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1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
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House of Commons of Canada
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BILL C-359 |
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An Act to establish the office of Oil and Gas
Ombudsman to investigate complaints
relating to the business practices of
suppliers of oil or gas
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Oil and Gas
Ombudsman Act.
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INTERPRETATION |
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| Definitions
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2. The definitions in this section apply in
this Act.
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| ``Department'
' « ministère »
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``Department'' means the Department of
Industry.
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| ``Minister'' « ministre »
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``Minister'' means the Minister of Industry.
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| ``Ombudsman
'' « ombudsman »
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``Ombudsman'' means the person holding the
office of Oil and Gas 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 industry.
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OFFICE AND APPOINTMENT OF OMBUDSMAN |
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| Office
established
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3. There is hereby established the office of
the Oil and Gas Ombudsman.
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| Appointment
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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.
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| Qualifications
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(2) The Ombudsman shall have generally
acknowledged stature within the community
and relevant knowledge and experience
related to the management of a business.
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| Term of office
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(3) The Ombudsman holds office for a term
not exceeding five years.
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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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| Removal
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(5) The Ombudsman holds office during
good behavior but may be removed by the
Governor in Council for cause.
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| Salary and
travel and
living
expenses
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(6) The Ombudsman shall be paid a salary
to be fixed by the Governor in Council and is
entitled to be paid reasonable travelling and
living expenses while absent from his or her
ordinary place of residence in the exercise of
his or her functions under this Act.
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| Acting
Ombudsman
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(7) In the event of the absence or incapacity
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 or another
Ombudsman is appointed, as the case may be.
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| Part of public
service
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(8) The office of the Ombudsman is part of
the Public Service of Canada.
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| Staff
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(9) 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 |
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| Who may
make a
complaint
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5. (1) Any person resident in Canada may
make a complaint to the Ombudsman if the
person believes that, as a result of the business
practices of an oil or gas supplier,
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| Complaint on
grounds of
public interest
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(2) Twenty-five or more persons who are
resident in Canada may make a complaint to
the Ombudsman if they believe that, as a result
of the business practices of an oil or gas
supplier, the price of oil or gas is unduly high
or fluctuates erratically and an investigation
should be made in the public interest.
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| Form of
complaint
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(3) A complaint to the Ombudsman must be
made in writing and specify the grounds for
the complaint.
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| Investigation
of complaints
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6. (1) The Ombudsman shall investigate a
complaint made under subsection 5(1) if the
Ombudsman is satisfied that the complaint
shows reasonable grounds to believe that, as a
result of the business practices of an oil or gas
supplier,
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| Investigation
of complaints
on public
interest
grounds
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(2) The Ombudsman shall investigate a
complaint made under subsection 5(2) if the
Ombudsman is satisfied that the complaint
shows reasonable grounds to believe that, as a
result of the business practices of an oil or gas
supplier, the price of oil or gas is unduly high
or fluctuates erratically and the Ombudsman
is of the opinion that an investigation should
be made in the public interest.
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| Ombudsman
may initiate
complaint
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(3) Where the Ombudsman is satisfied that
there are reasonable grounds to investigate a
matter under this Act, the Ombudsman may
initiate a complaint in relation to that matter.
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INVESTIGATIONS |
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| Notice to oil
or gas
supplier
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7. Before commencing an investigation of
a complaint under this Act, the Ombudsman
shall notify the oil or gas supplier that is the
subject of the complaint of the intention to
carry out the investigation and of the
substance of the complaint.
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| Regulation of
procedure
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8. The Ombudsman may determine the
procedure to be followed in investigating a
matter under this Act.
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| Cooperation
by oil or gas
supplier
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9. An oil or gas supplier that is the subject
of an investigation under this Act shall
cooperate with the Ombudsman and provide
such assistance and facilities as the
Ombudsman requests to facilitate the
investigation.
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| Right to make
representation
s
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10. In the course of an investigation of a
complaint under this Act by the Ombudsman,
a reasonable opportunity to make
representations shall be given to the person or
persons who made the complaint and to the oil
or gas supplier that is the subject of the
complaint.
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| Confidentialit
y
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11. (1) The Ombudsman and every person
on the staff of the Ombudsman shall, subject
to subsection (2), maintain confidentiality in
respect of all matters that come to their
knowledge in performing their duties under
this Act.
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| Exception to
confidentiality
rule
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(2) The Ombudsman may disclose or
authorize a member of his or her staff to
disclose a matter that, in the opinion of the
Ombudsman, is necessary to prosecute an
offence under this Act.
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| Findings and
recommendati
ons of
Ombudsman
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12. (1) If, on investigating a complaint
under this Act, the Ombudsman finds that the
complaint is well-founded, the Ombudsman
shall provide the complainant or complainants
and the oil or gas supplier that is the subject of
the complaint with a report containing the
findings of the investigation and any
recommendations that the Ombudsman
considers appropriate.
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| Reply to
Ombudsman
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(2) Within ninety days of receiving a report
under subsection (1), the oil or gas supplier
shall advise the Ombudsman of the action
taken or proposed to be taken to implement the
recommendations contained in the report or
the reasons why no such action has been or is
proposed to be taken.
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| Result if
Ombudsman
not satisfied
with reply
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(3) If the Ombudsman is not satisfied with
the action taken or proposed, or if on
investigation, the Ombudsman finds that the
proposed changes have not been made, the
Ombudsman shall advise the complainant and
the oil or gas supplier and shall submit a report
on the matter to the Minister.
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REPORTS TO PARLIAMENT |
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| Annual report
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13. (1) The Ombudsman shall, within three
months after the termination of each financial
year, submit an annual report to Parliament on
the activities of the office during that financial
year.
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| Other reports
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(2) The Ombudsman may make reports
from time to time to Parliament on matters
that the Ombudsman has investigated and
reported on to the Minister pursuant to
subsection 12(3) that have not been
subsequently settled in a manner the
Ombudsman considers to be satisfactory.
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| Referral to
Standing
Committee
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(3) Every report referred to in this section
shall, after it is transmitted for tabling, be
referred to the Standing Committee.
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OFFENCES AND PENALTIES |
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| False
information
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14. (1) Every person who knowingly
provides false information to the Ombudsman
in connection with this Act is guilty of an
offence and liable, on summary conviction, to
a fine of not more than $500,000 or to a term
of imprisonment not exceeding six months or
to both.
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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 and liable, on summary
conviction, to a fine of not more than
$500,000 or to a term of imprisonment not
exceeding six months or to both.
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