FOIPP Act Policy and Procedures Manual

 

Section 50 - Role of Ombudsman
Last updated: July 26, 2007

OVERVIEW

This section stipulates that the Ombudsman may not investigate any matter within the jurisdiction of the Commissioner unless the Commissioner consents.


SECTION REFERENCE

Section 50 of the Freedom of Information and Protection of Privacy Act

50  The Ombudsman may not investigate any matter the Commissioner has the power to investigate or review under this Act unless the commissioner agrees.

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SUMMARY

The Commissioner has jurisdiction to investigate matters of privacy protection and freedom of information as stipulated by the Act. The Act states that the Ombudsman may not investigate any matter within the jurisdiction of the Commissioner unless the Commissioner consents.

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INTERPRETATION

The Commissioner and the Ombudsman are officers of the Legislature. Where an investigation concerns matters related to privacy protection or access to information, the Commissioner’s power to investigate takes precedence and the Commissioner must consent before the Ombudsman may investigate those matters.

The Ombudsman is appointed under the Ombudsman’s Act, R.S.B.C. 1996, chapter 340.


SECTIONAL INDEX OF COMMISSIONER'S ORDERS

For orders organized by the Act's section numbers, Click here.