31 (1) When a matter is referred to the Commissioner under section 30, the Commissioner may conduct an inquiry, after giving the member whose conduct is concerned reasonable notice.  1994, c. 38, s. 31 (1). Same (2) If the matter was referred by a member, (a)  the Commissioner may elect to exercise the powers under sections 33 and 34 of the Public Inquiries Act, 2009, in which case those sections apply to the inquiry; and (b)  the Commissioner shall report his or her opinion to the Speaker.  1994, c. 38, s. 31 (2); 2009, c. 33, Sched. 6, s. 66; 2010, c. 5, s. 14 (1). Same (3) The Speaker shall, (a)  give a copy of the opinion to the member whose conduct is concerned and to the leader of each political party that is represented in the Assembly; (b)  give a copy of the opinion to the member who referred the matter; and (c)  cause the opinion to be laid before the Assembly if it is in session or, if not, within 10 days after the beginning of the next session.  1994, c. 38, s. 31 (3); 2010, c. 5, s. 14 (2). Same (4) If the matter was referred by the Executive Council, the Commissioner shall report his or her opinion to the Clerk of the Executive Council.  1994, c. 38, s. 31 (4). Effect of election, resignation on matter referred by member (4.1) The Commissioner shall suspend an inquiry respecting a matter referred by a member in the following circumstances: 1.  The member whose conduct is concerned resigns his or her seat. 2.  A writ is issued under the Election Act for a general election.  2010, c. 5, s. 14 (3). Same (4.2) If an inquiry is suspended under subsection (4.1) because the member whose conduct is concerned resigns his or her seat, the Commissioner shall continue the inquiry if, within 30 days after the date of the resignation, the former member or the member who referred the matter submits a written request to the Commissioner that the inquiry be continued.  2010, c. 5, s. 14 (3). Same (4.3) If an inquiry is suspended under subsection (4.1) because of the issuance of a writ, the Commissioner shall continue the inquiry if, within 30 days after polling day in the election, the member or former member whose conduct is concerned or the member who referred the matter submits a written request to the Commissioner that the inquiry be continued.  2010, c. 5, s. 14 (3). Same (4.4) An inquiry shall not be continued under subsection (4.3) until after polling day in the election.  2010, c. 5, s. 14 (3). Same (4.5) If an inquiry is suspended under subsection (4.1) and is not continued under subsection (4.2) or (4.3), the Commissioner shall terminate the inquiry and shall give written notice of the termination to the member or former member whose conduct is concerned, the member who referred the matter and the Speaker.  2010, c. 5, s. 14 (3). Effect of election, resignation on matter referred by Executive Council (4.6) The Commissioner shall suspend an inquiry respecting a matter referred by the Executive Council if the member of the Executive Council whose conduct is concerned resigns his or her office.  2010, c. 5, s. 14 (3). Same (4.7) The Commissioner shall continue an inquiry suspended under subsection (4.6) if, within 30 days after the date of the resignation, the Executive Council submits a written request to the Commissioner that the inquiry be continued.  2010, c. 5, s. 14 (3). Same (4.8) The Commissioner shall terminate an inquiry respecting a matter referred by the Executive Council in the following circumstances: 1.  An inquiry is suspended under subsection (4.6) and is not continued under subsection (4.7). 2.  A writ is issued under the Election Act for a general election.  2010, c. 5, s. 14 (3). Refusal to conduct inquiry (5) If the Commissioner is of the opinion that the referral of a matter to him or her is frivolous, vexatious or not made in good faith, or that there are no grounds or insufficient grounds for an inquiry, the Commissioner shall not conduct an inquiry and shall state the reasons for not doing so in the report.  1994, c. 38, s. 31 (5). Member or former member not blameworthy (6) If the Commissioner determines that there has been no contravention of this Act or of Ontario parliamentary convention, that a contravention occurred although the member or former member took all reasonable measures to prevent it, or that a contravention occurred that was trivial or committed through inadvertence or an error of judgment made in good faith, the Commissioner shall so state in the report and shall recommend that no penalty be imposed.  1994, c. 38, s. 31 (6); 2010, c. 5, s. 14 (4). Reliance on Commissioner’s advice (7) If the Commissioner determines that there was a contravention of this Act or of Ontario parliamentary convention but that the member or former member was acting in accordance with the Commissioner’s recommendations and had, before receiving those recommendations, disclosed to the Commissioner in writing all the relevant facts that were known to the member or former member, the Commissioner shall so state in the report and the contravention is deemed not to have taken place.  2010, c. 5, s. 14 (5). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 6, s. 66 - 01/06/2011 2010, c. 5, s. 14 (1-5)
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