Bill 28 - An Act Respecting Officers of the Legislative Assembly

BILL 28

An Act Respecting Officers of the Legislative Assembly

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Auditor General Act

1 Section 3 of the Auditor General Act, chapter 118 of the Revised Statutes, 2011, is amended

(a) by repealing subsection (1) and substituting the following:

3(1) Subject to subsections (2.1) to (2.4) and despite the Civil Service Act, the Lieutenant-Governor in Council shall appoint, on the recommendation of the Legislative Assembly, a qualified auditor to be the Auditor General of New Brunswick.

(b) by adding after subsection (2) the following:

3(2.1) Before an appointment is made under subsection (1), a selection committee shall be established for the purpose of identifying persons as potential candidates to be appointed Auditor General.

3(2.2) The selection committee shall be composed of

(a) the Clerk of the Executive Council or a person designated by the Clerk of the Executive Council,

(b) the Clerk of the Legislative Assembly or a person designated by the Clerk of the Legislative Assembly,

(d) a member of the university community.

3(2.3) The selection committee shall develop a roster of qualified candidates and submit a list of names of qualified candidates to the Lieutenant-Governor in Council.

3(2.4) The Premier shall consult with the leader of the opposition and the leaders of the other political parties having representation in the Legislative Assembly during the most recent sitting with respect to one or more qualified candidates from the selection committee’s list of qualified candidates.

3(3) Subject to subsection (3.1), the Auditor General shall hold office for a term of ten years and is not eligible for reappointment.

(d) by adding after subsection (3) the following:

3(3.1) The Lieutenant-Governor in Council may extend the term of the Auditor General for a period of not more than 12 months.

3(3.2) The Auditor General may resign from office by notice in writing addressed to the Speaker of the Legislative Assembly or, if there is no Speaker or the Speaker is absent from the Province, to the Clerk of the Legislative Assembly.

3(3.3) The Speaker or the Clerk, as the case may be, shall immediately inform the Lieutenant-Governor in Council of the Auditor General’s resignation.

(e) by adding after subsection (4) the following:

3(4.1) The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Auditor General, with or without pay, pending an investigation that may lead to removal under subsection (4).

3(4.2) If the Legislature is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, on an application by the Lieutenant-Governor in Council, suspend the Auditor General, with or without pay, for incapacity, neglect of duty or misconduct.

3(4.3) If the Lieutenant-Governor in Council makes an application under subsection (4.2), the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.

3(4.4) If a judge of The Court of Queen’s Bench of New Brunswick suspends the Auditor General under subsection (4.2), the judge shall do the following:

(a) appoint an acting Auditor General to hold office until the suspension has been dealt with by the Legislative Assembly; and

(b) table a report on the suspension with the Legislative Assembly within ten days after the commencement of the next session of the Legislature.

3(4.5) No suspension under subsection (4.2) shall continue beyond the end of the next session of the Legislature.

3(4.6) If the Auditor General has been suspended under subsection (4.1), the Lieutenant-Governor in Council may appoint an acting Auditor General to hold office until the suspension has elapsed.

3(4.7) An acting Auditor General, while in office, has the powers and duties of the Auditor General and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.

(f) by repealing subsection (5) and substituting the following:

3(5) The Lieutenant-Governor in Council may appoint an acting Auditor General for a term of up to one year if

(a) the office of Auditor General becomes vacant during a sitting of the Legislative Assembly, but the Legislative Assembly does not make a recommendation under subsection (1) before the end of the sitting, or

(b) the office of Auditor General becomes vacant while the Legislative Assembly is not sitting.

3(5.1) The appointment of the acting Auditor General comes to an end when a new Auditor General is appointed under subsection (1).

3(5.2) If the Auditor General is unable to act because of illness, the Lieutenant-Governor in Council may appoint an acting Auditor General, whose appointment comes to an end when the Auditor General is again able to act or when the office becomes vacant.

3(5.3) An appointment under subsection (4.4), (4.6), (5) or (5.2) shall not impede a person’s subsequent appointment under subsection (1).

3(5.4) The Premier shall consult with the leader of the opposition before an appointment is made under subsection (4.6), (5) or (5.2).

(g) in subsection (6) of the French version by striking out “aux mêmes avantages que ces derniers” and substituting “à des avantages semblables à ceux des administrateurs généraux”.

