Public Inquiries Act, 2009

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Sections100

• [s0]

  Purpose and Interpretation

• 1Purpose

  1 The purpose of this Act is to establish an effective and accountable process for public inquiries where there is a public interest to, (a) independently inquire into facts or matters; (b) make recommendations regarding those facts or matters. 2009, c. 33, Sched. 6, s. 1.

• 1.
• 2Definitions

  2 In this Act, “commission” means a commission, including a joint commission, established under section 3; (“commission”) “commissioner” means a commissioner appointed under section 3; (“commissaire”) “Minister” means the Attorney General or such other Minister as may be made responsible for a public inquiry in the order under section 3; (“ministre”) “public inquiry” means a public inquiry conducted by a commission under this Act, but does not include an inquiry or other proceeding under section 33 or 34; (“enquête publique”) “witness” means a person who gives testimony or provides information, a document or thing in a public inquiry. (“témoin”) 2009, c. 33, Sched. 6, s. 2.

• 2.
• [s3]

  Establishing a Commission

• 3Commission

  3 (1) The Lieutenant Governor in Council may by order establish a commission to conduct a public inquiry into a matter that the Lieutenant Governor in Council considers to be in the public interest. 2009, c. 33, Sched. 6, s. 3 (1). Preliminary recommendations (2) If there are matters to be determined before a public inquiry is commenced, the Lieutenant Governor in Council may, by order, appoint a person to make recommendations on how the public inquiry should be conducted, including the commission’s terms of reference and other matters as may be appropriate. 2009, c. 33, Sched. 6, s. 3 (2). Content of order (3) The Lieutenant Governor in Council shall, in the order establishing a commission, (a) appoint one or more persons as commissioners and, if more than one commissioner is appointed, assign roles and responsibilities to the commissioners; (b) set out the terms of reference for the pu…

• 3.
• 4Joint commission

  4 The Lieutenant Governor in Council may enter into an agreement with the governments of one or more other jurisdictions about jointly establishing a commission and how the public inquiry is to be conducted by the joint commission. 2009, c. 33, Sched. 6, s. 4.

• 4.
• [s6]

  Duties and Powers of a Commission

• 5Duties of commission

  5 A commission shall, (a) conduct its public inquiry faithfully, honestly and impartially in accordance with its terms of reference; (b) ensure that its public inquiry is conducted effectively, expeditiously, and in accordance with the principle of proportionality; and (c) ensure that it is financially responsible and operates within its budget. 2009, c. 33, Sched. 6, s. 5.

• 5.
• 6Commission activities

  6 Subject to the order establishing it, a commission may engage in any activity appropriate to fulfilling its duties, including, (a) conducting research and collecting information, including conducting interviews and undertaking surveys; (b) consulting, in private or in public, with persons or groups, including consulting prior to making its rules or determining who may participate in the public inquiry; (c) consulting with the general public; (d) receiving oral and written submissions; and (e) holding public hearings. 2009, c. 33, Sched. 6, s. 6.

• 6.
• 7Power to make rules

  7 (1) Subject to this Act and the order establishing it, a commission has the power to control its own processes and may make rules governing its practice and procedure. 2009, c. 33, Sched. 6, s. 7 (1). Examples of rules (2) As examples of matters that may be dealt with in rules made under subsection (1), a commission may make rules with respect to the following: 1. The scheduling of activities for the conduct of the public inquiry, including dividing the public inquiry into phases or parts. 2. Processes for determining who may participate in the public inquiry and the scope of any participation in the public inquiry. 3. Time limits applicable to any of its proceedings and the extension or abridgement of time limits applicable to any of its proceedings. 4. The service of notices and other documents. 5. Adjournments. 6. The transcription and recording of meetings and hearings. 7. The coll…

• 7.
• [s10]

  Information and Evidence

• 8Admissible information

  8 (1) A commission may collect and receive information that it considers relevant and appropriate, whether or not the information would be admissible in a court and in whatever form the information takes, and may accept the information as evidence at the public inquiry. 2009, c. 33, Sched. 6, s. 8 (1). Exclusion of information (2) A commission may exclude information that the commission considers is unduly repetitious or does not meet such standards of proof as are commonly relied on by reasonably prudent persons in the conduct of their affairs. 2009, c. 33, Sched. 6, s. 8 (2). Privilege preserved (3) Despite subsection (1), no information may be received and accepted by a commission that would be inadmissible in a court by reason of any privilege under the law of evidence. 2009, c. 33, Sched. 6, s. 8 (3).

