Acts and Regulations

O-5 - Ombud Act

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Document at 7 February 2018
CHAPTER O-5
Ombud Act
2017, c.1, s.2
Definitions
1In this Part
“authority” means an authority set out in Schedule A;(autorité)
“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)
“department or agency” Repealed: 1985, c.65, s.1
“Minister” means a member of the Executive Council;(Ministre)
“officer” means an official, employee or member of an authority.(fonctionnaire)
1967, c.18, s.1; 1976, c.43, s.1; 1985, c.65, s.1; 2008, c.45, s.21; 2017, c.1, s.3
1.1Repealed: 1985, c.65, s.2
1976, c.43, s.2; 1985, c.65, s.2
Appointment of Ombud
2(1)Subject to subsections (2) to (5), the Ombud shall be appointed by the Lieutenant-Governor in Council on the recommendation of the Legislative Assembly.
2(2)Before an appointment is made under subsection (1), a selection committee shall be established for the purpose of identifying persons as potential candidates to be appointed Ombud.
2(3)The selection committee shall be composed of
(a) the Clerk of the Executive Council or a person designated by the Clerk of the Executive Council,
(b) the Clerk of the Legislative Assembly or a person designated by the Clerk of the Legislative Assembly,
(c) a member of the judiciary, and
(d) a member of the university community.
2(4)The selection committee shall develop a roster of qualified candidates and submit a list of names of qualified candidates to the Lieutenant-Governor in Council.
2(5)The Premier shall consult with the leader of the opposition and the leaders of the other political parties having representation in the Legislative Assembly during the most recent sitting with respect to one or more qualified candidates from the selection committee’s list of qualified candidates.
2(6)The Ombud is an officer of the Legislative Assembly.
2(7)Subject to subsection (8), the Ombud shall hold office for a term of seven years and is not eligible for reappointment.
2(8)The Lieutenant-Governor in Council may extend the term of the Ombud for a period of not more than 12 months.
1967, c.18, s.2; 1979, c.41, s.90; 1988, c.31, s.1; 1994, c.89, s.10; 2007, c.30, s.27; 2007, c.56, s.1; 2008, c.45, s.21; 2013, c.1, s.7; 2017, c.1, s.3
Remuneration of Ombud
2.1(1)The Ombud shall be paid an annual salary as determined by the Lieutenant-Governor in Council within the deputy head pay plan, and is entitled to receive benefits similar to those received by deputy heads.
2.1(2)The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the Ombud.
2013, c.1, s.7; 2013, c.44, s.35; 2017, c.1, s.3
Resignation of Ombud
2.2(1)The Ombud may resign from office by notice in writing addressed to the Speaker of the Legislative Assembly or, if there is no Speaker or the Speaker is absent from the Province, to the Clerk of the Legislative Assembly.
2.2(2)The Speaker or the Clerk, as the case may be, shall immediately inform the Lieutenant-Governor in Council of the Ombud’s resignation.
2013, c.1, s.7; 2017, c.1, s.3
Suspension or removal of Ombud
3(1)The Ombud shall hold office during good behaviour and may only be removed by the Lieutenant-Governor in Council for incapacity, neglect of duty or misconduct upon an address in which 2/3 of the members of the Legislative Assembly concur.
3(1.1)The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Ombud, with or without pay, pending an investigation which may lead to removal under subsection (1).
3(2)When the Legislature is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, upon an application by the Lieutenant-Governor in Council, suspend the Ombud from office for cause or incapacity due to illness or any other cause.
3(3)Where the Lieutenant-Governor in Council makes an application under subsection (2) the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.
3(4)Where a judge of The Court of Queen’s Bench of New Brunswick suspends the Ombud under subsection (2) that judge
(a) shall appoint an acting Ombud to hold office until the suspension has been dealt with by the Legislative Assembly, and
(b) shall table a report of the suspension within ten days following the commencement of the next ensuing session of the Legislature.
3(5)No suspension under subsection (2) shall continue beyond the end of the next ensuing session of the Legislature.
3(6)Disclosure by the Ombud of information which the Ombud is required to keep confidential under this Act shall be grounds for removal from office under this section.
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.
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(9)The Premier shall consult with the leader of the opposition before an appointment is made under subsection (7).
3(10)An appointment under subsection (4) or (7) shall not impede a person’s subsequent appointment under section 2.
