The Ombudsman Act

The Ombudsman Act, C.C.S.M. c. O45 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Appointment of Ombudsman 3 Officer of Assembly 4 Term of office 5 Suspension or removal 6 Suspension if Assembly not sitting 7 Remuneration 8 Expenses 8.1 Deputy Ombudsman 9 Application of Acts re civil service 10 Oath of office 11 Oath of staff 12 Secrecy 13 Powers under Evidence Act 14 Delegation of powers 15 Investigations 15.1 Expired 15.2 Expiry of section 15.1 and review 16 Committees or LG in C may refer matters 16.1 Repealed 17 Exercise of powers 18 Restriction on jurisdiction 19 Minister may restrict investigation 20 Questions re jurisdiction 21 Complaints in writing 22 Privacy of communication to Ombudsman 23 Refusing or ceasing to investigate 24 Report of refusal 25 Notice of investigation 26 Private investigations 27 Hearings 28 Right to be heard 29 Consultation with minister or reference to deputy minister 30 Evidence 31 Restrictions on disclosures 32 Disclosure re public interest or secrecy 33 Admissibility of evidence 34 Defence for certain offences 35 Right of entry 36 Report and recommendations 37 Notice of action on recommendations, further report if action insufficient 38 Report to complainant 39 No review of Ombudsman's decision 40 No proceedings against Ombudsman 41 Ombudsman not a witness 42 Annual reports 43 Publication of reports 44 Rules and procedure 45 Offence and penalty 46 Additional remedies HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act, "agency of the government" means any board, commission, association, or other body of persons, whether incorporated or unincorporated, all the members of which, or all the members of the board of management or board of directors of which, (a) are appointed by an Act of the Legislature or by order of the Lieutenant Governor in Council, or (b) if not so appointed, in the discharge of their duties are public officers or servants of the Crown, or for the proper discharge of their duties are, directly or indirectly, responsible to the Crown; (« organisme gouvernemental ») "chief administrative officer"  has the same meaning as in The Municipal Act ; (« directeur général ») "city" means The City of Winnipeg; (« ville ») "council" in respect of (a) a municipality has the same meaning as in The Municipal Act , and (b) the city has the same meaning as in The City of Winnipeg Charter ; (« conseil ») "department" means a department or branch of the executive government of the province; (« ministère ») "head of council" in respect of (a) a municipality has the same meaning as in The Municipal Act , and (b) the city has the same meaning as in The City of Winnipeg Charter ; (« président du conseil ») "minister" means a member of the Executive Council; (« ministre ») "municipality" means (a) a municipality as defined in The Municipal Act , and (b) The City of Winnipeg. (« municipalité ») S.M. 1996, c. 58, s. 465 ; S.M. 2002, c. 39, s. 529 . Appointment of Ombudsman 2(1) A person shall be appointed as Ombudsman by resolution of the Assembly. Committee recommendation required 2(1.1) A person may be appointed as Ombudsman only if the appointment has been recommended by the Standing Committee of the Assembly on Legislative Affairs. Appointment process 2(2) If at any time the office of Ombudsman (a) will become vacant within six months because the term of office is scheduled to expire or the Ombudsman has resigned; or (b) has become vacant for any other reason; the President of the Executive Council must, within one month after that time, convene a meeting of the Standing Committee on Legislative Affairs and the Standing Committee must, within six months after that time, consider candidates for the office and make a recommendation to the Assembly. 2(3) [Repealed] S.M. 2015, c. 14, s. 7 . S.M. 2004, c. 42, s. 108 ; S.M. 2015, c. 14, s. 7 ; S.M. 2017, c. 26, s. 39 ; S.M. 2022, c. 20, s. 8 . Officer of Assembly 3(1) The Ombudsman is an officer of the Legislature and is not eligible to be nominated for, elected as, or sit as, a member of the Assembly. Restrictions on employment 3(2) The Ombudsman shall not hold any other public office or carry on any trade, business, or profession. S.M. 2022, c. 20, s. 8 . Term of office 4(1) Unless they sooner resign, die or are removed from office, the Ombudsman shall hold office for six years from the date of their appointment, and a person may be re-appointed for a second term of six years, but not for more than two terms of six years. Resignation 4(2) The Ombudsman may resign their office in writing addressed to the Speaker of the assembly, or, if there is no Speaker or the Speaker is absent, to the clerk of the assembly. Suspension or removal 5 The Ombudsman may be suspended or removed from office by a resolution of the Assembly carried by a vote of 2/3 of the members voting in the Assembly. S.M. 2022, c. 20, s. 8 . Suspension if Assembly not sitting 6(1) If the Assembly is not sitting, the Speaker may, with the prior approval of the Legislative Assembly Management Commission, suspend the Ombudsman for cause. Length of suspension 6(2) A suspension under subsection (1) ends no later than 30 sitting days of the Assembly after the suspension came into