Child and Youth Advocate Act

2(1) Section 3 of the Child and Youth Advocate Act, chapter C-2.7 of the Acts of New Brunswick, 2007, is amended

(a) in subsection (1) by striking out “There shall be” and substituting “Subject to subsections (1.1) to (1.4), there shall be”;

(b) by adding the following after subsection (1):

3(1.1) Before an appointment is made under subsection (1), a selection committee shall be established for the purpose of identifying persons as potential candidates to be appointed Advocate.

3(1.2) The selection committee shall be composed of

(a) the Clerk of the Executive Council or a person designated by the Clerk of the Executive Council,

(b) the Clerk of the Legislative Assembly or a person designated by the Clerk of the Legislative Assembly,

(d) a member of the university community.

3(1.3) The selection committee shall develop a roster of qualified candidates and submit a list of names of qualified candidates to the Lieutenant-Governor in Council.

3(1.4) The Premier shall consult with the leader of the opposition and the leaders of the other political parties having representation in the Legislative Assembly during the most recent sitting with respect to one or more qualified candidates from the selection committee’s list of qualified candidates.

(c) in subsection (2) by striking out “not less than 5 years and not more than 10 years, and shall not be eligible to be reappointed” and substituting “seven years and is not eligible for reappointment”;

(d) by repealing subsection (3) and substituting the following:

3(3) The Lieutenant-Governor in Council may extend the term of the Advocate for a period of not more than 12 months.

(e) in subsection (4) of the French version by striking out “relève” and substituting “est un fonctionnaire”.

2(2) Section 4 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

4(1) The Advocate shall be paid an annual salary as determined by the Lieutenant-Governor in Council within the deputy head pay plan, and is entitled to receive benefits similar to those received by deputy heads.

(b) by repealing subsection (3).

2(3) Subsection 7(2) of the Act is repealed and the following is substituted:

7(2) The Speaker or the Clerk, as the case may be, shall immediately inform the Lieutenant-Governor in Council of the Advocate’s resignation.

2(4) Section 8 of the Act is amended by adding after subsection (7) the following:

8(8) An appointment under subsection (5) shall not impede a person’s subsequent appointment under section 3.

2(5) Section 9 of the Act is repealed and the following is substituted:

9(1) If the Advocate has been suspended under subsection 8(2), the Lieutenant-Governor in Council may appoint an acting Advocate to hold office until the suspension has elapsed.

9(2) An acting Advocate, while in office, has the powers and duties of the Advocate and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.

9(3) The Premier shall consult with the leader of the opposition before an appointment is made under subsection (1).

9(4) An appointment under subsection (1) shall not impede a person’s subsequent appointment under section 3.

2(6) Section 10 of the Act is repealed and the following is substituted:

10(1) The Lieutenant-Governor in Council may appoint an acting Advocate for a term of up to one year if

(a) the office of Advocate becomes vacant during a sitting of the Legislative Assembly, but the Legislative Assembly does not make a recommendation under section 3 before the end of the sitting, or

(b) the office of Advocate becomes vacant while the Legislative Assembly is not sitting.

10(2) The appointment of an acting Advocate comes to an end when a new Advocate is appointed under section 3.

10(3) If the Advocate is unable to act because of illness, the Lieutenant-Governor in Council may appoint an acting Advocate, whose appointment comes to an end when the Advocate is again able to act or when the office becomes vacant.

10(4) An appointment under subsection (1) or (3) shall not impede a person’s subsequent appointment under section 3.

10(5) The Premier shall consult with the leader of the opposition before an appointment is made under subsection (1) or (3).

Consumer Advocate for Insurance Act

3(1) Section 2 of the Consumer Advocate for Insurance Act, chapter C-17.5 of the Acts of New Brunswick, 2004, is amended

(a) in subsection (2) by striking out “The” and substituting “Subject to subsections (2.1) to (2.4), the”;

(b) by adding after section (2) the following:

2(2.1) Before an appointment is made under subsection (2), a selection committee shall be established for the purpose of identifying persons as potential candidates to be appointed Consumer Advocate.

2(2.2) The selection committee shall be composed of

(a) the Clerk of the Executive Council or a person designated by the Clerk of the Executive Council,

(b) the Clerk of the Legislative Assembly or a person designated by the Clerk of the Legislative Assembly,

(d) a member of the university community.

