Acts and Regulations

2011, c.116 - An Act Respecting the Role of the Attorney General

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Current to 1 January 2024
2011, c.116
An Act Respecting the
Role of the Attorney General
Deposited May 13, 2011
Definitions
1The following definitions apply in this Act.
“Attorney General” means the person who holds the office of the Attorney General of New Brunswick by virtue of his or her appointment to that office under the Executive Council Act.(procureur général)
“government department” means a department over which a member of the Executive Council presides.(ministère)
“Office of the Attorney General” means the part of the Department of Justice and Public Safety that includes the Legal Services Branch, the Legislative Services Branch, the Family Crown Services Branch and the Public Prosecution Services Branch.(Cabinet du procureur général)
“Office of the Attorney General” Repealed: 2013, c.42, s.6
2008, c.A-16.5, s.1; 2012, c.39, s.18; 2013, c.42, s.6; 2019, c.2, s.20; 2020, c.25, s.11
Functions of Attorney General
2The Attorney General is the law officer of the Executive Council and shall do the following:
(a) see that the administration of public affairs is in accordance with the law;
(b) perform the duties and have the powers that at common law belong to the Attorney General, so far as those duties and powers are applicable to New Brunswick, and perform the duties and have the powers that, until the Constitution Act, 1867 came into effect, belonged to the Office of the Attorney General in the Province of New Brunswick and which are, under the provisions of that Act, within the scope of the powers of the Legislature;
(c) carry out the duties and exercise the powers that are attendant to the prosecution of offences by and in proceedings under statutes and regulations in which offences are created;
(d) advise the government on all matters of law connected with legislative enactments and on all matters of law referred to him or her by the government;
(e) advise the heads of government departments on all matters of law connected with those departments;
(f) conduct and regulate all litigation for and against the Crown;
(g) advise government on all matters of a legislative nature and superintend and draft all government measures of a legislative nature;
(h) perform such other functions as are assigned to him or her by the Legislature or by the Lieutenant-Governor in Council.
2008, c.A-16.5, s.2; 2019, c.12, s.2
Law officers
3(1)Law officers who are employees of the Office of the Attorney General shall be appointed under the Civil Service Act.
3(2)The Attorney General may appoint one or more law officers who are employees of the Office of the Attorney General to be agents of the Attorney General for the purpose of performing those duties and exercising those powers as law officers of the Crown that may be prescribed by the Attorney General.
3(3)The Attorney General may appoint a law officer from private practice as ad hoc counsel to serve as an agent of the Attorney General.
3(4)No person other than a person who is employed as a law officer of the Office of the Attorney General or who has otherwise been appointed by the Attorney General as a law officer shall provide legal advice or legal services to the Executive Council, members of the Executive Council or to government departments.
2008, c.A-16.5, s.3
Independence of prosecutions
4(1)If the Attorney General, Deputy Attorney General or other member of government gives instructions to the Director of Public Prosecutions, or to a person who acts in a similar position regardless of the title of the position, with respect to the approval or conduct of a prosecution or appeal, that direction
(a) shall be given in writing to the Director of Public Prosecutions or such other person, and
(b) may, in the discretion of the Director of Public Prosecutions or such other person, be published in The Royal Gazette.
4(2)The Director of Public Prosecutions, or a person who acts in a similar position regardless of the title of the position, shall not be removed from his or her position except by address to and approval of the Legislative Assembly.
2008, c.A-16.5, s.4; 2012, c.39, s.18
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to December 18, 2020.