Bill 24 - Integrity Commissioner Act

BILL 24

Integrity Commissioner Act

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

Definitions

1 The following definitions apply in this Act.

“Commissioner” means the Integrity Commissioner appointed under section 2. (commissaire)

“Court” means The Court of Queen’s Bench of New Brunswick. (Cour)

Appointment of Integrity Commissioner

2( 1) There shall be an Office of the Integrity Commissioner, as well as an Integrity Commissioner.

2( 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.

2( 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.

2( 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.

2( 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.

2( 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 session with respect to one or more qualified candidates from the selection committee’s list of qualified candidates.

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

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

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

Salary and benefits

3( 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.

3( 2) The Commissioner may participate in and receive benefits under any health, life, disability or other insurance, pension or retirement 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 Commissioner.

Eligibility for appointment

4( 1) The Commissioner shall not be a member of the Legislative Assembly and shall not hold any other office of trust or profit, other than his or her office as Commissioner, without the prior approval by the Legislative Assembly or, if it is not sitting, by the Lieutenant-Governor in Council.

4( 2) Despite subsection (1), the Commissioner may hold more than one office given to him or her by the Legislative Assembly or the Lieutenant-Governor in Council.

Oath of Commissioner

5( 1) Before performing any duties or exercising any powers of his or her office, the Commissioner shall take an oath to faithfully and impartially perform the duties and exercise the powers of the office conferred on him or her under this Act or any other Act and not to divulge any information received under this Act or any other Act except for the purpose of giving effect to this Act or any other Act and in compliance with this Act or any other Act.

5( 2) The Speaker or the Clerk of the Legislative Assembly shall administer the oath referred to in subsection (1).

Resignation of Commissioner

6( 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.

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

Removal or suspension of Commissioner

7( 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 two‑thirds of the members of the Legislative Assembly concur.

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

7( 3) If the Legislature is not in session and on an application by the Lieutenant-Governor in Council to the Court, a judge of the Court may suspend the Commissioner, with or without pay, for incapacity, neglect of duty or misconduct.

7( 4) If a judge of the Court 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 ten days after the commencement of the next session of the Legislature.

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

7( 6) Any disclosure by the Commissioner of information which the Commissioner is required to keep confidential under this Act or any other Act shall be grounds for removal from office.

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

Special Commissioner

8( 1) If, for any reason, the Commissioner determines that he or she should not act in respect of any particular matter under this Act or any other Act, the Commissioner shall give written notice of this determination to the Speaker or, if there is no Speaker or the Speaker is absent from the Province, to the Clerk of the Legislative Assembly.

8( 2) The Speaker or the Clerk of the Legislative Assembly, as the case may be, shall immediately inform the Lieutenant‑Governor in Council of the Commissioner’s determination.

8( 3) On the recommendation of the Lieutenant‑Governor in Council, the Commissioner may appoint a Special Commissioner to act in the place of the Commissioner in respect of that matter.

8( 4) A Special Commissioner holds office until the conclusion of the matter in respect of which he or she has been appointed.

8( 5) An appointment under subsection (3) shall not impede a person’s subsequent appointment under section 2.

8( 6) The Premier shall consult with the Leader of the Opposition before an appointment is made under subsection (3).

8( 7) While in office, a Special Commissioner has the powers and duties of the Commissioner and shall be paid the salary or other remuneration and expenses fixed by the Lieutenant‑Governor in Council.

Acting Commissioner

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

9( 2) While in office, an acting Commissioner appointed under subsection (1) has the powers and duties of the Commissioner and shall be paid the salary or other remuneration and expenses fixed by the Lieutenant‑Governor in Council.

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 2.

Filling vacancies

10( 1) Subject to subsection (2), 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 session of the Legislative Assembly, but the Legislative Assembly does not make a recommendation under section 2 before the end of the session, or

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

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

10( 3) If the Commissioner is unable to act because of illness, absence or other cause, 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.

