1983 BILL 217 First Session, 20th Legislature, 32 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 217

AN ACT TO AMEND THE OMBUDSMAN ACT MR. LEE First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 217 Mr. Lee BILL 217 1983

AN ACT TO AMEND THE OMBUDSMAN ACT (Assented to , 1983) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: / The Ombudsman Act is amended by this Act. 2

Section 1 is amended, by adding the following after clause (c): (c.l) "municipal agency" means an agency of a municipality that carries out any function of public administration excluding medical treatment or health facilities, educational services and law enforcement; (c.2) "participadng municipality" means a city whose council has passed a resolution determining that the Ombudsman shall have jurisdicdon with respect to the administration of the City and its municipal agencies pursuant to this Act. 3

Section 11 is amended (

a) in subsection (1) by adding "or by any participating munic­ ipality or any administrative division or municipal agency of it" after "by any department or agency", and (

b) by adding the following subsection at the end of it:

(7) Without limidng subsection (1) the council of a partic­ ipating municipality may at any time by resolution 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 by the council, inves­ tigate the matter so referred to him insofar as it is within his jurisdiction, and (

b) make such report to the council as he thinks fit, but nothing in sections 14, 20, or 21 applies in respect of any investigation or report made under this subsecdon. 1

Explanatory Notes 1 This Bill will amend

chapter 0-7 of the Revised Statutes of Alberta 1980. 2 New

definitions. 3 Jurisdicdon expanded to municipalities that elect to participate. (

a) Secdon 11(1) presently reads: //(/) It is the function and duty of the Ombudsman to investigate any decision or recommendation made, including any recommen­ dation made to a Minister, 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 any department or agency, or by any officer, employee or member thereof in the exer­ cise of any power or function conferred on him by any enactment. (

b) Referral of matter to Ombudsman by council.

Section 15 is amended (

a) in subsection (1) by adding "or the council of the partici­ pating municipality" after "agency", (

b) in subsection (2) by adding "or the council of a participating municipality" after "Minister", (

c) in subsection (3) by adding ' 'or the council of a participating municipality" after "Minister" wherever it occurs, and (

d) in subsection (4) by adding ' 'or the council of a participating municipality or the administrative head of the agency of it" after "administrative head of the agency".

Section 17 is amended (

a) in subsection (2) (

i) by adding "or the council of the participating munici­ pality or the administrative head of the agency of it" after "administrative head of the agency, and (ii) by adding , municipality" after "to the department", and (

b) in subsection (3) by deleting "department or agency" and substituting "department, agency, participating municipality or agency of d". 6

Section 20 is amended (

a) in subsection (3) by adding ", participadng municipality or municipal agency" after "department or agency", wherever it occurs, and (

b) in subsection (4) by adding at the end of it: "or, where the report concemed a participating municipality or a municipal agency the Ombudsman may send a copy of the report and recommendations to the Minister of Municipal Affairs", and

4 Amends secdon 15 to include reference to participating municipalities and agencies of them

Section 15 presently reads 15(1) Before investigating any matter under this Act, the Ombudsman shall inform the deputy minister of the department or the administrative head of the agency affected, 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 consuh any Minister who is concerned in the matter of the investigation.

(3) On the request of any Minister in relation to an investigation or in any case where an investigation relates to any recommendation made to a Minister, the Ombudsman shall consuh that Minister after making the investigation and before forming a final opinion on any of the matters referred to in

section 20(1) or (2).

(4) If, during or after an investigation, the Ombudsman is of the opinion that there is evidence of any breach of duty or misconduct on the part of 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. 5

Section 17(2) and (3) presently read

(2) When the Ombudsman requires the production of a document, paper or thing under subsection (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 investigation but, upon the request of the deputy minister of the department or the administrative head of the agency, the Ombudsman shall return the document, paper or thing to the department or 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.

(3) The Ombudsman may summon before him and examine on oath (

a) any person who is an officer or employee or member of any department or agency and who in the Ombudsman's opinion is able to give any information mentioned in subsection (1), 6 Amends

section 20 to include a reference to paraticipating municipalities and municipal agencies.

Section 20 presently reads in

part 20(3) If, when this

section applies, the Ombudsman is of the opinion (

a) that the matter should be referred to the appropriate authority for further consideration, (

b) that the omission should be rectified, (

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

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

(

c) in subsection (5) by adding ", participating municipality or municipal agency" after "agency". 7

Section 25 is amended (

a) in subsection (1) by adding "participadng municipality or agency of it" after "agency", and (

b) in subsection (2) by adding "or the council of the partici­ pating municipality or the administrative head of the municipal agency" before "that occupies the premises". 8 Subsection 27 is amended (

a) in subsection (2) by adding "or participating municipality or agency of d" after "agency", (

b) in subsection (3) (

i) by adding the following after clause (b): (b.

l) any participating municipality or agency of it or any officer or employee of the municipality or agency, or", and (ii) by adding "participadng Municipality," after "the Ombudsman had given that agency,", and

(

e) that any law on which the decision, recommendation, act or omission was based should be considered, (

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 for it to the appropriate Minister and to the department or agency concerned, and may make any recommendations he thinks fit and in that case he may request the department or agency to notify him within a specified time of the steps, if any, that it proposes to take to give effect to his rec­ ommendations.

(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, made by or on behalf of the department or agency affected, may send a copy of the report and recommendations to the Lieutenant Governor in Council and may thereafter make any report to the Legislature on the matter that he thinks fit.

(5) The Ombudsman shall attach to every report sent or made under subsection (4) a copy of any comments made by or on behalf of the department or agency concerned. 7 Amends

section 25 to reflect the involvement of participating muni­ cipalities.

Section 25 presently reads 25(1) For the purposes of this Act, the Ombudsman may at any time enter on any premises occupied by any department or agency and inspect the premises and, subject to sections 17 and 18, carry out in those premises any investigation that is within his jurisdiction.

(2) Before entering on any premises pursuant to subsection (1), the Ombudsman shall notify the deputy minister of the department or, as the case may require, the administrative head of the agency that occupies the premises of his intention to do so. 8

Section 27 presently reads in part

(2) The Ombudsman may, from time to time, in the public interest or in the interests of any person or department or agency publish reports relating (

a) generally to the exercise of his functions under this Act, or (

b) to any particular case investigateds by him, whether or not the matters to be deah with in any such report have been the subject of a report to the Legislature.

(3) The Ombudsman shall not, in a report made under this section, express any opinion or make any comment that is adverse to

(

c) by adding the following at the end of it: (4) the Ombudsman shall send a copy of any report made pursuant to subsecdon (1) to every participadng municipality. 9 This Act comes into force on a date to be fixed by Proclamation,

(

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

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

c) any other person or group of persons. unless prior to making the report to the Legislature or publishing the report pursuant to subsection (2), as the case may be, the Ombudsman has given that department, 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. 9 Coming into force. Title: 1983 (20th, 1st) Bill 217,

An Act to Amend the Ombudsman Act