Bill 27 - An Act Respecting the Inquiries Act

BILL 27

An Act Respecting the Inquiries Act

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

Apprenticeship and Occupational Certification Act

1 Subsection 30(10) of the Apprenticeship and Occupational Certification Act, chapter 19 of the Acts of New Brunswick, 2012, is repealed and the following is substituted:

30( 10) In respect of an appeal, the Board has the powers of a commission of inquiry under sections 14 and 17 of the Inquiries Act.

Assessment and Planning Appeal Board Act

2( 1) The heading “Pouvoirs prévus par la Loi sur les enquêtes” preceding section 12 of the French version of the Assessment and Planning Appeal Board Act, chapter 114 of the Revised Statutes, 2011, is amended by striking out “prévus” and substituting “conférés”.

2( 2) Section 12 of the Act is repealed and the following is substituted:

Powers under the Inquiries Act

12 The Board has the powers of a commission of inquiry under sections 14 and 17 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act.

Atlantic Provinces Harness Racing Commission Act

3( 1) The heading “Powers and privileges under the Inquiries Act” preceding section 12 of the Atlantic Provinces Harness Racing Commission Act, chapter 119 of the Revised Statutes, 2014, is repealed and the following is substituted:

Powers under the Inquiries Act

3( 2) Section 12 of the Act is repealed and the following is substituted:

12 In relation to any hearing under this Act relating to matters arising in New Brunswick, the Commission, the Board or any harness racing judge to whom the power to hold hearings is delegated has the powers of a commission of inquiry under sections 14 and 17 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act.

Auditor General Act

4( 1) Subsection 12(2) of the Auditor General Act, chapter 118 of the Revised Statutes, 2011, is repealed.

4( 2) The heading “Evidence” preceding section 13.1 of the Act is repealed and the following is substituted:

Powers respecting information and testimony

4( 3) Section 13.1 of the Act is repealed and the following is substituted:

13.1 For the purposes of an audit, the Auditor General may

(a) order a person to produce to the Auditor General, or provide the Auditor General with access to, any information in his or her possession or control that is relevant to the audit,

(b) by summons, require a person to appear before the Auditor General and testify under oath or affirmation, and

4( 4) The Act is amended by adding after section 13.1 the following:

Enforcement

13.11 If a person fails to comply with an order made or a summons issued under section 13.1, the Auditor General may apply to The Court of Queen’s Bench of New Brunswick for one or both of the following orders:

(a) an order directing the person to comply with the order or summons; and

(b) an order finding the person in contempt and imposing punishment in the same manner as if the person had been found in contempt of court.

Child and Youth Advocate Act

5( 1) The heading “Commissioner under the Inquiries Act” preceding section 18 of the Child and Youth Advocate Act, chapter C-2.7 of the Acts of New Brunswick, 2007, is repealed.

5( 2) Section 18 of the Act is repealed.

5( 3) Subsection 20(1) of the French version of the Act is amended by striking out the portion preceding paragraph (a) and substituting the following:

20( 1) Le défenseur peut, par assignation, exiger que comparaissent devant lui et peut interroger sous serment les personnes suivantes :

5( 4) Section 21 of the Act is amended by adding after subsection (2) the following:

21( 2.1) If a person fails to comply with a request made under subsection (2), the Advocate may order the person to comply.

5( 5) The Act is amended by adding after section 21 the following:

Enforcement

21.1 If a person fails to comply with a summons issued under subsection 20(1) or an order made under subsection 21(2.1), the Advocate may apply to The Court of Queen’s Bench of New Brunswick for one or both of the following orders:

(a) an order directing the person to comply with the summons or order; and

(b) an order finding the person in contempt and imposing punishment in the same manner as if the person had been found in contempt of court.

Civil Service Act

6 Section 31.1 of the Civil Service Act, chapter C-5.1 of the Acts of New Brunswick, 1984, is repealed and the following is substituted:

Powers under the Inquiries Act

31.1 For the purposes of an investigation, the Ombudsman has the powers of a commission of inquiry under sections 13, 14 and 17 of the Inquiries Act.

Consumer Advocate for Insurance Act

7( 1) The heading “Consumer Advocate has powers, privileges and immunities of a commissioner” preceding section 8 of the Consumer Advocate for Insurance Act, chapter C-17.5 of the Acts of New Brunswick, 2004, is repealed and the following is substituted:

Powers under the Inquiries Act

7( 2) Section 8 of the Act is repealed and the following is substituted:

8 For the purposes of this Act, the Consumer Advocate has the powers of a commission of inquiry under sections 13 and 17 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act.