effect. S.M. 2022, c. 20, s. 8 . Remuneration 7(1) Subject to this section, the salary and benefits of the Ombudsman are to be determined by the Legislative Assembly Management Commission. Reduction of salary 7(2) The salary of the Ombudsman shall not be reduced except on resolution of the assembly carried by a vote of 2/3 of the members of the assembly voting thereon. S.M. 2022, c. 20, s. 8 . Expenses 8 The Ombudsman shall be paid such travelling and out of pocket expenses incurred by them in the performance of their duties as may be approved by the Auditor General. S.M. 2001, c. 39, s. 31 . Deputy Ombudsman 8.1(1) On the recommendation of the Ombudsman and with the prior approval of the Legislative Assembly Management Commission, a Deputy Ombudsman may be appointed under section 58 of The Public Service Act . Powers and duties 8.1(2) If the Ombudsman is absent or unable to act or if the office is vacant, the Deputy Ombudsman has the powers and duties of the Ombudsman. Salary in certain cases 8.1(3) If the Deputy Ombudsman has assumed the Ombudsman's powers and duties for an extended period, the Legislative Assembly Management Commission may, by resolution, direct that the deputy be paid a salary within the same range as the Ombudsman's salary. No other public office 8.1(4) The Deputy Ombudsman may not hold any other public office or engage in any partisan political activity. S.M. 2022, c. 20, s. 8 . Application of Civil Service Superannuation Act 9(1) The Ombudsman, and all persons employed under them, are employees within the meaning of The Civil Service Superannuation Act . Privileges and perquisites of the office 9(2) The Ombudsman is entitled to the privileges and perquisites of office, including holidays, vacations, sick leave and severance pay, of an employee of the government who is not covered by a collective agreement. Employees 9(3) Persons employed under the Ombudsman must be appointed under section 58 of The Public Service Act . S.M. 2021, c. 11, s. 114 . Oath of office 10 Before beginning to perform their duties, the Ombudsman shall take an oath before the Speaker of the Assembly or the Clerk of the Assembly that they will faithfully and impartially perform the duties of their office and that they will not, except as herein provided, divulge any information received by them under this Act. Oath of staff 11 Every person employed under the Ombudsman shall, before they begin to perform the duties, take an oath before the Ombudsman that they will not, except as herein provided, divulge any information received by them under this Act. Secrecy 12(1) The Ombudsman and every person employed under them shall maintain secrecy in respect of all matters that come to their knowledge in the exercise of their duties or functions under this Act. Disclosure in reports 12(2) Notwithstanding subsection (1) or any oath taken under this Act, the Ombudsman may disclose in a report made by them under this Act any matters which the Ombudsman considers necessary to disclose in order to establish grounds for their conclusions and recommendations. Powers under Part V of The Evidence Act 13 The Ombudsman has the protection and powers of a commissioner appointed under Part V of The Manitoba Evidence Act ; but section 85 of The Manitoba Evidence Act does not apply to the Ombudsman and no notice of appointment, of the purpose and scope of inquiries to be made by the Ombudsman, or of the time and place of the holding of any hearing or inquiry by the Ombudsman, need be published as required under section 86 of The Manitoba Evidence Act . Delegation 14(1) The Ombudsman may in writing delegate to any person any of the Ombudsman's powers under this Act except the power of delegation under this section and the power to make a report under this Act. Delegation in case of conflict 14(1.1) Despite subsection (1), the Ombudsman may in writing delegate to the Deputy Ombudsman the power to make a report concerning a matter if the Ombudsman is in a conflict of interest relating to that matter. Evidence of delegation 14(2) A person purporting to exercise the power of the Ombudsman by virtue of the delegation under subsection (1) or (1.1) must produce evidence of their authority to exercise that power when required to do so. S.M. 2023, c. 10, s. 32 . Investigations 15 The Ombudsman may, on a written complaint or on their own initiative, investigate (a) any decision or recommendation made, including any recommendation made to a minister, or any act done or omitted, relating to a matter of administration in or by any department or agency of the government, or by any officer, employee or member thereof, whereby any person is or may be aggrieved; or (b) any decision or recommendation made, including any recommendation made to a council, or any act done or omitted, relating to a matter of administration in or by any municipality or by any officer or employee of a municipality, whereby any person is or may be aggrieved. S.M. 1996, c. 58, s. 465 . 