2(2.3) The selection committee shall develop a roster of qualified candidates and submit a list of names of qualified candidates to the Lieutenant-Governor in Council.

2(2.4) The Premier shall consult with the leader of the opposition and the leaders of the other political parties having representation in the Legislative Assembly during the most recent sitting with respect to one or more qualified candidates from the selection committee’s list of qualified candidates.

2(5) Subject to subsection (6), the Consumer Advocate shall hold office for a term of seven years and is not eligible for reappointment.

(d) by repealing subsection (6) and substituting the following:

2(6) The Lieutenant-Governor in Council may extend the term of the Consumer Advocate for a period of not more than 12 months.

(e) by repealing subsection (7) and substituting the following:

2(7) The Consumer Advocate may resign from office by notice in writing addressed to the Speaker of the Legislative Assembly or, if there is no Speaker or the Speaker is absent from the Province, to the Clerk of the Legislative Assembly.

(f) by repealing subsection (8) and substituting the following:

2(8) The Speaker or the Clerk, as the case may be, shall immediately inform the Lieutenant-Governor in Council of the Consumer Advocate’s resignation.

(g) by repealing subsection (9) and substituting the following:

2(9) The Consumer Advocate shall hold office during good behaviour and may only be removed by the Lieutenant-Governor in Council for incapacity, neglect of duty or misconduct upon an address in which ²/3 of the members of the Legislative Assembly concur.

(h) by adding after subsection (9) the following:

2(10) The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Consumer Advocate, with or without pay, pending an investigation that may lead to removal under subsection (9).

2(11) If the Legislature is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, on an application by the Lieutenant-Governor in Council, suspend the Consumer Advocate, with or without pay, for incapacity, neglect of duty or misconduct.

2(12) If the Lieutenant-Governor in Council makes an application under subsection (11), the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.

2(13) If a judge of The Court of Queen’s Bench of New Brunswick suspends the Consumer Advocate under subsection (11), the judge shall do the following:

(a) appoint an acting Consumer Advocate to hold office until the suspension has been dealt with by the Legislative Assembly; and

(b) table a report on the suspension with the Legislative Assembly within 10 days after the commencement of the next session of the Legislature.

2(14) No suspension under subsection (11) shall continue beyond the end of the next session of the Legislature.

2(15) If the Consumer Advocate has been suspended under subsection (10), the Lieutenant-Governor in Council may appoint an acting Consumer Advocate to hold office until the suspension has elapsed.

2(16) An acting Consumer Advocate, while in office, has the powers and duties of the Consumer Advocate and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.

2(17) The Premier shall consult with the leader of the opposition before an appointment is made under subsection (15).

2(18) An appointment under subsection (13) or (15) shall not impede a person’s subsequent appointment under subsection (2).

3(2) Section 3 of the Act is repealed and the following is substituted:

Salary and benefits

3(1) The Consumer Advocate shall be paid an annual salary as determined by the Lieutenant-Governor in Council within the deputy head pay plan, and is entitled to receive benefits similar to those received by deputy heads.

3(2) The Public Service Superannuation Act applies to the Consumer Advocate.

3(3) Section 4 of the Act is repealed and the following is substituted:

4(1) The Lieutenant-Governor in Council may appoint an acting Consumer Advocate for a term of up to one year if

(a) the office of Consumer Advocate becomes vacant during a sitting of the Legislative Assembly, but the Legislative Assembly does not make a recommendation under section 2 before the end of the sitting, or

(b) the office of Consumer Advocate becomes vacant while the Legislative Assembly is not sitting.

4(2) The appointment of an acting Consumer Advocate comes to an end when a new Consumer Advocate is appointed under section 2.

4(3) If the Consumer Advocate is unable to act because of illness, the Lieutenant-Governor in Council may appoint an acting Consumer Advocate, whose appointment comes to an end when the Consumer Advocate is again able to act or when the office becomes vacant.

4(4) An appointment under subsection (1) or (3) shall not impede a person’s subsequent appointment under subsection 2(2).

4(5) The Premier shall consult with the leader of the opposition before an appointment is made under subsection (1) or (3).

