Ombudsman Act

1 (1) In this Act, “child” has the same meaning as in subsection 2 (1) of the Child, Youth and Family Services Act, 2017; (“enfant”) “children’s aid society” means an agency designated as a children’s aid society under subsection 34 (1) of the Child, Youth and Family Services Act, 2017; (“société d’aide à l’enfance”) “children’s aid society service” means a service provided by a children’s aid society in performing a function under subsection 35 (1) of the Child, Youth and Family Services Act, 2017; (“service d’une société d’aide à l’enfance”) “governmental organization” means a Ministry, commission, board or other administrative unit of the Government of Ontario, and includes any agency thereof; (“organisation gouvernementale”) “local board” means, except in section 14.1, (a) a local board as defined in subsection 1 (1) of the Municipal Act, 2001 and subsection 3 (1) of the City of Toro…

1.1 (1) For the purposes of this Act, the head of a public sector body that is a municipality is, (a) a member of the council of the municipality, or a committee of the council, designated by by-law of the municipality as head; or (b) if no member or committee is designated, the council. 2014, c. 13, Sched. 9, s. 2. Local board (2) For the purposes of this Act, the head of a public sector body that is a local board is, (a) a member of the local board, or a committee of the local board, designated in writing by the members of the local board as head; or (b) if no member or committee is designated, the members of the local board. 2014, c. 13, Sched. 9, s. 2. Municipally-controlled corporation (3) For the purposes of this Act, the head of a public sector body that is a municipally-controlled corporation shall be determined in accordance with regulations made under subsection (4). 2014, c. 1…

1.2 For the purposes of this Act, the head of a public sector body that is a school board is, (a) a member or employee of the school board designated by the school board as head; or (b) if no one is designated, the director of education for the school board. 2014, c. 13, Sched. 9, s. 3. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 9, s. 3 - 01/09/2015

1.3 For the purposes of this Act, the head of a public sector body that is a university is, (a) a member of the governing body of the university or other officer or employee of the university, or a committee of the governing body, designated by the governing body as head; or (b) if no person or committee is designated, the president of the university. 2014, c. 13, Sched. 9, s. 4. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 9, s. 4 - 01/01/2016

2 (1) There shall be an Ombudsman who is an officer of the Assembly. 2018, c. 17, Sched. 28, s. 2 (1). Appointment (2) The Assembly shall, by order, appoint the Ombudsman. 2018, c. 17, Sched. 28, s. 2 (1). Selection by panel (3) Unless decided otherwise by unanimous consent of the Assembly, an order shall be made under subsection (2) only if the person to be appointed has been selected by unanimous agreement of a panel composed of one member of the Assembly from each recognized party, chaired by the Speaker who is a non-voting member. 2018, c. 17, Sched. 28, s. 2 (1). Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 28, s. 2 (1) - 06/12/2018

3 (1) The Ombudsman shall hold office for a term of five years and may be reappointed for one further term of five years. 2018, c. 17, Sched. 28, s. 2 (1). Selection by panel (2) Subsection 2 (3) applies with respect to a reappointment under subsection (1) of this section. 2018, c. 17, Sched. 28, s. 2 (1). Continuation in office (3) By order of the Assembly, the Ombudsman may continue to hold office after expiry of his or her term of office until a temporary Ombudsman is appointed under section 7 or until a successor is appointed. 2018, c. 17, Sched. 28, s. 2 (1). Transition (4) The Ombudsman in office immediately before the day subsection 2 (1) of Schedule 28 to the Restoring Trust, Transparency and Accountability Act, 2018 comes into force is deemed to be in the first term of his or her appointment and shall continue to hold office for the remainder of the term. 2018, c. 17, Sched. 28,…

4 (1) The Assembly may, by order passed by a vote of at least two thirds of the members of the Assembly, remove or suspend the Ombudsman from office for cause. 2018, c. 17, Sched. 28, s. 2 (1). Suspension if Assembly not in session (2) If the Assembly is not in session, the Board of Internal Economy may on unanimous agreement suspend the Ombudsman for cause. 2018, c. 17, Sched. 28, s. 2 (1). Duration of suspension (3) A suspension under subsection (1) continues until revoked by order of the Assembly or until the Ombudsman is removed from office pursuant to subsection (1). 2018, c. 17, Sched. 28, s. 2 (1). Same (4) Unless the Board of Internal Economy revokes the suspension before the next sitting of the Assembly, a suspension under subsection (2) continues until revoked by order of the Assembly or until the Ombudsman is removed from office pursuant to subsection (1). 2018, c. 17, Sched. …