15.1 [Expired] S.M. 1990-91, c. 10, s. 2 ; S.M. 1991-92, c. 41, s. 20 . Five-year sunset clause 15.2(1) Subject to subsection (3), section 15.1 expires and is no longer in force and effect on the fifth anniversary date of the coming into force of the section. Review by Assembly 15.2(2) Upon expiry of section 15.1, the Standing Committee of the Assembly on Legislative Affairs, or such other committee of the Assembly or other committee or person as the Assembly may specify by resolution, shall review the services provided by the Ombudsman to the City of Winnipeg under section 15.1 and shall, no later than 6 months after expiry of section 15.1, table a report, with or without recommendations, in the Assembly. Services continue during review 15.2(3) Notwithstanding subsection (1), an agreement under section 15.1, entered into before expiry of the section, shall, at the election of either party, remain in force and effect until such time as the Legislature otherwise provides. S.M. 1990-91, c. 10, s. 2 ; S.M. 1991-92, c. 41, s. 20 ; S.M. 2004, c. 42, s. 108 . Reference by committees of assembly 16(1) A committee of the assembly may at any time refer to the Ombudsman, for investigation and report by the Ombudsman, any petition or matter that is before that committee for consideration; and the Ombudsman shall (a) subject to any special directions of the committee, investigate the petition or matter referred to them so far as it is within their jurisdiction; and (b) make such report to the committee as they think fit. Reference by Lieutenant Governor in Council 16(2) The Lieutenant Governor in Council may at any time refer to the Ombudsman, for investigation and report by the Ombudsman, any matter relating to administration in or by any department, agency of the government or municipality, or by any officer, employee or member thereof; and the Ombudsman shall, (a) subject to any special direction of the Lieutenant Governor in Council, investigate the matter referred to them so far as it is within their jurisdiction; and (b) make such report to the Lieutenant Governor in Council as they think fit. S.M. 1996, c. 58, s. 465 . 16.1 [Repealed] S.M. 2007, c. 14, s. 3 ; S.M. 2017, c. 8, s. 51 . Exercise of powers 17 The Ombudsman may exercise and perform the powers, duties and functions conferred or imposed on them under this Act notwithstanding any provision of any other Act of the Legislature (a) that any decision, recommendation, act or omission that they are investigating is final; or (b) that no appeal lies in respect thereof; or (c) that no proceeding or decision of the department, agency of the government, municipality, officer, employee, or person whose decision, recommendation, act or omission it is shall be challenged, reviewed, quashed or called in question. S.M. 1996, c. 58, s. 465 . Restriction on jurisdiction 18 Nothing in this Act authorizes the Ombudsman to investigate (a) any decision, recommendation, act, order or omission of the Legislature, the assembly, the Lieutenant Governor, a committee of the assembly, the Lieutenant Governor in Council, the Executive Council, or a committee of the Executive Council; or (a.1) any resolution or by-law of a council of a policy nature; (b) any order, decision or omission of a court, a judge of a court, a referee or an associate judge of a court, or a justice of the peace made or given in any action or proceeding in the court, or before the judge, referee, associate judge or justice of the peace; or (c) any award, decision, recommendation or omission of an arbitrator or board of arbitrators in an arbitration to which The Arbitration Act applies; or (d) any decision, recommendation, act or omission in respect of which there is, under any Act a right of appeal or objection or a right to apply for a review on the merits of the case to any court or tribunal constituted by or under an Act of the Legislature, whether or not that right of appeal, objection or application has been exercised in the particular case and whether or not any time prescribed for the exercise of that right has expired, unless the Ombudsman is satisfied that in the particular case it would have been unreasonable to expect the complainant to resort to the tribunal or court, but in that case investigation shall not commence until after the time prescribed for the exercise of that right to appeal, object or apply, has expired. For greater certainty, a cause of action is not a right referred to in clause (d), and the existence of a cause of action in relation to a matter does not, by itself, affect the authority of the Ombudsman to investigate that matter. S.M. 1996, c. 58, s. 465 ; S.M. 2005, c. 8, s. 11 ; S.M. 2012, c. 40, s. 33 ; S.M. 2023, c. 34, s. 62 . Restriction on investigation by minister 19(1) Where the Minister of Justice certifies in writing to the Ombudsman that the investigation of a matter would be contrary to the public interest under the circumstances, the Ombudsman shall not investigate that matter, or, if the Ombudsman has commenced an investigation of that matter, they shall discontinue the investigation. Report of certificate 19(2) Where a certificate is given under subsection (1), the Ombudsman shall include that fact and a brief description of the circumstances of the matter in their next annual report to the assembly. S.M. 1993, c. 48, s. 83 . Questions relating to jurisdiction 20 Where a question arises as to the jurisdiction of the Ombudsman to investigate any case