Investigation
17(1)Every investigation under this Act shall be conducted in private.
17(2)Subject to this Act, the Ombud may hear or obtain information from any person and may make inquiries.
17(3)The Ombud may hold hearings under this Act but, subject to subsection (4), no person is entitled as of right to be heard by the Ombud.
17(4)If, during an investigation, the Ombud is satisfied that there is evidence 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 officer of an authority caused a grievance or gave cause for a grievance, the Ombud shall advise the administrative head of the authority or the officer, as the case may be, and shall give the authority or officer an opportunity to be heard.
17(5)An authority or officer thereof appearing at a hearing under subsection (4) is entitled to counsel.
17(6)The Ombud may at any time during or after an investigation consult any Minister who is concerned in the matter of the investigation.
17(7)On the request of any Minister in relation to an investigation or in any case where an investigation relates to a recommendation made to a Minister, the Ombud shall consult that Minister after making the investigation and before forming a final opinion on any matter referred to in subsection 21(1).
17(8)If, during or after an investigation, the Ombud is of the opinion that there is evidence of a breach of duty or misconduct by an authority or officer of an authority, the Ombud shall refer that matter to the administrative head of the authority.
17(9)Subject to this Act and any rules made under section 26, the Ombud may regulate his or her procedure.
1967, c.18, s.17; 1976, c.43, s.5; 1985, c.65, s.6; 1987, c.6, s.77; 2017, c.1, s.3