Bill 31, the Ombudsperson Amendment Act was introduced to the House today by Attorney General and Minister of Justice, Suzanne Anton.

These proposed amendments would address a request from the Select Standing Committee on Finance and Government Services to amend section 19 of the Ombudsperson Act. The amendments would ensure that the ombudsperson has access to the information that he needs to conduct a thorough investigation into the 2012 Ministry of Health employee terminations.

If passed, the amendments would ensure that non-disclosure provisions in provincial enactments cannot be used to withhold information from the ombudsperson when he is investigating a matter that has been referred to him by the Legislative Assembly or a committee of the Assembly under section 10(3) of the Ombudsperson Act.

First, section 19(2) of the Ombudsperson Act would no longer apply to ombudsperson investigations that are undertaken based on a referral under section 10(3). Section 19(2) of the act states that a person who is bound by a statutory non-disclosure provision cannot be required to supply information to the ombudsperson if it would violate that provision.

Second, the amendments would allow the ombudsperson’s powers to gather information under section 15 of the act to be applied despite any other enactment. This would ensure that no other provincial statute’s non-disclosure provision could be used to withhold information or records from the ombudsperson during an investigation referred by the Legislative Assembly or a committee. Section 19(3) of the Ombudsperson Act already provides that a confidentiality oath taken under the Public Service Act cannot be used to withhold information from the ombudsperson.

On July 3, 2015, Minister of Health, Terry Lake, requested that the Select Standing Committee on Finance and Government Services refer the matter of the 2012 Ministry of Health employee terminations to ombudsperson Jay Chalke for investigation.

Should the proposed amendments be approved by the Legislative Assembly, it would then be up to the Select Standing Committee on Finance and Government Services whether to refer the investigation to the ombudsperson. Upon that referral being made, the ombudsperson must investigate, so far as it is within his jurisdiction and subject to any special directions, and report back as he sees fit.

Learn More:

For information on the Ombudsperson Act, visit: http://www.leg.bc.ca/cmt/40thParl/session-4/fgs/documents/2015-07-08/Ombudsperson-Act.pdf

For related Select Standing Committee on Finance and Government Services documents, visit: http://www.leg.bc.ca/cmt/finance/documents-proceedings.asp

For quick facts about the role of the Ombudsperson, visit: https://news.gov.bc.ca/factsheets/factsheet-powers-and-duties-of-the-ombudsperson-1

For information about the Office of the Ombudsperson, visit: https://www.bcombudsperson.ca/

Media Contacts:

Ministry of Justice
Government Communications and Public Engagement
250 208-0618