Bill 28 - An Act Respecting The Residential Tenancies Act and the Ombudsman Act

BILL 28

An Act Respecting The Residential Tenancies Act and the Ombudsman Act

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

The Residential Tenancies Act

1( 1) Section 5 of the English version of The Residential Tenancies Act, chapter R-10.2 of the Acts of New Brunswick, 1975, is amended

(a) in subsection (2) by striking out “rentalsman” and substituting “residential tenancies officer”;

(b) in subsection (2.1) by striking out “rentalsman” and substituting “residential tenancies officer”;

5( 3) If a residential tenancies officer receives a notice under subsection (2) or is informed under subsection (2.1), the residential tenancies officer may conduct an investigation and inspect the premises and, after conducting the investigation or inspecting the premises or both, may require the tenant to comply with the tenant’s obligations within the time established by the residential tenancies officer.

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

5( 4) If a tenant refuses to comply with his or her obligations or fails to comply to the satisfaction of the residential tenancies officer within the time established by the residential tenancies officer required under subsection (3), the residential tenancies officer may at the request of the landlord, serve on the tenant a notice to quit terminating the tenancy and requiring the tenant to vacate the premises at the time selected by the residential tenancies officer and specified in the notice.

1( 2) Section 6 of the English version of the Act is amended

(a) in subsection (2) by striking out “rentalsman” and substituting “residential tenancies officer”;

(b) in subsection (2.1) by striking out “rentalsman” and substituting “residential tenancies officer”;

6( 3) If a residential tenancies officer receives a notice under subsection (2) or is informed under subsection (2.1), the residential tenancies officer may conduct an investigation and inspect the premises and after conducting an investigation or inspecting the premises or both may, subject to subsections (6.4) and (8), require the landlord to comply with the landlords’s obligations within the time established by the residential tenancies officer.

(d) in subsection (4) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(e) by repealing subsection (4.1) and substituting the following:

6( 4.1) Despite subsection (3), in the case of an emergency, a residential tenancies officer may perform the obligations of a landlord if

(a) the residential tenancies officer has received a notice under subsection (2) or is informed under subsection (2.1),

(b) the residential tenancies officer has conducted an investigation under subsection (3), and

(c) the landlord cannot be reached by the residential tenancies officer to advise him or her of the breach of obligation and of the emergency.

(f) in subsection (4.2) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

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

Fund to be maintained by residential tenancies officer

6( 5) The residential tenancies officer may, either before or after he or she performs the obligations under subsection (4) or (4.1), require a tenant of the building in relation to which the obligations are or will be performed to make the tenant’s rental payments to the residential tenancies officer and so advise the landlord by notice.

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

Fund to be maintained by residential tenancies officer

6( 6) From the amounts received under subsection (5), the residential tenancies officer shall pay the cost of performance of the obligations and forward the balance to the landlord, accounting for his or her expenditures.

(i) in subsection (6.2) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(j) in paragraph (6.3)(a) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(k) in subsection (6.4) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(l) in subsection (6.6) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(m) in subsection (6.7)

( i) in the portion preceding paragraph (a) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

( ii) in paragraph (b) by striking out “rentalsman” and substituting “residential tenancies officer”;

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

6( 8) A residential tenancies officer may serve a notice to quit on the tenant terminating the tenancy in the manner provided by regulation if

(a) on the basis of destruction of the premises or other cause, a landlord applies to the residential tenancies officer in the manner provided by regulation,

(b) the landlord serves a copy of the application on the tenant, and

1( 3) Section 7 of the English version of the Act is amended by striking out “rentalsman” and substituting “residential tenancies officer”.

1( 4) Section 8 of the English version of the Act is amended

(a) in subsection (5)

( i) in the portion preceding paragraph (a) by striking out “rentalsman” and substituting “residential tenancies officer”;

( ii) in paragraph (b) by striking out “rentalsman” and substituting “residential tenancies officer”;

(b) in subsection (6)

( i) in the portion preceding paragraph (a) by striking out “rentalsman” and substituting “residential tenancies officer”;

( ii) in paragraph (a) by striking out “his records” and substituting “his or her records”;

(d) in subsection (7.2) by striking out “rentalsman” and substituting “residential tenancies officer”;

(e) in subsection (7.3) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(f) in subsection (8) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(g) in subsection (9) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(h) by repealing subsection (10) and substituting the following:

8( 10) A residential tenancies officer shall deliver to the landlord a certificate to the effect that an amount prescribed in the certificate is held by the residential tenancies officer as a security deposit in respect of premises designated in the certificate if

(a) a tenant deposits with the residential tenancies officer an amount in accordance with subsection (8);

(b) a landlord or any other person delivers to the residential tenancies officer an amount in accordance with subsection (7.1) or (7.2), subsection 8.011(1) or section 8.02; or

( i) determines that an application under subsection (9) should be approved, after inquiring into the likelihood of a claim being made in respect of the amount presently credited to the tenant’s account, and

( ii) receives a sum of money from the tenant equal to the amount by which the security deposit under the lease exceeds the balance in the tenant’s account under subsection (6).