10( 4) While in office, an acting Commissioner appointed under subsection (1) or (3) has the powers and duties of the Commissioner and shall be paid the salary or other remuneration and expenses fixed by the Lieutenant‑Governor in Council.

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

10( 6) The Premier shall consult with the Leader of the Opposition before an appointment is made under subsection (1) or (3).

Staff of the Office of the Integrity Commissioner

11( 1) The Commissioner may appoint those persons to positions in the Office of the Integrity Commissioner that he or she considers necessary to enable him or her to perform the duties and exercise the powers conferred on him or her under this Act or any other Act.

11( 2) Before performing any duties or exercising any powers conferred on him or her under this Act or any other Act, a person appointed under subsection (1) shall take an oath, administered by the Commissioner, that the person will not divulge any information that is received under this Act or any other Act, except for the purpose of giving effect to and in compliance with this Act or any other Act.

11( 3) All persons employed in the Office of the Integrity Commissioner may participate in and receive benefits under any health, life, disability or other insurance, pension or retirement 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 persons employed in the Office of the Integrity Commissioner.

11( 4) The Commissioner may share employees and the cost of those employees with other officers of the Legislative Assembly.

Delegation of powers

12( 1) The Commissioner may delegate, in writing, to any person any power of the Commissioner under this Act or any other Act, except the power of delegation and the power to make a report under this Act or any other Act.

12( 2) Despite subsection (1), if the Commissioner is in a conflict of interest with respect to a matter referred to the Commissioner, the Commissioner may delegate, in writing, to any person any power with respect to that matter, including the power to make a report.

12( 3) A person purporting to exercise a power of the Commissioner by virtue of a delegation under subsection (1) or (2) shall produce evidence of his or her authority to exercise that power when required to do so.

Powers for investigations

13( 1) If the Commissioner is authorized to conduct an investigation under this Act or any other Act, the Commissioner may

(a) order a person to produce to the Commissioner, or provide the Commissioner with access to, any relevant document in the person’s possession or control,

(b) issue a summons to witness to compel the attendance of witnesses,

(d) require evidence to be given under oath or affirmation.

13( 2) If a person fails to comply with a summons issued or an order made under subsection (1), the Commissioner may apply to the Court 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 of the Commissioner and imposing punishment in the same manner as if the person had been found in contempt of court.

Immunity

14( 1) No action or other proceeding lies or shall be instituted against any of the following persons when performing the duties and exercising the powers conferred on him or her under this Act or any other Act for anything he or she may do, report or say in the course of the performance or intended performance of those duties or the exercise or intended exercise of those powers, unless it is shown that he or she acted in bad faith:

(a) the Commissioner or a former Commissioner; and

(b) a person employed or formerly employed in the Office of the Integrity Commissioner.

14( 2) None of the following persons when performing the duties and exercising the powers conferred on him or her under this Act or any other Act shall be called to give evidence in any court or in any proceeding of a judicial nature in respect of anything coming to his or her knowledge in the performance of those duties or the exercise of those powers, whether or not those duties or powers were within his or her jurisdiction:

(a) the Commissioner or a former Commissioner; and

(b) a person employed or formerly employed in the Office of the Integrity Commissioner.

Confidentiality

15( 1) The following persons shall keep confidential and shall not disclose any information and other matters that come to their knowledge in the performance of the duties or the exercise of the powers conferred on them under this Act or any other Act unless with the consent of the person to whom the information relates or unless required to disclose it by law or in furtherance of the Commissioner’s mandate under this Act or any other Act:

(a) the Commissioner or a former Commissioner; and

(b) a person employed or formerly employed in the Office of the Integrity Commissioner.

15( 2) Despite subsection (1), the Commissioner may disclose in a report made under the Members’ Conflict of Interest Act, the Personal Health Information Privacy and Access Act and the Right to Information and Protection of Privacy Act those matters which the Commissioner considers necessary to disclose in order to establish grounds for his or her conclusions and recommendations.

15( 3) Failure to comply with subsection (1) by a person employed in the Office of the Integrity Commissioner is sufficient grounds for dismissal or other disciplinary action as the Commissioner considers appropriate.

