Acts and Regulations

O-5 - Ombud Act

Section 18
Disposition versions

Full text
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18(1)Repealed: 2007, c.56, s.8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18(4)Repealed: 2007, c.56, s.8
18(5)Repealed: 2007, c.56, s.8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 King’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 King’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; 2023, c.17, s.183
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18(1)Repealed: 2007, c.56, s.8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18(4)Repealed: 2007, c.56, s.8
18(5)Repealed: 2007, c.56, s.8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
Witnesses and evidence
18(1)Repealed: 2007, c.56, s.8
18(2)The Ombudsman may summon before him and examine on oath
(a) any officer of an authority who in his opinion is able to give any information referred to in subsection 19.1(2),
(b) any petitioner, and
(c) with the approval of the Attorney General, any other person who in the opinion of the Ombudsman is able to give any information referred to in subsection 19.1(2).
18(3)The oath referred to in subsection (2) shall be administered by the Ombudsman.
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)Any person required to attend a hearing under this Act is entitled to the same fees, allowances and expenses as if he were 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 Ombudsman and evidence of any proceeding before the Ombudsman 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 against any Act by reason of his compliance with any requirement of the Ombudsman 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
Witnesses and evidence
18(1)Repealed: 2007, c.56, s.8
18(2)The Ombudsman may summon before him and examine on oath
(a) any officer of an authority who in his opinion is able to give any information referred to in subsection 19.1(2),
(b) any petitioner, and
(c) with the approval of the Attorney General, any other person who in the opinion of the Ombudsman is able to give any information referred to in subsection 19.1(2).
18(3)The oath referred to in subsection (2) shall be administered by the Ombudsman.
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)Any person required to attend a hearing under this Act is entitled to the same fees, allowances and expenses as if he were 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 Ombudsman and evidence of any proceeding before the Ombudsman 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 against any Act by reason of his compliance with any requirement of the Ombudsman 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
Witnesses and evidence
18(1)Repealed: 2007, c.56, s.8
18(2)The Ombudsman may summon before him and examine on oath
(a) any officer of an authority who in his opinion is able to give any information referred to in subsection (1),
(b) any petitioner, and
(c) with the approval of the Attorney General, any other person who in the opinion of the Ombudsman is able to give any information referred to in subsection (1).
18(3)The oath referred to in subsection (2) shall be administered by the Ombudsman.
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)Any person required to attend a hearing under this Act is entitled to the same fees, allowances and expenses as if he were 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 Ombudsman and evidence of any proceeding before the Ombudsman 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 against any Act by reason of his compliance with any requirement of the Ombudsman 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
Witnesses and evidence
18(1)Subject to subsections (2) to (7) and section 19, where the Ombudsman requests a person who in the opinion of the Ombudsman is able to furnish information relating to a matter being investigated by the Ombudsman to furnish such information, that person shall furnish that information and produce any documents or papers that in the opinion of the Ombudsman relate to the matter and that may be in the possession or under the control of that person whether or not that person is an officer of an authority and whether or not the documents and papers are in the custody or under the control of that authority.
18(2)The Ombudsman may summon before him and examine on oath
(a) any officer of an authority who in his opinion is able to give any information referred to in subsection (1),
(b) any petitioner, and
(c) with the approval of the Attorney General, any other person who in the opinion of the Ombudsman is able to give any information referred to in subsection (1).
18(3)The oath referred to in subsection (2) shall be administered by the Ombudsman.
18(4)Subject to subsection (5), where a person is bound by an Act to maintain secrecy in relation to, or not to disclose any matter, the Ombudsman shall not require that person to supply any information or to answer any question in relation to that matter or to produce any document or paper relating to the matter that would be a breach of the obligation of secrecy or nondisclosure.
18(5)With the prior consent in writing of the petitioner the Ombudsman may require a person to whom subsection (4) applies to supply information or answer questions or produce documents or papers relating only to the petitioner and that person shall do so.
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)Any person required to attend a hearing under this Act is entitled to the same fees, allowances and expenses as if he were 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 Ombudsman and evidence of any proceeding before the Ombudsman 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 against any Act by reason of his compliance with any requirement of the Ombudsman under this Act.
1967, c.18, s.18; 1979, c.41, s.90; 1981, c.6, s.1; 1985, c.65, s.7