Bill 221 — Fourth Session, 17Th Legislature, 24 Elizabeth Ii ·The Legislative Asse1Ibly of Alberta Bill 221 An Act To Amend the O"Vlbudsnlan Act Ltir. Ludwig (Legislature 17, Session 4)

L17 S4 5444

Alberta — Bills

1974 Bill 221 Fourth Session, 17th Legislature, 24 Elizabeth II ·THE LEGISLATIVE ASSE1IBLY OF ALBERTA BILL 221

AN ACT TO AMEND THE O"vlBUDSNlAN ACT ltiR. LUDWIG First Reading ............................. . Second Reading Third Reading Printed by the Queen's Printer for the Province of Alberta. EDMONTON

Bill 221 lIlr. Ludwig BILL 221 1975

AN ACT TO AMEND THE OMBUDSMAN ACT (Assented to , 1975) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Ombudsman Act is hereby amended.

Section 2 is amended (

a) by adding after clause (

a) the following clmtse: (al) "council" includes, as the case may be, a muni cipal or county council or a school board; (

b) by adding after clause (

c) the following clauses: (d) "mayor" includes, as the case may be, the reeve of a municipal district, the reeve of a county or the chairman of a school board; (e) "municipality" means a city, town, village, summer village, mUIlicipal district, county or school board; (f) "municipal agency" means an agency of a municipality.

Section 11 is amended by strikinu out subsection (1) and by substituting the following therefor: 11.

(1) It is the function and duty of the Ombudsman to investigate (

a) any decision or recommendation made, including any recommendation made to a Minister, or any act done or omitted, relating to a matter of administra tion and affecting any person or body of persons in his or its personal capacity, in or by any department or agency or by any officer, employee or member thereof in the exercise of any power or function conferred on him by any enactment, and (

b) any decision or recommendation made, including any recommendation made, to a mayor, or any act done or omitted, relating to a matter of administra tion of the municipality and affecting any person

or body of persons in his or its personal capacity ill or by a~y municipality or municipal agency, o/by any offIcer, employee or menlber thereof in the ex~rcise 0'£ any power or function conferred on him by any enactment, by-law or resolution.

Section 12, subsection (1) is arnended by .~t1·iking out clause (

b) and by substituting therefor the following: (

b) any decision, recommendation, act or omission of any person (

i) acting as a solicitor to the Crown or acting as counsel for the Crown, or (ii) acting as a solicitor to a municipality or acting as counsel for the municipality, in relation to any proceedings.

Section 15 is struck out and the following is substituted therefor: 15$

(1) Before investigating any matter under this Act, the Ombudsman shall (

a) in respect of those matters referred to in

section 11, subsection (1), clause (

a) inform the deputy min ister of the department or the administrative head of the agency affected, as the case may be, and (

b) in respect of those matters referred to in

section 11, subsection (1), clause (b), infornl the mayor or the administrative head of the municipality, or the administrative head of the municipal agency affect ed, as the case may be, of his intention to make the investigation.

(2) The Ombudsman may, in his discretion, at any time during or after an in-yestigation consult (

a) in respect of those matters referred to in

section 11, subsection (1), clause (

a) any Minister who is concerned in the matter of the investigation, and (

b) in respect of those matters referred to in

section 11, subsection (1), clause (

b) any mayor who is con cerned in the matter of the investigation.

(3) On the request of (

a) any Minister in relation to an investigation or in any case where an investigation relates to any recom mendation made to a Minister, or (

b) any mayor or administrative head in relation to an investigation or in any case where an investiga tion relates to any recommendation nlade to a mayor or administrative head

the Ombudsman shall consult that Minister or mf:vor or ~dmin!str~tive head, as the case may be, after n1akfng- the Investigation and before forming a final opinion on any of the matters referred to in

section 20, subsection (1) or (2)_

(4) If, during or after an investigation, the Ombudsn~an is of opinion that there is evidence of any breach of duty or misconduct on the part of . . (

a) any officer or employee of any department or agency, he shall refer the matter to the deputy minister of the department or the administrativl? head of the agency, as the case may be, or (

b) any officer or employee of any municipality, or municipal agency, he shall refer the matter to the mayor of the municipality or the administ.~·atjve head of the municipal agency, as the case may be_ 6 _

Section 17 is amended (

a) as to subsection (1) by shiking out the 'lVO}-a.s "de partment 0:-:" agency" where'l)er ~hey OCC1l1' f.i1d b?, substituting therefor the l.v01-ds "department, agency, municipality or n1unicipal agency", (

b) by striking out subsection (1.1) and by substituting therefo1' the following:

(1.1) Where the Ombudsman requires the pro duction of a document, paper or thing under sub section (1), he may requIre it to be produced at a place designated by him and may require that it be left in his possession for the purposes of hi~ investigation but upon the request of the person by whom it was produced at the request of the Om budsman, the Ombudsman shall return the docu ment, paper or thing to that department, agency, municipality or municipal agency as quickly as possible, but not later than 48 hours after the receipt of the request, subject to his right to again require its production in accordance with this section. (

c) as to subsection (2), cla.use (

a) by striking out the words "department or agency" and by .c;ubstitutin,'J . therefor the words "department, agency, n-:unici pality or municipal agency".

