The Office of the Citizens’ Representative provides a province-wide ombudsman service. It was opened in 2002 and is an independent
office of the House of Assembly.
The primary work of the Citizens’ Representative is to accept complaints from citizens who feel they have been treated unfairly with
respect to their contact with government offices and agencies. The Citizens’ Representative and his staff will attempt to mediate
citizens’ complaints and if this is not possible, will undertake an impartial and unbiased investigation. If the complaint cannot be
resolved throughout the investigation, an investigation report is generated and recommendations can be made to the House of Assembly.
The Office of the Citizens’ Representative can also undertake complaints that study how governmental policies, procedures, and actions
can affect a large number of people. These are called systemic complaints and can result in recommendations that have a much broader
impact than those flowing from individual complaints.
The Citizens’ Representative has the authority to investigate complaints from individuals who believe they have been treated unfairly
by provincial public employees or officials. The Office cannot investigate:
We were contacted by a couple who alleged that they were being denied mortgage assistance by the Department of Human Resources
Labour and Employment (HRL&E) due to a strict interpretation of departmental policy. Following an investigation and after
discussions with HRL&E officials an agreement was reached that concluded the family was eligible for mortgage assistance.
The couple and their four children were able to remain in their hometown, which would not have been possible had HRL&E not
agreed to open a constructive dialogue and reconsider its decision.
Road Rage – Department of Transportation and Works
A citizen brought forward a complaint on behalf of his elderly mother. He alleged unfair and unreasonable treatment by the Department
of Transportation and Works. Specifically, the citizen argued that damages caused to his mother’s home were a direct result of road
upgrading in the vicinity: causing water ponding, and eventually water intrusion into the crawl space of the house. When he contacted
our Office he was very frustrated by the fact that the Department did not recognize or accept responsibility for the damages. An
official from our Office visited the complainant and his mother in order to gain a better understanding of the location of the road in
relation to her home and to view the alleged damages. The Acting Citizens’ Representative met with officials from the Department and
requested that an independent structural assessment be completed on the house to determine what if any effects the upgrading of the road
had on the home. The Department agreed and an inspection of the exterior of the house, crawl space, first and second floors, attic and
adjacent terrain and road was conducted. This resulted in the Department acknowledging damages caused to the home and a one-time
payment was made. The citizen’s mother accepted the offer and was able to make suitable repairs. Kudos to the Department of
Transportation and Works for its sensible and grounded approach to resolving the matter.
Full Benefits Extended: Workplace Health Safety and Compensation Commission (“WHSCC”)
An injured worker registered a complaint against the WHSCC that he had been incorrectly awarded partial earning loss benefits
when he felt he was entitled to full benefits. The worker claimed he had been deemed able to work as a light duty cleaner
when in fact he was physically unable to do so. Our Office reviewed the matter and determined that under Section 60 of the
Workplace Health Safety and Compensation Act the WHSCC could obtain an independent functional capacity evaluation and have the
results compared against existing medical and allied health documentation on file. The new functional capacity evaluation led
to the extension of full earning loss benefits by the WHSCC.
Computer Error Identified: Department of Government Services - Motor Registration Division (“MRD”)
A citizen who had his license suspended because of a criminal conviction was surprised to have a new driver’s license show
up in the mail prior to the expiry of the suspension. We investigated and found that a computer error at MRD resulted in
pre-2005 Criminal Code restrictions being incorrectly processed in the computer system. MRD corrected the problem immediately
so as to prevent similar problems from arising in the future.
Mediated Outcome Improves Living Conditions: Newfoundland and Labrador Housing Corporation (“NLHC”)
Brian contacted us to complain that living conditions in his NLHC unit had deteriorated considerably and he had health and safety
concerns after a septic back-up. Working with NLHC, our Office was successful in having the family relocated to another community.
Upon moving out of the community however, the family was unable to continue with the credit they had established with a local
store owner. We contacted the Department of Human Resources, Labour and Employment and were successful in obtaining emergency
assistance to help the family through the transition into their new community.
Investigating and mediating complaints from citizens against NLHC requires substantial empathy for those accessing and providing
public housing. A person’s house is his or her castle and it is the basic ingredient in providing the comfort, peace and
tranquility that a home entails. It is important that, to the extent possible, public housing units provide citizens with the
capacity to realize those goals. It is equally important to understand that many of the complaints that citizens file against
NLHC stem from housing units that were built decades ago and which have experienced many years of sub-par maintenance. To rectify
these problems will require prolonged and extensive capital expenditures. With these two imperatives as a starting point – and
with a collaborative client focused relationship with NLHC – we strive to address the many and varied issues raised by tenants
of NLHC.
But I Can’t Wait Any Longer: Department of Human Resources Labour and Employment
Margaret contacted us regarding an overdue request for medical transportation. She needed to travel by taxi to a medical
appointment and couldn’t reach anyone to find out if she had been approved. Her problem was compounded by the fact the
appointment was within hours. Our inquiry received immediate attention and Margaret got to her appointment.
