Acts and Regulations

O-0.5 - Official Languages Act

Section 43
Disposition versions

Full text
Mandate and responsibilities of Commissioner
43(1)There shall be an Office of the Commissioner of Official Languages for New Brunswick, as well as a Commissioner of Official Languages for New Brunswick.
43(2)Subject to subsections (2.1) to (2.4), the Commissioner shall be appointed by the Lieutenant-Governor in Council on the recommendation of the Legislative Assembly, shall rank as and have all the powers of a deputy head of a department, shall engage exclusively in the duties of the office of the Commissioner and shall not hold any other office under the Crown or engage in any other employment.
43(2.1)Before an appointment is made under subsection (2), a selection committee shall be established for the purpose of identifying persons as potential candidates to be appointed Commissioner.
43(2.2)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.
43(2.3)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.
43(2.4)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.
43(2.5)The Commissioner is an officer of the Legislative Assembly.
43(3)Subject to subsection (4), the Commissioner shall hold office for a term of seven years and is not eligible for reappointment.
43(4)The Lieutenant-Governor in Council may extend the term of the Commissioner for a period of not more than 12 months.
43(4.1)The Commissioner 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.
43(4.2)The Speaker or the Clerk, as the case may be, shall immediately inform the Lieutenant-Governor in Council of the Commissioner’s resignation.
43(4.3)The Commissioner 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.
43(4.4)The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Commissioner, with or without pay, pending an investigation that may lead to removal under subsection (4.3).
43(4.5)If the Legislature is not in session, a judge of The Court of King’s Bench of New Brunswick may, on an application by the Lieutenant-Governor in Council, suspend the Commissioner, with or without pay, for incapacity, neglect of duty or misconduct.
43(5)If the Lieutenant-Governor in Council makes an application under subsection (4.5), the practice and procedure of The Court of King’s Bench of New Brunswick respecting applications applies.
43(5.1)If a judge of The Court of King’s Bench of New Brunswick suspends the Commissioner under subsection (4.5), the judge shall do the following:
(a) appoint an acting Commissioner to hold office until the suspension has been dealt with by the Legislative Assembly; and
(b) table a report on the suspension with the Legislative Assembly within ten days after the commencement of the next session of the Legislature.
43(5.2)No suspension under subsection (4.5) shall continue beyond the end of the next session of the Legislature.
43(5.3)If the Commissioner has been suspended under subsection (4.4), the Lieutenant-Governor in Council may appoint an acting Commissioner to hold office until the suspension has elapsed.
43(5.4)An acting Commissioner, while in office, has the powers and duties of the Commissioner and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.
43(5.5) The Lieutenant-Governor in Council may appoint an acting Commissioner for a term of up to one year if
(a) the office of Commissioner becomes vacant during a sitting of the Legislative Assembly, but the Legislative Assembly does not make a recommendation under subsection (2) before the end of the sitting, or
(b) the office of Commissioner becomes vacant while the Legislative Assembly is not sitting.
43(5.6)The appointment of an acting Commissioner comes to an end when a new Commissioner is appointed under subsection (2).
43(5.7)If the Commissioner is unable to act because of illness, the Lieutenant-Governor in Council may appoint an acting Commissioner, whose appointment comes to an end when the Commissioner is again able to act or when the office becomes vacant.
43(5.8)An appointment under subsection (5.1), (5.3), (5.5) or (5.7) shall not impede a person’s subsequent appointment under subsection (2).
43(5.9)The Premier shall consult with the leader of the opposition before an appointment is made under subsection (5.3), (5.5) or (5.7).
43(6)Notwithstanding the Civil Service Act, the Commissioner may appoint such persons to positions in the Office of the Commissioner as he or she considers necessary to enable the fulfillment of the Commissioner’s responsibilities under this Act.
43(6.1)The Commissioner 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.
43(7)The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the Commissioner and the employees of the Office of the Commissioner.
43(8)The Commissioner may contract for such professional services, for limited periods of time or in respect of particular matters, as he or she considers necessary to enable the fulfillment of the Commissioner’s responsibilities under this Act.
43(9)In accordance with the authority provided to the Commissioner under this Act, it is the role of the Commissioner to investigate, report on and make recommendations with regard to compliance with this Act and to promote the advancement of both official languages in the Province.
43(10)In order to fulfill the role under subsection (9), the Commissioner shall conduct and carry out investigations either pursuant to any complaint made to the Commissioner or on his or her own initiative and shall, as provided in this Act, report and make recommendations with respect to such investigations.
43(10.1)Despite subsection (10), when the Commissioner considers it appropriate, the Commissioner may attempt to resolve a complaint without conducting an investigation.
43(11)The Commissioner may refuse to investigate or cease to investigate any complaint if, in the opinion of the Commissioner,
(a) the subject-matter of the complaint is trivial,
(b) the complaint is frivolous or vexatious or is not made in good faith, or
(c) the subject-matter of the complaint does not involve a contravention or failure to comply with this Act or, for any other reason, does not come within the authority of the Commissioner under this Act.
43(12)If the Commissioner refuses to investigate or ceases to investigate any complaint, the Commissioner shall inform the complainant and provide reasons for the decision to do so.
43(13)Before commencing an investigation under this Act, the Commissioner shall inform the deputy head or other administrative head of the institution concerned of his or her intention to carry out the investigation.
43(14)Subject to this Act, the Commissioner may determine the procedure to be followed in carrying out an investigation under this Act.
43(15)For the purposes of this Act, the Commissioner is a commissioner under the Inquiries Act.
43(16)After carrying out an investigation pursuant to a complaint under this Act, the Commissioner shall communicate the results of the investigation and any recommendations, including any opinion and the reasons for the recommendations, to the Premier, the deputy head or other administrative head of the institution concerned and the complainant.
43(17)After carrying out an investigation on his or her own initiative, the Commissioner shall communicate the results of the investigation and any recommendations, including any opinion and the reasons for the recommendations, to the Premier and the deputy head or other administrative head of the institution concerned.
43(17.1)When the Premier, a deputy head or an administrative head receives the results of an investigation from the Commissioner under subsection (16) or (17), he or she shall acknowledge in writing receipt of the results and of any recommendations made by the Commissioner.
43(17.2)After carrying out an investigation under subsection (10), if the Commissioner considers it to be in the public interest, the Commissioner may publish a report on the results of his or her investigation and on any recommendations made as a result of the investigation.
43(18)If a complainant is not satisfied with the conclusions of the Commissioner received under subsection (16) or with the resolution of the complaint, the complainant may apply to The Court of King’s Bench of New Brunswick for a remedy.
43(19)The judge of a court referred to in subsection (18) may grant such remedy as he or she considers appropriate and just in the circumstances.
43(20)This section does not affect any other right of action that a person may have.
43(21)As soon as is reasonably practicable after the end of each year, the Commissioner shall submit to the Legislative Assembly a report, prepared by the Commissioner, with respect to the activities of the Office of the Commissioner in the preceding year that includes the following information:
(a) the nature of the complaints that were received;
(b) the types of complaints that were received;
(c) whether an investigation that was carried out was pursuant to a complaint that was made or on the initiative of the Commissioner; and
(d) the number of instances a particular complaint was made by the same complainant.