(i) in paragraph (11)(b) by striking out “rentalsman” and substituting “residential tenancies officer”;

(j) in subsection (12) by striking out “rentalsman” and substituting “residential tenancies officer”;

(k) in subsection (12.01) by striking out “rentalsman” and substituting “residential tenancies officer”;

(l) in subsection (12.021) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(m) in subsection (12.03) in the portion preceding paragraph (a) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(n) in subsection (12.1) in the portion following paragraph (b) by striking out “rentalsman” and substituting “residential tenancies officer”;

(o) in subsection (12.3)

( i) in paragraph (a) by striking out “rentalsman” and substituting “residential tenancies officer”;

( ii) in paragraph (b) by striking out “rentalsman” and substituting “residential tenancies officer”;

( iii) in paragraph (c) by striking out “rentalsman” and substituting “residential tenancies officer”;

( iv) in paragraph (d) by striking out “rentalsman” and substituting “residential tenancies officer”;

(p) in subsection (12.4) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(q) in subsection (12.6)

( i) in the portion preceding paragraph (a) by striking out “rentalsman” and substituting “residential tenancies officer”;

( ii) in paragraph (a) by striking out “rentalsman” and substituting “residential tenancies officer”;

( iii) in paragraph (a.1) by striking out “rentalsman” and substituting “residential tenancies officer”;

( iv) in paragraph (b) by striking out “rentalsman” and substituting “residential tenancies officer”;

( v) in paragraph (c) by striking out “rentalsman” and substituting “residential tenancies officer”;

(r) in subsection (12.7) by striking out “rentalsman” and substituting “residential tenancies officer”;

(s) in subsection (12.8) by striking out “rentalsman” and substituting “residential tenancies officer”;

(t) by repealing subsection (16) and substituting the following:

8( 16) Despite anything in the Financial Administration Act to the contrary, a residential tenancies officer shall deposit all money received by him or her in respect of the security deposit fund, or pursuant to any other provisions of this Act, in one or more interest bearing accounts in one or more chartered banks or trust companies within the Province.

(u) in subsection (18) by striking out “rentalsman” and substituting “residential tenancies officer”.

1( 5) Section 8.01 of the English version of the Act is amended

(a) in subsection (1) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(b) in subsection (2) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

1( 6) Section 8.011 of the English version of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

( ii) in paragraph (b) by striking out “rentalsman” and substituting “residential tenancies officer”;

(b) in subsection (2) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

1( 7) Section 8.02 of the English version of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “rentalsman” and substituting “residential tenancies officer”;

(b) in paragraph (a)

( i) in subparagraph (i) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

( ii) in subparagraph (ii) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

( i) in the portion preceding subparagraph (i) by striking out “rentalsman” and substituting “residential tenancies officer”;

( ii) in subparagraph (ii) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”.

1( 8) Section 8.1 of the English version of the Act is amended

(a) by striking out “rentalsman” and substituting “residential tenancies officer”;

(b) by striking out “rentalsmen” and substituting “residential tenancies officers”.

1( 9) Subsection 9(6) of the English version of the Act is amended by striking out “rentalsman” and substituting “residential tenancies officer”.

1( 10) Section 11.2 of the English version of the Act is amended

(a) in subsection (1)

( i) in paragraph (a) by striking out “rentalsman” and substituting “residential tenancies officer”;

( ii) in paragraph (b)

( A) by striking out “rentalsman” and substituting “residential tenancies officer”;

( B) by striking out “Chief Rentalsman” wherever it appears and substituting “Chief Residential Tenancies Officer”;

(b) in subsection (2)

( i) by striking out “rentalsman” and substituting “residential tenancies officer”;

( ii) by striking out “Chief Rentalsman” and substituting “Chief Residential Tenancies Officer”;

( i) by striking out “rentalsman” and substituting “residential tenancies officer”;

( ii) by striking out “Chief Rentalsman” and substituting “Chief Residential Tenancies Officer”.

1( 11) Subsection 13(8) of the English version of the Act is amended by striking out “rentalsman” and substituting “residential tenancies officer”.

1( 12) Section 15 of the English version of the Act is amended

(a) in subsection (1) in the portion following paragraph (b) by striking out “rentalsman” and substituting “residential tenancies officer”;

(b) in subsection (2) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

15( 3) If a residential tenancies officer determines that the chattels removed under subsection (1) have a value in his or her opinion less than any amount owing to the landlord by the tenant, the residential tenancies officer may order the sale of them at his or her discretion.

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

15( 4) If a residential tenancies officer determines that the chattels removed under subsection (1) have a value in his or her opinion greater than any amount owing to the landlord by the tenant, the residential tenancies officer may order the chattels stored for a period of time determined by him or her in accordance with the regulations and shall advise the tenant of the decision by notice.

(e) by repealing subsection (4.1) and substituting the following:

15( 4.1) If the tenant or any person claiming title to the chattels stored by the residential tenancies officer applies for a return of the chattels, the residential tenancies officer may recover any storage costs incurred by him or her, and interest on the costs, at the rate prescribed by regulation before returning the chattels.

(f) in subsection (5) by striking out “rentalsman” and substituting “residential tenancies officer”;

(g) in subsection (6) by striking out “rentalsman” and substituting “residential tenancies officer”;

(h) in subsection (7) by striking out “rentalsman” and substituting “residential tenancies officer”.

1( 13) Paragraph 18(b) of the English version of the Act is amended by striking out “rentalsman” and substituting “residential tenancies officer”.

1( 14) Section 19 of the English version of the Act is amended

(a) in subsection (1.1) by striking out “rentalsman” and substituting “residential tenancies officer”;

(b) in subsection (1.2) by striking out “rentalsman” and substituting “residential tenancies officer”;

( i) in subparagraph (i) by striking out “rentalsman” and substituting “residential tenancies officer”;

( ii) in subparagraph (ii) by striking out “rentalsman” and substituting “residential tenancies officer”.

