19 (1) The Ombudsman may from time to time require any officer, employee or member of any public sector body who in his or her opinion is able to give any information relating to any matter that is being investigated by the Ombudsman to furnish to him or her any such information, and to produce any documents or things which in the Ombudsman’s opinion relate to any such matter and which may be in the possession or under the control of that person. R.S.O. 1990, c. O.6, s. 19 (1); 2014, c. 13, Sched. 9, s. 11 (1). Examination under oath (2) The Ombudsman may summon before him or her and examine on oath, (a) any complainant; (b) any person who is an officer or employee or member of any public sector body and who, in the Ombudsman’s opinion, is able to give any information mentioned in subsection (1); or (c) any other person who, in the Ombudsman’s opinion, is able to give any information mentioned in subsection (1), and for that purpose may administer an oath. R.S.O. 1990, c. O.6, s. 19 (2); 2014, c. 13, Sched. 9, s. 11 (2). Secrecy (3) Subject to subsection (4), no person who is bound by the provisions of any Act, other than the Public Service of Ontario Act, 2006, the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, to maintain secrecy in relation to, or not to disclose, any matter shall be required to supply any information to or answer any question put by the Ombudsman in relation to that matter, or to produce to the Ombudsman any document or thing relating to it, if compliance with that requirement would be in breach of the obligation of secrecy or non-disclosure. R.S.O. 1990, c. O.6, s. 19 (3); 2006, c. 35, Sched. C, s. 94 (3); 2014, c. 13, Sched. 9, s. 11 (3). Providing personal information despite privacy Acts (3.1) A person who is subject to Part X of the Child, Youth and Family Services Act, 2017, 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 that Part or in those Acts from providing personal information to the Ombudsman, when the Ombudsman requires the person to provide the information under subsection (1) or (2). 2004, c. 3, Sched. A, s. 94; 2014, c. 13, Sched. 9, s. 11 (4); 2019, c. 15, Sched. 27, s. 1. Idem (4) With the previous consent in writing of any complainant, any person to whom subsection (3) applies may be required by the Ombudsman to supply information or answer any question or produce any document or thing relating only to the complainant, and it is the duty of the person to comply with that requirement. R.S.O. 1990, c. O.6, s. 19 (4). Privileges (5) Every person 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. R.S.O. 1990, c. O.6, s. 19 (5). Protection (6) Except on the trial of any person for perjury 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 inquiry by or any proceedings before the 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 Ombudsman shall be given against any person. R.S.O. 1990, c. O.6, s. 19 (6). Right to object to answer (7) A person giving a statement or answer in the course of any inquiry or proceeding before the Ombudsman shall be informed by the Ombudsman of the right to object to answer any question under section 5 of the Canada Evidence Act. R.S.O. 1990, c. O.6, s. 19 (7). Prosecution (8) No person is liable to prosecution for an offence against any Act, other than this Act, by reason of his or her compliance with any requirement of the Ombudsman under this section. R.S.O. 1990, c. O.6, s. 19 (8). Fees (9) Where any person is required by the 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 Act, regulation or rule in that behalf apply accordingly. R.S.O. 1990, c. O.6, s. 19 (9); 2006, c. 19, Sched. C, s. 1 (1). Section Amendments with date in force (d/m/y) 2004, c. 3, Sched. A, s. 94 - 01/11/2004 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006; 2006, c. 35, Sched. C, s. 94 (3) - 20/08/2007 2014, c. 13, Sched. 9, s. 11 (3) - 01/01/2016 2019, c. 15, Sched. 27, s. 1 - 01/01/2020