• 8.
• 9Matters to be relied on

  9 (1) Subject to section 8, a commission shall, as much as practicable and appropriate, refer to and rely on, (a) any public transcript or record of any proceeding before any court or statutory tribunal; (b) any medical, professional, social science and background information related to the subject matter of the public inquiry; (c) any existing records or reports relevant to the subject matter of the public inquiry; (d) any agreed statements of facts prepared by commission counsel or the participants; (e) the testimony of a representative witness of a participant in the public inquiry; and (f) any other document or information, if referral to and reliance on the document or information would promote the efficient and expeditious conduct of the public inquiry. 2009, c. 33, Sched. 6, s. 9 (1). Same (2) A commission may rely on a record or report in lieu of calling witnesses. 2009, c. 33, S…

• 9.
• 10Power to compel witnesses and disclosure

  10 (1) A commission may serve a summons requiring a person to, (a) attend the public inquiry, in person or by electronic means, to provide testimony on oath or affirmation or in another manner; and (b) produce for the public inquiry any information, document or thing under the person’s power or control. 2009, c. 33, Sched. 6, s. 10 (1). Attendance not necessary (2) In requiring production under clause (1) (b), the commission may or may not require that a person attend with the information, document or thing. 2009, c. 33, Sched. 6, s. 10 (2). Confidential information (3) Subject to the order establishing it and despite any other Act, a commission may require the provision or production of information that is considered confidential or inadmissible under another Act or a regulation and that information shall be disclosed to the commission for the purposes of the public inquiry. 2009, c. 33…

• 10.
• 11Appearance fees and expenses

  11 (1) A commission may, (a) if a person is summoned to appear before the commission at the request of a participant, order the participant to pay appearance fees and expenses reasonably and necessarily incurred by the person summoned, other than fees and expenses incurred by the person in respect of legal representation, advice or services; and (b) in any case, pay appearance fees and expenses reasonably and necessarily incurred by a person summoned to appear before the commission, other than fees and expenses incurred by the person in respect of legal representation, advice or services. 2009, c. 33, Sched. 6, s. 11 (1). Apportioning fees and expenses (2) A commission may apportion fees and expenses under subsection (1) between two or more participants or between one or more participants and the commission. 2009, c. 33, Sched. 6, s. 11 (2).

• 11.
• 12Deemed undertaking

  12 (1) Subject to this section, all participants and their lawyers or agents are deemed to undertake not to use information obtained from another participant or collected or received by the commission for any purpose other than that of the public inquiry in which it was obtained. 2009, c. 33, Sched. 6, s. 12 (1). Exceptions (2) Subsection (1) does not prohibit the following: 1. A use to which the person who disclosed the information consents. 2. The use, for any purpose, of information that is disclosed to the public. 3. The use, for any purpose, of information that is provided or referred to during a hearing. 4. The use, for any purpose, of information obtained from information referred to in paragraph 2 or 3. 5. The use of information to impeach the testimony of a person in another proceeding or for a prosecution for perjury in respect of that testimony. 2009, c. 33, Sched. 6, s. 12 (2…

• 12.
• [s16]

  Search Powers

• 13Application for search warrant

  13 (1) Where authorized in the order establishing the commission, a commission may apply, or authorize a person to apply, to a justice of the peace for a warrant to enter a place and conduct a search of the place, if there are reasonable grounds for believing that there are in any building, receptacle or place, including a dwelling house, any documents or things relevant to the subject matter of the public inquiry. 2009, c. 33, Sched. 6, s. 13 (1). Same (2) Upon application under subsection (1), a justice of the peace may issue a warrant, if he or she is satisfied on information under oath or affirmation that the warrant is necessary for the purposes specified in the application. 2009, c. 33, Sched. 6, s. 13 (2). Powers (3) The warrant may authorize a peace officer or person named in the warrant, upon producing the warrant and identification, (a) to enter any place specified in the warra…

