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Difference between revisions of "Review of Administrative Decisions for Public Complaints (5:III)"
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Review of Administrative Decisions for Public Complaints (5:III) (view source)
Revision as of 22:31, 26 August 2019
, 22:31, 26 August 2019→2. Ombudsperson
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The Act has the following main features: | The Act has the following main features: | ||
*The Ombudsperson is empowered to investigate complaints against public sector bodies including provincial ministries and provincially appointed boards, commissions, Crown corporations, and other public institutions where the majority of the board is appointed by the provincial government or is responsible to the government. | *The Ombudsperson is empowered to investigate complaints against public sector bodies including provincial ministries and provincially appointed boards, commissions, Crown corporations, and other public institutions where the majority of the board is appointed by the provincial government or is responsible to the government. | ||
*The Schedule to the ''Ombudsperson Act'' also empowers the Ombudsperson to investigate complaints against such entities as provincial corporations, municipalities and regional districts, universities and colleges, hospitals, and governing bodies of professional or occupational associations established by a provincial Act. | *The Schedule to the ''Ombudsperson Act'' also empowers the Ombudsperson to investigate complaints against such entities as provincial corporations, municipalities and regional districts, universities and colleges, hospitals, and governing bodies of professional or occupational associations established by a provincial Act. | ||
*The Ombudsperson does '''not''' have jurisdiction to investigate complaints in areas where the parties are private actors or where other | *The Ombudsperson does '''not''' have jurisdiction to investigate complaints in areas where the parties are private actors or where other specialized complaint procedures have been established. Examples include complaints regarding banks, private life and health insurance, consumer inquiries, doctors, employment issues involving private companies, federal programs, landlord and tenant (residential) inquiries, municipal police, and the RCMP. For instance, the Ombudsperson may not re-evaluate the merit of the adjudicator’s decision just because either the tenant or landlord is not happy with the decision. However, the Ombudsperson has jurisdiction to investigate the administrative unfairness of the Residential Tenancy Branch. | ||
*The Ombudsperson has broad powers of inquiry and may make recommendations, but has no power to enforce those recommendations. | *The Ombudsperson has broad powers of inquiry and may make recommendations, but has no power to enforce those recommendations. | ||
*The complainant must exhaust review or appeal procedures within the agency against which the complaint was made before turning to the Ombudsperson. | *The complainant must exhaust review or appeal procedures within the agency against which the complaint was made '''before''' turning to the Ombudsperson. | ||
*The Ombudsperson tables an annual report in the Legislature and may publicly disclose any findings if an agency is not complying with his or her recommendations. | *The Ombudsperson tables an annual report in the Legislature and may publicly disclose any findings if an agency is not complying with his or her recommendations. | ||
