BILL 30
An Act Respecting Certain Responsibilities of the Integrity Commissioner and the Ombud
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Conflict of Interest Act
1( 1) Section 1 of the Conflict of Interest Act, chapter 129 of the Revised Statutes, 2011, is amended
aby repealing the definition “designated judge”;
bby adding the following definitions in alphabetical order:
“Commissioner” means the Integrity Commissioner appointed under section 2 of the Integrity Commissioner Act. (commissaire)
“court” means The Court of Queen’s Bench of New Brunswick, and includes a judge of that court. (cour)
1( 2) Paragraph 2(d) of the Act is amended by striking out “designated judge” and substituting “Commissioner”.
1( 3) Paragraph 3(c) of the Act is amended by striking out “designated judge” and substituting “Commissioner”.
1( 4) Paragraph 4(c) of the Act is amended by striking out “designated judge” and substituting “Commissioner”.
1( 5) Section 8 of the Act is amended
ain subsection (1) by repealing the portion preceding paragraph (a) and substituting the following:
8( 1) All executive staff members, Deputy Ministers and heads of Crown corporations, before taking office under their respective appointments, shall disclose under oath, in the form prescribed by regulation, to the Commissioner all information pertaining to their, their spouses’ or their dependent children’s involvement with, or ownership of, real and personal property of any nature or kind and all business and financial involvement of any nature, except the following:
bby repealing subsection (2) of the French version and substituting the following:
8( 2) L’obligation imposée au paragraphe (1) demeure lorsque varie la part de propriété ou d’intérêts, selon le cas, détenue sur les biens et dans les activités professionnelles et financières déjà divulguées, avant leur variation ou au moment où celle-ci s’opère et, après la divulgation, lorsque des biens ainsi que des activités professionnelles et financières supplémentaires viennent s’ajouter à ceux qui ont déjà été déclarés. Dans tous les cas, cette divulgation est obligatoire une fois par an suivant la divulgation originale.
cby repealing subsection (4) and substituting the following:
8( 4) On the application of a person who states under oath that he or she believes that a person referred to in subsection (1) has a conflict of interest under this Act or has not complied with this Act, and who produces sufficient evidence in support of the allegation to satisfy the Commissioner that there is a reasonable possibility that a conflict of interest may exist or that the Act has not been complied with, the Commissioner shall inquire into the allegation, and if the Commissioner determines that a conflict of interest exists or that a contravention has occurred, subsections 10(3) to (6) apply.
dby repealing subsection (5).
1( 6) The heading “Finding and order of designated judge” preceding section 10 of the Act is repealed and the following is substituted:
Determination and referral for court order
1( 7) Section 10 of the Act is amended
ain subsection (1) by striking out “designated judge” and substituting “Commissioner”;
bby repealing subsection (2) and substituting the following:
10( 2) On determining that a person filing a written disclosure is not in contravention of any provision of this Act, the Commissioner shall advise the person of that determination.
cby adding after section (2) the following:
10( 2.1) On determining that a person is in contravention or has been in contravention of a provision of this Act, the Commissioner shall advise the person of that determination and may make recommendations to the person with respect to any action required to be taken in order to comply with the provision.
dby repealing subsection (3) and substituting the following:
10( 3) If a person fails to follow a recommendation made by the Commissioner under subsection (2.1), the Commissioner may apply to the court for one or more of the following orders:
ain the case of a contravention of paragraph 2(a), 3(a) or 4(a),
( i) an order that the person discontinue the person’s association with the relevant contract or agreement,
( ii) an order that the person resign his or her position as a director or officer of an incorporated company, or
( iii) an order that the person divest himself or herself of shares or place them in a blind trust;
bin the case of a contravention of paragraph 2(b), 3(b), 4(b) or 5(b), an order that the person discontinue the person’s association as surety or guarantor;
cin the case of a contravention of paragraph 2(c), an order that the person resign the person’s position in respect of the matter;
din the case of a contravention of paragraph 2(d), 3(c) or 4(c), an order that the person completely disassociate himself or herself from the other business, in which case the person in contravention may effect the disassociation by means of a blind trust or otherwise;
ein the case of a contravention of paragraph 2(e), 3(d) or 4(d), an order that the person return the fee, gift, gratuity or other benefit, or its equivalent in money if it is unable to be returned;
fin the case of a contravention of paragraph 2(f), 3(e) or 4(e), an order that the person return any gain realized;
gin the case of a contravention of paragraph 2(g), 3(f) or 4(f), an order that the person resign from an office or position.
