A. The Ombudsman is appointed by at least 2/3 of councillors sitting at the Montréal City Council, where sit the Mayor of Montréal, the 19 Borough Mayors and 45 City Councillors.

The current Ombudsman, Ms. Nadine Mailloux, took office in 2020.

A. The By-law concerning the Ombudsman and the Cities and Towns Act clearly stipulate that no Montréal elected official, no political advisor or associate thereof, and no person with a direct or indirect contractual relationship with Ville de Montréal can be appointed as City Ombudsman.

A. The independence and apolitical nature of the OdM are essential elements of her credibility. The OdM team must carry on their mandate without any fear of reprisal from city managers or elected officials.

As such, the structure of the OdM’s office has been designed to protect that independence. The OdM does not report to any City manager, elected official or political party. The OdM enjoys a great deal of autonomy with regard to the organization of her office, her procedures and the Recommendations that she makes when she deems it appropriate.

Every year, however, the Ombudsman submits to City Council an Annual Report on the performance of her duties and functions, over the preceding 12 months: theses reports are available on the present Web site, under Our Publications.

Once a year, the OdM’s budget is approved by City Council.

A. The OdM’s jurisdiction is limited to matters which are related to Ville de Montréal’s mandate and responsibilities.

She intervenes whenever she believes, on reasonable grounds, that a person or a group of persons have been adversely affected, or are likely to be, following a decision, a recommendation, an act or an omission of Ville de Montréal (central departments and boroughs), a para-municipal agency or a City-controlled corporation (see list hereinafter).

Her jurisdiction also includes the decisions, recommendations, acts or omissions of any person or entity performing a task on behalf of the City (subcontractors/representatives).

Some matters are specifically excluded from the OdM’s jurisdiction.

• She may not investigate any decision, recommendation, act or omission whatsoever of City Council, Executive Committee or a Borough Council, except with regard to complaints related to the Montréal Charter of Rights and Responsibilities;
• Also, she may not intervene in relation to the acts or decisions of any commission or committee created by City Council, Executive Committee or a Borough Council;
• She does not have jurisdiction over any aspect relating to employment matters;
• She may not intervene in relation to the acts or behaviour of an elected official or any member of his or her cabinet;
• She does not have jurisdiction over the behaviour of a peace officer from the Service de police de la Ville de Montréal (SPVM);
• She does not have jurisdiction over the activities of the Société de transport de Montréal (STM) or of one of its employees.

The OdM is also the “guardian” of the Montréal Charter of Rights and Responsibilities.

She handles all citizens’ complaints relating thereto: she offers the only recourse available to citizens, under the said Charter. When a citizen’s complaint is essentially based on the provisions of this Charter, the OdM may exceptionally intervene, investigate and issue Recommendations with regard to the decisions of City Council, Executive Committee or a Borough Council.

Moreover, the By-law concerning the Ombudsman specifically states that the OdM may NOT intervene:

• In relation to private disputes between citizens;
• In relation to a decision or a judgment issued by a court of law or a body performing judicial or quasi-judicial duties;
• When more than one (1) year has elapsed since the citizen has learned of the facts on which the situation he is complaining about is based.

Some of the para-municipal agencies and City-controlled corporations over which the OdM has jurisdiction:

• Corporation des Habitations Jeanne-Mance
• Office municipal d’habitation de Montréal
• Corporation Anjou 80
• Société d’habitation et de développement de Montréal
• Société du Parc Jean-Drapeau
• Société en commandite Stationnement de Montréal
• Commission des services électriques de Montréal

A. This notion refers to the laws and By-Laws from which an organization or entity derives its authority.

The OdM’s enabling statutes are:

• TheBy-Law concerning the Ombudsman (By-law 02-146 as modified by By-laws 02-146-1 and 02-146-2);
• The By-Law concerning the Montréal Charter of Rights and Responsibilities and the Right of Initiative (By-law 05-056 as modified by By-law 05-056-1 and 05-056-2), which includes Schedule A (Montréal Charter of Rights and Responsibilities) and Schedule B (Right of Initiative in Public Consultations); and
• Sections 573.14 to 573.20 of the Cities and Towns Act, (R.S.Q., chapter C-19).

