- Ontario Ombudsman
-
The Ontario Ombudsman is an independent officer of the provincial legislature in Ontario, Canada. In the tradition of the classical parliamentary Ombudsman first established in Sweden in 1809, Ontario's Ombudsman oversees and investigates public complaints about the government of Ontario, including more than 500 provincial government ministries, agencies, corporations, tribunals, boards and commissions. Ontario has had an ombudsman since 1975. All Canadian provinces except Prince Edward Island have an ombudsman (known as Protecteur/protectrice du citoyen in Quebec and Citizens' Representative in Newfoundland and Labrador). The website of the Ontario Ombudsman is http://www.ombudsman.on.ca/.
The Ontario Ombudsman's motto is "Ontario's Watchdog."
Contents
Role and function
The Ombudsman is independent of government and political parties. His (or her - the term "Ombudsman" originates from Swedish and is considered to be gender-neutral) job is to hold government accountable by reviewing and investigating public complaints about the administration of government services. He may also launch investigations of his own accord or on his "own motion." The Ombudsman is appointed for a five-year renewable term by an all-party committee named by the legislature.
The Ombudsman's powers and authorities are set out in the Ombudsman Act. They include the power to enter any government premises to gather evidence, and the power to compel witnesses to give evidence. He may investigate and report his findings publicly if he finds that a "decision, recommendation, act or omission" of a body he oversees was contrary to law, unreasonable, unjust, oppressive, discriminatory, based on a mistake of law or fact, or simply wrong.[1] The Act requires individuals as well as government officials and employees to co-operate with the Ombudsman's investigations.
The Ombudsman reports annually to the Legislature and may also issue special reports. His recommendations are not binding.
In 2010-2011, the Office of the Ontario Ombudsman's budget was $10.48 million and it employed approximately 90 staff. In that year, the office handled 14,531 cases, the majority of which were resolved within three weeks[2].
In addition to annual and special reports, the Ombudsman publishes a regular electronic newsletter: http://www.ombudsman.on.ca/Newsroom/E-Newsletter.aspx
Current Ombudsman and mandate
André Marin was appointed as Ontario's sixth Ombudsman in April 2005. He reorganized the office in an effort to make it more efficient and reallocated resources to handle broad systemic issues affecting large numbers of people, as well as individual complaints. The "Special Ombudsman Response Team" (SORT) was created to handle these large field investigations, using a dedicated team of experienced investigators. More than 25 SORT investigations have been completed since 2005 and virtually all of the Ombudsman's recommendations have been accepted and implemented by the government. This has resulted in dramatic reforms to, among other things, the Municipal Property Assessment Corporation, compensation of crime victims, support payments for the disabled, the screening of newborn babies for preventable disorders, legal aid and the Ontario Lottery and Gaming Corporation. These investigations are detailed in the Ombudsman's special reports.
In every annual report since he was appointed, Marin stressed the positive changes brought about by the government as a result of these investigations, but lamented the continuing lack of oversight granted to the Ombudsman's office in the so-called "MUSH sector," i.e., municipalities, universities, school boards and hospitals - as well as long-term care facilities, children's aid societies and police. The Ontario ombudsman's office is the only one in Canada that does not have a mandate to investigate in at least some of these areas.
The Ombudsman's jurisdiction was expanded, however, in January 2008 to include the new responsibility for enforcement of the Ontario Municipal Act's requirements that all municipal councils, committees and most local boards keep their meetings open to the public. The Act designates the Ombudsman as the investigator of public complaints about closed meetings in all municipalities that have not appointed their own investigator. To further understanding of these new requirements, Marin published The Sunshine Law Handbook: Open Municipal Meetings in Ontario, a guide to the new legal provisions. He also created a new investigative team similar to SORT, called OMLET - the Open Meeting Law Enforcement Team - to specialize in investigations of closed meeting complaints.
In his 2009 annual report, Marin emphasized the importance of oversight and accountability at a time of economic downturn and budget shortfalls. He stressed the value that his office has been able to deliver for millions of Ontarians by conducting systemic investigations as well as resolving individual complaints and reiterated his call for his mandate to be expanded to the MUSH sector. As well, he noted that Ontario's SORT model is being emulated by ombudsmen and other administrative watchdogs in many other countries and across Canada, thanks to "Sharpening Your Teeth," an annual training course started by SORT in 2007 that has trained (on a complete cost-recovery basis) more than 100 investigators and ombudsmen from around the world. Marin was also awarded the Ontario Bar Association's Tom Marshall Award of Excellence in 2009, in recognition of outstanding achievements in the practice of public sector law in Ontario. [1]
The Ombudsman's five-year term expired March 31, 2010. Marin applied for a second term and was reappointed as the Ombudsman of Ontario on June 1, 2010 for another 5-year term.
