Acts and Regulations

2008-70 - General

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2008-70
under the
Public Interest Disclosure Act
(O.C. 2008-237)
Filed June 10, 2008
Under section 51 of the Public Interest Disclosure Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the General Regulation - Public Interest Disclosure Act.
Definition of “Act”
2In this Regulation, “Act” means the Public Interest Disclosure Act.
Procedures re: disclosure of wrongdoing
3(1)Where a supervisor of an employee receives a disclosure from the employee under section 11 of the Act, the supervisor shall forward the disclosure to the designated officer.
3(2)Where a designated officer receives a disclosure under section 11 of the Act, the designated officer shall promptly review the disclosure and interview the employee who made the disclosure to determine if the disclosure merits further investigation.
3(3)The designated officer shall promptly advise the employee who made the disclosure of his or her decision with respect to proceeding with an investigation.
Procedure re: claim of wrongdoing
4Where a chief executive receives a claim of wrongdoing from the Ombud under section 23 of the Act, the chief executive shall determine if there is sufficient information and detail in the claim such that an investigation should be conducted, and may conduct the investigation in the manner he or she considers appropriate in the circumstances.
2011, c.11, s.31; 2017-40
Single investigation may be conducted
5Where more than one disclosure or claim is received by a chief executive or designated officer in respect of the same matter, a single investigation may be conducted rather than a separate investigation with respect to each disclosure or claim.
Investigation to be expeditious
6A person who conducts an investigation under this Regulation shall conduct it in a timely and expeditious manner, and shall make every effort to complete an investigation within 3 months after commencing the investigation.
Responsibility of investigator
7A person who conducts an investigation shall ensure that
(a) the right to procedural fairness and natural justice of all persons involved in an investigation is respected, including persons making disclosures or claims of wrongdoing, witnesses and persons alleged to be responsible for wrongdoings, and
(b) information that is collected be kept confidential in so far as is possible in the circumstances.
Report of investigator
8(1)A person who conducts an investigation shall, upon completion, prepare a report containing his or her findings and any recommendations about the disclosure or claim.
8(2)A report prepared under subsection (1) shall be given to the chief executive and
(a) in the case of a department, to the minister responsible,
(b) in the case of a Crown corporation, regional health authority, board, commission or other body, to the board of directors and the minister responsible, and
(c) in the case of a school district, to the district education council of that school district and to the minister responsible.
Summary of findings to be provided
9(1)A chief executive shall provide the employee who made the disclosure with a written summary of the investigator’s findings, the determination of the chief executive as to whether a wrongdoing has occurred and if so, of the corrective actions taken.
9(2)A chief executive shall provide a person who made a claim of wrongdoing, where known, with a written summary of the investigator’s findings, the determination of the chief executive as to whether a wrongdoing has occurred and if so, of the corrective actions taken.
Forms re: reprisal
10(1)A complaint of reprisal filed under subsection 32(1) of the Act shall be in Form 1.
10(2)A notice of a complaint served on an employer under subsection 34(1) of the Act shall be in Form 2.
10(3)A reply to a complaint of reprisal under section 34(2) of the Act shall be in Form 3.
10(4)A form for the notice of a hearing of a complaint of reprisal under section 36 of the Act shall be in Form 4.
Commencement
11This Regulation comes into force on July 1, 2008.
N.B. This Regulation is consolidated to October 20, 2017.