Report of Ombud to administrative head
21(1)Where upon investigation the Ombud is of the opinion that a grievance exists or may exist because
(a)
a decision, recommendation, act or omission or procedure used that was the subject matter of the investigation was
(ii)
unreasonable, unjust, oppressive or improperly discriminatory,
(iii)
made, done or omitted pursuant to a statutory provision or other rule of law or practice that is unreasonable, unjust, oppressive or improperly discriminatory,
(iv)
based in whole or in part on a mistake of law or fact or on irrelevant grounds or considerations,
(v)
related to the application of arbitrary, unreasonable or unfair procedures, or
(b)
in doing or omitting an act or in making or acting on a decision or recommendation, an authority
(i)
did so for an improper purpose,
(ii)
failed to give adequate and appropriate reasons in relation to the nature of the matter, or
(iii)
was negligent or acted improperly, or
(c)
there was unreasonable delay in dealing with the subject matter of the investigation,
and the Ombud is of the opinion that
(d)
the grievance should be referred to the appropriate authority for further consideration,
(e)
an act should be remedied,
(f)
an omission or delay should be rectified,
(g)
a decision or recommendation should be cancelled or varied,
(h)
reasons should be given,
(i)
a practice, procedure or course of conduct should be altered,
(j)
an enactment or other rule of law should be reconsidered, or
(k)
any other steps should be taken,
the Ombud shall report his or her opinion, rationale and any recommendation to the administrative head of the authority concerned.
21(2)If the Ombud makes a recommendation under subsection (1), the Ombud may request that the authority notify the Ombud within a specified time of the steps it proposes to take to give effect to his or her recommendations.
21(3)If, after the time stated under subsection (2), the authority does not act on the recommendation of the Ombud, refuses to act on the recommendation or acts in a manner unsatisfactory to the Ombud, the Ombud may send a copy of his or her report and recommendation to the Lieutenant-Governor in Council and may thereafter make a report to the Legislative Assembly.
21(4)The Ombud shall include with any report made under subsection (3) a copy of any comment made by the authority on his or her opinion or recommendation.
21(5)In any report made by the Ombud under this Act, the Ombud shall not make any finding or comment that is adverse to a person, unless the Ombud gives that person an opportunity to be heard.
1967, c.18, s.21; 1969, c.62, s.1; 1976, c.43, s.7; 1985, c.65, s.9; 1987, c.6, s.77; 2017, c.1, s.3