or class of cases under this Act, the Ombudsman may apply to the Court of King's Bench for a declaratory order determining the question. Complaints in writing 21 Every complaint to the Ombudsman shall be made in writing. Privacy of communication to Ombudsman 22 Notwithstanding any Act, where a letter written by a person in custody on a charge or after conviction for an offence, or by an inmate in any hospital, mental hospital, home or institution operated by or under the direction of the government, or by any person in custody of another person for any other reason, is addressed to the Ombudsman, it shall be forwarded immediately, unopened, to the Ombudsman by the person for the time being in charge of the place or institution where the writer of the letter is detained or in which they are an inmate, or by the person having custody of the writer. Refusal to investigate 23(1) The Ombudsman, in their discretion, may refuse to investigate or may cease to investigate a complaint if (a) it relates to any decision, recommendation, act or omission of which the complainant has had knowledge for more than one year before the complaint is received by the Ombudsman; or (b) in their opinion it is frivolous or vexatious or not made in good faith or concerns a trivial matter; or (c) in their opinion, upon a balance between the public interest and the person aggrieved, it should not be investigated or the investigation should not be continued; or (d) in their opinion the circumstances of the case do not require investigation. Limitation on review of discretionary powers 23(2) Where, in the course of or after an investigation of any decision, act or omission, done or omitted by a department, agency of the government or municipality, or any officer or employee thereof in the exercise of a discretion vested in that department, agency, municipality, officer, or employee, the Ombudsman is satisfied that the decision, act or omission is not clearly wrong or unreasonable, the Ombudsman shall make no further investigation of the matter and shall report to the complainant that they are so satisfied. S.M. 1996, c. 58, s. 465 . Report of refusal to investigate 24 Where the Ombudsman decides not to investigate or to cease investigating a complaint the Ombudsman shall inform the complainant, and any other interested person, of their decision. Notice of investigation 25 Before investigating a complaint, the Ombudsman shall inform the deputy minister or the administrative head of the department or agency of the government affected, or the chief administrative officer of the municipality affected, of the Ombudsman's intention to make the investigation. S.M. 1996, c. 58, s. 465 . Private investigations 26 Every investigation by the Ombudsman under this Act shall be conducted in private. Hearings 27 The Ombudsman may hold hearings and hear or obtain information from any person and make inquiries as the Ombudsman thinks fit. Right to be heard 28 The Ombudsman is not required to hold a hearing and no person is entitled, as of right, to be heard by the Ombudsman; but, if at any time it appears to the Ombudsman that there is sufficient grounds for making a report or recommendation in respect of any matter that may adversely affect any department, agency of the government, municipality or person, the Ombudsman shall give to that department, agency, municipality or person, an opportunity to make representations in respect of the matter, and the department, agency, municipality or person may make representations in respect of the matter by counsel. S.M. 1996, c. 58, s. 465 . Consultation with minister 29(1) The Ombudsman may, at any time during or after an investigation, consult any minister or head of council who is concerned in the matter of the investigation. Reference to deputy minister 29(2) Where, during or after an investigation, the Ombudsman is of the opinion that there is evidence of a breach of duty or misconduct by a department, agency of the government or municipality or any officer or employee thereof, the Ombudsman shall refer the matter to the deputy minister or administrative head of the department or agency of the government or the chief administrative officer of the municipality. S.M. 1996, c. 58, s. 465 . Evidence 30(1) Subject to section 31, the Ombudsman may require any person who in the opinion of the Ombudsman is able to give any information relating to any matter being investigated by the Ombudsman (a) to furnish the information to the Ombudsman; and (b) to produce any document, paper or thing that in the opinion of the Ombudsman relates to the matter being investigated and that may be in the possession or under the control of that person; whether or not that person is an officer, employee or member of the department, agency of the government or municipality and whether or not the document, paper or thing is in the custody or under the control of a department, agency of the government or municipality. Examination on oath 30(2) The Ombudsman may summon before them and examine on oath (a) any person who is an officer or employee or member of any department, agency of the government or municipality and who in the opinion of the Ombudsman is able to give any information