1( 15) Section 21 of the English version of the Act is amended

(a) in subsection (1) in the portion following paragraph (b) by striking out “rentalsman” and substituting “residential tenancies officer”;

(b) in subsection (2) in the portion following paragraph (b) by striking out “rentalsman” and substituting “residential tenancies officer”;

(d) in subsection (2.2) by striking out “rentalsman” and substituting “residential tenancies officer”;

(e) in subsection (2.3) by striking out “rentalsman” and substituting “residential tenancies officer”;

(f) in subsection (3) by striking out “rentalsman” and substituting “residential tenancies officer”;

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

21( 5) If the sheriff or the sheriff’s deputies or officers put the landlord in possession of the demised premises under subsection (4), any chattels of the tenant may be removed and delivered to a residential tenancies officer to be dealt with by the residential tenancies officer in the same manner as under the provisions of section 15.

1( 16) Section 24.1 of the English version of the Act is amended

(a) in subsection (1)

( i) by repealing paragraph (a) and substituting the following:

(a) the tenant advises a residential tenancies officer in writing within 15 days after the receipt of the notice that the tenant intends to contest the notice, and

( ii) in paragraph (b) by striking out “rentalsman” and substituting “residential tenancies officer”;

(b) in subsection (1.1) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”.

1( 17) Section 24.11 of the English version of the Act is amended

(a) in subsection (1) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(b) in subsection (2) by striking out “rentalsman” and substituting “residential tenancies officer”.

1( 18) Section 24.4 of the English version of the Act is amended

(a) in subsection (2) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(b) in subsection (3) in the portion preceding paragraph (a) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(c) in subsection (4) in the portion preceding paragraph (a) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(d) in subsection (5) in the portion preceding paragraph (a) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”.

1( 19) Section 24.5 of the English version of the Act is amended

(a) in subsection (3) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(b) in subsection (4) in the portion preceding paragraph (a) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(c) in subsection (5) in the portion preceding paragraph (a) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(d) in subsection (6) in the portion preceding paragraph (a) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”.

1( 20) Section 24.7 of the English version of the Act is amended

(a) in subsection (3) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(b) in subsection (4) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(d) in subsection (6) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(e) in subsection (7) by striking out “rentalsman” and substituting “residential tenancies officer”.

1( 21) Section 25 of the English version of the Act is amended

(a) by repealing subparagraph (1)(b)(iii) and substituting the following:

( iii) to a residential tenancies officer to the address of his or her office.

(b) in paragraph (1.01)(a) by striking out “rentalsman” and substituting “residential tenancies officer”;

(c) in paragraph (1.2)(b) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(d) in subsection (4) by striking out “rentalsman” and substituting “residential tenancies officer”.

1( 22) Section 25.04 of the English version of the Act is amended by striking out “rentalsman” and substituting “residential tenancies officer”.

1( 23) Section 25.31 of the English version of the Act is amended

(a) in subsection (2) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(b) in subsection (3) in the portion preceding paragraph (a) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(c) in subsection (4) in the portion preceding paragraph (a) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(d) in subsection (5) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”.

1( 24) Section 25.4 of the English version of the Act is amended

(a) in subsection (3) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(b) in subsection (4) in the portion preceding paragraph (a) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(c) in subsection (5) in the portion preceding paragraph (a) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(d) in subsection (6) in the portion preceding paragraph (a) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”.

1( 25) Section 25.41 of the English version of the Act is amended

(a) in subsection (2) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(b) in subsection (3) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(d) in subsection (5)

( i) by striking out “rentalsman” and substituting “residential tenancies officer”;

( ii) by striking out “Chief Rentalsman” and substituting “Chief Residential Tenancies Officer”;

(e) in subsection (6)

( i) by striking out “rentalsman” and substituting “residential tenancies officer”;

( ii) by striking out “Chief Rentalsman” and substituting “Chief Residential Tenancies Officer”.

1( 26) Paragraph 25.5(a) of the English version of the Act is amended

(a) in subparagraph (i) by striking out “rentalsman” and substituting “residential tenancies officer”;

(b) in subparagraph (ii) by striking out “rentalsman” and substituting “residential tenancies officer”;

1( 27) Section 25.6 of the English version of the Act is amended

(a) in subsection (3) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(b) in subsection (4) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(d) in subsection (6) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

(e) in subsection (7) by striking out “rentalsman” and substituting “residential tenancies officer”.

1( 28) The heading “RENTALSMEN” preceding section 26 of the English version of the Act is repealed and the following is substituted:

RESIDENTIAL TENANCIES OFFICERS

1( 29) Section 26 of the English version of the Act is amended

(a) in subsection (1) by striking out “rentalsmen” and substituting “residential tenancies officers”;

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

26( 1.1) Among the persons appointed under subsection (1), the Lieutenant-Governor in Council may designate a Chief Residential Tenancies Officer and a Deputy Chief Residential Tenancies Officer.

( i) in the portion preceding paragraph (a) by striking out “rentalsman” and substituting “residential tenancies officer”;

( ii) in paragraph (g) by striking out “his” and substituting “his or her”;

( iii) in paragraph (j) by striking out “his” and substituting “his or her”;

(d) in subsection (3)

( i) in the portion preceding paragraph (a) by striking out “rentalsman” and substituting “residential tenancies officer”;

( ii) in paragraph (b) by striking out “his” and substituting “his or her”.

1( 30) Section 27 of the English version of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a)

( i) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

( ii) by striking out “Chief Rentalsman” wherever it appears and substituting “Chief Residential Tenancies Officer”;

(b) in subsection (2)

( i) in paragraph (a)

( A) by striking out “rentalsman” and substituting “residential tenancies officer”;

( B) by striking out “Chief Rentalsman” and substituting “Chief Residential Tenancies Officer”;

( ii) in paragraph (b)

( A) by striking out “rentalsman” and substituting “residential tenancies officer”;

( B) by striking out “Chief Rentalsman” wherever it appears and substituting “Chief Residential Tenancies Officer”;

( i) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

( ii) by striking out “Chief Rentalsman” wherever it appears and substituting “Chief Residential Tenancies Officer”;

(d) in subsection (9)

( i) by striking out “rentalsman” wherever it appears and substituting “residential tenancies officer”;

( ii) by striking out “Chief Rentalsman” wherever it appears and substituting “Chief Residential Tenancies Officer”.