1967, c.18, s.3; 1979, c.41, s.90; 2007, c.56, s.2; 2013, c.1, s.7; 2017, c.1, s.3
Interim Ombud
4(1) The Lieutenant-Governor in Council may appoint an acting Ombud for a term of up to one year if
(a) the office of Ombud becomes vacant during a sitting of the Legislative Assembly, but the Legislative Assembly does not make a recommendation under section 2 before the end of the sitting, or
(b) the office of Ombud becomes vacant while the Legislative Assembly is not sitting.
4(2)The appointment of the acting Ombud comes to an end when a new Ombud is appointed under section 2.
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.
4(4)An appointment under subsection (1) or (3) shall not impede a person’s subsequent appointment under section 2.
4(5)The Premier shall consult with the leader of the opposition before an appointment is made under subsection (1) or (3).
1967, c.18, s.4; 2013, c.1, s.7; 2017, c.1, s.3
Repealed
4.1Repealed: 2013, c.1, s.7
1981, c.57, s.1; 2007, c.56, s.3; 2013, c.1, s.7
Conflict of interests respecting Ombud
5(1)The Ombud shall not be a member of the Legislative Assembly and shall not hold any other office of trust or profit or engage in any occupation for reward outside the duties of the office of Ombud without the prior approval in each case by the Legislative Assembly or the Lieutenant-Governor in Council when the Legislature is not in session.
5(2)Notwithstanding subsection (1), the Ombud may hold more than one office given to him or her by the Legislative Assembly or the Lieutenant-Governor in Council.
1967, c.18, s.5; 2007, c.56, s.4; 2009, c.R-10.6, s.93; 2016, c.53, s.25; 2017, c.1, s.3
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.
6(2)The Speaker or the Clerk of the Legislative Assembly shall administer the oath referred to in subsection (1).
1967, c.18, s.6; 2007, c.30, s.27; 2017, c.1, s.3
Report of Ombud
7Despite 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.
1967, c.18, s.7; 2017, c.1, s.3
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.
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.
8(3)The Ombud may share employees and the cost of such employees with the Office of the Child, Youth and Senior Advocate.
8(4)The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the employees of Ombud New Brunswick.
1967, c.18, s.8; 1987, c.6, s.77; 2007, c.56, s.5; 2009, c.R-10.6, s.93; 2013, c.44, s.35; 2016, c.53, s.25; 2016, c.54, s.15; 2017, c.1, s.3
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.
9(1.1)Notwithstanding subsection (1), if the Ombud is in a conflict of interest with respect to a matter referred to the Ombud, the Ombud may delegate in writing to any person any power with respect to that matter, including the power to make a report.
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.
9(3)The Lieutenant-Governor in Council may prescribe by regulation circumstances that give rise to a conflict of interest for the purposes of subsection (1.1).
1967, c.18, s.9; 2007, c.56, s.6; 2017, c.1, s.3
Ombud deemed commissioner under Inquiries Act
10For the purposes of this Act, the Ombud is a commissioner under the Inquiries Act.
1967, c.18, s.10; 2017, c.1, s.3
Application of Act
11This Act does not apply
(a) to judges and functions of any court of New Brunswick, and
(b) to deliberations and proceedings of the Executive Council or any committee thereof.
1967, c.18, s.11
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.
12(2)Notwithstanding subsection (1), the Ombud shall not investigate
(a) any decision, recommendation, act or omission in respect of which there is under any Act an express right of appeal or objection or an express right to apply for a review on the merits of the case to any court or to any tribunal constituted by or under any Act until that right of appeal or objection or application has been exercised in the particular case or until the time prescribed for the exercise of that right has expired,
(b) any decision, recommendation, act or omission of any person acting as solicitor or counsel for an authority, or
(c) a matter that is being or has been investigated or reviewed by the Office of the Child, Youth and Senior Advocate or the New Brunswick Human Rights Commission.
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.
1967, c.18, s.12; 1976, c.43, s.3; 1981, c.57, s.2; 1985, c.65, s.3; 2007, c.56, s.7; 2016, c.54, s.15; 2017, c.1, s.3
Petition of Ombud
13(1)A person may apply by written petition to the Ombud to investigate a grievance.
13(2)Notwithstanding sections 15, 21 and 22, a committee of the Legislative Assembly may refer any petition that is before the committee for consideration or any matter relating to such a petition to the Ombud for investigation and report.
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.
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.
1967, c.18, s.13; 1992, c.52, s.24; 2017, c.1, s.3
Right of Ombud to exercise powers
14Despite 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.
1967, c.18, s.14; 1985, c.65, s.4; 2017, c.1, s.3
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
(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,
(b) it is trivial, frivolous, vexatious or not made in good faith,
(c) having regard to all the circumstances of the case, further investigation is unnecessary,
(d) it relates to any decision, recommendation, act or omission that the petitioner has had knowledge of for more than one year before petitioning,
(e) the petitioner does not have a sufficient personal interest in the subject matter of the grievance, or
(f) upon a balance of convenience between the public interest and the person aggrieved, the Ombud is of the opinion that the grievance should not be investigated.
