jswizzle3737/ontario_laws_and_regs huggingface dataset:
1.1 (1) For the purposes of this Act, the head of a public sector body that is a municipality is, (a) a member of the council of the municipality, or a committee of the council, designated by by-law of the municipality as head; or (b) if no member or committee is designated, the council. 2014, c. 13, Sched. 9, s. 2. Local board (2) For the purposes of this Act, the head of a public sector body that is a local board is, (a) a member of the local board, or a committee of the local board, designated in writing by the members of the local board as head; or (b) if no member or committee is designated, the members of the local board. 2014, c. 13, Sched. 9, s. 2. Municipally-controlled corporation (3) For the purposes of this Act, the head of a public sector body that is a municipally-controlled corporation shall be determined in accordance with regulations made under subsection (4). 2014, c. 13, Sched. 9, s. 2. Regulations (4) The Lieutenant Governor in Council may make regulations governing the determination of the head of a public sector body that is a municipally-controlled corporation. 2014, c. 13, Sched. 9, s. 2. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 9, s. 2 - 01/01/2016
1.2 For the purposes of this Act, the head of a public sector body that is a school board is, (a) a member or employee of the school board designated by the school board as head; or (b) if no one is designated, the director of education for the school board. 2014, c. 13, Sched. 9, s. 3. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 9, s. 3 - 01/09/2015
1.3 For the purposes of this Act, the head of a public sector body that is a university is, (a) a member of the governing body of the university or other officer or employee of the university, or a committee of the governing body, designated by the governing body as head; or (b) if no person or committee is designated, the president of the university. 2014, c. 13, Sched. 9, s. 4. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 9, s. 4 - 01/01/2016
2 (1) There shall be an Ombudsman who is an officer of the Assembly. 2018, c. 17, Sched. 28, s. 2 (1). Appointment (2) The Assembly shall, by order, appoint the Ombudsman. 2018, c. 17, Sched. 28, s. 2 (1). Selection by panel (3) Unless decided otherwise by unanimous consent of the Assembly, an order shall be made under subsection (2) only if the person to be appointed has been selected by unanimous agreement of a panel composed of one member of the Assembly from each recognized party, chaired by the Speaker who is a non-voting member. 2018, c. 17, Sched. 28, s. 2 (1). Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 28, s. 2 (1) - 06/12/2018
3 (1) The Ombudsman shall hold office for a term of five years and may be reappointed for one further term of five years. 2018, c. 17, Sched. 28, s. 2 (1). Selection by panel (2) Subsection 2 (3) applies with respect to a reappointment under subsection (1) of this section. 2018, c. 17, Sched. 28, s. 2 (1). Continuation in office (3) By order of the Assembly, the Ombudsman may continue to hold office after expiry of his or her term of office until a temporary Ombudsman is appointed under section 7 or until a successor is appointed. 2018, c. 17, Sched. 28, s. 2 (1). Transition (4) The Ombudsman in office immediately before the day subsection 2 (1) of Schedule 28 to the Restoring Trust, Transparency and Accountability Act, 2018 comes into force is deemed to be in the first term of his or her appointment and shall continue to hold office for the remainder of the term. 2018, c. 17, Sched. 28, s. 2 (1). Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 28, s. 2 (1) - 06/12/2018