eby repealing subsection (4) and substituting the following:
10( 4) Each of the following is proof, in the absence of evidence to the contrary, of a person’s compliance with this Act:
athe Commissioner has determined under subsection (2) that the person is not in contravention of any provision of this Act;
bthe person has followed a recommendation made by the Commissioner under subsection (2.1); and
cthe person has complied with an order made by the court under subsection (3).
fby repealing subsection (5) and substituting the following:
10( 5) In any case of an order made by the court to deal with involvement with or of any of the conflict of interest items contemplated under this Act, the person so required, before accepting or continuing his or her position, shall satisfy the Commissioner that those requirements have been met by the date the court specifies in the order.
gby repealing subsection (6) and substituting the following:
10( 6) A determination of the Commissioner or an order of the court may be appealed to The Court of Appeal of New Brunswick by any person within 30 days after the making of the determination or order.
1( 8) Section 11 of the Act is repealed and the following is substituted:
Potential conflict of interest
11 In addition to advising a person of a determination made under subsection 10(2) or (2.1), the Commissioner may advise the person of any situation disclosed that, in the Commissioner’s opinion, is a potential conflict of interest.
1( 9) Section 13 of the Act is amended
aby repealing paragraph (1)(c) and substituting the following:
cmake any order set out in subsection 10(3); or
bin subsection (3)
( i) by repealing paragraph (a) and substituting the following:
athe Commissioner has determined that the person does not have a conflict of interest with respect to any matter disclosed,
( ii) by adding after paragraph (a) the following:
a.1the person has followed a recommendation made by the Commissioner under subsection 10(2.1),
( iii) by repealing paragraph (b) and substituting the following:
bthe person has complied with an order made by the court under subsection 10(3).
Regulation under the Conflict of Interest Act
2 Form 1 of New Brunswick Regulation 83-134 under the Conflict of Interest Act is amended by striking out “a designated judge” and substituting “the Commissioner”.
Integrity Commissioner Act
3 Subsection 15(2) of the Integrity Commissioner Act, chapter 53 of the Acts of New Brunswick, 2016, is repealed and the following is substituted:
15( 2) Despite subsection (1), the Commissioner may disclose in a report made under the Members’ Conflict of Interest Act those matters which the Commissioner considers necessary to disclose in order to establish grounds for his or her conclusions and recommendations.
Ombud Act
4( 1) Subsection 3(6) of the Ombud Act, chapter O-5 of the Revised Statutes of New Brunswick, 1973, is amended by striking out “under this Act” and substituting “under this Act or any other Act”.
4( 2) Subsection 6(1) of the Act is repealed and the following is substituted:
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 or any other Act, except for the purpose of giving effect to this Act or any other Act.
4( 3) Section 7 of the Act is repealed and the following is substituted:
Report of the Ombud
7 Despite section 6, the Ombud may disclose in a report made by the Ombud under this Act, the Personal Health Information Privacy and Access Act or the Right to Information and Protection of Privacy 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.
4( 4) Section 8 of the Act is amended
ain subsection (1) by striking out “under this Act” and substituting “under this Act or any other Act”;
bby repealing subsection (2) and substituting the following:
8( 2) Before performing any official duty under this Act or any other 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 or any other Act, except for the purpose of giving effect to this Act or any other Act.
4( 5) Subsection 9(1) of the Act is repealed and the following is substituted:
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 or any other Act, except the power of delegation and the power to make a report under this Act or any other Act.
4( 6) Section 10 of the Act is amended by striking out “purposes of this Act” and substituting “purposes of this Act or any other Act”.
4( 7) Section 19.2 of the Act is amended
aby 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 or any other Act, unless required to disclose it by law or in furtherance of the Ombud’s mandate under this Act or any other Act.
bby repealing subsection (2) and substituting the following:
19.2( 2) Despite subsection (1), and subject to subsection (3), the Ombud may disclose in a report made under this Act, the Personal Health Information Privacy and Access Act or the Right to Information and Protection of Privacy Act those matters which the Ombud considers necessary to disclose in order to establish grounds for his or her conclusions and recommendations.
4( 8) 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 or any other 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 or any other Act, whether or not that function was within his or her jurisdiction.