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.
1967, c.18, s.15; 2017, c.1, s.3
Ombud to inform administrative head of investigation
16Before investigating a grievance, the Ombud shall inform the administrative head of the authority concerned of his or her intention to do so.
1967, c.18, s.16; 1976, c.43, s.4; 1985, c.65, s.5; 2017, c.1, s.3
Investigation
17(1)Every investigation under this Act shall be conducted in private.
17(2)Subject to this Act, the Ombud may hear or obtain information from any person and may make inquiries.
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.
17(5)An authority or officer thereof appearing at a hearing under subsection (4) is entitled to counsel.
17(6)The Ombud may at any time during or after an investigation consult any Minister who is concerned in the matter of the investigation.
17(7)On the request of any Minister in relation to an investigation or in any case where an investigation relates to a recommendation made to a Minister, the Ombud shall consult that Minister after making the investigation and before forming a final opinion on any matter referred to in subsection 21(1).
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.
17(9)Subject to this Act and any rules made under section 26, the Ombud may regulate his or her procedure.
1967, c.18, s.17; 1976, c.43, s.5; 1985, c.65, s.6; 1987, c.6, s.77; 2017, c.1, s.3
Witnesses and evidence
18(1)Repealed: 2007, c.56, s.8
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).
18(3)The oath referred to in subsection (2) shall be administered by the Ombud.
18(4)Repealed: 2007, c.56, s.8
18(5)Repealed: 2007, c.56, s.8
18(6)The rules for taking evidence in The Court of Queen’s Bench of New Brunswick apply to evidence given by a person required to give information, answer questions and produce documents or papers under this Act.
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.
18(8)Except on the trial of a person for perjury, evidence given by any person in proceedings before the Ombud and evidence of any proceeding before the Ombud is not admissible against any person in any court or in any proceedings of a judicial nature.
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.
1967, c.18, s.18; 1979, c.41, s.90; 1981, c.6, s.1; 1985, c.65, s.7; 2007, c.56, s.8; 2008, c.29, s.7; 2017, c.1, s.3
Repealed
19Repealed: 2007, c.56, s.9
1967, c.18, s.19; 1968, c.44, s.1; 1981, c.6, s.1; 2007, c.56, s.9
Access to information
19.1(1)Notwithstanding any other Act or claim of privilege, and subject to subsection (3), the Ombud has a right to all information and documentation that is necessary to enable the Ombud to perform the duties and exercise the powers under this Act.
19.1(2)Subject subsection (3), if the Ombud requests a person to provide information relating to a matter being investigated by the Ombud and the Ombud is of the opinion that the person is able to provide the information, the person shall provide the information and produce any documents or papers that, in the opinion of the Ombud, relate to the matter and that may be in the possession or under the control of the person.
19.1(3)The Ombud does not have a right to the following information or documents:
(a) information or documents protected by a claim of solicitor-client privilege; and
(b) information or documents certified by the Attorney General as disclosing the following:
(i) the deliberations of the Executive Council; or
(ii) the proceedings of the Executive Council or a committee of the Executive Council.
19.1(4)Subject to subsection (3), a rule of law that authorizes or requires the following does not apply to an investigation by or proceeding before the Ombud:
(a) the withholding of a document, paper or thing on the ground that disclosure of the document, paper or thing would be injurious to the public interest; or
(b) the refusal to answer a question on the ground that answering the question would be injurious to the public interest.
2007, c.56, s.10; 2017, c.1, s.3
Confidentiality of information
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.
19.2(2)Notwithstanding subsection (1), and subject to subsection (3), the Ombud may disclose in a report made under this Act those matters which the Ombud considers necessary to disclose in order to establish grounds for his or her conclusions and recommendations.
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:
(a) information that would identify a person who makes a report under section 31.1 of the Education Act;
(b) information in a record maintained with respect to a pupil that is inaccessible pursuant to subsection 54(3) of the Education Act;
(c) information that would identify a person who gives information under section 30 or subsection 35.1(1) of the Family Services Act;
(d) information protected by Part V.I of the Family Services Act;
(e) information protected from disclosure by section 16.1 of the Mental Health Act;
(f) information that if disclosed would, in the opinion of the Minister who holds the information, be detrimental to the well-being, security, health or care of any person;
(g) information that would identify a person without the person’s consent; and
(h) information that the Ombud does not have a right of access to under section 19.1.
