OTHER LEGISLATION AFFECTING
THE OMBUDSMAN ACT, RSBC 1996, C. 340
ADVANCED EDUCATION STATUTES
SECTION 11
Ombudsman Act 11 Section 30 of the Schedule to the Ombudsman Act, R.S.B.C. 1996, c. 340, is repealed.BUDGET MEASURES IMPLEMENTATION ACT
SECTION 14
14 Section 122 is amended by striking out number "30." of the section being enacted and substituting "31."COASTAL FERRY ACT
SECTION 75
Ombudsman Act 75 The Ombudsman Act does not apply to the Authority or to the British Columbia Ferry Corporation after its conversion into a company as contemplated by section 19 of this Act.COMMUNITY CHARTER TRANSITIONAL PROVISIONS,
SECTION 463
Ombudsman Act
463 Sections 9 and 14 of the Schedule to the Ombudsman Act, R.S.B.C.
1996, c. 340, are repealed and the following substituted:
9 Boards, committees, commissions or similar bodies established under the Community
Charter, the Local Government Act or the Vancouver Charter.
14 A greater board as defined in the Community Charter.
[Section 9 BEFORE amended by 2003-52-463: Boards,
committees, commissions or similar bodies established under the Local
Government Act or Vancouver Charter]
[Section 14 BEFORE amended by 2003-52-463: A greater
board as defined in the Local Government Act.]
SBC 2003, CHAPTER 72
SECTION 21
Ombudsman Act
21
The Schedule to the Ombudsman Act, R.S.B.C. 1996, c. 340, is amended by
repealing section 16 and substituting the following:
16 The commissioners of a district defined in section 58 of the Drainage,
Ditch and Dike Act and an engineer, commissioner, inspector of dikes, land
settlement board, municipality or regional district acting under that Act.
[Section 16 BEFORE amended by 2003-72-21: The
commissioners of a district defined in section 58 of the Drainage, Ditch and
Dike Act and an engineer, commissioner, inspector of dikes or land settlement
board acting under that Act.]
OF PRIVACY ACT
RSBC 1996, CHAPTER 165
Part 1 -- Introductory Provisions
SECTION 3
Scope of this Act
3 (1) This Act applies to all records in the custody or under the control of a public body, including court administration records, but does not apply to the following:
(c) a record that is created by or for, or is in the custody or control of, an officer of the Legislature and that relates to the exercise of that officer's functions under an Act;
Part 4 -- Office and Powers of Information and
Privacy Commissioner
SECTION 50
Role of Ombudsman
50 The Ombudsman may not investigate any matter that the commissioner has the power to investigate or review under this Act unless the commissioner agrees.
SBC 1992-61-50.
GREATER VANCOUVER TRANSPORTATION AUTHORITY ACT
SECTION 122
Ombudsman Act
122
The Schedule to the Ombudsman Act, R.S.B.C. 1996, c. 340, is amended by adding
the following:
3
HEALTH AUTHORITIES AMENDMENT ACT
SECTION 21
Ombudsman Act
18 Section 28 of the Schedule to the Ombudsman Act, R.S.B.C. 1996, c. 340, is amended by striking out "and Community Health Councils".
LOCAL GOVERNMENT ACTPart 27 -- Heritage Conservation
Division 1 -- General
SECTION 952
Ombudsman review of local government decisions
952 (1) The Ombudsman appointed under the Ombudsman Act may investigate complaints about decisions made by a local government under this Part or about procedures used by a local government under this Part.
(2) Subsection (1) does not authorize the Ombudsman to investigate an issue involving compensation for reduction in the market value of real property caused by a designation under section 967.
(3) The Ombudsman Act, other than section 11 (1) (a) of that Act, applies to investigations under this section and, for that purpose, the local government is deemed to be an authority as defined in that Act.
(4) During an investigation under this section and for up to 6 months after the completion of the investigation if the Ombudsman considers the matter to be unresolved, the Ombudsman may direct that the local government or the complainant, or both, must not take any action on matters specified by the Ombudsman.