4 (1) The Assembly may, by order passed by a vote of at least two thirds of the members of the Assembly, remove or suspend the Ombudsman from office for cause. 2018, c. 17, Sched. 28, s. 2 (1). Suspension if Assembly not in session (2) If the Assembly is not in session, the Board of Internal Economy may on unanimous agreement suspend the Ombudsman for cause. 2018, c. 17, Sched. 28, s. 2 (1). Duration of suspension (3) A suspension under subsection (1) continues until revoked by order of the Assembly or until the Ombudsman is removed from office pursuant to subsection (1). 2018, c. 17, Sched. 28, s. 2 (1). Same (4) Unless the Board of Internal Economy revokes the suspension before the next sitting of the Assembly, a suspension under subsection (2) continues until revoked by order of the Assembly or until the Ombudsman is removed from office pursuant to subsection (1). 2018, c. 17, Sched. 28, s. 2 (1). Same (5) Despite subsection (4), no suspension imposed under subsection (2) continues past the 20th sessional day of the next sitting of the Assembly. 2018, c. 17, Sched. 28, s. 2 (1). Report to Assembly (6) The Board of Internal Economy shall report to the Assembly any action taken under subsections (2) and (4) at the earliest opportunity of the next sitting of the Assembly. 2018, c. 17, Sched. 28, s. 2 (1). Meaning of “not in session” (7) For the purposes of this section and sections 7 and 7.2, the Assembly is not in session when it is, (a) prorogued; or (b) adjourned for an indefinite period or to a day that is more than seven days after the date on which the Assembly was adjourned. 2018, c. 17, Sched. 28, s. 2 (1). Section Amendments with date in force (d/m/y) 1999, c. 5, s. 4 (1) - 28/10/1999 2005, c. 29, s. 5 (1, 2)
- 12/12/2006 2018, c. 17, Sched. 28, s. 2 (1) - 06/12/2018
5 (1) The Board of Internal Economy shall determine the salary and benefits of the Ombudsman. 2018, c. 17, Sched. 28, s. 2 (1). Pension plan (2) Subject to subsections (3) and (4), the Ombudsman is a member of the Public Service Pension Plan. 2018, c. 17, Sched. 28, s. 2 (1). Notice re pension plan (3) Within 60 days after his or her appointment takes effect, the Ombudsman may notify the Speaker in writing that he or she elects not to be a member of the Public Service Pension Plan. 2018, c. 17, Sched. 28, s. 2 (1). Same (4) If the Ombudsman gives notice of their election to the Speaker in accordance with subsection (3), the election is irrevocable and is deemed to have taken effect when the appointment took effect. 2018, c. 17, Sched. 28, s. 2 (1). Expenses (5) Subject to the approval of the Board of Internal Economy, the Ombudsman is entitled to be reimbursed for reasonable expenses that he or she incurs in respect of anything done under this Act. 2018, c. 17, Sched. 28, s. 2 (1). Transition (6) The salary and expenses of the Ombudsman in office immediately before the day subsection 2 (1) of Schedule 28 to the Restoring Trust, Transparency and Accountability Act, 2018
comes into force continue to be determined in accordance with subsections 6 (1) to (3) of this Act, as they read immediately before that day, for the remainder of the Ombudsman’s term of office. 2018, c. 17, Sched. 28, s. 2 (1). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 4 - 25/04/1996 2006, c. 35, Sched. C, s. 94 (1) - 20/08/2007 2018, c. 17, Sched. 28, s. 2 (1) - 06/12/2018
6 (1) The Ombudsman shall designate an individual from among the employees of the Ombudsman who shall have the powers and duties of the Ombudsman if the Ombudsman is absent or unable to fulfil the duties of his or her office or if the office becomes vacant. 2018, c. 17, Sched. 28, s. 2 (1). Designation in writing (2) A designation under subsection (1) shall be in writing to the Speaker. 2018, c. 17, Sched. 28, s. 2 (1). Powers and duties (3) The individual designated under subsection (1) shall have the powers and duties of the Ombudsman unless a temporary Ombudsman is appointed under section 7. 2018, c. 17, Sched. 28, s. 2 (1). Salary (4) The Board of Internal Economy may increase the salary of an individual who assumes the powers and duties of the Ombudsman under subsection (1) in such circumstances as the Board considers appropriate. 2018, c. 17, Sched. 28, s. 2 (1). Removal or suspension (5) Section 4 applies in respect of an individual who assumes the powers and duties of the Ombudsman under subsection (1). 2018, c. 17, Sched. 28, s. 2 (1). Section Amendments with date in force (d/m/y) 1996, c. 6, s. 5 - 25/04/1996 2018, c. 17, Sched. 28, s. 2 (1) - 06/12/2018
