34 (1) In this section, “inquiry” includes an inquiry or other activity to which this section is applicable.  2009, c. 33, Sched. 6, s. 34 (1). Application (2) This section applies to, (a) an inquiry conducted under subsections 160 (2), 160.1 (9) and 169 (2) of the City of Toronto Act, 2006; (b) an inquiry conducted under subsection 31 (2) of the Members’ Integrity Act, 1994; (c) an inquiry conducted under subsections 223.4 (2), 223.4.1 (9) and 223.12 (2) of the Municipal Act, 2001; and (d) a person acting under subsection 51 (11.1) of the Law Society Act, to the extent applicable under subsection 51 (11.2) of that Act.  2009, c. 33, Sched. 6, s. 34 (2); 2017, c. 10, Sched. 4, s. 12. Procedure (3) Subject to subsections (4) and (5), the conduct of and the procedure to be followed on an inquiry is under the control and direction of the person or body conducting the inquiry.  2009, c. 33, Sched. 6, s. 34 (3). Hearings to be open, exceptions (4) All hearings on an inquiry are open to the public except where the person or body conducting the inquiry is of the opinion that, (a) matters involving public security may be disclosed at the hearing; or (b) intimate financial or personal matters or other matters may be disclosed at the hearing that are of such a nature, having regard to the circumstances, that the desirability of avoiding disclosure thereof in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public, in which case the person or body may hold the hearing concerning any such matters in the absence of the public.  2009, c. 33, Sched. 6, s. 34 (4). Rights of persons interested (5) A person or body conducting the inquiry shall accord to any person who satisfies the person or body that the person has a substantial and direct interest in the subject matter of the inquiry an opportunity during the inquiry to give evidence and to call and examine or to cross-examine witnesses personally or by counsel on evidence relevant to the person’s interest.  2009, c. 33, Sched. 6, s. 34 (5). Rights of persons before misconduct found (6) No finding of misconduct on the part of any person shall be made against the person in any report of a person or body conducting the inquiry after the inquiry unless that person had reasonable notice of the substance of the alleged misconduct and was allowed full opportunity during the inquiry to be heard in person or by counsel.  2009, c. 33, Sched. 6, s. 34 (6). Stated case (7) Where the authority to appoint a person or body under an Act referred to in subsection (2) or the authority of the person or body to do any act or thing proposed to be done or done in the course of the inquiry is called into question by a person affected, the person or body conducting the inquiry may of its own motion or upon the request of such person or body state a case in writing to the Divisional Court setting forth the material facts and the grounds upon which the authority to appoint the person or body or their authority to do the act or thing are questioned.  2009, c. 33, Sched. 6, s. 34 (7). Order directing stated case (8) If the person or body conducting the inquiry refuses to state a case under subsection (7), the person requesting it may apply to the Divisional Court for an order directing the person or body to state such a case.  2009, c. 33, Sched. 6, s. 34 (8). Court to hear and determine stated case (9) Where a case is stated under this section, the Divisional Court shall hear and determine in a summary manner the question raised.  2009, c. 33, Sched. 6, s. 34 (9). Proceedings stayed (10) Pending the decision of the Divisional Court on a case stated under this section, no further proceedings shall be taken by the person or body conducting the inquiry with respect to the subject matter of the stated case, but the person or body may continue the inquiry into matters not in issue in the stated case.  2009, c. 33, Sched. 6, s. 34 (10). Languages of final reports (11) The final report of a person or body conducting the inquiry shall be submitted in both English and French at the same time.  2009, c. 33, Sched. 6, s. 34 (11). Same (12) When the final report is made available to the public, it shall be released in both English and French at the same time.  2009, c. 33, Sched. 6, s. 34 (12). Exception (13) The Lieutenant Governor in Council may order that subsection (11), subsection (12) or both subsections do not apply to a final report if, in the opinion of the Lieutenant Governor in Council, the health or safety of the public would not be served by delaying the submission, release or both because only one language version is ready.  2009, c. 33, Sched. 6, s. 34 (13). Same (14) If an order is made under subsection (13), the other language version shall be submitted, released or both, as the case may be, as soon as possible.  2009, c. 33, Sched. 6, s. 34 (14). Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 4, s. 12 - 01/03/2019 Penalties