2013, c.1, s.6; 2013, c.38, s.1; 2013, c.44, s.34; 2016, c.1, s.1; 2023, c.10, s.1; 2023, c.17, s.179
Mandate and responsibilities of Commissioner
43(1)There shall be an Office of the Commissioner of Official Languages for New Brunswick, as well as a Commissioner of Official Languages for New Brunswick.
43(2)Subject to subsections (2.1) to (2.4), the Commissioner shall be appointed by the Lieutenant-Governor in Council on the recommendation of the Legislative Assembly, shall rank as and have all the powers of a deputy head of a department, shall engage exclusively in the duties of the office of the Commissioner and shall not hold any other office under Her Majesty or engage in any other employment.
43(2.1)Before an appointment is made under subsection (2), a selection committee shall be established for the purpose of identifying persons as potential candidates to be appointed Commissioner.
43(2.2)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.
43(2.3)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.
43(2.4)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.
43(2.5)The Commissioner is an officer of the Legislative Assembly.
43(3)Subject to subsection (4), the Commissioner shall hold office for a term of seven years and is not eligible for reappointment.
43(4)The Lieutenant-Governor in Council may extend the term of the Commissioner for a period of not more than 12 months.
43(4.1)The Commissioner 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.
43(4.2)The Speaker or the Clerk, as the case may be, shall immediately inform the Lieutenant-Governor in Council of the Commissioner’s resignation.
43(4.3)The Commissioner 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.
43(4.4)The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Commissioner, with or without pay, pending an investigation that may lead to removal under subsection (4.3).
43(4.5)If the Legislature is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, on an application by the Lieutenant-Governor in Council, suspend the Commissioner, with or without pay, for incapacity, neglect of duty or misconduct.
43(5)If the Lieutenant-Governor in Council makes an application under subsection (4.5), the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.
43(5.1)If a judge of The Court of Queen’s Bench of New Brunswick suspends the Commissioner under subsection (4.5), the judge shall do the following:
(a) appoint an acting Commissioner to hold office until the suspension has been dealt with by the Legislative Assembly; and
(b) table a report on the suspension with the Legislative Assembly within ten days after the commencement of the next session of the Legislature.
43(5.2)No suspension under subsection (4.5) shall continue beyond the end of the next session of the Legislature.
43(5.3)If the Commissioner has been suspended under subsection (4.4), the Lieutenant-Governor in Council may appoint an acting Commissioner to hold office until the suspension has elapsed.
43(5.4)An acting Commissioner, while in office, has the powers and duties of the Commissioner and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.
43(5.5) The Lieutenant-Governor in Council may appoint an acting Commissioner for a term of up to one year if
(a) the office of Commissioner becomes vacant during a sitting of the Legislative Assembly, but the Legislative Assembly does not make a recommendation under subsection (2) before the end of the sitting, or
(b) the office of Commissioner becomes vacant while the Legislative Assembly is not sitting.
43(5.6)The appointment of an acting Commissioner comes to an end when a new Commissioner is appointed under subsection (2).
43(5.7)If the Commissioner is unable to act because of illness, the Lieutenant-Governor in Council may appoint an acting Commissioner, whose appointment comes to an end when the Commissioner is again able to act or when the office becomes vacant.
43(5.8)An appointment under subsection (5.1), (5.3), (5.5) or (5.7) shall not impede a person’s subsequent appointment under subsection (2).
43(5.9)The Premier shall consult with the leader of the opposition before an appointment is made under subsection (5.3), (5.5) or (5.7).
43(6)Notwithstanding the Civil Service Act, the Commissioner may appoint such persons to positions in the Office of the Commissioner as he or she considers necessary to enable the fulfillment of the Commissioner’s responsibilities under this Act.
43(6.1)The Commissioner 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.
43(7)The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the Commissioner and the employees of the Office of the Commissioner.
43(8)The Commissioner may contract for such professional services, for limited periods of time or in respect of particular matters, as he or she considers necessary to enable the fulfillment of the Commissioner’s responsibilities under this Act.
43(9)In accordance with the authority provided to the Commissioner under this Act, it is the role of the Commissioner to investigate, report on and make recommendations with regard to compliance with this Act and to promote the advancement of both official languages in the Province.
43(10)In order to fulfill the role under subsection (9), the Commissioner shall conduct and carry out investigations either pursuant to any complaint made to the Commissioner or on his or her own initiative and shall, as provided in this Act, report and make recommendations with respect to such investigations.
43(10.1)Despite subsection (10), when the Commissioner considers it appropriate, the Commissioner may attempt to resolve a complaint without conducting an investigation.
43(11)The Commissioner may refuse to investigate or cease to investigate any complaint if, in the opinion of the Commissioner,
(a) the subject-matter of the complaint is trivial,
(b) the complaint is frivolous or vexatious or is not made in good faith, or
(c) the subject-matter of the complaint does not involve a contravention or failure to comply with this Act or, for any other reason, does not come within the authority of the Commissioner under this Act.
43(12)If the Commissioner refuses to investigate or ceases to investigate any complaint, the Commissioner shall inform the complainant and provide reasons for the decision to do so.
43(13)Before commencing an investigation under this Act, the Commissioner shall inform the deputy head or other administrative head of the institution concerned of his or her intention to carry out the investigation.
43(14)Subject to this Act, the Commissioner may determine the procedure to be followed in carrying out an investigation under this Act.
43(15)For the purposes of this Act, the Commissioner is a commissioner under the Inquiries Act.
43(16)After carrying out an investigation pursuant to a complaint under this Act, the Commissioner shall communicate the results of the investigation and any recommendations, including any opinion and the reasons for the recommendations, to the Premier, the deputy head or other administrative head of the institution concerned and the complainant.
43(17)After carrying out an investigation on his or her own initiative, the Commissioner shall communicate the results of the investigation and any recommendations, including any opinion and the reasons for the recommendations, to the Premier and the deputy head or other administrative head of the institution concerned.
43(17.1)When the Premier, a deputy head or an administrative head receives the results of an investigation from the Commissioner under subsection (16) or (17), he or she shall acknowledge in writing receipt of the results and of any recommendations made by the Commissioner.
43(17.2)After carrying out an investigation under subsection (10), if the Commissioner considers it to be in the public interest, the Commissioner may publish a report on the results of his or her investigation and on any recommendations made as a result of the investigation.
43(18)If a complainant is not satisfied with the conclusions of the Commissioner received under subsection (16) or with the resolution of the complaint, the complainant may apply to The Court of Queen’s Bench of New Brunswick for a remedy.
43(19)The judge of a court referred to in subsection (18) may grant such remedy as he or she considers appropriate and just in the circumstances.
43(20)This section does not affect any other right of action that a person may have.
43(21)As soon as is reasonably practicable after the end of each year, the Commissioner shall submit to the Legislative Assembly a report, prepared by the Commissioner, with respect to the activities of the Office of the Commissioner in the preceding year that includes the following information:
(a) the nature of the complaints that were received;
(b) the types of complaints that were received;
(c) whether an investigation that was carried out was pursuant to a complaint that was made or on the initiative of the Commissioner; and
(d) the number of instances a particular complaint was made by the same complainant.
