P-32 - Public Protector Act

Section 26 Disposition versions

1987-06-23

26. Where, after acting pursuant to Division V, the Public Protector is of opinion that no prejudicial situation exists or that the prejudicial situation brought to his attention has been adequately remedied, he shall promptly notify the interested parties.

1968, c. 11, s. 26; 1978, c. 15, s. 140; 1984, c. 39, s. 601; 1987, c. 46, s. 8.

1979-04-01

26. The Public Protector shall notify the incumbent minister of the department or the chief executive officer of the agency concerned whenever he is of the opinion, after completing an investigation, that a person has been wronged in the circumstances contemplated in the first paragraph of section 13 because a functionary, officer or employee

(a)  has not complied with the law,

(b)  has acted in an unreasonable, unjust, arbitrary or discriminatory manner,

(c)  has failed in his duty or has been guilty of misconduct or negligence,

(d)  has committed an error of law or of fact, or

(e)  in the exercise of a discretionary power, has acted for an unjust purpose, has been actuated by irrelevant motives or has failed to give reasons for his discretionary act when he should have done so.

When the Public Protector is of the opinion, on completion of an investigation, that the procedure followed by a government body or by any member thereof in the exercise of a quasi-judicial function, is affected by some gross irregularity and that justice has not been or will not be done, he shall also give notice thereof to the chief executive officer of the agency concerned.

The Public Protector, whenever he sends a notice to the incumbent minister of a department or the chief executive officer of an agency under this section, may add any recommendation he deems useful and ask to be informed of the measures contemplated to give effect to his recommendation, and of measures that have already been taken.

When the Public Protector is of the opinion, on completion of an investigation, that justice has been done, he shall also give notice thereof to the incumbent minister of the department or the chief executive officer of the agency concerned.

1968, c. 11, s. 26; 1978, c. 15, s. 140.

1977-12-31

26. The Public Protector shall notify the head of the department or body concerned whenever he is of the opinion, after completing an investigation, that a person has been wronged in the circumstances contemplated in the first paragraph of section 13 because a functionary, officer or employee

(a)  has not complied with the law,

(b)  has acted in an unreasonable, unjust, arbitrary or discriminatory manner,

(c)  has failed in his duty or has been guilty of misconduct or negligence,

(d)  has committed an error of law or of fact, or

(e)  in the exercise of a discretionary power, has acted for an unjust purpose, has been actuated by irrelevant motives or has failed to give reasons for his discretionary act when he should have done so.

When the Public Protector is of the opinion, on completion of an investigation, that the procedure followed by a government body or by any member thereof in the exercise of a quasi-judicial function, is affected by some gross irregularity and that justice has not been or will not be done, he shall also give notice thereof to the head of the body concerned.

The Public Protector, whenever he sends a notice to the head of a department or body under this section, may add any recommendation he deems useful and ask to be informed of the measures contemplated to give effect to his recommendation, and of measures that have already been taken.

When the Public Protector is of the opinion, on completion of an investigation, that justice has been done, he shall also give notice thereof to the head of the department or body concerned.

1968, c. 11, s. 26.