A. Any person (physical or legal entity) or group of persons who believe that they are adversely affected, or are likely to be, by a decision, recommendation, act or omission of Ville de Montréal can submit a complaint to the OdM.

It is usually not necessary to live in Montreal in order to submit a complaint: if the situation you are complaining about meets the competences of Ville de Montréal and that you are personally likely to be injured by this situation, you can file a complaint to the OdM.

Notwithstanding the above, complaints under the Montréal Charter of Rights and Responsibilities may only be filed by a physical person living within the Ville de Montréal territory.

A. The Ombudsman and her employees must respect the confidentiality of any and all information obtained in the course of their interventions/investigations. Moreover, since December 2006, the Cities and Towns Act confirms that such information is not subject to Right of Access legislation and that the Ombudsman and her employees cannot be compelled to testify before any court of law nor to provide any information or deposit any document relating to their interventions/investigations.

All information gathered by the OdM, therefore, remains confidential.

Our office strictly enforces this rule: even citizens who submit a complaint cannot obtain a copy of their whole OdM file: they can only retrieve the documents that they have themselves submitted to our office.

This confidentiality, however, is not absolute:

• When the OdM decides to intervene in a file, she must, under the law, inform the director of the relevant department or borough as well as the General Manager of Ville de Montréal;
• Her closing letter must also be forwarded to these persons;
• Citizens who complain to the OdM must also understand that, in order to investigate and possibly resolve their complaint, we need to communicate sufficient relevant information to the persons who are responsible for the situation under investigation.

A. The OdM has jurisdiction over the central departments, the boroughs, the para-municipal agencies and the City-controlled corporations of Ville de Montréal.

The OdM has broad powers of investigation and all City representatives/employees must provide all information and documents requested by the Ombudsman or her team.

If, following an investigation, the OdM identifies a problematic situation that she is not able to settle amicably, she will then issue a formal Recommendation to request that corrective measures, that she deems appropriate, be taken.

The OdM power is one of RECOMMENDATION and not of decision or order. The concerned director, however, must confirm in writing, whether he or she intends to follow this Recommendation, how soon and if not, why.

Her power is one of recommendation and not one of decsion or order. The director in question still has to confirm, by writing, if he intends to follow up this Recommendation, in what amount of time and why.

The OdM cannot order City representatives to do something. The OdM, however, has a very strong moral authority and, in fact, more than 90% of her Recommendations are accepted and followed.

Moreover, if she deems it appropriate, the OdM may publicly comment on a file.

A. Under the By-law concerning the Ombudsman, the OdM only intervenes with regard to the administrative decisions, recommendations, acts or omissions of Ville de Montréal. She does not have jurisdiction over the actions taken or the decisions made by elected officials or any member of their cabinet.

However, since January 1, 2006, the OdM may intervene with regard to the decisions, recommendations, acts or omissions of the City Council, the Executive Committee or a Borough Council, provided that the citizen’s complaint is mainly based on the provisions of the Montréal Charter of Rights and Responsibilities.

A. A public consultation is a process which allows citizens and project developers (public or private) and/or City representatives to exchange information on a specific project. It provides an opportunity to share their points of view and explain their needs, expectations and concerns.

The main purpose of Public consultations is to increase the level of understanding of all those concerned, which often leads to the improvement of the initial project. It is generally not a decision-making process and the City is not bound by the suggestions that are submitted: the elected officials remain responsible to make the final decision.

In Montréal, the legal duty to consult citizens only applies in cases relating to the modification of an urban planning program, zoning changes or loan applications by a borough. In such cases, a register is maintained and, if necessary, a decisive referendum is held.

In all other cases, it is left up to the elected officials to determine whether or not a public consultation should be conducted.