5 (1) The Board of Internal Economy shall determine the salary and benefits of the Ombudsman. 2018, c. 17, Sched. 28, s. 2 (1). Pension plan (2) Subject to subsections (3) and (4), the Ombudsman is a member of the Public Service Pension Plan. 2018, c. 17, Sched. 28, s. 2 (1). Notice re pension plan (3) Within 60 days after his or her appointment takes effect, the Ombudsman may notify the Speaker in writing that he or she elects not to be a member of the Public Service Pension Plan. 2018, c. 17, Sched. 28, s. 2 (1). Same (4) If the Ombudsman gives notice of their election to the Speaker in accordance with subsection (3), the election is irrevocable and is deemed to have taken effect when the appointment took effect. 2018, c. 17, Sched. 28, s. 2 (1). Expenses (5) Subject to the approval of the Board of Internal Economy, the Ombudsman is entitled to be reimbursed for reasonable expenses tha…

6 (1) The Ombudsman shall designate an individual from among the employees of the Ombudsman who shall have the powers and duties of the Ombudsman if the Ombudsman is absent or unable to fulfil the duties of his or her office or if the office becomes vacant. 2018, c. 17, Sched. 28, s. 2 (1). Designation in writing (2) A designation under subsection (1) shall be in writing to the Speaker. 2018, c. 17, Sched. 28, s. 2 (1). Powers and duties (3) The individual designated under subsection (1) shall have the powers and duties of the Ombudsman unless a temporary Ombudsman is appointed under section 7. 2018, c. 17, Sched. 28, s. 2 (1). Salary (4) The Board of Internal Economy may increase the salary of an individual who assumes the powers and duties of the Ombudsman under subsection (1) in such circumstances as the Board considers appropriate. 2018, c. 17, Sched. 28, s. 2 (1). Removal or suspens…

7 (1) If the Ombudsman is unable to fulfil the duties of his or her office or if the office becomes vacant, the Assembly may, by order, appoint a temporary Ombudsman. 2018, c. 17, Sched. 28, s. 2 (1). Same, conditions (2) An order shall be made under subsection (1) only if, (a) the Ombudsman, (i) has not made a designation under subsection 6 (1), or (ii) has made a designation under subsection 6 (1), but, (A) the Ombudsman has been removed or suspended under section 4, or (B) the person designated is unable or unwilling to act or has been removed or suspended under section 4; and (b) unless decided otherwise by unanimous consent of the Assembly, the person to be appointed has been selected by unanimous agreement of a panel composed of one member of the Assembly from each recognized party, chaired by the Speaker who is a non-voting member. 2018, c. 17, Sched. 28, s. 2 (1). Appointment if …

7.1 A person who continues his or her first term as Ombudsman under subsection 3 (3) or who is appointed as a temporary Ombudsman is not prohibited from a subsequent appointment as Ombudsman under section 2 and, in the case of such an appointment, the previous time in office does not count toward the term of office set out in subsection 3 (1). 2018, c. 17, Sched. 28, s. 2 (1). Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 28, s. 2 (1) - 06/12/2018

7.2 (1) The Ombudsman shall not be a member of the Assembly and shall not, without prior approval by the Assembly, or by the Board of Internal Economy when the Assembly is not in session, hold any other office or employment. 2018, c. 17, Sched. 28, s. 2 (1). Exception (2) Despite subsection (1), the Ombudsman may hold more than one office to which he or she has been appointed by the Assembly or the Board of Internal Economy. 2018, c. 17, Sched. 28, s. 2 (1). Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 28, s. 2 (1) - 06/12/2018

7.3 (1) Before beginning the duties of his or her office, the Ombudsman shall take an oath or affirmation that he or she will faithfully and impartially exercise the functions of the office and that he or she will not, except in accordance with subsection (3) or regulations made under subsection (5), disclose any information received by him or her as Ombudsman. 2018, c. 17, Sched. 28, s. 2 (1, 2). Same (2) The Speaker or the Clerk of the Assembly shall administer the oath or affirmation. 2018, c. 17, Sched. 28, s. 2 (1). Disclosure (3) The Ombudsman may disclose in any report made by him or her under this Act such matters as in the Ombudsman’s opinion ought to be disclosed in order to establish grounds for his or her conclusions and recommendations. 2018, c. 17, Sched. 28, s. 2 (1). Prohibition: identifying child (4) Despite subsection (3), the Ombudsman shall not disclose in any report …

