Acts and Regulations

O-5 - Ombud Act

Section 19.2
Disposition versions

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Confidentiality of information
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.
19.2(3)The Ombud, employees of Ombud New Brunswick and any person appointed to assist the Ombud 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:
(a) information that would identify a person who makes a report under section 31.1 of the Education Act;
(b) information in a record maintained with respect to a pupil that is inaccessible pursuant to subsection 54(3) of the Education Act;
(c) information that would identify a person who gives information under subsection 35.1(1) of the Family Services Act;
(c.1) information that would identify a person who gives information under section 35 of the Child and Youth Well-Being Act;
(d) information protected by Part 7 of the Child and Youth Well-Being Act;
(d.1) information protected from disclosure by section 6 of the Health Quality and Patient Safety Act;
(e) information protected from disclosure by section 16.1 of the Mental Health Act;
(e.1) information protected from disclosure by section 42.71 of the Coroners Act;
(f) information that if disclosed would, in the opinion of the Minister who holds the information, be detrimental to the well-being, security, health or care of any person;
(g) information that would identify a person without the person’s consent; and
(h) information that the Ombud does not have a right of access to under section 19.1.
19.2(4)Failure by an employee to comply with subsection (1) or (3) is sufficient grounds for dismissal or other disciplinary action as the Ombud considers appropriate.
19.2(5)For the purposes of this section, an employee of Ombud New Brunswick includes an employee of the Office of the Child and Youth Advocate that is shared with the Ombud under subsection 8(3).
2007, c.56, s.10; 2016, c.21, s.12; 2016, c.54, s.15; 2017, c.1, s.3; 2017, c.14, s.4; 2017, c.29, s.12; 2019, c.19, s.4; 2020, c.27, s.7; 2023, c.36, s.26
Confidentiality of information
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.
19.2(3)The Ombud, employees of Ombud New Brunswick and any person appointed to assist the Ombud 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:
(a) information that would identify a person who makes a report under section 31.1 of the Education Act;
(b) information in a record maintained with respect to a pupil that is inaccessible pursuant to subsection 54(3) of the Education Act;
(c) information that would identify a person who gives information under section 30 or subsection 35.1(1) of the Family Services Act;
(d) information protected by Part V.I of the Family Services Act;
(d.1) information protected from disclosure by section 6 of the Health Quality and Patient Safety Act;
(e) information protected from disclosure by section 16.1 of the Mental Health Act;
(e.1) information protected from disclosure by section 42.71 of the Coroners Act;
(f) information that if disclosed would, in the opinion of the Minister who holds the information, be detrimental to the well-being, security, health or care of any person;
(g) information that would identify a person without the person’s consent; and
(h) information that the Ombud does not have a right of access to under section 19.1.
19.2(4)Failure by an employee to comply with subsection (1) or (3) is sufficient grounds for dismissal or other disciplinary action as the Ombud considers appropriate.
19.2(5)For the purposes of this section, an employee of Ombud New Brunswick includes an employee of the Office of the Child and Youth Advocate that is shared with the Ombud under subsection 8(3).
2007, c.56, s.10; 2016, c.21, s.12; 2016, c.54, s.15; 2017, c.1, s.3; 2017, c.14, s.4; 2017, c.29, s.12; 2019, c.19, s.4; 2020, c.27, s.7
Confidentiality of information
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.
19.2(3)The Ombud, employees of Ombud New Brunswick and any person appointed to assist the Ombud 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:
(a) information that would identify a person who makes a report under section 31.1 of the Education Act;
(b) information in a record maintained with respect to a pupil that is inaccessible pursuant to subsection 54(3) of the Education Act;
(c) information that would identify a person who gives information under section 30 or subsection 35.1(1) of the Family Services Act;
(d) information protected by Part V.I of the Family Services Act;
(d.1) information protected from disclosure by section 6 of the Health Quality and Patient Safety Act;
(e) information protected from disclosure by section 16.1 of the Mental Health Act;
(f) information that if disclosed would, in the opinion of the Minister who holds the information, be detrimental to the well-being, security, health or care of any person;
(g) information that would identify a person without the person’s consent; and
(h) information that the Ombud does not have a right of access to under section 19.1.
