2nd Session, 36th Parliament,
48 Elizabeth II, 1999

The House of Commons of Canada

BILL C-341

An Act to establish the office of Pension Ombudsman to investigate administrative difficulties encountered by persons in their dealings with government in respect of benefits under the Canada Pension Plan or the Old Age Security Act or tax liability on such benefits and to review the policies and practices applied in the administration and adjudication of such benefits and liabilities

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short title

1. This Act may be cited as the Pension Ombudsman Act.

Definitions

2. The definitions in this section apply in this Act.

``Department' ' « ministère »

``Department'' means the Department of Human Resources Development.

``Minister'' « ministre »

``Minister'' means the Minister of Human Resources Development.

``Ombudsman '' « ombudsman »

``Ombudsman'' means the person holding the office of Pension Ombudsman established pursuant to section 3.

``relevant department'' « ministère concerné »

``relevant department'' means the Department or the Department of National Revenue as the case may be.

``Standing Committee'' « comité permanent »

``Standing Committee'' means the Standing Committee of the House of Commons appointed by the House to deal with matters related to pensions and other benefits for senior citizens.

Office established

3. (1) There is hereby established the office of Pension Ombudsman.

Function of office

(2) The function of the Pension Ombudsman is

    (a) to investigate administrative difficulties as to fairness, reasonableness and promptness encountered by persons in their dealings with government in respect of benefits under the Canada Pension Plan or the Old Age Security Act or tax liability on such benefits;

    (b) to review the policies and practices applied in the administration and adjudication of such benefits and liabilities with respect to fairness, reasonableness and promptness; and

    (c) to make reports on cases where difficulties are not satisfactorily resolved or where policies and practices are not adequately adjusted on the Ombudsman's request.

Appointment and term

4. (1) The Governor in Council shall appoint a Pension Ombudsman recommended by the Minister from a list of persons nominated by the Standing Committee.

Removal

(2) The Ombudsman holds office during good behaviour for a term of five years, but may be

    (a) removed by the Governor in Council at any time on a resolution of the House of Commons following a report recommending removal by the Standing Committee; or

    (b) suspended by the Governor in Council on the recommendation of the Minister, made at any time when the House is adjourned for a period of four weeks or more, or is dissolved, for a period expiring thirty days after the day the House next sits.

Acting Ombudsman

(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.

No more than two terms

(4) No person may serve more than two terms as Ombudsman.

Remunera-
tion

(5) The Ombudsman shall receive such remuneration, benefits and reimbursement of expenses as is ordered by the Governor in Council.

Part of the Public Service

(6) The Office of the Ombudsman is a part of the Public Service of Canada.

Staff

(7) The Ombudsman may hire, under the Public Service Act, such officers and staff as are necessary to carry out the purposes of this Act.

COMPLAINTS AND INVESTIGATIONS

Complaints

5. (1) Any person who claims to have encountered administrative difficulties as to fairness, reasonableness and promptness, in their dealings with a relevant department in respect of benefits under the Canada Pension Plan or the Old Age Security Act or tax liability on such benefits may make a complaint to the Ombudsman.

Investigations

(2) The Ombudsman shall investigate those complaints received pursuant to subsection (1) that show reasonable grounds to believe that there has been unfair or unreasonable treatment, or unreasonable delay by the Department respecting a benefit or by the Department of National Revenue respecting tax liability on a benefit.

Departmental information

(3) For the purposes of an investigation, the Ombudsman may request information from the relevant department that is relevant to the complaint being investigated and the department shall provide the information requested.

Confidential information

(4) The Ombudsman may, under subsection (3), with the written consent of the complainant, include a request for information respecting the complainant that is confidential, and the relevant department shall, notwithstanding any other Act, provide the information covered by the consent.

Information kept confidential

(5) The Ombudsman shall keep confidential all information provided by the relevant department pursuant to subsection (4), except as necessary for a report under subsection (7) that contains such information without identifying the complainant.

Report

(6) If, after investigation, the Ombudsman is not satisfied that the relevant department has dealt fairly, reasonably and with due dispatch with the complainant, either before or after the complaint or investigation, the Ombudsman,

    (a) having given written notice to the relevant department that a report will be made to the minister in charge of the department, including a draft of the proposed report,

    (b) having considered any representation sent to the Ombudsman by the relevant department, respecting the proposed report and made such changes in the proposed report as appear in the opinion of the Ombudsman to be warranted, on the basis of such representations, and

    (c) having received the prior written consent of the complainant,

may report the matter in detail to the minister in charge of the relevant department, and the report shall be revealed by the minister only to the officials of the relevant department.

Reports to the Standing Committee

(7) 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 department pursuant to subsection (6) if the Ombudsman is not satisfied with the action taken by the department in the matter.

Complainant not identified

(8) A report under subsection (7) shall be in general terms and not identify a complainant.

UNFAIR OR UNREASONABLE ADMINISTRATION POLICIES AND PRACTICES

Notice re unfair policies

6. (1) If the Ombudsman is of the opinion, based on complaints that have been investigated pursuant to section 5, that the relevant department's policies and practices result in unfair or unreasonable treatment or unreasonable delays in dealing with persons respecting benefits under the Canada Pension Plan or the Old Age Security Act or tax liabilities thereon, the Ombudsman may give notice to the relevant department of the changes that the Ombudsman considers should be made.

Changes to be made

(2) Within ninety days of receiving a notice under subsection (1), the relevant department shall advise the Ombudsman of the changes that will be made in the department's policies and practices.

Changes unsatisfactory or not made

(3) If the Ombudsman is not satisfied with the changes proposed by the department 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 responsible for the administration of the department.

Report referred to the Standing Committee

(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.

Notice of Ombudsman's services

7. The Department of Human Resources Development and the Department of National Revenue shall post at every place where it regularly receives persons to deal with benefits under the Canada Pension Plan or the Old Age Security Act or tax liabilities thereon, a notice in the form prescribed by the Ombudsman, describing the function of the office of the Ombudsman and the means of contacting the office.

Annual Report

8. The Ombudsman shall submit to the Minister by April 1 of every year a report on the functions of the office of the Pension Ombudsman during the previous year and the Minister shall forthwith cause the report to be laid before both Houses of Parliament.

OFFENCES AND PENALTIES

False information

9. (1) Every complainant, member of a relevant department or other person who knowingly provides false information to the Ombudsman in connection with this Act is guilty of an offence.

Refusal to provide information

(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.

Punishment

(3) Every person who commits an offence under this Act is liable, on summary conviction, to a fine not exceeding $1,000 for a first offence and to a fine not exceeding $5,000 or imprisonment for not more than six months, or to both in the case of a second or subsequent offence.