Elections Act

4(1) Section 5 of the Elections Act, chapter E-3 of the Revised Statutes, 1973, is amended

(a) by repealing subsection (1) and substituting the following:

5(1) Subject to subsections (1.1) to (1.13), the Chief Electoral Officer shall be appointed by the Lieutenant-Governor in Council on the recommendation of the Legislative Assembly.

(b) by repealing subsection (1.1) and substituting the following:

5(1.1) Before an appointment is made under subsection (1), a selection committee shall be established for the purpose of identifying persons as potential candidates to be appointed Chief Electoral Officer.

5(1.11) The selection committee shall be composed of

(a) the Clerk of the Executive Council or a person designated by the Clerk of the Executive Council,

(b) the Clerk of the Legislative Assembly or a person designated by the Clerk of the Legislative Assembly,

(d) a member of the university community.

5(1.12) The selection committee shall develop a roster of qualified candidates and submit a list of names of qualified candidates to the Lieutenant-Governor in Council.

5(1.13) The Premier shall consult with the leader of the opposition and the leaders of the other political parties having representation in the Legislative Assembly during the most recent sitting with respect to one or more qualified candidates from the selection committee’s list of qualified candidates.

(d) by repealing subsection (1.2) and substituting the following:

5(1.2) Subject to subsection (1.3), the Chief Electoral Officer shall hold office for a term of ten years and is not eligible for reappointment.

(e) by repealing subsection (1.3) and substituting the following:

5(1.3) The Lieutenant-Governor in Council may extend the term of the Chief Electoral Officer for a period of not more than 12 months.

(f) by repealing subsection (1.4) and substituting the following:

5(1.4) The Chief Electoral Officer shall be paid an annual salary as determined by the Lieutenant-Governor in Council within the deputy head pay plan, and is entitled to receive benefits similar to those received by deputy heads.

(g) by adding after subsection (1.4) the following:

5(1.5) The Public Service Superannuation Act applies to the Chief Electoral Officer.

5(1.6) The Chief Electoral Office may resign from office by notice in writing addressed to the Speaker of the Legislative Assembly or, if there is no Speaker or the Speaker is absent from the Province, to the Clerk of the Legislative Assembly.

5(1.7) The Speaker or the Clerk, as the case may be, shall immediately inform the Lieutenant-Governor in Council of the Chief Electoral Officer’s resignation.

5(1.8) The Chief Electoral Officer shall hold office during good behaviour and may only be removed by the Lieutenant-Governor in Council for incapacity, neglect of duty or misconduct upon an address in which ²/3 of the members of the Legislative Assembly concur.

5(1.9) The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Chief Electoral Officer, with or without pay, pending an investigation that may lead to removal under subsection (1.8).

(h) by repealing subsection (2) and substituting the following:

5(2) If the Legislature is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, on an application by the Lieutenant-Governor in Council, suspend the Chief Electoral Officer, with or without pay, for incapacity, neglect of duty or misconduct.

(i) by adding after subsection (2) the following:

5(2.1) If the Lieutenant-Governor in Council makes an application under subsection (2), the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.

5(2.2) If a judge of The Court of Queen’s Bench of New Brunswick suspends the Chief Electoral Officer under subsection (2), the judge shall do the following:

(a) appoint an acting Chief Electoral Officer to hold office until the suspension has been dealt with by the Legislative Assembly; and

(b) table a report on the suspension with the Legislative Assembly within ten days after the commencement of the next session of the Legislature.

5(2.3) No suspension under subsection (2) shall continue beyond the end of the next session of the Legislature.

5(2.4) If the Chief Electoral Officer has been suspended under subsection (1.9), the Lieutenant-Governor in Council may appoint an acting Chief Electoral Officer to hold office until the suspension has elapsed.

5(2.5) An acting Chief Electoral Officer, while in office, has the powers and duties of the Chief Electoral Officer and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.

5(2.6) The Lieutenant-Governor in Council may appoint an acting Chief Electoral Officer for a term of up to one year if

(a) the office of Chief Electoral Officer becomes vacant during a sitting of the Legislative Assembly, but the Legislative Assembly does not make a recommendation under subsection (1) before the end of the sitting, or

(b) the office of Chief Electoral Officer becomes vacant while the Legislative Assembly is not sitting.