15( 4) For the purposes of this section, a person employed in the Office of the Integrity Commissioner includes an employee who is shared with another officer of the Legislative Assembly under subsection 11(4).

15( 5) If a former Commissioner or a person formerly employed in the Office of the Integrity Commissioner fails to comply with subsection (1), the Commissioner may apply to the Court for an order finding the person in contempt of the Commissioner and imposing punishment in the same manner as if the person had been found in contempt of court.

Contracts

16 The Commissioner may contract for those professional services, for limited periods of time or in respect of particular matters, that he or she considers necessary to enable him or her to fulfil his or her responsibilities under this Act or any other Act.

Regulations

17 The Lieutenant-Governor in Council may make regulations

(a) governing the powers and duties of the Commissioner;

(b) prescribing the circumstances that give rise to a conflict of interest for the purposes of section 12;

(c) defining words and expressions used in this Act but not defined in this Act for the purposes of this Act, the regulations or both;

(d) governing any matter that the Lieutenant‑Governor in Council considers necessary for the administration of this Act.

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS AND COMMENCEMENT

Conflict of Interest Commissioner

18( 1) The Conflict of Interest Commissioner under the Members’ Conflict of Interest Act shall be deemed to have been appointed as the first Integrity Commissioner under section 2.

18( 2) Subject to section 7, the first Integrity Commissioner remains in office until he or she resigns or is replaced.

18( 3) The appointment of a person as the Conflict of Interest Commissioner is revoked.

18( 4) All contracts or agreements relating to the salary or the rate of reimbursement for expenses to be paid to the Conflict of Interest Commissioner are null and void.

18( 5) Despite the provisions of a contract or agreement, no salary or expenses shall be paid to the Conflict of Interest Commissioner.

18( 6) No action or other proceeding lies or shall be instituted against the Crown in right of the Province before any court or administrative body in the Province as a result of the revocation of the appointment of the Conflict of Interest Commissioner.

Access to Information and Privacy Commissioner

19( 1) The appointment of a person as the Access to Information and Privacy Commissioner under the Right to Information and Protection of Privacy Act is revoked.

19( 2) All contracts or agreements relating to the salary or the rate of reimbursement for expenses to be paid to the Access to Information and Privacy Commissioner are null and void.

19( 3) Despite the provisions of a contract or agreement, no salary or expenses shall be paid to the Access to Information and Privacy Commissioner.

19( 4) No action or other proceeding lies or shall be instituted against the Minister responsible for the administration of the Right to Information and Protection of Privacy Act or the Crown in right of the Province before any court or administrative body in the Province as a result of the revocation of the appointment of the Access to Information and Privacy Commissioner.

Immunity provision

20 Section 14 of this Act applies with the necessary modifications to the following persons:

(a) any former Access to Information and Privacy Commissioner, the Ombudsman or any former Ombudsman who performed the duties and exercised the powers of that Commissioner under the Right to Information and Protection of Privacy Act and the Personal Health Information Privacy and Access Act and any person holding any office or appointment under that Commissioner and the Ombudsman for the purposes of those Acts;

(b) any former Conflict of Interest Commissioner and any former staff provided through the Office of the Legislative Assembly who assisted that Commissioner in the performance of his or her duties under the Members’ Conflict of Interest Act; and

(c) any former Registrar of Lobbyists under the Lobbyists’ Registration Act and any former assistants and employees of the Registrar of Lobbyists.

Confidentiality provision

21 Section 15 of this Act applies with the necessary modifications to the following persons:

(c) any former Registrar of Lobbyists under the Lobbyists’ Registration Act and any former assistants and employees of the Registrar of Lobbyists.

Child and Youth Advocate Act

22( 1) Subsection 5(2) of the Child and Youth Advocate Act, chapter C-2.7 of the Acts of New Brunswick, 2007, is amended by striking out “and the office of the Access to Information and Privacy Commissioner”.