2013, c.1, s.6; 2013, c.38, s.1; 2013, c.44, s.34; 2016, c.1, s.1; 2023, c.10, s.1
Mandate and responsibilities of Commissioner
43(1)There shall be an Office of the Commissioner of Official Languages for New Brunswick, as well as a Commissioner of Official Languages for New Brunswick.
43(2)Subject to subsections (2.1) to (2.4), the Commissioner shall be appointed by the Lieutenant-Governor in Council on the recommendation of the Legislative Assembly, shall rank as and have all the powers of a deputy head of a department, shall engage exclusively in the duties of the office of the Commissioner and shall not hold any other office under Her Majesty or engage in any other employment.
43(2.1)Before an appointment is made under subsection (2), a selection committee shall be established for the purpose of identifying persons as potential candidates to be appointed Commissioner.
43(2.2)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.
43(2.3)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.
43(2.4)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.
43(2.5)The Commissioner is an officer of the Legislative Assembly.
43(3)Subject to subsection (4), the Commissioner shall hold office for a term of seven years and is not eligible for reappointment.
43(4)The Lieutenant-Governor in Council may extend the term of the Commissioner for a period of not more than 12 months.
43(4.1)The Commissioner 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.
43(4.2)The Speaker or the Clerk, as the case may be, shall immediately inform the Lieutenant-Governor in Council of the Commissioner’s resignation.
43(4.3)The Commissioner 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.
43(4.4)The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Commissioner, with or without pay, pending an investigation that may lead to removal under subsection (4.3).
43(4.5)If the Legislature is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, on an application by the Lieutenant-Governor in Council, suspend the Commissioner, with or without pay, for incapacity, neglect of duty or misconduct.
43(5)If the Lieutenant-Governor in Council makes an application under subsection (4.5), the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.
43(5.1)If a judge of The Court of Queen’s Bench of New Brunswick suspends the Commissioner under subsection (4.5), the judge shall do the following:
(a) appoint an acting Commissioner to hold office until the suspension has been dealt with by the Legislative Assembly; and
(b) table a report on the suspension with the Legislative Assembly within ten days after the commencement of the next session of the Legislature.
43(5.2)No suspension under subsection (4.5) shall continue beyond the end of the next session of the Legislature.
43(5.3)If the Commissioner has been suspended under subsection (4.4), the Lieutenant-Governor in Council may appoint an acting Commissioner to hold office until the suspension has elapsed.
43(5.4)An acting Commissioner, while in office, has the powers and duties of the Commissioner and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.
43(5.5) The Lieutenant-Governor in Council may appoint an acting Commissioner for a term of up to one year if
(a) the office of Commissioner becomes vacant during a sitting of the Legislative Assembly, but the Legislative Assembly does not make a recommendation under subsection (2) before the end of the sitting, or
(b) the office of Commissioner becomes vacant while the Legislative Assembly is not sitting.
43(5.6)The appointment of an acting Commissioner comes to an end when a new Commissioner is appointed under subsection (2).
43(5.7)If the Commissioner is unable to act because of illness, the Lieutenant-Governor in Council may appoint an acting Commissioner, whose appointment comes to an end when the Commissioner is again able to act or when the office becomes vacant.
43(5.8)An appointment under subsection (5.1), (5.3), (5.5) or (5.7) shall not impede a person’s subsequent appointment under subsection (2).
43(5.9)The Premier shall consult with the leader of the opposition before an appointment is made under subsection (5.3), (5.5) or (5.7).
43(6)Notwithstanding the Civil Service Act, the Commissioner may appoint such persons to positions in the Office of the Commissioner as he or she considers necessary to enable the fulfillment of the Commissioner’s responsibilities under this Act.
43(6.1)The Commissioner 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.
43(7)The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the Commissioner and the employees of the Office of the Commissioner.
43(8)The Commissioner may contract for such professional services, for limited periods of time or in respect of particular matters, as he or she considers necessary to enable the fulfillment of the Commissioner’s responsibilities under this Act.
43(9)In accordance with the authority provided to the Commissioner under this Act, it is the role of the Commissioner to investigate, report on and make recommendations with regard to compliance with this Act and to promote the advancement of both official languages in the Province.
43(10)In order to fulfill the role under subsection (9), the Commissioner shall conduct and carry out investigations either pursuant to any complaint made to the Commissioner or on his or her own initiative and shall, as provided in this Act, report and make recommendations with respect to such investigations.
43(10.1)Despite subsection (10), when the Commissioner considers it appropriate, the Commissioner may attempt to resolve a complaint without conducting an investigation.
43(11)The Commissioner may refuse to investigate or cease to investigate any complaint if, in the opinion of the Commissioner,
(a) the subject-matter of the complaint is trivial,
(b) the complaint is frivolous or vexatious or is not made in good faith, or
(c) the subject-matter of the complaint does not involve a contravention or failure to comply with this Act or, for any other reason, does not come within the authority of the Commissioner under this Act.
43(12)If the Commissioner refuses to investigate or ceases to investigate any complaint, the Commissioner shall inform the complainant and provide reasons for the decision to do so.
43(13)Before commencing an investigation under this Act, the Commissioner shall inform the deputy head or other administrative head of the institution concerned of his or her intention to carry out the investigation.
43(14)Subject to this Act, the Commissioner may determine the procedure to be followed in carrying out an investigation under this Act.
43(15)For the purposes of this Act, the Commissioner is a commissioner under the Inquiries Act.
43(16)After carrying out an investigation pursuant to a complaint under this Act, the Commissioner shall communicate the results of the investigation and any recommendations, including any opinion and the reasons for the recommendations, to the Premier, the deputy head or other administrative head of the institution concerned and the complainant.
43(17)After carrying out an investigation on his or her own initiative, the Commissioner shall communicate the results of the investigation and any recommendations, including any opinion and the reasons for the recommendations, to the Premier and the deputy head or other administrative head of the institution concerned.
43(17.1)When the Premier, a deputy head or an administrative head receives the results of an investigation from the Commissioner under subsection (16) or (17), he or she shall acknowledge in writing receipt of the results and of any recommendations made by the Commissioner.
43(17.2)After carrying out an investigation under subsection (10), if the Commissioner considers it to be in the public interest, the Commissioner may publish a report on the results of his or her investigation and on any recommendations made as a result of the investigation.
43(18)If a complainant is not satisfied with the conclusions of the Commissioner received under subsection (16) or with the resolution of the complaint, the complainant may apply to The Court of Queen’s Bench of New Brunswick for a remedy.
43(19)The judge of a court referred to in subsection (18) may grant such remedy as he or she considers appropriate and just in the circumstances.
43(20)This section does not affect any other right of action that a person may have.
43(21)The Commissioner shall, within such time as is reasonably practicable after the end of each year, prepare and submit to the Legislative Assembly, a report concerning the activities of the Office of the Commissioner in the preceding year.
2013, c.1, s.6; 2013, c.38, s.1; 2013, c.44, s.34; 2016, c.1, s.1
Mandate and responsibilities of Commissioner
43(1)There shall be an Office of the Commissioner of Official Languages for New Brunswick, as well as a Commissioner of Official Languages for New Brunswick.
