3(1)Subject to subsections (1.1) to (1.4), there shall be a Child, Youth and Senior Advocate appointed by the Lieutenant-Governor in Council on the recommendation of the Legislative Assembly.

3(1.1)Before an appointment is made under subsection (1), a selection committee shall be established for the purpose of identifying persons as potential candidates to be appointed Advocate.

3(1.2)The selection committee shall be composed of

3(1.3)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.

3(1.4)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.

3(2)Subject to subsection (3), the Advocate shall be appointed for a term of seven years and is not eligible for reappointment.

3(3)The Lieutenant-Governor in Council may extend the term of the Advocate for a period of not more than 12 months.

3(4)The Advocate is an officer of the Legislative Assembly.

3(5)The Legislative Assembly may make general rules for the guidance of the Advocate in the exercise of his or her functions and duties under this Act.

3(6)Notwithstanding the prohibition against reappointing an Advocate in subsection (2), the person holding office as the Advocate immediately before the coming into force of this Act shall be eligible to be appointed in accordance with this Act for one term.

4(1)The 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.

4(2)The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the Advocate.

5(1)The Advocate shall not be a member of the Legislative Assembly and shall not hold any other office of trust or profit or engage in any occupation for reward outside the duties of the office of Advocate without the prior approval in each case by the Legislative Assembly or the Lieutenant-Governor in Council when the Legislature is not in session.

5(2)Notwithstanding subsection (1), the Advocate may also hold the office of Ombud.

6(1)Before entering upon the exercise of the duties of the office of Advocate, the Advocate shall take an oath to faithfully and impartially perform the duties of the office and not to divulge any information received under this Act except for the purpose of giving effect to this Act.

6(2)The Speaker or the Clerk of the Legislative Assembly shall administer the oath referred to in subsection (1).

7(1)The 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.

7(2)The Speaker or the Clerk, as the case may be, shall immediately inform the Lieutenant-Governor in Council of the Advocate’s resignation.

8(1)The 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 two-thirds of the members of the Legislative Assembly concur.

8(2)The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Advocate, with or without pay, pending an investigation which may lead to removal under subsection (1).

8(3)If 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 Advocate, with or without pay, for incapacity, neglect of duty or misconduct.

8(4)If the Lieutenant-Governor in Council makes an application under subsection (3), the practice and procedure of The Court of King’s Bench of New Brunswick respecting applications applies.

8(5)If a judge of The Court of King’s Bench of New Brunswick suspends the Advocate under subsection (3), the judge shall do the following:

8(6)No suspension under subsection (3) shall continue beyond the end of the next session of the Legislature.

8(7)Disclosure by the Advocate of information which the Advocate is required to keep confidential under this Act shall be grounds for removal from office under this section.

8(8)An appointment under subsection (5) shall not impede a person’s subsequent appointment under section 3.

9(1)If the Advocate has been suspended under subsection 8(2), the Lieutenant-Governor in Council may appoint an acting Advocate to hold office until the suspension has elapsed.

9(2)An acting Advocate, while in office, has the powers and duties of the Advocate and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.

9(3)The Premier shall consult with the leader of the opposition before an appointment is made under subsection (1).

9(4)An appointment under subsection (1) shall not impede a person’s subsequent appointment under section 3.

10(1)The Lieutenant-Governor in Council may appoint an acting Advocate for a term of up to one year if

10(2)The appointment of an acting Advocate comes to an end when a new Advocate is appointed under section 3.

10(3)If the Advocate is unable to act because of illness, the Lieutenant-Governor in Council may appoint an acting Advocate, whose appointment comes to an end when the Advocate is again able to act or when the office becomes vacant.

10(4)An appointment under subsection (1) or (3) shall not impede a person’s subsequent appointment under section 3.

10(5)The Premier shall consult with the leader of the opposition before an appointment is made under subsection (1) or (3).

11(1)The Advocate may appoint such assistants and employees as the Advocate considers necessary for the efficient carrying out of the functions and duties under this Act.

11(2)Before performing any functions or duties under this Act, a person appointed under subsection (1) shall take an oath, administered by the Advocate, that he or she will not divulge any information that is received under this Act, except for the purpose of giving effect to and in compliance with this Act.

11(3)The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to all persons employed in the Office of the Child, Youth and Senior Advocate.

11(4)All persons employed in the Office of the Child, Youth and Senior Advocate may participate in and receive benefits under any health, life, disability or other insurance plan available to employees within the public service, in accordance with the terms upon which the right to participate and receive benefits may from time to time be extended to the persons employed in the Office of the Child, Youth and Senior Advocate.

11(5)The Advocate may share employees and the cost of such employees with Ombud New Brunswick and the Integrity Commissioner.

12(1)The Advocate may delegate in writing to any person any power of the Advocate under this Act, except the power of delegation and the power to make a report under this Act.

12(2)Notwithstanding subsection (1), if the Advocate is in a conflict of interest with respect to a matter referred to the Advocate, the Advocate may delegate in writing to any person any power with respect to that matter, including the power to make a report.