5(2.7) The appointment of an acting Chief Electoral Officer comes to an end when a new Chief Electoral Officer is appointed under subsection (1).

5(2.8) If the Chief Electoral Officer is unable to act because of illness, the Lieutenant-Governor in Council may appoint an acting Chief Electoral Officer, whose appointment comes to an end when the Chief Electoral Officer is again able to act or when the office becomes vacant.

5(2.9) An appointment under subsection (2.2), (2.4), (2.6) or (2.8) shall not impede a person’s subsequent appointment under subsection (1).

5(2.91) The Premier shall consult with the leader of the opposition before an appointment is made under subsection (2.4), (2.6) or (2.8).

(j) in subsection (3) of the French version by striking out “relève” and substituting “est un fonctionnaire”.

4(2) Subsection 6(3) of the Act is repealed and the following is substituted:

6(3) The staff of Elections New Brunswick may participate in and receive benefits under any health, life, disability or other insurance or superannuation plan available to employees within the public service, in accordance with the terms upon which the right to participate and receive benefits may from time to time be extended to the staff of Elections New Brunswick.

Members’ Conflict of Interest Act

5(1) Section 22 of the Members’ Conflict of Interest Act, chapter M-7.01 of the Acts of New Brunswick, 1999, is repealed and the following is substituted:

22(1) Subject to subsections (2) to (5), the Conflict of Interest Commissioner shall be appointed by the Lieutenant-Governor in Council on the recommendation of the Legislative Assembly.

22(2) Before an appointment is made under subsection (1), a selection committee shall be established for the purpose of identifying persons as potential candidates to be appointed Commissioner.

22(3) The selection committee shall be composed of

(a) the Clerk of the Executive Council or a person designated by the Clerk of the Executive Council,

(b) the Clerk of the Legislative Assembly or a person designated by the Clerk of the Legislative Assembly,

(d) a member of the university community.

22(4) The selection committee shall develop a roster of qualified candidates and submit a list of names of qualified candidates to the Lieutenant-Governor in Council.

22(5) The Premier shall consult with the leader of the opposition and the leaders of the other political parties having representation in the Legislative Assembly during the most recent sitting with respect to one or more qualified candidates from the selection committee’s list of qualified candidates.

22(6) The Commissioner is an officer of the Legislative Assembly.

22(7) Subject to subsection (8), the Commissioner shall hold office for a term of seven years and is not eligible for reappointment.

22(8) The Lieutenant-Governor in Council may extend the term of the Commissioner for a period of not more than 12 months.

5(2) Section 23 of the Act is repealed and the following is substituted:

23(1) The Commissioner may resign from office by notice in writing addressed to the Speaker of the Legislative Assembly or, if there is no Speaker or the Speaker is absent from the Province, to the Clerk of the Legislative Assembly.

23(2) The Speaker or the Clerk, as the case may be, shall immediately inform the Lieutenant-Governor in Council of the Commissioner’s resignation.

5(3) Section 24 of the Act is repealed and the following is substituted:

Suspension or removal

24(1) The Commissioner shall hold office during good behaviour and may only be removed by the Lieutenant-Governor in Council for incapacity, neglect of duty or misconduct upon an address in which ²/3 of the members of the Legislative Assembly concur.

24(2) The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Commissioner, with or without pay, pending an investigation that may lead to removal under subsection (1).

24(3) If the Legislature is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, on an application by the Lieutenant-Governor in Council, suspend the Commissioner, with or without pay, for incapacity, neglect of duty or misconduct.

24(4) If the Lieutenant-Governor in Council makes an application under subsection (3), the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.

24(5) If a judge of The Court of Queen’s Bench of New Brunswick suspends the Commissioner under subsection (3), the judge shall do the following:

(a) appoint an acting Commissioner to hold office until the suspension has been dealt with by the Legislative Assembly; and

(b) table a report on the suspension with the Legislative Assembly within 10 days after the commencement of the next session of the Legislature.

24(6) No suspension under subsection (3) shall continue beyond the end of the next session of the Legislature.

24(7) If the Commissioner has been suspended under subsection (2), the Lieutenant-Governor in Council may appoint an acting Commissioner to hold office until the suspension has elapsed.

24(8) An acting Commissioner, while in office, has the powers and duties of the Commissioner and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.

