2(1)There shall be an Office of the Consumer Advocate for Insurance for New Brunswick, as well as a Consumer Advocate for Insurance for New Brunswick.

2(2)Subject to subsections (2.1) to (2.4), the Consumer Advocate shall be appointed by the Lieutenant-Governor in Council on the recommendation of the Legislative Assembly.

2(2.1)Before an appointment is made under subsection (2), a selection committee shall be established for the purpose of identifying persons as potential candidates to be appointed Consumer Advocate.

2(2.2)The selection committee shall be composed of

2(2.3)The selection committee shall develop a roster of qualified candidates and submit a list of names of qualified candidates to the Lieutenant-Governor in Council.

2(2.4)The Premier shall consult with the leader of the opposition and the leaders of the other political parties having representation in the Legislative Assembly during the most recent sitting with respect to one or more qualified candidates from the selection committee’s list of qualified candidates.

2(3)The Consumer Advocate may not be a member of the Legislative Assembly and shall not hold any office of trust or profit, other than his or her office as Consumer Advocate, or engage in any other occupation for reward outside the responsibilities of his or her office without prior approval in each particular case by the Legislative Assembly or the Lieutenant-Governor in Council when the Legislature is not in session.

2(4)The Consumer Advocate is an officer of the Legislative Assembly.

2(5)Subject to subsection (6), the Consumer Advocate shall hold office for a term of seven years and is not eligible for reappointment.

2(6)The Lieutenant-Governor in Council may extend the term of the Consumer Advocate for a period of not more than 12 months.

2(7)The Consumer Advocate may resign from office by notice in writing addressed to the Speaker of the Legislative Assembly or, if there is no Speaker or the Speaker is absent from the Province, to the Clerk of the Legislative Assembly.

2(8)The Speaker or the Clerk, as the case may be, shall immediately inform the Lieutenant-Governor in Council of the Consumer Advocate’s resignation.

2(9)The Consumer Advocate 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.

2(10)The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Consumer Advocate, with or without pay, pending an investigation that may lead to removal under subsection (9).

2(11)If the Legislature is not in session, a judge of The Court of King’s Bench of New Brunswick may, on an application by the Lieutenant-Governor in Council, suspend the Consumer Advocate, with or without pay, for incapacity, neglect of duty or misconduct.

2(12)If the Lieutenant-Governor in Council makes an application under subsection (11), the practice and procedure of The Court of King’s Bench of New Brunswick respecting applications applies.

2(13)If a judge of The Court of King’s Bench of New Brunswick suspends the Consumer Advocate under subsection (11), the judge shall do the following:

2(14)No suspension under subsection (11) shall continue beyond the end of the next session of the Legislature.

2(15)If the Consumer Advocate has been suspended under subsection (10), the Lieutenant-Governor in Council may appoint an acting Consumer Advocate to hold office until the suspension has elapsed.

2(16)An acting Consumer Advocate, while in office, has the powers and duties of the Consumer Advocate and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.

2(17)The Premier shall consult with the leader of the opposition before an appointment is made under subsection (15).

2(18)An appointment under subsection (13) or (15) shall not impede a person’s subsequent appointment under subsection (2).

3(1)The Consumer Advocate shall be paid an annual salary as determined by the Lieutenant-Governor in Council within the deputy head pay plan, and is entitled to receive benefits similar to those received by deputy heads.

3(2)The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the Consumer Advocate.

4(1) The Lieutenant-Governor in Council may appoint an acting Consumer Advocate for a term of up to one year if

4(2)The appointment of an acting Consumer Advocate comes to an end when a new Consumer Advocate is appointed under section 2.

4(3)If the Consumer Advocate is unable to act because of illness, the Lieutenant-Governor in Council may appoint an acting Consumer Advocate, whose appointment comes to an end when the Consumer Advocate is again able to act or when the office becomes vacant.

4(4)An appointment under subsection (1) or (3) shall not impede a person’s subsequent appointment under subsection 2(2).

4(5)The Premier shall consult with the leader of the opposition before an appointment is made under subsection (1) or (3).

5(1)Before entering upon the exercise of the responsibilities of his or her office the Consumer Advocate shall take an oath that he or she will faithfully and impartially perform the responsibilities of his or her office and will not disclose any information received by him or her under this Act except for the purpose of giving effect to this Act.

5(2)The Speaker or the Clerk of the Legislative Assembly shall administer the oath referred to in subsection (1).

6(1)Notwithstanding the Civil Service Act, the Consumer Advocate may appoint such persons to positions in the Office of the Consumer Advocate as he or she considers necessary to enable the fulfillment of the Consumer Advocate’s responsibilities under this Act.

6(2)The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the employees of the Office of the Consumer Advocate.

6(3)The Consumer Advocate may contract for such professional services, for limited periods of time or in respect of particular matters, as he or she considers necessary to enable the fulfillment of the Consumer Advocate’s responsibilities under this Act.

