BILL 22
An Act to Amend the Public
Interest Disclosure Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section
1 of the Public Interest Disclosure Act, chapter P-23.005 of the Acts
of New Brunswick, 2007, is amended
(a) by repealing the definition “Commissioner”;
(b) by adding the following definition
in alphabetical order:
“Ombudsman” means the Ombudsman
appointed under the Ombudsman Act. (Ombudsman)
2 Subsection
8(1) of the Act is amended by striking out “Commissioner”
and substituting “Ombudsman”.
3 Section
10 of the Act is amended
(a) in subsection (1) by striking
out “Commissioner” and substituting “Ombudsman”;
(b) in subsection (2) by striking
out “Commissioner” and substituting “Ombudsman”.
4 Paragraph
11(c) of the Act is amended by striking out “Commissioner”
and substituting “Ombudsman”.
5 The
heading “Commissioner to facilitate resolution” preceding
section 13 of the Act is amended by striking out “Commissioner”
and substituting “Ombudsman”.
6 Section
13 of the Act is repealed and the following is substituted:
13 Where
an employee makes a disclosure to the Ombudsman, the Ombudsman may
take any steps he or she considers necessary to help resolve the matter
within the portion of the public service in respect of which the disclosure
has been made.
7 Paragraph
18(2)(c) of the Act is amended by striking out “Commissioner”
and substituting “Ombudsman”.
8 The
heading “INVESTIGATIONS BY THE COMMISSIONER” following
section 18 of the Act is amended by striking out “COMMISSIONER”
and substituting “OMBUDSMAN”.
9 The
heading “Investigation by Commissioner” preceding section
20 of the Act is amended by striking out “Commissioner”
and substituting “Ombudsman”.
10 Section
20 of the Act is amended
(a) in subsection (1) by striking
out “Commissioner” and substituting “Ombudsman”;
(b) in subsection (3) by striking
out “Commissioner” and substituting “Ombudsman”;
(c) in subsection (4) by striking
out “Commissioner” and substituting “Ombudsman”.
11 Section
21 of the Act is amended by striking out the portion preceding paragraph
(a) and substituting the following:
21 The
Ombudsman is not required to investigate a disclosure, and may cease
an investigation, if the Ombudsman is of the opinion that
12 Section
22 of the Act is repealed and the following is substituted:
22 If,
during an investigation, the Ombudsman has reason to believe that
another wrongdoing has been committed, the Ombudsman may investigate
that wrongdoing in accordance with this Act.
13 Section
23 of the Act is repealed and the following is substituted:
23 If
the Ombudsman receives a claim of wrongdoing that has been made anonymously
or by a person who is not an employee, the Ombudsman may, in his or
her discretion, forward the claim to the chief executive of that portion
of the public service in respect of which the claim of wrongdoing
is made.
14 The
heading “Powers of Commissioner” preceding section 24
of the Act is amended by striking out “Commissioner” and
substituting “Ombudsman”.
15 Section
24 of the Act is amended by striking out “Commissioner”
and substituting “Ombudsman”.
16 Section
25 of the Act is amended
(a) by repealing subsection (1) and
substituting the following:
25(1)
Despite any other Act or claim of privilege, and subject to subsection
(3), the Ombudsman has a right to all information and documentation
that is necessary to enable the Ombudsman to perform the duties and
exercise the powers under this Act.
(b) by repealing subsection (2) and
substituting the following:
25(2)
Subject to subsection (3), if the Ombudsman requests a person to provide
information relating to a matter being investigated by the Ombudsman
and the Ombudsman is of the opinion that the person is able to provide
the information, the person shall provide the information and produce
any documents or papers that, in the opinion of the Ombudsman, relate
to the matter and that may be in the possession or under the control
of the person.
(c) in subsection (3) in the portion
preceding paragraph (a) by striking out “Commissioner”
and substituting “Ombudsman”;
(d) in subsection (4) in the portion
preceding paragraph (a) by striking out “Commissioner”
and substituting “Ombudsman”.
17 Section
26 of the Act is amended
(a) by repealing subsection (1) and
substituting the following:
26(1)
The Ombudsman, employees of the Office of the Ombudsman and any person
appointed to assist the Ombudsman pursuant to a contract for professional
services shall keep confidential all information and other matters
that come to their knowledge in the exercise of their duties or functions
under this Act, unless required to disclose it by law or in furtherance
of the Ombudsman’s mandate under this Act.
(b) by repealing subsection (2) and
substituting the following:
26(2)
Despite subsection (1), and subject to subsection (3), the Ombudsman
may disclose in a report made under this Act those matters which the
Ombudsman considers necessary to disclose in order to establish grounds
for his or her conclusions and recommendations.