24(9) The Premier shall consult with the leader of the opposition before an appointment is made under subsection (7).

24(10) An appointment under subsection (5) or (7) shall not impede a person’s subsequent appointment under section 22.

5(4) Section 25 of the Act is amended

(a) in subsection (1)

(i) in the portion preceding paragraph (a) by striking out “if” and substituting “for a term of up to one year if”;

(ii) in paragraph (a) of the French version by striking out “de l’Assemblée, mais que celle-ci ne fait pas” and substituting “de l’Assemblée législative, mais cette dernière ne formule pas”;

(b) by adding after subsection (3) the following:

25(4) An appointment under subsection (1) or (3) shall not impede a person’s subsequent appointment under section 22.

25(5) The Premier shall consult with the leader of the opposition before an appointment is made under subsection (1) or (3).

Official Languages Act

6(1) Section 43 of the Official Languages Act, chapter O-0.5 of the Acts of New Brunswick, 2002, is amended

(a) in subsection (2) by striking out “There shall be” and substituting “Subject to subsections (2.1) to (2.4), there shall be”;

(b) by adding after subsection (2) the following:

43(2.1) Before an appointment is made under subsection (2), a selection committee shall be established for the purpose of identifying persons as potential candidates to be appointed Commissioner.

43(2.2) The selection committee shall be composed of

(a) the Clerk of the Executive Council or a person designated by the Clerk of the Executive Council,

(b) the Clerk of the Legislative Assembly or a person designated by the Clerk of the Legislative Assembly,

(d) a member of the university community.

43(2.3) The selection committee shall develop a roster of qualified candidates and submit a list of names of qualified candidates to the Lieutenant-Governor in Council.

43(2.4) The Premier shall consult with the leader of the opposition and the leaders of the other political parties having representation in the Legislative Assembly during the most recent sitting with respect to one or more qualified candidates from the selection committee’s list of qualified candidates.

43(2.5) The Commissioner is an officer of the Legislative Assembly.

43(3) Subject to subsection (4), the Commissioner shall hold office for a term of seven years and is not eligible for reappointment.

(d) by repealing subsection (4) and substituting the following:

43(4) The Lieutenant-Governor in Council may extend the term of the Commissioner for a period of not more than 12 months.

(e) by adding after subsection (4) the following:

43(4.1) The Commissioner may resign from office by notice in writing addressed to the Speaker of the Legislative Assembly or, if there is no Speaker or the Speaker is absent from the Province, to the Clerk of the Legislative Assembly.

43(4.2) The Speaker or the Clerk, as the case may be, shall immediately inform the Lieutenant-Governor in Council of the Commissioner’s resignation.

43(4.3) The Commissioner shall hold office during good behaviour and may only be removed by the Lieutenant-Governor in Council for incapacity, neglect of duty or misconduct upon an address in which 2/3 of the members of the Legislative Assembly concur.

43(4.4) The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Commissioner, with or without pay, pending an investigation that may lead to removal under subsection (4.3).

43(4.5) If the Legislature is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, on an application by the Lieutenant-Governor in Council, suspend the Commissioner, with or without pay, for incapacity, neglect of duty or misconduct.

(f) by repealing subsection (5) and substituting the following:

43(5) If the Lieutenant-Governor in Council makes an application under subsection (4.5), the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.

(g) by adding after subsection (5) the following:

43(5.1) If a judge of The Court of Queen’s Bench of New Brunswick suspends the Commissioner under subsection (4.5), the judge shall do the following:

(a) appoint an acting Commissioner to hold office until the suspension has been dealt with by the Legislative Assembly; and

(b) table a report on the suspension with the Legislative Assembly within ten days after the commencement of the next session of the Legislature.

43(5.2) No suspension under subsection (4.5) shall continue beyond the end of the next session of the Legislature.

43(5.3) If the Commissioner has been suspended under subsection (4.4), the Lieutenant-Governor in Council may appoint an acting Commissioner to hold office until the suspension has elapsed.

43(5.4) An acting Commissioner, while in office, has the powers and duties of the Commissioner and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.