22( 2) Subsection 11(5) of the Act is amended

(a) by adding “and the Integrity Commissioner” after “Ombudsman”;

(b) by striking out “and the Office of the Access to Information and Privacy Commissioner”.

Lobbyists’ Registration Act

23( 1) Section 1 of the Lobbyists’ Registration Act, chapter 11 of the Acts of New Brunswick, 2014, is amended

(a) by repealing the definition “Registrar”;

(b) by adding the following definition in alphabetical order:

“Commissioner” means the Integrity Commissioner appointed under section 2 of the Integrity Commissioner Act. (commissaire)

23( 2) Subsection 4(3) of the Act is amended by striking out “Registrar” and substituting “Commissioner”.

23( 3) Section 5 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “Registrar” and substituting “Commissioner”;

(b) in subsection (2) by striking out “Registrar” and substituting “Commissioner”.

23( 4) Section 6 of the Act is amended by striking out “Registrar” and substituting “Commissioner”.

23( 5) Section 7 of the Act is amended by striking out “Registrar” and substituting “Commissioner”.

23( 6) Section 8 of the Act is amended by striking out “Registrar” wherever it appears and substituting “Commissioner”.

23( 7) Section 8.1 of the Act is amended by striking out “Registrar” wherever it appears and substituting “Commissioner”.

23( 8) Section 10 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “Registrar” and substituting “Commissioner”;

(b) in subsection (2) by striking out “Registrar” and substituting “Commissioner”.

23( 9) Section 11 of the Act is amended by striking out “Registrar” and substituting “Commissioner”.

23( 10) Section 12 of the Act is amended by striking out “Registrar” and substituting “Commissioner”.

23( 11) Section 13 of the Act is amended by striking out “Registrar” wherever it appears and substituting “Commissioner”.

23( 12) Section 15 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “Registrar” and substituting “Commissioner”;

(b) in subsection (2) by striking out “Registrar” and substituting “Commissioner”.

23( 13) Section 16 of the Act is amended by striking out “Registrar” and substituting “Commissioner”.

23( 14) Section 17 of the Act is amended by striking out “Registrar” and substituting “Commissioner”.

23( 15) Section 18 of the Act is amended by striking out “Registrar” wherever it appears and substituting “Commissioner”.

23( 16) Section 19 of the Act is amended by striking out “Registrar” wherever it appears and substituting “Commissioner”.

23( 17) Section 20 of the Act is amended

(a) in subsection (1) by striking out “Registrar” wherever it appears and substituting “Commissioner”;

(b) in subsection (2) by striking out “Registrar” and substituting “Commissioner”;

23( 18) Section 21 of the Act is amended by striking out “Registrar” and substituting “Commissioner”.

23( 19) The heading “OFFICE OF THE REGISTRAR OF LOBBYISTS” following section 21 of the Act is repealed and the following is substituted:

POWERS AND DUTIES OF COMMISSIONER

23( 20) The heading “Registrar of Lobbyists” preceding section 22 of the Act is repealed.

23( 21) Section 22 of the Act is repealed.

23( 22) The heading “Salary and benefits” preceding section 23 of the Act is repealed.

23( 23) Section 23 of the Act is repealed.

23( 24) The heading “Eligibility for appointment” preceding section 24 of the Act is repealed.

23( 25) Section 24 of the Act is repealed.

23( 26) The heading “Resignation of Registrar” preceding section 25 of the Act is repealed.

23( 27) Section 25 of the Act is repealed.

23( 28) The heading “Suspension or removal of Registrar” preceding section 26 of the Act is repealed.

23( 29) Section 26 of the Act is repealed.

23( 30) The heading “Acting Registrar” preceding section 27 of the Act is repealed.

23( 31) Section 27 of the Act is repealed.

23( 32) The heading “Filling vacancies” preceding section 28 of the Act is repealed.

23( 33) Section 28 of the Act is repealed.

23( 34) Section 29 of the Act is amended by striking out “the Registrar’s duties” and substituting “the Commissioner’s duties”.

23( 35) The heading “Staff of the office of the Registrar” preceding section 30 of the Act is repealed.

