Acts and Regulations

C-2.7 - Child, Youth and Senior Advocate Act

Full text
Procedures respecting an investigation or review
19(1)Before commencing an investigation or review, the Advocate shall inform the administrative head of any authority concerned of the intention to do so.
19(2)An investigation under this Act shall be conducted in private.
19(3)Subject to this Act, the Advocate may hear or obtain information from any person and may make inquiries.
19(4)The Advocate may hold hearings under this Act but, subject to subsections (5) and 25(3), no person shall be entitled as of right to be heard by the Advocate.
19(5)If, during an investigation or review, the Advocate is satisfied that there is prima facie proof that a decision or recommendation made, an act done or omitted or a procedure used with respect to a matter of administration by an authority or an employee of an authority caused a grievance or gave cause for a grievance, the Advocate shall advise the administrative head of the authority or the employee, as the case may be, and shall give the authority or employee an opportunity to be heard.
19(6)A person appearing at a hearing under this section is entitled to be represented by counsel.
19(7)The Advocate may at any time during or after an investigation or review consult any member of the Executive Council who is concerned in the matter.
19(8)On the request of a member of the Executive Council in relation to an investigation or review, or in any case where an investigation or review relates to a recommendation made to a member of the Executive Council, the Advocate shall consult the member after making the investigation or review and before forming a final opinion.
19(9)If, during or after an investigation or review, the Advocate is of the opinion that there is evidence of a breach of duty or misconduct by an authority or an employee of an authority, the Advocate shall refer the matter to the administrative head of the authority.
19(10)For the purposes of this Act, the Advocate may enter upon any premises occupied by an authority and, subject to this section, carry out an investigation or review within the jurisdiction of the Advocate.
19(11)Before entering a premises under subsection (10), the Advocate shall notify the administrative head of the authority of the intention to do so.
19(12)The Advocate shall inform the petitioner in the manner and at the time the Advocate considers appropriate of the result of an investigation or review.
19(13)Subject to this Act and any rules made under subsection 3(5), the Advocate may regulate his or her own procedure.