19.2(4)Failure by an employee to comply with subsection (1) or (3) is sufficient grounds for dismissal or other disciplinary action as the Ombud considers appropriate.
19.2(5)For the purposes of this section, an employee of Ombud New Brunswick includes an employee of the Office of the Child and Youth Advocate that is shared with the Ombud under subsection 8(3).
2007, c.56, s.10; 2016, c.21, s.12; 2016, c.54, s.15; 2017, c.1, s.3; 2017, c.14, s.4; 2017, c.29, s.12; 2019, c.19, s.4
Confidentiality of information
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, unless required to disclose it by law or in furtherance of the Ombud’s mandate under this Act.
19.2(2)Notwithstanding subsection (1), and subject to subsection (3), the Ombud may disclose in a report made under this Act those matters which the Ombud considers necessary to disclose in order to establish grounds for his or her conclusions and recommendations.
19.2(3)The Ombud, employees of Ombud New Brunswick and any person appointed to assist the Ombud 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:
(a) information that would identify a person who makes a report under section 31.1 of the Education Act;
(b) information in a record maintained with respect to a pupil that is inaccessible pursuant to subsection 54(3) of the Education Act;
(c) information that would identify a person who gives information under section 30 or subsection 35.1(1) of the Family Services Act;
(d) information protected by Part V.I of the Family Services Act;
(d.1) information protected from disclosure by section 6 of the Health Quality and Patient Safety Act;
(e) information protected from disclosure by section 16.1 of the Mental Health Act;
(f) information that if disclosed would, in the opinion of the Minister who holds the information, be detrimental to the well-being, security, health or care of any person;
(g) information that would identify a person without the person’s consent; and
(h) information that the Ombud does not have a right of access to under section 19.1.
19.2(4)Failure by an employee to comply with subsection (1) or (3) is sufficient grounds for dismissal or other disciplinary action as the Ombud considers appropriate.
19.2(5)For the purposes of this section, an employee of Ombud New Brunswick includes an employee of the Office of the Child and Youth Advocate that is shared with the Ombud under subsection 8(3).
2007, c.56, s.10; 2016, c.21, s.12; 2016, c.54, s.15; 2017, c.1, s.3; 2017, c.14, s.4; 2017, c.29, s.12
Confidentiality of information
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, unless required to disclose it by law or in furtherance of the Ombud’s mandate under this Act.
19.2(2)Notwithstanding subsection (1), and subject to subsection (3), the Ombud may disclose in a report made under this Act those matters which the Ombud considers necessary to disclose in order to establish grounds for his or her conclusions and recommendations.
19.2(3)The Ombud, employees of Ombud New Brunswick and any person appointed to assist the Ombud 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:
(a) information that would identify a person who makes a report under section 31.1 of the Education Act;
(b) information in a record maintained with respect to a pupil that is inaccessible pursuant to subsection 54(3) of the Education Act;
(c) information that would identify a person who gives information under section 30 or subsection 35.1(1) of the Family Services Act;
(d) information protected by Part V.I of the Family Services Act;
(e) information protected from disclosure by section 16.1 of the Mental Health Act;
(f) information that if disclosed would, in the opinion of the Minister who holds the information, be detrimental to the well-being, security, health or care of any person;
(g) information that would identify a person without the person’s consent; and
(h) information that the Ombud does not have a right of access to under section 19.1.
19.2(4)Failure by an employee to comply with subsection (1) or (3) is sufficient grounds for dismissal or other disciplinary action as the Ombud considers appropriate.
19.2(5)For the purposes of this section, an employee of Ombud New Brunswick includes an employee of the Office of the Child and Youth Advocate that is shared with the Ombud under subsection 8(3).
2007, c.56, s.10; 2016, c.54, s.15; 2017, c.1, s.3; 2017, c.14, s.4; 2017, c.29, s.12
Confidentiality of information
19.2(1)The Ombudsman, employees of the Office of the Ombudsman and any person appointed to assist the Ombudsman 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 Ombudsman’s mandate under this Act.