Personal Health Information Privacy and Access Act
5( 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
aby repealing the definition “Commissioner”;
bby adding the following definition in alphabetical order:
“Ombud” means the Ombud appointed under section 2 of the Ombud Act. (ombud)
5( 2) Section 10 of the Act is amended
ain subsection (7) by striking out “Commissioner” and substituting “Ombud”;
bby repealing paragraph (8)(c) and substituting the following:
cif the time limit is extended without the approval of the Ombud, that the person may file a complaint with the Ombud about the extension.
5( 3) Subsection 15(4) of the Act is amended by striking out “Commissioner” and substituting “Ombud”.
5( 4) Paragraph 49(1)(c) of the Act is amended in the portion preceding subparagraph (i) by striking out “Commissioner” and substituting “Ombud”.
5( 5) The heading “DUTIES AND POWERS OF COMMISSIONER” preceding Part 5.1 of the Act is amended by striking out “COMMISSIONER” and substituting “OMBUD”.
5( 6) Section 65.1 of the Act is amended in the portion preceding paragraph (a) by striking out “Commissioner” and substituting “Ombud”.
5( 7) The heading “Duties and powers of the Commissioner” preceding section 65.2 of the Act is amended by striking out “Commissioner” and substituting “Ombud”.
5( 8) Section 65.2 of the Act is amended
aby repealing the portion preceding paragraph (a) and substituting the following :
65.2 In addition to the Ombud’s duties and powers under Part 6 respecting complaints, the Ombud may
bin paragraph (g) of the English version by striking out “Commissioner” and substituting “Ombud”.
5( 9) The heading “Commissioner’s report” preceding section 65.3 of the Act is amended by striking out “Commissioner’s” and substituting “Ombud’s”.
5( 10) Section 65.3 of the Act is amended by striking out “Commissioner” and substituting “Ombud”.
5( 11) Subsection 66(2) of the Act is amended by striking out “Commissioner” wherever it appears and substituting “Ombud”.
5( 12) The heading “Complaint filed with the Commissioner” preceding section 68 of the Act is amended by striking out “Commissioner” and substituting “Ombud”.
5( 13) Section 68 of the Act is amended
ain subsection (1) in the portion preceding paragraph (a) by striking out “Commissioner” and substituting “Ombud”;
bin subsection (2) in the portion preceding paragraph (a) by striking out “Commissioner” and substituting “Ombud”;
cin subsection (3) by striking out “Commissioner” and substituting “Ombud”;
din subsection (4) by striking out “Commissioner” and substituting “Ombud”;
ein subsection (5) by striking out “Commissioner” and substituting “Ombud”;
fin subsection (6) by striking out “Commissioner” and substituting “Ombud”;
gin subsection (7) by striking out “Commissioner” and substituting “Ombud”.
5( 14) Section 69 of the Act is amended
ain subsection (1) by striking out “Commissioner” wherever it appears and substituting “Ombud”;
bin subsection (2) by striking out “Commissioner” wherever it appears and substituting “Ombud”;
cin subsection (3) by striking out “Commissioner” wherever it appears and substituting “Ombud”.
5( 15) Section 70 of the Act is amended
ain subsection (1) in the portion preceding paragraph (a) by striking out “Commissioner” and substituting “Ombud”;
bby repealing subsection (2) and substituting the following:
70( 2) The Ombud shall inform the person who made the complaint and the custodian, in writing, of his or her decision not to investigate the decision of the custodian or to cease an investigation in relation to a matter and the reasons for the Ombud’s decision.
5( 16) Section 71 of the Act is amended
ain subsection (1) by striking out “Commissioner” wherever it appears and substituting “Ombud”;
bin subsection (2) by striking out “Commissioner” and substituting “Ombud”;
cin subsection (3) by striking out “Commissioner” wherever it appears and substituting “Ombud”;
din subsection (4) by striking out “Commissioner” and substituting “Ombud”.
5( 17) Section 72 of the Act is amended
ain the portion preceding paragraph (a) by striking out “Commissioner” and substituting “Ombud”;
bin paragraph (a) of the English version by striking out “Commissioner” wherever it appears and substituting “Ombud”.
5( 18) Section 73 of the Act is amended
ain subsection (1) by repealing the portion preceding paragraph (a) and substituting the following:
73( 1) On completing an investigation of a complaint, the Ombud shall prepare a report containing the Ombud’s findings about the complaint and
bin subsection (2) by striking out “Commissioner” and substituting “Ombud”.
