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Failure to comply with code of conduct
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502. (1) A person may make a complaint to the chief executive officer that a member of the Governing Board, a Planning Commissioner or member of the staff of the Commission, has failed to comply with the code of conduct in so far as the code of conduct applies to that member, Planning Commissioner or member of the staff.
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(2) Subject to subsections (7) and (8), where the chief executive officer has formed the view that there exists prima facie evidence that a member of the Governing Board, a Planning Commissioner or a member of the staff of the Commission has failed to comply with a code of conduct, or is satisfied that such evidence exists arising from the making of a complaint under subsection (1), the chief executive officer may—
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(a) inform the member of the Governing Board, Planning Commissioner or member of the staff of the evidence or complaint, where appropriate, and
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(b) investigate the matter, including by requiring the member of the Governing Board, Planning Commissioner or member of the staff to attend before the chief executive officer for interview and to provide the chief executive officer with such information as the chief executive officer may require.
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(3) Where the chief executive officer conducts an investigation under subsection (2) he or she may report the result of the investigation to the Minister where he or she considers it appropriate to do so.
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(4) Where the chief executive officer conducts an investigation under subsection (2), he or she may request the Minister to direct that a member of the Governing Board or Planning Commissioner the subject of the investigation not exercise his or her functions under this Act until the outcome of the investigation has been determined, and the Minister may give such a direction.
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(5) A member of the Governing Board or Planning Commissioner who receives a direction under subsection (4) shall comply with the direction.
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(6) Where the Minister is satisfied that a member of the Governing Board or Planning Commissioner has breached the code of conduct, he or she may take such action in relation to the member of the Governing Board or Planning Commissioner as he or she considers appropriate.
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(7) The Minister may direct the chief executive officer to conduct an investigation under this section, where he or she considers that a member of the Governing Board or a Planning Commissioner may have failed to comply with the code of conduct in so far as the code of conduct is applied to the member of the Governing Board or Planning Commissioner, and the chief executive officer shall comply with such a direction and this section shall apply accordingly.
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(8) Where a person makes a complaint under subsection (1) that the chief executive officer has failed to comply with the code of conduct, the chief executive officer shall refer the complaint to the Chief Planning Commissioner and subsections (2) and (3) shall apply accordingly, subject to the modification that references to the chief executive officer shall be construed as references to the Chief Planning Commissioner.
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