7.4 (1) The Ombudsman holds office for a fixed term. 2018, c. 17, Sched. 28, s. 2 (1). Notice not required (2) No notice to the Ombudsman is required before the expiry of the Ombudsman’s term of office. 2018, c. 17, Sched. 28, s. 2 (1). Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 28, s. 2 (1) - 06/12/2018

8 (1) Subject to the approval of the Lieutenant Governor in Council, the Ombudsman may employ such employees as the Ombudsman considers necessary for the efficient operation of his or her office and may determine their salary and remuneration and terms and conditions of employment. R.S.O. 1990, c. O.6, s. 8 (1). Benefits (2) The benefits determined under Part III of the Public Service of Ontario Act, 2006 with respect to the following matters for public servants employed under that Part to work in a ministry, other than in a minister’s office, who are not within a bargaining unit apply to the permanent and full-time employees of the Ombudsman: 1. Cumulative vacation and sick leave credits for regular attendance and payments in respect of those credits. 2. Plans for group life insurance, medical-surgical insurance or long-term income protection. 3. The granting of leaves of absence. 2006,…

9 The Ombudsman may lease such premises and acquire such equipment and supplies as are necessary for the efficient operation of his or her office. R.S.O. 1990, c. O.6, s. 9.

9.1 (1) Individuals who are members of the Provincial Advocate for Children and Youth’s staff who work in the office of the Provincial Advocate for Children and Youth immediately before the day section 5 of Schedule 34 to the Restoring Trust, Transparency and Accountability Act, 2018 comes into force become employees of the office of the Ombudsman on that day, and the Ombudsman shall continue to employ those employees on such terms and conditions as may be determined under section 8, subject to any requirements of the Labour Relations Act, 1995. 2018, c. 17, Sched. 28, s. 3. Same (2) The employment of the employees described in subsection (1) is not terminated or severed, including for the purposes of the Employment Standards Act, 2000, and the employment of the employees immediately before and after the day section 5 of Schedule 34 to the Restoring Trust, Transparency and Accountability…

9.2 If an individual who is a member of the Provincial Advocate for Children and Youth’s staff on the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent leaves the office of the Provincial Advocate for Children and Youth to become an employee of the office of the Ombudsman on or after that day and before the day section 5 of Schedule 34 to that Act comes into force, (a) the employment of the employee is not terminated or severed, including for the purposes of the Employment Standards Act, 2000; and (b) the employment of the employee with the office of the Provincial Advocate for Children and Youth and the office of the Ombudsman is continuous for the purposes of calculating the employee’s length or period of employment. 2018, c. 17, Sched. 28, s. 4. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 28, s. 4 - 06/12/2018

9.3 The rights, obligations, assets and liabilities relating to the office of the Provincial Advocate for Children and Youth, as they exist immediately before the day section 5 of Schedule 34 to the Restoring Trust, Transparency and Accountability Act, 2018 comes into force, become the rights, obligations, assets and liabilities of the Ombudsman on that day. 2018, c. 17, Sched. 28, s. 5. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 28, s. 5 - 01/05/2019

10 The accounts and financial transactions of the office of the Ombudsman shall be audited annually by the Auditor General. R.S.O. 1990, c. O.6, s. 10; 2004, c. 17, s. 32. Section Amendments with date in force (d/m/y) 2004, c. 17, s. 32 - 30/11/2004

11 The Ombudsman shall report annually upon the affairs of the Ombudsman’s office to the Speaker of the Assembly who shall cause the report to be laid before the Assembly if it is in session or, if not, at the next session. R.S.O. 1990, c. O.6, s. 11.

