Common use of Ombudsperson Clause in Contracts

Ombudsperson. 1) In this section, any reference to the office of the Ombudsperson includes any employees within the office, as applicable. 2) The Corporation shall make available an Ombudsperson and fill any vacancy of the position as soon as reasonably possible. 3) The Corporation will not terminate the position of the ombudsperson as a reprisal for recommendations or criticisms made by the Ombudsperson to the Corporation or Board. 4) The Corporation shall, in consultation with the Ombudsperson, establish and maintain a Terms of Reference (“TOR”) for the Ombudsperson that is consistent with the Act and the Agreement. 5) The Corporation shall jointly review the TOR with the Ombudsperson on an annual basis or such other time that the Corporation and the Ombudsperson deem appropriate to ensure that the TOR remains current and consistent with the Act and the Agreement. The Corporation remains ultimately responsible for maintaining the TOR. 6) The Corporation shall clearly communicate to the public about the role, mandate, scope, and how to access or contact the Ombudsperson. 7) The Corporation will publish on its website the progress it has made in responding to any recommendations the Ombudsperson has published in any report. 8) In providing the Ombudsperson, the Corporation shall comply with the following requirements: a) the Ombudsperson and their office must operate independently of all other departments in the Corporation; b) the files and records of the Ombudsperson and their office shall not be accessed by anyone else within the Corporation; c) the Ombudsperson and their office has access to all information and all individuals in the Corporation; d) the Ombudsperson will report only to the Board; e) the Corporation shall respond to the recommendations made from the Ombudsperson within a reasonable time; f) the Corporation shall not prejudice or reprise against complainants or individuals who participate in any way in an investigation of the Ombudsperson; g) the Ombudsperson will select staff and manage the budget and operations of their office; h) the budget for the Ombudsperson and their office will be set by the Ombudsperson subject to the approval of the Board; i) the Corporation will ensure the Ombudsperson has direct access to the Board and any of its meetings; j) the Board shall review the performance of the Ombudsperson and management must abstain from any role or involvement in evaluating or reviewing the performance of the Ombudsperson or any employee within the Ombudsperson’s office; and k) except in exceptional circumstances, the Chair must provide written notice to the Minister at least 30 days before terminating the Ombudsperson, appointing a new Ombudsperson, or reducing the salary or benefits of the Ombudsperson.

Ombudsperson. ‌ 1) In this section, any reference to the office of the Ombudsperson includes any employees within the office, as applicable. 2) The Corporation shall make available an Ombudsperson and fill any vacancy of the position as soon as reasonably possible. 3) The Corporation will not terminate the individual filling the position of the ombudsperson Ombudsperson as a reprisal for recommendations or criticisms made by the Ombudsperson to the Corporation or Board. 4) The Corporation shall clearly communicate to the public about the role, mandate, scope, and how to access or contact the Ombudsperson. 5) The Corporation will publish on its website the progress it has made in responding to any recommendations the Ombudsperson has published in any report. 6) In providing the Ombudsperson, the Corporation shall comply with the following requirements: a) The Board shall, in consultation with the Ombudsperson, establish and maintain a Terms of Reference (“TOR”) for the Ombudsperson that is consistent with the Act and the Agreement.; 5b) The Corporation Board shall jointly review the TOR with the Ombudsperson on an annual basis or such other time that the Corporation Board and the Ombudsperson deem appropriate to ensure that the TOR remains current and consistent with the Act and the Agreement. The Corporation Board remains ultimately responsible for maintaining the TOR.; 6) The Corporation shall clearly communicate to the public about the role, mandate, scope, and how to access or contact the Ombudsperson. 7) The Corporation will publish on its website the progress it has made in responding to any recommendations the Ombudsperson has published in any report. 8) In providing the Ombudsperson, the Corporation shall comply with the following requirements: ac) the Ombudsperson and their office must operate independently of all other departments in the Corporation; bd) the files and records of the Ombudsperson and their office shall not be accessed by anyone else within the Corporation, except: (i) by the Board, in connection with access or disclosure of such files and records as required by law; c(ii) by the Board, in connection with matters that relate to the budget and operations of the Ombudsperson’s office as may be reasonably required for the Board to approve the Ombudsperson’s budget and review the performance of the Ombudsperson, provided such access by the Board shall not include files and records of the Ombudsperson that relate to complaints or investigations, as well as any analysis, inquiry or report that is underway, in development or not publicly available; or, (iii) by the Board, where the Ombudsperson determines that there is an imminent risk of serious harm to people or property, provided such access shall only include files and records the Ombudsperson has determined should be disclosed. e) the Ombudsperson and their office has access to all information and all individuals in the Corporation; df) the Ombudsperson will report only to the Board (including through any committee designated by the Board); eg) the Corporation shall respond to the recommendations made from the Ombudsperson within a reasonable time; fh) the Corporation shall not prejudice or reprise against complainants or individuals who participate in any way in an investigation of the Ombudsperson; gi) the Ombudsperson will select staff and manage the budget and operations of their office; hj) the budget for the Ombudsperson and their office will be set managed by the Ombudsperson subject to the approval of the Board; ik) the Corporation will ensure the Ombudsperson has direct access to the Board and any of its meetings; jl) the Board shall review the performance of the Ombudsperson and management must abstain from any role or direct involvement in evaluating or reviewing the performance of the Ombudsperson or any employee within the Ombudsperson’s office; and km) except in exceptional circumstances, the Chair must provide written notice to the Minister at least 30 days before terminating the Ombudsperson, appointing undertaking to appoint a new Ombudsperson, or reducing the salary or benefits of the Ombudsperson.