43(2)Subject to subsections (2.1) to (2.4), the Commissioner shall be appointed by the Lieutenant-Governor in Council on the recommendation of the Legislative Assembly, shall rank as and have all the powers of a deputy head of a department, shall engage exclusively in the duties of the office of the Commissioner and shall not hold any other office under Her Majesty or engage in any other employment.
43(2.1)Before an appointment is made under subsection (2), a selection committee shall be established for the purpose of identifying persons as potential candidates to be appointed Commissioner.
43(2.2)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.
43(2.3)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.
43(2.4)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.
43(2.5)The Commissioner is an officer of the Legislative Assembly.
43(3)Subject to subsection (4), the Commissioner shall hold office for a term of seven years and is not eligible for reappointment.
43(4)The Lieutenant-Governor in Council may extend the term of the Commissioner for a period of not more than 12 months.
43(4.1)The Commissioner 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.
43(4.2)The Speaker or the Clerk, as the case may be, shall immediately inform the Lieutenant-Governor in Council of the Commissioner’s resignation.
43(4.3)The Commissioner 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.
43(4.4)The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Commissioner, with or without pay, pending an investigation that may lead to removal under subsection (4.3).
43(4.5)If the Legislature is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, on an application by the Lieutenant-Governor in Council, suspend the Commissioner, with or without pay, for incapacity, neglect of duty or misconduct.
43(5)If the Lieutenant-Governor in Council makes an application under subsection (4.5), the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.
43(5.1)If a judge of The Court of Queen’s Bench of New Brunswick suspends the Commissioner under subsection (4.5), the judge shall do the following:
(a) appoint an acting Commissioner to hold office until the suspension has been dealt with by the Legislative Assembly; and
(b) table a report on the suspension with the Legislative Assembly within ten days after the commencement of the next session of the Legislature.
43(5.2)No suspension under subsection (4.5) shall continue beyond the end of the next session of the Legislature.
43(5.3)If the Commissioner has been suspended under subsection (4.4), the Lieutenant-Governor in Council may appoint an acting Commissioner to hold office until the suspension has elapsed.
43(5.4)An acting Commissioner, while in office, has the powers and duties of the Commissioner and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.
43(5.5) The Lieutenant-Governor in Council may appoint an acting Commissioner for a term of up to one year if
(a) the office of Commissioner becomes vacant during a sitting of the Legislative Assembly, but the Legislative Assembly does not make a recommendation under subsection (2) before the end of the sitting, or
(b) the office of Commissioner becomes vacant while the Legislative Assembly is not sitting.
43(5.6)The appointment of an acting Commissioner comes to an end when a new Commissioner is appointed under subsection (2).
43(5.7)If the Commissioner is unable to act because of illness, the Lieutenant-Governor in Council may appoint an acting Commissioner, whose appointment comes to an end when the Commissioner is again able to act or when the office becomes vacant.
43(5.8)An appointment under subsection (5.1), (5.3), (5.5) or (5.7) shall not impede a person’s subsequent appointment under subsection (2).
43(5.9)The Premier shall consult with the leader of the opposition before an appointment is made under subsection (5.3), (5.5) or (5.7).
43(6)Notwithstanding the Civil Service Act, the Commissioner may appoint such persons to positions in the Office of the Commissioner as he or she considers necessary to enable the fulfillment of the Commissioner’s responsibilities under this Act.
43(6.1)The Commissioner 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.
43(7)The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the Commissioner and the employees of the Office of the Commissioner.
43(8)The Commissioner may contract for such professional services, for limited periods of time or in respect of particular matters, as he or she considers necessary to enable the fulfillment of the Commissioner’s responsibilities under this Act.
43(9)In accordance with the authority provided to the Commissioner under this Act, it is the role of the Commissioner to investigate, report on and make recommendations with regard to compliance with this Act and to promote the advancement of both official languages in the Province.
43(10)In order to fulfill the role under subsection (9), the Commissioner shall conduct and carry out investigations either pursuant to any complaint made to the Commissioner or on his or her own initiative and shall, as provided in this Act, report and make recommendations with respect to such investigations.
43(10.1)Despite subsection (10), when the Commissioner considers it appropriate, the Commissioner may attempt to resolve a complaint without conducting an investigation.
43(11)The Commissioner may refuse to investigate or cease to investigate any complaint if, in the opinion of the Commissioner,
(a) the subject-matter of the complaint is trivial,
(b) the complaint is frivolous or vexatious or is not made in good faith, or
(c) the subject-matter of the complaint does not involve a contravention or failure to comply with this Act or, for any other reason, does not come within the authority of the Commissioner under this Act.
43(12)If the Commissioner refuses to investigate or ceases to investigate any complaint, the Commissioner shall inform the complainant and provide reasons for the decision to do so.
43(13)Before commencing an investigation under this Act, the Commissioner shall inform the deputy head or other administrative head of the institution concerned of his or her intention to carry out the investigation.
43(14)Subject to this Act, the Commissioner may determine the procedure to be followed in carrying out an investigation under this Act.
43(15)For the purposes of this Act, the Commissioner is a commissioner under the Inquiries Act.
43(16)After carrying out an investigation pursuant to a complaint under this Act, the Commissioner shall communicate the results of the investigation and any recommendations, including any opinion and the reasons for the recommendations, to the Premier, the deputy head or other administrative head of the institution concerned and the complainant.
43(17)After carrying out an investigation on his or her own initiative, the Commissioner shall communicate the results of the investigation and any recommendations, including any opinion and the reasons for the recommendations, to the Premier and the deputy head or other administrative head of the institution concerned.
43(17.1)When the Premier, a deputy head or an administrative head receives the results of an investigation from the Commissioner under subsection (16) or (17), he or she shall acknowledge in writing receipt of the results and of any recommendations made by the Commissioner.
43(17.2)After carrying out an investigation under subsection (10), if the Commissioner considers it to be in the public interest, the Commissioner may publish a report on the results of his or her investigation and on any recommendations made as a result of the investigation.
43(18)If a complainant is not satisfied with the conclusions of the Commissioner received under subsection (16) or with the resolution of the complaint, the complainant may apply to The Court of Queen’s Bench of New Brunswick for a remedy.
43(19)The judge of a court referred to in subsection (18) may grant such remedy as he or she considers appropriate and just in the circumstances.
43(20)This section does not affect any other right of action that a person may have.
43(21)The Commissioner shall, within such time as is reasonably practicable after the end of each year, prepare and submit to the Legislative Assembly, a report concerning the activities of the Office of the Commissioner in the preceding year.
2013, c.1, s.6; 2013, c.38, s.1; 2013, c.44, s.34
Mandate and responsibilities of Commissioner
43(1)There shall be an Office of the Commissioner of Official Languages for New Brunswick, as well as a Commissioner of Official Languages for New Brunswick.
43(2)Subject to subsections (2.1) to (2.4), the Commissioner shall be appointed by the Lieutenant-Governor in Council on the recommendation of the Legislative Assembly, shall rank as and have all the powers of a deputy head of a department, shall engage exclusively in the duties of the office of the Commissioner and shall not hold any other office under Her Majesty or engage in any other employment.