12 Repealed: 2018, c. 17, Sched. 28, s. 6. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 28, s. 6 - 06/12/2018

13 (1) This Act does not apply, (a) to judges or to the functions of any court; or (b) to deliberations and proceedings of the Executive Council or any committee thereof. R.S.O. 1990, c. O.6, s. 13. Application to municipal sector entities (2) This Act applies to municipal sector entities. 2014, c. 13, Sched. 9, s. 5 (1). Application to school boards (3) This Act applies to school boards. 2014, c. 13, Sched. 9, s. 5 (2). Application to universities (4) This Act applies to universities. 2014, c. 13, Sched. 9, s. 5 (3). Exclusion re: Hydro One Inc. (5) Hydro One Inc. and its subsidiaries are deemed not to be governmental organizations for the purposes of this Act on and after the date on which the Building Ontario Up Act (Budget Measures), 2015 received Royal Assent. 2015, c. 20, Sched. 30, s. 1. Transition (6) Despite subsection (5), for a period of six months after the date described in …

14 (1) The function of the Ombudsman is to investigate any decision or recommendation made or any act done or omitted in the course of the administration of a public sector body and affecting any person or body of persons in his, her or its personal capacity. R.S.O. 1990, c. O.6, s. 14 (1); 2014, c. 13, Sched. 9, s. 6 (1). Same, children’s services (1.1) In addition to the Ombudsman’s function to conduct investigations under subsection (1), the Ombudsman may investigate, (a) any matter concerning a child with respect to a children’s aid society service; (a.1) any matter concerning a person entitled to continued care and support with respect to an agreement under section 124 of the Child, Youth and Family Services Act, 2017; (b) any matter concerning a child or young person with respect to a service, as defined in subsection 2 (1) of the Child, Youth and Family Services Act, 2017, provide…

14.0.1 (1) A children’s aid society shall inform children and young persons and persons entitled to continued care and support and a residential licensee shall inform children and young persons of the existence of the Ombudsman, of the Ombudsman’s functions under subsections 14 (1.1) and (1.3) and of how the Ombudsman may be contacted, and the children’s aid society or residential licensee shall do so using language that is suitable to the understanding of the child, young person or person entitled to continued care and support in question. 2025, c. 12, Sched. 4, s. 4 (1). Same (2) A children’s aid society or residential licensee, as the case may be, shall afford a child or young person who wishes to contact the Ombudsman with the means to do so privately and without delay. 2018, c. 17, Sched. 28, s. 8; 2025, c. 12, Sched. 4, s. 4 (2). Same (3) Children’s aid societies and residential li…

14.1 (1) This section applies in the circumstances described in clause 239.1 (b) of the Municipal Act, 2001 or clause 190.1 (1) (b) of the City of Toronto Act, 2006, as the case may be. 2014, c. 13, Sched. 9, s. 7 (1). Definition (2) In this section, “local board” means, (a) when used in relation to a municipality other than the City of Toronto, a local board as defined in subsection 238 (1) of the Municipal Act, 2001; and (b) when used in relation to the City of Toronto, a local board as defined in subsection 3 (1) of the City of Toronto Act, 2006 to which section 189 of that Act applies. 2014, c. 13, Sched. 9, s. 7 (1). Investigation by Ombudsman (3) If a person makes a request under clause 239.1 (b) of the Municipal Act, 2001 or clause 190.1 (1) (b) of the City of Toronto Act, 2006, the Ombudsman may, as the case may be, investigate, (a) whether a municipality or local board of a muni…

14.2 (1) This Act does not apply to a Local Services Board except in accordance with this section. 2024, c. 28, Sched. 19, s. 1. Application (2) This section applies in the circumstances described in subsection 10.1 (1) of the Northern Services Boards Act. 2024, c. 28, Sched. 19, s. 1. Investigation by Ombudsman (3) If a person makes a request under subsection 10.1 (1) of the Northern Services Boards Act, the Ombudsman may investigate whether a Local Services Board has complied with subsections 10 (4) to (8) of the Northern Services Boards Act in respect of a meeting or part of a meeting that was closed to the public. 2024, c. 28, Sched. 19, s. 1. Report and recommendations (4) If, after completing an investigation under subsection (3), the Ombudsman is of the opinion that the meeting or part of the meeting that was the subject-matter of the investigation appears to have been closed to t…

15 (1) The Assembly may make general rules for the guidance of the Ombudsman in the exercise of his or her functions under this Act. R.S.O. 1990, c. O.6, s. 15 (1). Idem (2) All rules made under this section shall be deemed to be regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006. R.S.O. 1990, c. O.6, s. 15 (2); 2006, c. 21, Sched. F, s. 136 (1). Application of rules (2.1) Rules made under this section in respect of governmental organizations apply in respect of all public sector bodies, unless this Act or the rules expressly provide otherwise. 2014, c. 13, Sched. 9, s. 8. Exception (2.2) Any rules relating to the operation of subsection 21 (4) or (5) apply only to public sector bodies that are governmental organizations. 2014, c. 13, Sched. 9, s. 8. Procedures (3) Subject to this Act and any rules made under this section, the Ombudsman may determine hi…