• 13.
• [s18]

  Hearings

• 14Holding a hearing

  14 (1) A commission shall hold a hearing during the public inquiry only if authorized in the order establishing the commission. 2009, c. 33, Sched. 6, s. 14 (1). Hearings open to the public (2) Subject to subsection (3), a commission that is conducting a hearing shall, (a) give reasonable advance notice to the public of the schedule and location of the hearing; (b) ensure that the hearing is open to the public, either in person or by electronic means; and (c) give the public access to the information collected or received in the hearing. 2009, c. 33, Sched. 6, s. 14 (2). Exclusion of public (3) A commission may exclude the public from all or part of a hearing or take other measures to prevent the disclosure of information if it decides that the public’s interest in the public inquiry or the information to be disclosed in the public inquiry is outweighed by the need to prevent the disclos…

• 14.
• [s20]

  Participation at a Public Inquiry

• 15Determination of participation

  15 (1) Subject to the order establishing the commission, a commission shall determine, (a) whether a person can participate in the public inquiry; (b) the manner and scope of the participation of different participants or different classes of participants; (c) the rights and responsibilities, if any, of different participants or different classes of participants; and (d) any limits or conditions on the participation of different participants or different classes of participants. 2009, c. 33, Sched. 6, s. 15 (1). Considerations (2) Before making a decision under subsection (1), the commission shall consider, (a) whether a person has a substantial and direct interest in the subject matter of the public inquiry; (b) whether a person is likely to be notified of a possible finding of misconduct under section 17; (c) whether a person’s participation would further the conduct of the public inqu…

• 15.
• [s22]

  Protection of Participants and Witnesses

• 16Immunities

  16 Participants and witnesses, (a) have the same immunities as a witness who appears before a court; and (b) are considered to have objected to answering any question that may, (i) incriminate him or her in a criminal proceeding, or (ii) establish his or her liability in a civil proceeding. 2009, c. 33, Sched. 6, s. 16.

• 16.
• 17Rights of persons before misconduct found

  17 (1) A commission shall not find misconduct by a person unless, (a) reasonable notice of the possible finding and a summary of the evidence supporting the possible finding have been given to that person; and (b) the person has been given a reasonable opportunity to respond. 2009, c. 33, Sched. 6, s. 17 (1). Representation (2) Subsection 15 (3) applies with necessary modifications with respect to a person who has been given an opportunity to respond under subsection (1). 2009, c. 33, Sched. 6, s. 17 (2).

• 17.
• 18No intimidation by employer

  18 (1) No employer, employers’ organization or person acting on behalf of an employer or employers’ organization shall, (a) refuse to employ or continue to employ a person; (b) threaten dismissal or otherwise threaten a person; (c) discriminate against a person in regard to employment or a term or condition of employment; or (d) intimidate or coerce or impose a pecuniary or other penalty on a person, because of a belief that the person may provide information, a document or thing in a public inquiry or because the person has made or is about to make a disclosure that may be required in a public inquiry or has participated in or is about to participate in a public inquiry. 2009, c. 33, Sched. 6, s. 18 (1). Application (2) This section applies despite any other Act and the oath of office of a public servant sworn or affirmed under the Public Service of Ontario Act, 2006 is not breached whe…

• 18.
• [s26]

  Disclosure by the Crown

• 19Privilege not waived

  19 (1) If the Government of Ontario discloses to a commission, either voluntarily or in response to a request, summons or search warrant, any information over which the Government asserts privilege or immunity, the privilege or immunity is not waived or defeated for any other purposes by the disclosure. 2009, c. 33, Sched. 6, s. 19 (1). Disclosure not waiving privilege for other purposes (2) If a commission determines that it is necessary to disclose information over which the Government of Ontario asserts privilege or immunity, the privilege or immunity is not waived or defeated for any other purposes by the disclosure. 2009, c. 33, Sched. 6, s. 19 (2).

