Public Servants Disclosure Protection Act (S.C. 2005, c. 46)

Act current to 2012-05-14 and last amended on 2012-03-16. Previous Versions

Investigations into Complaints

Marginal note:Designation of complaint investigator

  • 19.7 (1) The Commissioner may designate a person as an investigator to investigate a complaint.

  • Marginal note:Informality

    (2) Investigations into complaints are to be conducted as informally and expeditiously as possible.

  • 2006, c. 9, s. 201.
Marginal note:Notice to chief executive

  • 19.8 (1) When commencing an investigation, the investigator must notify the chief executive concerned and inform that chief executive of the substance of the complaint to which the investigation relates.

  • Marginal note:Notice to others

    (2) The investigator may also notify any other person he or she considers appropriate, including every person whose conduct is called into question by the complaint, and inform the person of the substance of the complaint.

  • 2006, c. 9, s. 201.
Marginal note:Access

  • 19.9 (1) If the investigator so requests, chief executives and public servants must provide the investigator with any facilities, assistance, information and access to their respective offices that the investigator may require for the purposes of the investigation.

  • Marginal note:Insufficient cooperation

    (2) If the investigator concludes that he or she is unable to complete an investigation because of insufficient cooperation on the part of chief executives or public servants, he or she must make a report to the Commissioner to that effect under section 20.3.

  • 2006, c. 9, s. 201.

Conciliation

Marginal note:Recommendation — conciliation

  • 20. (1) At any time during the course of the investigation into a complaint the investigator may recommend to the Commissioner that a conciliator be appointed to attempt to bring about a settlement.

  • Marginal note:Appointment of conciliator

    (2) The Commissioner may appoint a person as a conciliator for the purpose of attempting to bring about a settlement of the complaint.

  • Marginal note:Eligibility

    (3) A person is not eligible to act as a conciliator in respect of a complaint if that person has already acted as an investigator in respect of that complaint.

  • Marginal note:Confidentiality

    (4) Any information received by a conciliator in the course of attempting to reach a settlement of a complaint is confidential and may not be disclosed except with the consent of the person who gave the information.

  • 2005, c. 46, s. 20;
  • 2006, c. 9, s. 201.
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