16 (1) Subject to subsection (1.1), every complaint to the Ombudsman shall be made in writing. R.S.O. 1990, c. O.6, s. 16 (1); 2018, c. 17, Sched. 28, s. 9 (1). Same (1.1) Subsection (1) does not apply to a complaint made by a child or young person or by a person entitled to continued care and support respecting a matter that may be investigated under subsection 14 (1.1). 2018, c. 17, Sched. 28, s. 9 (2); 2025, c. 12, Sched. 4, s. 5. To be forwarded (2) Despite any provision of any Act, if a letter addressed to the Ombudsman is written by an inmate of a provincial correctional institution, a person held in a youth custody facility under the Youth Criminal Justice Act (Canada) or a patient in a provincial psychiatric facility, the letter shall be immediately forwarded, unopened, to the Ombudsman by the person for the time being in charge of the institution, youth custody facility or other…

17 (1) If, in the course of the investigation of any complaint within his or her jurisdiction, it appears to the Ombudsman, (a) that under the law or existing administrative practice there is an adequate remedy for the complainant, whether or not the complainant has availed himself, herself or itself of it; or (b) that, having regard to all the circumstances of the case, any further investigation is unnecessary,

the Ombudsman may in his or her discretion refuse to investigate the matter further. R.S.O. 1990, c. O.6, s. 17 (1). Idem (2) Without limiting the generality of the powers conferred on the Ombudsman by this Act, the Ombudsman may in his or her discretion decide not to investigate, or, as the case may require, not to further investigate, any complaint if it relates to any decision, recommendation, act or omission of which the complainant has had knowledge for more than twelve months before the complaint is received by the Ombudsman, or, if in his or her opinion, (a) the subject-matter of the complaint is trivial; (b) the complaint is frivolous or vexatious or is not made in good faith; or (c) the complainant has not a sufficient personal interest in the subject-matter of the complaint. R.S.O. 1990, c. O.6, s. 17 (2). Complainant to be informed (3) In any case where the Ombudsman decides n…

18 (1) Before investigating any matter, the Ombudsman shall inform the head of the public sector body affected of his or her intention to make the investigation. R.S.O. 1990, c. O.6, s. 18 (1); 2014, c. 13, Sched. 9, s. 9 (1). Investigation to be in private (2) Every investigation by the Ombudsman under this Act shall be conducted in private. R.S.O. 1990, c. O.6, s. 18 (2). Where hearing necessary (3) The Ombudsman may hear or obtain information from such persons as he or she thinks fit, and may make such inquiries as he or she thinks fit and it is not necessary for the Ombudsman to hold any hearing and no person is entitled as of right to be heard by the Ombudsman, but, if at any time during the course of an investigation, it appears to the Ombudsman that there may be sufficient grounds for him or her to make any report or recommendation that may adversely affect any public sector body …

18.1 (1) Despite any other Act, any meeting or part of a meeting held by the governing body or senate of a university or the executive committee of the governing body or senate, or by any governmental organization prescribed under subsection (2), shall be closed to the public if the subject matter being considered is an ongoing investigation under this Act respecting the university or governmental organization, as the case may be. 2014, c. 13, Sched. 9, s. 10. Regulations (2) The Lieutenant Governor in Council may make regulations prescribing governmental organizations for the purposes of subsection (1). 2014, c. 13, Sched. 9, s. 10. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 9, s. 10 - 01/01/2016

19 (1) The Ombudsman may from time to time require any officer, employee or member of any public sector body who in his or her opinion is able to give any information relating to any matter that is being investigated by the Ombudsman to furnish to him or her any such information, and to produce any documents or things which in the Ombudsman’s opinion relate to any such matter and which may be in the possession or under the control of that person. R.S.O. 1990, c. O.6, s. 19 (1); 2014, c. 13, Sched. 9, s. 11 (1). Examination under oath (2) The Ombudsman may summon before him or her and examine on oath, (a) any complainant; (b) any person who is an officer or employee or member of any public sector body and who, in the Ombudsman’s opinion, is able to give any information mentioned in subsection (1); or (c) any other person who, in the Ombudsman’s opinion, is able to give any information men…

