8(1)All executive staff members, Deputy Ministers and heads of Crown corporations, before taking office under their respective appointments, shall disclose under oath, in the form prescribed by regulation, to the Commissioner all information pertaining to their, their spouses’ or their dependent children’s involvement with, or ownership of, real and personal property of any nature or kind and all business and financial involvement of any nature, except the following:

8(2)L’obligation imposée au paragraphe (1) demeure lorsque varie la part de propriété ou d’intérêts, selon le cas, détenue sur les biens et dans les activités professionnelles et financières déjà divulguées, avant leur variation ou au moment où celle-ci s’opère et, après la divulgation, lorsque des biens ainsi que des activités professionnelles et financières supplémentaires viennent s’ajouter à ceux qui ont déjà été déclarés. Dans tous les cas, cette divulgation est obligatoire une fois par an suivant la divulgation originale.

8(4)On the application of a person who states under oath that he or she believes that a person referred to in subsection (1) has a conflict of interest under this Act or has not complied with this Act, and who produces sufficient evidence in support of the allegation to satisfy the Commissioner that there is a reasonable possibility that a conflict of interest may exist or that the Act has not been complied with, the Commissioner shall inquire into the allegation, and if the Commissioner determines that a conflict of interest exists or that a contravention has occurred, subsections 10(3) to (6) apply.

10(2)On determining that a person filing a written disclosure is not in contravention of any provision of this Act, the Commissioner shall advise the person of that determination.

10(2.1)On determining that a person is in contravention or has been in contravention of a provision of this Act, the Commissioner shall advise the person of that determination and may make recommendations to the person with respect to any action required to be taken in order to comply with the provision.

10(3)If a person fails to follow a recommendation made by the Commissioner under subsection (2.1), the Commissioner may apply to the court for one or more of the following orders:

10(4)Each of the following is proof, in the absence of evidence to the contrary, of a person’s compliance with this Act: 

10(5)In any case of an order made by the court to deal with involvement with or of any of the conflict of interest items contemplated under this Act, the person so required, before accepting or continuing his or her position, shall satisfy the Commissioner that those requirements have been met by the date the court specifies in the order.

10(6)A determination of the Commissioner or an order of the court may be appealed to The Court of Appeal of New Brunswick by any person within 30 days after the making of the determination or order.

8(2)Before performing any official duty under this Act or any other Act, a person appointed under subsection (1) shall take an oath, administered by the Ombud, that the person will not divulge any information received by him or her under this Act or any other Act, except for the purpose of giving effect to this Act or any other Act.

19.2(1)The Ombud, employees of Ombud New Brunswick and any person appointed to assist the Ombud pursuant to a contract for professional services shall keep confidential all information and other matters that come to their knowledge in the exercise of their duties or functions under this Act or any other Act, unless required to disclose it by law or in furtherance of the Ombud’s mandate under this Act or any other Act.

19.2(2)Despite subsection (1), and subject to subsection (3), the Ombud may disclose in a report made under this Act, the Personal Health Information Privacy and Access Act or the Right to Information and Protection of Privacy Act those matters which the Ombud considers necessary to disclose in order to establish grounds for his or her conclusions and recommendations.

70(2)The Ombud shall inform the person who made the complaint and the custodian, in writing, of his or her decision not to investigate the decision of the custodian or to cease an investigation in relation to a matter and the reasons for the Ombud’s decision.

73(1)On completing an investigation of a complaint, the Ombud shall prepare a report containing the Ombud’s findings about the complaint and

74(1)The custodian, on reviewing the recommendation of the Ombud, shall make his or her decision and shall notify, in writing, the individual who made the complaint and shall forward to the Ombud a copy of the decision.

74(2)If the custodian accepts the recommendations in the Ombud’s report, the custodian shall, within 15 days after receiving the report, comply with the recommendations of the Ombud or make any other decision that the custodian considers appropriate.

69(2)The Ombud shall inform the person who made the complaint and the head of the public body, in writing, of his or her decision not to investigate the decision of the head of the public body or to cease an investigation in relation to a matter and the reasons for the Ombuds’s decision.

73(1)On completing the investigation of a complaint, the Ombud shall prepare a report containing the Ombud’s findings and shall make any of the following recommendations:

74(2)Within 20 business days after receiving the Ombud’s report under subsection 73(2), the head of the public body shall make a decision under subsection (1), and shall give a written notice of the decision to the applicant or the third party, as the case may be, and shall forward a copy of the decision to the Ombud.