43(5.5) The Lieutenant-Governor in Council may appoint an acting Commissioner for a term of up to one year if

(a) the office of Commissioner becomes vacant during a sitting of the Legislative Assembly, but the Legislative Assembly does not make a recommendation under subsection (2) before the end of the sitting, or

(b) the office of Commissioner becomes vacant while the Legislative Assembly is not sitting.

43(5.6) The appointment of an acting Commissioner comes to an end when a new Commissioner is appointed under subsection (2).

43(5.7) If the Commissioner is unable to act because of illness, the Lieutenant-Governor in Council may appoint an acting Commissioner, whose appointment comes to an end when the Commissioner is again able to act or when the office becomes vacant.

43(5.8) An appointment under subsection (5.1), (5.3), (5.5) or (5.7) shall not impede a person’s subsequent appointment under subsection (2).

43(5.9) The Premier shall consult with the leader of the opposition before an appointment is made under subsection (5.3), (5.5) or (5.7).

(h) by adding after subsection (6) the following:

43(6.1) The Commissioner shall be paid an annual salary as determined by the Lieutenant-Governor in Council within the deputy head pay plan, and is entitled to receive benefits similar to those received by deputy heads.

6(2) Any extension of the term of office of the Commissioner of Official Languages granted by the Lieutenant-Governor in Council after March 1, 2013, and before the coming into force of this section of this amending Act is deemed to have been validly made and is confirmed and ratified.

Ombudsman Act

7(1) Section 2 of the Ombudsman Act, chapter O-5 of the Revised Statutes, 1973, is repealed and the following is substituted:

Appointment of Ombudsman

2(1) Subject to subsections (2) to (5), the Ombudsman shall be appointed by the Lieutenant-Governor in Council on the recommendation of the Legislative Assembly.

2(2) Before an appointment is made under subsection (1), a selection committee shall be established for the purpose of identifying persons as potential candidates to be appointed Ombudsman.

2(3) The selection committee shall be composed of

(a) the Clerk of the Executive Council or a person designated by the Clerk of the Executive Council,

(b) the Clerk of the Legislative Assembly or a person designated by the Clerk of the Legislative Assembly,

(d) a member of the university community.

2(4) The selection committee shall develop a roster of qualified candidates and submit a list of names of qualified candidates to the Lieutenant-Governor in Council.

2(5) The Premier shall consult with the leader of the opposition and the leaders of the other political parties having representation in the Legislative Assembly during the most recent sitting with respect to one or more qualified candidates from the selection committee’s list of qualified candidates.

2(6) The Ombudsman is an officer of the Legislative Assembly.

2(7) Subject to subsection (8), the Ombudsman shall hold office for a term of seven years and is not eligible for reappointment.

2(8) The Lieutenant-Governor in Council may extend the term of the Ombudsman for a period of not more than 12 months.

7(2) The Act is amended by adding after section 2 the following:

Remuneration of Ombudsman

2.1(1) The Ombudsman shall be paid an annual salary as determined by the Lieutenant-Governor in Council within the deputy head pay plan, and is entitled to receive benefits similar to those received by deputy heads.

2.1(2) The Public Service Superannuation Act applies to the Ombudsman.

Resignation of Ombudsman

2.2(1) The Ombudsman may resign from office by notice in writing addressed to the Speaker of the Legislative Assembly or, if there is no Speaker or the Speaker is absent from the Province, to the Clerk of the Legislative Assembly.

2.2(2) The Speaker or the Clerk, as the case may be, shall immediately inform the Lieutenant-Governor in Council of the Ombudsman’s resignation.

7(3) Section 3 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

3(1) The Ombudsman shall hold office during good behaviour and may only be removed by the Lieutenant-Governor in Council for incapacity, neglect of duty or misconduct upon an address in which 2/3 of the members of the Legislative Assembly concur.

(b) by adding after subsection (6) the following:

3(7) If the Ombudsman has been suspended under subsection (1.1), the Lieutenant-Governor in Council may appoint an acting Ombudsman to hold office until the suspension has elapsed.

3(8) An acting Ombudsman, while in office, has the powers and duties of the Ombudsman and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.

3(9) The Premier shall consult with the leader of the opposition before an appointment is made under subsection (7).

3(10) An appointment under subsection (4) or (7) shall not impede a person’s subsequent appointment under section 2.