20 (1) Where the Attorney General certifies that the giving of any information or the answering of any question or the production of any document or thing, (a) might interfere with or impede investigation or detection of offences; (b) might involve the disclosure of the deliberations of the Executive Council; or (c) might involve the disclosure of proceedings of the Executive Council or of any committee of the Executive Council, relating to matters of a secret or confidential nature, and would be injurious to the public interest,

the Ombudsman shall not require the information or answer to be given or, as the case may be, the document or thing to be produced. R.S.O. 1990, c. O.6, s. 20 (1). Idem (2) Subject to subsection (1), the rule of law which authorizes or requires the withholding of any document, or the refusal to answer any question, on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest does not apply in respect of any investigation by or proceedings before the Ombudsman. R.S.O. 1990, c. O.6, s. 20 (2).

21 (1) This section applies in every case where, after making an investigation under this Act, the Ombudsman is of opinion that the decision, recommendation, act or omission which was the subject-matter of the investigation, (a) appears to have been contrary to law; (b) was unreasonable, unjust, oppressive, or improperly discriminatory, or was in accordance with a rule of law or a provision of any Act or a practice that is or may be unreasonable, unjust, oppressive, or improperly discriminatory; (c) was based wholly or partly on a mistake of law or fact; or (d) was wrong. R.S.O. 1990, c. O.6, s. 21 (1). Idem (2) This section also applies in any case where the Ombudsman is of opinion that in the making of the decision or recommendation, or in the doing or omission of the act, a discretionary power has been exercised for an improper purpose or on irrelevant grounds or on the taking into ac…

22 (1) Where, on any investigation following a complaint, the Ombudsman makes a recommendation under subsection 21 (3), and no action which seems to the Ombudsman to be adequate and appropriate is taken thereon within a reasonable time, the Ombudsman shall inform the complainant of his or her recommendation, and may make such comments on the matter as he or she thinks fit. R.S.O. 1990, c. O.6, s. 22 (1). Idem (2) The Ombudsman shall in any case inform the complainant, in such manner and at such time as he or she thinks proper, of the result of the investigation. R.S.O. 1990, c. O.6, s. 22 (2).

23 No proceeding of the Ombudsman shall be held bad for want of form, and, except on the ground of lack of jurisdiction, no proceeding or decision of the Ombudsman is liable to be challenged, reviewed, quashed or called in question in any court. R.S.O. 1990, c. O.6, s. 23.

24 (1) No proceedings lie against the Ombudsman, or against any person holding any office or appointment under the Ombudsman, for anything he or she may do or report or say in the course of the exercise or intended exercise of his or her functions under this Act, unless it is shown that he or she acted in bad faith. R.S.O. 1990, c. O.6, s. 24 (1). Idem (2) The Ombudsman, and any such person as aforesaid, shall not be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions under this Act. R.S.O. 1990, c. O.6, s. 24 (2). Idem (3) Anything said or any information supplied or any document or thing produced by any person in the course of any inquiry by or proceedings before the Ombudsman under this Act is privileged in the same manner as if the inquiry or proceedings were pr…

25 (1) For the purposes of this Act, the Ombudsman may at any time enter upon any premises occupied by any public sector body and inspect the premises and carry out therein any investigation within his or her jurisdiction. R.S.O. 1990, c. O.6, s. 25 (1); 2014, c. 13, Sched. 9, s. 13 (1). Notice of entry (2) Before entering any premises under this section, the Ombudsman shall, (a) notify the head of the public sector body; and (b) provide the head a reasonable opportunity to give reasons why entry to the premises is not appropriate. 2014, c. 13, Sched. 9, s. 13 (2). Private dwellings (2.1) Despite subsection (1), the Ombudsman shall not enter a place that is being used as a dwelling, except with the consent of the occupier or under the authority of a warrant issued under subsection (2.2). 2014, c. 13, Sched. 9, s. 13 (3). Warrant (2.2) A justice of the peace may issue a warrant authorizin…

26 (1) The Ombudsman may in writing delegate to any person holding any office under him or her any of the Ombudsman’s powers under this Act except the power of delegation under this section and the power to make a report under this Act. R.S.O. 1990, c. O.6, s. 26 (1). Delegation is revocable (2) Every delegation under this section is revocable at will and no such delegation prevents the exercise by the Ombudsman of any power so delegated. R.S.O. 1990, c. O.6, s. 26 (2). Restrictions and conditions (3) Every such delegation may be made subject to such restrictions and conditions as the Ombudsman thinks fit. R.S.O. 1990, c. O.6, s. 26 (3). Continuing effect of delegation (4) In the event that the Ombudsman by whom any such delegation is made ceases to hold office, the delegation continues in effect so long as the delegate continues in office or until revoked by a succeeding Ombudsman. R.S.…