23( 36) Section 30 of the Act is repealed.

23( 37) The heading “Delegation of powers” preceding section 31 of the Act is repealed.

23( 38) Section 31 of the Act is repealed.

23( 39) Section 32 of the Act is amended

(a) in subsection (1) by striking out “Registrar” wherever it appears and substituting “Commissioner”;

(b) in subsection (2) by striking out “Registrar” and substituting “Commissioner”;

(d) in subsection (4) by striking out “Registrar” and substituting “Commissioner”.

23( 40) The heading “Registrar may verify information” preceding section 33 of the Act is repealed and the following is substituted:

Commissioner may verify information

23( 41) Section 33 of the Act is amended by striking out “Registrar” and substituting “Commissioner”.

23( 42) The heading “Registrar may refuse to accept a return or other document” preceding section 34 of the Act is repealed and the following is substituted:

Commissioner may refuse to accept a return or other document

23( 43) Section 34 of the Act is amended

(a) in subsection (1) by striking out “Registrar” and substituting “Commissioner”;

(b) in subsection (2) by striking out “Registrar” wherever it appears and substituting “Commissioner”;

23( 44) The heading “Registrar may remove return” preceding section 35 of the Act is repealed and the following is substituted:

Commissioner may remove return

23( 45) Section 35 of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) by striking out “Registrar” and substituting “Commissioner”;

( ii) in paragraph (a) of the English version by striking out “Registrar” and substituting “Commissioner”;

( iii) in paragraph (b) of the English version by striking out “Registrar” and substituting “Commissioner”;

(b) in subsection (2) by striking out “Registrar” and substituting “Commissioner”.

23( 46) Section 36 of the Act is amended

(a) in subsection (1) by striking out “Registrar” wherever it appears and substituting “Commissioner”;

(b) in subsection (2) by striking out “Registrar” and substituting “Commissioner”.

23( 47) Subsection 37(2) of the Act is amended by striking out “Registrar” and substituting “Commissioner”.

23( 48) Section 40 of the Act is repealed.

23( 49) Section 41 of the Act is repealed.

23( 50) The heading “Regulation under the Public Service Superannuation Act” preceding section 42 of the Act is repealed.

23( 51) Section 42 of the Act is repealed.

23( 52) Section 43 of the Act is repealed.

Members’ Conflict of Interest Act

24( 1) Section 1 of the Members’ Conflict of Interest Act, chapter M-7.01 of the Acts of New Brunswick, 1999, is amended by repealing the definition “Commissioner” and substituting the following:

“Commissioner” means the Integrity Commissioner appointed under section 2 of the Integrity Commissioner Act; (commissaire)

24( 2) Section 3 of the French version of the Act is amended

(a) in paragraph a) by striking out “Commissaire” and substituting “commissaire”;

(b) in paragraph b) by striking out “Commissaire” and substituting “commissaire”;

(d) in paragraph d) by striking out “Commissaire” and substituting “commissaire”;

(e) in paragraph e) by striking out “Commissaire” and substituting “commissaire”.

24( 3) Section 8 of the French version of the Act is amended

(a) in subsection (3) by striking out “Commissaire” and substituting “commissaire”;

(b) in paragraph (4)a) by striking out “Commissaire” and substituting “commissaire”.

24( 4) Subsection 9(4) of the French version of the Act is amended by striking out “Commissaire” and substituting “commissaire”.

24( 5) The heading “Approbation par le Commissaire” preceding subsection 14(2) of the French version of the Act is repealed and the following is substituted:

Approbation par le commissaire

24( 6) Section 14 of the French version of the Act is amended

(a) in subsection (2)

( i) in paragraph a) by striking out “Commissaire” and substituting “commissaire”;

( ii) in paragraph b) by striking out “Commissaire” and substituting “commissaire”;

( iii) in paragraph c) by striking out “Commissaire” and substituting “commissaire”;

(b) in subsection (4) by striking out “Commissaire” and substituting “commissaire”.

