Bill C-222
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2nd Session, 36th Parliament, 48 Elizabeth II, 1999
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The House of Commons of Canada
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BILL C-222 |
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An Act to establish the office of First Nations
Ombudsman to investigate complaints
relating to administrative and
communication problems between
members of First Nations communities
and their First Nation and between First
Nations, allegations of improper
financial administration and allegations
of electoral irregularities
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Short title
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1. This Act may be cited as the First Nations
Ombudsman Act.
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Definitions
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2. The definitions in this section apply in
this Act.
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``Depart- ment'' « ministère »
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``Department'' means the Department of
Indian Affairs and Northern Development;
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``Minister'' « ministre »
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``Minister'' means the Minister of Indian
Affairs and Northern Development;
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``Ombuds- man'' « ombuds- man »
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``Ombudsman'' means the person holding the
office of First Nations Ombudsman
established pursuant to section 3;
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``Standing
Committee'' « comité permanent »
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``Standing Committee'' means the standing
committee of the House of Commons
appointed by the House to deal with matters
related to Aboriginal affairs.
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Office
established
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3. (1) There is hereby established the office
of First Nations Ombudsman.
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Function of
office
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(2) The function of the Ombudsman is
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Appointment
and term
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4. (1) The Governor in Council shall
appoint an Ombudsman recommended by the
Minister from a list of persons nominated by
the Standing Committee after the Committee
has received representations from the First
Nations communities.
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Removal
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(2) The Ombudsman holds office during
good behaviour for a term of five years, but
may be
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Acting
Ombudsman
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(3) In the event of the absence, incapacity or
suspension of the Ombudsman, the Governor
in Council may on the recommendation of the
Minister appoint another person to act as
Ombudsman until the Ombudsman returns,
the suspension is terminated or another
Ombudsman is appointed, as the case may be.
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Not more than
two terms
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(4) No person may serve more than two
terms as Ombudsman.
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Remunera- tion
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(5) The Ombudsman shall receive such
remuneration, benefits and reimbursement of
expenses as is ordered by the Governor in
Council.
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Part of Public
Service
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(6) The office of the Ombudsman is a part
of the public service of Canada.
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Staff
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(7) The Ombudsman may hire, under the
Public Service Employment Act, such officers
and staff as are necessary to carry out the
purposes of this Act.
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COMPLAINTS AND INVESTIGATIONS |
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Complaints
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5. (1) Any member of a First Nations
community who
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may make a complaint to the Ombudsman,
specifying the grounds for the complaint.
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Investigations
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(2) The Ombudsman shall investigate those
complaints received pursuant to subsection
(1) that show reasonable grounds to believe
that
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Cooperation
by First
Nation
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(3) Every First Nation that is the subject of
an investigation under subsection (2) shall
cooperate with the Ombudsman and provide
such assistance and facilities as the
Ombudsman requests to facilitate the
investigation.
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Information
from
department
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(4) For the purposes of an investigation
under subsection (2), the Ombudsman may
request information from the First Nation that
is relevant to the complaint being investigated
and the First Nation shall provide the
information requested.
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Assistance
from Chief
Electoral
Officer
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(5) For the purposes of an investigation
under paragraph (2)(c), the Ombudsman may
request advice or assistance from the Chief
Electoral Officer appointed pursuant to the
Canada Elections Act and the Officer shall
provide such advice and assistance as the
Officer considers appropriate.
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Report
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(6) The Ombudsman may attempt to
mediate a settlement of the matter between the
complainant and the person complained of
and if the matter is not settled to the
satisfaction of the Ombudsman or the
complainant, the Ombudsman shall report on
the matter to the Minister, giving an opinion as
to whether the complaint was justified and a
recommendation on how the matter should be
settled.
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Action by
Minister
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(7) The Minister shall attempt to resolve the
matter reported under subsection (6) and shall
advise the Ombudsman of any settlement
made.
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Reports to
Standing
Committee
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(8) The Ombudsman may make reports
from time to time to the Standing Committee
on matters that the Ombudsman has
investigated and reported on to the Minister
pursuant to subsection (6) that have not been
subsequently settled in a manner the
Ombudsman considers to be satisfactory.
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UNFAIR OR UNREASONABLE POLICIES AND PRACTICES |
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Notice re
unfair policies
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6. (1) If the Ombudsman is of the opinion,
based on complaints that have been
investigated pursuant to section 5, that a First
Nation's policies or practices may result in
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the Ombudsman may give notice to the First
Nation of the changes that the Ombudsman
considers should be made.
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Changes to be
made
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(2) Within ninety days of receiving a notice
under subsection (1), the First Nation shall
advise the Ombudsman of the changes that
will be made in the First Nation's policies and
practices.
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Changes
unsatisfactory
or not made
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(3) If the Ombudsman is not satisfied with
the changes proposed under subsection (2), or
if on investigation, the Ombudsman finds that
the proposed changes have not been made, the
Ombudsman shall submit a report on the
matter to the Minister.
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Report
referred to
Standing
Committee
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(4) The Minister shall forthwith cause every
report received pursuant to subsection (3) to
be laid before both Houses of Parliament and
it shall be deemed to have been referred to the
Standing Committee for review and report to
the House of Commons.
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Annual
Report
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7. The Ombudsman shall submit to the
Minister by April 1 of every year a report on
the functions of the office of the Ombudsman
during the previous year and the Minister shall
forthwith cause the report to be laid before
both Houses of Parliament.
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OFFENCES AND PENALTIES |
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False
information
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8. (1) Every complainant, First Nation or
person acting on behalf of a First Nation, who
knowingly provides false information to the
Ombudsman in connection with this Act is
guilty of an offence.
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Refusal to
provide
information
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(2) Every person who refuses or fails to
provide information requested by the
Ombudsman under the authority of this Act is
guilty of an offence.
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Punishment
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(3) Every person who commits an offence
under this Act is liable, on summary
conviction, to a fine not exceeding $1000.
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