Ombudsman Act

According to section 14(5) of the Ombudsman Act, R.S.O. 1990, c. O.6, the Ombudsman, if he has any question as to whether he/his office has jurisdiction over any case or class of cases (CAS cases or the entire MUSH SECTOR) he can apply to Divisional Court for a declaratory order to determine the question.

If the Ombudsman were to hire lawyers, the main issue for the lawyers to keep in mind is that under "Administrative Law", no governmental body can absolve itself of responsibility 100% by sub-delegating its duty to someone else. Ultimately the Government is still responsible.

IE: The Ministry of Children and Youth Services is responsible for the decisions of a CAS because the Ministry can not wash its hands of its own responsibility or duty by sub-delegating its work to another body.

The principal I am talking about is evidenced or demonstrated in the Terms of Reference of the Legislative Assembly's Standing Committee on Social Policy. The Terms of Reference clearly state that it "is empowered to study and report on all matters relating to the mandate, management, organization or operation of the ministries and offices which are assigned to it as well as the agencies, boards and commissions reporting to such ministries and offices. These studies are conducted according to either Standing Order 110 or 125"

Those two standing orders -- 110 and 125 read as follows:


Standing Order 110:


Under Standing Order 110, the policy field committees may conduct relatively unlimited studies. The only restriction is that the study must relate to a ministry assigned to that committee. The subject-matter and duration of the study are left to the committee to decide. This Standing Order is usually used when the committee agrees on what it wishes to study.

Standing Order 125:


Once in each Session, each member (including the Chair), of the Standing Committee on General Government, the Standing Committee on Justice Policy and the Standing Committee on Social Policy is entitled to propose a matter to be considered by their particular committee. The matter must relate to the mandate, management, organization or operation of the ministries and offices assigned to the committee as well as the agencies, boards and commissions reporting to such ministries and offices (this list is found as an appendix to the Standing Orders).

The proposal of a member under this Standing Order must be adopted by at least two-thirds of the members of the committee, excluding the Chair.

A study by the committee under the terms of this Standing Order cannot take precedence over consideration of a government public bill.

The committee may present a substantive report to the House and may adopt the text of a draft bill on the subject matter.

At least one Sessional day, or three hours, of debate, will be allowed on the bill in the House at a time decided upon by the House Leaders of the recognized Parties.