43(2.1)Before an appointment is made under subsection (2), a selection committee shall be established for the purpose of identifying persons as potential candidates to be appointed Commissioner.
43(2.2)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.
43(2.3)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.
43(2.4)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.
43(2.5)The Commissioner is an officer of the Legislative Assembly.
43(3)Subject to subsection (4), the Commissioner shall hold office for a term of seven years and is not eligible for reappointment.
43(4)The Lieutenant-Governor in Council may extend the term of the Commissioner for a period of not more than 12 months.
43(4.1)The Commissioner 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.
43(4.2)The Speaker or the Clerk, as the case may be, shall immediately inform the Lieutenant-Governor in Council of the Commissioner’s resignation.
43(4.3)The Commissioner 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.
43(4.4)The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Commissioner, with or without pay, pending an investigation that may lead to removal under subsection (4.3).
43(4.5)If the Legislature is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, on an application by the Lieutenant-Governor in Council, suspend the Commissioner, with or without pay, for incapacity, neglect of duty or misconduct.
43(5)If the Lieutenant-Governor in Council makes an application under subsection (4.5), the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.
43(5.1)If a judge of The Court of Queen’s Bench of New Brunswick suspends the Commissioner under subsection (4.5), the judge shall do the following:
(a) appoint an acting Commissioner to hold office until the suspension has been dealt with by the Legislative Assembly; and
(b) table a report on the suspension with the Legislative Assembly within ten days after the commencement of the next session of the Legislature.
43(5.2)No suspension under subsection (4.5) shall continue beyond the end of the next session of the Legislature.
43(5.3)If the Commissioner has been suspended under subsection (4.4), the Lieutenant-Governor in Council may appoint an acting Commissioner to hold office until the suspension has elapsed.
43(5.4)An acting Commissioner, while in office, has the powers and duties of the Commissioner and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.
43(5.5) The Lieutenant-Governor in Council may appoint an acting Commissioner for a term of up to one year if
(a) the office of Commissioner becomes vacant during a sitting of the Legislative Assembly, but the Legislative Assembly does not make a recommendation under subsection (2) before the end of the sitting, or
(b) the office of Commissioner becomes vacant while the Legislative Assembly is not sitting.
43(5.6)The appointment of an acting Commissioner comes to an end when a new Commissioner is appointed under subsection (2).
43(5.7)If the Commissioner is unable to act because of illness, the Lieutenant-Governor in Council may appoint an acting Commissioner, whose appointment comes to an end when the Commissioner is again able to act or when the office becomes vacant.
43(5.8)An appointment under subsection (5.1), (5.3), (5.5) or (5.7) shall not impede a person’s subsequent appointment under subsection (2).
43(5.9)The Premier shall consult with the leader of the opposition before an appointment is made under subsection (5.3), (5.5) or (5.7).
43(6)Notwithstanding the Civil Service Act, the Commissioner may appoint such persons to positions in the Office of the Commissioner as he or she considers necessary to enable the fulfillment of the Commissioner’s responsibilities under this Act.
43(6.1)The Commissioner 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.
43(7)The Public Service Superannuation Act applies to the Commissioner and the employees of the Office of the Commissioner.
43(8)The Commissioner may contract for such professional services, for limited periods of time or in respect of particular matters, as he or she considers necessary to enable the fulfillment of the Commissioner’s responsibilities under this Act.
43(9)In accordance with the authority provided to the Commissioner under this Act, it is the role of the Commissioner to investigate, report on and make recommendations with regard to compliance with this Act and to promote the advancement of both official languages in the Province.
43(10)In order to fulfill the role under subsection (9), the Commissioner shall conduct and carry out investigations either pursuant to any complaint made to the Commissioner or on his or her own initiative and shall, as provided in this Act, report and make recommendations with respect to such investigations.
43(10.1)Despite subsection (10), when the Commissioner considers it appropriate, the Commissioner may attempt to resolve a complaint without conducting an investigation.
43(11)The Commissioner may refuse to investigate or cease to investigate any complaint if, in the opinion of the Commissioner,
(a) the subject-matter of the complaint is trivial,
(b) the complaint is frivolous or vexatious or is not made in good faith, or
(c) the subject-matter of the complaint does not involve a contravention or failure to comply with this Act or, for any other reason, does not come within the authority of the Commissioner under this Act.
43(12)If the Commissioner refuses to investigate or ceases to investigate any complaint, the Commissioner shall inform the complainant and provide reasons for the decision to do so.
43(13)Before commencing an investigation under this Act, the Commissioner shall inform the deputy head or other administrative head of the institution concerned of his or her intention to carry out the investigation.
43(14)Subject to this Act, the Commissioner may determine the procedure to be followed in carrying out an investigation under this Act.
43(15)For the purposes of this Act, the Commissioner is a commissioner under the Inquiries Act.
43(16)After carrying out an investigation pursuant to a complaint under this Act, the Commissioner shall communicate the results of the investigation and any recommendations, including any opinion and the reasons for the recommendations, only to the Premier, the deputy head or other administrative head of the institution concerned and the complainant.
43(17)After carrying out an investigation on his or her own initiative, the Commissioner shall communicate the results of the investigation and any recommendations, including any opinion and the reasons for the recommendations, only to the Premier and the deputy head or other administrative head of the institution concerned.
43(18)If a complainant is not satisfied with the conclusions of the Commissioner received under subsection (16) or with the resolution of the complaint, the complainant may apply to The Court of Queen’s Bench of New Brunswick for a remedy.
43(19)The judge of a court referred to in subsection (18) may grant such remedy as he or she considers appropriate and just in the circumstances.
43(20)This section does not affect any other right of action that a person may have.
43(21)The Commissioner shall, within such time as is reasonably practicable after the end of each year, prepare and submit to the Legislative Assembly, a report concerning the activities of the Office of the Commissioner in the preceding year.
2013, c.1, s.6; 2013, c.38, s.1
Mandate and responsibilities of Commissioner
43(1)There shall be an Office of the Commissioner of Official Languages for New Brunswick, as well as a Commissioner of Official Languages for New Brunswick.
43(2)Subject to subsections (2.1) to (2.4), the Commissioner shall be appointed by the Lieutenant-Governor in Council on the recommendation of the Legislative Assembly, shall rank as and have all the powers of a deputy head of a department, shall engage exclusively in the duties of the office of the Commissioner and shall not hold any other office under Her Majesty or engage in any other employment.
43(2.1)Before an appointment is made under subsection (2), a selection committee shall be established for the purpose of identifying persons as potential candidates to be appointed Commissioner.
43(2.2)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.
43(2.3)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.
43(2.4)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.
43(2.5)The Commissioner is an officer of the Legislative Assembly.
43(3)Subject to subsection (4), the Commissioner shall hold office for a term of seven years and is not eligible for reappointment.
43(4)The Lieutenant-Governor in Council may extend the term of the Commissioner for a period of not more than 12 months.
43(4.1)The Commissioner 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.
