Ombud Act

(1) The Commissioner, on the recommendation of the Legislative Assembly, shall appoint an Ombud as an officer of the Legislative Assembly who is responsible for exercising the powers and performing the duties set out in this Act. SNWT 2020,c.13, s.7(2),(3).

(2) Repealed, SNWT 2020,c.13,s.7(3).

(1) Subject to section 6, the Ombud holds office during good behaviour for a term of five years.

(2) A person may be reappointed as Ombud for subsequent terms.

(3) A person holding office as Ombud continues to hold office after the expiry of the person’s term of office until the earliest of the following occurs:

(1) The Ombud may resign at any time by notifying the Speaker in writing or, if the Speaker is absent or unable to act or the office of the Speaker is vacant, by notifying the Clerk in writing.

(2) The Commissioner, on the recommendation of the Legislative Assembly, may, for cause or incapacity, suspend the Ombud with or without remuneration or remove the Ombud from office.

(3) If the Legislative Assembly is not sitting, the Speaker, on the recommendation of the Board of Management, may, for cause or incapacity, suspend the Ombud with or without remuneration, and the suspension remains in effect until the earliest of the following occurs:

SNWT 2020,c.13, s.7(4).

(1) If the Ombud is suspended or removed under subsection 6(2), the Commissioner, on the recommendation of the Legislative Assembly, shall appoint an acting Ombud to hold office until the earliest of the following occurs:

(2) If the Ombud is suspended under subsection 6(3), the Speaker, on the recommendation of the Board of Management, shall appoint an acting Ombud to hold office until the earliest of the following occurs:

(3) If the Ombud has resigned or is temporarily absent or unable to perform the duties of the Ombud, the Speaker, on the recommendation of the Board of Management, may appoint an acting Ombud to hold office until the earliest of the following occurs:

(4) An appointment as acting Ombud does not preclude a person from subsequently being appointed as Ombud under section 4. SNWT 2020,c.13, s.7(5),(6),(7).

(1) If, for any reason, the Ombud determines that the Ombud should not act in respect of any particular matter under this Act, the Speaker, on the recommendation of the Board of Management, may appoint a special Ombud to act in the place of the Ombud in respect of that matter.

(2) A special Ombud holds office until the conclusion of the matter in respect of which the special Ombud has been appointed. SNWT 2020,c.13, s.7(5).

(1) The Ombud is entitled to rights, privileges and benefits, including remuneration and pension benefits, similar to the entitlements of Assistant Deputy Ministers.

(2) The Ombud is deemed a member of the public service for the purpose of pension benefits.

(3) The Ombud is entitled to reimbursement for travel and other expenses incurred in the performance of the duties of the Ombud, similar to the types and rates set out in Government of the Northwest Territories policies and guidelines applicable to such expenses. SNWT 2020,c.13, s.7(8).

(1) The Ombud may, with the prior approval of the Speaker, hold another public office or carry on a trade, business or profession, but may not hold a position as a member of the public service.

(2) The Ombud is not eligible to be nominated for election, to be elected or to sit as a member of the Legislative Assembly. SNWT 2020,c.13, s.7(9).

(1) The Ombud may employ any person whom the Ombud considers necessary for the effective and efficient operation of the office of the Ombud.

(2) Persons employed under subsection (1) are members of the public service to whom the Public Service Act applies.

(3) The Ombud may, from time to time, engage the services of any person whom the Ombud considers necessary to assist in the effective and efficient operation of the office of the Ombud. SNWT 2020,c.13, s.7(10).

(1) Before commencing the duties of office, the Ombud shall take an oath, administered by either the Speaker or Clerk, undertaking to faithfully and impartially exercise the powers and perform the duties of the Ombud and to not disclose any information received under this Act except in accordance with this Act.

(2) A person employed in the office of the Ombud under subsection 12(1) shall take an oath, administered by the Ombud, undertaking to not disclose any information received by that person under this Act except in accordance with this Act.

(2.1) The Ombud may require a person engaged under subsection 12(3) to take an oath, administered by the Ombud, undertaking to not disclose any information received by that person under this Act except in accordance with this Act.

(3) The form of oaths required under this section shall be dictated by the Speaker. SNWT 2020,c.13, s.7(11),(12).

