41 (1) The Commissioner may conduct an inquiry to review the head’s decision if, (a) the Commissioner has not authorized a mediator to conduct an investigation under section 40; or (b) the Commissioner has authorized a mediator to conduct an investigation under section 40 but no settlement has been effected.  1996, c. 1, Sched. K, s. 21. Procedure (2) The Statutory Powers Procedure Act does not apply to an inquiry under subsection (1).  R.S.O. 1990, c. M.56, s. 41 (2). Inquiry in private (3) The inquiry may be conducted in private.  R.S.O. 1990, c. M.56, s. 41 (3). Powers of Commissioner (4) In an inquiry, the Commissioner may require to be produced to the Commissioner and may examine any record that is in the custody or under the control of an institution, despite Parts I and II of this Act or any other Act or privilege, and may enter and inspect any premises occupied by an institution for the purposes of the investigation.  R.S.O. 1990, c. M.56, s. 41 (4). Record not retained by Commissioner (5) The Commissioner shall not retain any information obtained from a record under subsection (4).  R.S.O. 1990, c. M.56, s. 41 (5). Examination on site (6) Despite subsection (4), a head may require that the examination of a record by the Commissioner be of the original at its site.  R.S.O. 1990, c. M.56, s. 41 (6). Notice of entry (7) Before entering any premises under subsection (4), the Commissioner shall notify the head of the institution occupying the premises of his or her purpose.  R.S.O. 1990, c. M.56, s. 41 (7). Examination under oath (8) The Commissioner may summon and examine on oath any person who, in the Commissioner’s opinion, may have information relating to the inquiry and, for that purpose, the Commissioner may administer an oath.  R.S.O. 1990, c. M.56, s. 41 (8). Evidence privileged (9) Anything said or any information supplied or any document or thing produced by a person in the course of an inquiry by the Commissioner under this Act is privileged in the same manner as if the inquiry were a proceeding in a court.  R.S.O. 1990, c. M.56, s. 41 (9). Protection (10) Except on the trial of a person for perjury in respect of his or her sworn testimony, no statement made or answer given by that or any other person in the course of an inquiry by the Commissioner is admissible in evidence in any court or any inquiry or in any other proceedings, and no evidence in respect of proceedings before the Commissioner shall be given against any person.  R.S.O. 1990, c. M.56, s. 41 (10). Idem (11) A person giving a statement or answer in the course of an inquiry before the Commissioner shall be informed by the Commissioner of his or her right to object to answer any question under section 5 of the Canada Evidence Act.  R.S.O. 1990, c. M.56, s. 41 (11). Prosecution (12) No person is liable to prosecution for an offence against any Act, other than this Act, by reason of his or her compliance with a requirement of the Commissioner under this section.  R.S.O. 1990, c. M.56, s. 41 (12). Representations (13) The person who requested access to the record, the head of the institution concerned and any other institution or person informed of the notice of appeal under subsection 39 (3) shall be given an opportunity to make representations to the Commissioner, but no person is entitled to have access to or to comment on representations made to the Commissioner by any other person or to be present when such representations are made.  2006, c. 34, Sched. C, s. 17 (1). Right to representation (14) Each of the following may be represented by a person authorized under the Law Society Act to represent them: 1. The person who requested access to the record. 2. The head of the institution concerned. 3. Any other institution or person informed of the notice of appeal under subsection 39 (3).  2006, c. 34, Sched. C, s. 17 (5). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. K, s. 21 - 30/01/1996 2006, c. 21, Sched. C, s. 119 - 01/05/2007; 2006, c. 34, Sched. C, s. 17 (1, 2) - 01/04/2007; 2006, c. 34, Sched. C, s. 17 (5) - 01/05/2007