5( 19) Section 74 of the Act is amended
aby repealing subsection (1) and substituting the following:
74( 1) The custodian, on reviewing the recommendation of the Ombud, shall make his or her decision and shall notify, in writing, the individual who made the complaint and shall forward to the Ombud a copy of the decision.
bby repealing subsection (2) and substituting the following:
74( 2) If the custodian accepts the recommendations in the Ombud’s report, the custodian shall, within 15 days after receiving the report, comply with the recommendations of the Ombud or make any other decision that the custodian considers appropriate.
cin subsection (3) by striking out “Commissioner” and substituting “Ombud”.
5( 20) Section 75 of the Act is amended
ain subsection (1) by striking out “Commissioner” and substituting “Ombud”;
bin subsection (2) by striking out “Commissioner” and substituting “Ombud”.
5( 21) Section 76 of the Act is amended
ain subsection (1)
( i) in paragraph (c) by striking out “Commissioner” wherever it appears and substituting “Ombud”;
( ii) in paragraph (d) by striking out “Commissioner” and substituting “Ombud”;
( iii) in paragraph (g) by striking out “Commissioner” and substituting “Ombud”;
bin paragraph (3)(d) by striking out “Commissioner” wherever it appears and substituting “Ombud”.
5( 22) Section 77 of the Act is amended by striking out “Commissioner” wherever it appears and substituting “Ombud”.
Right to Information and Protection of Privacy Act
6( 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
aby repealing the definition “Commissioner”;
bby adding the following definition in alphabetical order:
“Ombud” means the Ombud appointed under section 2 of the Ombud Act. (ombud)
6( 2) Section 11 of the Act is amended
ain paragraph (3)(e) by striking out “Commissioner” and substituting “Ombud”;
bin subsection (4) by striking out “Commissioner” and substituting “Ombud”;
cin paragraph (5)(c) by striking out “Commissioner” and substituting “Ombud”.
6( 3) Subsection 12(2) of the Act is amended by striking out “Commissioner” and substituting “Ombud”.
6( 4) Subparagraph 14(1)(c)(iv) of the Act is amended by striking out “Commissioner” and substituting “Ombud”.
6( 5) Section 15 of the Act is amended in the portion preceding paragraph (a) by striking out “Commissioner” and substituting “Ombud”.
6( 6) Section 36 of the Act is amended
ain subsection (4) by striking out “Commissioner” and substituting “Ombud”;
bin subsection (5) by striking out “Commissioner” and substituting “Ombud”.
6( 7) Paragraph 40(3)(b) of the Act is amended by striking out “Commissioner” and substituting “Ombud”.
6( 8) The heading “POWERS AND DUTIES OF THE COMMISSIONER” preceding Part 4.1 of the Act is amended by striking out “COMMISSIONER” and substituting “OMBUD”.
6( 9) Section 64.1 of the Act is amended
ain subsection (1)
( i) in the portion preceding paragraph (a) by striking out “Commissioner” and substituting “Ombud”;
( ii) in paragraph (g) of the English version by striking out “Commissioner’s” and substituting “Ombud’s”;
( iii) in paragraph (h) of the English version by striking out “Commissioner’s” and substituting “Ombud’s”;
bin subsection (2) by striking out “Commissioner” wherever it appears and substituting “Ombud”.
6( 10) Section 64.2 of the Act is amended in the portion preceding paragraph (a) by striking out “Commissioner” and substituting “Ombud”.
6( 11) The heading “Commissioner’s report” preceding section 64.3 of the Act is amended by striking out “Commissioner’s” and substituting “Ombud’s”.
6( 12) Section 64.3 of the Act is amended by striking out “Commissioner” and substituting “Ombud”.
6( 13) Subsection 65(2) of the Act is amended by striking out “Commissioner” wherever it appears and substituting “Ombud”.
6( 14) The heading “Complaint filed with the Commissioner” preceding section 67 of the Act is amended by striking out “Commissioner” and substituting “Ombud”.
6( 15) Section 67 of the Act is amended
ain subsection (1) in the portion preceding paragraph (a) by striking out “Commissioner” and substituting “Ombud”;
bin subsection (2) by striking out “Commissioner” and substituting “Ombud”;
cin subsection (3) in the portion preceding paragraph (a) by striking out “Commissioner” and substituting “Ombud”;
din subsection (4) by striking out “Commissioner” and substituting “Ombud”;
ein subsection (5) by striking out “Commissioner” and substituting “Ombud”;
fin subsection (6) in the portion preceding paragraph (a) by striking out “Commissioner” and substituting “Ombud”.