7 (1) If the Ombudsman is unable to fulfil the duties of his or her office or if the office becomes vacant, the Assembly may, by order, appoint a temporary Ombudsman. 2018, c. 17, Sched. 28, s. 2 (1). Same, conditions (2) An order shall be made under subsection (1) only if, (a) the Ombudsman, (i) has not made a designation under subsection 6 (1), or (ii) has made a designation under subsection 6 (1), but, (A) the Ombudsman has been removed or suspended under section 4, or (B) the person designated is unable or unwilling to act or has been removed or suspended under section 4; and (b) unless decided otherwise by unanimous consent of the Assembly, the person to be appointed has been selected by unanimous agreement of a panel composed of one member of the Assembly from each recognized party, chaired by the Speaker who is a non-voting member. 2018, c. 17, Sched. 28, s. 2 (1). Appointment if Assembly not in session (3) If, while the Assembly is not in session, the Ombudsman is unable to fulfil the duties of his or her office or the office becomes vacant, the Board of Internal Economy may appoint a temporary Ombudsman. 2018, c. 17, Sched. 28, s. 2 (1). Same (4) Clause (2) (a) applies with respect to an appointment under subsection (3). 2018, c. 17, Sched. 28, s. 2 (1). Powers, salary and benefits (5) A temporary Ombudsman shall have the powers and duties of the Ombudsman and shall be paid a salary and benefits determined by the Board of Internal Economy and, subject to the approval of the Board, be reimbursed for reasonable expenses that he or she incurs in respect of anything done under this Act. 2018, c. 17, Sched. 28, s. 2 (1). Duration of office (6) A temporary Ombudsman shall hold office until, (a) the Ombudsman is able to fulfil the duties of the office, where the appointment resulted from the Ombudsman being unable to do so; (b) where the appointment resulted from a suspension of the Ombudsman, the suspension is revoked by order of the Assembly, by the Board of Internal Economy under subsection 4 (4) or by operation of subsection 4 (5); (c) the Assembly appoints a different temporary Ombudsman under subsection (1); or (d) the Assembly appoints an Ombudsman under section 2. 2018, c. 17, Sched. 28, s. 2 (1). Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 28, s. 2 (1) - 06/12/2018
7.1 A person who continues his or her first term as Ombudsman under subsection 3 (3) or who is appointed as a temporary Ombudsman is not prohibited from a subsequent appointment as Ombudsman under section 2 and, in the case of such an appointment, the previous time in office does not count toward the term of office set out in subsection 3 (1). 2018, c. 17, Sched. 28, s. 2 (1). Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 28, s. 2 (1) - 06/12/2018
7.2 (1) The Ombudsman shall not be a member of the Assembly and shall not, without prior approval by the Assembly, or by the Board of Internal Economy when the Assembly is not in session, hold any other office or employment. 2018, c. 17, Sched. 28, s. 2 (1). Exception (2) Despite subsection (1), the Ombudsman may hold more than one office to which he or she has been appointed by the Assembly or the Board of Internal Economy. 2018, c. 17, Sched. 28, s. 2 (1). Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 28, s. 2 (1) - 06/12/2018
7.3 (1) Before beginning the duties of his or her office, the Ombudsman shall take an oath or affirmation that he or she will faithfully and impartially exercise the functions of the office and that he or she will not, except in accordance with subsection (3) or regulations made under subsection (5), disclose any information received by him or her as Ombudsman. 2018, c. 17, Sched. 28, s. 2 (1, 2). Same (2) The Speaker or the Clerk of the Assembly shall administer the oath or affirmation. 2018, c. 17, Sched. 28, s. 2 (1). Disclosure (3) The Ombudsman may disclose in any report made by him or her under this Act such matters as in the Ombudsman’s opinion ought to be disclosed in order to establish grounds for his or her conclusions and recommendations. 2018, c. 17, Sched. 28, s. 2 (1). Prohibition: identifying child (4) Despite subsection (3), the Ombudsman shall not disclose in any report the name of or any identifying information about a child to whom an investigation conducted under subsection 14 (1.1) may relate. 2018, c. 17, Sched. 28, s. 2 (3). Regulations (5) The Lieutenant Governor in Council may make regulations authorizing the Ombudsman to disclose information in the performance of his or her functions under this Act. 2018, c. 17, Sched. 28, s. 2 (3). Interpretation (6) Nothing in this section limits the prohibition against identifying a child set out in subsection 87 (8) of the Child, Youth and Family Services Act, 2017 or the restrictions that apply under subsection 227 (1) of that Act, after an adoption order is made, to information that relates to the adoption. 2018, c. 17, Sched. 28, s. 2 (3). Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 28, s. 2 (1) - 06/12/2018; 2018, c. 17, Sched. 28, s. 2 (2, 3) - 01/05/2019
