16.1 (1) In relation to the Advocate’s investigative function under subsection 15 (2), the Advocate may hear or obtain information from such persons as he or she thinks may be relevant to the investigation and may make such inquiries as he or she thinks may be relevant to the investigation. 2014, c. 13, Sched. 10, s. 9. Hearing not necessary (2) For the purposes of subsection (1), it is not necessary for the Advocate to hold a hearing and no person is entitled as of right to be heard by the Advocate. 2014, c. 13, Sched. 10, s. 9. Opportunity to make representations (3) Despite subsection (2), if at any time during the course of an investigation it appears to the Advocate that there may be sufficient grounds for him or her to make a report or recommendation that may adversely affect any of the following persons or entities, the Advocate shall give to the person or entity an opportunity to make representations respecting the adverse report or recommendation, either personally or by counsel: 1. The Minister. 2. A children’s aid society. 3. A residential licensee. 4. Any other person or entity. 2014, c. 13, Sched. 10, s. 9. Compelling information or documents (4) In carrying out his or her investigative function, the Advocate may require any officer, employee or member of any person or entity listed in subsection (3) or any other person or entity who, in the Advocate’s opinion, is able to give information relating to any matter that is being investigated by the Advocate, (a) to furnish the information; and (b) to produce any documents or things which, in the Advocate’s opinion, relate to the matter and which may be in the possession or under the control of the person or entity. 2014, c. 13, Sched. 10, s. 9. Same, duty to furnish (5) A person or entity referred to in subsection (4) shall furnish the information and produce the document or things to the Advocate when requested to do so. 2014, c. 13, Sched. 10, s. 9. Examination under oath (6) In carrying out his or her investigative function, the Advocate may summon any of the following individuals before him or her to examine on oath, and for that purpose may administer an oath: 1. An individual, i. who is an officer, employee or member of any person or entity listed in subsection (3), and ii. who, in the Advocate’s opinion, is able to give any information relevant to the investigation. 2. Any other individual who, in the Advocate’s opinion, is able to give any information  relevant to the investigation. 2014, c. 13, Sched. 10, s. 9. Secrecy (7) No person who is bound by the provisions of any Act, other than the Public Service of Ontario Act, 2006, to maintain secrecy in relation to, or not to disclose, any matter shall be required to supply any information to or answer any question put by the Advocate in relation to that matter, or to produce to the Advocate any document or thing relating to it, if compliance with that requirement would be in breach of the obligation of secrecy or non-disclosure. 2014, c. 13, Sched. 10, s. 9. Providing personal information despite privacy Acts (8) Any person who is subject to the Freedom of Information and Protection of Privacy Act, the
Municipal Freedom of Information and Protection of Privacy Act or the Personal Health Information Protection Act, 2004 is not prevented by any provisions of those Acts from providing personal information to the Advocate when the Advocate requires the person to provide the information as part of an investigation. 2014, c. 13, Sched. 10, s. 9. Privileges (9) For the purposes of this section, every person has the same privileges in relation to the giving of information, the answering of questions and the production of documents and things as witnesses have in any court. 2014, c. 13, Sched. 10, s. 9. Protection (10) Except on the trial of any person for perjury in respect of the person’s sworn testimony, no statement made or answer given by that or any other person in the course of any investigation by the Advocate is admissible in evidence against any person in any court or at any inquiry or in any other proceedings. 2014, c. 13, Sched. 10, s. 9. Right to object to answer (11) A person giving a statement or answer in the course of any investigation by the Advocate shall be informed by the Advocate of the right to object to answer any question under section 5 of the Canada Evidence Act. 2014, c. 13, Sched. 10, s. 9. 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 any requirement of the Advocate with respect to providing evidence. 2014, c. 13, Sched. 10, s. 9. Fees (13) Where any person is required by the Advocate to attend before him or her for the purposes of providing evidence, the person is entitled to the same fees, allowances, and expenses as if he or she were a witness in the Superior Court of Justice, and the provisions of any Act, regulation or rule in that behalf apply accordingly. 2014, c. 13, Sched. 10, s. 9. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 10, s. 9 - 01/03/2016