Public Servants Disclosure Protection Act

Marginal note:Delegation

• 25 (1) The Commissioner may delegate to any employee in the Office of the Public Sector Integrity Commissioner any of his or her powers and duties under this Act, except

  • (a) the power to delegate under this section;

  • (b) the power to decide not to deal with a complaint filed under subsection 19.1(1);

  • (c) the power in section 20.2 to approve or reject a settlement;

  • (d) the power in section 20.4 to apply to the Tribunal;

  • (e) the power in section 20.5 to dismiss a complaint;

  • (f) the duties in paragraphs 22(g) and (h) to review the result of investigations, to report findings and to make recommendations;

  • (g) the power in section 24 to refuse to deal with a disclosure or to commence an investigation, the power in that section to cease an investigation and the duty in that section to provide reasons;

  • (h) the power to issue, in the exercise of any powers referred to in subsection 29(1), a subpoena or other request or summons to appear before the Commissioner or a person appointed to conduct an investigation;

  • (i) the power in section 33 to commence an investigation;

  • (j) the power in section 34 to refer a matter to another authority;

  • (k) the power in subsection 35(1) to remit information;

  • (l) the power to request that a chief executive provide notice as referred to in section 36; and

  • (m) the power in section 37 and the power and duties in section 38 to make a report.

• Marginal note:Restriction concerning certain investigations

  (2) The Commissioner may not delegate the conduct of an investigation that involves or may involve information relating to international relations, national defence, national security or the detection, prevention or suppression of criminal, subversive or hostile activities, except to one of a maximum of four officers or employees of the Office of the Public Sector Integrity Commissioner specifically designated by the Commissioner for the purpose of conducting those investigations.