relating to any matter being investigated by the Ombudsman; (b) any complainant; and (c) any other person who in the opinion of the Ombudsman is able to give any information relating to any matter being investigated by the Ombudsman. S.M. 1996, c. 58, s. 465 . Restrictions on disclosures 31 Where the Minister of Justice certifies that the giving of any information or the answering of any question or the production of any document, paper or thing might involve the disclosure of (a) the deliberations of the Lieutenant Governor in Council, the Executive Council, or any committee thereof; or (b) proceedings of the Lieutenant Governor in Council, the Executive Council, or any committee thereof; or (c) matters of a secret or confidential nature, or the disclosure of which would be injurious to the public interest; the Ombudsman shall not require the information or answer to be given or the document, paper or thing to be produced, but shall report the giving of the certificate and the matter in respect of which it was given in the Ombudsman's next annual report to the assembly. S.M. 1993, c. 48, s. 83 . Application of certain rules 32(1) Subject to section 31, a rule of law that authorizes or requires the withholding of any document, paper or thing, or the refusal to answer any question, on the ground that the disclosure or answering would be injurious to the public interest does not apply in respect of any investigation by or proceedings before the Ombudsman. Provisions relating to secrecy 32(2) Subject to section 31, no provision of any Act of the Legislature requiring a person to maintain secrecy in relation to, or not to disclose information relating to, any matter shall apply in respect of an investigation by the Ombudsman; and no person required by the Ombudsman to furnish information or to produce any document, paper or thing or summoned by the Ombudsman to give evidence, shall refuse to furnish the information, produce the document, paper or thing, or to answer questions on the ground of any such provision. Admissibility of evidence 33 Except on the trial of a person for perjury, no statement made, or answer or evidence given by that or any other person in the course of an investigation by or any proceedings before the Ombudsman is admissible in evidence against any person in any court or at any inquiry or in any other proceedings, and no evidence respecting proceedings before the Ombudsman shall be given against any person. Defence for certain offences 34 No person is guilty of an offence against any other Act of the Legislature by reason of their compliance with any request or requirement of the Ombudsman to furnish information or produce any document, paper or thing, or by reason of answering any question in any investigation of the Ombudsman. Right of entry 35(1) For the purposes of this Act, the Ombudsman may at any time enter upon the premises occupied by any department, agency of the government or municipality and, subject to section 31, carry out therein any investigation within their jurisdiction. Notice of entry 35(2) Upon entering any premises under subsection (1), the Ombudsman shall notify the deputy minister or administrative head of the department or agency of the government or the chief administrative officer of the municipality that occupies the premises. S.M. 1996, c. 58, s. 465 . Report on investigation 36(1) Where, after making an investigation under this Act, the Ombudsman is of opinion (a) that a decision, recommendation, act or omission that is the subject matter of the investigation appears to have been (i) contrary to law, or (ii) unreasonable, or (iii) unjust, or (iv) oppressive, or (v) improperly discriminatory, or (vi) in accordance with a practice or procedure that is or may be unreasonable, unjust, oppressive, or improperly discriminatory, or (vii) based wholly or partly on a mistake of law or fact, or (viii) wrong; or (b) that in making a decision or recommendation, or in doing or omitting an act, a power or right has been exercised (i) for an improper purpose, or (ii) on irrelevant grounds, or (iii) on the taking into account of irrelevant considerations; or (c) that reasons should have been given for a decision, recommendation, act or omission that was the subject matter of the investigation; the Ombudsman shall report their opinion and their reasons and may make such recommendations as they think fit (d) to the appropriate minister and to the department or agency of the government concerned; or (e) to the appropriate head of council. Nature of recommendations 36(2) Without limiting the generality of subsection (1), in making a report under subsection (1), the Ombudsman may recommend (a) that a matter should be referred to the appropriate authority for further consideration; or (b) that an omission should be rectified; or (c) that a decision should be cancelled or varied; or (d) that any practice on which a decision, recommendation, act or omission was based should be altered or reviewed; or (e) that any law on which a decision, recommendation, act or omission was based should be reconsidered; or (f) that reasons should be given for any decision, recommendation, act or omission; or (g) that any other steps