Since 2010, Schedule B of the By-law concerning the Montréal Charter of Rights and Responsibilities and the Right of Initiative provides citizens with the right to initiate a public consultation under certain conditions.

A. The main role of the Office de consultation publique de Montréal (OCPM) is to organize and conduct public consultations, as requested by Ville de Montréal or the boroughs, with regard to major projects, including urban planning and zoning changes.

All public consultations held in Montréal are not necessarily conducted by the OCPM: the boroughs are not required to use this office and they have the right to proceed differently, with or without the help of another entity, to conduct their public consultations.

The OCPM elaborates and recommends public consultation rules and guidelines on how public consultations should be held.

A. The Montréal Charter of Rights and Responsibilities includes a specific undertaking that ensures the credible, transparent and efficient nature of all public consultations held by Ville de Montréal through the adoption and support of procedures in that regard.

As guardian of this Charter, the OdM can intervene/investigate any Montréal municipal public consultation process to make sure that it satisfies these requirements.

A. In Montréal, more than 20,000 households are waiting for low rent housing (hereafter “HLM”) whereas approximately 2,000 units become available each year. The waiting period may, therefore, vary from a few months to several years.

Several HLMs are managed by the Office municipal d’habitation de Montréal (OMHM), a para-municipal agency responsible for implementing the selection rules imposed by the Québec Government regarding the granting of units under its management.

Upon receiving an application, the OMHM first determines if the applicant meets the eligibility requirements in light of his or her economic and social conditions.

The order of priority, on the various waiting lists, is assessed by taking into account, notably:

• the applicant’s characteristics (family / spouses / single person, retiree, person in a wheelchair);
• the neighbourhoods requested;
• the expected housing category; and
• the number of rooms required.

This order of priority is determined according to a scoring system established and imposed by the Québec Government ; the OMHM must abide by this system. The OdM cannot, therefore, intervene to change the scoring system or the order of priority of a request. Every time a new request comes in, it is given an order of priority on, in accordance with this system.

A new file that receives a higher score will be placed ahead on the waiting list. HLMs are granted in accordance to this score and not on a “first come, first served” basis.

A. Each borough has an Urban Planning Advisory Committee (known as “UPAC”) mandated to evaluate the special requests of citizens or developers, in terms of urban planning and land use: the UPAC studies a file and issues an opinion/recommendation to the Borough Council. Its role is only advisory, not decision-making.

The UPAC is composed of at least one (1) elected official from the borough and of citizens appointed by the Borough Council because of their expertise and their interest.

A UPAC opinion/recommendation is required in the following cases:

• An application for minor exemption;
• The adoption of a Master Plan for Urban Development for the borough;
• The adoption of an Architectural Implementation and Integration plan;
• An application to authorize a conditional use or a particular construction project.

The opinions/recommendations of the UPAC are advisory. As such, the Borough Council is free to decide whether or not to follow them.

A. The Bureau des réclamations of Ville de Montréal is responsible for receiving and handling damages claims from citizens.

Remember that for the City to be found liable for damages, the victim must demonstrate: 1) that the City is at fault; 2) that there were damages (and the value of those damages); and 3) that these damages were directly caused by this fault.

Physical damages
If you have suffered physical damages, for example as a result of a fall on a sidewalk in Ville de Montréal, you may ask for compensation. The City, however, is not always responsible. In cases of physical damages, the law does not require that a formal Notice of claim be sent to the Bureau des réclamations: it is nonetheless desirable.

Your maximum time limit to file a legal action against Ville de Montréal, for physical damages, is three years from the occurrence of the event. After that date, you will have no more legal recourse.

Property damages
If you have suffered property damages as a result of negligence by Ville de Montréal, you may seek compensation. The concept of “property damages” includes damage to movable property (e.g., an automobile) and immovable property (e.g., a house).

A Notice of claim must be sent to Ville de Montréal within 15 days of the event. If you fail to do so, you will no longer have a legal right to sue the City.

Afterwards, the maximum time limit to file a legal action for property damages against Ville de Montréal is six months from the occurrence of the event. After that date, you will have no more legal recourse.