7(1)The Consumer Advocate shall

7(2)The Consumer Advocate may appear before the New Brunswick Insurance Board established under the Insurance Act to represent the interests of consumers and may present evidence, call witnesses, cross-examine witnesses and make representations to the New Brunswick Insurance Board.

9(1)The Consumer Advocate shall conduct and carry out investigations under paragraph 7(1)(b) either pursuant to a complaint made to the Consumer Advocate or on his or her own initiative and shall, as provided in this Act, report and make recommendations with respect to such investigations.

9(2)The Consumer Advocate may refuse to investigate or cease to investigate any complaint if, in the opinion of the Consumer Advocate,

9(3)If the Consumer Advocate refuses to investigate or ceases to investigate any complaint, the Consumer Advocate shall advise the complainant and provide reasons for the decision to do so.

9(4)Before commencing an investigation into a complaint under this Act, the Consumer Advocate shall advise the insurer, agency, managing general agent, third party administrator or agent concerned of his or her intention to carry out the investigation.

9(5)Before commencing an investigation upon his or her own initiative under this Act, the Consumer Advocate shall notify the Superintendent and the insurer, agency, managing general agent, third party administrator or agent concerned of his or her intention to carry out the investigation.

9(6)Subject to this Act, the Consumer Advocate may determine the procedure to be followed in carrying out an investigation under this Act.

9(7)After carrying out an investigation pursuant to a complaint under this Act, the Consumer Advocate shall communicate the results of the investigation and any recommendations, including any opinion and the reasons for the recommendations, only to the insurer, agency, managing general agent, third party administrator or agent concerned, the complainant and, at the discretion of the Consumer Advocate, the Superintendent.

9(8)After carrying out an investigation on his or her own initiative, the Consumer Advocate shall communicate the results of the investigation and any recommendations, including any opinion and the reasons for the recommendations, only to the Superintendent and the insurer, agency, managing general agent, third party administrator or agent concerned.

9(9)Notwithstanding subsection (7), where during the course of an investigation the Consumer Advocate reasonably believes the insurer, agency, managing general agent, third party administrator or agent has violated any prohibition or failed to comply with the requirements of the Insurance Act, the Consumer Advocate shall

9(10)Notwithstanding subsection (7), where during the course of an investigation the Consumer Advocate reasonably believes the insurer, agency, managing general agent, third party administrator or agent has committed an offence under any Act of Parliament or any other Act of the Legislature other than the Insurance Act, the Consumer Advocate shall suspend the investigation and refer the matter to the appropriate authorities.

10(1)The Consumer Advocate shall report annually to the Legislative Assembly concerning

10(2)Each annual report by the Consumer Advocate to the Legislative Assembly shall be submitted to the Speaker of the Legislative Assembly as soon as practicable after the close of each year and the Speaker of the Legislative Assembly shall table each such report before the Legislative Assembly forthwith after receipt thereof by him or her or, if the Legislative Assembly is not then in session, within 10 days following the commencement of the next ensuing session of the Legislative Assembly.

11(1)The Consumer Advocate shall annually, as soon as practicable after the close of each fiscal year, by reference to the Public Accounts and by such further inquiries or investigations as he or she may deem necessary, ascertain and certify the total amount of the expenditure incurred by the Province for or in connection with the administration of this Act during the last preceding fiscal year and the amount of the expenditure so ascertained and certified by the Consumer Advocate is final and conclusive for all purposes of this section.

11(2)The total amount of expenditure incurred by the Province for or in connection with the administration of this Act ascertained and certified under the provisions of subsection (1) includes any costs incurred by the appearance of the Consumer Advocate under subsection 7(2) before the New Brunswick Insurance Board.

11(3)The total amount of the expenditure incurred by the Province for or in connection with the administration of this Act ascertained and certified under the provisions of subsection (1) shall be assessed against licensed insurers as follows:

11(4)The assessments made in subsection (3), when certified by the Consumer Advocate, are binding upon the said insurers and each of them and are final and conclusive.

11(5)The Superintendent shall advise the Consumer Advocate, at the earliest time possible, of the amount of the net receipts of each licensed insurer calculated under subsection 94(4) of the Insurance Act, in order for the Consumer Advocate to determine the assessments made in subsection (3).

11(6)When an insurer that is assessed defaults in the payment of an assessment or any part thereof, the Consumer Advocate may issue a certificate stating that the assessment was made, the amount remaining unpaid on account thereof and the insurer by whom it was payable and such certificate, or a duly certified copy of it, may be filed in The Court of King’s Bench of New Brunswick and when so filed and sealed with the seal of such court shall become an order of that court upon which judgment may be entered against such insurer for the amount mentioned in the certificate, together with the fees of the clerk or agent allowable in the case of a default judgment and such judgment may be enforced by execution or otherwise as any other judgment of the court.