(5) If the Ombudsman makes a recommendation under section 23 or 24 of the Ombudsman Act regarding an investigation under this section and no action that the Ombudsman believes adequate or appropriate is taken by the local government within a reasonable time, the Ombudsman may make a report to the Lieutenant Governor in Council of the recommendation and such additional comments as the Ombudsman considers appropriate.
(6) On receipt of a report from the Ombudsman, the Lieutenant Governor in Council may make an order that the Lieutenant Governor in Council believes is in the public interest, and the order is binding on the local government.
(7) Nothing in this section diminishes the authority of the Ombudsman under the Ombudsman Act.
RSBC 1979-290-1007; SBC 1994-43-75.
LOCAL GOVERNMENT STATUTES AMENDMENT ACT
SECTION 291
Ombudsman
291 The Ombudsman Act, R.S.B.C. 1996, c. 340, is amended in item 14 of the Schedule by striking out "greater board as defined in section 872 of the Municipal Act" and substituting "greater board as defined in the Municipal Act".
MISCELLANEOUS
STATUTES AMENDMENT ACT (No.2)
SBC 2000, CHAPTER 26
SECTION 33
Ombudsman
33 Section 13 of
the Ombudsman Act, R.S.B.C. 1996, c. 340, is amended by adding the following
paragraphs:
(g) the complainant has abandoned the complaintSECTION 34
(i) by failing to advise the Ombudsman of a current address or telephone number at which the Ombudsman can contact him or her, or(h) the complaint is withdrawn by the complainant by notice to the Ombudsman;
(ii) by failing to respond after a reasonable number of attempts by the Ombudsman to contact him or her in writing or verbally;
(i) the complaint is settled under section 14.
34 Section 22 is repealed and the following substituted:
22 (1) If the Ombudsman decides(a) not to investigate or further investigate a complaint under section 13, or (b) at the conclusion of an investigation, that the complaint has not been substantiated,the Ombudsman must(c) record the decision in writing, and (d) as soon as is reasonable, notify both the complainant and the authority of the decision and the reasons for it.(2) The reasons provided under subsection (1) (d) with respect to a decision referred to in subsection (1) (b) must be in writing. (3) The Ombudsman may indicate with the notification under subsection (1) (d) any other recourse that may be available to the complainant.
[This section was AMENDED by BC Reg 23/98 before being RE-ENACTED by 2000-26-34.]
PENSION STATUTES AMENDMENT ACT
SECTIONS 3(a) and 3(b)
Ombudsman
3 Section 5 of the Ombudsman Act, R.S.B.C. 1996, c. 340, is amended
(a) in subsection (1) by striking out "subsections (2) and (3)," and substituting "subsection (2),", and
(b) by repealing subsection (3).
[This subsection BEFORE repealed by 2003-62-3(b): 3) Despite the accrual of 35 years of pensionable service, contributions to the Public Service Pension Plan must continue for each additional year of service up to 35 years of contributory service.]
POLICE ACT
SECTION 72
Ombudsman
72 The Ombudsman Act does not apply to this Act or the regulations
SBC 1988-53-72.
PUBLIC SERVICE AMENDMENT ACT
SECTION 21
Ombudsman
21 Section
8(3)(b) of the Ombudsman Act, R.S.B.C. 1996, c. 340, is amended by striking out
"the Public Service Employee Relations Commission" and substituting
"the BC Public Service Agency".
[This section BEFORE amended by 2003-88-21: (b) the
services provided to the Ombudsman by the Public Service Employee Relations
Commission]
PUBLIC SERVICE PENSION PLANS ACT
SECTION 89
Ombudsman
89 Section 5 of the Ombudsman Act, R.S.B.C. 1996, c. 340, is repealed and the following substituted:
Pension
5(1) Subject to subsections (2) and (3), the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to the Ombudsman.(2) When calculating the amount of a pension under the Public Service Pension Plan, each year of service as Ombudsman must be counted as 1 1/2 years of pensionable service.
