Letter to Independent Review Authority Attachment 2

Ombuds Organizations in the Federal Public Sector

Below are three comparative charts:

 

Comparative Chart #1: Federal Ombudsman Institutions in Canada

The organizations in this chart are classic Ombudsman Offices. They are:

  1. Mostly created through legislation;
  2. The Ombudsman is appointed through Order-in-Council;
  3. Independent;
  4. Impartial;
  5. Handle complaints by individuals;
  6. Have investigative powers
  7. Apply principles of procedural fairness;
  8. Examine whether individuals are treated fairly by government organizations

NAME OF ORGANIZATION

MECHANISM FOR ESTABLISHMENT

YEAR ESTABLISHED

WHY THE INSTITUTION WAS ESTABLISHED

MANDATE

REPORTING STRUCTURE

DND/CAF Ombudsman

Ministerial Directives and Defence Administrative Orders and Directives

1998

Established in response to the findings of the 1997 Somalia Commission Report, to increase openness and transparency in the CAF and DND and to ensure the fair treatment of concerns raised by members of the defence community

Investigates complaints and serves as a neutral third party on matters related to DND and the CAF.

Direct source of information, referral, and education for CAF members and DND employees and their families.

Reports to the Minister of National Defence

Office of Procurement Ombudsman

Department of Public Works and Government Services Act

2008

Created in response to the sponsorship scandal and the Gomery Commission, to make government more accountable to the public.

Reviews procurement practices across government to ensure fairness and transparency, makes recommendations for the improvement of those practices, and investigates complaints.

Reports to the Minister of Public Services and Procurement Canada

Office of the Correctional Investigator

Corrections and Conditional Release Act, Part III

1973

Established on the recommendation of an Inquiry into the 1971 riot at Kingston Penitentiary.

Investigates and brings resolution to individual offender complaints.

Reports to the Minister of Public Safety and Emergency Preparedness

Office of the Veterans’ Ombudsman

Order-in-Council

2007

Established in response to a 2007 report of the Standing Committee on Veterans Affairs.

Makes recommendations to the Minister of Veterans Affairs about complaints related to the Veterans Bill of Rights.

Reviews systemic issues related to the Veterans Review and Appeal Board.

Reports to the Minister of Veterans Affairs

Canadian Ombudsperson for Responsible Enterprise

Order-in-council

2018

Established in response to numerous cases of Canadian corporate misconduct in the resources sectors abroad.

Reviews claims of alleged human rights abuses arising from the operations of Canadian companies abroad in the mining, oil and gas, and garment sectors

Reports to the Minister for International Trade

Office of the Federal Ombudsman for Victims of Crime

Order-in-Council

2007

Established in response to a growing victims’ rights movement and as part of the government’s Tackling Crime priorities.

Facilitates access of victims to existing federal programs and services by providing them with information and referrals. Addresses complaints of victims.

Reports to the Minister of Justice

Taxpayers’ Ombudsman

Order-in-Council

2008

Established to uphold taxpayer service rights in the Taxpayer Bill of Rights, which was created to increase the accountability of transparency of Canada Revenue Agency.

Reviews service-related complaints about the CRA and upholds the Taxpayer Bill of Rights.

Final level of review in the CRA complaint resolution process.

Reports to the Minister of National Revenue

Comparative Chart #2 - Similar Agencies

The following organizations, while not called Ombudsman organizations, have the following fundamental characteristics of Ombudsman organizations:

  1. Created through legislation;
  2. The Commissioner/Ombudsman is appointed through Order-in-Council;
  3. Independent;
  4. Impartial;
  5. Handle complaints by individuals;
  6. Have investigative powers;
  7. Apply principles of procedural fairness;
  8. Examine whether individuals are treated fairly by government organizations.

NAME OF ORGANIZATION

MECHANISM FOR ESTABLISHMENT

YEAR ESTABLISHED

WHY THE INSTITUTION WAS ESTABLISHED

MANDATE

REPORTING STRUCTURE

Canadian Human Rights Commission

Canadian Human Rights Act

1977

Established in response to a public demand for explicit human rights protections following the Second World War.

Investigates complaints of discrimination under the Canadian Human Rights Act.

Reports to the Minister of Justice and Attorney General of Canada

Civilian Review and Complaints Commission for the RCMP

Royal Canadian Mounted Police Act

1988; 2013

Established in response to public demand in 1988.