24( 7) Section 18 of the French version of the Act is amended

(a) in subsection (1) by striking out “Commissaire” wherever it appears and substituting “commissaire”;

(b) in paragraph (2)c) by striking out “Commissaire” and substituting “commissaire”;

(d) in subsection (7) in the portion preceding paragraph a) by striking out “Commissaire” wherever it appears and substituting “commissaire”.

24( 8) Section 19 of the French version of the Act is amended

(a) in subsection (1) by striking out “Commissaire” wherever it appears and substituting “commissaire”;

(b) in subsection (1.1) by striking out “Commissaire” wherever it appears and substituting “commissaire”;

24( 9) Section 20 of the French version of the Act is amended

(a) in subsection (1) by striking out “Commissaire” and substituting “commissaire”;

(b) in paragraph (2)c) by striking out “Commissaire” and substituting “commissaire”;

(d) in subsection (4) in the portion preceding paragraph a) by striking out “Commissaire” and substituting “commissaire”;

(e) in paragraph (5)d) by striking out “Commissaire” and substituting “commissaire”;

(f) in subsection (6) in the portion preceding paragraph a) by striking out “Commissaire” and substituting “commissaire”;

(g) in subsection (7) by striking out “Commissaire” and substituting “commissaire”.

24( 10) Section 21 of the French version of the Act is amended

(a) in subsection (1) by striking out “Commissaire” and substituting “commissaire”;

(b) in subsection (2) by striking out “Commissaire” wherever it appears and substituting “commissaire”.

24( 11) The heading “CONFLICT OF INTEREST COMMISSIONER” following section 21 of the Act is repealed and the following is substituted:

POWERS AND DUTIES OF COMMISSIONER

24( 12) The heading “Appointment” preceding section 22 of the Act is repealed.

24( 13) Section 22 of the Act is repealed.

24( 14) The heading “Resignation” preceding section 23 of the Act is repealed.

24( 15) Section 23 of the Act is repealed.

24( 16) The heading “Suspension or removal” preceding section 24 of the Act is repealed.

24( 17) Section 24 of the Act is repealed.

24( 18) The heading “Vacancy” preceding section 25 of the Act is repealed.

24( 19) Section 25 of the Act is repealed.

24( 20) The heading “Remuneration” preceding section 26 of the Act is repealed.

24( 21) Section 26 of the Act is repealed.

24( 22) The heading “Staff” preceding section 27 of the Act is repealed.

24( 23) Section 27 of the Act is repealed.

24( 24) Section 28 of the French version of the Act is amended in the portion preceding paragraph a) by striking out “Commissaire” and substituting “commissaire”.

24( 25) Section 29 of the French version of the Act is amended by striking out “Commissaire” and substituting “commissaire”.

24( 26) Section 30 of the French version of the Act is amended

(a) in subsection (1) by striking out “Commissaire” and substituting “commissaire”;

(b) in subsection (2)

( i) in the portion preceding paragraph a) by striking out “Commissaire” and substituting “commissaire”;

( ii) in paragraph c) by striking out “Commissaire” and substituting “commissaire”;

(d) in subsection (4)

( i) in paragraph a) by striking out “Commissaire” and substituting “commissaire”;

( ii) in paragraph b) by striking out “Commissaire” and substituting “commissaire”.

24( 27) Section 30.1 of the French version of the Act is amended

(a) in subsection (1) by striking out “Commissaire” and substituting “commissaire”;

(b) in subsection (2)

( i) in the portion preceding paragraph a) by striking out “Commissaire” and substituting “commissaire”;

( ii) in paragraph c) by striking out “Commissaire” and substituting “commissaire”;

24( 28) Subsection 31(1) of the French version of the Act is amended by striking out “Commissaire” and substituting “commissaire”.

24( 29) Section 32 of the French version of the Act is amended by striking out “Commissaire” and substituting “commissaire”.

24( 30) The heading “Confidentiality” preceding section 33 of the Act is repealed.

24( 31) Section 33 of the Act is repealed.

24( 32) The heading “Personal liability” preceding section 34 of the Act is repealed.