27 Every person who, (a) without lawful justification or excuse, wilfully obstructs, hinders or resists the Ombudsman or any other person in the performance of his or her functions under this Act; or (b) without lawful justification or excuse, refuses or wilfully fails to comply with any lawful requirement of the Ombudsman or any other person under this Act; or (c) wilfully makes any false statement to or misleads or attempts to mislead the Ombudsman or any other person in the exercise of his or her functions under this Act,

is guilty of an offence and liable on conviction to a fine of not more than $500 or to imprisonment for a term of not more than three months, or to both. R.S.O. 1990, c. O.6, s. 27.

28 The provisions of this Act are in addition to the provisions of any other Act or rule of law under which any remedy or right of appeal or objection is provided for any person, or any procedure is provided for the inquiry into or investigation of any matter, and nothing in this Act limits or affects any such remedy or right of appeal or objection or procedure. R.S.O. 1990, c. O.6, s. 28.

29 Nothing in this Act adversely affects the rights and privileges guaranteed by section 93 of the Constitution Act, 1867 and section 23 of the Canadian Charter of Rights and Freedoms, and the Ombudsman shall exercise his or her authority under this Act with respect to school boards in a manner that is consistent with and respectful of those rights and privileges. 2014, c. 13, Sched. 9, s. 14. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 9, s. 14 - 01/09/2015

30 In exercising his or her authority under this Act with respect to universities, the Ombudsman shall consider the application of the principles of academic freedom within universities. 2014, c. 13, Sched. 9, s. 15. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 9, s. 15 - 01/01/2016

30.1 The Lieutenant Governor in Council may make regulations providing for any matters necessary or advisable to assist the Ombudsman in carrying out his or her functions under subsections 14 (1.1) and (1.3). 2018, c. 17, Sched. 28, s. 12. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 28, s. 12 - 01/05/2019

30.2 (1) No cause of action arises, no proceeding may be brought and no remedy is available or damages, costs or compensation payable in connection with any amendment made by Schedule 28 to the Restoring Trust, Transparency and Accountability Act, 2018 to this Act or anything done or not done in accordance with those amendments. 2018, c. 17, Sched. 28, s. 13. Same (2) Subsection (1) applies whether the cause of action on which a proceeding is based arose before or after the day that subsection comes into force. 2018, c. 17, Sched. 28, s. 13. Proceedings set aside (3) Any proceeding referred to in subsection (1) commenced before the day that subsection comes into force is deemed to have been dismissed, without costs, on that day. 2018, c. 17, Sched. 28, s. 13. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 28, s. 13 - 06/12/2018

31 (1) The Lieutenant Governor in Council may make regulations providing for transitional matters as the Lieutenant Governor in Council considers necessary or advisable to, (a) facilitate the implementation of amendments to this Act made by Schedule 9 to the Public Sector and MPP Accountability and Transparency Act, 2014; and (b) deal with any problems or issues arising as a result of the repeal, amendment, enactment or re-enactment of a provision of this Act by Schedule 9 to the Public Sector and MPP Accountability and Transparency Act, 2014. 2014, c. 13, Sched. 9, s. 16. Same (2) The Lieutenant Governor in Council may make regulations providing for transitional matters arising from the enactment of Schedule 28 to the Restoring Trust, Transparency and Accountability Act, 2018. 2018, c. 17, Sched. 28, s. 14. Conflicts (3) If there is a conflict between a regulation made under this sectio…

32 (1) Subject to subsection (2), the Lieutenant Governor in Council shall not make regulations under this Act unless a minister or a person delegated by a minister has consulted with the Ombudsman with respect to the proposed regulations in a manner and to the extent that the minister or the delegate considers appropriate. 2018, c. 17, Sched. 28, s. 15. Exception (2) Subsection (1) does not apply in respect of regulations if, in the opinion of a minister, (a) the urgency of the situation requires the regulations to be made without consultation; or (b) the proposed regulations are of a minor or technical nature. 2018, c. 17, Sched. 28, s. 15. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 28, s. 15 - 06/12/2018 ______________