Control of Municipalities Act

8( 1) Section 5 of the Control of Municipalities Act, chapter C-20 of the Revised Statutes, 1973, is repealed and the following is substituted:

Powers under the Inquiries Act

5 The Commissioner has the powers of a commission of inquiry under sections 13, 14 and 17 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act.

8( 2) Section 13 of the Act is amended by striking out “shall have the same power as a commissioner under the Inquiries Act” and substituting “has the powers of a commission of inquiry under sections 13, 14 and 17 of the Inquiries Act”.

8( 3) Subsection 31(2) of the Act is repealed and the following is substituted:

31( 2) In the course of an inquiry, the Lieutenant-Governor in Council may order the Commissioner to investigate any or all of the affairs of the municipality or may establish a commission of inquiry under the Inquiries Act.

Corrections Act

9 Subsection 5(2) of the Corrections Act, chapter 132 of the Revised Statutes, 2011, is repealed and the following is substituted:

5( 2) For the purposes of an inquiry under paragraph (1)(b), a person appointed under subsection (1) has the powers of a commission of inquiry under sections 13, 14 and 17 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act.

Crown Lands and Forests Act

10 Subparagraph 95(1)(d.6)(i) of the Crown Lands and Forests Act, chapter C-38.1 of the Acts of New Brunswick, 1980, is repealed and the following is substituted:

( i) the powers, immunities, functions and duties of the appeal board;

Regulation under the Crown Lands and Forests Act

11 Paragraph 2.7(a) of New Brunswick Regulation 86-160 under the Crown Lands and Forests Act is repealed and the following is substituted:

(a) have the powers of a commission of inquiry under sections 14 and 17 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act,

Direct Sellers Act

12 Section 25 of the Direct Sellers Act, chapter 141 of the Revised Statutes, 2011, is repealed and the following is substituted:

Enforcement

25 For the purposes of an investigation that the Director considers necessary for the effective administration of this Act, the Commission may designate a person to carry out the investigation and that person shall have the powers of a commission of inquiry under sections 13, 14 and 17 of the Inquiries Act.

Education Act

13( 1) Subsection 31(8) of the Education Act, chapter E-1.12 of the Acts of New Brunswick, 1997, is repealed and the following is substituted:

31( 8) For the purposes of this Act, the Appeal Board has the powers of a commission of inquiry under sections 14 and 17 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act.

13( 2) Paragraph 40.2(2)(a) of the Act is repealed and the following is substituted:

(a) if the appointment so provides, has the powers of a commission of inquiry under sections 13 and 17 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act,

Employment Standards Act

14 Subsection 53(1) of the Employment Standards Act, chapter E-7.2 of the Acts of New Brunswick, 1982, is repealed and the following is substituted:

53( 1) The Board and each member of the Board have the powers of a commission of inquiry under sections 14 and 17 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act.

Family Income Security Act

15 Paragraph 17(n) of the Family Income Security Act, chapter 154 of the Revised Statutes, 2011, is amended by adding “immunities of,” after “exercise of powers by,”.

Regulation under the Family Income Security Act

16 Subsection 28(5) of New Brunswick Regulation 95-61 under the Family Income Security Act is repealed and the following is substituted:

28( 5) For the purposes of the hearing of an appeal, the Board has the powers of a commission of inquiry under sections 14 and 17 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act.

Fire Prevention Act

17 Subsection 9(3) of the Fire Prevention Act, chapter F-13 of the Revised Statutes, 1973, is repealed and the following is substituted:

9( 3) For the purposes of an inquiry under this section, the fire marshal or person directed to hold the inquiry has the powers of a commission of inquiry under sections 13, 14 and 17 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act.

Fisheries Bargaining Act

18 Subsection 97(1) of the Fisheries Bargaining Act, chapter F-15.01 of the Acts of New Brunswick, 1982, is repealed and the following is substituted:

97( 1) For the purposes of this Act, the Board and each member of the Board have the powers of a commission of inquiry under sections 14 and 17 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act.

Forest Products Act

19 Section 12 of the Forest Products Act, chapter 105 of the Revised Statutes, 2012, is amended

(a) in subsection (1) of the French version by striking out “Pour les besoins” and substituting “Dans le cadre”;

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

12( 2) For the purposes of an investigation under the provisions of this Act, the Commission or other person authorized to conduct the investigation has the powers of a commission of inquiry under sections 13 and 17 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act.

