Acts and Regulations

O-5 - Ombud Act

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Suspension or removal of Ombud
3(1)The Ombud shall hold office during good behaviour and may only be removed by the Lieutenant-Governor in Council for incapacity, neglect of duty or misconduct upon an address in which 2/3 of the members of the Legislative Assembly concur.
3(1.1)The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Ombud, with or without pay, pending an investigation which may lead to removal under subsection (1).
3(2)When the Legislature is not in session, a judge of The Court of King’s Bench of New Brunswick may, upon an application by the Lieutenant-Governor in Council, suspend the Ombud from office for cause or incapacity due to illness or any other cause.
3(3)Where the Lieutenant-Governor in Council makes an application under subsection (2) the practice and procedure of The Court of King’s Bench of New Brunswick respecting applications applies.
3(4)Where a judge of The Court of King’s Bench of New Brunswick suspends the Ombud under subsection (2) that judge
(a) shall appoint an acting Ombud to hold office until the suspension has been dealt with by the Legislative Assembly, and
(b) shall table a report of the suspension within ten days following the commencement of the next ensuing session of the Legislature.
3(5)No suspension under subsection (2) shall continue beyond the end of the next ensuing session of the Legislature.
3(6)Disclosure by the Ombud of information which the Ombud is required to keep confidential under this Act or any other Act shall be grounds for removal from office under this section.
3(7)If the Ombud has been suspended under subsection (1.1), the Lieutenant-Governor in Council may appoint an acting Ombud to hold office until the suspension has elapsed.
3(8)An acting Ombud, while in office, has the powers and duties of the Ombud and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.
3(9)The Premier shall consult with the leader of the opposition before an appointment is made under subsection (7).
3(10)An appointment under subsection (4) or (7) shall not impede a person’s subsequent appointment under section 2.
1967, c.18, s.3; 1979, c.41, s.90; 2007, c.56, s.2; 2013, c.1, s.7; 2017, c.1, s.3; 2019, c.19, s.4; 2023, c.17, s.183
Suspension or removal of Ombud
3(1)The Ombud shall hold office during good behaviour and may only be removed by the Lieutenant-Governor in Council for incapacity, neglect of duty or misconduct upon an address in which 2/3 of the members of the Legislative Assembly concur.
3(1.1)The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Ombud, with or without pay, pending an investigation which may lead to removal under subsection (1).
3(2)When the Legislature is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, upon an application by the Lieutenant-Governor in Council, suspend the Ombud from office for cause or incapacity due to illness or any other cause.
3(3)Where the Lieutenant-Governor in Council makes an application under subsection (2) the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.
3(4)Where a judge of The Court of Queen’s Bench of New Brunswick suspends the Ombud under subsection (2) that judge
(a) shall appoint an acting Ombud to hold office until the suspension has been dealt with by the Legislative Assembly, and
(b) shall table a report of the suspension within ten days following the commencement of the next ensuing session of the Legislature.
3(5)No suspension under subsection (2) shall continue beyond the end of the next ensuing session of the Legislature.
3(6)Disclosure by the Ombud of information which the Ombud is required to keep confidential under this Act or any other Act shall be grounds for removal from office under this section.
3(7)If the Ombud has been suspended under subsection (1.1), the Lieutenant-Governor in Council may appoint an acting Ombud to hold office until the suspension has elapsed.
3(8)An acting Ombud, while in office, has the powers and duties of the Ombud and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.
3(9)The Premier shall consult with the leader of the opposition before an appointment is made under subsection (7).
3(10)An appointment under subsection (4) or (7) shall not impede a person’s subsequent appointment under section 2.
1967, c.18, s.3; 1979, c.41, s.90; 2007, c.56, s.2; 2013, c.1, s.7; 2017, c.1, s.3; 2019, c.19, s.4
Suspension or removal of Ombud
3(1)The Ombud shall hold office during good behaviour and may only be removed by the Lieutenant-Governor in Council for incapacity, neglect of duty or misconduct upon an address in which 2/3 of the members of the Legislative Assembly concur.
3(1.1)The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Ombud, with or without pay, pending an investigation which may lead to removal under subsection (1).
3(2)When the Legislature is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, upon an application by the Lieutenant-Governor in Council, suspend the Ombud from office for cause or incapacity due to illness or any other cause.
3(3)Where the Lieutenant-Governor in Council makes an application under subsection (2) the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.
3(4)Where a judge of The Court of Queen’s Bench of New Brunswick suspends the Ombud under subsection (2) that judge
(a) shall appoint an acting Ombud to hold office until the suspension has been dealt with by the Legislative Assembly, and
(b) shall table a report of the suspension within ten days following the commencement of the next ensuing session of the Legislature.
3(5)No suspension under subsection (2) shall continue beyond the end of the next ensuing session of the Legislature.
3(6)Disclosure by the Ombud of information which the Ombud is required to keep confidential under this Act shall be grounds for removal from office under this section.
3(7)If the Ombud has been suspended under subsection (1.1), the Lieutenant-Governor in Council may appoint an acting Ombud to hold office until the suspension has elapsed.
3(8)An acting Ombud, while in office, has the powers and duties of the Ombud and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.
3(9)The Premier shall consult with the leader of the opposition before an appointment is made under subsection (7).
3(10)An appointment under subsection (4) or (7) shall not impede a person’s subsequent appointment under section 2.
1967, c.18, s.3; 1979, c.41, s.90; 2007, c.56, s.2; 2013, c.1, s.7; 2017, c.1, s.3
Suspension or removal of Ombudsman
3(1)The Ombudsman shall hold office during good behaviour and may only be removed by the Lieutenant-Governor in Council for incapacity, neglect of duty or misconduct upon an address in which 2/3 of the members of the Legislative Assembly concur.