24( 33) Section 34 of the Act is repealed.

24( 34) The heading “Testimony” preceding section 35 of the Act is repealed.

24( 35) Section 35 of the Act is repealed.

24( 36) Section 36 of the French version of the Act is amended

(a) in subsection (1) by striking out “Commissaire” and substituting “commissaire”;

(b) in subsection (3) by striking out “Commissaire” and substituting “commissaire”;

24( 37) Section 37 of the French version of the Act is amended

(a) in subsection (1) by striking out “Commissaire” and substituting “commissaire”;

(b) in subsection (2) by striking out “Commissaire” and substituting “commissaire”;

(d) in subsection (3) by striking out “Commissaire” wherever it appears and substituting “commissaire”;

(e) in subsection (4) by striking out “Commissaire” and substituting “commissaire”;

(f) in subsection (5) in the portion preceding paragraph a) by striking out “Commissaire” wherever it appears and substituting “commissaire”.

24( 38) Section 38 of the French version of the Act is amended by striking out “Commissaire” and “doit renvoyer” and substituting “commissaire” and “il doit renvoyer”, respectively.

24( 39) Section 39 of the French version of the Act is amended by striking out “Commissaire” and substituting “commissaire”.

24( 40) The heading “Rapport du Commissaire” preceding section 40 of the French version of the Act is repealed and the following is substituted:

Rapport du commissaire

24( 41) Section 40 of the French version of the Act is amended

(a) in subsection (1) in the portion preceding paragraph a) by striking out “Commissaire” and substituting “commissaire”;

(b) in subsection (2) by striking out “Commissaire” and substituting “commissaire”;

(c) in subsection (3) in the portion preceding paragraph a) by striking out “Commissaire” and substituting “commissaire”;

(d) in subsection (4) by striking out “Commissaire” and substituting “commissaire”.

24( 42) Section 41 of the French version of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph a) by striking out “Commissaire” wherever it appears and substituting “commissaire”;

( ii) in paragraph b) by striking out “Commissaire” and substituting “commissaire”;

(b) in subsection (2) by striking out “Commissaire” and substituting “commissaire”;

24( 43) Section 41.1 of the French version of the Act is amended by striking out “Commissaire” wherever it appears and substituting “commissaire”.

24( 44) Section 43 of the French version of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph a) by striking out “Commissaire” and substituting “commissaire”;

( ii) in paragraph a) by striking out “Commissaire” and substituting “commissaire”;

( iii) in paragraph b) by striking out “Commissaire” and substituting “commissaire”;

(b) in subsection (1.01)

( i) in the portion preceding paragraph a) by striking out “Commissaire” and substituting “commissaire”;

( ii) in paragraph a) by striking out “Commissaire” and substituting “commissaire”;

( iii) in paragraph b) by striking out “Commissaire” and substituting “commissaire”;

( i) in paragraph a) by striking out “Commissaire” and substituting “commissaire”;

( ii) in paragraph b) by striking out “Commissaire” and substituting “commissaire”.

24( 45) Section 43.1 of the French version of the Act is amended

(a) in subsection (1) by striking out “Commissaire” and substituting “commissaire”;

(b) in subsection (2) by striking out “Commissaire” and substituting “commissaire”;

Ombudsman Act

25( 1) Subsection 5(2) of the Ombudsman Act, chapter O-5 of the Revised Statutes, 1973, is amended by striking out “may also hold the office of the Child and Youth Advocate and office of the Access to Information and Privacy Commissioner” and substituting “may hold more than one office given to him or her by the Legislative Assembly or the Lieutenant-Governor in Council”.

25( 2) Subsection 8(3) of the Act is amended by striking out “and the Office of the Access to Information and Privacy Commissioner”.

Personal Health Information Privacy and Access Act

26( 1) Section 1 of the Personal Health Information Privacy and Access Act, chapter P-7.05 of the Acts of New Brunswick, 2009, is amended by repealing the definition “Commissioner” and substituting the following:

“Commissioner” means the Integrity Commissioner appointed under section 2 of the Integrity Commissioner Act. (commissaire)

26( 2) Part 5 of the Act is repealed.

