BackLast Thursday, 6th of December, the Ombudsman Paul Dubé committed his office to the new responsibilities that were transferred to it under the Restoring Trust, Transparency and Accountability Act, 2018. The legislation expands the Ombudsman’s mandate to include children’s aid societies and French-language services.
The Ombudsman saluted the work of French Language Services Commissioner François Boileau, Child Advocate Irwin Elman, and Environmental Commissioner Dianne Saxe, who will no longer be independent officers of the Legislature once the legislation is in force. Instead, responsibilities of the first two officers will be transferred to the Ombudsman, while those of the third will be assumed by the Auditor General.
No date has yet been set for these changes to become effective, although the legislation says it must be no later than May 1, 2019. Until the legislation is in effect, all of the officers’ work will continue as usual.
Among other things, the law stipulates that the Ombudsman establish a Deputy Ombudsman position, to be known as the French Languages Services Commissioner. In addition to responding to and investigating complaints about French language services in the province, the Commissioner will continue to promote French language rights and issue an annual report. “This structure will allow us to preserve the Commissioner’s role – within our office – as a promoter of linguistic equity” Mr. Dubé said, noting that he recommended the legislation enable such a role in his submission to the Standing Committee on Finance and Economic Affairs this week.
The law also makes clear that the Ombudsman will complete any of the Child Advocate’s ongoing investigations. However, Mr. Dubé said he is seeking further clarification from the government about its plans for the advocacy function of that office, which the Minister has indicated will be assumed within the Ministry.
As he also noted in his December 3 written submission to the Standing Committee, Mr. Dubé has informed the Board of Internal Economy that he will present a new budget in the coming weeks that sets out the resources his office will need to implement the changes, including the transfer of employees.
Today marks the second time in four years that the Ombudsman’s mandate has been expanded. In December 2014, the previous government passed legislation that effectively doubled the size of the Ombudsman’s mandate, extending his oversight to municipalities, universities and school boards – changes that came into full effect by January 1, 2016.
Together with today’s legislation, these changes mark the most significant expansion of the Ombudsman’s jurisdiction in the office’s history, although the first Ombudsman, Arthur Maloney, called for his mandate to be expanded to all publicly funded bodies in the province in 1979.
The Ombudsman is an independent, impartial officer of the Ontario Legislature who resolves and investigates more than 20,000 public complaints per year about more than 1,000 public sector bodies, including all provincial ministries, agencies, corporations, boards, commissions and tribunals, as well as municipalities, universities and school boards. He also has the power to investigate broad systemic issues of maladministration on his own motion, without receiving a complaint.
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Source: Ombudsman Ontario, Canada