43(4.2)The Speaker or the Clerk, as the case may be, shall immediately inform the Lieutenant-Governor in Council of the Commissioner’s resignation.
43(4.3)The Commissioner 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.
43(4.4)The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Commissioner, with or without pay, pending an investigation that may lead to removal under subsection (4.3).
43(4.5)If the Legislature is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, on an application by the Lieutenant-Governor in Council, suspend the Commissioner, with or without pay, for incapacity, neglect of duty or misconduct.
43(5)If the Lieutenant-Governor in Council makes an application under subsection (4.5), the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.
43(5.1)If a judge of The Court of Queen’s Bench of New Brunswick suspends the Commissioner under subsection (4.5), the judge shall do the following:
(a) appoint an acting Commissioner to hold office until the suspension has been dealt with by the Legislative Assembly; and
(b) table a report on the suspension with the Legislative Assembly within ten days after the commencement of the next session of the Legislature.
43(5.2)No suspension under subsection (4.5) shall continue beyond the end of the next session of the Legislature.
43(5.3)If the Commissioner has been suspended under subsection (4.4), the Lieutenant-Governor in Council may appoint an acting Commissioner to hold office until the suspension has elapsed.
43(5.4)An acting Commissioner, while in office, has the powers and duties of the Commissioner and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.
43(5.5) The Lieutenant-Governor in Council may appoint an acting Commissioner for a term of up to one year if
(a) the office of Commissioner becomes vacant during a sitting of the Legislative Assembly, but the Legislative Assembly does not make a recommendation under subsection (2) before the end of the sitting, or
(b) the office of Commissioner becomes vacant while the Legislative Assembly is not sitting.
43(5.6)The appointment of an acting Commissioner comes to an end when a new Commissioner is appointed under subsection (2).
43(5.7)If the Commissioner is unable to act because of illness, the Lieutenant-Governor in Council may appoint an acting Commissioner, whose appointment comes to an end when the Commissioner is again able to act or when the office becomes vacant.
43(5.8)An appointment under subsection (5.1), (5.3), (5.5) or (5.7) shall not impede a person’s subsequent appointment under subsection (2).
43(5.9)The Premier shall consult with the leader of the opposition before an appointment is made under subsection (5.3), (5.5) or (5.7).
43(6)Notwithstanding the Civil Service Act, the Commissioner may appoint such persons to positions in the Office of the Commissioner as he or she considers necessary to enable the fulfillment of the Commissioner’s responsibilities under this Act.
43(6.1)The Commissioner 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.
43(7)The Public Service Superannuation Act applies to the Commissioner and the employees of the Office of the Commissioner.
43(8)The Commissioner may contract for such professional services, for limited periods of time or in respect of particular matters, as he or she considers necessary to enable the fulfillment of the Commissioner’s responsibilities under this Act.
43(9)In accordance with the authority provided to the Commissioner under this Act, it is the role of the Commissioner to investigate, report on and make recommendations with regard to compliance with this Act and to promote the advancement of both official languages in the Province.
43(10)In order to fulfill the role under subsection (9), the Commissioner shall conduct and carry out investigations either pursuant to any complaint made to the Commissioner or on his or her own initiative and shall, as provided in this Act, report and make recommendations with respect to such investigations.
43(11)The Commissioner may refuse to investigate or cease to investigate any complaint if, in the opinion of the Commissioner,
(a) the subject-matter of the complaint is trivial,
(b) the complaint is frivolous or vexatious or is not made in good faith, or
(c) the subject-matter of the complaint does not involve a contravention or failure to comply with this Act or, for any other reason, does not come within the authority of the Commissioner under this Act.
43(12)If the Commissioner refuses to investigate or ceases to investigate any complaint, the Commissioner shall inform the complainant and provide reasons for the decision to do so.
43(13)Before commencing an investigation under this Act, the Commissioner shall inform the deputy head or other administrative head of the institution concerned of his or her intention to carry out the investigation.
43(14)Subject to this Act, the Commissioner may determine the procedure to be followed in carrying out an investigation under this Act.
43(15)For the purposes of this Act, the Commissioner is a commissioner under the Inquiries Act.
43(16)After carrying out an investigation pursuant to a complaint under this Act, the Commissioner shall communicate the results of the investigation and any recommendations, including any opinion and the reasons for the recommendations, only to the Premier, the deputy head or other administrative head of the institution concerned and the complainant.
43(17)After carrying out an investigation on his or her own initiative, the Commissioner shall communicate the results of the investigation and any recommendations, including any opinion and the reasons for the recommendations, only to the Premier and the deputy head or other administrative head of the institution concerned.
43(18)If a complainant is not satisfied with the conclusions of the Commissioner received under subsection (16) or with the resolution of the complaint, the complainant may apply to The Court of Queen’s Bench of New Brunswick for a remedy.
43(19)The judge of a court referred to in subsection (18) may grant such remedy as he or she considers appropriate and just in the circumstances.
43(20)This section does not affect any other right of action that a person may have.
43(21)The Commissioner shall, within such time as is reasonably practicable after the end of each year, prepare and submit to the Legislative Assembly, a report concerning the activities of the Office of the Commissioner in the preceding year.
2013, c.1, s.6; 2013, c.38, s.1
Mandate and responsibilities of Commissioner
43(1)There shall be an Office of the Commissioner of Official Languages for New Brunswick, as well as a Commissioner of Official Languages for New Brunswick.
43(2)Subject to subsections (2.1) to (2.4), the Commissioner shall be appointed by the Lieutenant-Governor in Council on the recommendation of the Legislative Assembly, shall rank as and have all the powers of a deputy head of a department, shall engage exclusively in the duties of the office of the Commissioner and shall not hold any other office under Her Majesty or engage in any other employment.
43(2.1)Before an appointment is made under subsection (2), a selection committee shall be established for the purpose of identifying persons as potential candidates to be appointed Commissioner.
43(2.2)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.
43(2.3)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.
43(2.4)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.
43(2.5)The Commissioner is an officer of the Legislative Assembly.
43(3)Subject to subsection (4), the Commissioner shall hold office for a term of seven years and is not eligible for reappointment.
43(4)The Lieutenant-Governor in Council may extend the term of the Commissioner for a period of not more than 12 months.
43(4.1)The Commissioner 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.
43(4.2)The Speaker or the Clerk, as the case may be, shall immediately inform the Lieutenant-Governor in Council of the Commissioner’s resignation.
43(4.3)The Commissioner 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.
43(4.4)The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Commissioner, with or without pay, pending an investigation that may lead to removal under subsection (4.3).
43(4.5)If the Legislature is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, on an application by the Lieutenant-Governor in Council, suspend the Commissioner, with or without pay, for incapacity, neglect of duty or misconduct.
43(5)If the Lieutenant-Governor in Council makes an application under subsection (4.5), the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.
43(5.1)If a judge of The Court of Queen’s Bench of New Brunswick suspends the Commissioner under subsection (4.5), the judge shall do the following:
(a) appoint an acting Commissioner to hold office until the suspension has been dealt with by the Legislative Assembly; and
(b) table a report on the suspension with the Legislative Assembly within ten days after the commencement of the next session of the Legislature.