1( 31) Subsection 28(2.1) of the English version of the Act is amended by striking out “rentalsman” and substituting “residential tenancies officer”.

1( 32) Subsection 29(1) of the English version of the Act is amended

(a) in paragraph (a) by striking out “rentalsman” and substituting “residential tenancies officer”;

(b) by repealing paragraph (e) and substituting the following:

(e) prescribing the duties and powers of the Chief Residential Tenancies Officer, the Deputy Chief Residential Tenancies Officer, and of residential tenancies officers;

(d) in paragraph (g.3) by striking out “rentalsmen” and substituting “residential tenancies officers”;

(e) in paragraph (g.5) by striking out “rentalsman” and substituting “residential tenancies officer”.

Ombudsman Act

2 The title of the Ombudsman Act, chapter O-5 of the Revised Statutes, 1973, is repealed and the following is substituted:

Ombud Act

Ombudsman Act

3( 1) Section 1 of the Ombudsman Act, chapter O-5 of the Revised Statutes, 1973, is amended by repealing the definition “common law partner” and substituting the following:

“common law partner” means a person who, not being married to an Ombud, was cohabiting in a conjugal relationship with the Ombud on the date of the Ombud’s death and was cohabiting in a conjugal relationship with the Ombud for a continuous period of at least 2 years immediately before the Ombud’s death; (conjoint de fait)

3( 2) Section 2 of the Act is amended

(a) in subsection (1) by striking out “Ombudsman” and substituting “Ombud”;

(b) in subsection (2) by striking out “Ombudsman” and substituting “Ombud”;

(d) in subsection (7) by striking out “Ombudsman” and substituting “Ombud”;

(e) in subsection (8) by striking out “Ombudsman” and substituting “Ombud”.

3( 3) Section 2.1 of the Act is amended

(a) in subsection (1) by striking out “Ombudsman” and substituting “Ombud”;

(b) in subsection (2) by striking out “Ombudsman” and substituting “Ombud”.

3( 4) Section 2.2 of the Act is amended

(a) in subsection (1) by striking out “Ombudsman” and substituting “Ombud”;

(b) in subsection (2) by striking out “Ombudsman’s” and substituting “Ombud’s”.

3( 5) Section 3 of the Act is amended

(a) in subsection (1) by striking out “Ombudsman” and substituting “Ombud”;

(b) in subsection (1.1) by striking out “Ombudsman” and substituting “Ombud”;

(d) in subsection (4)

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

( ii) in paragraph (a) by striking out “Ombudsman” and substituting “Ombud”;

(e) in subsection (6) by striking out “Ombudsman” wherever it appears and substituting “Ombud”;

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

Suspension or removal of Ombud

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

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

Suspension or removal of Ombud

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

3( 6) Section 4 of the Act is amended

(a) in subsection (1)

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

( ii) in paragraph (a) by striking out “Ombudsman” and substituting “Ombud”;

( iii) in paragraph (b) by striking out “Ombudsman” and substituting “Ombud”;

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

Interim Ombud

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

Interim Ombud

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

3( 7) Section 5 of the Act is amended

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

(b) in subsection (2) by striking out “Ombudsman” and substituting “Ombud”.

3( 8) Subsection 6(1) of the Act is repealed and the following is substituted:

Oath of Ombud

6( 1) Before entering on the exercise of the duties of his or her office, the Ombud shall take an oath that he or she will faithfully and impartially perform the duties of his or her office and will not divulge any information received by him or her under this Act, except for the purpose of giving effect to this Act.

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

Report of Ombud

7 Despite section 6, the Ombud may disclose in a report made by the Ombud under this Act any matters that in the opinion of the Ombud are necessary to disclose in order to establish grounds for his or her conclusions and recommendations.

3( 10) Section 8 of the Act is amended

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

Assistants and employees of Ombud

8( 1) The Ombud may appoint the assistants and employees as the Ombud deems necessary for the efficient carrying out of his or her functions under this Act.

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

Assistants and employees of Ombud

8( 2) Before performing any official duty under this Act, a person appointed under subsection (1) shall take an oath, administered by the Ombud, that the person will not divulge any information received by him or her under this Act, except for the purpose of giving effect to this Act.

(d) in subsection (4) by striking out “the Office of the Ombudsman” and substituting “Ombud New Brunswick”.

3( 11) Section 9 of the Act is amended

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

Delegation of powers by Ombud

9( 1) The Ombud may, in writing under his or her signature, delegate to any person any of the powers of the Ombud under this Act, except the power of delegation and the power to make a report under this Act.

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

Delegation of powers by Ombud

9( 2) A person purporting to exercise a power of the Ombud by virtue of a delegation under subsection (1) or (1.1) shall produce evidence of his or her authority to exercise that power when required to do so.

3( 12) Section 10 of the Act is amended by striking out “Ombudsman” and substituting “Ombud”.

3( 13) Section 12 of the Act is amended

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

Jurisdiction of Ombud

12( 1) Subject to subsection (2), the Ombud may investigate, either on a written petition made to the Ombud or on his or her own motion, a decision or recommendation made, an act done or omitted or a procedure used with respect to a matter of administration by an authority or an officer of an authority whereby a person is aggrieved or, in the opinion of the Ombud, may be aggrieved.

