PART V.1 ACCOUNTABILITY AND TRANSPARENCY
223.13
223.13 (1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an Ombudsman who reports to council and whose function is to investigate in an independent manner any decision or recommendation made or act done or omitted in the course of the administration of the municipality, its local boards and such municipally-controlled corporations as the municipality may specify and affecting any person or body of persons in his, her or its personal capacity.  2006, c. 32, Sched. A, s. 98. Powers and duties (2) Subject to this Part, in carrying out the functions under subsection (1), the Ombudsman may exercise the powers and shall perform the duties assigned to him or her by the municipality.  2006, c. 32, Sched. A, s. 98. Matters to which municipality is to have regard (3) In appointing the Ombudsman and in assigning powers and duties to him or her, the municipality shall have regard to, among other matters, the importance of the matters listed in subsection (5).  2006, c. 32, Sched. A, s. 98. Same, Ombudsman (4) In carrying out his or her functions under subsection (1), the Ombudsman shall have regard to, among other matters, the importance of the matters listed in subsection (5).  2006, c. 32, Sched. A, s. 98. Same (5) The matters referred to in subsections (3) and (4) are, (a)  the Ombudsman’s independence and impartiality; (b)  confidentiality with respect to the Ombudsman’s activities; and (c)  the credibility of the Ombudsman’s investigative process.  2006, c. 32, Sched. A, s. 98. Powers paramount (6) The powers conferred on the Ombudsman under this Part may be exercised despite any provision in any Act to the effect that any such decision, recommendation, act or omission is final, or that no appeal lies in respect of them, or that no proceeding or decision of the person or organization whose decision, recommendation, act or omission it is shall be challenged, reviewed, quashed or called in question.  2006, c. 32, Sched. A, s. 98. Decisions not reviewable (7) Nothing in this Part empowers the Ombudsman to investigate any decision, recommendation, act or omission, (a)  in respect of which there is, under any Act, a right of appeal or objection, or a right to apply for a hearing or review, on the merits of the case to any court, or to any tribunal constituted by or under any Act, until that right of appeal or objection or application has been exercised in the particular case, or until after any time for the exercise of that right has expired; or (b)  of any person acting as legal adviser to the municipality, a local board or a municipally-controlled corporation or acting as counsel to any of them in relation to any proceedings.  2006, c. 32, Sched. A, s. 98. Delegation (8) The Ombudsman may delegate in writing to any person, other than a member of council, any of the Ombudsman's powers and duties under this Part.  2006, c. 32, Sched. A, s. 98. Same (9) The Ombudsman may continue to exercise the delegated powers and duties, despite the delegation.  2006, c. 32, Sched. A, s. 98. Status (10) The Ombudsman is not required to be a municipal employee.  2006, c. 32, Sched. A, s. 98. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 98 - 01/01/2007