Gaming Control Act

20 Subsection 32(9) of the Gaming Control Act, chapter G-1.5 of the Acts of New Brunswick, 2008, is repealed and the following is substituted:

32( 9) For the purposes of a hearing, an adjudicator has the powers of a commission of inquiry under sections 14 and 17 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act.

Industrial Relations Act

21 Subsection 121(1) of the Industrial Relations Act, chapter I-4 of the Revised Statutes, 1973, is repealed and the following is substituted:

121( 1) For the purposes of this Act, the Board and each member of the Board have the powers of a commission of inquiry under sections 14 and 17 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act.

Insurance Act

22 Subsection 19.3(2) of the Insurance Act, chapter I-12 of the Revised Statutes, 1973, is repealed and the following is substituted:

19.3( 2) Every member of the Board has the powers of a commission of inquiry under sections 13, 14 and 17 of the Inquiries Act.

Land Titles Act

23 Subsection 14.1(5) of the Land Titles Act, chapter L-1.1 of the Acts of New Brunswick, 1981, is repealed and the following is substituted:

Powers under the Inquiries Act

14.1( 5) For the purposes of subsection (1), the Registrar General has the powers of a commission of inquiry under sections 14 and 17 of the Inquiries Act.

Loan and Trust Companies Act

24 Subsection 226(4) of the Loan and Trust Companies Act, chapter L-11.2 of the Acts of New Brunswick, 1987, is repealed and the following is substituted:

226( 4) For the purposes of an examination, audit and inquiry, a person appointed as a special examiner has the powers of a commission of inquiry under sections 13, 14 and 17 of the Inquiries Act.

Medical Services Payment Act

25 Paragraph 12(n) of the Medical Services Payment Act, chapter M-7 of the Revised Statutes, 1973, is repealed and the following is substituted:

(n) respecting appeals from anything done under this Act or the regulations, the procedure for appeals, the establishment of bodies and appointment of persons to hear or review appeals, and the duties, powers, immunities and remuneration of such bodies and persons;

Regulation under the Medical Services Payment Act

26 Subsection 33.004(7) of New Brunswick Regulation 84-20 under the Medical Services Payment Act is repealed and the following is substituted:

33.004( 7) For the purposes of a hearing, an adjudicator has the powers of a commission of inquiry under sections 14 and 17 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act.

Members’ Conflict of Interest Act

27 Subsection 37(3) 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:

37( 3) If the Commissioner elects to conduct an inquiry under this section, the Commissioner has the powers of a commission of inquiry under sections 13, 14 and 17 of the Inquiries Act.

Mental Health Act

28( 1) Subsection 7.5(2) of the Mental Health Act, chapter M-10 of the Revised Statutes, 1973, is repealed and the following is substituted:

7.5( 2) For the purposes of proceedings before a tribunal under this Act, the members of the tribunal have the powers of a commission of inquiry under sections 14 and 17 of the Inquiries Act.

28( 2) Subsection 30(7) of the Act is repealed and the following is substituted:

30( 7) For the purposes of any hearing held or inquiry conducted by a review board under this Act, the members of the review board have the powers of a commission of inquiry under sections 14 and 17 of the Inquiries Act.

Mining Act

29 Subsection 13(2) of the Mining Act, chapter M-14.1 of the Acts of New Brunswick, 1985, is repealed and the following is substituted:

Powers under the Inquiries Act

13( 2) For the purposes of this Act and the regulations, the Mining Commissioner has the powers of a commission of inquiry under sections 13, 14 and 17 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act.

Motor Carrier Act

30 Paragraph 4(8)(a) of the Motor Carrier Act, chapter M-16 of the Revised Statutes, 1973, is repealed.

Municipalities Act

31( 1) Paragraph 19(1)(d) of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is repealed and the following is substituted:

(d) appoint one or more persons, who shall have the powers of a commission of inquiry under sections 13 and 17 of the Inquiries Act, to inquire into and report to the Lieutenant-Governor in Council on the adjustments of assets and liabilities referred to in paragraphs (b) and (c),

31( 2) Paragraph 190.073(1)(k) of the Act is repealed and the following is substituted:

(k) appoint one or more persons, who shall have the powers of a commission of inquiry under sections 13 and 17 of the Inquiries Act, to inquire into and report to the Lieutenant-Governor in Council on the adjustments of assets and liabilities referred to in paragraphs (i) and (j),

Natural Products Act

32( 1) Subsection 12(2) of the Natural Products Act, chapter N-1.2 of the Acts of New Brunswick, 1999, is repealed and the following is substituted:

12( 2) For the purposes of conducting an investigation, the Commission, or person delegated its powers, has the powers of a commission of inquiry under sections 13, 14 and 17 of the Inquiries Act.

