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Executive Director's Decision

Section 22 (4) of the Act states that the Executive Director may, at any time:

  1. dismiss a complaint if the Executive Director considers that the complaint is without merit;
  2. discontinue further action on the complaint if, in the opinion of the Executive Director, the Complainant has refused to accept a proposed settlement that is fair and reasonable;
  3. discontinue further action on the complaint if it could be dealt with more appropriately by an alternate method of resolution under any other Act, or if grievance or other review procedures have not been exhausted; or
  4. report to the Chairperson of the Commission that the parties are unable to settle the complaint.

The Commission notifies the parties in writing of the Executive Director’s decision.

Reviewing the Executive Director’s Decision

If the Executive Director dismisses or discontinues the complaint, the Complainant has the option of asking the Chairperson of the Commission to review the Executive Director’s decision. The Chairperson reviews the request and either upholds the Executive Director’s decision or decides to send the complaint to a public panel hearing. 

Judicial Review of the Chairperson's decision

If the Chairperson agrees with the Executive Director’s decision to dismiss or discontinue the complaint, the Complainant has 30 days from the date of the decision to file an application with the Supreme Court of Prince Edward Island Trial Division to have a judicial review of the Chairperson’s decision.

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