19.2(4)Failure by an employee to comply with subsection (1) or (3) is sufficient grounds for dismissal or other disciplinary action as the Ombud considers appropriate.
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).
2007, c.56, s.10; 2016, c.54, s.15; 2017, c.1, s.3; 2017, c.14, s.4; 2017, c.29, s.12
Investigation of any authority
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.
1967, c.18, s.20; 1976, c.43, s.6; 1985, c.65, s.8; 2017, c.1, s.3
Report of Ombud to administrative head
21(1)Where upon investigation the Ombud is of the opinion that a grievance exists or may exist because
(a) a decision, recommendation, act or omission or procedure used that was the subject matter of the investigation was
(i) contrary to law,
(ii) unreasonable, unjust, oppressive or improperly discriminatory,
(iii) made, done or omitted pursuant to a statutory provision or other rule of law or practice that is unreasonable, unjust, oppressive or improperly discriminatory,
(iv) based in whole or in part on a mistake of law or fact or on irrelevant grounds or considerations,
(v) related to the application of arbitrary, unreasonable or unfair procedures, or
(vi) otherwise wrong,
(b) in doing or omitting an act or in making or acting on a decision or recommendation, an authority
(i) did so for an improper purpose,
(ii) failed to give adequate and appropriate reasons in relation to the nature of the matter, or
(iii) was negligent or acted improperly, or
(c) there was unreasonable delay in dealing with the subject matter of the investigation,
and the Ombud is of the opinion that
(d) the grievance should be referred to the appropriate authority for further consideration,
(e) an act should be remedied,
(f) an omission or delay should be rectified,
(g) a decision or recommendation should be cancelled or varied,
(h) reasons should be given,
(i) a practice, procedure or course of conduct should be altered,
(j) an enactment or other rule of law should be reconsidered, or
(k) any other steps should be taken,
the Ombud shall report his or her opinion, rationale and any recommendation to the administrative head of the authority concerned.
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.
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.
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.
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.
1967, c.18, s.21; 1969, c.62, s.1; 1976, c.43, s.7; 1985, c.65, s.9; 1987, c.6, s.77; 2017, c.1, s.3
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.
1967, c.18, s.22; 1985, c.65, s.10; 2017, c.1, s.3
Effect of lack of form
23No proceeding of the Ombud is void for want of form and, except on the ground of lack of jurisdiction, no proceedings or decisions of the Ombud shall be challenged, reviewed, quashed or called in question in any court.
1967, c.18, s.23; 2017, c.1, s.3
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.
1967, c.18, s.24; 1976, c.43, s.8; 2017, c.1, s.3
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.
1967, c.18, s.25; 1985, c.65, s.11; 1987, c.6, s.77; 2017, c.1, s.3
Power of Legislature to make rules respecting power of Ombud
26The Legislative Assembly may make general rules for the guidance of the Ombud in the exercise of his or her functions under this Act.
1967, c.18, s.26; 2017, c.1, s.3
Offences and Penalty
27A 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.
1967, c.18, s.27; 1990, c.61, s.99; 2017, c.1, s.3
Application of Act
28This Act does not affect, abrogate, abridge or infringe or authorize the abrogation, abridgment or infringement of any substantive or procedural right or remedy existing elsewhere or otherwise than in this Act.
1967, c.18, s.28
SCHEDULE A
1Departments of the Government of the Province
2A person, corporation, commission, board, bureau or other body that is, or the majority of the members of which are, or the majority of the members of the board of management or board of directors of which are
(a) appointed by an Act, Minister or the Lieutenant-Governor in Council,
(b) in the discharge of their duties, public officers or servants of the Province, or
(c) responsible to the Province
3Local governments
4District education councils and school districts established under the Education Act
5Institutions as defined in the Adult Education and Training Act
6Regional health authorities as defined in the Regional Health Authorities Act
7Any other agency of the Crown in right of the Province
8Repealed: 2016, c.54, s.15
2016, c.54, s.15
9Repealed: 2016, c.54, s.15
2016, c.54, s.15
10Repealed: 2016, c.54, s.15
2016, c.54, s.15
11Repealed: 2016, c.54, s.15
2016, c.54, s.15
1985, c.65, s.12; 1988, c.27, s.4; 1992, c.52, s.24; 1997, c.42, s.6; 2002, c.1, s.16; 2005, c.7, s.57; 2007, c.56, s.11; 2013, c.8, s.1; 2016, c.37, s.131; 2016, c.54, s.15; 2017, c.20, s.126
N.B. This Act is consolidated to January 1, 2018.