7.4 (1) The Ombudsman holds office for a fixed term. 2018, c. 17, Sched. 28, s. 2 (1). Notice not required (2) No notice to the Ombudsman is required before the expiry of the Ombudsman’s term of office. 2018, c. 17, Sched. 28, s. 2 (1). Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 28, s. 2 (1) - 06/12/2018
8 (1) Subject to the approval of the Lieutenant Governor in Council, the Ombudsman may employ such employees as the Ombudsman considers necessary for the efficient operation of his or her office and may determine their salary and remuneration and terms and conditions of employment. R.S.O. 1990, c. O.6, s. 8 (1). Benefits (2) The benefits determined under Part III of the
Public Service of Ontario Act, 2006 with respect to the following matters for public servants employed under that Part to work in a ministry, other than in a minister’s office, who are not within a bargaining unit apply to the permanent and full-time employees of the Ombudsman: 1. Cumulative vacation and sick leave credits for regular attendance and payments in respect of those credits. 2. Plans for group life insurance, medical-surgical insurance or long-term income protection. 3. The granting of leaves of absence.  2006, c. 35, Sched. C, s. 94 (2). Same (2.1) For the purposes of subsection (2), if a benefit applicable to an employee of the Ombudsman is contingent on the exercise of a discretionary power or the performance of a discretionary function, the power may be exercised or the function may be performed by the Ombudsman or any person authorized in writing by the Ombudsman.  2006, c. 35, Sched. C, s. 94 (2). Employees’ pension benefits (3) The Ombudsman shall be deemed to have been designated by the Lieutenant Governor in Council under the Public Service Pension Act as an organization whose permanent and full-time probationary staff are required to be members of the Public Service Pension Plan. R.S.O. 1990, c. O.6, s. 8 (3). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 94 (2) - 20/08/2007
9 The Ombudsman may lease such premises and acquire such equipment and supplies as are necessary for the efficient operation of his or her office. R.S.O. 1990, c. O.6, s. 9.
9.1 (1) Individuals who are members of the Provincial Advocate for Children and Youth’s staff who work in the office of the Provincial Advocate for Children and Youth immediately before the day section 5 of Schedule 34 to the Restoring Trust, Transparency and Accountability Act, 2018
comes into force become employees of the office of the Ombudsman on that day, and the Ombudsman shall continue to employ those employees on such terms and conditions as may be determined under section 8, subject to any requirements of the Labour Relations Act, 1995. 2018, c. 17, Sched. 28, s. 3. Same (2) The employment of the employees described in subsection (1) is not terminated or severed, including for the purposes of the Employment Standards Act, 2000, and the employment of the employees immediately before and after the day section 5 of Schedule 34 to the Restoring Trust, Transparency and Accountability Act, 2018
comes into force is continuous for the purposes of calculating an employee’s length or period of employment. 2018, c. 17, Sched. 28, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 28, s. 3 - 01/05/2019
9.2 If an individual who is a member of the Provincial Advocate for Children and Youth’s staff on the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent leaves the office of the Provincial Advocate for Children and Youth to become an employee of the office of the Ombudsman on or after that day and before the day section 5 of Schedule 34 to that Act comes into force, (a) the employment of the employee is not terminated or severed, including for the purposes of the Employment Standards Act, 2000; and (b) the employment of the employee with the office of the Provincial Advocate for Children and Youth and the office of the Ombudsman is continuous for the purposes of calculating the employee’s length or period of employment. 2018, c. 17, Sched. 28, s. 4. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 28, s. 4 - 06/12/2018
