Acts and Regulations

I-11 - Inquiries Act

Full text
Repealed on 1 September 2011
CHAPTER I-11
Inquiries Act
Repealed: R.S.N.B. 2011, Schedule A
Commissioners
1In this Act, “commissioners” means commissioners appointed hereunder, and also includes a commissioner when only one person is appointed.
R.S., c.112, s.1
Appointment of Commission
2The Lieutenant-Governor in Council may cause a commission to issue under the Great Seal to one or more persons to hold an inquiry into and concerning any matter connected with the good government of the Province, the conduct of any part of the public business, the administration of justice, or any matter that the Lieutenant-Governor in Council deems to be of public interest.
R.S., c.112, s.2
Meetings
3The commissioners may hold meetings for the purposes of the inquiry at any place within the Province, and may adjourn their meetings from time to time to any place in the Province.
R.S., c.112, s.3
Summons of witnesses
4(1)Any one commissioner may by summons, in the prescribed form, require the attendance before them of any person whose evidence may be material to the subject of the inquiry, and may order any person to produce such books, papers and documents as appear necessary.
Examination of witnesses
4(2)Every such person shall attend and answer all questions put to him by a commissioner touching the matters being or to be inquired into, and shall produce before the commissioners all books, papers and documents required of him, and in his custody or control.
Oath
4(3)The testimony of the witnesses may be taken upon oath or affirmation, which may be administered by any one commissioner.
R.S., c.112, s.4
Service of summons
5(1)If a person, on whom a summons has been served either personally or by leaving a copy thereof for him with some adult person at his last or most usual place of abode, fails to appear before the commissioners, a warrant, in the prescribed form, may be issued.
Service of summons
5(2)A summons may be served by any person.
Execution of warrant
5(3)A warrant may be executed by a sheriff or a police officer.
R.S., c.112, s.5; 1983, c.41, s.1
Offences and penalty
6(1)A person refusing to be sworn when duly required, or omitting or refusing without just cause sufficiently to answer any question put to him by a commissioner, may be committed by warrant, in the prescribed form, to the common jail of the county in which the inquiry is then being held, for a term not exceeding thirty days.
6(2)On the last day of the term for which such person has been imprisoned, the sheriff or jailer in whose custody such person then is shall bring such person before the commissioners and if he persists in his former refusal, the commissioners may recommit him for a further period not exceeding thirty days, and so on from time to time until such person ceases to persist in his refusal.
6(3)A person refusing to produce before the commissioners any book, paper or document in his custody or control may be punished by the commissioners in the same manner as if such person had refused to be sworn or to answer a question put to him by the commissioners.
R.S., c.112, s.6
Powers of commissioners respecting meetings
7The commissioners, when holding their meetings, have the like power for the preservation of order therein and for the punishment of any disturbance or contempt committed against the commissioners or their office, as is possessed by a Judge of The Court of Queen’s Bench of New Brunswick when sitting for the trial of causes, and all jailers, sheriffs and other police officers shall give their aid and assistance to the commissioners in the execution of their office.
R.S., c.112, s.7; 1979, c.41, s.67; 1983, c.41, s.2
Evidence
8The commissioners may hear and accept any relevant evidence even though it is not admissible under the rules applying to trials in The Court of Queen’s Bench of New Brunswick.
R.S., c.112, s.8; 1979, c.41, s.67
Payment of witnesses
9Witnesses attending before the commissioners are entitled to reasonable compensation, and the amount thereof shall be fixed and determined by the commissioners and paid by warrant of the Lieutenant-Governor on the certificate of the commissioners.
R.S., c.112, s.9
Report of commission
10The commissioners shall report the evidence taken before them and the finding thereon and the proceedings of the commission to the Attorney General to be by him laid before the Lieutenant-Governor in Council.
R.S., c.112, s.10; O.C.66-865; 1978, c.D-11.2, s.22; 2006, c.16, s.92
Remuneration of commissioners
11The Lieutenant-Governor in Council may pay the commissioners for their services and expenses by warrant out of the public money of the Province.
R.S., c.112, s.11
Action against commissioner
12No action shall be brought or maintained against any commissioner by reason of any act purporting to be done by him in his capacity as such commissioner, unless it appears that the act was done by the commissioner without reasonable cause, and with actual malice, and wholly without jurisdiction.
R.S., c.112, s.12
Action against commissioner
13In any such action the defendant may plead the general issue, and give the special matter in evidence.
R.S., c.112, s.13
Inquiries by certain Ministers
14(1)The Minister of Energy, the Minister of Natural Resources and the Minister of Transportation and Infrastructure may each at any time hold an inquiry into any matter connected with his or her department, and for that purpose shall have all the powers herein given to commissioners appointed under section 2, and all the provisions of this Act in reference to witnesses, evidence, production of documents, commitment for refusal to appear or testify, and preservation of order in the court on such inquiry shall apply and extend to the Minister of Energy, the Minister of Natural Resources and the Minister of Transportation and Infrastructure, and to all acts, matters and things done by any of them in the course of such inquiry, or preliminary thereto or consequent thereon.
Payment of witnesses
14(2)Witnesses attending are entitled to reasonable compensation and the amount thereof shall be fixed by the Minister and paid by warrant of the Lieutenant-Governor.
R.S., c.112, s.14; 1966, c.53, s.2; 1986, c.8, s.61; 2004, c.20, s.35; 2010, c.31, s.76
Orders of Lieutenant-Governor in Council
15The Lieutenant-Governor in Council may by Order make provision, either generally in regard to all commissions issued and inquiries held under this Act, or specially in regard to any such commission and inquiry, for all or any of the matters following, that is to say:
(a) remuneration of commissioners;
(b) remuneration of witnesses;
(c) allowances to witnesses in respect of mileage and maintenance;
(d) incidental and necessary expenses;
(e) generally, in respect of all such acts, matters and things as may be necessary to enable complete effect to be given to every provision of this Act.
R.S., c.112, s.15
Financing of commission
16The costs and expenses incurred in connection with any commission issued and inquiry held under this Act shall, in the absence of any special appropriation of the Legislature available for that purpose, be paid out of the Consolidated Fund.
R.S., c.112, s.16
Inquiry by Council of Maritime Premiers
17(1)The Lieutenant-Governor in Council may vest in any board, commission, tribunal or other body or person established or appointed by, under or in relation to the Council of Maritime Premiers for the purpose of studying, investigating or hearing and determining any matter of common concern among the Provinces of New Brunswick, Nova Scotia and Prince Edward Island, all of the powers and privileges that commissioners have under this Act.
17(2)The powers and privileges vested pursuant to subsection (1) may be exercised by the board, commission, tribunal or other body or person in relation to persons, organizations and documents resident or situated within New Brunswick wherever the study, investigation or hearing is conducted or held within the region comprised of the Provinces of New Brunswick, Nova Scotia and Prince Edward Island.
1973, c.51, s.1
Regulations
18(1)The Lieutenant-Governor in Council may make regulations prescribing forms required under this Act.
18(2)In this Act “prescribed form” means a form prescribed under subsection (1).
1973, c.74, s.43
N.B. This Act is consolidated to September 1, 2011.