Section 20 is amended (

a) by striking out subsection (3) an-d by substitllting therefor the following: (3) (

a) If, where this

section applie~) the Om budsman is of opinion

(b) (b) (

i) that the matter should be referred to the appropriate authority for further con sideration, or (ii) that the onlission should be rectified, or (iii) that the decision should be cancelled or varied, or (iv) that any practice on which th~ de~~sion, recommendation, act or omission was based should be altered, or (

v) that any law on which the decision, recom mendation, act or onlission was based should be reconsidered, or (vi) that reasons should have been given for the decision, or (vii) that any other steps should be taken, the Onlbudsman shall report his opinion and his reasons therefor to the appropriate :r.nnister and to the department .or agency concerned, or to the n;tayor and the administrative head of the municipality or municipal agency concerned, as the case may be. At the time of making his report as provided in clause (

a) of subsection (3) the Ombudsrr.an may make such recommendations as he thinks fit and in that case he may reqnest the depart ment, agency, municipality or municipal agency, as the case may be, to notify hinl \v1th in a specified tinle of the steps, if any, that it proposes to take to give effect to his recom mendations. by striking out subsection (4) and by substituting therefor the following:

(4) If within a reasonable time after the report is made 110 action is taken which seelns to the Om budsman to De adequate and appropriate, the Ombudsman in his discretion, (

a) after considering the commenb, if any, nlade by or on behalf of the department or agency affected may send a copy of the report and recommendations to the Lieutenant GOyerllOr in Council, and nlay thereafter make such re port to the Legislature on the lt1atte~' as he sees fit, or (

b) after considering the COm111ents, if ar:y, made by or on behalf of th.e nlunicipality 01' n~~lnicipal agency affected, may send a copy of the report and reconlmendatiolls to the maY01' and c()uncil of the municipality.

for t!~~ wo'rds "department, agency, municipality or munIcIpal agency".

Section 24- is amended (

a) as. to subsection (1), by st1iking out the 'words "department or agency" and by substituting there for the words -"department, agency, municipality or municipal agency" I (

b) by striking out subsection (2) a·nd by sUbstituting therefor the following:

(2) Before entering upon any premises pursuant to subsection (1), the Ombudsman shall notify (

a) the deputy minister of the department, or (

b) the administrative head of the agency, or (

c) the mayor ·or the administrative head of the municipality, or (

d) the administrative head of the municipal agency, as the case may be, that occupies the premises, of his intention to do so.

Section 26 is amended (

a) as to subsection (2) by striking out the words "or department or agency" and by substituting therefor the wo'rds ", department, agency, municipality or municipal agency". (

b) by striking out subsection (3) and by substituting therefor the following:

(3) The Ombudsman shall not, in any report made under this

section express any opinion or make any comment that is adverse to (

a) any department or any officer or employee of a department, or (

b) any agency or any member or employee of an agency, or (

c) any municipality or any officer or employee of the municipality, or (

d) any municipal agency or any member or em- ployee of a municipal agency, or (

e) any other person or group of persons, unless prior to making the report to the Legislature or publishing any report pursuant to subsection (2), as the case may be, the Ombudsnlan has given that department, agency, municipality, municipal agency, officer, member, employee, person or group of persons an opportunity to know the nature of the opinion or comment and to make representations to him in respect of it either personally or by counsel

10 .. A

section is added after

section 29 with the following word1,ng: 30. (1). Any council that desires that its municipality or any municipal agency over which it has authority be ex cluded from the provisions of this Act may file with the Ombudsman at any time prior to the expiry· of t,velve months from the commencement of this Act, a copy of a resolution passed by a maj ority of the members of the council to such effect and the sworn statement of the mayor of the council which shall state that the copy is a true copy and that the resolution was duly passed by the council and which shall state the date that it was so passed.

(2) Upon filing the documents provided for in sub section (1) the municipality or municipal agency stated in such -resolution to be desirous of being so excluded shall, effective from the date of such filing be excluded from the provisions of this Act.

(3) If any municipality or municipal agency has become excluded from the 'Jrovisions of this Act and wishes to be not so excluded it may by its responsible council file with the Ombudsman a resolution passed by a majority of such council to such effect and the sworn statement of the mayor of the council which shall state that the copy is a true copy and that the resolution was duly passed by the council and which shall state the date that it was so passed.

(4) Upon filing the documents provided for in sub section (3) the nlunicipality or municipal agency stated in such resolution to be desirous of being not so excluded shall. effective from the date of such filing be included in the provisions of this Act.

(5) Any person is entitled to be advised by the Ombuds man whether a municipality or municipal agency is at that time excluded from the provisions of this Act and, on pay ment of a fee not to exceed 50 cents for each municipality or municipal agency may inspect any documents filed by any council under the provisions of this section. 11. This Act comes into force on the dall upon which it is assented to. Title: 1975 (17th, 4th) Bill 221,

An Act to Amend The Ombudsman Act

Document details

Collection	Alberta — Bills
Citation	L17 S4 5444
Type	bill
Volume / chapter	L17 S4 5444
Language	en
Format	json
Source	PROVINCIAL
Identifier	35b2346a41f68117502d275d2105e9ea887e5178

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