19.2(2)Notwithstanding subsection (1), and subject to subsection (3), the Ombudsman may disclose in a report made under this Act those matters which the Ombudsman considers necessary to disclose in order to establish grounds for his or her conclusions and recommendations.
19.2(3)The Ombudsman, employees of the Office of the Ombudsman and any person appointed to assist the Ombudsman 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:
(a) information that would identify a person who makes a report under section 31.1 of the Education Act;
(b) information in a record maintained with respect to a pupil that is inaccessible pursuant to subsection 54(3) of the Education Act;
(c) information that would identify a person who gives information under section 30 or subsection 35.1(1) of the Family Services Act;
(d) information protected by Part V.I of the Family Services Act;
(e) information protected from disclosure by section 16.1 of the Mental Health Act;
(f) information that if disclosed would, in the opinion of the Minister who holds the information, be detrimental to the well-being, security, health or care of any person;
(g) information that would identify a person without the person’s consent; and
(h) information that the Ombudsman does not have a right of access to under section 19.1.
19.2(4)Failure by an employee to comply with subsection (1) or (3) is sufficient grounds for dismissal or other disciplinary action as the Ombudsman considers appropriate.
19.2(5)For the purposes of this section, an employee of the Office of the Ombudsman includes an employee of the Office of the Child, Youth and Senior Advocate that is shared with the Ombudsman under subsection 8(3).
2007, c.56, s.10; 2016, c.54, s.15; 2017, c.14, s.4; 2017, c.29, s.12
Confidentiality of information
19.2(1)The Ombudsman, employees of the Office of the Ombudsman and any person appointed to assist the Ombudsman 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 Ombudsman’s mandate under this Act.
19.2(2)Notwithstanding subsection (1), and subject to subsection (3), the Ombudsman may disclose in a report made under this Act those matters which the Ombudsman considers necessary to disclose in order to establish grounds for his or her conclusions and recommendations.
19.2(3)The Ombudsman, employees of the Office of the Ombudsman and any person appointed to assist the Ombudsman 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:
(a) information that would identify a person who makes a report under section 31.1 of the Education Act;
(b) information in a record maintained with respect to a pupil that is inaccessible pursuant to subsection 54(3) of the Education Act;
(c) information that would identify a person who gives information under section 30 or subsection 35.1(1) of the Family Services Act;
(d) information protected by Part V.I of the Family Services Act;
(e) information protected from disclosure by section 16.1 of the Mental Health Act;
(f) information that if disclosed would, in the opinion of the Minister who holds the information, be detrimental to the well-being, security, health or care of any person;
(g) information that would identify a person without the person’s consent; and
(h) information that the Ombudsman does not have a right of access to under section 19.1.
19.2(4)Failure by an employee to comply with subsection (1) or (3) is sufficient grounds for dismissal or other disciplinary action as the Ombudsman considers appropriate.
19.2(5)For the purposes of this section, an employee of the Office of the Ombudsman includes an employee of the Office of the Child and Youth Advocate that is shared with the Ombudsman under subsection 8(3).
2007, c.56, s.10; 2017, c.14, s.4; 2017, c.29, s.12
Confidentiality of information
19.2(1)The Ombudsman, employees of the Office of the Ombudsman and any person appointed to assist the Ombudsman 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 Ombudsman’s mandate under this Act.
19.2(2)Notwithstanding subsection (1), and subject to subsection (3), the Ombudsman may disclose in a report made under this Act those matters which the Ombudsman considers necessary to disclose in order to establish grounds for his or her conclusions and recommendations.
