21 (1) This section applies in every case where, after making an investigation under this Act, the Ombudsman is of opinion that the decision, recommendation, act or omission which was the subject-matter of the investigation, (a) appears to have been contrary to law; (b) was unreasonable, unjust, oppressive, or improperly discriminatory, or was in accordance with a rule of law or a provision of any Act or a practice that is or may be unreasonable, unjust, oppressive, or improperly discriminatory; (c) was based wholly or partly on a mistake of law or fact; or (d) was wrong. R.S.O. 1990, c. O.6, s. 21 (1). Idem (2) This section also applies in any case where the Ombudsman is of opinion that in the making of the decision or recommendation, or in the doing or omission of the act, a discretionary power has been exercised for an improper purpose or on irrelevant grounds or on the taking into account of irrelevant considerations, or that, in the case of a decision made in the exercise of any discretionary power, reasons should have been given for the decision. R.S.O. 1990, c. O.6, s. 21 (2). Ombudsman’s report and recommendations (3) If in any case to which this section applies the Ombudsman is of opinion, (a) that the matter should be referred to the appropriate authority for further consideration; (b) that the omission should be rectified; (c) that the decision or recommendation should be cancelled or varied; (d) that any practice on which the decision, recommendation, act or omission was based should be altered; (e) that any law on which the decision, recommendation, act or omission was based should be reconsidered; (f) that reasons should have been given for the decision or recommendation; or (g) that any other steps should be taken, the Ombudsman shall report his or her opinion, and the reasons therefor, to the appropriate public sector body, and may make such recommendations as he or she thinks fit and the Ombudsman may request the public sector body to notify him or her, within a specified time, of the steps, if any, that it proposes to take to give effect to his or her recommendations. R.S.O. 1990, c. O.6, s. 21 (3); 2014, c. 13, Sched. 9, s. 12 (1). Same (3.1) In the case of an investigation respecting a governmental organization, the Ombudsman shall also send a copy of the report and recommendations to the appropriate minister. 2014, c. 13, Sched. 9, s. 12 (2). Same (3.2) In the case of an investigation respecting a local board or municipally-controlled corporation, the Ombudsman shall also send a copy of the report and recommendations to the municipality. 2014, c. 13, Sched. 9, s. 12 (3). Same (3.3) In the case of an investigation respecting a school board, the Ombudsman shall also send a copy of the report and recommendations to the head of the school board under section 1.2. 2014, c. 13, Sched. 9, s. 12 (4). Same (3.4) In the case of an investigation respecting a university, the Ombudsman shall also send a copy of the report and recommendations to the head of the university under section 1.3. 2014, c. 13, Sched. 9, s. 12 (5). Same (3.5) In the case of an investigation conducted under subsection 14 (1.1), the Ombudsman shall also send a copy of the report and recommendations to the head of the children’s aid society, the residential licensee or the person or entity that provides a service that is prescribed for the purposes of clause 14 (1.1) (c), as the case may be. 2018, c. 17, Sched. 28, s. 11. Where no appropriate action taken (4) In the case of a report respecting a governmental organization, if within a reasonable time after the report is made no action is taken which seems to the Ombudsman to be adequate and appropriate, the Ombudsman, in his or her discretion, after considering the comments, if any, made by or on behalf of any governmental organization affected, may send a copy of the report and recommendations to the Premier, and may thereafter make such report to the Assembly on the matter as he or she thinks fit. R.S.O. 1990, c. O.6, s. 21 (4); 2014, c. 13, Sched. 9, s. 12 (6). Idem (5) The Ombudsman shall attach to every report sent or made under subsection (4) a copy of any comments made by or on behalf of the governmental organization affected. R.S.O. 1990, c. O.6, s. 21 (5). Other reports may be made public (6) In the case of a report respecting a public sector body other than a governmental organization, the Ombudsman may, after making the report, publish the report or otherwise make it available to the public. 2014, c. 13, Sched. 9, s. 12 (7). Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 9, s. 12 (1, 2, 4, 6, 7) - 01/09/2015; 2014, c. 13, Sched. 9, s. 12 (3, 5) - 01/01/2016 2018, c. 17, Sched. 28, s. 11 - 01/05/2019