Official Languages Act

Marginal note:Powers of Commissioner in carrying out investigations

• 62 (1) The Commissioner has, in relation to the carrying out of any investigation under this Act, other than an investigation in relation to Part III, power

  • (a) to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath, and to produce such documents and things as the Commissioner deems requisite to the full investigation and consideration of any matter within his authority under this Act, in the same manner and to the same extent as a superior court of record;

  • (b) to administer oaths;

  • (c) to receive and accept such evidence and other information, whether on oath or by affidavit or otherwise, as in his discretion the Commissioner sees fit, whether or not the evidence or information is or would be admissible in a court of law; and

  • (d) subject to such limitation as may in the interests of defence or security be prescribed by regulation of the Governor in Council, to enter any premises occupied by any federal institution and carry out therein such inquiries within his authority under this Act as the Commissioner sees fit.

• Marginal note:Alternative dispute resolution

  (1.1) The Commissioner may, at any time in the course of an investigation, attempt to resolve a complaint by means of a process of alternative dispute resolution, other than arbitration.

• Marginal note:Report — threats, intimidation, discrimination or obstruction

  (2) The Commissioner may provide a report with reasons to the President of the Treasury Board and the deputy head or other administrative head of any federal institution concerned if the Commissioner believes on reasonable grounds that

  • (a) an individual has been threatened, intimidated or made the object of discrimination because that individual has made a complaint under this Act or has given evidence or assisted in any way in respect of an investigation under this Act, or proposes to do so, or

  • (b) the Commissioner, or any person acting on behalf or under the direction of the Commissioner, has been obstructed in the performance of the Commissioner’s duties or functions under this Act.