32( 2) Subsection 67(7) of the Act is repealed and the following is substituted:

67( 7) In relation to the hearing of an appeal, a panel has the powers of a commission of inquiry under sections 14 and 17 of the Inquiries Act.

New Brunswick Grain Act

33( 1) Subsection 5(2) of the New Brunswick Grain Act, chapter 122 of the Revised Statutes, 2014, is repealed and the following is substituted:

5( 2) While conducting any investigation under this section, the Commission has the powers of a commission of inquiry under sections 13 and 17 of the Inquiries Act.

33( 2) Subsection 12(9) of the Act is repealed.

Nursing Homes Act

34 Subsection 10(3) of the Nursing Homes Act, chapter 125 of the Revised Statutes, 2014, is repealed and the following is substituted:

10( 3) The trustee shall have access to all books, records and other documents relating to the operation of the nursing home and, for the purposes of this section, the trustee has the powers of a commission of inquiry under sections 13 and 17 of the Inquiries Act.

Official Languages Act

35 Subsection 43(15) of the Official Languages Act, chapter O-0.5 of the Acts of New Brunswick, 2002, is repealed and the following is substituted:

43( 15) For the purposes of an investigation, the Commissioner has the powers of a commission of inquiry under sections 13, 14 and 17 of the Inquiries Act.

Ombudsman Act

36 Section 10 of the Ombudsman Act, chapter O-5 of the Revised Statutes, 1973, is repealed and the following is substituted:

Powers under the Inquiries Act

10 For the purposes of an investigation, the Ombudsman has the powers of a commission of inquiry under sections 13, 14 and 17 of the Inquiries Act.

Pay Equity Act, 2009

37 Subsection 18(2) of the Pay Equity Act, 2009, chapter P-5.05 of the Acts of New Brunswick, 2009, is repealed.

Pension Benefits Act

38 Subsection 96(1) of the Pension Benefits Act, chapter P-5.1 of the Acts of New Brunswick, 1987, is repealed and the following is substituted:

96( 1) The Labour and Employment Board and each member and alternate member have the powers of a commission of inquiry under sections 14 and 17 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act.

Personal Health Information Privacy and Access Act

39( 1) The heading “Pouvoirs et immunité conférés par la Loi sur les enquêtes” preceding section 61 of the French version of the Personal Health Information Privacy and Access Act, chapter P-7.05 of the Acts of New Brunswick, 2009, is amended by striking out “et immunité”.

39( 2) Section 61 of the Act is repealed and the following is substituted:

Powers under the Inquiries Act

61 If the Commissioner conducts an investigation under this Act, the Commissioner has the powers of a commission of inquiry under sections 13 and 17 of the Inquiries Act.

Petroleum Act

40 Paragraph 48(d) of the Petroleum Act, chapter P-8.03 of the Acts of New Brunswick, 2007, is repealed and the following is substituted:

(d) has the powers of a commission of inquiry under sections 13, 14 and 17 of the Inquiries Act,

Police Act

41 Section 33 of the Police Act, chapter P-9.2 of the Acts of New Brunswick, 1977, is repealed and the following is substituted:

Powers under the Inquiries Act

33 When conducting an arbitration hearing under Part I.1, III or III.2, an arbitrator has the powers of a commission of inquiry under section 14 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act.

Political Process Financing Act

42 Section 16 of the Political Process Financing Act, chapter P-9.3 of the Acts of New Brunswick, 1978, is repealed and the following is substituted:

Powers under the Inquiries Act

16 For the purposes of subparagraph 14(a)(v), section 15 and subsection 35(2), the Supervisor has the powers of a commission of inquiry under sections 13, 14 and 17 of the Inquiries Act.

Provincial Court Act

43( 1) Subsection 6.9(6) of the Provincial Court Act, chapter P-21 of the Revised Statutes, 1973, is repealed and the following is substituted:

6.9( 6) If a person summoned under subsection (4) fails to comply with the requirements of subsection (5), the panel has the same powers to punish for contempt as The Court of Queen’s Bench of New Brunswick.

43( 2) Subsection 6.10(1) of the Act is amended by striking out “in subsection 6.9(10) and it has all the powers of a commissioner under the Inquiries Act” and substituting “in that subsection, and subsections 6.9(4) to (6) apply to any such hearing”.

43( 3) Subsection 22.03(2) of the Act is repealed and the following is substituted:

22.03( 2) For the purposes of an inquiry, the Commission has the powers of a commission of inquiry under sections 13, 14 and 17 of the Inquiries Act.

