Bill C-457

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	1st Session, 37th Parliament, 49-50-51 Elizabeth II, 2001-2002
	House of Commons of Canada
	BILL C-457
	An Act to amend the Corrections and Conditional Release Act to establish an Office of Victims Ombudsman of Canada
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1992, c. 20	CORRECTIONS AND CONDITIONAL RELEASE ACT
	1. The Act is amended by adding the following Part after Part III:
	PART III.1
	VICTIMS OMBUDSMAN
	Interpretation
Definitions	198.1 In this Part,
``Board'' « Commission »	``Board'' has the same meaning as in Part II;
``Minister'' « ministre »	``Minister'' has the same meaning as in Part I;
``offender'' « délinquant »	``offender'' has the same meaning as in Part II;
``Service'' « Service »	``Service'' has the same meaning as in Part I;
``Victims Ombudsman'' « ombudsman des victimes »	``Victims Ombudsman'' means the Victims Ombudsman of Canada appointed pursuant to subsection 198.12(1).
	Victims Ombudsman
Establishment of Office of Victims Ombudsman of Canada	198.11 There is hereby established the Office of Victims Ombudsman of Canada.
Appointment	198.12 (1) The Governor in Council may appoint a person to be known as the Victims Ombudsman of Canada.
Tenure of office and removal	(2) The Victims Ombudsman holds office during good behaviour for a term not exceeding five years, but may be suspended or removed for cause at any time by the Governor in Council.
Further terms	(3) The Victims Ombudsman, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term.
Eligibility for appointment	(4) A person is eligible to be appointed as Victims Ombudsman or to continue in that office only if that person is a Canadian citizen ordinarily resident in Canada or a permanent resident as defined in subsection 2(1) of the Immigration Act.
Qualifications of Victims Ombudsman	(5) The Victims Ombudsman shall be a person who, in the opinion of the Governor in Council, has the experience and the capacity required for discharging the functions of that office.
Absence, incapacity or vacancy	198.13 In the event of the absence or incapacity of the Victims Ombudsman, or a vacancy in that office, the Governor in Council may appoint another qualified person to hold office instead of the Victims Ombudsman during the absence, incapacity or vacancy, and that person shall, while holding that office, have the same function as and all of the powers and duties of the Victims Ombudsman under this Part and be paid such salary or other remuneration and expenses as may be fixed by the Governor in Council.
Devotion to duties	198.14 The Victims Ombudsman shall engage exclusively in the function and duties of the office of the Victims Ombudsman and shall not hold any other office under Her Majesty in right of Canada or a province for reward or engage in any other employment for reward.
Salary and expenses	198.15 (1) The Victims Ombudsman shall be paid such salary or other remuneration and expenses as may be fixed by the Governor in Council, including entitlement to be paid reasonable travel and living expenses incurred in the course of performing the duties and functions of the Victims Ombudsman while absent from the ordinary place of work of the Victims Ombudsman.
Pension benefits	(2) The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to the Victims Ombudsman, except that a person appointed as Victims Ombudsman from outside the Public Service, as defined in subsection 3(1) of the Public Service Superannuation Act, may, by notice in writing given to the President of the Treasury Board not more than sixty days after the date of appointment, elect to participate in the pension plan provided for in the Diplomatic Service (Special) Superannuation Act, in which case the provisions of that Act, other than those relating to tenure of office, apply to the Victims Ombudsman from the date of appointment and the provisions of the Public Service Superannuation Act do not apply.
Other benefits	(3) The Victims Ombudsman is deemed to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
	Management
Management	198.16 The Victims Ombudsman has the control and management of all matters connected with the Office of Victims Ombudsman of Canada.
	Staff
Staff of the Victims Ombudsman	198.17 (1) Such officers and employees as are necessary to enable the Victims Ombudsman to perform the function and duties of the Victims Ombudsman under this Part shall be appointed in accordance with the Public Service Employment Act.
Technical assistance	(2) The Victims Ombudsman may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Victims Ombudsman to advise and assist the Victims Ombudsman in the performance of the functions and duties of the Victims Ombudsman under this Part and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.
	Function
Function	198.18 It is the function of the Victims Ombudsman to conduct investigations, reviews of Service or Board policies and studies into the problems of victims related to decisions, recommendations, policies, acts or omissions of the Service or the Board or any person under the control and management of, or performing services for or on behalf of, the Service or the Board that affect victims either individually or as a group.
Information program	198.19 The Victims Ombudsman shall maintain a program of communicating information to victims concerning
	(a) the function of the Victims Ombudsman;
	(b) the circumstances under which an investigation, a review of Service or Board policies or a study may be commenced by the Victims Ombudsman; and
	(c) the independence of the Victims Ombudsman.
	Investigation, Review or Study
Commenceme nt	198.2 (1) The Victims Ombudsman may commence an investigation, a review of Service or Board policies or a study
	(a) on the receipt of a complaint by or on behalf of a victim;
	(b) at the request of the Minister; or
	(c) on the initiative of the Victims Ombudsman.
Discretion	(2) The Victims Ombudsman has full discretion as to
	(a) whether an investigation, a review of Service or Board policies or a study should be conducted in relation to any particular complaint or request;
	(b) how every investigation, review of Service or Board policies or study is to be carried out; and