Notice of claim
The law does not impose the use of a specific format for your Notice of claim.

An optional form is, however, available to citizens. The Notice can be mailed or faxed to the Bureau des réclamations of Ville de Montréal:

A. In most boroughs, a By-law which defines the objective maximum noise levels that are acceptable is in force.

Ville de Montréal and the boroughs have also committed themselves, in the Montréal Charter of Rights and Responsibilites, to take adequate action to reduce disturbing noises.

When the source of a disruptive noise is known, you may ask your borough to take noise measurements and, if appropriate, to request corrective measures or issue fines.

Noise disturbance arising from human activity (such as a party, loud music in a home, and so on), as well as noise produced by motor vehicles (motorcycles, cars, trucks or buses that have left their engine running unnecessarily) are to be reported to the police.

Anything that is mechanical (heat pump, ventilation, air conditioning, etc.) or commercial (music from a bar; music broadcast outside by a business; mechanical workshop) is the responsibility of the Direction de l’aménagement urbain et des services aux entreprises in your borough.

A. A permit is required for any internal or external change of a residential building, as well as for construction or demolition projects.

Notwithstanding the foregoing, some maintenance repairs or replacement works which have no impact on the safety of people may not require a permit. To name a few:

• Painting, changing carpets or other flooring;
• Minor surface repairs of exterior walls (brick joints, etc.), without replacing the full wall facing;
• Resurfacing of the roof membrane or shingles without touching the insulation or roof structure;
• Replacing kitchen cabinets or counters, bathroom fixtures or ceiling mounts, without touching the plumbing;
• Landscaping: trees, hedges, fences, including ground-level unistone that is not used for vehicle parking.

To determine whether a permit is required and to ensure the conformity of the work, citizen should communicate with the Permit Department of the concerned borough.

For works relating to electricity or heating systems (electrical or natural gas), you must consult the Régie du bâtiment du Québec web site or call Services Québec at 1 800 363-1363.

A. When a Montrealer is evicted and his belongings are put on the street, Ville de Montréal will normally pick them up and store them for a period of sixty (60) days. This is a service that Ville de Montréal is not required to offer but has undertaken to prevent the stealing or destruction of the said belongings.

This is not a free service in all boroughs. The citizen may have to pay transportation and storage fees in order to retrieve his or her belongings.

If, because of your financial and/or family situation, you require additional time to retrieve your property, the OdM may, exceptionally, intervene and request a short extension of the 60 days warehousing period.

There is limited available space, however, for such storage and this service generally leads to additional costs for the boroughs. As such, time extensions can only be for short periods. The citizen who has not yet found a new home must, therefore, find another solution for the storing of his or her property elsewhere, thus ensuring that other citizens may also benefit from the same privilege.

A. Ville de Montréal must respect the fundamental rights protected under the Canadian Charter of Rights and Freedoms and the Québec Charter of Human Rights and Freedoms.

If necessary for the protection of his or her fundamental rights, a citizen may ask for certain reasonable accommodations with respect to the rules and policies usually applied by Ville de Montréal.

The duty to provide reasonable accommodations only exists when fundamental rights are at stake: the goal is to promote integration and avoid ghettoïzation. The accommodation must, however, be reasonable and should not impose an excessive burden on Ville de Montréal.

If a request for reasonable accommodation is rejected by City representatives, the citizen may ask the OdM to intervene to try to settle the matter: the OdM will make a neutral and independent analysis of the file and, if necessary, intervene between the municipal authorities and the concerned citizen. The OdM may also decide to engage in formal mediation with the parties.

In instances where a fundamental right is not at stake, Ville de Montréal is not legally obliged to accommodate. Nonetheless, the City may still wish to provide some special adjustment, so as to encourage the integration and participation of all citizens to the community life of Montréal. Such privileges are on a voluntary basis only and do not bind Ville de Montréal for the future. The OdM may also play a facilitating role with regard to this type of situation.