13.3 (1) Where, after attempting to facilitate the resolution of a complaint under section 13.2, the patient ombudsman believes that the complaint should be investigated, the patient ombudsman may investigate the complaint. 2014, c. 13, Sched. 5, s. 4. May decide not to investigate (2) Without limiting the generality of the powers conferred on the patient ombudsman by this Act, the patient ombudsman may in his or her discretion decide not to investigate, or, as the case may require, not to further investigate any complaint for any reason for which the patient ombudsman could have determined not to attempt to facilitate the resolution of the complaint under section 13.2. 2014, c. 13, Sched. 5, s. 4. Patient to be informed (3) In any case where the patient ombudsman makes a determination not to investigate or further investigate a complaint, the patient ombudsman shall inform the patient, former patient, caregiver or other prescribed person in writing of that decision and state the reasons for that decision. 2014, c. 13, Sched. 5, s. 4. Investigations on own initiative (4) The patient ombudsman may also commence an investigation of the actions or inactions of one or more health sector organizations that relate to the patient care or health care experience provided by the organization or organizations in any case where the patient ombudsman believes that the matter should be investigated. 2014, c. 13, Sched. 5, s. 4. Restriction (5) Despite subsection (4), the patient ombudsman shall not commence an investigation under that subsection in connection with a matter that is within the jurisdiction of another person or body or is the subject of a proceeding. 2014, c. 13, Sched. 5, s. 4. Organization and patient to be informed (6) Before investigating any matter, the patient ombudsman shall inform the relevant health sector organization and the patient,  former patient, caregiver or other prescribed person, if any, who made the complaint that led to the investigation of his or her intention to make the investigation. 2014, c. 13, Sched. 5, s. 4. Investigations are private (7) Every investigation by the patient ombudsman shall be conducted in private. 2014, c. 13, Sched. 5, s. 4. Exception, other persons and bodies (8) Despite subsection (7), where the patient ombudsman obtains information in the course of an investigation that relates to a matter within the jurisdiction of another person or body, the patient ombudsman may provide that information to the other person or body. 2014, c. 13, Sched. 5, s. 4. Obtaining information, etc. (9) The patient ombudsman may hear or obtain information from any persons he or she thinks fit, and may make any inquiries he or she thinks fit. 2014, c. 13, Sched. 5, s. 4. Opportunity to be heard (10) The patient ombudsman is not required to hold any hearing and no person is entitled as of right to be heard by the patient ombudsman, but, if at any time during the course of an investigation, it appears to the patient ombudsman that there may be sufficient grounds for him or her to make any report or recommendation that may adversely affect any person or entity, the patient ombudsman shall give to that person or entity an opportunity to make representations respecting the adverse report or recommendation, either personally or by counsel. 2014, c. 13, Sched. 5, s. 4. Requiring information (11) The patient ombudsman may from time to time require any officer, employee, director, shareholder or member of any health sector organization, or any other person who provides services through or on behalf of a health sector organization, who, in his or her opinion, is able to give any information relating to any matter that is being investigated by the patient ombudsman, (a) to furnish to him or her with the information; and (b) to produce any documents or things that in the patient ombudsman’s opinion relate to the matter and that may be in the person’s possession or under the person’s control. 2014, c. 13, Sched. 5, s. 4. Examination under oath (12) The patient ombudsman may summon before him or her and examine under oath, (a) any patient, former patient, caregiver or other prescribed person who has made a complaint under this Act; or (b) any person who is mentioned in subsection (11). 2014, c. 13, Sched. 5, s. 4. Certain other Acts (13) A person who is subject to the Freedom of Information and Protection of Privacy Act, the
Municipal Freedom of Information and Protection of Privacy Act or the Personal Health Information Protection Act, 2004 is not prevented by any provisions in those Acts from providing personal information or personal health information to the patient ombudsman, when the patient ombudsman requires the person to provide the information under this section. 2014, c. 13, Sched. 5, s. 4. Privilege preserved (14) Every person to whom this section applies has the same privileges in relation to the giving of information, the answering of questions, and the production of documents and things as witnesses have in any court. 2014, c. 13, Sched. 5, s. 4. Statements not admissible (15) Except on the trial of any person for an offence in respect of the person’s sworn testimony, no statement made or answer given by that or any other person in the course of any investigation by the patient ombudsman is admissible in evidence against any person in any court or at any inquiry or in any other proceedings, and no evidence in respect of proceedings before the patient ombudsman shall be given against any person. 2014, c. 13, Sched. 5, s. 4. Right to object to self-incrimination (16) A person giving a statement or answer in the course of any investigation before the patient ombudsman shall be informed by the patient ombudsman of the right to object to answer any question under section 5 of the Canada Evidence Act. 2014, c. 13, Sched. 5, s. 4. Protection from liability (17) No person is liable to prosecution for an offence against any Act, by reason of his or her compliance with any requirement of the patient ombudsman under this section. 2014, c. 13, Sched. 5, s. 4. Fees, allowances, etc. (18) Where any person is required by the patient ombudsman to attend before him or her for the purposes of this section, the person is entitled to the same fees, allowances and expenses as if he or she were a witness in the Superior Court of Justice, and the provisions of any relevant Act, regulation or rule apply accordingly, with necessary modification. 2014, c. 13, Sched. 5, s. 4. Compliance (19) Every person who is summoned by the patient ombudsman under this section, or is required to furnish or produce documents or information, shall comply with the summons or furnish or produce the documents or information, as the case may be. 2014, c. 13, Sched. 5, s. 4. Entry (20) For the purposes of an investigation under this section, the patient ombudsman may at any time enter upon any premises of a health sector organization and inspect the premises. 2014, c. 13, Sched. 5, s. 4. Restriction (21) Despite subsection (20), the patient ombudsman shall not enter any premises of a health sector organization, except with the consent of the health sector organization or under the authority of a warrant issued under subsection (23). 2014, c. 13, Sched. 5, s. 4. Private dwellings (22) Despite subsection (20), the patient ombudsman shall not enter any premises that is being used as a dwelling, except with the consent of the occupier or under the authority of a warrant issued under subsection (23). 2014, c. 13, Sched. 5, s. 4. Warrant (23) A justice of the peace may issue a warrant authorizing the patient ombudsman or another person to enter any premises of a health sector organization if the justice is satisfied, on evidence under oath or affirmation, that there are reasonable grounds to believe that it is necessary to enter the premises for the purposes of an investigation under this section. 2014, c. 13, Sched. 5, s. 4. Obstruction forbidden (24) No person shall, without lawful justification or excuse, wilfully obstruct, hinder or resist the patient ombudsman or a delegate of the patient ombudsman in the performance of his or her functions under this Act. 2014, c. 13, Sched. 5, s. 4. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 5, s. 4 - 01/07/2016