Bill C-457

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

First Reading

PDF

	Confidentiality
Confidentialit y	198.28 Subject to this Part, the Victims Ombudsman and every person acting on behalf or under the direction of the Victims Ombudsman shall not disclose any information that comes to their knowledge in the exercise of their powers or the performance of their functions and duties under this Part.
Disclosure authorized	198.29 The Victims Ombudsman may disclose or may authorize any person acting on behalf or under the direction of the Victims Ombudsman to disclose information
	(a) that, in the opinion of the Victims Ombudsman, is necessary to
	(i) carry out an investigation, a review of Service or Board policies or a study, or
	(ii) establish the grounds for findings and recommendations made under this Part; or
	(b) in the course of a prosecution for an offence under this Part.
Letters to be unopened	198.3 Notwithstanding any provision in any Act or regulation, where
	(a) a letter written by an offender who is a victim is addressed to the Victims Ombudsman, or
	(b) a letter written by the Victims Ombudsman is addressed to an offender who is a victim,
	the letter shall immediately be forwarded unopened to the Victims Ombudsman or to the offender who is a victim, as the case may be, by the person in charge of the institution at which the offender who is a victim is incarcerated.
	Delegation
Delegation by Victims Ombudsman	198.31 (1) The Victims Ombudsman may authorize any person to exercise or perform, subject to such restrictions or limitations as the Victims Ombudsman may specify, the function, powers and duties of the Victims Ombudsman under this Part except
	(a) the power to delegate under this section; and
	(b) the duty or power to make a report to the Minister under section 198.38 or 198.39.
Delegation is revocable	(2) Every delegation under this section is revocable at will and no delegation prevents the exercise or performance by the Victims Ombudsman of the delegated function, powers and duties.
Continuing effect of delegation	(3) In the event that the Victims Ombudsman who makes a delegation under this section ceases to hold office, the delegation continues to be in effect so long as the delegate continues in office or until revoked by a succeeding Victims Ombudsman.
	Relationship With Other Acts
Power to conduct investigations	198.32 (1) The power of the Victims Ombudsman to conduct an investigation, a review of Service or Board policies or a study exists notwithstanding any provision in any Act to the effect that the matter being investigated, reviewed or studied is final and that no appeal lies in respect thereof or that the matter may not be challenged, reviewed, quashed or in any way called into question.
Relationship with other Acts	(2) The power of the Victims Ombudsman to conduct an investigation, a review of Service or Board policies or a study is in addition to the provisions of any other Act or rule of law under which
	(a) any remedy or right of appeal or objection is provided for any person, or
	(b) any procedure is provided for the inquiry into or investigation of any matter,
	and nothing in this Part limits or affects any such remedy, right of appeal, objection or procedure.
	Legal Proceedings
Acts not to be questioned or subject to review	198.33 Except on the ground of lack of jurisdiction, nothing done by the Victims Ombudsman, including the making of any report or recommendation, is liable to be challenged, reviewed, quashed or called into question in any court.
Protection of Victims Ombudsman	198.34 No criminal or civil proceedings lie against the Victims Ombudsman, or against any person acting on behalf or under the direction of the Victims Ombudsman, for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any function, power or duty of the Victims Ombudsman.
No summons	198.35 The Victims Ombudsman or any person acting on behalf or under the direction of the Victims Ombudsman is not a competent or compellable witness in respect of any matter coming to the knowledge of the Victims Ombudsman or that person in the course of the exercise or performance or purported exercise or performance of any function, power or duty of the Victims Ombudsman, in any proceedings other than a prosecution for an offence under this Part.
Libel or slander	198.36 For the purposes of any law relating to libel or slander,
	(a) anything said, any information furnished or any document, paper or thing produced in good faith in the course of an investigation by or on behalf of the Victims Ombudsman under this Part is privileged; and
	(b) any report made in good faith by the Victims Ombudsman under this Part and any fair and accurate account of the report made in good faith in a newspaper or any other periodical publication or in a broadcast is privileged.
	Offence and Punishment
Offences	198.37 Every person who
	(a) without lawful justification or excuse, wilfully obstructs, hinders or resists the Victims Ombudsman or any other person in the exercise or performance of the function, powers or duties of the Victims Ombudsman,
	(b) without lawful justification or excuse, refuses or wilfully fails to comply with any lawful requirement of the Victims Ombudsman or any other person under this Part, or
	(c) wilfully makes any false statement to or misleads or attempts to mislead the Victims Ombudsman or any other person in the exercise or performance of the function, powers or duties of the Victims Ombudsman
	is guilty of an offence punishable on summary conviction and liable to a fine not exceeding five thousand dollars.
	Reports
Annual reports	198.38 The Victims Ombudsman shall, within three months after the end of each fiscal year, submit to the Minister a report of the activities of the office of the Victims Ombudsman during that year, and the Minister shall cause every such report to be laid before each House of Parliament on any of the first thirty days on which that House is sitting after the day on which the Minister receives it.
Urgent matters	198.39 The Victims Ombudsman may, at any time, make a special report to the Minister referring to and commenting on any matter within the scope of the function, powers and duties of the Victims Ombudsman where, in the opinion of the Victims Ombudsman, the matter is of such urgency or importance that a report thereon should not be deferred until the time provided for the submission of the next annual report to the Minister under section 198.38, and the Minister shall cause every such special report to be laid before each House of Parliament on any of the first thirty days on which that House is sitting after the day on which the Minister receives it.
Adverse comments	198.4 Where it appears to the Victims Ombudsman that there may be sufficient grounds for including in a report to Parliament, the Minister, a victim or the public any comment or information that reflects or might reflect adversely on any person or organization, the Victims Ombudsman shall give that person or organization a reasonable opportunity to make representations respecting the comment or information and shall include in the report a fair and accurate summary of those representations.
	Regulations
Regulations	198.41 The Governor in Council may make regulations providing for anything that by this Part is to be provided for by regulation and, generally, for carrying out the purposes and provisions of this Part.
	COORDINATING AMENDMENT
2001, c. 27	2. On the later of the day on which this Act is assented to and the day on which paragraph 274(b) of the Immigration and Refugee Protection Act, chapter 27 of the Statutes of Canada, 2001, comes into force, subsection 198.12(4) of the Corrections and Conditional Release Act, as enacted by section 1 of this Act, is replaced by the following:
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 and Refugee Protection Act.