Thank you, Mr. Speaker.
Previous recommendations still stand. Some are high priority
At her February 2021 appearance before committee, the Ombud confirmed that the outstanding recommendations in her first 2019-2020 Annual Report are still relevant. She reported that "the recommendations really haven't changed" and that she would "certainly repeat them before the end of her mandate to ensure they are still on the record." The committee believes it is important to reiterate the Ombud's recommendations, as long as they remain unimplemented, before the end of her mandate.
Her recommendations for changing the Ombud Act are:
- Broaden the definition of "authorities" to include territorial government offices that are excluded from the current schedules.
- Include the authorities created under the Human Rights Act in the schedule.
- Remove references to "judicial review" in section 17.
- Amend subsection 17(2) to remove the requirement that the Ombud consider whether a complainant's failure to exercise a right of appeal or objection was "unreasonable" before accepting a complaint.
- Replace subsection 17(3) with a provision that authorizes the Ombud to investigate matters that occurred before into force of the Act, without any limitation period.
- Remove the reference to the director of human rights from section 23.
- Amend subparagraph 22(1)(g)(i) so that it applies before an investigation as well as during the course of the investigation.
- Amend paragraph 22(2)(a) to remove the requirement for the Ombud to notify the authority any time the Ombud refuses to investigate a complaint.
- Replace section 29 with a provision similar to subsection 25(7) of the Ombudsman Act (Saskatchewan) to remove potential barriers to investigating some complaints where complainants cannot provide written consent to disclosure of their information, or where third party information is required.
- Amend the Act to include a new provision ensuring that authorities are permitted to provide information to the Ombud voluntarily.
- Amend the Act to include a new provision preventing the disclosure of information originating from the Office of the Ombud.
- Remove the requirement for the Ombud's policies and procedures to comply with administrative policies of the clerk.
- Replace the term "authority" with a term that would be more recognizable to members of the public.
- Revise subsection 15(1) for clarity.
In her remarks, the Ombud placed the highest priority on recommendations dealing with her jurisdiction to investigate complaints. This topic corresponds to recommendations number 1 through 6.
The Ombud's jurisdictional recommendations are important because they impact the public and whether they can make a complaint.
I'll now pass it over to MLA Semmler. Thank you, Mr. Speaker.