be paid such remuneration as is fixed by the Commission with the approval of the Treasury Board.
Marginal note:Not part of federal public administration
(3) The members of the Commission and persons employed or engaged under subsection (1) are not part of the federal public administration by reason only of such membership, employment or engagement.
(4) The remuneration of the members of the Commission and of persons employed or engaged under subsection (1) shall be paid out of money appropriated by Parliament for that purpose.
- 1984, c. 18, s. 162;
- 2003, c. 22, s. 224(E).
163. (1) A quorum of the Commission consists of all members.
(2) Decisions of the Commission shall be made by majority vote, except as provided in section 164.
(3) The Commission may make rules for the conduct of its business.
Marginal note:Commission may delegate its powers
164. The Commission may, by unanimous decision of its members, delegate its powers or duties, except those referred to in subsection 163(3) and paragraph 165(1)(a), to one or more members thereof.
Marginal note:Duties of Commission
165. (1) The Commission shall
(a) prepare biennial reports on the implementation of this Act, in accordance with subsection 171(1); and
(b) except as provided by subsections (2) and (3), investigate any representation submitted to it relating to the implementation of this Act, including representations relating to the exercise or non-exercise of a power under this Act and the performance or non-performance of a duty under this Act.
(2) The Commission shall not investigate or continue to investigate a representation in respect of whose subject-matter judicial proceedings have been commenced.
Marginal note:Commission’s discretion
(3) The Commission may refuse to investigate a representation or may discontinue an investigation if it is satisfied
(a) that the representation has not been made in good faith;
(b) that the person making the representation does not have a sufficient personal interest in the subject-matter of the representation;
(c) that, having regard to all the circumstances of the case, an investigation, or the continuation of the investigation, as the case may be, would serve no useful purpose; or
(d) that there exists a suitable alternative means by which the representation may be investigated or otherwise pursued.
Marginal note:Commission to state grounds for refusal
(4) Where the Commission refuses to investigate a representation or discontinues an investigation, it shall forthwith, in writing, so inform the person who made the representation, stating and explaining on which of the grounds set out in subsection (2) or (3) the Commission’s decision was based.
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