26( 3) The Act is amended by adding before Part 6 the following:

PART 5.1

DUTIES AND POWERS OF COMMISSIONER

Right of entry

65.1 Despite any other Act of the Legislature or any privilege of the law of evidence, in performing duties or exercising powers under this Act, the Commissioner has the right

(a) to enter any office of a custodian and examine and make copies of any record in the custody of the custodian, and

(b) to converse in private with any officer or employee of the custodian.

Duties and powers of the Commissioner

65.2 In addition to the Commissioner’s duties and powers under Part 6 respecting complaints, the Commissioner may

(a) monitor how this Act is administered,

(b) conduct investigations to monitor compliance with this Act,

(d) inform the public about this Act,

(e) promote best practices and provide advice to custodians,

(f) make recommendations with regard to this Act, and

(g) review any matter referred to the Commissioner by the Executive Council.

Commissioner’s report

65.3 The Commissioner shall report annually to the Legislative Assembly on the performance of his or her duties or the exercise of his or her powers under this Act.

26( 4) Paragraph 79(1)(dd) of the Act is repealed.

Right to Information and Protection of Privacy Act

27( 1) Section 1 of the Right to Information and Protection of Privacy Act, chapter R-10.6 of the Acts of New Brunswick, 2009, is amended

(a) by repealing the definition “Commissioner” and substituting the following:

“Commissioner” means the Integrity Commissioner appointed under section 2 of the Integrity Commissioner Act. (commissaire)

(b) in the definition “officer of the Legislative Assembly”

( i) by striking out “the Conflict of Interest Commissioner” and substituting “the Integrity Commissioner”;

( ii) by striking out “, the Access to Information and Privacy Commissioner”.

27( 2) Part 4 of the Act is repealed.

27( 3) The Act is amended by adding before Part 5 the following:

PART 4.1

POWERS AND DUTIES OF THE COMMISSIONER

Powers and duties

64.1( 1) In addition to the powers conferred or duties imposed under Part 5, the Commissioner may

(a) make recommendations with regard to this Act and the regulations,

(b) inform the public about this Act,

(d) comment on the implications for access to information or for protection of privacy of proposed legislative schemes or programs of public bodies,

(e) comment on the implications for protection of privacy of

( i) using or disclosing personal information for record linkage, or

( ii) using information technology in the collection, storage, use or transfer of personal information,

(f) bring to the attention of the head of a public body any failure to fulfil the duty to assist an applicant,

(g) conduct audits, on the Commissioner’s own initiative or on request and in accordance with the regulations, if any, in order to evaluate the level of conformity with Part 3, or

(h) make recommendations, on the Commissioner’s own initiative or on request, to the head of a public body or the responsible Minister of the Crown about the administration of this Act.

64.1( 2) The Commissioner shall review any matter referred to the Commissioner by the Executive Council.

Right of entry

64.2 Despite any other Act of the Legislature or any privilege of the law of evidence, in exercising powers or performing duties under this Act, the Commissioner has the right

(a) to enter any office of a public body and, subject to section 70, examine and make copies of any record in the custody of the public body, and

(b) to converse in private with any officer or employee of a public body.

Commissioner’s report

64.3 The Commissioner shall report annually to the Legislative Assembly on the exercise of his or her functions under this Act.

27( 4) Section 85 of the Act is amended

(a) by repealing paragraph (j);

(b) in paragraph (k) by striking out “60(1)(g)” and substituting “64.1(1)(g)”.

Commencement

28 Section 19, paragraph 20(a), paragraph 21(a), subsection 22(1), paragraph 22(2)(b), subsection 25(2), section 26, paragraph 27(1)(a), subparagraph 27(1)(b)(ii) and subsections 27(2), (3) and (4) of this Act come into force on the earlier of the following:

(a) on a day or days to be fixed by proclamation; and

(b) September 1, 2017.