(b) in subsection (2) in the portion preceding paragraph (a) by striking out “Ombudsman” and substituting “Ombud”;

Jurisdiction of Ombud

12( 3) If a question arises as to the jurisdiction of the Ombud to investigate a grievance under this Act, the Ombud may apply to The Court of Queen’s Bench of New Brunswick for a declaratory order determining the question.

3( 14) Section 13 of the Act is amended

(a) in subsection (1) by striking out “Ombudsman” and substituting “Ombud”;

(b) in subsection (2) by striking out “Ombudsman” and substituting “Ombud”;

Petition of Ombud

13( 3) Despite sections 15, 21 and 22, if a matter has been referred to the Ombud under subsection (2), the Ombud, subject to any special directions of the committee, shall investigate the matter as far as it is within the Ombud’s jurisdiction and shall make a report to the committee as the Ombud thinks fit.

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

Petition of Ombud

13( 4) Despite any other Act, if a letter written by a person in custody on a charge or after conviction of an offence or by an inmate of a private sanatorium or psychiatric facility is addressed to the Ombud, it shall be immediately forwarded unopened to the Ombud by the person in charge of the place or institution where the writer of the letter is detained or of which the person is an inmate.

3( 15) Section 14 of the Act is repealed and the following is substituted:

Right of Ombud to exercise powers

14 Despite any other Act that provides that a decision, recommendation, act or omission is final or that no appeal lies in respect of it or that no proceeding, decision, recommendation, act or omission of an authority or officer of an authority is to be challenged, reviewed, quashed or called in question, the Ombud may exercise the powers of his or her office.

3( 16) Section 15 of the Act is amended

(a) in subsection (1)

( i) by repealing the portion preceding paragraph (a) and substituting the following:

Power of Ombud to refuse to investigate

15( 1) The Ombud, in his or her discretion, may refuse to investigate or cease to investigate a grievance if

( ii) by repealing paragraph (a) of the English version and substituting the following:

(a) an adequate remedy or right of appeal already exists, whether or not the petitioner has availed himself or herself of the remedy or right of appeal,

( iii) in paragraph (f) by striking out “Ombudsman” and substituting “Ombud”;

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

Power of Ombud to refuse to investigate

15( 2) If the Ombud decides not to investigate or to cease to investigate a grievance, the Ombud shall inform the petitioner and any other interested person of the decision and may provide reasons.

3( 17) Section 16 of the Act is repealed and the following is substituted:

Ombud to inform administrative head of investigation

16 Before investigating a grievance, the Ombud shall inform the administrative head of the authority concerned of his or her intention to do so.

3( 18) Section 17 of the Act is amended

(a) in subsection (2) by striking out “Ombudsman” and substituting “Ombud”;

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

17( 3) The Ombud may hold hearings under this Act but, subject to subsection (4), no person is entitled as of right to be heard by the Ombud.

17( 4) If, during an investigation, the Ombud is satisfied that there is evidence that a decision or recommendation made, an act done or omitted or a procedure used with respect to a matter of administration by an authority or an officer of an authority caused a grievance or gave cause for a grievance, the Ombud shall advise the administrative head of the authority or the officer, as the case may be, and shall give the authority or officer an opportunity to be heard.

(d) in subsection (5) of the French version by striking out “audition” and substituting “audience”;

(e) in subsection (6) by striking out “Ombudsman” and substituting “Ombud”;

(f) in subsection (7) by striking out “Ombudsman” and substituting “Ombud”;

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

17( 8) If, during or after an investigation, the Ombud is of the opinion that there is evidence of a breach of duty or misconduct by an authority or officer of an authority, the Ombud shall refer that matter to the administrative head of the authority.

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

17( 9) Subject to this Act and any rules made under section 26, the Ombud may regulate his or her procedure.

3( 19) Section 18 of the Act is amended

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

18( 2) The Ombud may summon before the Ombud and examine on oath the following persons:

(a) an officer of an authority who in the Ombud’s opinion is able to provide any information referred to in subsection 19.1(2),

(b) a petitioner, and

(c) with the approval of the Attorney General, any other person who in the opinion of the Ombud is able to provide any information referred to in subsection 19.1(2).

(b) in subsection (3) by striking out “Ombudsman” and substituting “Ombud”;

18( 7) A person required to attend a hearing under this Act is entitled to the same fees, allowances and expenses as a witness in The Court of Queen’s Bench of New Brunswick.

(d) in subsection (8) by striking out “Ombudsman” wherever it appears and substituting “Ombud”;

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

18( 9) No person is liable for an offence under any Act by reason of having complied with a requirement of the Ombud under this Act.

3( 20) Section 19.1 of the Act is amended

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

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

(d) in subsection (4) in the portion preceding paragraph (a) by striking out “Ombudsman” and substituting “Ombud”.

3( 21) Section 19.2 of the Act is amended

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

19.2( 1) The Ombud, employees of Ombud New Brunswick and any person appointed to assist the Ombud pursuant to a contract for professional services shall keep confidential all information and other matters that come to their knowledge in the exercise of their duties or functions under this Act, unless required to disclose it by law or in furtherance of the Ombud’s mandate under this Act.

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

( i) by repealing the portion preceding paragraph (a) and substituting the following:

19.2( 3) The Ombud, employees of Ombud New Brunswick and any person appointed to assist the Ombud pursuant to a contract for professional services shall not disclose to any person the following information, unless the information is disclosed in accordance with the provisions of the relevant Act:

( ii) in paragraph (h) by striking out “Ombudsman” and substituting “Ombud”;

(d) in subsection (4) by striking out “Ombudsman” and substituting “Ombud”;

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

19.2( 5) For the purposes of this section, an employee of Ombud New Brunswick includes an employee of the Office of the Child and Youth Advocate that is shared with the Ombud under subsection 8(3).