12(3)A person purporting to exercise the power of the Advocate by virtue of a delegation under subsection (1) or (2) shall produce evidence of his or her authority to exercise that power when required to do so.

13(1)In carrying out the functions and duties of the office of Advocate, the Advocate may do any of the following on petition to the Advocate or on his or her own initiative:

13(2)The Advocate shall not act as legal counsel.

13(3)The Advocate may act under subsection (1) on behalf of a person who is no longer a child or a youth if the matter arose while the person was a child or youth and the matter is referred to the Advocate before the person’s twentieth birthday.

14(1)The Advocate does not have jurisdiction over and shall not act under section 13 with respect to the following:

14(2)The Advocate shall not investigate or review a matter that is being or has been investigated or reviewed by Ombud New Brunswick or the New Brunswick Human Rights Commission.

14(3)Notwithstanding any other Act that provides that a decision, recommendation, act or omission is final or that no appeal lies in respect of it or that no proceeding, decision, recommendation, act or omission of an authority or officer of it is to be challenged, reviewed, quashed or called in question, the Advocate may exercise the powers of his or her office.

14(4)This Act does not affect, abrogate, abridge or infringe or authorize the abrogation, abridgment or infringement of any substantive or procedural right or remedy existing elsewhere or otherwise than in this Act.

14(5)If a question arises as to the jurisdiction of the Advocate to investigate a matter under this Act, the Advocate may apply to The Court of King’s Bench of New Brunswick for a declaratory order determining the question.

15(1)A person may petition the Advocate, in writing or otherwise, to review, investigate or provide advocacy services in relation to a matter within the jurisdiction of the Advocate under this Act.

15(2)A committee of the Legislative Assembly may refer any petition that is before it for consideration, or any matter relating to the petition, to the Advocate to be investigated or reviewed and a report made.

15(3)Notwithstanding section 17, if a matter has been referred to the Advocate under subsection (2), the Advocate, subject to any special directions of the committee, shall investigate the matter as far as it is within the Advocate’s jurisdiction and shall make a report to the committee.

16(1)If a child or youth in a facility, caregiver’s home, group home, or other home or place in which the child or youth is placed under the Criminal Code (Canada), the Youth Criminal Justice Act (Canada), or an Act of the Legislature, asks to communicate with the Advocate, the person in charge of the facility shall immediately forward the request to the Advocate.

16(2)Notwithstanding any other Act, if a child or youth in a facility referred to in subsection (1) writes a letter addressed to the Advocate, the person in charge of the facility shall immediately forward the unopened letter to the Advocate.

16.1(1)If an adult under protection or a senior in a facility, caregiver’s home, group home, or other home or place in which the adult or senior is placed under an Act of the Legislature, asks to communicate with the Advocate, the person in charge of the facility shall immediately forward the request to the Advocate.

16.1(2)Despite any other Act, if an adult under protection or a senior in a facility referred to in subsection (1) writes a letter addressed to the Advocate, the person in charge of the facility shall immediately forward the unopened letter to the Advocate.

17(1)The Advocate may, in his or her discretion, refuse to or cease to review, investigate or provide advocacy services in relation to a matter in the following circumstances:

17(2)If the Advocate decides not to act or to cease acting in relation to a petition, the Advocate shall inform the petitioner and any other interested person of the decision and may provide reasons.

17(3)Notwithstanding paragraph (1)(e), the Advocate shall not, due only to a lack of sufficient personal interest on the part of the petitioner, refuse to investigate or review any matter forwarded to the Advocate by the following:

19(1)Before commencing an investigation or review, the Advocate shall inform the administrative head of any authority concerned of the intention to do so.

19(2)An investigation under this Act shall be conducted in private.

19(3)Subject to this Act, the Advocate may hear or obtain information from any person and may make inquiries.

19(4)The Advocate may hold hearings under this Act but, subject to subsections (5) and 25(3), no person shall be entitled as of right to be heard by the Advocate.

19(5)If, during an investigation or review, the Advocate is satisfied that there is prima facie proof that a decision or recommendation made, an act done or omitted or a procedure used with respect to a matter of administration by an authority or an employee of an authority caused a grievance or gave cause for a grievance, the Advocate shall advise the administrative head of the authority or the employee, as the case may be, and shall give the authority or employee an opportunity to be heard.

19(6)A person appearing at a hearing under this section is entitled to be represented by counsel.

19(7)The Advocate may at any time during or after an investigation or review consult any member of the Executive Council who is concerned in the matter.

19(8)On the request of a member of the Executive Council in relation to an investigation or review, or in any case where an investigation or review relates to a recommendation made to a member of the Executive Council, the Advocate shall consult the member after making the investigation or review and before forming a final opinion.

19(9)If, during or after an investigation or review, the Advocate is of the opinion that there is evidence of a breach of duty or misconduct by an authority or an employee of an authority, the Advocate shall refer the matter to the administrative head of the authority.

19(10)For the purposes of this Act, the Advocate may enter upon any premises occupied by an authority and, subject to this section, carry out an investigation or review within the jurisdiction of the Advocate.

