Seniors' Ombudsman Act, 2008 Sergio, Mario — Bill 102 (39th Parliament, 1st Session)

Bill 102, 39-1

Ontario — Bills

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Bill 102, Seniors' Ombudsman Act, 2008

Sergio, Mario

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[39] Bill 102 Original (PDF)

Bill 102 2008

An Act to

establish the Seniors' Ombudsman

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In

this Act,

"public

body" means a provincial public body and includes a Ministry, commission,

board, health care facility or any administrative unit or agency of the Government

of Ontario; ("organisme public")

"senior" means a resident of Ontario who is at least 65 years old.

("personne âgée")

Purpose

2. The

purpose of this Act is to create the office of Seniors' Ombudsman to

investigate complaints and make recommendations respecting the impact on

seniors of the administration of public bodies in Ontario.

Seniors' Ombudsman

(1) There

shall be appointed, as an officer of the Legislature, a Seniors' Ombudsman to

exercise the powers and perform the duties set out in this Act.

Guiding principles

(2) In exercising the powers and performing the duties set

out in this Act, the Seniors' Ombudsman shall be guided by principles that

affirm the dignity and independence of all seniors, regardless of their income,

including the following:

1. Seniors are entitled, to the

fullest extent that their health and capacity permit, to exercise freedom of

choice, independence and initiative in planning and managing their lives.

2. Seniors are entitled to

services and programs, including community based long-term care services, that

are accessible, culturally and linguistically sensitive, affordable and

flexible.

3. Community based long-term

care services should support the independence of seniors and assist them, in

appropriate circumstances,

i. to

remain in their communities and in their homes as they age, and

ii. to

move between various forms of long-term care with minimal disruption and maximum

attention to quality of life.

4. Seniors

are entitled to protection against abuse, neglect and exploitation.

Appointment

4. The

Seniors' Ombudsman shall be appointed by the Lieutenant Governor in Council on

the address of the Assembly.

Annual report

5. The

Seniors' Ombudsman shall report annually upon the affairs of the Seniors' Ombudsman's

office to the Speaker of the Assembly who shall table the report in the

Assembly if it is in session or, if not, at the next session.

Oath of office and secrecy

(1) Before

beginning the duties of his or her office, the Seniors' Ombudsman shall take an

oath, to be administered by the Speaker of the Assembly, that he or she will

faithfully and impartially exercise the functions of his or her office and that

he or she will not, except in accordance with subsection (2), disclose any

information received in that capacity.

Disclosure

(2) The Seniors' Ombudsman may disclose in a report made

under this Act matters that, in his or her opinion, should be disclosed in

order to establish grounds for conclusions and recommendations in the report.

Application of Act

7. This

Act does not apply,

(

a) to

judges or to the functions of a court; or

(

b) to

deliberations and proceedings of the Executive Council or its committees.

Investigations

(1) The

Seniors' Ombudsman may, on a written complaint or on his or her own initiative,

investigate a decision or recommendation made, or

an act done or omitted,

relating to a matter of administration in or by a public body, or by an

officer, employee or member thereof, whereby a senior is or may be aggrieved.

Powers paramount

(2) The powers conferred on the Seniors' Ombudsman by this

Act may be exercised despite any provision in any Act to the effect that a

decision, recommendation, act or omission referred to in subsection (1) is

final.

Decisions not reviewable

(3) Nothing in this Act empowers the Seniors' Ombudsman to

investigate,

(

a) a

decision, recommendation, act or omission in respect of which there is, under

any Act, a right of appeal or objection, or a right to apply for a hearing or

review on the merits of the case to any court or to any tribunal constituted

under any Act, until that right has been exercised in the particular case, or

until after any time for its exercise has expired; or

(

b) a

decision, recommendation, act or omission of any person acting as legal adviser

or counsel to the Crown.

Application to Divisional Court to determine jurisdiction

(4) If a question arises about the Seniors' Ombudsman's

jurisdiction to investigate a case or class of cases under this Act, the

Seniors' Ombudsman may apply to the Divisional Court for a declaratory order

determining the question.

Mode of complaint

(1) Every

complaint to the Seniors' Ombudsman shall be made in writing.

To be forwarded

(2) Despite any Act, if a letter addressed to the Seniors'

Ombudsman is written by a senior who resides in a prescribed institution, the

letter shall be immediately forwarded, unopened, to the Seniors' Ombudsman by

the person in charge of the institution.

Seniors' Ombudsman may refuse to investigate complaint

(1) The

Seniors' Ombudsman may refuse to investigate a matter further if, in the course

of the investigation of a complaint, it appears to him or her that,

(

a) under

the law or existing administrative practice there is an adequate remedy for the

complainant; or

(

b) having

regard to all the circumstances of the case, further investigation is

unnecessary.

Same

(2) The Seniors' Ombudsman may decide not to investigate

or not to further investigate any complaint if, in his or her opinion,

(

a) the

complaint relates to any decision, recommendation, act or omission of which the

complainant has had knowledge for more than 12 months before the complaint is

received by the Seniors' Ombudsman;

(

b) the

subject matter of the complaint is trivial;

(

c) the

complaint is frivolous or vexatious or is not made in good faith; or

(

d) the

complainant does not have a sufficient personal interest in the subject matter

of the complaint.