(3) Despite the accrual of 35 years of pensionable service, contributions to the Public Service Pension Plan must continue for each additional year of service up to 35 years of contributory service.
[This section BEFORE repealed by 1999-44-89:
Pension
5 (1) Subject to this section, the Pension (Public Service) Act applies to the Ombudsman.](2) An Ombudsman who retires, is retired or removed from office after at least 10 years service must be granted an annual pension payable on or after reaching age 60.
(3) If an Ombudsman who has served at least 5 years is removed from office due to physical or mental disability, section 22 of the Pension (Public Service) Act applies and the Ombudsman is entitled to a superannuation allowance commencing on the first day of the month following removal from office.
(4) If an Ombudsman who has served at least 5 years dies in office, section 26 of the Pension (Public Service) Act applies and the surviving spouse is entitled to a superannuation allowance commencing on the first day of the month following the death.
(5) For calculating the amount of a superannuation allowance under this section each year of service as Ombudsman must be counted as 1 1/2 years of pensionable service.
(6) Subsection (5) does not apply to the calculation under section 9 (9) of the Pension (Public Service) Act.
SCHOOL
AMENDMENT ACT
SBC 1997, CHAPTER 52
SECTION 58
Ombudsman
58 The
Schedule to the Ombudsman Act, R.S.B.C. 1996, c. 340, is amended by adding the
following:
21.1 Francophone education authorities as defined in the School Act and francophone schools operated by francophone education authorities.
THOMPSON
RIVERS UNIVERSITY ACT
SBC 2005, CHAPTER 17
SECTION 23
Ombudsman
23 The
Schedule to the Ombudsman Act, R.S.B.C. 1996, c. 340, is amended by adding the
following:
23.1 The Thompson Rivers University.
VICTIMS OF CRIME ACT
SECTION 12
Ombudsman
12 (1) The Ombudsman Act applies to this Act.
(2) Despite subsection (1), the Ombudsman must refuse to investigate the appropriateness of a decision by a member of the Criminal Justice Branch of the Ministry of Attorney General, or a special prosecutor as described in section 7 of the Crown Counsel Act,
(a) to approve the prosecution of an offence,
(b) to decline to approve the prosecution of an offence,
(c) to delay proceeding with the prosecution of an offence,
(d) to stay the prosecution of an offence,
(e) to conduct or decline to conduct an appeal or other proceeding in respect of an offence, or(f)to exercise any other aspect of prosecutorial discretion.
SBC 1995-47-13.
WATER,
LAND AND AIR PROTECTION
STATUTES AMENDMENT ACT
SBC 2003, CHAPTER 90
SECTION 13
Ombudsman
13 Section 13
of the Schedule to the Ombudsman Act, R.S.B.C. 1996, c. 340, is repealed and
the following substituted:
13 The Cultus Lake Park Board.
[This section BEFORE amended by 2003-90-13: Regional parks boards established under the Parks (Regional) Act and the Cultus Lake Park Board.]
PROVISIONS IN FORCE (1996 to present)
REGULATIONS AND ORDERS IN COUNCIL (OIC)
The Ombudsman Act, RSBC 1996 c.340, is amended
(a) by repealing section 22(a) and substituting the following
(a) must as soon as is reasonable notify, in writing, both the complainant
and the authority of that decision and the reasons for it, and,
(b) in section 3(b) of the Schedule by striking out
"of British Columbia" and substituting "of the
government".
The following authority is added to the list of authorities in the schedule to the Ombudsman Act
30 The Technical University of British Columbia.
The following authority is added to the list of authorities in the schedule to the Ombudsman Act
32 The Business Practices and Consumer Protection Authority established under the Business Practices and Consumer Protection Authority Act.
The following are added to the list of authorities in the schedule to the Ombudsman Act
Municipal Pension Board of Trustees
Teachers' Pension Board of Trustees
Public Service Pension Board of Trustees
College Penion Board of Trustees
The British Columbia Safety Authority established under the Safety Authority Act is added to the schedule of the Ombudsman Act as an authority.