Ontario’s Ombudsman has been the default municipal closed meeting investigator since Jan 1/08. On Jan 1/16, Bill 8, the Public Sector and MPP Accountability and Transparency Act, amended the Ombudsman Act and the Municipal Act, 2001, expanding the Ombudsman’s broad investigative powers beyond governmental organizations to include municipalities. Municipal administrations have since been adjusting to the Ombudsman’s expanded oversight role. Often, staff in the Ombudsman’s Office will call front line municipal staff directly. When the Ombudsman calls, what are some key issues to consider?
First, the Ombudsman’s jurisdiction to investigate is defined very broadly: “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 [municipality] and affecting any person or body of persons in his, her or its personal capacity.”[1] The “Ombudsman may make any such investigation on a complaint made to him or her by any person affected or by any member of the Assembly to whom a complaint is made by any person affected, or of the Ombudsman’s own motion.”[2] The courts have interpreted the Ombudsman’s jurisdiction very broadly including the jurisdiction to investigate the merits of decisions made in an adjudicative capacity.[3] If the Ombudsman determines to investigate alleged municipal maladministration, the Ombudsman has broad jurisdiction to do so.
However, the Ombudsman is a creature of statute and the Ombudsman’s jurisdiction is scoped accordingly. For example, the Ombudsman lacks jurisdiction to “investigate a complaint respecting any decision, recommendation, act or omission that is within the jurisdiction of the municipal Ombudsman for the City of Toronto”.[4] Further, the Ombudsman lacks jurisdiction “to investigate any decision, recommendation, act or omission […] of any person acting as legal adviser to the [municipality]”.[5]
Please log in to read the full article.