Investigation Report: Ombudsman Act – Manitoba Municipal and Northern Relations

2024-07-08

Summary

An individual complained to our office that Manitoba Municipal and Northern Relations (formerly Indigenous Reconciliation and Northern Relations) acted unfairly when it withdrew approval to construct solar panels and imposed an unreasonable timeline to relocate the panels. The individual was also concerned the department shared information about them with a nearby cottage owner in an unauthorized manner. We found the department did not have adequate policies to guide decision making, and its initial handling of the matter was unfair. The affected cottage owner was not given advance notice that the approval granted to him was under review. The affected cottage owner also did not have meaningful opportunity for input into the compliance date. However, after our office became involved and the cottage owner obtained legal counsel, the department reconsidered, suspended the compliance date, and worked with the cottage owner on a reasonable timeframe that considered the specific circumstances. We also found the department collected the cottage owner’s personal information to follow up on a complaint from another cottage owner. Although this action was reasonable, the department should have told the cottage owner their personal information was collected from a third party to follow up on a complaint. The Ombudsman recommended the department provide policy direction to staff and instructions and processes for cottage owners to seek permitting approvals for development on land near cottage lots. The Ombudsman also asked the department to consider developing a policy specific to the construction of solar panels in cottage areas within its jurisdiction. We are pleased the department accepted our recommendations.

Case MO-04206