PART VI PRACTICES AND PROCEDURES
Investigator
190.2 (1) Without limiting sections 7 and 8, those sections authorize the City to appoint an investigator who has the function to investigate in an independent manner, on a complaint made to him or her by any person, whether the City or a local board of the City has complied with section 190 or a procedure by-law under subsection 189 (2) in respect of a meeting or part of a meeting that was closed to the public, and to report on the investigation.  2006, c. 32, Sched. B, s. 43. Powers and duties (2) Subject to this section, in carrying out his or her functions under subsection (1), the investigator may exercise such powers and shall perform such duties as may be assigned to him or her by the City.  2006, c. 32, Sched. B, s. 43. Matters to which City is to have regard (3) In appointing an investigator and in assigning powers and duties to him or her, the City shall have regard to, among other matters, the importance of the matters listed in subsection (5).  2006, c. 32, Sched. B, s. 43. Same, investigator (4) In carrying out his or her functions under subsection (1), the investigator shall have regard to, among other matters, the importance of the matters listed in subsection (5).  2006, c. 32, Sched. B, s. 43. Same (5) The matters referred to in subsections (3) and (4) are, (a) the investigator’s independence and impartiality; (b) confidentiality with respect to the investigator’s activities; and (c) the credibility of the investigator’s investigative process.  2006, c. 32, Sched. B, s. 43. Delegation (6) An investigator may delegate in writing to any person, other than a member of council, any of the investigator’s powers and duties under this Part.  2006, c. 32, Sched. B, s. 43. Same (7) An investigator may continue to exercise the delegated powers and duties, despite the delegation.  2006, c. 32, Sched. B, s. 43. Status (8) An investigator is not required to be a city employee.  2006, c. 32, Sched. B, s. 43. Application (9) Subsection 171 (3) and sections 172 to 176 apply with necessary modifications with respect to the exercise of functions described in this section.  2006, c. 32, Sched. B, s. 43. Report and recommendations (10) If, after making an investigation, the investigator is of the opinion that the meeting or part of the meeting that was the subject-matter of the investigation appears to have been closed to the public contrary to section 190 or to a procedure by-law under subsection 189 (2), the investigator shall report his or her opinion and the reasons for it to the City or local board, as the case may be, and may make such recommendations as he or she thinks fit.  2006, c. 32, Sched. B, s. 43. Publication of reports (11) The City or local board shall ensure that reports received under subsection (10) by the City or local board, as the case may be, are made available to the public.  2006, c. 32, Sched. B, s. 43. Requirement to pass resolution re report (11.1) If the City or a local board of the City receives a report from a person referred to in clause 190.1 (1) (a) or (b) reporting his or her opinion, and the reasons for it, that a meeting or part of a meeting that was the subject-matter of an investigation by that person appears to have been closed to the public contrary to section 190 or to a procedure by-law under subsection 189 (2), the City or the local board, as the case may be, shall pass a resolution stating how it intends to address the report. 2017, c. 10, Sched. 2, s. 23. Non-application (12) This section does not apply to a police services board or a public library board.  2006, c. 32, Sched. B, s. 43. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 190.2 (12) of the Act is amended by striking out “police services board” and substituting “police service board”. (See: 2019, c. 1, Sched. 4, s. 10 (12)) Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 43 - 01/01/2008 2017, c. 10, Sched. 2, s. 23 - 01/01/2018 2018, c. 3, Sched. 5, s. 11 (12) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 10 (12) - not in force