3( 22) Section 20 of the Act is repealed and the following is substituted:

20( 1) For the purposes of this Act, the Ombud may enter on any premises occupied by an authority and carry out an investigation within the jurisdiction of the Ombud.

20( 2) Before entering any premises under subsection (1), the Ombud shall notify the administrative head of the authority of his or her intention to do so.

3( 23) Section 21 of the Act is amended

(a) in subsection (1)

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

( ii) in the portion following paragraph (c) by striking out “Ombudsman” and substituting “Ombud”;

( iii) by striking out the portion following paragraph (k) and substituting the following:

the Ombud shall report his or her opinion, rational and any recommendation to the administrative head of the authority concerned.

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

Report of Ombud to administrative head

21( 2) If the Ombud makes a recommendation under subsection (1), the Ombud may request that the authority notify the Ombud within a specified time of the steps it proposes to take to give effect to his or her recommendations.

Report of Ombud to administrative head

21( 3) If, after the time stated under subsection (2), the authority does not act on the recommendation of the Ombud, refuses to act on the recommendation or acts in a manner unsatisfactory to the Ombud, the Ombud may send a copy of his or her report and recommendation to the Lieutenant-Governor in Council and may thereafter make a report to the Legislative Assembly.

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

Report of Ombud to administrative head

21( 4) The Ombud shall include with any report made under subsection (3) a copy of any comment made by the authority on his or her opinion or recommendation.

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

Report of Ombud to administrative head

21( 5) In any report made by the Ombud under this Act, the Ombud shall not make any finding or comment that is adverse to a person, unless the Ombud gives that person an opportunity to be heard.

3( 24) Section 22 of the Act is repealed and the following is substituted:

Duty of Ombud to inform petitioner of recommendation

22( 1) If the Ombud makes a recommendation under subsection 21(1) and the authority does not act on the recommendation to the satisfaction of the Ombud, the Ombud shall inform the petitioner of the recommendation of the Ombud and may add any comment.

22( 2) The Ombud shall in any case inform the petitioner in the manner and time the Ombud deems proper of the result of the investigation.

3( 25) Section 23 of the Act is amended by striking out “Ombudsman” wherever it appears and substituting “Ombud”.

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

Liability of Ombud and right not to be called to give evidence

24( 1) No proceedings lie against the Ombud or against any person holding an office or appointment under the Ombud for anything he or she may do or report or say in the course of the exercise or intended exercise of any of his or her functions under this Act, whether or not that function was within his or her jurisdiction, unless it is shown the Ombud or person acted in bad faith.

24( 2) The Ombud or any person holding any office or appointment under the Ombud shall not be called to give evidence in any court or in any proceedings of a judicial nature in respect of anything coming to his or her knowledge in the exercise of any of his or her functions under this Act, whether or not that function was within his or her jurisdiction.

3( 27) Section 25 of the Act is repealed and the following is substituted:

Annual report of Ombud

25( 1) The Ombud shall report annually to the Legislative Assembly on the exercise of his or her functions under this Act.

25( 2) The Ombud, in the public interest or in the interests of a person or an authority, may publish reports relating generally to the exercise of his or her functions under this Act or to any particular case investigated by the Ombud, whether or not the matters to be dealt with in the report have been the subject of a report made to the Legislative Assembly under this Act.

3( 28) Section 26 of the Act is repealed and the following is substituted:

26 The Legislative Assembly may make general rules for the guidance of the Ombud in the exercise of his or her functions under this Act.

3( 29) Section 27 of the Act is repealed and the following is substituted:

27 A person commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence if the person

(a) without lawful jurisdiction or excuse wilfully obstructs, hinders or resists the Ombud or any other person in the exercise of his or her functions under this Act,

(b) without lawful justification or excuse refuses or wilfully fails to comply with any lawful requirements of the Ombud or any other person under this Act, or

(c) wilfully makes any false statement to or misleads or attempts to mislead the Ombud or any other person in the exercise of his or her functions under this Act.

CONSEQUENTIAL AMENDMENTS

Archives Act

4( 1) Subsection 10.2(8) of the Archives Act, chapter A-11.1 of the Acts of New Brunswick, 1977, is amended by striking out “Ombudsman” and substituting “Ombud”.

4( 2) Subsection 10.3 of the Act is amended

(a) in paragraph (1)(b) by striking out “Ombudsman” and substituting “Ombud”;

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

Referral to Court or Ombud

10.3( 2) Where the applicant refers the matter to a judge of The Court of Queen’s Bench of New Brunswick under subsection (1)

(a) the applicant may not thereafter refer the matter to the Ombud under paragraph (1)(b) or under the Ombud Act, and

(b) the Ombud, in such a case, may not act under the authority of this Act or the Ombud Act with respect to that matter.

(d) in subsection (4) by striking out “The Ombudsman, subject to section 19 of the Ombudsman Act” and substituting “The Ombud, subject to section 19 of the Ombud Act”.

4( 3) Section 10.5 of the Act is repealed and the following is substituted:

Review by Ombud

10.5 The Ombud shall in accordance with this Act and the power, authority, privileges, rights and duties vested in the Ombud under the Ombud Act review the matter referred to him or her within 30 days of having received the referral.

4( 4) Section 10.6 of the Act is amended

(a) in subsection (1) by striking out “Ombudsman” and substituting “Ombud”;

(b) in subsection (2) in the portion preceding paragraph (a) by striking out “Ombudsman” and substituting “Ombud”;

Child and Youth Advocate Act

5( 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 “Ombudsman” and substituting “Ombud”.

