Other legislation affecting the Ombudsperson
Act, RSBC 1996, C. 340
ADVANCED EDUCATION
STATUTES
AMENDMENT ACT
SBC 2002, CHAPTER 35
SECTION 11
Ombudsman Act
11
Section 30 of the Schedule to the Ombudsman Act, R.S.B.C. 1996, c.
340, is repealed.
[Section 30 BEFORE amended by 2002-35-11:
Technical University of British Columbia]
BUDGET MEASURES
IMPLEMENTATION ACT
SBC 1999, CHAPTER 3
SECTION 14
14
Section 122 is amended by striking out number "30." of the section
being enacted and substituting "31."
COASTAL FERRY ACT
SBC 2003, CHAPTER 14
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,
CONSEQUENTIAL AMENDMENTS AND OTHER AMENDMENTS ACT,
SBC 2003, CHAPTER 52
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c. 340, are repealed and the following substituted: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.]
FLOOD HAZARD STATUTES
AMENDMENT 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.]
FREEDOM OF INFORMATION AND
PROTECTION
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
SBC 1998, CHAPTER 30
SECTION 122
Ombudsman Act
122 The
Schedule to the Ombudsman Act, R.S.B.C. 1996, c. 340, is amended by
adding the following:
31.
The Greater Vancouver Transportation Authority established under the
Greater Vancouver Transportation Authority Act.
[please note: 1998-30-122 assigned this amendment as
section 30 of the Ombudsman Act schedule by mistake. It should
read section 31 (see SBC 1999-3-14). ]
HEALTH AUTHORITIES
AMENDMENT ACT
SBC 2002, CHAPTER 61
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 ACT
RSBC 1996, CHAPTER 323
Part 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
SBC 1998, CHAPTER 34
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 complaint
(i) by failing to advise the Ombudsman of a current address or
telephone number at which the Ombudsman can contact him or her, or
(ii) by failing to respond after a reasonable number of attempts
by the Ombudsman to contact him or her in writing or verbally;
(h) the complaint is withdrawn by the complainant by notice to the
Ombudsman;
(i) the complaint is settled under section 14.
SECTION 34
34 Section 22 is repealed
and the following substituted:
If investigation is refused or discontinued or complaint is not
substantiated
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
SBC 2003, CHAPTER 62
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
RSBC 1996, CHAPTER 367
SECTION 72
Ombudsman
72 The Ombudsman Act does not
apply to this Act or the regulations
SBC 1988-53-72.
PUBLIC SERVICE AMENDMENT
ACT
SBC 2003, CHAPTER 88
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
SBC 1999, CHAPTER 44
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
RSBC 1996, CHAPTER 478
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)
BC Reg. 23/98 (OIC 71/1998)
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".
OIC 124/1998
The following authority is added to the list of
authorities in the schedule to the Ombudsman Act
30 The Technical University of British Columbia.
OIC 648/2004
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.
OIC 763/2004
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
OIC
1094/2004
The British Columbia Safety Authority established
under the Safety Authority Act is added to the schedule of the
Ombudsman Act as an authority.
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