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Section 75 - Adjudicator to investigate complaints and review decisions

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75(1) The Lieutenant Governor in Council may designate a judge of the Court of Queen's Bench of Alberta to act as an adjudicator

(a) to investigate complaints made against the Commissioner as the head of the Office of the Information and Privacy Commissioner with respect to any matter referred to in section 53(2),

(b) if the person who is appointed as the Commissioner is, at the same time, appointed as any other officer of the Legislature, to investigate complaints respecting any matter referred to in section 53(2) made against that person when acting as the head of that office,

(c) to investigate complaints respecting any matter referred to in section 53(2) made against a head of a public body and the Commissioner had been a member, employee or head of that public body or, in the Commissioner's opinion, the Commissioner has a conflict with respect to that public body,

(d) to review, if requested under section 78, a decision, act or failure to act of a head of a public body and the Commissioner had been a member, employee or head of that public body or, in the Commissioner's opinion, the Commissioner has a conflict with respect to that public body,

(e) to review, if requested under section 77, any decision, act or failure to act of the Commissioner as the head of the Office of the Information and Privacy Commissioner, and

(f) if the person who is appointed as the Commissioner is, at the same time, appointed as any other officer of the Legislature, to review, if requested under section 77, any decision, act or failure to act of that person when acting as the head of that office.

(2) An adjudicator must not review an order of the Commissioner made under this Act.

(3) An adjudicator may retain the services of any persons necessary to assist in performing the adjudicator's functions under this Act.

(4) The Government of Alberta may pay out of the General Revenue Fund

(a) to an adjudicator, the expenses a judge is entitled to receive under section 57(3) of the Judges Act (Canada) while acting as an adjudicator, and

(b) to a person whose services are retained under subsection (3), remuneration for those services.

1994 cF-18.5 s71;1995 c17 s14;1995 c34 s6;1999 c23 s37

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