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