(1) The Ombud shall submit annually to the Board of Management in respect of each upcoming financial year, an estimate of the sum that will be required to defray the expenses of the office of the Ombud for that fiscal year.

(2) The Ombud may submit a special request to the Board of Management if the Ombud believes the amount provided for the office of the Ombud in the estimate is inadequate to enable the Ombud to fulfill the mandate of the office.

(1) The mandate of the Ombud is to investigate any decision or recommendation made, or any act done or omitted to be done by an authority or by officers, employees or members of an authority in the exercise of their powers or duties, that

(2) An investigation may be commenced on a complaint or on the Ombud’s own initiative.

(3) The powers and duties conferred on the Ombud by this Act may be exercised or performed despite any provision in an Act to the effect that a decision, recommendation, act or omission is final, may not be challenged, reviewed, quashed or called into question, or is not subject to appeal.

(4) The Ombud may try to resolve any problem raised in a complaint through the use of negotiation, conciliation, mediation or other non-adversarial approaches.

(5) The Ombud may become involved in public education for the purpose of informing the public about the principles of administrative fairness and the powers and duties of the Ombud. SNWT 2023,c.10,s.3.

(1) The Legislative Assembly or a Standing Committee may at any time refer a matter to the Ombud for investigation and report, and the Ombud may

(2) A municipality or an Aboriginal government may at any time refer a matter relating to the administration of that body, to the Ombud for investigation and report, and the Ombud may

(3) The costs and expenses incurred by the Ombud relating to an investigation and report carried out under subsection (2) shall be paid by the municipality or Aboriginal government that referred the matter to the Ombud.

(4) Sections 33 through 37 do not apply in respect of an investigation or report made under this section.

(1) The Ombud shall not investigate any decision, recommendation, act, order or omission

(2) Notwithstanding paragraph (1)(d), the Ombud may investigate a decision, recommendation, act or omission in respect of which there is, under an Act, a right of appeal or objection, or a right to apply for a judicial review, if the Ombud is satisfied that in that particular case it would have been unreasonable to expect, or have expected, the complainant to have pursued that recourse, and the time for the exercise of that right to appeal, object or apply has expired.

(3) The Ombud may investigate any decision, recommendation, act, order or omission within the Ombud’s mandate, that occurred on or after April 1, 1999.

(3.1) Notwithstanding subsection (3), the Ombud may examine records that predate April 1, 1999 if those records relate to a decision, recommendation, act, order or omission within the Ombud’s mandate, the substance of which occurred after that date.

(4) If a question arises about the Ombud’s jurisdiction to investigate a case or class of cases under this Act, the Ombud may apply to the Supreme Court of the Northwest Territories for a declaratory order determining the question. SNWT 2023,c.10,s.4.

(1) The Ombud, every employee of the Ombud and every person engaged by the Ombud under a contract for professional services shall, subject to this Act, maintain confidentiality in respect of all matters that come to their knowledge in the exercise of their powers or the performance of their duties under this Act.

(2) Notwithstanding subsection (1), the Ombud may disclose, or authorize an employee to disclose, a matter that the Ombud considers is necessary to establish grounds for conclusions and recommendations made in a report under this Act.

(1) The Ombud may, in writing, delegate to a person or class of persons any of the Ombud’s powers or duties under this Act, except the power

(2) A delegation made under subsection (1) is revocable at will and does not prevent the Ombud from exercising the delegated power at any time.

(3) A delegation made under subsection (1) by an Ombud who ceases to hold office continues in effect until the delegate ceases to hold office or the delegation is revoked by a succeeding Ombud.

(4) A person purporting to exercise a power or perform a duty of the Ombud through a delegation made under subsection (1) shall, when requested to do so, produce evidence of the person’s authority to do so. COMPLAINTS, INVESTIGATIONS,

(1) A complaint under this Act may be made by a person or group of persons.

(2) A person making a complaint to the Ombud shall

(3) The Ombud may require that the complaint be made in writing if the Ombud considers it to be warranted in the circumstances.

(1) In this section, "restricted complainant" means a person who is

(2) If a letter written by or on behalf of a restricted complainant is addressed to the Ombud, the person in charge of the institution, hospital or facility or the person having custody of the complainant, shall immediately forward the communication, unopened, to the Ombud.