3(1.1)The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Ombudsman, with or without pay, pending an investigation which may lead to removal under subsection (1).
3(2)When the Legislature is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, upon an application by the Lieutenant-Governor in Council, suspend the Ombudsman from office for cause or incapacity due to illness or any other cause.
3(3)Where the Lieutenant-Governor in Council makes an application under subsection (2) the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.
3(4)Where a judge of The Court of Queen’s Bench of New Brunswick suspends the Ombudsman under subsection (2) that judge
(a) shall appoint an acting Ombudsman to hold office until the suspension has been dealt with by the Legislative Assembly, and
(b) shall table a report of the suspension within ten days following the commencement of the next ensuing session of the Legislature.
3(5)No suspension under subsection (2) shall continue beyond the end of the next ensuing session of the Legislature.
3(6)Disclosure by the Ombudsman of information which the Ombudsman is required to keep confidential under this Act shall be grounds for removal from office under this section.
3(7)If the Ombudsman has been suspended under subsection (1.1), the Lieutenant-Governor in Council may appoint an acting Ombudsman to hold office until the suspension has elapsed.
3(8)An acting Ombudsman, while in office, has the powers and duties of the Ombudsman and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.
3(9)The Premier shall consult with the leader of the opposition before an appointment is made under subsection (7).
3(10)An appointment under subsection (4) or (7) shall not impede a person’s subsequent appointment under section 2.
1967, c.18, s.3; 1979, c.41, s.90; 2007, c.56, s.2; 2013, c.1, s.7
Suspension or removal of Ombudsman
3(1)The Ombudsman shall hold office during good behaviour and may only be removed by the Lieutenant-Governor in Council for incapacity, neglect of duty or misconduct upon an address in which 2/3 of the members of the Legislative Assembly concur.
3(1.1)The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Ombudsman, with or without pay, pending an investigation which may lead to removal under subsection (1).
3(2)When the Legislature is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, upon an application by the Lieutenant-Governor in Council, suspend the Ombudsman from office for cause or incapacity due to illness or any other cause.
3(3)Where the Lieutenant-Governor in Council makes an application under subsection (2) the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.
3(4)Where a judge of The Court of Queen’s Bench of New Brunswick suspends the Ombudsman under subsection (2) that judge
(a) shall appoint an acting Ombudsman to hold office until the suspension has been dealt with by the Legislative Assembly, and
(b) shall table a report of the suspension within ten days following the commencement of the next ensuing session of the Legislature.
3(5)No suspension under subsection (2) shall continue beyond the end of the next ensuing session of the Legislature.
3(6)Disclosure by the Ombudsman of information which the Ombudsman is required to keep confidential under this Act shall be grounds for removal from office under this section.
3(7)If the Ombudsman has been suspended under subsection (1.1), the Lieutenant-Governor in Council may appoint an acting Ombudsman to hold office until the suspension has elapsed.
3(8)An acting Ombudsman, while in office, has the powers and duties of the Ombudsman and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.
3(9)The Premier shall consult with the leader of the opposition before an appointment is made under subsection (7).
3(10)An appointment under subsection (4) or (7) shall not impede a person’s subsequent appointment under section 2.
1967, c.18, s.3; 1979, c.41, s.90; 2007, c.56, s.2; 2013, c.1, s.7
Suspension or removal of Ombudsman
3(1)The Lieutenant-Governor in Council, upon an address in which two-thirds of the members of the Legislative Assembly concur, may remove the Ombudsman from office for cause or incapacity due to illness or other cause.
3(1.1)The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Ombudsman, with or without pay, pending an investigation which may lead to removal under subsection (1).
3(2)When the Legislature is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, upon an application by the Lieutenant-Governor in Council, suspend the Ombudsman from office for cause or incapacity due to illness or any other cause.
3(3)Where the Lieutenant-Governor in Council makes an application under subsection (2) the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.
3(4)Where a judge of The Court of Queen’s Bench of New Brunswick suspends the Ombudsman under subsection (2) that judge
(a) shall appoint an acting Ombudsman to hold office until the suspension has been dealt with by the Legislative Assembly, and
(b) shall table a report of the suspension within ten days following the commencement of the next ensuing session of the Legislature.
3(5)No suspension under subsection (2) shall continue beyond the end of the next ensuing session of the Legislature.
3(6)Disclosure by the Ombudsman of information which the Ombudsman is required to keep confidential under this Act shall be grounds for removal from office under this section.
1967, c.18, s.3; 1979, c.41, s.90; 2007, c.56, s.2
Suspension or removal of Ombudsman
3(1)On the recommendation of the Legislative Assembly, the Lieutenant-Governor in Council may remove or suspend the Ombudsman from office for cause or incapacity due to illness or any other cause.
3(2)When the Legislature is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, upon an application by the Lieutenant-Governor in Council, suspend the Ombudsman from office for cause or incapacity due to illness or any other cause.
3(3)Where the Lieutenant-Governor in Council makes an application under subsection (2) the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.
3(4)Where a judge of The Court of Queen’s Bench of New Brunswick suspends the Ombudsman under subsection (2) that judge
(a) shall appoint an acting Ombudsman to hold office until the suspension has been dealt with by the Legislative Assembly, and
(b) shall table a report of the suspension within ten days following the commencement of the next ensuing session of the Legislature.
3(5)No suspension under subsection (2) shall continue beyond the end of the next ensuing session of the Legislature.
1967, c.18, s.3; 1979, c.41, s.90