Complainant to be informed

(3) The Seniors' Ombudsman shall inform the complainant in

writing of a decision not to investigate or further investigate a complaint and

may provide reasons.

Proceedings of Seniors' Ombudsman

(1) Before

investigating any matter, the Seniors' Ombudsman shall inform the head of the

public body of his or her intention to investigate.

Investigation to be in private

(2) Every investigation by the Seniors' Ombudsman under

this Act shall be conducted in private.

May hold hearing

(3) Subject to subsection (4), the Seniors' Ombudsman is

not required to hold a hearing but may hear or obtain information from persons

and may make inquiries as he or she thinks fit.

Where hearing necessary

(4) If at any time during the course of an investigation,

it appears to the Seniors' Ombudsman that there may be sufficient grounds to

make any report or recommendation that may adversely affect a public body, he

or she shall give to the public body an opportunity to make representations

respecting the adverse report or recommendation, either personally or by counsel.

Evidence

(1) If

an officer, employee or member of a public body is, in the opinion of the

Seniors' Ombudsman, able to give information relating to a matter that is being

investigated, the Seniors' Ombudsman may require that person to,

(

a) provide

the information to him or her; and

(

b) produce

any documents or things which in the Seniors' Ombudsman's opinion relate to the

matter and which may be in the possession or under the control of that person.

Examination under oath

(2) The Seniors' Ombudsman may summon and examine on oath

any person who, in the opinion of the Seniors' Ombudsman, may have information

relating to the investigation, and for that purpose may administer an oath.

Secrecy

(3) Subject to subsection (5), no person who is bound by

any Act, other than the Public

Service of Ontario Act, 2006 , to maintain secrecy in relation to,

or not to disclose, any matter shall be required to supply any information to

or answer any question put by the Seniors' Ombudsman in relation to that

matter, or to produce to the Seniors' Ombudsman any document or thing relating

to it, if compliance with that requirement would be in breach of the obligation

of secrecy or non-disclosure.

Providing personal information despite privacy Acts

(4) A person who is subject to the Freedom of Information and Protection of Privacy Act

or the Personal Health

Information Protection Act, 2004 is not prevented by any thing in

those Acts from providing personal information to the Seniors' Ombudsman, when

the Seniors' Ombudsman requires the person to provide the information under

subsection (1) or (2).

Same

(5) With the previous consent in writing of any

complainant, the Seniors' Ombudsman may require any person to whom subsection

(3) applies to supply information or answer any question or produce any

document or thing relating only to the complainant, and it is the person's duty

to comply with that requirement.

Privileges

(6) Every person has the same privileges in relation to

giving information, answering questions, and producing documents and things as

witnesses have in a court.

Protection

(7) Except on the trial of any person for perjury in respect

of the person's sworn testimony, no statement made or answer given by that or

any other person in the course of any inquiry by or any proceedings before the

Seniors' Ombudsman is admissible in evidence against any person in any court or

at any inquiry or in any other proceedings, and no evidence in respect of

proceedings before the Seniors' Ombudsman shall be given against any person.

Right to object to answer

(8) Before a person gives a statement or answer in the

course of an inquiry or proceeding before the Seniors' Ombudsman, the Seniors'

Ombudsman shall inform the person of the right to object to answer any question

under

section 5 of the Canada

Evidence Act .

Prosecution

(9) No person is liable to prosecution for an offence

against any Act, other than this Act, because of complying with a requirement

of the Seniors' Ombudsman under this section.

Restriction on powers

13. The

Seniors' Ombudsman may not require the provision of information, the giving of

an answer or the production of a document or thing if the Attorney General

certifies that doing so,

(

a) might interfere with or impede the detection,

investigation or prosecution of an offence; or

(

b) might reveal the substance of deliberations of

the Executive Council or any of its Committees without authority to do so.

Procedure after investigation

(1) This

section applies whenever the Seniors' Ombudsman is of the opinion, after making

an investigation under this Act, that,

(

a) the

decision, recommendation, act or omission which was the subject matter of the

investigation,

(

i) appears

to have been contrary to law,

(ii) 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,

(iii) was

based wholly or partly on a mistake of law or fact, or

(iv) was

wrong;

(

b) the

decision, recommendation, act or omission involved the exercise of a

discretionary power for an improper purpose or on irrelevant grounds or on the

taking into account of irrelevant considerations; or

(

c) in

the case of a decision made in the exercise of any discretionary power, reasons

should have been given for the decision.

Seniors' Ombudsman's report and recommendations

(2) The Seniors' Ombudsman shall report his or her

opinion, with reasons, to the appropriate public body in the circumstanc

Document details

Collection	Ontario — Bills
Citation	Bill 102, 39-1
Type	bill
Volume / chapter	p39 s1 bill 102 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	cbe3ffa5e8e845168366919d12b9cf9e8e21a1fd

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