Public Interest Disclosure Act

44( 1) Section 24 of the Public Interest Disclosure Act, chapter 112 of the Revised Statutes, 2012, is repealed and the following is substituted:

Powers of Ombudsman

24 For the purposes of an investigation, the Ombudsman has the powers of a commission of inquiry under sections 13, 14 and 17 of the Inquiries Act.

44( 2) Subsection 37(2) of the Act is repealed and the following is substituted:

37( 2) In relation to the hearing or determination of any complaint that an adjudicator may hear or determine, an adjudicator has the powers of a commission of inquiry under sections 14 and 17 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act.

Public Service Labour Relations Act

45( 1) Section 21 of the Public Service Labour Relations Act, chapter P-25 of the Revised Statutes, 1973, is repealed and the following is substituted:

Powers under the Inquiries Act

21 In relation to the hearing or determination of any matter that the Board may hear or determine under this Act or the regulations under this Act, the Board has the powers of a commission of inquiry under sections 14 and 17 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act.

45( 2) Section 56 of the Act is repealed and the following is substituted:

Conciliation

56 In relation to the hearing or determination of any matter that a conciliation board may hear or determine, a conciliation board has the powers of a commission of inquiry under sections 14 and 17 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act.

45( 3) Subsection 60.1(4) of the Act is repealed and the following is substituted:

60.1( 4) In relation to the hearing or determination of any matter that a commissioner may hear or determine, a commissioner has the powers of a commission of inquiry under sections 14 and 17 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act.

45( 4) Subsection 83(2) of the Act is repealed and the following is substituted:

83( 2) In relation to the hearing or determination of any matter that an arbitration tribunal may hear or determine, an arbitration tribunal has the powers of a commission of inquiry under sections 14 and 17 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act.

45( 5) Subsection 97(2) of the Act is repealed and the following is substituted:

97( 2) In relation to the hearing or determination of any grievance that an adjudicator may hear or determine, an adjudicator has the powers of a commission of inquiry under sections 14 and 17 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act.

Real Estate Agents Act

46( 1) Subsection 32(6) of the Real Estate Agents Act, chapter 215 of the Revised Statutes, 2011, is repealed and the following is substituted:

32( 6) For the purposes of this section, the Director, or any other person authorized by the Director in writing, has the powers of a commission of inquiry under sections 13, 14 and 17 of the Inquiries Act.

46( 2) Subsection 33(3) of the Act is repealed and the following is substituted:

33( 3) The Association may appoint a hearing committee of not fewer than three members of the Association to conduct a hearing under this section, and, for the purposes of conducting a hearing, the Association or the committee has the powers of a commission of inquiry under sections 14 and 17 of the Inquiries Act.

Right to Information and Protection of Privacy Act

47( 1) The heading “Pouvoirs et immunité conférés par la Loi sur les enquêtes” preceding section 61 of the French version of the Right to Information and Protection of Privacy Act, chapter R-10.6 of the Acts of New Brunswick, 2009, is amended by striking out “et immunité”.

47( 2) Section 61 of the Act is repealed and the following is substituted:

Powers under the Inquiries Act

61 If the Commissioner conducts an investigation under this Act, the Commissioner has the powers of a commission of inquiry under sections 13 and 17 of the Inquiries Act.

Small Claims Act

48 Section 27 of the Small Claims Act, chapter 15 of the Acts of New Brunswick, 2012, is amended

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

27( 1) A complaints committee and each member of the committee may

(a) by summons, require a person to appear before the committee, testify under oath or affirmation and produce to the committee any relevant document or other thing in his or her possession or control, and

(b) administer oaths and affirmations.

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

27( 1.1) If a person fails to comply with a summons issued under paragraph (1)(a), a complaints committee has the same powers to punish for contempt as the Court of Queen’s Bench.

Vocational Rehabilitation of Disabled Persons Act

49 Paragraph 15(f) of the Vocational Rehabilitation of Disabled Persons Act, chapter 234 of the Revised Statutes, 2011, is amended by striking out “function and composition” and substituting “function, composition, powers and immunities”.

Regulation under the Vocational Rehabilitation of Disabled Persons Act

50 Subsection 10(4) of New Brunswick Regulation 91-5 under the Vocational Rehabilitation of Disabled Persons Act is repealed and the following is substituted:

10( 4) For the purposes of a hearing held under this Regulation, the Board has the powers of a commission of inquiry under sections 14 and 17 of the Inquiries Act and the immunity of a commission of inquiry under section 30 of that Act.

Commencement

51 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.