Acts and Regulations

O-5 - Ombud Act

Section 19.1
Disposition versions

Full text
Access to information
19.1(1)Notwithstanding any other Act or claim of privilege, and subject to subsection (3), the Ombud has a right to all information and documentation that is necessary to enable the Ombud to perform the duties and exercise the powers under this Act.
19.1(2)Subject subsection (3), if the Ombud requests a person to provide information relating to a matter being investigated by the Ombud and the Ombud is of the opinion that the person is able to provide the information, the person shall provide the information and produce any documents or papers that, in the opinion of the Ombud, relate to the matter and that may be in the possession or under the control of the person.
19.1(3)The Ombud does not have a right to the following information or documents:
(a) information or documents protected by a claim of solicitor-client privilege; and
(b) information or documents certified by the Attorney General as disclosing the following:
(i) the deliberations of the Executive Council; or
(ii) the proceedings of the Executive Council or a committee of the Executive Council.
19.1(4)Subject to subsection (3), a rule of law that authorizes or requires the following does not apply to an investigation by or proceeding before the Ombud:
(a) the withholding of a document, paper or thing on the ground that disclosure of the document, paper or thing would be injurious to the public interest; or
(b) the refusal to answer a question on the ground that answering the question would be injurious to the public interest.
2007, c.56, s.10; 2017, c.1, s.3
Access to information
19.1(1)Notwithstanding any other Act or claim of privilege, and subject to subsection (3), the Ombudsman has a right to all information and documentation that is necessary to enable the Ombudsman to perform the duties and exercise the powers under this Act.
19.1(2)Subject subsection (3), if the Ombudsman requests a person to provide information relating to a matter being investigated by the Ombudsman and the Ombudsman is of the opinion that the person is able to provide the information, the person shall provide the information and produce any documents or papers that, in the opinion of the Ombudsman, relate to the matter and that may be in the possession or under the control of the person.
19.1(3)The Ombudsman does not have a right to the following information or documents:
(a) information or documents protected by a claim of solicitor-client privilege; and
(b) information or documents certified by the Attorney General as disclosing the following:
(i) the deliberations of the Executive Council; or
(ii) the proceedings of the Executive Council or a committee of the Executive Council.
19.1(4)Subject to subsection (3), a rule of law that authorizes or requires the following does not apply to an investigation by or proceeding before the Ombudsman:
(a) the withholding of a document, paper or thing on the ground that disclosure of the document, paper or thing would be injurious to the public interest; or
(b) the refusal to answer a question on the ground that answering the question would be injurious to the public interest.
2007, c.56, s.10
Access to information
19.1(1)Notwithstanding any other Act or claim of privilege, and subject to subsection (3), the Ombudsman has a right to all information and documentation that is necessary to enable the Ombudsman to perform the duties and exercise the powers under this Act.
19.1(2)Subject subsection (3), if the Ombudsman requests a person to provide information relating to a matter being investigated by the Ombudsman and the Ombudsman is of the opinion that the person is able to provide the information, the person shall provide the information and produce any documents or papers that, in the opinion of the Ombudsman, relate to the matter and that may be in the possession or under the control of the person.
19.1(3)The Ombudsman does not have a right to the following information or documents:
(a) information or documents protected by a claim of solicitor-client privilege; and
(b) information or documents certified by the Attorney General as disclosing the following:
(i) the deliberations of the Executive Council; or
(ii) the proceedings of the Executive Council or a committee of the Executive Council.
19.1(4)Subject to subsection (3), a rule of law that authorizes or requires the following does not apply to an investigation by or proceeding before the Ombudsman:
(a) the withholding of a document, paper or thing on the ground that disclosure of the document, paper or thing would be injurious to the public interest; or
(b) the refusal to answer a question on the ground that answering the question would be injurious to the public interest.
2007, c.56, s.10