should be taken. Report considered at closed meeting 36(3) Where the Ombudsman reports to a head of council under clause (1)⁠(e), the head of council shall at the next meeting of council close the meeting to the public in accordance with The Municipal Act or The City of Winnipeg Charter , as the case may be, and council shall meet as a committee to discuss the report. S.M. 1996, c. 58, s. 465 ; S.M. 2002, c. 39, s. 529 . Notice of proposed steps 37(1) Where the Ombudsman makes a recommendation under section 36, the Ombudsman may request the department, agency of the government or municipality to notify them within a specified time of the steps that it has taken or proposes to take to give effect to their recommendations. Further report on recommendations 37(2) If within a reasonable time after a request respecting recommendations is made under this section, no action is taken which seems to the Ombudsman to be adequate and appropriate, the Ombudsman, in their discretion, after considering the comments, if any, made by or on behalf of the department, agency of the government or municipality affected, may report the matter, including a copy of the report containing the recommendations, (a) in the case of a report under clause 36(1)⁠(d), to the Lieutenant Governor in Council; and (b) in the case of a report under clause 36(1)⁠(e), to the head of council; and may mention the report in the Ombudsman's next annual report to the Assembly. Comments included in report 37(3) Any report made under subsection (2) shall include any comments made by or on behalf of the department, agency of the government or municipality upon the opinion or recommendation of the Ombudsman. Report tabled at council meeting 37(4) Where the Ombudsman reports to the head of council under clause (2)⁠(b), the head of council shall table the report at the next meeting of council. S.M. 1996, c. 58, s. 465 . Report to complainant 38 Where the Ombudsman makes an investigation on the basis of a complaint received by them, the Ombudsman shall report to the complainant, in such manner and at such time as the Ombudsman thinks proper, the result of the investigation. Review of Ombudsman's decision 39 No proceeding of the Ombudsman is void for want of form and, except on the ground of lack of jurisdiction, no proceedings or decisions of the Ombudsman shall be challenged, reviewed, quashed or called in question in any court. Proceedings against Ombudsman prohibited 40 No proceedings lie against the Ombudsman or against any person employed under the Ombudsman for anything they may do or report or say in the course of the exercise or performance, or intended exercise or performance of their functions and duties under this Act, unless it is shown the Ombudsman or person acted in bad faith. Ombudsman not to be called as witness 41 The Ombudsman and any person employed under the Ombudsman shall not be called to give evidence in any court or in any proceedings of a judicial nature in respect of anything coming to the Ombudsman or person's knowledge in the exercise or performance of their functions and duties under this Act. Annual report to Legislature 42 The Ombudsman shall report annually to the assembly through the Speaker on the exercise and performance of the Ombudsman's functions and duties under this Act. Publication of reports 43 In the public interest, or in the interest of a person, department, agency of the government or municipality, the Ombudsman may publish reports relating generally to the exercise and performance of the Ombudsman's functions and duties under this Act or to any particular case investigated by the Ombudsman, whether or not the matters to be dealt with in the report have been the subject of the report made to the assembly under this Act. S.M. 1996, c. 58, s. 465 . Rules 44(1) The assembly may make general rules for the guidance of the Ombudsman in the exercise and performance of the Ombudsman's functions and duties under this Act. Procedure of Ombudsman 44(2) Subject to this Act and any rules made under subsection (1), the Ombudsman may determine their procedure. Offence and penalty 45 Every person who (a) without lawful justification or excuse wilfully obstructs, hinders, or resists the Ombudsman or any other person in the exercise or performance of their functions and duties under this Act; or (b) without lawful justification or excuse refuses or wilfully fails to comply with any lawful requirement of the Ombudsman or any other person under this Act; or (c) wilfully makes any false statement to or misleads or attempts to mislead the Ombudsman or any other person in the exercise or performance of their functions and duties under this Act; is guilty of an offence and liable, on summary conviction, to a fine of not more than $500. or to imprisonment for a term not exceeding three months, or to both. Additional remedies 46 The provisions of this Act are in addition to the provisions of any other Act or rule of law under which any remedy or right of appeal or objection is provided for any person, or any procedure is provided for the inquiry into or investigation of any matter, and nothing in this Act limits or affects any such remedy or right of appeal or objection or procedure.