Definition Appointment of commissioner Powers of commissioner Evide - PDF document

Definition Appointment of commissioner PoZers of commissioner Appointment of commissioner RSA 2000 Section 3 CKapter P-39 PUBLIC INQUIRIES ACT tKe Lieutenant *overnor in Council may by commission appoint one or more commissioners to maNe to report on RSA 190 cP-29 s1 PoZers of commissioner 1 TKe commissioner or commissioners may enJaJe tKe services of a counsel clerNs reporters and assistants and b e[perts persons KavinJ special tecKnical or otKer NnoZledJe or any otKer qualified person to assist tKem in tKe inquiry. 2 TKe commissioner or commissioners may autKori]e a person referred to in subsection 1b to inquire into any matter ZitKin tKe scope of tKe inquiry. 3 A person autKori]ed under subsection 2 Kas tKe same poZersprivileJes and immunities tKat tKe commissioner or commissionerKave under tKis Act. 4 A person autKori]ed under subsection 2 sKall report tKe evidence and tKe person’s findinJs if any to tKe commissioner or commissioners. RSA 190 cP-29 s2 Evidence TKe commissioner or commissioners Kave tKe poZer of summoninJ any persons as Zitnesses and of requirinJ tKem to Jivevidence on oatK orally or in ZritinJ and to produce any documents papers and tKinJs tKat tKe commissioner or commissioners consider to be required for tKe full investiJation of tKe matters into ZKicK tKe commissioner or commissioners are appointed to inquire. RSA 190 cP-29 s3 Attendance of Zitnesses TKe commissioner or commissioners Kave tKe same poZer to enforce tKe attendance of persons as Zitnesses and to compel tKem to Jive evidence and to produce documents and tKinJs as is vested in a court of record in civil cases and tKe same privileJes animmunities as a MudJe of tKe Court of Queen’s BencK. RSA 190 cP-29 s4 Contempt 1 WKen a MudJe of tKe Court of Queen’s BencK is appointed as a commissioner or as one of several commissioners tKe commissioner or commissioners so appointed Kave tKe same poZer of committal for contempts of tKe commissioner or commissioners RSA 2000 Section  CKapter P-39 PUBLIC INQUIRIES ACT as a MudJe of tKe Court of Queen’s BencK Kas in respect of tKatCourt. 2 WKen pursuant to an Act of tKe LeJislature a person or Jroup of persons is or may be vested ZitK tKe poZer to inquire into any matter and tKat Act Jrants to tKat person or Jroup of persons tpoZers of a commissioner under tKis Act subsection 1 appliestKose poZers if tKe person so appointed or any of tKe persons composinJ tKe Jroup appointed is a MudJe of tKe Court of Queen’BencK. RSA 190 cP-29 s5 Inspection of public buildinJs 1 TKis section does not apply to an inquiry unless tKe Lieutenant *overnor in Council declares tKat tKis section appli2 In tKis section a ³*overnment funded service´ means a service tKat is provided on beKalf of tKe *overnment and in respect of ZKicK tKe *overnment maNes a payment by Jrant or under an aJreement b ³public buildinJ´ includes i a facility tKat provides care treatment or sKelter and tKat is funded ZKolly or partly by tKe Department of CKildren’s Services i.1 tKe premises ZKere a cKild care proJram tKat is licensed under tKe Child Care Licensing Actoffered or provided ii an approved Kospital under tKe Hospitals Act ii.1 any otKer Kospital institution or otKer facility for tKe treatment and care of persons tKat is oZned and operated by tKe *overnment of Alberta e[cept tKose operated under tKe administration of tKe Minister of +uman Services or tKose tKat receive tKeir current operatinJ funds or part of tKem from a supply vote tKat is under tKe administration of a member of tKe E[ecutive Council otKer tKan tKe Minister of +ealtK ii.2 a Kospital under tKe Murisdiction of a provincial Kealtboard under tKe Regional Health