2(1)There shall be an Ombudsman appointed by the Lieutenant-Governor in Council on the recommendation of the Legislative Assembly.
Tenure and reappointment of Ombudsman
2(2)Unless his office sooner becomes vacant, the Ombudsman holds office for ten years
(a)
from the date of his appointment under subsection (1), or
(b)
from the date of his appointment under section 4,
and if otherwise qualified, is eligible to be reappointed.
2(3)The Ombudsman may resign his 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 New Brunswick, to the Clerk of the Legislative Assembly.
2(4)An Ombudsman whose first appointment takes effect on or after the commencement of this subsection receives the same salary as a judge of the Provincial Court.
Pension and benefits of Ombudsman
2(5)An Ombudsman whose first appointment takes effect on or after the commencement of this subsection is entitled to receive,
(a)
if the Ombudsman holds office for at least two years and becomes afflicted with some permanent infirmity disabling the Ombudsman from the due execution of the Ombudsman’s office and resigns or by reason of such infirmity is removed from office,
(b)
at the age of sixty-five, if the Ombudsman holds office for at least ten years but ceases to hold office before or upon reaching the age of sixty-five, or
(c)
at the time the Ombudsman ceases to hold office, if the Ombudsman holds office for at least ten years but does not cease to hold office until after the Ombudsman reaches the age of sixty-five,
the pension and benefits of a judge of the Provincial Court.
Entitlement of surviving spouse to pension and benefits
2(6)Where an Ombudsman whose first appointment takes effect on or after the commencement of this subsection
(a)
held office for at least two years immediately before the Ombudsman’s death, or
(b)
immediately before the Ombudsman’s death was entitled to receive or was receiving a pension and benefits, or would have been entitled to receive upon reaching the age of sixty-five a pension and benefits under paragraph (5)(b),
the surviving spouse is entitled to receive the same pension and benefits as the surviving spouse of a judge of the Provincial Court, but where an Ombudsman dies before commencing to receive the pension and benefits which the Ombudsman would have been entitled to receive under paragraph 5(b) upon reaching the age of sixty-five, the surviving spouse is not entitled to commence receiving such pension and benefits until the time at which the Ombudsman would have received the pension and benefits had the Ombudsman lived.
Entitlement of children’s guardian to pension and benefits
2(7)Where an Ombudsman whose first appointment takes effect on or after the commencement of this subsection dies
(a)
leaving a child or children under the age of eighteen years and no surviving spouse, or
(b)
leaving a child or children under the age of eighteen years and a surviving spouse who dies before such child or children have reached the age of eighteen years,
and the surviving spouse would have been entitled to receive a pension and benefits if the surviving spouse were alive, the guardian of the child or children is entitled to receive, at such time as the surviving spouse would have been so entitled, for the maintenance and education of the child or children, until the child or children reach the age of eighteen years, the same pension and benefits to which the guardian of a child or children of a judge of the Provincial Court would have been entitled to receive.
Ombudsman to pay into fund
2(8)An Ombudsman whose first appointment takes effect on or after the commencement of this subsection shall, for the purposes of the pension and benefits referred to in subsections (5), (6) and (7), pay, into the same fund into which a judge of the Provincial Court is required to pay, the same amount that is required to be paid into that fund by a judge of the Provincial Court.
Application of sections 15 to 17 of
Provincial Court Act
2(9)Except where they are inconsistent with the provisions of this Act, sections 15 to 17 of the
Provincial Court Act apply, with the necessary modifications, to all matters related to the pension and benefits to which an Ombudsman or the surviving spouse or child or children are entitled, including, without limiting the generality of the foregoing, the amount of the contributions to be made by an Ombudsman, the pension and benefits to which an Ombudsman or the surviving spouse or child or children of an Ombudsman are entitled and the amount, time and manner of payment of such pension and benefits, the circumstances in which an Ombudsman or the surviving spouse or child or children of the Ombudsman are entitled to receive such pension and benefits and the circumstances in which an Ombudsman is entitled to a return of contributions made and the amount to be returned.
Application of
Public Service Superannuation Act
2(10)Notwithstanding subsections (5) to (9),
(a)
subsections (5) to (9) apply only to an Ombudsman whose first appointment takes place on or after June 23, 1988 and to whom the
Provincial Court Act applied immediately before that appointment, and
(b)
the
Public Service Superannuation Act applies to an Ombudsman whose first appointment takes place on or after June 23, 1988 and to whom the
Provincial Court Act did not apply immediately before that appointment.
Application of
Public Service Superannuation Act
2(11)An Ombudsman to whom the
Public Service Superannuation Act applies under paragraph (10)(b)
(a)
shall contribute to the Superannuation Account in accordance with the
Public Service Superannuation Act, and
(b)
shall be deemed to be a contributor and a deputy head for the purposes of that Act.
1967, c.18, s.2; 1979, c.41, s.90; 1988, c.31, s.1; 1994, c.89, s.10