Acts and Regulations

R-10.6 - Right to Information and Protection of Privacy Act

Section 55
Disposition versions

Full text
Removal or suspension of Commissioner
Repealed: 2016, c.53, s.27
2016, c.53, s.27
55Repealed: 2016, c.53, s.27
2013, c.1, s.8; 2016, c.53, s.27
Removal or suspension of Commissioner
55(1)The Commissioner 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.
55(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 Commissioner, with or without pay, pending an investigation which may lead to removal under subsection (1).
55(3)If the Legislature is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, upon an application by the Lieutenant-Governor in Council, suspend the Commissioner, with or without pay, for incapacity, neglect of duty or misconduct.
55(4)If the Lieutenant-Governor in Council makes an application under subsection (3), the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.
55(5)If a judge of The Court of Queen’s Bench of New Brunswick suspends the Commissioner under subsection (3), the judge shall do the following:
(a) appoint an acting Commissioner to hold office until the suspension has been dealt with by the Legislative Assembly; and
(b) table a report on the suspension with the Legislative Assembly within 10 days after the commencement of the next session of the Legislature.
55(6)No suspension under subsection (3) shall continue beyond the end of the next session of the Legislature.
55(7)Any disclosure by the Commissioner of information which the Commissioner is required to keep confidential under this Act shall be grounds for removal from office.
55(8)An appointment under subsection (5) shall not impede a person’s subsequent appointment under section 49.
2013, c.1, s.8
Removal or suspension of Commissioner
55(1)The Commissioner 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.
55(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 Commissioner, with or without pay, pending an investigation which may lead to removal under subsection (1).
55(3)If the Legislature is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, upon an application by the Lieutenant-Governor in Council, suspend the Commissioner, with or without pay, for incapacity, neglect of duty or misconduct.
55(4)If the Lieutenant-Governor in Council makes an application under subsection (3), the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.
55(5)If a judge of The Court of Queen’s Bench of New Brunswick suspends the Commissioner under subsection (3), the judge shall do the following:
(a) appoint an acting Commissioner to hold office until the suspension has been dealt with by the Legislative Assembly; and
(b) table a report on the suspension with the Legislative Assembly within 10 days after the commencement of the next session of the Legislature.
55(6)No suspension under subsection (3) shall continue beyond the end of the next session of the Legislature.
55(7)Any disclosure by the Commissioner of information which the Commissioner is required to keep confidential under this Act shall be grounds for removal from office.
Removal or suspension of Commissioner
55(1)The Commissioner 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.
55(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 Commissioner, with or without pay, pending an investigation which may lead to removal under subsection (1).
55(3)If the Legislature is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, upon an application by the Lieutenant-Governor in Council, suspend the Commissioner, with or without pay, for incapacity, neglect of duty or misconduct.
55(4)If the Lieutenant-Governor in Council makes an application under subsection (3), the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.
55(5)If a judge of The Court of Queen’s Bench of New Brunswick suspends the Commissioner under subsection (3), the judge shall do the following:
(a) appoint an acting Commissioner to hold office until the suspension has been dealt with by the Legislative Assembly; and
(b) table a report on the suspension with the Legislative Assembly within 10 days after the commencement of the next session of the Legislature.
55(6)No suspension under subsection (3) shall continue beyond the end of the next session of the Legislature.
55(7)Any disclosure by the Commissioner of information which the Commissioner is required to keep confidential under this Act shall be grounds for removal from office.