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R.R.O. 1990, Reg. 865: GENERAL RULES

under Ombudsman Act, R.S.O. 1990, c. O.6

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current December 31, 1990 (e-Laws currency date)

Ombudsman Act
Loi sur l’ombudsman

R.R.O. 1990, REGULATION 865


Consolidation Period: From December 31, 1990 to the e-Laws currency date.

No amendments.

This Regulation is made in English only.

1. The Ombudsman shall, no later than three months after the end of the Ombudsman’s reporting period, table his or her Annual or Semi-Annual Report, as the case may be, with the Speaker of the Legislative Assembly. R.R.O. 1990, Reg. 865, s. 1.

2. The Ombudsman and his or her staff shall not, except where permitted by the Act in carrying out functions thereunder, disclose to any third party any information received by the Ombudsman or his or her staff while carrying out any of the functions of the Ombudsman under the Act. R.R.O. 1990, Reg. 865, s. 2.

3. A member of the Ombudsman’s staff carrying out Ombudsman functions under the Act, shall not express to anyone, other than to the Ombudsman or to his or her authorized delegate, his or her opinion, recommendation or other similar comments respecting the decision, recommendation, act or omission purported to have been committed by or on behalf of the governmental organization in question or respecting anything else arising out of the investigation of the complaint by the Ombudsman and the Ombudsman’s staff. R.R.O. 1990, Reg. 865, s. 3.

4. (1) Preliminary investigations by the Ombudsman’s office shall be limited to cases wherein further information is required by the Ombudsman or any member of his or her staff either to confirm a complaint or wherein immediate assistance of a complainant is required and the circumstances of the complaint make the immediate implementation of the procedural requirements of the Act impossible. R.R.O. 1990, Reg. 865, s. 4 (1).

(2) Once the substance of the complaint has been confirmed by the Ombudsman or his or her staff or where the immediate disposition of the complaint is neither possible nor advisable, the requirements of the Act must be followed. R.R.O. 1990, Reg. 865, s. 4 (2).

5. Where at any time during the course of an investigation it appears to the Ombudsman that there may be sufficient grounds for formulating opinions under subsections 21 (1) and (2) of the Act or for making any recommendations under subsection 21 (3) of the Act, which has the effect of altering, opposing or causing the original decision, recommendation, act or omission to be changed in any way, the Ombudsman shall give the governmental organization and any person who is identified or is capable of being identified as having made or committed or caused to be made or committed, as the case may be, the decision, recommendation, act or omission, an opportunity to make representations respecting the adverse report or recommendations either personally or by counsel. R.R.O. 1990, Reg. 865, s. 5.

6. All reports of the Ombudsman made to governmental organizations in accordance with section 21 of the Act shall contain opinions in the wording of subsection 21 (1) and recommendations within the wording of subsection 21 (3). R.R.O. 1990, Reg. 865, s. 6.

7. In all cases where the Ombudsman has concluded that a response by a governmental organization to a report made by the Ombudsman under subsection 21 (3) of the Act is neither adequate nor appropriate, and where the Ombudsman wishes ultimately, if the matter cannot be resolved, to seek support for his or her recommendation in the Legislature, the report under subsection 21 (3) shall be referred to the Premier before it is referred to the Legislature. R.R.O. 1990, Reg. 865, s. 7.

(Note: See Votes and Proceedings of the Legislative Assembly No. 99, dated Thursday, November 22nd, 1979, received and adopted by the House on that date for the source of this Regulation.)