9.3 The rights, obligations, assets and liabilities relating to the office of the Provincial Advocate for Children and Youth, as they exist immediately before the day section 5 of Schedule 34 to the Restoring Trust, Transparency and Accountability Act, 2018 comes into force, become the rights, obligations, assets and liabilities of the Ombudsman on that day. 2018, c. 17, Sched. 28, s. 5. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 28, s. 5 - 01/05/2019
10 The accounts and financial transactions of the office of the Ombudsman shall be audited annually by the Auditor General. R.S.O. 1990, c. O.6, s. 10; 2004, c. 17, s. 32. Section Amendments with date in force (d/m/y) 2004, c. 17, s. 32
- 30/11/2004
11 The Ombudsman shall report annually upon the affairs of the Ombudsman’s office to the Speaker of the Assembly who shall cause the report to be laid before the Assembly if it is in session or, if not, at the next session. R.S.O. 1990, c. O.6, s. 11. 12 Repealed: 2018, c. 17, Sched. 28, s. 6. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 28, s. 6 - 06/12/2018
14.0.1 (1) A children’s aid society or residential licensee, as the case may be, shall inform a child in care, in language suitable to his or her understanding, of the existence of the Ombudsman, of the Ombudsman’s functions under subsections 14 (1.1) and (1.3) and of how the Ombudsman may be contacted. 2018, c. 17, Sched. 28, s. 8. Same (2) A children’s aid society or residential licensee, as the case may be, shall afford a child in care who wishes to contact the Ombudsman with the means to do so privately and without delay. 2018, c. 17, Sched. 28, s. 8. Same (3) Children’s aid societies and residential licensees shall, without unreasonable delay, provide the Ombudsman with private access to children in care who wish to meet with the Ombudsman. 2018, c. 17, Sched. 28, s. 8. Same (4) Children’s aid societies and residential licensees shall, (a) prominently display at their premises, in a manner visible to persons receiving services, a notice advising of the existence and role of the Ombudsman under subsections 14 (1.1) and (1.3) and of how the Ombudsman may be contacted; and (b) make available on request any informational materials produced by the Ombudsman respecting his or her functions under those subsections. 2018, c. 17, Sched. 28, s. 8. Child in care (5) In this section, “child in care” has the same meaning as in subsection 2 (1) of the Child, Youth and Family Services Act, 2017. 2018, c. 17, Sched. 28, s. 8. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 28, s. 8 - 01/05/2019
15 (1) The Assembly may make general rules for the guidance of the Ombudsman in the exercise of his or her functions under this Act. R.S.O. 1990, c. O.6, s. 15 (1). Idem (2) All rules made under this section shall be deemed to be regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006. R.S.O. 1990, c. O.6, s. 15 (2); 2006, c. 21, Sched. F, s. 136 (1). Application of rules (2.1) Rules made under this section in respect of governmental organizations apply in respect of all public sector bodies, unless this Act or the rules expressly provide otherwise. 2014, c. 13, Sched. 9, s. 8. Exception (2.2) Any rules relating to the operation of subsection 21 (4) or (5) apply only to public sector bodies that are governmental organizations. 2014, c. 13, Sched. 9, s. 8. Procedures (3) Subject to this Act and any rules made under this section, the Ombudsman may determine his or her procedures. R.S.O. 1990, c. O.6, s. 15 (3). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2014, c. 13, Sched. 9, s. 8 - 01/09/2015
16 (1) Subject to subsection (1.1), every complaint to the Ombudsman shall be made in writing. R.S.O. 1990, c. O.6, s. 16 (1); 2018, c. 17, Sched. 28, s. 9 (1). Same (1.1) Subsection (1) does not apply to a complaint made by a child or young person respecting a matter that may be investigated under subsection 14 (1.1). 2018, c. 17, Sched. 28, s. 9 (2). To be forwarded (2) Despite any provision of any Act, if a letter addressed to the Ombudsman is written by an inmate of a provincial correctional institution, a person held in a youth custody facility under the Youth Criminal Justice Act (Canada) or a patient in a provincial psychiatric facility, the letter shall be immediately forwarded, unopened, to the Ombudsman by the person for the time being in charge of the institution, youth custody facility or other facility.  2006, c. 19, Sched. D, s. 15. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. D, s. 15 - 22/06/2006 2018, c. 17, Sched. 28, s. 9 (1, 2) - 01/05/2019