(3) A letter from the Ombud to a restricted complainant shall immediately be forwarded, unread, to that person.

(4) This section applies notwithstanding any other enactment.

(1) The Ombud may refuse to investigate or cease investigating a complaint if

(2) If the Ombud refuses to investigate or ceases investigating a complaint, the Ombud shall, as soon as is reasonable, notify the complainant of the decision, with reasons, and of any other recourse that may be available to the complainant.

(3) In addition to the notice required under subsection (2), if the Ombud refuses to investigate or ceases investigating a complaint after giving notice to an authority under subsection 24(1), the Ombud shall, as soon as is reasonable, notify the authority of the decision, with reasons. SNWT 2023,c.10,s.5.

(1) Before investigating any matter, the Ombud shall notify

(1.1) If a matter involves an authority established as a result of an agreement with an Indigenous Government, the Ombud shall also provide notice under subsection (1) to the relevant Indigenous Government.

(2) Notice sent under subsection (1) must

(3) The Ombud may, at any time during or after an investigation, consult with the administrative head in order to attempt to settle the complaint, or for any other purpose.

(4) On the request of a Minister or administrative head, the Ombud shall consult with that Minister or administrative head after conducting an investigation and before forming a final opinion respecting the matter being investigated.

(5) If, during or after an investigation, the Ombud is of the opinion that there is evidence of any breach of duty or misconduct on the part of any officer or employee of any authority, the Ombud shall refer the matter to the administrative head of the authority and may continue with the ongoing investigation.

(6) If, during or after an investigation, the Ombud is of the opinion that there is evidence of any breach of duty or misconduct on the part of the administrative head of an authority, the Ombud shall refer the matter to such other person as the Ombud deems appropriate and may continue with the ongoing investigation. SNWT 2023,c.10,s.7.

(1) The Ombud may make inquiries and receive and obtain information from any person, and in any manner, that the Ombud considers appropriate and, at the Ombud’s discretion, may hold hearings.

(2) Without restricting subsection (1), but subject to this Act, the Ombud may do one or more of the following acts:

(3) Before entering any premises under paragraph (2)(a), the Ombud shall notify the administrative head of the Ombud’s intention to do so.

(1) The Ombud is not required to hold a hearing into a complaint and no person is entitled as of right to be heard by the Ombud.

(2) Notwithstanding subsection (1), if at any time the Ombud is of the opinion that sufficient grounds exist to make a report or recommendation in respect of any matter which may adversely affect any authority, the Ombud shall, before deciding the matter,

(1) The Ombud shall not enter any premises and shall not require any information or answer to be given or any document or thing to be produced if the Minister of Justice is of the opinion that entering the premises, giving the information, answering the question or producing the document or thing might

(2) The Ombud shall report to the Legislative Assembly not later than in the Ombud’s next annual report each instance where the Minister of Justice forms an opinion under subsection (1).

(3) If the Minister of Justice forms an opinion under subsection (1) and the Ombud is of the view that it is nonetheless necessary to take an action prevented by the Minister, the Ombud may apply to a judge of the Supreme Court of the Northwest Territories for a determination in respect of such action.

(4) A judge may make an order under subsection (3) if the judge is satisfied that the action at issue would not be prejudicial to the public interest.

(5) In the event of a conflict between this section and section 29, this section prevails to the extent of the conflict.

(1) A rule of law that authorizes or requires the withholding of a document or thing, or the refusal to disclose a matter in answer to a question, on the ground that the production or disclosure would be injurious to the public interest does not apply to production of the document or thing or the disclosure of the matter to the Ombud.

(2) Subject to subsection (4), a person who is bound by the provisions of any Act to maintain confidentiality in respect of any matter shall not be required to supply any information to or answer any question put by the Ombud in relation to that matter, or to produce to the Ombud any document or thing relating to that matter, if compliance with that requirement would be in breach of the obligation of confidentiality.

(3) Notwithstanding subsection (2), if a person is bound to maintain confidentiality in respect of a matter only because of an oath made under the Public Service Act, the person shall disclose the information, answer questions and produce documents or things on the request of the Ombud.