6( 16) Section 68 of the Act is amended
ain subsection (1) by striking out “Commissioner” and substituting “Ombud”;
bin subsection (2) by striking out “Commissioner” wherever it appears and substituting “Ombud”;
cin subsection (3) by striking out “Commissioner” wherever it appears and substituting “Ombud”;
din subsection (4) by striking out “Commissioner” and substituting “Ombud”.
6( 17) Section 69 of the Act is amended
ain subsection (1) in the portion preceding paragraph (a) by striking out “Commissioner” and substituting “Ombud”;
bby repealing subsection (2) and substituting the following:
69( 2) The Ombud shall inform the person who made the complaint and the head of the public body, in writing, of his or her decision not to investigate the decision of the head of the public body or to cease an investigation in relation to a matter and the reasons for the Ombuds’s decision.
6( 18) Section 70 of the Act is amended
ain subsection (1) by striking out “Commissioner” wherever it appears and substituting “Ombud”;
bin subsection (2) by striking out “Commissioner” and substituting “Ombud”;
cin subsection (3) by striking out “Commissioner” and substituting “Ombud”;
din subsection (4) by striking out “Commissioner” and substituting “Ombud”.
6( 19) The heading “Representations to the Commissioner” preceding section 71 of the English version of the Act is amended by striking out “Commissioner” and substituting “Ombud”.
6( 20) Section 71 of the Act is amended
ain subsection (1)
( i) in the portion preceding paragraph (a) by striking out “Commissioner” wherever it appears and substituting “Ombud”;
( ii) in paragraph (c) of the English version by striking out “Commissioner” and substituting “Ombud”;
bin subsection (2) by striking out “Commissioner” and substituting “Ombud”;
cin subsection (3) by striking out “Commissioner” and substituting “Ombud”;
din subsection (4) by striking out “Commissioner” and substituting “Ombud”.
6( 21) Section 72 of the Act is amended
ain the portion preceding paragraph (a) by striking out “Commissioner” and substituting “Ombud”;
bin paragraph (a) of the English version by striking out “Commissioner” wherever it appears and substituting “Ombud”.
6( 22) Section 73 of the Act is amended
ain subsection (1) by repealing the portion preceding paragraph (a) and substituting the following:
73( 1) On completing the investigation of a complaint, the Ombud shall prepare a report containing the Ombud’s findings and shall make any of the following recommendations:
bin subsection (2) in the portion preceding paragraph (a) by striking out “Commissioner” and substituting “Ombud”.
6( 23) Section 74 of the Act is amended
ain subsection (1)
( i) by repealing the portion preceding paragraph (a) and substituting the following:
74( 1) On reviewing the recommendation of the Ombud, the head of the public body shall
( ii) by repealing paragraph (a) and substituting the following:
aaccept the recommendation of the Ombud, or
( iii) by repealing paragraph (b) and substituting the following:
bnot accept the recommendation of the Ombud.
bby repealing subsection (2) and substituting the following:
74( 2) Within 20 business days after receiving the Ombud’s report under subsection 73(2), the head of the public body shall make a decision under subsection (1), and shall give a written notice of the decision to the applicant or the third party, as the case may be, and shall forward a copy of the decision to the Ombud.
cin subsection (3) by striking out “Commissioner’s” and substituting “Ombud’s”;
din subsection (4) by striking out “Commissioner” and substituting “Ombud”.
6( 24) Section 75 of the Act is amended
ain subsection (1) by striking out “Commissioner” and substituting “Ombud”;
bin subsection (2) by striking out “Commissioner” and substituting “Ombud”;
cin subsection (3) by striking out “Commissioner’s” and substituting “Ombud’s”.
6( 25) Paragraph 78(c) of the Act is amended by striking out “Commissioner” and substituting “Ombud”.
6( 26) Paragraph 79(a) of the Act is amended by striking out “Commissioner” and substituting “Ombud”.
6( 27) Subsection 82(1) of the Act is amended
aby repealing paragraph (c) and substituting the following:
cknowingly make a false statement to the Ombud or another person in the performance of the duties or the exercise of the powers of the Ombud or the other person under this Act or knowingly mislead or attempt to mislead the Ombud or the other person,
bin paragraph (d) by striking out “Commissioner” and substituting “Ombud”;
cin paragraph (g) by striking out “Commissioner” and substituting “Ombud”.
6( 28) Section 83 of the Act is amended by striking out “Commissioner” wherever it appears and substituting “Ombud”.