17 (1) If, in the course of the investigation of any complaint within his or her jurisdiction, it appears to the Ombudsman, (a) that under the law or existing administrative practice there is an adequate remedy for the complainant, whether or not the complainant has availed himself, herself or itself of it; or (b) that, having regard to all the circumstances of the case, any further investigation is unnecessary, the Ombudsman may in his or her discretion refuse to investigate the matter further. R.S.O. 1990, c. O.6, s. 17 (1). Idem (2) Without limiting the generality of the powers conferred on the Ombudsman by this Act, the Ombudsman may in his or her discretion decide not to investigate, or, as the case may require, not to further investigate, any complaint if it relates to any decision, recommendation, act or omission of which the complainant has had knowledge for more than twelve months before the complaint is received by the Ombudsman, or, if in his or her opinion, (a) the subject-matter of the complaint is trivial; (b) the complaint is frivolous or vexatious or is not made in good faith; or (c) the complainant has not a sufficient personal interest in the subject-matter of the complaint. R.S.O. 1990, c. O.6, s. 17 (2). Complainant to be informed (3) In any case where the Ombudsman decides not to investigate or further investigate a complaint, the Ombudsman shall inform the complainant in writing of that decision, and may if he or she thinks fit state the reasons therefor. R.S.O. 1990, c. O.6, s. 17 (3).
18.1 (1) Despite any other Act, any meeting or part of a meeting held by the governing body or senate of a university or the executive committee of the governing body or senate, or by any governmental organization prescribed under subsection (2), shall be closed to the public if the subject matter being considered is an ongoing investigation under this Act respecting the university or governmental organization, as the case may be. 2014, c. 13, Sched. 9, s. 10. Regulations (2) The Lieutenant Governor in Council may make regulations prescribing governmental organizations for the purposes of subsection (1). 2014, c. 13, Sched. 9, s. 10. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 9, s. 10 - 01/01/2016
20 (1) Where the Attorney General certifies that the giving of any information or the answering of any question or the production of any document or thing, (a) might interfere with or impede investigation or detection of offences; (b) might involve the disclosure of the deliberations of the Executive Council; or (c) might involve the disclosure of proceedings of the Executive Council or of any committee of the Executive Council, relating to matters of a secret or confidential nature, and would be injurious to the public interest, the Ombudsman shall not require the information or answer to be given or, as the case may be, the document or thing to be produced. R.S.O. 1990, c. O.6, s. 20 (1). Idem (2) Subject to subsection (1), the rule of law which authorizes or requires the withholding of any document, or the refusal to answer any question, on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest does not apply in respect of any investigation by or proceedings before the Ombudsman. R.S.O. 1990, c. O.6, s. 20 (2).
22 (1) Where, on any investigation following a complaint, the Ombudsman makes a recommendation under subsection 21 (3), and no action which seems to the Ombudsman to be adequate and appropriate is taken thereon within a reasonable time, the Ombudsman shall inform the complainant of his or her recommendation, and may make such comments on the matter as he or she thinks fit. R.S.O. 1990, c. O.6, s. 22 (1). Idem (2) The Ombudsman shall in any case inform the complainant, in such manner and at such time as he or she thinks proper, of the result of the investigation. R.S.O. 1990, c. O.6, s. 22 (2).