19(11)Before entering a premises under subsection (10), the Advocate shall notify the administrative head of the authority of the intention to do so.

19(12)The Advocate shall inform the petitioner in the manner and at the time the Advocate considers appropriate of the result of an investigation or review.

19(13)Subject to this Act and any rules made under subsection 3(5), the Advocate may regulate his or her own procedure.

20(1)The Advocate may summon and examine under oath the following persons:

20(2)The oath referred to in subsection (1) shall be administered by the Advocate.

20(3)The rules for taking evidence in The Court of King’s Bench of New Brunswick apply to evidence given by a person required to provide information, answer questions and produce documents or papers under this Act.

20(4)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.

20(5)Except on the trial of a person for perjury, evidence given by a person in proceedings before the Advocate and evidence of any proceeding before the Advocate is not admissible against any person in a court or other proceeding of a judicial nature.

20(6)No person is liable for an offence under any Act by reason of having complied with a requirement of the Advocate under this Act.

21(1)Notwithstanding any other Act or claim of privilege, and subject to subsection (3), the Advocate has a right to all information and documentation that is necessary to enable the Advocate to perform the duties and exercise the powers under this Act.

21(2)Subject to subsection (3), if the Advocate requests a person to provide information relating to a matter being investigated or reviewed by the Advocate and the Advocate is of the opinion that the person is able to provide the information, the person shall provide the information and produce any documents or papers that, in the opinion of the Advocate, relate to the matter and that may be in the possession or under the control of the person.

21(3)The Advocate does not have a right to the following information or documents:

21(4)Subject to subsection (3), a rule of law that authorizes or requires the following does not apply to an investigation or review by the Advocate:

22(1)The Advocate, employees of the Office of the Child, Youth and Senior Advocate and any person appointed to assist the Advocate 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, unless required to disclose it by law or in furtherance of the Advocate’s mandate under this Act.

22(2)Notwithstanding subsection (1), and subject to subsections (3) and (4), the Advocate may disclose in a report made under this Act those matters which the Advocate considers necessary to disclose in order to establish grounds for his or her conclusions and recommendations.

22(3)A report referred to in subsection (2) shall not disclose the name of, or any identifying information about a child or youth or a parent or guardian of a child or youth unless consent has first been obtained from the child or youth and the parent or guardian.

22(3.1)A report referred to in subsection (2) shall not disclose the name of, or any identifying information about an adult under protection or a senior unless consent has first been obtained from the adult or senior.

22(4)The Advocate, employees of the Office of the Child, Youth and Senior Advocate and any person appointed to assist the Advocate pursuant to a contract for professional services shall not disclose to any person the following information, unless the information is disclosed in accordance with the provisions of the relevant Act:

22(5)Failure by an employee to comply with subsection (1), (3) or (4) is sufficient grounds for dismissal or other disciplinary action as the Advocate considers appropriate.

22(6)For the purposes of this section, an employee of the Office of the Child, Youth and Senior Advocate includes an employee of Ombud New Brunswick that is shared with the Advocate under subsection 11(5).

23(1)If, after conducting an investigation or review of an authority’s services, the Advocate makes a recommendation to the authority, the Advocate may request that the authority notify him or her within a specified period of the steps that the authority has taken or proposes to take to give effect to the recommendation.

23(2)If, after the period specified under subsection (1), the authority does not act upon the recommendation of the Advocate, refuses to act on it or acts in a manner unsatisfactory to the Advocate, the Advocate may send a report respecting the recommendation to the Lieutenant-Governor in Council and, after doing so, may report on the matter to the Legislative Assembly.

23(3)The Advocate shall include in a report made under subsection (2) a copy of any response provided by the authority respecting the Advocate’s recommendation.

23(4)If the Advocate makes a recommendation under subsection (1) and the authority does not act on the recommendation to the Advocate’s satisfaction, the Advocate shall inform the petitioner of the recommendation and may include any additional comments.

25(1)The Advocate shall report annually to the Legislative Assembly on the exercise of his or her functions and duties under this Act.

25(2)In the interest of children, youths, adults under protection and seniors, the public, an authority or any other person, the Advocate may publish a report relating generally to the exercise and performance of the Advocate’s functions and duties under this Act or to a particular case investigated by the Advocate, regardless of whether the matter to be dealt with in the report has been the subject of an annual report made to the Legislative Assembly under subsection (1).

25(3)In a report made by the Advocate under this Act, the Advocate shall not make any finding or comment that is adverse to any person unless the person has been given an opportunity to be heard.

26(1)No proceedings lie against the Advocate or any person holding any office or appointment under the Advocate for anything he or she may do, report or say in the course of the exercise or the intended exercise of a function or duty under this Act, unless it is shown that he or she acted in bad faith.

26(2)The Advocate or any person holding any office or appointment under the Advocate shall not be called to give evidence in any court or in any proceedings of a judicial nature in respect of anything coming to his or her knowledge in the exercise of a function or duty under this Act whether or not that function or duty was within his or her jurisdiction.