Thank you, Mr. Speaker.
Administrative issues
The Ombud has flagged a potential gap where information provided by the Ombud to a department or agency as part of an investigation could be disclosed by that department. The Ombud has recommended that any information originated with the Office of the Ombud must be kept confidential.
The committee agrees that information from the Ombud should remain confidential, and therefore recommends:
Recommendation 5
The Standing Committee on Government Operations recommends that Section 25 be amended to specifically impose an obligation on anyone receiving confidential information from the Office of the Ombud to maintain the privacy of that information, notwithstanding any other legislation.
The Ombud's twelfth recommendation centers on the requirement for the Ombud to follow administrative policies of the Clerk when making policies and procedures for handling the complaint received in the Ombud Office. The Ombud states that this requirement is inconsistent with the independence of her office.
The committee reviewed the Hansard debate on the Ombud Act and notes that this section was included to address concerns raised by the Tlicho Government that they should be notified in the event of any investigation involving the Tlicho Community Service Agency. The House passed a motion calling on the Office of the Clerk to work with the Ombud to establish appropriate procedures to advise the Tlicho Government in the event that an investigation on the Tlicho Community Service Agency.
The committee appreciates the Ombud's concerns over the wording of the clause, and therefore recommends
Recommendation 6
The Standing Committee on Government Operations recommends that Clause 24(1) be amended to explicitly provide for notice to be provided to the Tlicho Government or any equivalent agency established by an Indigenous Government, further, that Section 33(1) be amended to include a reference to, where applicable, the Indigenous Government referenced in Section 24(1).
The Ombud next recommended that the term "authority" be changed to something more recognizable to the public. The committee notes that the legal terminology is often not in plain language; however, there are usually specific reasons for the use of the specific term.
The committee encourages the Ombud to continue her commendable public education efforts on the role of her office and which departments and agency her office can investigate.
The Ombud's final recommendation is to address awkward wording in Clause 15(1). The committee notes that this clause was the source of considerable debate in the act -- was being debated, with all parties acknowledging that the wording was problematic. However, no agreement could be reached on how best to fix it.
I'd like to hand it over to Ms. Martselos.