	(c) whether an investigation, a review of Service or Board policies or a study should be terminated before its completion.
Application to Federal Court	(3) Where any question arises as to whether the Victims Ombudsman has jurisdiction to conduct an investigation, a review of Service or Board policies or a study of any particular problem, the Victims Ombudsman may apply to the Federal Court for a declaratory order determining the question.
Right to require information and documents	198.21 (1) In the course of conducting an investigation, a review of Service or Board policies or a study, the Victims Ombudsman may require any person
	(a) to furnish any information that, in the opinion of the Victims Ombudsman, the person may be able to furnish in relation to the matter being investigated, reviewed or studied; and
	(b) subject to subsection (2), to produce, for examination by the Victims Ombudsman, any document, paper or thing that, in the opinion of the Victims Ombudsman, relates to the matter being investigated, reviewed or studied and that may be in the possession or under the control of that person.
Return of documents, etc.	(2) The Victims Ombudsman shall return any document, paper or thing produced pursuant to paragraph (1)(b) to the person who produced it within ten days after a request for its return is made to the Victims Ombudsman, but nothing in this subsection precludes the Victims Ombudsman from again requiring its production in accordance with paragraph (1)(b).
Right to make copies	(3) The Victims Ombudsman may make copies of any document, paper or thing produced pursuant to paragraph (1)(b).
Right to enter	198.22 For the purposes of this Part, the Victims Ombudsman may, on satisfying any applicable security requirements, at any time enter any premises occupied by or under the control and management of the Service or the Board and inspect the premises and carry out therein any investigation or inspection.
	Findings, Reports and Recommendations
Decision not to investigate	198.23 Where the Victims Ombudsman decides not to conduct an investigation, a review of Service or Board policies or a study in relation to a complaint or a request from the Minister or decides to terminate such an investigation, a review of Service or Board policies or a study before its completion, the Victims Ombudsman shall inform the complainant or the Minister, as the case may be, of that decision and, if the Victims Ombudsman considers it appropriate, the reasons therefor, providing the complainant with only such information as can be disclosed pursuant to the Privacy Act and the Access to Information Act.
Complaint not substantiated	198.24 Where, after conducting an investigation, a review of Service or Board policies or a study in relation to a complaint, the Victims Ombudsman concludes that the complaint has not been substantiated, the Victims Ombudsman shall inform the complainant of that conclusion and, where the Victims Ombudsman considers it appropriate, the reasons therefor, providing the complainant with only such information as can be disclosed pursuant to the Privacy Act and the Access to Information Act.
Opinion re decision, recommendati on, etc.	198.25 (1) Where, after conducting an investigation, a review of Service or Board policies or a study, the Victims Ombudsman is of the opinion that the decision, recommendation, policy, act or omission of the Service or the Board, or any person under the control and management of or performing services on behalf of the Service or the Board, that affects victims either individually or as a group
	(a) appears to have been contrary to law or to an established policy,
	(b) was unreasonable or unjust, or
	(c) was based wholly or partly on a mistake of law or fact,
	the Victims Ombudsman shall indicate that opinion, and the reasons therefor, when informing the Service or the Board.
Recommendat ions	(2) With respect to informing the Service or the Board of an opinion under subsection (1), the Victims Ombudsman may make any recommendation that the Victims Ombudsman considers appropriate, including a recommendation that the law, practice or policy on which the decision, recommendation, policy, act or omission of the Service or the Board was based be altered or reconsidered.
Notice and report to Minister	198.26 If, within a reasonable time after informing the Service or the Board of a problem relating to a decision, recommendation, policy, act or omission of the Service or the Board, no action is taken that seems to the Victims Ombudsman to be adequate and appropriate, the Victims Ombudsman shall inform the Minister of that fact and provide the Minister with whatever information was originally provided to the Service or Board.
Complainant to be informed of result of investigation	198.27 (1) Subject to subsection (3), where an investigation, a review of Service or Board policies or a study is in relation to a complaint from a victim or a request from the Minister, the Victims Ombudsman shall, in such manner and at such time as the Victims Ombudsman considers appropriate, inform the victim or the Minister, as the case may be, of the results of the investigation, review or study, providing the victim with only such information as can be disclosed pursuant to the Privacy Act and the Access to Information Act.
Public notice	(2) Subject to subsection (3), the Victims Ombudsman may, in such manner and at such time as the Victims Ombudsman considers appropriate, inform the public of the results of an investigation, a review of Service or Board policies or a study, providing the public with only such information as can be disclosed pursuant to the Privacy Act and the Access to Information Act.
Interest of victim, Minister or public	(3) Despite the Privacy Act and the Access to Information Act, when informing a victim, the Minister or the public of the results of an investigation, a review of Service or Board policies or a study, the Victims Ombudsman may release any information that the Victims Ombudsman considers appropriate, where in the Victim Ombudsman's opinion the interest of the victim, the Minister or the public in such disclosure outweighs any invasion of the offender's privacy that could result from the disclosure.

Bill C-457

BILL C-457