Bill 201 — Fifth Session, 23Rd Legislature, 46 Elizabeth Ii the Legislative Assembly of Alberta Bill 201 Ombudsman Amendment Act, 1997 (Legislature 23, Session 5)

L23 S5 1101

Alberta — Bills

1997 BILL 201 Fifth Session, 23rd Legislature, 46 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 201 OMBUDSMAN AMENDMENT ACT, 1997 MR. YANKOWSKY First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 201 Mr. Yankowsky BILL 201 1997 OMBUDSMAN AMENDMENT ACT, 1997 (Assented to , 1997) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1(1) The Ombudsman Act is amended by this section.

(2) Section 11 is amended in subsections (3), (4) and (5) by adding " or

section 11.1(1)" after " su b section (1)" . 1

Explanatory Notes 1(1) Amends

chapter 0-7 of the Revised Statutes of Alberta, 1980.

(2) Section 11(3), (4) and (5) presently read:

(3) The powers and duties conferred on the Ombudsman by this Act may be exercised and performed notwithstanding any provision in any Act to the effect (

a) that any decision, recommendation, act or omission mentioned in subsection (1) is final, (

b) that no appeal lies in respect thereof, or (

c) that no proceeding or decision of the person or organization whose decision, recommendation, act or omission it is shall be challenged, reviewed, quashed or called in question.

(4) Without limiting subsection (1), any committee of the Legislative Assembly may at any time refer to the Ombudsman, for investigation and report by him, any petition that is before that committee for consideration or any matter to which the petition relates and, in that case, the Ombudsman shall, (

a) subject to any special directions of the committee, investigate the matter so referred to him so far as it is within his jurisdiction, and 1 Explanatory Notes

(3) The following is added after

section 11: The Law Society of Alberta 11.1(1) It is the function and duty of the Ombudsman to investigate any decision or recommendation made or any act done or omitted relating to a matter of administration and affecting any person or body of persons in his or its personal capacity in or by The Law Society of Alberta or by any officer, employee or agent thereof in the exercise of any power or function conferred on him by any enactment.

(2) The Ombudsman may only commence an investigation under subsection (1) upon receipt of a written complaint.

(3) The Ombudsman may only investigate a complaint under this

section when it relates to a complaint made to The Law Society of Alberta after the coming into force of this section.

(4) In sections 15, 17 and 20, "agency" includes The Law Society of Alberta. 2(1) The Legal Profession Act is amended by this section.

(2) Section 112 is amended by adding the following after subsection (4): (5) Subsection (4) does not apply to an investigation conducted under the Ombudsman Act. 2

(

b) make any report to the committee that he thinks fit, but nothing in

section 14, 20 or 21 applies in respect of any investigation or report made under this subsection.

(5) Without limiting subsection (1), a Minister may at any time by order refer any matter to the Ombudsman for investigation and report by him and, in that case, the Ombudsman may (

a) subject to any special directions of the Minister, investigate the matter so referred to him so far as it is within his jurisdiction, and (

b) make any report to the Minister that he thinks fit, but nothing in

section 14, 20 or 21 applies in respect of any investigation or report made under this subsection. 2(1) Amends

chapter L-9.1 of the Statutes of Alberta, 1990. 2 Explanatory Notes

3 This Act comes into force on Proclamation. 3

3 Explanatory Notes Title: 1997 (23rd, 5th) Bill 201, Ombudsman Amendment Act, 1997

Document details

Collection	Alberta — Bills
Citation	L23 S5 1101
Type	bill
Volume / chapter	L23 S5 1101
Language	en
Format	json
Source	PROVINCIAL
Identifier	99690afa683c5c1dbeed7c5279e66b106c99a5e5

Source file is stored in the law ingest library (json).