APPENDIX B: COMPLAINT-DRIVEN INVESTIGATIONS

APPENDIX B COMPLAINT-DRIVEN INVESTIGATIONS

Focus/nature of investigations

Investigations will:

• Investigations would include any matter of administration initiated with respect to the project. A “matter of administration” encompasses everything done by governmental authorities in the implementation of government policy.
• Legislative decisions are based upon broad discretionary powers inherent in the legislative process. As such, the FTA will not reconsider the merits of decisions of public bodies exercising legislative functions. (The test for determining whether an action is legislative or administrative is whether the action taken was one making a law, or whether it involved executing or administering a law already in existence.)
• Focus on ensuring a detailed review of the substantive and procedural matters of administrative decisions, including a review of any specific documents considered, motions and all votes taken or direction given;
• Will consider whether the issue under consideration reflects all relevant guiding documentation;
• Will primarily be conducted through a review of key documents and include key informant interviews; they may also involve the review of videotaped proceedings,
• Investigations will be conducted by FTA in private (municipal solicitors/representatives or parties other than the witness cannot be present during interviews).

Notification of investigations

• If an investigation involves a municipal process, a letter will be sent to that council requesting full cooperation and requesting a contact person to assist with access to information; following that, the FTA will contact the affected municipality to explain the process and determine whom I should contact re: access to documents, etc.;
• The FTA will have the sole discretion to determine whether or not to allow affected parties to make representations; and,
• If at any time during the course of an investigation it appears to the FTA that there may be sufficient grounds to make any report or recommendation that may negatively reflect upon a party’s process, the FTA shall give him, her or it an opportunity to make representations respecting the adverse report or recommendations..

Reporting/documentation

• Names of individuals and/or firms involved will be withheld in any reporting unless consent is received.