Acts and Regulations

O-5 - Ombud Act

Section 12
Disposition versions

Full text
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 King’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; 2023, c.17, s.183
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
Jurisdiction of Ombudsman
12(1)Subject to subsection (2), the Ombudsman may, either on a written petition made to him or on his own motion, investigate 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 any officer thereof whereby any person is aggrieved or, in the opinion of the Ombudsman, may be aggrieved.
12(2)Notwithstanding subsection (1), the Ombudsman 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)Where a question arises as to the jurisdiction of the Ombudsman to investigate a grievance under this Act, he 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
Jurisdiction of Ombudsman
12(1)Subject to subsection (2), the Ombudsman may, either on a written petition made to him or on his own motion, investigate 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 any officer thereof whereby any person is aggrieved or, in the opinion of the Ombudsman, may be aggrieved.
12(2)Notwithstanding subsection (1), the Ombudsman 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 and Youth Advocate or the New Brunswick Human Rights Commission.
12(3)Where a question arises as to the jurisdiction of the Ombudsman to investigate a grievance under this Act, he 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
Jurisdiction of Ombudsman
12(1)Subject to subsection (2), the Ombudsman may, either on a written petition made to him or on his own motion, investigate 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 any officer thereof whereby any person is aggrieved or, in the opinion of the Ombudsman, may be aggrieved.
12(2)Notwithstanding subsection (1), the Ombudsman 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 and Youth Advocate or the New Brunswick Human Rights Commission.
12(3)Where a question arises as to the jurisdiction of the Ombudsman to investigate a grievance under this Act, he 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
Jurisdiction of Ombudsman
12(1)Subject to subsection (2), the Ombudsman may, either on a written petition made to him or on his own motion, investigate 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 any officer thereof whereby any person is aggrieved or, in the opinion of the Ombudsman, may be aggrieved.
12(2)Notwithstanding subsection (1), the Ombudsman 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, or
(b) any decision, recommendation, act or omission of any person acting as solicitor or counsel for an authority.
12(3)Where a question arises as to the jurisdiction of the Ombudsman to investigate a grievance under this Act, he 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