Strengthened in 2013 following a series of high-profile cases of RCMP misconduct, as well as a 2004 report on the role of Canadian authorities in the Maher Arar case.

Reviews complaints and conducts reviews to ensure that the activities of the RCMP are carried out in accordance with the Royal Canadian Mounted Police Act.

Reports to the Minister of Public Safety and Emergency Preparedness

Military Police Complaints Commission

National Defence Act

1999

Established in response to the 1997 report of the Special Advisory Group on Military Justice and Military Police Investigations (Dickson Report).

Reviews and investigates complaint decisions about the conduct of military police and interferences in investigations.

Reports to the Minister of National Defence

National Security and Intelligence Review Agency

National Security and Intelligence Review Agency Act

2019

Established to replace the now-defunct Security Intelligence Review Committee, following the 2014 terrorist attacks in Ottawa and Saint-Jean-sur-Richelieu, as well as ensuing inquiries and public consultations.

Reviews activities carried out by the Canadian Security Intelligence Service and the Communications Security Establishment.

 Investigates complaints related to these organizations.

Reports to the Prime Minister

Office of the Commissioner of Lobbying

Lobbying Act

2006

Established in responses to the recommendations of the Gomery Commission.

Establishes and maintains a registry for records of all returns and other documents submitted to the Commissioner under the Lobbying Act.

Conducts investigations where necessary to ensure compliance with the Lobbyists’ Code of Conduct and the Lobbying Act.

Reports to Parliament

Office of the Commissioner of Official Languages

Official Languages Act

1970

Established in response to the recommendations of the Royal Commission on Bilingualism and Biculturalism, following the Quiet Revolution and public outrage at anti-francophone statements by the CEO of CNR.

Reviews regulations or directives that affect or may affect the status or use of the official languages.

Investigates complaints relating to official languages.

Reports to Parliament

Office of the Chief Electoral Officer

Canada Elections Act

1920

Established in response to the manipulation of the electoral process for partisan purposes in the midst of the First World War.

Exercises general direction and supervision over the conduct of elections. Ensures that all election officers act with fairness and impartiality.

 Conducts investigations, either on their own initiative or in response to a complaint of non-compliance with the Canada Elections Act.

Reports to Parliament

Office of the Public Sector Integrity Commissioner

Public Servants Disclosure Protection Act

2007

Established in response to the 2003 November Report of the Auditor General of Canada and the findings of the Gomery Commission.

Investigates disclosures of wrongdoing and complaints about reprisals under the Public Servants Disclosure Protection Act.

Reports to Parliament

Office of the Information Commissioner of Canada

Access to Information Act

1983

Created in response to the vast post-war expansion in government and the consequent increase in the amount of information the government collects.

Conducts investigations into complaints about federal institutions’ handling of access to information requests.

Reports to Parliament

Office of the Privacy Commissioner of Canada

Privacy Act

1977

Created in response to the vast post-war expansion in government and the consequent increase in the amount of information the government collects.

Oversees compliance and investigates complaints related to the Privacy Act and the Personal Information Protection and Electronic Documents Act.

Reports to Parliament

RCMP External Review Committee

Royal Canadian Mounted Police Act

1986

Established in response to the 1976 Commission of Inquiry Relating to Public Complaints, Internal Discipline and Grievance Procedure within the Royal Canadian Mounted Police.

Reviews appeals of RCMP management decisions (e.g. dismissals). And provides findings and recommendations.

Reports to Parliament

Chart #3 – Internal Departmental Ombudsman Offices

The organizations listed below are called Ombudsman Offices, but they do not share the fundamental characteristics of classic Ombudsman Offices. The Internal Departmental Ombudsman Offices have the following characteristics:

  • The Ombudsman Office is not created by legislation. Instead, it is created by the department or organizations through internal policies;
  • Most were created in response to a report from the former Clerk of the Privy Council recommending the creation of Ombudsman programs in departments;
  • The Ombudsman is not appointed through an Order in Council. Instead the Ombudsman is hired internally as an employee and typically is a Director (EX-01) or Manager of Values and workplace ethics;
  • The Ombudsman Office is not truly independent as the Ombudsman is part of the chain of command.
  • The Ombudsman does not have investigative powers.
  • Low or no confidentiality protection usually means that contacts and communications are not documented.

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2021-03-23