(c) by repealing subsection (3) and
substituting the following:
26(3)
The Ombudsman, employees of the Office of the Ombudsman and any person
appointed to assist the Ombudsman pursuant to a contract for professional
services shall not disclose to any person information that would identify
a person without the person’s consent.
(d) in subsection (4) by striking
out “Commissioner” and substituting “Ombudsman”.
18 Section
27 of the Act is amended
(a) in subsection (1) by striking
out “Commissioner” and substituting “Ombudsman”;
(b) in subsection (2) by striking
out “Commissioner” and substituting “Ombudsman”;
(c) in subsection (3) in the portion
preceding paragraph (a) by striking out “Commissioner”
and substituting “Ombudsman”.
19 Subsection
28(1) of the Act is amended by striking out “Commissioner”
and substituting “Ombudsman”.
20 Section
29 of the Act is amended by striking out the portion preceding paragraph
(a) substituting the following:
29 If
the Ombudsman believes that any portion of the public service has
not appropriately followed up on his or her recommendations, or did
not cooperate in the Ombudsman’s investigation under this Act,
the Ombudsman may make a report on the matter
21 Section
30 of the Act is amended
(a) in subsection (1)
(i) in the portion preceding paragraph (a)
by striking out “Commissioner” and substituting “Ombudsman”;
(ii) in paragraph (e) of the English version
by striking out “Commissioner” and substituting “Ombudsman”;
(iii) in paragraph (f) of the English version
by striking out “Commissioner” and substituting “Ombudsman”;
(iv) in paragraph (g) of the English version
by striking out “Commissioner” and substituting “Ombudsman”;
(b) by repealing subsection (3) and
substituting the following:
30(3)
Where it is in the public interest to do so, the Ombudsman may publish
a special report relating to any matter within the scope of the Ombudsman’s
responsibilities under this Act, including a report referring to and
commenting on any particular matter investigated by the Ombudsman.
22 Paragraph
31(a) of the Act is amended by striking out “Commissioner”
and substituting “Ombudsman”.
23 The
heading “Employees and assistants of Commissioner” preceding
section 45 of the Act is amended by striking out “Commissioner”
and substituting “Ombudsman”.
24 Section
45 of the Act is amended
(a) in subsection (1) by striking
out “Commissioner” and substituting “Ombudsman”;
(b) in subsection (2) by striking
out “Commissioner” and substituting “Ombudsman”;
(c) by repealing subsection (3);
(d) in subsection (4) by striking
out “Office of the Conflict of Interest Commissioner”
wherever it appears and substituting “Office of the Ombudsman”.
25 Section
46 of the Act is amended
(a) in subsection (1) by striking
out “Commissioner” and substituting “Ombudsman”;
(b) in subsection (2) by striking
out “Commissioner” and substituting “Ombudsman”.
26 Section
47 of the Act is repealed and the following is substituted:
47 The
Ombudsman or any person holding any office or appointment under the
Ombudsman pursuant to this Act shall not be called to give evidence
in any court or in any proceedings of a judicial nature in respect
of anything coming to his or her knowledge in the exercise of any
of his or her functions under this Act whether or not that function
was within his or her jurisdiction.
27 Section
48 of the Act is amended by striking out “Commissioner”
wherever it appears and substituting “Ombudsman”.
28 Section
49 of the Act is amended by striking out “Commissioner”
and substituting “Ombudsman”.
29 Section
50 of the Act is amended
(a) in subsection (1) by striking
out “Commissioner” and substituting “Ombudsman”;
(b) in subsection (2) by striking
out “Commissioner” and substituting “Ombudsman”.
TRANSITIONAL PROVISIONS
Transitional provisions
30(1) Any investigation
relating to a disclosure of wrongdoing made to the Conflict of Interest
Commissioner under the Public Interest Disclosure Act before the commencement
of this Act, including any report that is being prepared by the Conflict
of Interest Commissioner, shall be completed by the Conflict of Interest
Commissioner.
30(2) The documentation,
information, records and files pertaining to any investigation or
report by the Conflict of Interest Commissioner under the Public Interest
Disclosure Act remains the documentation, information, records and
files of the Conflict of Interest Commissioner on the commencement
of this Act.
CONSEQUENTIAL AMENDMENT
Regulation under the Public Interest Disclosure Act
31 Section
4 of New Brunswick Regulation 2008-70 under the Public Interest Disclosure
Act is amended by striking out “Commissioner” and substituting “Ombudsman”.