HomeEn FrançaisContact the Ombudsman
About the OfficeAccess and Privacy DivisionOmbudsman Division
What's NewSite Map
SearchPrivacy & Site Policy

 

About the Office


History and Purpose of the Ombudsman's Office


A White Paper introducing the concept of an Ombudsman to investigate complaints from persons who feel they have been unfairly dealt with by government departments or agencies was presented to the Manitoba Legislature in December 1966.

The concept was realized by the proclamation of The Ombudsman Act in 1970, and the appointment of Mr. George W. Maltby as Manitoba 's first Ombudsman.

The purpose then, as it is now, was to promote fairness, equity and administrative accountability through the investigation of complaints by an independent and non-partisan Officer of the Legislative Assembly. Appointed by an all-party committee of the Legislature for a maximum of two six-year terms, the Ombudsman has broad powers to investigate, recommend, and to report publicly.

While the primary activity of the Office centres on complaint investigations and the resolution of disputes, the Ombudsman also conducts systemic reviews relating to principles of administrative fairness -- that is, relating to the fair and equitable application of laws, policies, procedures, and practices of governing bodies.

Following his appointment as Ombudsman, Mr. Maltby was re-appointed in 1976. During his terms in office, Mr. Maltby established a non-adversarial approach to conducting investigations and resolving complaints. This method continued with Mr. Gordon S. Earle who was appointed in 1982 and reappointed in 1988. In 1994, Mr. Barry E. Tuckett was named as Acting Ombudsman and was appointed Ombudsman in 1996. He retired in February, 2005.

Irene Hamilton became Manitoba 's fourth Ombudsman on March 31, 2005.

 


The scope and responsibilities of the Office have broadened considerably over the years showing a recognition of its value in terms of promoting principles of fairness, equity, openness and accountability in governing bodies. The following changes have taken place:
  • In 1988 The Freedom of Information Act was proclaimed wherein every person was given the legislated right of access to any record in the custody or under the control of a provincial government department or agency. The legislation incorporated an oversight role for the Ombudsman to receive complaints under the legislation.
     
  • The jurisdiction of the Ombudsman was expanded effective January 1, 1997 to include all urban and rural municipalities in the Province of Manitoba.
     
  • In June 1998, a regional office of the Ombudsman was opened in Brandon, Manitoba.
     
  • In December 1997 The Personal Health Information Act (PHIA) was proclaimed. This was unique legislation in Canada, being the first Act to provide access to information and protection of privacy rights for personal health information. The Ombudsman was given the oversight role to conduct investigations and audits and make recommendations to monitor and ensure compliance with the legislation.
     
  • In May 1998 The Freedom of Information and Protection of Privacy Act (FIPPA) replaced The Freedom of Information Act . This Act added personal information privacy protection to the general access rights and exemptions embodied in The Freedom of Information Act , which was repealed when FIPPA took force. The Ombudsman was given the oversight role under this legislation as well.
     
  • On January 1, 2003 the jurisdiction of the Ombudsman was expanded to include the City of Winnipeg.

PHIA and FIPPA incorporate internationally accepted principles of fair information practices. The Ombudsman has an essential role under the Acts to review compliance with the access to information and protection of privacy laws.

Ombudsman legislation promotes the principles of fairness, openness and accountability. Commitment to these principles makes it easier for the public to view the actions of governing bodies and to participate in the democratic process. Ombudsman legislation subjects governing bodies to the rigors of independent scrutiny of their administrative practices and procedures. Independent scrutiny has value in building public confidence and trust in the workings of government.

Commitment to Ombudsman legislation is a commitment to one's fundamental right to fair and equitable treatment and to open and accountable government.