Bill 200 — Third Session, 17Th Legislat~R Elizabeth Ii T " the Legislative Assembly of Albeirr1.R Bill 200 An Act To Amend the Ombudsman Act (Legislature 17, Session 3)

L17 S3 5348

Alberta — Bills

1974 Bill 200 Third Session, 17th Legislat~R Elizabeth II T " THE LEGISLATIVE ASSEMBLY OF ALBEIrr1.r BILL 200

An Act to Amend The Ombudsman Act MR. LUDWIG First Reading .' ............................. . Second Reading ............................. . Third Reading .................. , ........ ,., Printed by L. S. WALL., Queen's Printer for the Province of Alberta, EDMONTON

Bill 200 Mr. Ludwig BILL 200 1974

AN ACT TO AMEND THE OMBUDSMAN ACT (Assented to , 197J,.) 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 clause: (a1) "council" includes, as the case may be, 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) "municipaHty" means a city, town, village, summer village, municipal district, county or sc4oo1 board; (f) "municipal agency" means an agency of a muni cipality.

Section 11 is amended by striking 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, jncluding 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 depart ment or agency, or by any officer, employee or mem ber thereof in the exercise of any power or function conferred on him by any enactment, and (

b) any decis'ion 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, in or by any municipality or municipal agency, or by any officer, employee, or member thereof in the exercise of any power or function conferred on him by any enactment, by-law or resolution.

Section 12, subsection (1) is amended by striking out clause (

b) and by substituting therefor the following: (

b) any decis'ion, 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), inform the mayor or the administrative head of the municipality, 'Or the ad ministrative head of the municipal agency, 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 investigation consult (

a) in respect of those matters referred to in

section 11, subsection (1), clause (

a) any Minister who is con cerned -in the matter of ,the investigation, and (

b) in respect of those matters referred to in

section 10, subsection (1), clause. (

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

(8) On the request of (

a) any Minister in relation to an investigation or in any case where an investigation relates to any re commendations made to a Minister, and (

b) any mayor in relation to an investigation or in any case where an investigation relates to any reconl- mendation made to a mayor, . t~e Ombudsman shall consult that Minis,ter or mayor, as the case may be, after making the investigation and before 2

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 Ombudsman is of opinion thatthere 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 administrative head of the agency, as the case may be, and (

b) any officer or employee of any municipality, or municipal agency, he shall refer the matter to the mayor of the municipality or the administrative head of the municipal agency, as the case may be.

Section 17 is amended (

a) as to subsection (1) by striking out the words "department or agency" wherever they occur and by substituting therefor the words "department, agency, municipality or municipal agency", (

b) by striking out subsection (1.1) and by substituting therefor the following: (c)

(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 his investi gation but, upon the request (

a) of the deputy minister of the department or the administrative head of the agency, or (

b) the mayor or administrative head of the municipality or the administrative head of the municipal agency, as the case may be, the Ombudsman shall return the document, 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 sec tion. as to subsection (2), clause (

a) by striking mtt the words "department or agency" and by substituting therefor the words "department, agency, municipal ity or municipal agency". ('

I) Section 20 is amended fa) by striking out subsection (3) and by substituting therefor the following: 3

(3) If, where this

section applies, the Ombuds man is of opinion (

a) that the matter should be referred to the appropriate authority for further con sideration, or (

b) that the omission should be rectified, or (

c) that the decision should be cancelled or varied, or (

d) that any practice on which the decision, recommendation, act or omission was based should be altered, or (

e) that any law on which the decision, recom mendation, act or omission was based should be reconsidered, or (

f) that reasons should have been given for the decision, or (

g) that any other steps should be taken, the Ombudsman shall report his opinion and his reasons therefor to the (

h) appropriate Minister and to the depart ment or agency concerned, or (

i) the mayor and the administrative head of the municipality or municipal a.gency concerned, and may make such recomnlendations as he thinks f.it and in that case he may request the department, agency, municipality or nlunicipal agency, as the case may be, to notify him within a specified time of the steps, if any, that it proposes to take to give effect to his recommendations. (

b) by striking out subsection (4.) and by substituting therefor the following:

(4) 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 discretion, after considering the comments, if any, niade by or on behalf of (

a) the municipality or municipal agency affected, may send a copy of the report and recommendations to the nlayor and council of the municipality, and (

b) thc departmcnt, ng-ency, 11ltlJ1icipality 01' municipal agency affected, may send a copy of the report and recommendations to the Lieutenant Governor in Council and may thereafter make such report to the Legislature on the matter as he thinks fit. (

c) as to subsection (5) by st'r'lking out the words "de partment or agency" and by substituting thm'e!or the words Hdepartment, agency, municipality or municipal agency". 4

(8) Section 24 is amended (

a) as to subsection (1), by striking out the words "de partment or agency" and by substituting there!01'" the w01'ds "department, agency, municipality or municipal agency", (

b) by striking out subsection (2) and by substituting the1'e!or 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 words It, department, agency, municipality or municipal agency", (

b) by striking out subsection (8) 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 em~ ployee of the municipality, or (

d) any municipal agency or any member or employee of a municipal agency, or (

e) any other person or group of persons, unless prior to making the report to the Legislature or municipal council or publishing the report pursuant to 'subsection (2), as the case may be, the Ombudsman had given that department, agency, municipality, municipal agency, officer, member, employee, person or group of persons an opportun ity 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. This Act comes into force on the day upon which it is assented to. 5 Title: 1974 (17th, 3rd) Bill 200,

An Act to Amend The Ombudsman Act

Document details

Collection	Alberta — Bills
Citation	L17 S3 5348
Type	bill
Volume / chapter	L17 S3 5348
Language	en
Format	json
Source	PROVINCIAL
Identifier	dfa8a55c4118a8032aa40c008d1b31e106083f4c

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