• 19.
• [s28]

  Report of Commission

• 20Commission’s report

  20 (1) A commission shall deliver its report in writing to the Minister on or before the date fixed in the order establishing the commission for the delivery of its report. 2009, c. 33, Sched. 6, s. 20 (1). Interim report (2) A commission may prepare and deliver an interim report if the commission considers it to be appropriate for the public inquiry. 2009, c. 33, Sched. 6, s. 20 (2). Attachment of orders (3) Each order made by the Lieutenant Governor in Council under this Act must be included in or appended to the commission’s report. 2009, c. 33, Sched. 6, s. 20 (3).

• 20.
• [s30]

  (4) Repealed. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006. Section Amendments with date in force (d/m/y) Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2019 Languages

• 21Languages of order

  21 (1) Each order made by the Lieutenant Governor in Council under this Act must be made in both English and French. 2009, c. 33, Sched. 6, s. 21 (1). Exception (2) Where an order is not ready in both English and French at the same time and the Lieutenant Governor in Council determines that the health or safety of the public would not be served by waiting, the order may be made in one language and the version in the other language shall be made as soon as practicable. 2009, c. 33, Sched. 6, s. 21 (2). Languages of report (3) The commission’s report shall be delivered, in accordance with the order establishing the commission, in both English and French at the same time. 2009, c. 33, Sched. 6, s. 21 (3). Simultaneous public release (4) Where the commission’s 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. 2…

• 21.
• [s32]

  Protection of the Commission

• 22Protection against compulsion

  22 (1) No commissioner or any person acting on behalf of or under the direction of a commission is a competent or compellable witness in a proceeding concerning anything done under this Act, other than a proceeding under the Criminal Code (Canada). 2009, c. 33, Sched. 6, s. 22 (1). Confidentiality (2) No commissioner or any person acting on behalf of or under the direction of a commission shall, (a) disclose to any person during the public inquiry any information obtained in the public inquiry, except for the purposes of the public inquiry; and (b) disclose to any person after the delivery of the commission’s report any information obtained in the public inquiry, except information otherwise available to the public. 2009, c. 33, Sched. 6, s. 22 (2). Exception (3) Subsection (2) does not apply if the disclosure is in relation to any action, application or other legal proceeding to which t…

• 22.
• 23Protection from action

  23 (1) No action or other proceeding lies or shall be instituted against a commission, a commissioner, a person acting on behalf of or under the direction of a commission or any other person acting pursuant to this Act for any act done in good faith in the exercise or performance or the intended exercise or performance of any power or duty under this Act or for neglect or default in the good faith exercise or performance of such power or duty. 2009, c. 33, Sched. 6, s. 23 (1). Crown not relieved of liability (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability for the acts or omissions of a minister of the Crown, a public servant, a commission, a commissioner, a person acting on behalf of or under the direction of a commission or any other person acting pursuant to this Act to which it would otherwise be sub…

• 23.
• 24Review of decisions

  24 (1) A decision or an action taken by a commission is final and conclusive for all purposes and, (a) shall not be challenged, reviewed, prohibited, restrained or quashed in any court; and (b) is not subject to any proceedings or process in court. 2009, c. 33, Sched. 6, s. 24 (1). Standard of review (2) In any judicial review of a decision of a commission or of any matter involving a commission, the decision of the commission or any action or inaction of the commission in respect of any other matter shall not be altered or set aside unless it is unreasonable. 2009, c. 33, Sched. 6, s. 24 (2). Limitation period (3) No application for judicial review may be brought more than 14 days after the date the decision or matter for which judicial review is being sought occurred, and any application for judicial review after that period shall, in the absence of evidence to the contrary, be presume…

• 24.
• [s36]

