Public Servants Disclosure Protection Act

Marginal note:Not compellable witness

• 46 (1) The Commissioner or any person acting on behalf of or under the direction of the Commissioner is not a competent or compellable witness in any proceedings, other than a prosecution for an offence under this Act, in respect of any matter coming to the knowledge of the Commissioner, or that person, as a result of performing any duties under this Act.

• Marginal note:Exceptions

  (2) Subsection (1) does not apply to

  • (a) the Commissioner or any person acting on behalf of or under the direction of the Commissioner, with respect to the Commissioner’s participation in any proceedings before the Tribunal; or

  • (b) a person designated as an investigator under section 19.7 with regard to his or her participation in the investigation for which he or she was so designated.