(4) After receiving a complainant’s consent in writing, the Ombud may require a person described in subsection (2) to supply information, answer any question or produce any document or thing required by the Ombud that relates only to the complainant, and that person shall comply with that requirement.

(1) A person required to attend before the Ombud under paragraph 26(2)(d) is entitled to be paid by the Ombud the same fees, allowances and expenses as are payable to a witness in an action in the Supreme Court of the Northwest Territories.

(2) A person who incurs expenses in complying with a request of the Ombud for the production of documents or other information may be reimbursed by the Ombud for those reasonable expenses that are not covered under subsection (1).

(1) If, on completing an investigation, the Ombud is of the opinion that one of the following circumstances exists, the Ombud shall report that opinion and the reasons for that opinion to the administrative head of the authority and the Minister responsible for the authority, as well as the relevant Indigenous Government, if applicable, and may make recommendations the Ombud considers appropriate:

(2) Without restricting subsection (1), the Ombud may recommend that

(3) The Ombud shall in every case inform the complainant within a reasonable time of the result of the investigation. SNWT 2023,c.10,s.8.

(1) After considering a response made by an authority under paragraph 34(b), the Ombud may, if the Ombud believes it advisable, modify or further modify the recommendation, and, on doing so, shall report the recommendation as modified to both the Minister and administrative head of the responsible authority.

(1.1) If a matter involves an authority established as a result of an agreement with an Indigenous Government, the Ombud shall report the recommendation as modified under subsection (1) to the relevant Indigenous Government.

(2) If a modified recommendation is made under subsection (1), the Ombud may request the authority to notify the Ombud

SNWT 2023,c.10,s.9.

(1) If, within a reasonable time after a recommendation is made under sections 33 or 35, no action is taken that in the opinion of the Ombud is adequate or appropriate, the Ombud may submit a report to the Premier and the Legislative Assembly.

(2) The Ombud shall

(1) On receiving a recommendation under subsection 33(2), an authority may

(2) If a matter is reconsidered under subsection (1), the provisions of the enactment governing the original decision or recommendation apply to the reconsideration.

(3) This section applies notwithstanding any provision in any Act to the effect that

(1) No investigation, proceeding, report or recommendation of the Ombud may be challenged, reviewed, quashed or called into question by a court, except on the ground of lack of jurisdiction.

(2) No action or proceeding may be brought against the Ombud, or any person having powers or duties under this Act, for anything done or not done by that person in good faith in the exercise or performance of that person’s powers and duties under this Act.

(3) Neither the Ombud or any employee of the Ombud, or any person engaged by the Ombud under a contract for professional services is competent or compellable to give evidence in any court or in any proceeding of an administrative, judicial or quasi- judicial nature with respect to anything coming to that person’s knowledge in the exercise or performance of that person’s powers and duties under this Act.

(4) Subject to section 29, a person has the same privileges in relation to giving information, answering questions or producing documents or things to the Ombud as the person would have with respect to a proceeding in a court.

(1) The Legislative Assembly may make general rules to guide the Ombud in the exercise of the powers and the performance of the duties of the Ombud.

(2) Subject to this Act, any rules made under subsection (1), and any administrative policies of the Clerk, the Ombud

(1) The Ombud shall prepare and submit to the Speaker an annual report, no later than July 1, on the activities of the Ombud’s office and the exercise of the powers and the performance of the duties of the Ombud during the preceding fiscal year.

(2) The Speaker shall table the annual report before the Legislative Assembly as soon as is reasonably practicable.

(3) The Ombud may, if the Ombud is of the opinion it is in the public interest or in the interest of a person or authority, make a special report to the Legislative Assembly or publish reports relating generally to the exercise of the Ombud’s duties under this Act or to a particular case investigated by the Ombud.

(1) No person shall discharge, suspend, expel, intimidate, coerce, evict, impose any pecuniary or other penalty on, or otherwise discriminate against another person because that person complains, gives evidence or otherwise assists in the investigation, inquiry or reporting of a complaint or other proceeding under this Act.

(2) No person shall

(3) Every person who contravenes subsections (1) or (2) is guilty of an offence and liable, on summary conviction, to a fine not exceeding $5000.

(4) Every person who contravenes a provision of this Act for which no specific punishment is provided, is guilty of an offence and liable, on summary conviction, to a fine not exceeding $500.