HomeEn FrançaisContact the Ombudsman
About the OfficeAccess and Privacy DivisionOmbudsman Division
Inquest ReportingInvestigations
General PowersReports and PublicationsLegislationRights of Youth PamphletsJoining the HerdComplaint FormsLinks
What's NewSite Map
SearchPrivacy & Site Policy







 Ombudsman Division


General Powers Under the Ombudsman Act


The Ombudsman Act was proclaimed in 1970.

Under the Act, the Ombudsman may, on a written complaint, or on his initiative, investigate any act, decision, recommendation or omission relating to a matter of administration, by any department or agency of the government whereby any person is, or may be, aggrieved. This includes agencies and departments of the provincial and municipal governments. (s.15)


Powers of Investigation

The Ombudsman has broad powers of investigation under The Ombudsman Act.

  • The Ombudsman has the protection and powers of a commissioner appointed under Part V of The Manitoba Evidence Act. (s.13)

  • The Ombudsman may exercise and perform the powers, duties and functions conferred on him under the Act notwithstanding any other Act of the Legislature that any decision, recommendation, act or omission that he is investigating is final; or that no appeal lies in respect thereof; or that no proceeding or decision of the department, agency of the government, municipality, officer or employee or person whose decision, recommendation, act, or omission it is shall be challenged, reviewed, quashed or called in question. (s.17)

  • The Ombudsman may hold hearings and hear or obtain information from any person and make inquiries as he thinks fit. (s.27)

  • The Ombudsman may require any person who, in his opinion, is able to give any information relating to any matter under investigation to furnish the information; and to produce any document, paper or thing that in his opinion relates to the matter being investigated and that may be in the possession or under the control of that person; whether or not the person is an officer, employee or member of the department, agency of the government or municipality and whether or not the document, paper, or thing is under the control of a department, agency of the government or municipality. [s.s.30(1)]

  • The Ombudsman may summon and examine on oath any person who has information relating to the matter being investigated [s.s.30(2)]

  • No provision of any Act of the Legislature requiring a person to maintain secrecy or not to disclose information relating to any matter shall apply in respect of an investigation by the Ombudsman. No person required by the Ombudsman to furnish information or to produce any document, paper or thing shall refuse to do so or refuse to answer questions on the ground of any such provision. [s.s.32(2)]

  • Except on the trial of a person for perjury, no statement made, or answer or evidence given by any person in the course of an investigation by or any proceedings before the Ombudsman is admissible in evidence against any person in any court or at any inquiry or in any other proceedings, and no evidence respecting proceedings before the Ombudsman shall be given against any person. (s.33)

  • Neither the Ombudsman nor any person employed under him shall be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his knowledge in the exercise or performance of his functions and duties under the Act. (s.41)

  • There is a penalty provision for anyone who without lawful justification or excuse willfully obstructs, hinders, resists, refuses to comply with any lawful requirement of the Ombudsman, or who willfully makes any false statement to or misleads, or attempts to mislead, the Ombudsman or any other person in the exercise or performance of his/her functions and duties under the Act. (s.45)

Back to Top
 

 

Restriction on Jurisdiction

There are some statutory restrictions on the Ombudsman's jurisdiction (s.18). The Ombudsman is not authorized to investigate:

  1. any act, decision, recommendation, order or omission of the Legislature, the assembly, the Lieutenant Governor, a committee of the assembly, the Lieutenant Governor in Council, the Executive Council, or a committee of the Executive Council

      a.1)   any resolution or by-law of a council of a policy nature  

  2. any order, decision, or omission of a court, a judge of a court, a referee or master of a court, a magistrate or justice of the peace made or given in any action or proceeding in the court or before the judge, referee, master or justice of the peace

  3. any award, decision, recommendation or omission of an arbitrator or board of arbitrators in an arbitration to which The Arbitration Act applies

  4. any decision, recommendation, act or omission in respect of which there is, under any Act, a right of appeal or objection or a right to apply for a review on the merits of the case to any court or tribunal constituted under any Act of the Legislature, unless the Ombudsman is satisfied that in the particular case it would have been unreasonable to expect the complainant to resort to the tribunal or court. (Note: in these situations we will generally make inquiries with the Department or agency to obtain information in order to determine whether it is unreasonable to expect the individual to exercise their statutory right of appeal.)

Back to Top
 



Refusal to Investigate

The Ombudsman, in his discretion, may refuse to investigate [s.s.23(1)] if:

  1. the complainant had knowledge of it for more than one year before bringing the complaint forward

  2. in his opinion it is frivolous or vexatious or not made in good faith

  3. it is not in the public interest

  4. the circumstances of the case do not require it

Back to Top
 

 

Report on Investigation

If, on completion of an investigation the Ombudsman is of the opinion that an act, decision, recommendation, or omission is contrary to law, unreasonable, unjust, oppressive, improperly discriminatory, based on a mistake of law or fact, wrong, or that it was made for an improper purpose, on irrelevant grounds, or taking into account irrelevant considerations, the Ombudsman shall report his opinion and reasons and may make recommendations to the appropriate minister and to the department or agency of the government concerned, or to the appropriate head of council. [s.s.36(1)]

If the Ombudsman does not feel that adequate or appropriate action is taken with respect to the recommendations, he may report the matter to the Lieutenant Governor in Council or to the head of council and may mention the report in his next annual report to the Assembly. [s.s.37(2)]

The Ombudsman also has the power to report publicly. (s.43)

Back to Top