Marginal note:Filing of orders in Federal Court

• 21.9 (1) The Commissioner must, on the request in writing of any person or employer affected by any order of the Tribunal, file a certified copy of the order, exclusive of the reasons for the order, in the Federal Court, unless, in his or her opinion,

  • (a) there is no indication of failure or likelihood of failure to comply with the order; or

  • (b) there is other good reason why the filing of the order in the Federal Court would serve no useful purpose.

• Marginal note:Effect of filing

  (2) An order of the Tribunal becomes an order of the Federal Court when a certified copy of the order is filed in that court, and it may subsequently be enforced as such.

Marginal note:Duties

22. The duties of the Commissioner under this Act are to

• (a) provide information and advice regarding the making of disclosures under this Act and the conduct of investigations by the Commissioner;

• (b) receive, record and review disclosures of wrongdoings in order to establish whether there are sufficient grounds for further action;

• (c) conduct investigations of disclosures made in accordance with section 13, and investigations referred to in section 33, including to appoint persons to conduct the investigations on his or her behalf;

• (d) ensure that the right to procedural fairness and natural justice of all persons involved in investigations is respected, including persons making disclosures, witnesses and persons alleged to be responsible for wrongdoings;

• (e) subject to any other Act of Parliament, protect, to the extent possible in accordance with the law, the identity of persons involved in the disclosure process, including that of persons making disclosures, witnesses and persons alleged to be responsible for wrongdoings;

• (f) establish procedures for processing disclosures and ensure the confidentiality of information collected in relation to disclosures and investigations;

• (g) review the results of investigations into disclosures and those commenced under section 33 and report his or her findings to the persons who made the disclosures and to the appropriate chief executives;

• (h) make recommendations to chief executives concerning the measures to be taken to correct wrongdoings and review reports on measures taken by chief executives in response to those recommendations; and

• (i) receive, review, investigate and otherwise deal with complaints made in respect of reprisals.

Marginal note:Restriction — general

• 23. (1) The Commissioner may not deal with a disclosure under this Act or commence an investigation under section 33 if a person or body acting under another Act of Parliament is dealing with the subject-matter of the disclosure or the investigation other than as a law enforcement authority.

• Marginal note:Royal Canadian Mounted Police Act

  (2) For the purpose of subsection (1), a person or body dealing with a matter in the course of an investigation or proceeding under Part IV or V of the Royal Canadian Mounted Police Act is deemed not to be dealing with the matter as a law enforcement authority.