7(4) Section 4 of the Act is repealed and the following is substituted:

4(1) The Lieutenant-Governor in Council may appoint an acting Ombudsman for a term of up to one year if

(a) the office of Ombudsman becomes vacant during a sitting of the Legislative Assembly, but the Legislative Assembly does not make a recommendation under section 2 before the end of the sitting, or

(b) the office of Ombudsman becomes vacant while the Legislative Assembly is not sitting.

4(2) The appointment of the acting Ombudsman comes to an end when a new Ombudsman is appointed under section 2.

4(3) If the Ombudsman is unable to act because of illness, the Lieutenant-Governor in Council may appoint an acting Ombudsman, whose appointment comes to an end when the Ombudsman is again able to act or when the office becomes vacant.

4(4) An appointment under subsection (1) or (3) shall not impede a person’s subsequent appointment under section 2.

4(5) The Premier shall consult with the leader of the opposition before an appointment is made under subsection (1) or (3).

7(5) Section 4.1 of the Act is repealed.

Right to Information and Protection of Privacy Act

8(1) Section 49 of the Right to Information and Protection of Privacy Act, chapter R-10.6 of the Acts of New Brunswick, 2009, is repealed and the following is substituted:

49(1) There shall be an Office of the Access to Information and Privacy Commissioner, as well as an Access to Information and Privacy Commissioner.

49(2) Subject to subsections (3) to (6), the Commissioner shall be appointed by the Lieutenant-Governor in Council on the recommendation of the Legislative Assembly.

49(3) Before an appointment is made under subsection (2), a selection committee shall be established for the purpose of identifying persons as potential candidates to be appointed Commissioner.

49(4) The selection committee shall be composed of

(a) the Clerk of the Executive Council or a person designated by the Clerk of the Executive Council,

(b) the Clerk of the Legislative Assembly or a person designated by the Clerk of the Legislative Assembly,

(d) a member of the university community.

49(5) The selection committee shall develop a roster of qualified candidates and submit a list of names of qualified candidates to the Lieutenant-Governor in Council.

49(6) The Premier shall consult with the leader of the opposition and the leaders of the other political parties having representation in the Legislative Assembly during the most recent sitting with respect to one or more qualified candidates from the selection committee’s list of qualified candidates.

49(7) The Commissioner is an officer of the Legislative Assembly.

49(8) Subject to subsection (9), the Commissioner shall hold office for a term of seven years and is not eligible for reappointment.

49(9) The Lieutenant-Governor in Council may extend the term of the Commissioner for a period of not more than 12 months.

8(2) Section 51 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

51(1) The Commissioner shall be paid an annual salary as determined by the Lieutenant-Governor in Council within the deputy head pay plan, and is entitled to receive benefits similar to those received by deputy heads.

(b) by repealing subsection (3).

8(3) Subsection 54(2) of the Act is repealed and the following is substituted:

54(2) The Speaker or the Clerk, as the case may be, shall immediately inform the Lieutenant-Governor in Council of the Commissioner’s resignation.

8(4) Section 55 of the Act is amended by adding after subsection (7) the following:

55(8) An appointment under subsection (5) shall not impede a person’s subsequent appointment under section 49.

8(5) Section 56 of the Act is amended by adding after subsection (2) the following:

56(3) The Premier shall consult with the leader of the opposition before an appointment is made under subsection (1).

56(4) An appointment under subsection (1) shall not impede a person’s subsequent appointment under section 49.

8(6) Section 57 of the Act is repealed and the following is substituted:

57(1) The Lieutenant-Governor in Council may appoint an acting Commissioner for a term of one year if

(a) the office of Commissioner becomes vacant during a sitting of the Legislative Assembly, but the Legislative Assembly does not make a recommendation under section 49 before the end of the sitting, or

(b) the office of Commissioner becomes vacant while the Legislative Assembly is not sitting.

57(2) The appointment of an acting Commissioner comes to an end when a new Commissioner is appointed under section 49.

57(3) If the Commissioner is unable to act because of illness, the Lieutenant-Governor in Council may appoint an acting Commissioner, whose appointment comes to an end when the Commissioner is again able to act or when the office becomes vacant.

57(4) An appointment under subsection (1) or (3) shall not impede a person’s subsequent appointment under section 49.

57(5) The Premier shall consult with the leader of the opposition before an appointment is made under subsection (1) or (3).