5( 2) Subsection 11(5) of the Act is amended by striking out “the Office of the Ombudsman” and substituting “Ombud New Brunswick”.

5( 3) Subsection 14(2) of the Act is amended by striking out “the Office of the Ombudsman” and substituting “Ombud New Brunswick”.

5( 4) Subsection 22(6) of the Act is amended by striking out “the Office of the Ombudsman” and substituting “Ombud New Brunswick”.

Civil Service Act

6( 1) Section 1 of the Civil Service Act, chapter C-5.1 of the Acts of New Brunswick, 1984, is amended by repealing the definition “Ombudsman” and substituting the following:

“Ombud” means the Ombud appointed under the Ombud Act and, if the Ombud has designated a person in writing under paragraph 31(1)(c), any person acting in accordance with the written designation; (ombud)

6( 2) The heading “POWERS AND DUTIES OF THE OMBUDSMAN” preceding section 31 of the Act is repealed and the following is substituted:

POWERS AND DUTIES OF THE OMBUD

6( 3) Section 31 of the Act is amended

(a) in subsection (1)

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

( ii) by repealing paragraph (a) and substituting the following:

(a) may engage any persons as the Ombud considers necessary in order to fulfil the Ombud’s responsibilities under this Act,

( iii) in paragraph (c) by striking out “Ombudsman” wherever it appears and substituting “Ombud”;

( iv) in paragraph (e) by striking out “Ombudsman” and substituting “Ombud”;

(b) in subsection (2) by striking out “Ombudsman” and substituting “Ombud”.

6( 4) Section 31.1 of the Act is amended by striking out “Ombudsman” and substituting “Ombud”.

6( 5) Section 31.2 of the Act is amended by striking out “the Ombudsman Act” and substituting “the Ombud Act”.

6( 6) Section 31.3 of the Act is repealed and the following is substituted:

31.3 Despite subsection 12(2) and section 14 of the Ombud Act and section 33.2 of this Act, the Ombud, an assistant or employee of Ombud New Brunswick or any other person appointed or designated to act on behalf of the Ombud or to whom the Ombud has delegated any powers of the Ombud shall not

(a) commence or continue to hear a complaint or investigate a complaint under this Act if the subject of the complaint has been, becomes or is the subject of an investigation or the making of recommendations under the Ombud Act, or

(b) commence or continue, under the Ombud Act, to investigate or make recommendations respecting a grievance or other matter if the subject of the grievance or other matter, after the commencement of this paragraph, was or becomes or is the subject of an investigation or complaint under this Act.

6( 7) Section 33.2 of the Act is amended

(a) in subsection (1) by striking out “Ombudsman” and substituting “Ombud”;

(b) in subsection (3) by striking out “Ombudsman” and substituting “Ombud”;

(d) in subsection (5) by striking out “Ombudsman” and substituting “Ombud”;

(e) in subsection (6)

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

( ii) in paragraph (c) of the English version by striking out “Ombudsman’s” and substituting “Ombud’s”;

(f) in subsection (7) by striking out “Ombudsman” and substituting “Ombud”.

6( 8) Section 34 of the Act is amended

(a) by striking out “Ombudsman” wherever it appears and substituting “Ombud”;

(b) in the English version by striking out “Ombudsman’s” and substituting “Ombud’s”.

6( 9) Section 35 of the Act is amended

(a) in subsection (1) by striking out “Ombudsman or is an assistant or employee of the Office of the Ombudsman” and substituting “Ombud or an assistant or employee of Ombud New Brunswick”;

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

Protection of Ombud and assistants and employees of Ombud New Brunswick

35( 2) The Ombud or an assistant or employee of Ombud New Brunswick shall not be called to give evidence in any court or in any proceeding of a judicial nature respecting anything coming to the person’s knowledge in the exercise or the intended exercise of any of the person’s functions under this Act.

6( 10) Section 36 of the Act is amended

(a) in subsection (1)

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

( ii) in paragraph (a) by striking out “Ombudsman’s” and substituting “Ombud’s”.

(b) in subsection (2) in the portion preceding paragraph (a) by striking out “Ombudsman” and substituting “Ombud”.

Condominium Property Act

7 Subsection 53(1) of the Condominium Property Act, chapter C-16.05 of the Acts of New Brunswick, 2009, is repealed and the following is substituted:

53( 1) The following definition applies to this section.

“residential tenancies officer” means a residential tenancies officer appointed under The Residential Tenancies Act. (médiateur des loyers)

Public Interest Disclosure Act

8( 1) Section 1 of the Public Interest Disclosure Act, chapter 112 of the Revised Statutes, 2012, is amended by repealing the definition “Ombudsman” and substituting the following:

“Ombud” means the Ombud appointed under the Ombud Act. (ombud)

8( 2) Subsection 8(1) of the Act is amended by striking out “Ombudsman” and substituting “Ombud”.

8( 3) Section 10 of the Act is amended

(a) in subsection (1) by striking out “Ombudsman” and substituting “Ombud”;

(b) in subsection (2) by striking out “Ombudsman” and substituting “Ombud”.

8( 4) Paragraph 11(c) of the Act is amended by striking out “Ombudsman” and substituting “Ombud”.

8( 5) The heading “Ombudsman to facilitate resolution” preceding section 13 of the Act is repealed and the following is substituted:

Ombud to facilitate resolution

8( 6) Section 13 of the Act is amended by striking out “Ombudsman” wherever it appears and substituting “Ombud”.

8( 7) Paragraph 18(2)(c) of the Act is amended by striking out “Ombudsman” and substituting “Ombud”.