43(5.2)No suspension under subsection (4.5) shall continue beyond the end of the next session of the Legislature.
43(5.3)If the Commissioner has been suspended under subsection (4.4), the Lieutenant-Governor in Council may appoint an acting Commissioner to hold office until the suspension has elapsed.
43(5.4)An acting Commissioner, while in office, has the powers and duties of the Commissioner and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.
43(5.5) The Lieutenant-Governor in Council may appoint an acting Commissioner for a term of up to one year if
(a) the office of Commissioner becomes vacant during a sitting of the Legislative Assembly, but the Legislative Assembly does not make a recommendation under subsection (2) before the end of the sitting, or
(b) the office of Commissioner becomes vacant while the Legislative Assembly is not sitting.
43(5.6)The appointment of an acting Commissioner comes to an end when a new Commissioner is appointed under subsection (2).
43(5.7)If the Commissioner is unable to act because of illness, the Lieutenant-Governor in Council may appoint an acting Commissioner, whose appointment comes to an end when the Commissioner is again able to act or when the office becomes vacant.
43(5.8)An appointment under subsection (5.1), (5.3), (5.5) or (5.7) shall not impede a person’s subsequent appointment under subsection (2).
43(5.9)The Premier shall consult with the leader of the opposition before an appointment is made under subsection (5.3), (5.5) or (5.7).
43(6)Notwithstanding the Civil Service Act, the Commissioner may appoint such persons to positions in the Office of the Commissioner as he or she considers necessary to enable the fulfillment of the Commissioner’s responsibilities under this Act.
43(6.1)The Commissioner 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.
43(7)The Public Service Superannuation Act applies to the Commissioner and the employees of the Office of the Commissioner.
43(8)The Commissioner may contract for such professional services, for limited periods of time or in respect of particular matters, as he or she considers necessary to enable the fulfillment of the Commissioner’s responsibilities under this Act.
43(9)In accordance with the authority provided to the Commissioner under this Act, it is the role of the Commissioner to investigate, report on and make recommendations with regard to compliance with this Act and to promote the advancement of both official languages in the Province.
43(10)In order to fulfill the role under subsection (9), the Commissioner shall conduct and carry out investigations either pursuant to any complaint made to the Commissioner or on his or her own initiative and shall, as provided in this Act, report and make recommendations with respect to such investigations.
43(11)The Commissioner may refuse to investigate or cease to investigate any complaint if, in the opinion of the Commissioner,
(a) the subject-matter of the complaint is trivial,
(b) the complaint is frivolous or vexatious or is not made in good faith, or
(c) the subject-matter of the complaint does not involve a contravention or failure to comply with this Act or, for any other reason, does not come within the authority of the Commissioner under this Act.
43(12)If the Commissioner refuses to investigate or ceases to investigate any complaint, the Commissioner shall inform the complainant and provide reasons for the decision to do so.
43(13)Before commencing an investigation under this Act, the Commissioner shall inform the deputy head or other administrative head of the institution concerned of his or her intention to carry out the investigation.
43(14)Subject to this Act, the Commissioner may determine the procedure to be followed in carrying out an investigation under this Act.
43(15)For the purposes of this Act, the Commissioner is a commissioner under the Inquiries Act.
43(16)After carrying out an investigation pursuant to a complaint under this Act, the Commissioner shall communicate the results of the investigation and any recommendations, including any opinion and the reasons for the recommendations, only to the Premier, the deputy head or other administrative head of the institution concerned and the complainant.
43(17)After carrying out an investigation on his or her own initiative, the Commissioner shall communicate the results of the investigation and any recommendations, including any opinion and the reasons for the recommendations, only to the Premier and the deputy head or other administrative head of the institution concerned.
43(18)If a complainant is not satisfied with the conclusions of the Commissioner received under subsection (16) or with the resolution of the complaint, the complainant may apply to The Court of Queen’s Bench of New Brunswick for a remedy.
43(19)The judge of a court referred to in subsection (18) may grant such remedy as he or she considers appropriate and just in the circumstances.
43(20)This section does not affect any other right of action that a person may have.
43(21)The Commissioner shall, within such time as is reasonably practicable after the end of each year, prepare and submit to the Legislative Assembly, a report concerning the activities of the Office of the Commissioner in the preceding year.
2013, c.1, s.6; 2013, c.38, s.1
Mandate and responsibilities of Commissioner
43(1)There shall be an Office of the Commissioner of Official Languages for New Brunswick, as well as a Commissioner of Official Languages for New Brunswick.
43(2)The Commissioner shall be appointed by the Lieutenant-Governor in Council on the recommendation of the Legislative Assembly, shall rank as and have all the powers of a deputy head of a department, shall engage exclusively in the duties of the office of the Commissioner and shall not hold any other office under Her Majesty or engage in any other employment.
43(2.1)Before an appointment is made under subsection (2), a selection committee shall be established for the purpose of identifying persons as potential candidates to be appointed Commissioner.
43(2.2)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.
43(2.3)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.
43(2.4)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.
43(2.5)The Commissioner is an officer of the Legislative Assembly.
43(3)Subject to subsection (4), the Commissioner shall hold office for a term of seven years and is not eligible for reappointment.
43(4)The Lieutenant-Governor in Council may extend the term of the Commissioner for a period of not more than 12 months.
43(4.1)The Commissioner 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.
43(4.2)The Speaker or the Clerk, as the case may be, shall immediately inform the Lieutenant-Governor in Council of the Commissioner’s resignation.
43(4.3)The Commissioner 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.
43(4.4)The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Commissioner, with or without pay, pending an investigation that may lead to removal under subsection (4.3).
43(4.5)If the Legislature is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, on an application by the Lieutenant-Governor in Council, suspend the Commissioner, with or without pay, for incapacity, neglect of duty or misconduct.
43(5)If the Lieutenant-Governor in Council makes an application under subsection (4.5), the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.
43(5.1)If a judge of The Court of Queen’s Bench of New Brunswick suspends the Commissioner under subsection (4.5), the judge shall do the following:
(a) appoint an acting Commissioner to hold office until the suspension has been dealt with by the Legislative Assembly; and
(b) table a report on the suspension with the Legislative Assembly within ten days after the commencement of the next session of the Legislature.
43(5.2)No suspension under subsection (4.5) shall continue beyond the end of the next session of the Legislature.
43(5.3)If the Commissioner has been suspended under subsection (4.4), the Lieutenant-Governor in Council may appoint an acting Commissioner to hold office until the suspension has elapsed.
43(5.4)An acting Commissioner, while in office, has the powers and duties of the Commissioner and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.
43(5.5) The Lieutenant-Governor in Council may appoint an acting Commissioner for a term of up to one year if
(a) the office of Commissioner becomes vacant during a sitting of the Legislative Assembly, but the Legislative Assembly does not make a recommendation under subsection (2) before the end of the sitting, or
(b) the office of Commissioner becomes vacant while the Legislative Assembly is not sitting.
43(5.6)The appointment of an acting Commissioner comes to an end when a new Commissioner is appointed under subsection (2).
43(5.7)If the Commissioner is unable to act because of illness, the Lieutenant-Governor in Council may appoint an acting Commissioner, whose appointment comes to an end when the Commissioner is again able to act or when the office becomes vacant.