19.2(3)The Ombudsman, employees of the Office of the Ombudsman and any person appointed to assist the Ombudsman 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:
(a) information that would identify a person who makes a report under section 31.1 of the Education Act;
(b) information in a record maintained with respect to a pupil that is inaccessible pursuant to subsection 54(3) of the Education Act;
(c) information that would identify a person who gives information under section 30 or subsection 35.1(1) of the Family Services Act;
(d) information protected by Part V.I of the Family Services Act;
(e) information protected from disclosure by section 16.1 or 17 of the Mental Health Act;
(f) information that if disclosed would, in the opinion of the Minister who holds the information, be detrimental to the well-being, security, health or care of any person;
(g) information that would identify a person without the person’s consent; and
(h) information that the Ombudsman does not have a right of access to under section 19.1.
19.2(4)Failure by an employee to comply with subsection (1) or (3) is sufficient grounds for dismissal or other disciplinary action as the Ombudsman considers appropriate.
19.2(5)For the purposes of this section, an employee of the Office of the Ombudsman includes an employee of the Office of the Child and Youth Advocate that is shared with the Ombudsman under subsection 8(3).
2007, c.56, s.10; 2017, c.14, s.4
Confidentiality of information
19.2(1)The Ombudsman, employees of the Office of the Ombudsman and any person appointed to assist the Ombudsman 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 Ombudsman’s mandate under this Act.
19.2(2)Notwithstanding subsection (1), and subject to subsection (3), the Ombudsman may disclose in a report made under this Act those matters which the Ombudsman considers necessary to disclose in order to establish grounds for his or her conclusions and recommendations.
19.2(3)The Ombudsman, employees of the Office of the Ombudsman and any person appointed to assist the Ombudsman 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:
(a) information that would identify a person who makes a report under section 31.1 of the Education Act;
(b) information in a record maintained with respect to a pupil that is inaccessible pursuant to subsection 54(3) of the Education Act;
(c) information that would identify a person who gives information under section 30 or subsection 35.1(1) of the Family Services Act;
(d) information protected by section 91 of the Family Services Act;
(e) information protected from disclosure by section 16.1 or 17 of the Mental Health Act;
(f) information that if disclosed would, in the opinion of the Minister who holds the information, be detrimental to the well-being, security, health or care of any person;
(g) information that would identify a person without the person’s consent; and
(h) information that the Ombudsman does not have a right of access to under section 19.1.
19.2(4)Failure by an employee to comply with subsection (1) or (3) is sufficient grounds for dismissal or other disciplinary action as the Ombudsman considers appropriate.
19.2(5)For the purposes of this section, an employee of the Office of the Ombudsman includes an employee of the Office of the Child and Youth Advocate that is shared with the Ombudsman under subsection 8(3).
2007, c.56, s.10
Confidentiality of information
19.2(1)The Ombudsman, employees of the Office of the Ombudsman and any person appointed to assist the Ombudsman 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 Ombudsman’s mandate under this Act.
19.2(2)Notwithstanding subsection (1), and subject to subsection (3), the Ombudsman may disclose in a report made under this Act those matters which the Ombudsman considers necessary to disclose in order to establish grounds for his or her conclusions and recommendations.
19.2(3)The Ombudsman, employees of the Office of the Ombudsman and any person appointed to assist the Ombudsman 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:
(a) information that would identify a person who makes a report under section 31.1 of the Education Act;
(b) information in a record maintained with respect to a pupil that is inaccessible pursuant to subsection 54(3) of the Education Act;
(c) information that would identify a person who gives information under section 30 or subsection 35.1(1) of the Family Services Act;
(d) information protected by section 91 of the Family Services Act;
(e) information protected from disclosure by section 16.1 or 17 of the Mental Health Act;
(f) information that if disclosed would, in the opinion of the Minister who holds the information, be detrimental to the well-being, security, health or care of any person;
(g) information that would identify a person without the person’s consent; and
(h) information that the Ombudsman does not have a right of access to under section 19.1.
19.2(4)Failure by an employee to comply with subsection (1) or (3) is sufficient grounds for dismissal or other disciplinary action as the Ombudsman considers appropriate.
19.2(5)For the purposes of this section, an employee of the Office of the Ombudsman includes an employee of the Office of the Child and Youth Advocate that is shared with the Ombudsman under subsection 8(3).
2007, c.56, s.10