10.4 (1) The Commissioner shall conduct an investigation if he or she has reason to believe, including on the basis of information received from a member of the Senate or the House of Commons, that an investigation is necessary to ensure compliance with the Code or this Act, as applicable.
(1.1) The Commissioner may refuse to conduct or may cease an investigation with respect to any matter if he or she is of the opinion that
(a) the matter is one that could more appropriately be dealt with according to a procedure provided for under another Act of Parliament;
(b) the matter is not sufficiently important;
(c) dealing with the matter would serve no useful purpose because of the length of time that has elapsed since the matter arose; or
(d) there is any other valid reason for not dealing with the matter.
Marginal note:Powers of investigation
(2) For the purpose of conducting the investigation, the Commissioner may
(a) in the same manner and to the same extent as a superior court of record,
(i) summon and enforce the attendance of persons before the Commissioner and compel them to give oral or written evidence on oath, and
(ii) compel persons to produce any documents or other things that the Commissioner considers relevant for the investigation;
(b) administer oaths and receive and accept information, whether or not it would be admissible as evidence in a court of law.
Marginal note:Investigation in private
(3) The investigation shall be conducted in private.
Marginal note:Evidence in other proceedings
(4) Evidence given by a person in the investigation and evidence of the existence of the investigation are inadmissible against the person in a court or in any other proceeding, other than in a prosecution of a person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Commissioner.
Marginal note:Opportunity to present views
(5) Before finding that a person has breached the Code, the Commissioner shall give the person a reasonable opportunity to present their views to the Commissioner.
(6) The Commissioner, and every person acting on behalf of or under the direction of the Commissioner, may not disclose any information that comes to their knowledge in the performance of their duties and functions under this section, unless
(a) the disclosure is, in the opinion of the Commissioner, necessary for the purpose of conducting an investigation under this section or establishing the grounds for any findings or conclusions contained in a report under section 10.5;
(b) the information is disclosed in a report under section 10.5 or in the course of a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Commissioner; or
(c) the Commissioner believes on reasonable grounds that the disclosure is necessary for the purpose of advising a peace officer having jurisdiction to investigate an alleged offence under this or any other Act of Parliament or of the legislature of a province.
Marginal note:Advice to peace officers
(7) If, during an investigation under this section, the Commissioner believes on reasonable grounds that a person has committed an offence under this or any other Act of Parliament or of the legislature of a province, the Commissioner shall advise a peace officer having jurisdiction to investigate the alleged offence and immediately suspend the Commissioner’s investigation.
Marginal note:Suspension of investigation
(8) The Commissioner shall immediately suspend an investigation under this section if he or she discovers that the subject-matter of the investigation is also the subject-matter of an investigation to determine whether an offence under this or any other Act of Parliament or of the legislature of a province has been committed or that a charge has been laid with respect to that subject-matter.
Marginal note:Investigation continued
(9) The Commissioner may not continue an investigation under this section until any investigation or charge regarding the same subject-matter has been finally disposed of.
- 1995, c. 12, s. 5
- 2003, c. 10, s. 10
- 2004, c. 7, ss. 23, 39
- 2006, c. 9, ss. 77, 81
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