Marginal note:Protection of Commissioner

• 75. (1) No criminal or civil proceedings lie against the Commissioner, or against any person acting on behalf or under the direction of the Commissioner, for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function of the Commissioner under this Act.

• Marginal note:Libel or slander

  (2) For the purposes of any law relating to libel or slander,

  • (a) anything said, any information supplied or any document or thing produced in good faith in the course of an investigation by or on behalf of the Commissioner under this Act is privileged; and

  • (b) any report made in good faith by the Commissioner under this Act and any fair and accurate account of the report made in good faith in a newspaper or any other periodical publication or in a broadcast is privileged.

PART XCOURT REMEDY

Marginal note:Definition of “Court”

76. In this Part, “Court” means the Federal Court.

Marginal note:Application for remedy

• 77. (1) Any person who has made a complaint to the Commissioner in respect of a right or duty under sections 4 to 7, sections 10 to 13 or Part IV, V or VII, or in respect of section 91, may apply to the Court for a remedy under this Part.

• Marginal note:Limitation period

  (2) An application may be made under subsection (1) within sixty days after

  • (a) the results of an investigation of the complaint by the Commissioner are reported to the complainant under subsection 64(1),

  • (b) the complainant is informed of the recommendations of the Commissioner under subsection 64(2), or

  • (c) the complainant is informed of the Commissioner’s decision to refuse or cease to investigate the complaint under subsection 58(5),

  or within such further time as the Court may, either before or after the expiration of those sixty days, fix or allow.

• Marginal note:Application six months after complaint

  (3) Where a complaint is made to the Commissioner under this Act but the complainant is not informed of the results of the investigation of the complaint under subsection 64(1), of the recommendations of the Commissioner under subsection 64(2) or of a decision under subsection 58(5) within six months after the complaint is made, the complainant may make an application under subsection (1) at any time thereafter.

• Marginal note:Order of Court

  (4) Where, in proceedings under subsection (1), the Court concludes that a federal institution has failed to comply with this Act, the Court may grant such remedy as it considers appropriate and just in the circumstances.

• Marginal note:Other rights of action

  (5) Nothing in this section abrogates or derogates from any right of action a person might have other than the right of action set out in this section.