23 No proceeding of the Ombudsman shall be held bad for want of form, and, except on the ground of lack of jurisdiction, no proceeding or decision of the Ombudsman is liable to be challenged, reviewed, quashed or called in question in any court. R.S.O. 1990, c. O.6, s. 23.
24 (1) No proceedings lie against the Ombudsman, or against any person holding any office or appointment under the Ombudsman, for anything he or she may do or report or say in the course of the exercise or intended exercise of his or her functions under this Act, unless it is shown that he or she acted in bad faith. R.S.O. 1990, c. O.6, s. 24 (1). Idem (2) The Ombudsman, and any such person as aforesaid, shall not be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions under this Act. R.S.O. 1990, c. O.6, s. 24 (2). Idem (3) Anything said or any information supplied or any document or thing produced by any person in the course of any inquiry by or proceedings before the Ombudsman under this Act is privileged in the same manner as if the inquiry or proceedings were proceedings in a court. R.S.O. 1990, c. O.6, s. 24 (3).
25 (1) For the purposes of this Act, the Ombudsman may at any time enter upon any premises occupied by any public sector body and inspect the premises and carry out therein any investigation within his or her jurisdiction. R.S.O. 1990, c. O.6, s. 25 (1); 2014, c. 13, Sched. 9, s. 13 (1). Notice of entry (2) Before entering any premises under this section, the Ombudsman shall, (a) notify the head of the public sector body; and (b) provide the head a reasonable opportunity to give reasons why entry to the premises is not appropriate. 2014, c. 13, Sched. 9, s. 13 (2). Private dwellings (2.1) Despite subsection (1), the Ombudsman shall not enter a place that is being used as a dwelling, except with the consent of the occupier or under the authority of a warrant issued under subsection (2.2). 2014, c. 13, Sched. 9, s. 13 (3). Warrant (2.2) A justice of the peace may issue a warrant authorizing a person to enter a place being used as a dwelling if the justice of the peace is satisfied, on evidence under oath or affirmation, that there are reasonable grounds to believe that it is necessary to enter the place in order to carry out an investigation under this Act. 2014, c. 13, Sched. 9, s. 13 (3). Same (2.3) Any entry under the warrant shall be made at such reasonable times as may be specified in the warrant. 2014, c. 13, Sched. 9, s. 13 (3). Notice to desist (3) The Attorney General may by notice to the Ombudsman exclude the application of subsection (1) to any specified premises or class of premises if he or she is satisfied that the exercise of the powers mentioned in subsection (1) might be prejudicial to the public interest. R.S.O. 1990, c. O.6, s. 25 (3). Order of judge (4) Where a notice is given under subsection (3) and in the opinion of the Ombudsman it is necessary to take an action apparently prevented by the notice, the Ombudsman may apply to a judge of the Superior Court of Justice for an order setting aside the notice in respect of such action and, where the judge is satisfied that such action would not be prejudicial to the public interest, he or she may make the order. R.S.O. 1990, c. O.6, s. 25 (4); 2006, c. 19, Sched. C, s. 1 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 - 22/06/2006 2014, c. 13, Sched. 9, s. 13 (1-3) - 01/09/2015
26 (1) The Ombudsman may in writing delegate to any person holding any office under him or her any of the Ombudsman’s powers under this Act except the power of delegation under this section and the power to make a report under this Act. R.S.O. 1990, c. O.6, s. 26 (1). Delegation is revocable (2) Every delegation under this section is revocable at will and no such delegation prevents the exercise by the Ombudsman of any power so delegated. R.S.O. 1990, c. O.6, s. 26 (2). Restrictions and conditions (3) Every such delegation may be made subject to such restrictions and conditions as the Ombudsman thinks fit. R.S.O. 1990, c. O.6, s. 26 (3). Continuing effect of delegation (4) In the event that the Ombudsman by whom any such delegation is made ceases to hold office, the delegation continues in effect so long as the delegate continues in office or until revoked by a succeeding Ombudsman. R.S.O. 1990, c. O.6, s. 26 (4). Evidence of obligation (5) Any person purporting to exercise any power of the Ombudsman by virtue of a delegation under this section shall, when required so to do, produce evidence of his or her authority to exercise the power. R.S.O. 1990, c. O.6, s. 26 (5).