Authorities Act ii.3 a nursinJ Kome as defined in tKe Nursing Homes Act RSA 2000 Section  CKapter P-39 PUBLIC INQUIRIES ACT iii any otKer buildinJ or part of a buildinJ ZKere a *overnment funded service is carried on. 3 If a commissioner ZKo is also a MudJe of tKe Court of Appeal BencK or tKe Provincial Court is of tKe opinion tKat a vieZ or inspection of any public buildinJ Zill atKe inquiry tKe commissioner may issue an order permittinJ anyperson ZKom tKe commissioner names in tKe order toJetKer ZitK any peace officer tKat person calls on for assistance to enternecessary by force and vieZ or inspect tKe public buildinJ. 4 A commissioner otKer tKan one referred to in subsection 3 ZKo Kas reasonable Jrounds to believe tKat a vieZ or inspection of any public buildinJ Zill assist tKe inquiry may apply e[ parte to tKe Court of Queen’s BencK for an order permittinJ any person namedin tKe order toJetKer ZitK any peace officer tKat person calls on for assistance to enter if necessary by force and vieZ or inspectpublic buildinJ. 5 A person ZKo vieZs or inspects a public buildinJ pursuant to tion 3 or 4 may taNe possession of anydocument paper or tKinJ tKat tKe person considers to be relevant to tKe subMect-matter of tKe inquiry and may retain tKe document paper or tKinJ until tKe conclusion of tKe inquiry or until it is no lonJer required and tKen tKe person sKall return it to tKe person from ZKose custody it Zas removed or tKe person entitled to it.RSA 2000 cP-39 s2013 cS-19.3 s132019 c15 s34 PKotocopy evidence 1 If a document or paper Kas been taNen into possession under section  or admitted in evidence at an inquiry tKe commissioner or commissioners sKall at tKe request of tKe person from ZKosecustody it Zas removed or tKe person entitled to it Kave tKe document or paper pKotocopied and release tKe document or paperto tKe person ZKo maNes tKe request or provide tKe pKotocopy oftKe document or paper to tKat person. 2 If a commissioner or commissioners Kave a document or paper pKotocopied and released under subsection 1 tKe commissioneror commissioners may autKori]e tKe pKotocopy to be admitted in evidence at tKe inquiry in place of tKe document or paper. RSA 190 cP-29 s Admissibility of evidence 1 Every person Kas tKe same privileJes in relation to tKe disclosure of information and tKe production of documents papers and tKinJs under tKis Act as Zitnesses Kave in any court. 2 NotZitKstandinJ subsection 1 tKe rule of laZ tKat autKori]or requires tKe ZitKKoldinJ of any document paper or tKinJ or tKe refusal to disclose any information on tKe Jround tKat tKe RSA 2000 Section 9 CKapter P-39 PUBLIC INQUIRIES ACT disclosure Zould be inMurious to tKe public interest does not apply in respect of an inquiry. 3 NotZitKstandinJ subsection 1 a no provision in an Act reJulation or order requirinJ a person to maintain secrecy or not to disclose any matter applies ZitK respect to an inquiry and b no person ZKo is required by a commissioner or a person referred to in section 31b to furnisK information or to produce any document paper or tKinJ or ZKo is summoned to Jive evidence at an inquiry sKall refuse to disclose tKe information or produce tKe document paper or tKinJ on tKe Jround tKat an Act reJulation or order requires tKe person to maintain secrecy or not to disclose any matter. 4 NotZitKstandinJ subsection 2 or 3 if tKe Minister certiftKat in tKe Minister’s opinion tKe production of any document paper or tKinJ or tKe disclosure of any information miJKt involve tKe disclosure of a tKe deliberations or proceedinJs of tKe Lieutenant *overnor in Council tKe E[ecutive Council or a committee of eitKer of tKem b matters of a secret or confidential nature or matters tKe disclosure of ZKicK Zould not be in tKe public interest or c matters tKe disclosure of ZKicK cannot be made ZitKout preMudice to tKe interests of persons not concerned in tKe inquiry tKat document paper tKinJ or information is privileJed and sKnot be produced or disclosed at tKe inquiry. 