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Naskapi and the Cree-Naskapi Commission Act

Version of section 165 from 2002-12-31 to 2018-03-28:

Marginal note:Duties of Commission

  •  (1) The Commission shall

    • (a) prepare biennial reports on the implementation of this Act, in accordance with subsection 171(1); and

    • (b) except as provided by subsections (2) and (3), investigate any representation submitted to it relating to the implementation of this Act, including representations relating to the exercise or non-exercise of a power under this Act and the performance or non-performance of a duty under this Act.

  • Marginal note:Exception

    (2) The Commission shall not investigate or continue to investigate a representation in respect of whose subject-matter judicial proceedings have been commenced.

  • Marginal note:Commission’s discretion

    (3) The Commission may refuse to investigate a representation or may discontinue an investigation if it is satisfied

    • (a) that the representation has not been made in good faith;

    • (b) that the person making the representation does not have a sufficient personal interest in the subject-matter of the representation;

    • (c) that, having regard to all the circumstances of the case, an investigation, or the continuation of the investigation, as the case may be, would serve no useful purpose; or

    • (d) that there exists a suitable alternative means by which the representation may be investigated or otherwise pursued.

  • Marginal note:Commission to state grounds for refusal

    (4) Where the Commission refuses to investigate a representation or discontinues an investigation, it shall forthwith, in writing, so inform the person who made the representation, stating and explaining on which of the grounds set out in subsection (2) or (3) the Commission’s decision was based.

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