27 Every person who, (a) without lawful justification or excuse, wilfully obstructs, hinders or resists the Ombudsman or any other person in the performance of his or her functions under this Act; or (b) without lawful justification or excuse, refuses or wilfully fails to comply with any lawful requirement of the Ombudsman or any other person under this Act; or (c) wilfully makes any false statement to or misleads or attempts to mislead the Ombudsman or any other person in the exercise of his or her functions under this Act, is guilty of an offence and liable on conviction to a fine of not more than $500 or to imprisonment for a term of not more than three months, or to both. R.S.O. 1990, c. O.6, s. 27.
28 The provisions of this Act are in addition to the provisions of any other Act or rule of law under which any remedy or right of appeal or objection is provided for any person, or any procedure is provided for the inquiry into or investigation of any matter, and nothing in this Act limits or affects any such remedy or right of appeal or objection or procedure. R.S.O. 1990, c. O.6, s. 28.
29 Nothing in this Act adversely affects the rights and privileges guaranteed by section 93 of the Constitution Act, 1867 and section 23 of the Canadian Charter of Rights and Freedoms, and the Ombudsman shall exercise his or her authority under this Act with respect to school boards in a manner that is consistent with and respectful of those rights and privileges. 2014, c. 13, Sched. 9, s. 14. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 9, s. 14 - 01/09/2015
30 In exercising his or her authority under this Act with respect to universities, the Ombudsman shall consider the application of the principles of academic freedom within universities. 2014, c. 13, Sched. 9, s. 15. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 9, s. 15 - 01/01/2016
30.1 The Lieutenant Governor in Council may make regulations providing for any matters necessary or advisable to assist the Ombudsman in carrying out his or her functions under subsections 14 (1.1) and (1.3). 2018, c. 17, Sched. 28, s. 12. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 28, s. 12 - 01/05/2019
30.2 (1) No cause of action arises, no proceeding may be brought and no remedy is available or damages, costs or compensation payable in connection with any amendment made by Schedule 28 to the Restoring Trust, Transparency and Accountability Act, 2018 to this Act or anything done or not done in accordance with those amendments. 2018, c. 17, Sched. 28, s. 13. Same (2) Subsection (1) applies whether the cause of action on which a proceeding is based arose before or after the day that subsection comes into force. 2018, c. 17, Sched. 28, s. 13. Proceedings set aside (3) Any proceeding referred to in subsection (1) commenced before the day that subsection comes into force is deemed to have been dismissed, without costs, on that day. 2018, c. 17, Sched. 28, s. 13. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 28, s. 13 - 06/12/2018
31 (1) The Lieutenant Governor in Council may make regulations providing for transitional matters as the Lieutenant Governor in Council considers necessary or advisable to, (a) facilitate the implementation of amendments to this Act made by Schedule 9 to the Public Sector and MPP Accountability and Transparency Act, 2014; and (b) deal with any problems or issues arising as a result of the repeal, amendment, enactment or re-enactment of a provision of this Act by Schedule 9 to the Public Sector and MPP Accountability and Transparency Act, 2014. 2014, c. 13, Sched. 9, s. 16. Same (2) The Lieutenant Governor in Council may make regulations providing for transitional matters arising from the enactment of Schedule 28 to the Restoring Trust, Transparency and Accountability Act, 2018. 2018, c. 17, Sched. 28, s. 14. Conflicts (3) If there is a conflict between a regulation made under this section and a provision of this or any other Act or a provision of another regulation made under this or any other Act, the regulation made under this section prevails. 2018, c. 17, Sched. 28, s. 14. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 9, s. 16 - 01/09/2015 2018, c. 17, Sched. 28, s. 14 - 06/12/2018