  Financial and Administrative Matters

• 25Commission budget

  25 (1) The Minister shall, in consultation with the commission, set a budget for the conduct of a public inquiry. 2009, c. 33, Sched. 6, s. 25 (1). Staffing (2) The Minister may, in consultation with the commission, (a) establish fees and rates of pay for persons engaged by the commission under subsection 26 (1); and (b) provide for the secondment of public servants to assist the commission. 2009, c. 33, Sched. 6, s. 25 (2). Revised budget (3) The Minister may, in consultation with the commission, revise the budget for the commission to accommodate any change in circumstances. 2009, c. 33, Sched. 6, s. 25 (3). Future financial commitments (4) A commission has no capacity to make any financial commitments for expenditures in respect of activities after the date for the delivery of the commission’s report. 2009, c. 33, Sched. 6, s. 25 (4). Exception, legal proceedings (5) Subsection (4) do…

• 25.
• 26Commission staff

  26 (1) A commission may engage the services of, (a) one or more lawyers to act as its counsel; (b) clerks, reporters and assistants; and (c) other persons having special technical or other expertise or knowledge. 2009, c. 33, Sched. 6, s. 26 (1). Public Service of Ontario Act, 2006 (2) The Public Service of Ontario Act, 2006 does not apply to a person engaged under subsection (1) but does apply to any public servant seconded to the commission. 2009, c. 33, Sched. 6, s. 26 (2).

• 26.
• 27Administrative information

  27 (1) A commission and the Minister may at any time, or shall on the request of either, share with each other administrative information relating to the commission and the public inquiry, including information respecting, (a) the budget for the commission; (b) the commission’s actual and projected expenditures; (c) the timing and progress of the public inquiry; and (d) the production and delivery of the commission’s report. 2009, c. 33, Sched. 6, s. 27 (1). Excluded information (2) Nothing in subsection (1) authorizes the provision of information respecting the substance of the deliberations of the commission in the public inquiry or the contents of the commission’s report. 2009, c. 33, Sched. 6, s. 27 (2).

• 27.
• [s40]

  Enforcement of Process

• 28Power to maintain order

  28 (1) A commission may make such orders or give such directions at a public inquiry as it considers proper to maintain order and to prevent the abuse of the commission’s processes. 2009, c. 33, Sched. 6, s. 28 (1). Enforcement of order or direction (2) A peace officer called upon to enforce a commission’s order or direction may take any action that is necessary to do so and may use such force as is reasonably required for that purpose. 2009, c. 33, Sched. 6, s. 28 (2).

• 28.
• 29Failure to comply with order

  29 Without limiting any other power of enforcement, if a person fails to comply with an order, directive or rule of a commission, the commission may, after giving notice to the person, (a) continue with the public inquiry and make a finding or recommendation based on the information before it, with or without providing an opportunity for submissions from that person; or (b) make any order necessary for the purpose of enforcing its orders, directives or rules. 2009, c. 33, Sched. 6, s. 29.

• 29.
• 30Contempt proceedings

  30 (1) A commission may, on its own motion or on the motion of a participant to the public inquiry, state a case to the Divisional Court setting out the facts where any person without lawful excuse, (a) fails to attend the public inquiry after being duly summoned as a witness; (b) obstructs or hinders a person in the execution of a duly issued warrant; (c) being a witness or otherwise participating in a public inquiry, (i) refuses to take an oath or to make an affirmation legally required by the commission to be taken or made, (ii) refuses to produce any information, document or thing in his or her power or control legally required by the commission to be produced by him or her, or (iii) refuses to answer any question to which the commission may legally require an answer; or (d) does any other thing that, if the commission had been a court of law having power to commit for contempt, woul…

• 30.
• [s44]

  Records

• 31Power to record hearings

  31 (1) A commission may transcribe or record its meetings and shall transcribe or record its hearings. 2009, c. 33, Sched. 6, s. 31 (1). Transcription or recording considered correct (2) The transcription or recording of a meeting or hearing is deemed to be correct and to constitute part of the record of the meeting or hearing. 2009, c. 33, Sched. 6, s. 31 (2). Validity not affected (3) The validity of the meeting or hearing is not affected if, by a mechanical or human failure or an accident, the transcription or recording of a meeting or hearing is destroyed, interrupted or incomplete. 2009, c. 33, Sched. 6, s. 31 (3).

