Update to the Rules of Procedure
It has been some time since amendments were made to the Rules of Procedure. Some changes are outlined below which become effective January 7, 2025.
First, The Youth Criminal Justice Act (YCJA) has some provisions on access to records. These affect the way we exercise our oversight responsibilities when records relate to young offenders. If within the time limits under YCJA, we can require production of the records in question, but after the time limit, we cannot receive the records and will require an affidavit and a schedule of records instead of the actual records. Check out Part 9.1.
Second, our legislation allows the commissioner to discontinue a review or investigation if certain circumstances exist. The Rules indicate what our office requires in order to request a review be discontinued. Check out Part 9.2.
Third, we have tried to clarify the requirements for information when a public body claims solicitor-client privilege. There is really not a change in the Rules but an attempt to clarify. Check out Part 9.0 in the Rules.
Finally, we have added some wording to 8-5(3) regarding confidentiality. We are bound to keep information confidential, but there is one exception and that is, we can provide a limited amount of information in our reports. Thus, if a public body or a solicitor sends us a communication which says it is “confidential” or “without prejudice,” we cannot accept that limitation.
If anyone believes there should be corrections or changes to the Rules, please contact me.