In 2011, Marin was honoured with an Order of Merit, awarded by the Civil Law Section of the University of Ottawa's Faculty of Law. The award is the Civil Law Section’s highest distinction, recognizing alumni who have made remarkable contributions to the legal profession and demonstrated exceptional community and social engagement. [2] He was also celebrated by the Carleton University Alumni Association, receiving their highest alumni honour, the A.D. Dunton Alumni Award of Distinction, for his contributions to law and public service in Canada. [3]
In November 2011, the Ontario Ombudsman launched a mobile version of the office's website. This 'web app', believed to be the first of its kind in the ombudsman world, will let mobile users browse the Office's website more quickly and efficiently. They will be able to file an online complaint from their mobile device, as well as search the full site and read Ombudsman Ontario news and reports. [4]
Reports and publications (since 2005)
Annual Report 2010-2011, June 2011 [5]
Caught in the Act: Investigation into The Ministry of Community Safety and Correctional Services’ conduct in relation to Ontario Regulation 233/10 under the Public Works Protection Act, December 2010 [6]
The LHIN Spin: Investigation into the Hamilton Niagara Haldimand Brant Local Health Integration Network's use of community engagement in its decision-making process", August 2010. [7]
Annual Report 2009-2010, June 2010 [8]
A Vast Injustice: Investigation into the Ministry of Health and Long-Term Care’s decision-making concerning the funding of Avastin for colorectal cancer patients, September 2009. [9]
Too Cool For School Too: Investigation into Cambrian College’s administration of its Health Information Management Program and the oversight provided by the Ministry of Training, Colleges and Universities, August 2009. [10]
Too Cool For School: Investigation into the Ministry of Training, Colleges and Universities’ Oversight of Bestech Academy Inc. and Enforcement of the Private Career Colleges Act, July 2009 [11]
Annual Report 2008-2009, June 2009 [12]
Pirating Our Property: Investigation Into the City Oshawa's Failure to Co-operate, April 2009 [13]
The ABCs of Education and Training: Investigation into the City of Oshawa Development Services Committee Special Meeting of May 22, 2008, March 2009[14]
Investigation into the Counil of the Township of Baldwin's Closed Meeting of July 14, 2008, March 2009 [15]
Investigation into the Council of the Township of Nipissing's Special Meeting of April 25, 2008, February 2009 [16]
Municipal Government By Stealth: Investigation into the Council of the Township of Emo's Closed Meeting of April 8, 2008, January 2009 [17]
Oversight Unseen: Investigation into the Special Investigations Unit's operational effectiveness and credibility, September 2008 [18]
The Sunshine Law Handbook: Open Municipal Meetings in Ontario, September 2008 [19]
Annual Report 2007-2008, June 2008 [20]
Building Clarity: Investigation into how the Ministry of Government and Consumer Services represents its relationship with Tarion Warranty Corp. to the public, June 2008 [21]
Don't Let the Sun Go Down on Me - Opening the Door on the Elton John Ticket Scandal: Investigation into City of Greater Sudbury Council closed meeting of February 20, 2008, April 2008 [22]
A Test of Wills: Investigation into Legal Aid Ontario's role in the funding of the legal defence of Richard Wills, February 2008 [23]
Enlightening Closed Council Sessions: Investigation into Fort Erie Town Council closed meeting of January 7, 2008, February 2008 [24]
Annual Report 2006-2007, June 2007 [25]
A Game of Trust: Investigation into the Ontario Lottery and Gaming Corporation's protection of the public from theft and fraud, March 2007 [26]
Adding Insult to Injury: Investigation into treatment of victims by the Criminal Injuries Compensation Board, February 2007 [27]
It's All in the Name: Investigation into the Family Responsibility Office's ineffective enforcement using a writ of seizure and sale, August 2006 [28]
Annual Report 2005-2006, June 2006 [29]
Losing the Waiting Game: Investigation into unreasonable delay at the Ministry of Community and Social Services' Ontario Disability Support Program's Disability Adjudication Unit, May 2006 [30]
Getting it Right: Investigation into the transparency of the property assessment process at the Municipal Property Assessment Corporation, March 2006 [31]
The Right to be Impatient: Investigation into whether the Ministry of Health and Long-Term Care has failed to properly administer newborn screening, September 2005 [32]
From Hope to Despair: Investigation into the Ministry of Health and Long-Term Care's refusal to fund the drug Cystagon for treatment of Batten's Disease, September 2005 [33]
Between a Rock and a Hard Place: Investigation into the parents of special-needs children being forced to relinquish custody in order to obtain necessary residential care, May 2005 [34]
Complaints procedure
Members of the public may complain to the Ombudsman by phone, online, in writing, in person, via email or through the Ombudsman's office. The first line of contact for the public is the team of Early Resolutions Officers, who are trained to handle complaints quickly and resolve them where possible. If an investigation is deemed warranted, the Ombudsman's investigators will review the matter and gather evidence.
The Ombudsman is generally an office of last resort. Complainants are encouraged to first try to resolve their problem through the complaint and appeal procedures offered by the government agency in question. Ombudsman staff can assist people who are not sure whether or not an avenue of appeal exists.
Online complaints may be made using the online complaints form: http://www.ombudsman.on.ca/Make-a-Complaint/Complaint-Submission.aspx Phone complaints may be made at 1-800-263-1830.
Office hours are Monday-Friday, 9 a.m. to 4:30 p.m. An appointment is recommended for in-person complaint. The office is located in downtown Toronto. The address is: Bell Trinity Square, 483 Bay Street, 10th Floor, South Tower, Toronto. The Ombudsman cannot investigate complaints about private companies or individuals, doctors, lawyers, decisions of judges or courts, decisions of the Ontario Cabinet or decisions made by the federal government.
History
Ontario was the seventh province to establish an Ombudsman's office, which it did in March 1975, preceded by Alberta and New Brunswick (1967), Quebec (1968), Manitoba and Nova Scotia (1970) and Saskatchewan (1972). The first Ombudsman of Ontario was Arthur Maloney, who served from 1975 to 1979. The other ombudsmen and their terms of office are: Donald Morand (1979-1984), Daniel Hill (1984-1989), Roberta Jamieson (1989-1999), Clare Lewis (2000-2005), and André Marin (2005-present).
References
External links
Categories:- 1975 establishments
- Politics of Ontario
- Ombudsmen
- Canadian ombudsmen
Wikimedia Foundation. 2010.