• 31.
• [s46]

  Transitional Matters

• 32Continuation of inquiries under former Act

  32 (1) Where a commission has commenced, but not concluded, an inquiry under the former Act before this Act comes into force, (a) the former Act continues to apply to the inquiry; and (b) the persons appointed to conduct the inquiry continue to hold office until the inquiry is concluded. 2009, c. 33, Sched. 6, s. 32 (1). Legal proceedings (2) Any action, application or other legal proceeding or any remedy that was commenced, immediately before this Act comes into force, by or against a commission, a person appointed to conduct an inquiry, a person acting on behalf of or under the direction of a commission or any other person acting pursuant to the former Act may be continued as if the former Act were in force. 2009, c. 33, Sched. 6, s. 32 (2). Definition of “former Act” (3) In this section, “former Act” means the Public Inquiries Act, as it read immediately before its repeal by section 3…

• 32.
• [s48]

  Procedures under Other Acts Former Part II inquiries

• 33Definition

  33 (1) In this section, “inquiry” includes a determination, examination, hearing, inquiry, investigation, review or other activity to which this section is applicable. 2009, c. 33, Sched. 6, s. 33 (1). Standard procedure (2) This section applies where another Act or a regulation confers on a person or body the power to conduct an inquiry in accordance with this section or certain provisions of this section. 2009, c. 33, Sched. 6, s. 33 (2). Power to summon witnesses, papers, etc. (3) The person or body conducting the inquiry may require any person by summons, (a) to give evidence on oath or affirmation at the inquiry; or (b) to produce in evidence at the inquiry such documents and things as the person or body conducting the inquiry may specify, relevant to the subject matter of the inquiry and not inadmissible in evidence under subsection (13). 2009, c. 33, Sched. 6, s. 33 (3). Form and …

• 33.
• 34Definition

  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; Note: On a day to be named by order of the Lieutenant Governor in Council, clause 34 (2) (a) of the Act is amended by striking out “160 (2)” and substituting “160 (2), 160.0.2 (3)”. (See: 2026, c. 6, Sched. 1, s. 9) (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 Note: On a day to be named by order of the Lieutenant Governor in Council, clause 34 (2) (c) of the Act is amended by striking out “223.4 (2)” and substituting “223.4 (2), 223.4.0.2 (3)”. (See:…

• 34.
• [s51]
• Section Amendments with date in force (d/m/y)

  Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 4, s. 12 - 01/03/2019 2026, c. 6, Sched. 1, s. 9 - not in force; 2026, c. 6, Sched. 2, s. 9 - not in force Penalties

• Section Amendments with date in force (d/m/y) - not in force
• 35Penalties

  35 Every person or employers’ organization that contravenes subsection 13 (8) or (10), 18 (1) or 22 (2) is guilty of an offence and on conviction is liable, (a) if an individual, to a fine of not more than $5,000; or (b) if a corporation or employers’ organization, to a fine of not more than $25,000. 2009, c. 33, Sched. 6, s. 35.

• 35.
• [s53]

  Regulations

• 36Regulations

  36 The Lieutenant Governor in Council may make such regulations as the Lieutenant Governor in Council considers necessary or advisable for carrying out the intent and purposes of this Act, including regulations respecting forms used for the purposes of this Act. 2009, c. 33, Sched. 6, s. 36.

• 36.
• 37-91

  37-91 Omitted (amends, repeals or revokes other legislation). 2009, c. 33, Sched. 6, ss. 37-91.

• 37.-91
• 37.-91.
• 92

  92 Omitted (provides for coming into force of provisions of this Act). 2009, c. 33, Sched. 6, s. 92.

• 92.
• 93

  93 Omitted (enacts short title of this Act). 2009, c. 33, Sched. 6, s. 93. ______________

• 93.