43(5.8)An appointment under subsection (5.1), (5.3), (5.5) or (5.7) shall not impede a person’s subsequent appointment under subsection (2).
43(5.9)The Premier shall consult with the leader of the opposition before an appointment is made under subsection (5.3), (5.5) or (5.7).
43(6)Notwithstanding the Civil Service Act, the Commissioner may appoint such persons to positions in the Office of the Commissioner as he or she considers necessary to enable the fulfillment of the Commissioner’s responsibilities under this Act.
43(6.1)The Commissioner 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.
43(7)The Public Service Superannuation Act applies to the Commissioner and the employees of the Office of the Commissioner.
43(8)The Commissioner may contract for such professional services, for limited periods of time or in respect of particular matters, as he or she considers necessary to enable the fulfillment of the Commissioner’s responsibilities under this Act.
43(9)In accordance with the authority provided to the Commissioner under this Act, it is the role of the Commissioner to investigate, report on and make recommendations with regard to compliance with this Act and to promote the advancement of both official languages in the Province.
43(10)In order to fulfill the role under subsection (9), the Commissioner shall conduct and carry out investigations either pursuant to any complaint made to the Commissioner or on his or her own initiative and shall, as provided in this Act, report and make recommendations with respect to such investigations.
43(11)The Commissioner may refuse to investigate or cease to investigate any complaint if, in the opinion of the Commissioner,
(a) the subject-matter of the complaint is trivial,
(b) the complaint is frivolous or vexatious or is not made in good faith, or
(c) the subject-matter of the complaint does not involve a contravention or failure to comply with this Act or, for any other reason, does not come within the authority of the Commissioner under this Act.
43(12)If the Commissioner refuses to investigate or ceases to investigate any complaint, the Commissioner shall inform the complainant and provide reasons for the decision to do so.
43(13)Before commencing an investigation under this Act, the Commissioner shall inform the deputy head or other administrative head of the institution concerned of his or her intention to carry out the investigation.
43(14)Subject to this Act, the Commissioner may determine the procedure to be followed in carrying out an investigation under this Act.
43(15)For the purposes of this Act, the Commissioner is a commissioner under the Inquiries Act.
43(16)After carrying out an investigation pursuant to a complaint under this Act, the Commissioner shall communicate the results of the investigation and any recommendations, including any opinion and the reasons for the recommendations, only to the Premier, the deputy head or other administrative head of the institution concerned and the complainant.
43(17)After carrying out an investigation on his or her own initiative, the Commissioner shall communicate the results of the investigation and any recommendations, including any opinion and the reasons for the recommendations, only to the Premier and the deputy head or other administrative head of the institution concerned.
43(18)If a complainant is not satisfied with the conclusions of the Commissioner received under subsection (16) or with the resolution of the complaint, the complainant may apply to The Court of Queen’s Bench of New Brunswick for a remedy.
43(19)The judge of a court referred to in subsection (18) may grant such remedy as he or she considers appropriate and just in the circumstances.
43(20)This section does not affect any other right of action that a person may have.
43(21)The Commissioner shall, within such time as is reasonably practicable after the end of each year, prepare and submit to the Legislative Assembly, a report concerning the activities of the Office of the Commissioner in the preceding year.
2013, c.1, s.6
Mandate and responsibilities of Commissioner
43(1)There shall be an Office of the Commissioner of Official Languages for New Brunswick, as well as a Commissioner of Official Languages for New Brunswick.
43(2)The Commissioner shall be appointed by the Lieutenant-Governor in Council on the recommendation of the Legislative Assembly, shall rank as and have all the powers of a deputy head of a department, shall engage exclusively in the duties of the office of the Commissioner and shall not hold any other office under Her Majesty or engage in any other employment.
43(3)The Commissioner shall hold office during good behaviour for a term of five years.
43(4)The Commissioner, on the expiration of a first or any subsequent term, may be reappointed for a further five year term.
43(5)In the event of the absence or incapacity of the Commissioner, or if the office of the Commissioner is vacant, the Lieutenant-Governor in Council may appoint another qualified person to hold office during the absence or incapacity of the Commissioner, or until the end of the Commissioner’s mandate, and may fix the remuneration and expenses to which the person shall be entitled.
43(6)Notwithstanding the Civil Service Act, the Commissioner may appoint such persons to positions in the Office of the Commissioner as he or she considers necessary to enable the fulfillment of the Commissioner’s responsibilities under this Act.
43(7)The Public Service Superannuation Act applies to the Commissioner and the employees of the Office of the Commissioner.
43(8)The Commissioner may contract for such professional services, for limited periods of time or in respect of particular matters, as he or she considers necessary to enable the fulfillment of the Commissioner’s responsibilities under this Act.
43(9)In accordance with the authority provided to the Commissioner under this Act, it is the role of the Commissioner to investigate, report on and make recommendations with regard to compliance with this Act and to promote the advancement of both official languages in the Province.
43(10)In order to fulfill the role under subsection (9), the Commissioner shall conduct and carry out investigations either pursuant to any complaint made to the Commissioner or on his or her own initiative and shall, as provided in this Act, report and make recommendations with respect to such investigations.
43(11)The Commissioner may refuse to investigate or cease to investigate any complaint if, in the opinion of the Commissioner,
(a) the subject-matter of the complaint is trivial,
(b) the complaint is frivolous or vexatious or is not made in good faith, or
(c) the subject-matter of the complaint does not involve a contravention or failure to comply with this Act or, for any other reason, does not come within the authority of the Commissioner under this Act.
43(12)If the Commissioner refuses to investigate or ceases to investigate any complaint, the Commissioner shall inform the complainant and provide reasons for the decision to do so.
43(13)Before commencing an investigation under this Act, the Commissioner shall inform the deputy head or other administrative head of the institution concerned of his or her intention to carry out the investigation.
43(14)Subject to this Act, the Commissioner may determine the procedure to be followed in carrying out an investigation under this Act.
43(15)For the purposes of this Act, the Commissioner is a commissioner under the Inquiries Act.
43(16)After carrying out an investigation pursuant to a complaint under this Act, the Commissioner shall communicate the results of the investigation and any recommendations, including any opinion and the reasons for the recommendations, only to the Premier, the deputy head or other administrative head of the institution concerned and the complainant.
43(17)After carrying out an investigation on his or her own initiative, the Commissioner shall communicate the results of the investigation and any recommendations, including any opinion and the reasons for the recommendations, only to the Premier and the deputy head or other administrative head of the institution concerned.
43(18)If a complainant is not satisfied with the conclusions of the Commissioner received under subsection (16) or with the resolution of the complaint, the complainant may apply to The Court of Queen’s Bench of New Brunswick for a remedy.
43(19)The judge of a court referred to in subsection (18) may grant such remedy as he or she considers appropriate and just in the circumstances.
43(20)This section does not affect any other right of action that a person may have.
43(21)The Commissioner shall, within such time as is reasonably practicable after the end of each year, prepare and submit to the Legislative Assembly, a report concerning the activities of the Office of the Commissioner in the preceding year.