8( 8) The heading “INVESTIGATIONS BY THE OMBUDSMAN” preceding section 19 of the Act is repealed and the following is substituted:

INVESTIGATIONS BY THE OMBUD

8( 9) The heading “Investigation by Ombudsman” preceding section 20 of the Act is repealed and the following is substituted:

Investigation by Ombud

8( 10) Section 20 of the Act is amended

(a) in subsection (1) by striking out “Ombudsman” and substituting “Ombud”;

(b) in subsection (3) by striking out “Ombudsman” and substituting “Ombud”;

8( 11) Section 21 of the Act is amended in the portion preceding paragraph (a) by striking out “Ombudsman” wherever it appears and substituting “Ombud”.

8( 12) Section 22 of the Act is amended by striking out “Ombudsman” wherever it appears and substituting “Ombud”.

8( 13) Section 23 of the Act is amended by striking out “Ombudsman” wherever it appears and substituting “Ombud”.

8( 14) The heading “Powers of Ombudsman” preceding section 24 of the Act is repealed and the following is substituted:

Powers of Ombud

8( 15) Section 24 of the Act is amended by striking out “Ombudsman” and substituting “Ombud”.

8( 16) Section 25 of the Act is amended

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

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

(c) in subsection (3) in the portion preceding paragraph (a) by striking out “Ombudsman” wherever it appears and substituting “Ombud”;

(d) in subsection (4) in the portion preceding paragraph (a) by striking out “Ombudsman” and substituting “Ombud”.

8( 17) Section 26 of the Act is amended

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

26( 1) The Ombud, employees of Ombud New Brunswick and any person appointed to assist the Ombud under a contract for professional services shall keep confidential all information and other matters that come to their knowledge in the exercise of their duties or functions under this Act, unless required to disclose it by law or in furtherance of the Ombud’s mandate under this Act.

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

26( 3) The Ombud, employees of Ombud New Brunswick and any person appointed to assist the Ombud under a contract for professional services shall not disclose to any person information that would identify a person without the person’s consent.

(d) in subsection (4) by striking out “Ombudsman” and substituting “Ombud”.

8( 18) Section 27 of the Act is amended

(a) in subsection (1) by striking out “Ombudsman” and substituting “Ombud”;

(b) in subsection (2) by striking out “Ombudsman” and substituting “Ombud”;

8( 19) Subsection 28(1) of the Act is amended by striking out “Ombudsman” and substituting “Ombud”.

8( 20) Section 29 of the Act is amended in the portion preceding paragraph (a)

(a) by striking out “Ombudsman” wherever it appears and substituting “Ombud”;

(b) in the English version by striking out “Ombudsman’s” and substituting “Ombud’s”.

8( 21) Section 30 of the Act is amended

(a) in subsection (1)

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

( ii) in paragraph (e) of the English version by striking out “Ombudsman” and substituting “Ombud”;

( iii) in paragraph (f) of the English version by striking out “Ombudsman” and substituting “Ombud”;

( iv) in paragraph (g) of the English version by striking out “Ombudsman” and substituting “Ombud”;

(b) in subsection (3)

( i) by striking out “Ombudsman” wherever it appears and substituting “Ombud”;

( ii) in the English version by striking out “Ombudsman’s” and substituting “Ombud’s”.

8( 22) Paragraph 31(a) of the Act is amended by striking out “Ombudsman” and substituting “Ombud”.

8( 23) The heading “Employees and assistants of Ombudsman” preceding section 45 of the Act is repealed and the following is substituted:

Employees and assistants of Ombud

8( 24) Section 45 of the Act is amended

(a) in subsection (1) by striking out “Ombudsman” and substituting “Ombud”;

(b) in subsection (2) by striking out “Ombudsman” and substituting “Ombud”;

(c) in subsection (3) by striking out “the Office of the Ombudsman” wherever it appears and substituting “Ombud New Brunswick”.

8( 25) Section 46 of the Act is amended

(a) in subsection (1) by striking out “Ombudsman” and substituting “Ombud”;

(b) in subsection (2) by striking out “Ombudsman” and substituting “Ombud”.

8( 26) Section 47 of the Act is amended by striking out “Ombudsman” wherever it appears and substituting “Ombud”.

8( 27) Section 48 of the Act is amended by striking out “Ombudsman” wherever it appears and substituting “Ombud”.

8( 28) Section 49 of the Act is amended in the portion preceding paragraph (a) by striking out “Ombudsman” and substituting “Ombud”.

8( 29) Section 50 of the Act is amended

(a) in subsection (1) by striking out “Ombudsman” and substituting “Ombud”;

(b) in subsection (2) by striking out “Ombudsman” and substituting “Ombud”.

Right to Information and Protection of Privacy Act

9 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 in the definition “officer of the Legislative Assembly” by striking out “Ombudsman” and substituting “Ombud”.

TRANSITIONAL AMENDMENTS
AND COMMENCEMENT

References to the Ombudsman Act, Ombudsman and rentalsman

10( 1) If in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or other instrument or document, reference is made to the Ombudsman Act, it shall be read, unless the context otherwise requires, as a reference to the Ombud Act.

10( 2) If in any Act, other than this Act, or in any rule, order, regulation, by-law, agreement or other instrument or document, reference is made to the Ombudsman, it shall be read, unless the context otherwise requires, as a reference to the Ombud.

10( 3) If in the English version of any Act, other than this Act, or in the English version of any rule, order, regulation, by-law, agreement or other instrument or document, reference is made to a rentalsman, the Chief Rentalsman or the Deputy Chief Rentalsman, it shall be read, unless the context otherwise requires, as a reference to a residential tenancies officer, the Chief Residential Tenancies Officer or the Deputy Chief Residential Tenancies Officer, as the case may be.

Commencement

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