5 TKe commissioner or commissioners may include in tKeir report on tKe inquiry a reference to any occasion on ZKicK tKe Minister certifies a document paper tKinJ or information undesubsection 4. 6 Any information disclosed or document paper or tKinJ produced to ZKicK subsection 2 or 3 applies sKall not be publisKed released or disclosed in any manner ZitKout tKe Zritten permission of tKe Minister and tKe portion of tKe inquiry relatinJ to tKe information or tKe document paper or tKinJ sKall be Keld in private. RSA 2000 Section 10 CKapter P-39 PUBLIC INQUIRIES ACT  No person is liable to prosecution for an offence aJainst anyAct by reason of tKe person’s compliance ZitK tKis section. RSA 190 cP-29 s1994 c*-.5 s9 Commissioned evidence 1 If tKe commissioner or commissioners consider it advisable because of tKe distance a person resides from ZKere tKe person’attendance is required or for any otKer reason tKe commissioner or commissioners may appoint a person to taNe evidence of tKat person and to report it to tKe commissioner or commissioners. 2 A person appointed to taNe evidence under subsection 1 mustbefore doinJ so be sZorn before a Mustice of tKe peace to faitKfully e[ecute tKat duty. 193 c95 s2 RiJKt to counsel Any person appearinJ before a commissioner or commissioners may be represented by counsel. 193 c95 s2 RiJKt to call Zitnesses Any Zitness ZKo believes Kis or Ker interests may be adversely affected and any person ZKo satisfies a commissioner or commissioners tKat any evidence Jiven before a commissioner or commissioners may adversely affect tKe person’s interests sKallJiven an opportunity durinJ tKe inquiry to Jive evidence on tKematter and at tKe discretion of a commissioner or commissionerto call and e[amine or cross-e[amine Zitnesses personally or bytKat person’s counsel in respect of tKe matter. 193 c95 s2 Notice of alleJation of misconduct No report of a commissioner or commissioners tKat alleJes misconduct by any person sKall be made until reasonable notice tKe alleJation Kas been Jiven to tKat person and tKe person Kas Kad an opportunity to Jive evidence and at tKe discretion of tKe commissioner or commissioners to call and e[amine Zitnesses personally or by tKat person’s counsel in respect of tKe matternotZitKstandinJ tKat tKe person may Kave already Jiven evidenceor may Kave already called and e[amined Zitnesses personally orby tKat person’s counsel. 193 c95 s2 Printed on Recycled Paper CopyriJKt and Permission StatementAlberta Queen's Printer Kolds copyriJKt on beKalf of tKe *overnment of Alberta in riJKt of +er MaMesty tKe Queen for all *overnment of Alberta leJislation. Alberta Queen's Printer permits any person to reproduce Alberta’s statutes and reJulations ZitKout seeNinJ permission and ZitKout cKarJe provided due diliJence is e[ercised to ensure tKe accuracy of tKe materials produced and CroZn copyriJKt is acNnoZledJed in tKe folloZinJ format © Alberta Queen's Printer 20__.* *TKe year of first publication of tKe leJal materials is to be completed. NoteAll persons maNinJ use of tKis consolidation are reminded tKat it Kas no leJislative sanction tKat amendments Kave been embodied for convenience of reference only. TKe official Statutes and ReJulations sKould be consulted for all purposes of interpretinJ and applyinJ tKe laZ. © PublisKed by Alberta Queen’s Printer E-mail qp@Jov.ab.ca SKop on-line at ZZZ.qp.alberta.ca Alberta Queen’s Printer Suite 00 ParN Pla]a 10611 - 9 Avenue PKone 0-42-4952 Fa[ 0-452-066