Marginal note:Powers of Commissioner
12.1 (1) In the conduct of an investigation of a complaint, the Commissioner may
(a) summon and enforce the appearance of persons before the Commissioner and compel them to give oral or written evidence on oath and to produce any records and things that the Commissioner considers necessary to investigate the complaint, in the same manner and to the same extent as a superior court of record;
(b) administer oaths;
(c) receive and accept any evidence and other information, whether on oath, by affidavit or otherwise, that the Commissioner sees fit, whether or not it is or would be admissible in a court of law;
(d) at any reasonable time, enter any premises, other than a dwelling-house, occupied by an organization on satisfying any security requirements of the organization relating to the premises;
(e) converse in private with any person in any premises entered under paragraph (d) and otherwise carry out in those premises any inquiries that the Commissioner sees fit; and
(f) examine or obtain copies of or extracts from records found in any premises entered under paragraph (d) that contain any matter relevant to the investigation.
Marginal note:Dispute resolution mechanisms
(2) The Commissioner may attempt to resolve complaints by means of dispute resolution mechanisms such as mediation and conciliation.
(3) The Commissioner may delegate any of the powers set out in subsection (1) or (2).
Marginal note:Return of records
(4) The Commissioner or the delegate shall return to a person or an organization any record or thing that they produced under this section within 10 days after they make a request to the Commissioner or the delegate, but nothing precludes the Commissioner or the delegate from again requiring that the record or thing be produced.
Marginal note:Certificate of delegation
(5) Any person to whom powers set out in subsection (1) are delegated shall be given a certificate of the delegation and the delegate shall produce the certificate, on request, to the person in charge of any premises to be entered under paragraph (1)(d).
- 2010, c. 23, s. 83.
Discontinuance of Investigation
12.2 (1) The Commissioner may discontinue the investigation of a complaint if the Commissioner is of the opinion that
(a) there is insufficient evidence to pursue the investigation;
(b) the complaint is trivial, frivolous or vexatious or is made in bad faith;
(c) the organization has provided a fair and reasonable response to the complaint;
(d) the matter is already the object of an ongoing investigation under this Part;
(e) the matter has already been the subject of a report by the Commissioner;
(f) any of the circumstances mentioned in paragraph 12(1)(a), (b) or (c) apply; or
(g) the matter is being or has already been addressed under a procedure referred to in paragraph 12(1)(a) or (b).
(2) [Not in force]
(3) The Commissioner shall notify the complainant and the organization that the investigation has been discontinued and give reasons.
- 2010, c. 23, s. 83.
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