18 (1) Before investigating any matter, the Ombudsman shall inform the head of the public sector body affected of his or her intention to make the investigation. R.S.O. 1990, c. O.6, s. 18 (1); 2014, c. 13, Sched. 9, s. 9 (1). Investigation to be in private (2) Every investigation by the Ombudsman under this Act shall be conducted in private. R.S.O. 1990, c. O.6, s. 18 (2). Where hearing necessary (3) The Ombudsman may hear or obtain information from such persons as he or she thinks fit, and may make such inquiries as he or she thinks fit and it is not necessary for the Ombudsman to hold any hearing and no person is entitled as of right to be heard by the Ombudsman, but, if at any time during the course of an investigation, it appears to the Ombudsman that there may be sufficient grounds for him or her to make any report or recommendation that may adversely affect any public sector body or person, the Ombudsman shall give to that public sector body or person an opportunity to make representations respecting the adverse report or recommendation, either personally or by counsel. R.S.O. 1990, c. O.6, s. 18 (3); 2014, c. 13, Sched. 9, s. 9 (2). Documents provided by Ombudsman (3.1) The following rules apply with respect to any documents provided by the Ombudsman to a public sector body or person under subsection (3) for the purposes of giving the public sector body or person an opportunity to make representations: 1. The documents shall be maintained by the public sector body or person in confidence and shall not be disclosed except as authorized by the Ombudsman. 2. Despite any recordkeeping or records retention requirements, rules or policies, whether established under an Act or otherwise, that apply to the public sector body or person, i. the public sector body or person shall return the documents to the Ombudsman on his or her request, and ii. no copy of any of the documents shall be retained by the public sector body or person. 2014, c. 13, Sched. 9, s. 9 (3). Prevails over FIPPA, MFIPPA (3.2) Subsection (3.1) prevails over the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act, as the case may be. 2014, c. 13, Sched. 9, s. 9 (3). May consult minister (4) The Ombudsman may in his or her discretion, at any time during or after any investigation respecting a governmental organization, consult any minister who is concerned in the matter of the investigation. R.S.O. 1990, c. O.6, s. 18 (4); 2014, c. 13, Sched. 9, s. 9 (4). Must consult minister (5) On the request of any minister in relation to any investigation respecting a governmental organization, or in any case where any investigation relates to any recommendation made to a minister, the Ombudsman shall consult that minister after making the investigation and before forming a final opinion on any of the matters referred to in subsection 21 (1) or (2). R.S.O. 1990, c. O.6, s. 18 (5); 2014, c. 13, Sched. 9, s. 9 (5). Consultation, municipal sector entities (5.1) Subsections (4) and (5) apply with necessary modifications to any investigation respecting a municipal sector entity, except that, (a) the reference to an investigation respecting a governmental organization shall be read as a reference to an investigation respecting a municipal sector entity; and (b) the reference to a minister shall be read as a reference to the municipality. 2014, c. 13, Sched. 9, s. 9 (6). Consultation, school boards (5.2) Subsections (4) and (5) apply with necessary modifications to any investigation respecting a school board, except that, (a) the reference to an investigation respecting a governmental organization shall be read as a reference to an investigation respecting a school board; and (b) the reference to a minister shall be read as a reference to the head for the school board under section 1.2. 2014, c. 13, Sched. 9, s. 9 (7). Consultation, universities (5.3) Subsections (4) and (5) apply with necessary modifications to any investigation respecting a university, except that, (a) the reference to an investigation respecting a governmental organization shall be read as a reference to an investigation respecting a university; and (b) the reference to a minister shall be read as a reference to the head for the university under section 1.3. 2014, c. 13, Sched. 9, s. 9 (8). Consultation, children’s services (5.4) Subsections (4) and (5) apply with necessary modifications to any investigation conducted under subsection 14 (1.1), except that, (a) the reference to an investigation respecting a governmental organization shall be read as a reference to an investigation respecting a children’s aid society, a residential licensee, or a person or entity that provides a service that is prescribed for the purposes of clause 14 (1.1) (c), as the case may be; and (b) the reference to a minister shall be read as a reference to the head of the society, the licensee, the person or the entity, as the case may be. 2018, c. 17, Sched. 28, s. 10. Breach of duty or misconduct (6) If, during or after an investigation, the Ombudsman is of opinion that there is evidence of a breach of duty or of misconduct on the part of any officer or employee of any public sector body, the Ombudsman may refer the matter to the appropriate authority. R.S.O. 1990, c. O.6, s. 18 (6); 2014, c. 13, Sched. 9, s. 9 (9). Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 9, s. 9 (1-5, 7, 9) - 01/09/2015; 2014, c. 13, Sched. 9, s. 9 (6, 8) - 01/01/2016 2018, c. 17, Sched. 28, s. 10 - 01/05/2019