2012-c.112 — Public Interest Disclosure Act

s. 1 — Definitions

The following definitions apply in this Act. 2007, c.P-23.005, s.1; 2011, c.11, s.1; 2017, c.1, s.8

s. 1 — board

“Board” means the Labour and Employment Board established under the Labour and Employment Board Act.(Commission)

s. 1 — chief-executive

“chief executive” means(chef administratif)

s. 1(a) — Definitions

(a) subject to paragraph (b), the deputy head or chief executive officer of any portion of the public service, or the person who occupies any other similar position, however called, in any portion of the public service, and

s. 1(b) — Definitions

(b) in relation to a school district, the superintendent of the school district.

s. 1 — designated-officer

“designated officer” means the senior official designated under section 7 to receive and deal with disclosures under this Act.(fonctionnaire désigné)

s. 1 — disclosure

“disclosure” means a disclosure made in good faith by an employee in accordance with this Act.(divulgation)

s. 1 — employee

“employee” means a person employed in the public service.(employé)

s. 1 — employer

“employer” means an employer as defined in the Public Service Labour Relations Act.(employeur)

s. 1 — ombud

“Ombud” means the Ombud appointed under the Ombud Act.(ombud)

s. 1 — public-service

“public service” means the several portions of the public service of the Province specified from time to time in Part 1, Part 2, Part 3 or Part 4 of the First Schedule of the Public Service Labour Relations Act.(services publics)

s. 1 — reprisal

“reprisal” means any of the following measures taken against an employee because the employee has, in good faith, sought advice about making a disclosure, made a disclosure, or cooperated in an investigation under this Act: (représailles)

s. 1(a) — Definitions

(a) a disciplinary measure;

s. 1(b) — Definitions

(b) a demotion;

s. 1(c) — Definitions

(c) termination of employment;

s. 1(d) — Definitions

(d) any measure that adversely affects his or her employment or working conditions;

s. 1(e) — Definitions

(e) a threat to take any of the measures referred to in paragraphs (a) to (d).

s. 1 — wrongdoing

“wrongdoing” means a wrongdoing referred to in section 3.(acte répréhensible)

s. 2 — Purpose of Act

The purpose of this Act is 2007, c.P-23.005, s.2

s. 2(a) — Purpose of Act

(a) to facilitate the disclosure and investigation of significant and serious matters in or relating to the public service that are potentially unlawful, dangerous to the public or injurious to the public interest, and

s. 2(b) — Purpose of Act

(b) to protect persons who make those disclosures.

s. 3 — Wrongdoings to which this Act applies

This Act applies to the following wrongdoings in or relating to the public service: 2007, c.P-23.005, s.3

s. 3(a) — Wrongdoings to which this Act applies

(a) an act or omission constituting an offence under an Act of the Legislature or the Parliament of Canada, or a regulation made under an Act;

s. 3(b) — Wrongdoings to which this Act applies

(b) an act or omission that creates a substantial and specific danger to the life, health or safety of persons, or to the environment, other than a danger that is inherent in the performance of the duties or functions of an employee;

s. 3(c) — Wrongdoings to which this Act applies

(c) gross mismanagement, including of public funds or a public asset; and

s. 3(d) — Wrongdoings to which this Act applies

(d) knowingly directing or counselling a person to commit a wrongdoing described in paragraphs (a) to (c).

s. 4 — Discipline for wrongdoing

An employee who commits a wrongdoing is subject to appropriate disciplinary action, including termination of employment, in addition to and apart from any other sanction provided for by law. 2007, c.P-23.005, s.4

s. 5 — Disclosures - frivolous, vexatious, bad faith

An employee who makes a disclosure of a wrongdoing, if the disclosure is frivolous, vexatious or in bad faith is subject to appropriate disciplinary action, including termination of employment, in addition to and apart from any other sanction provided for by law. 2007, c.P-23.005, s.5

s. 6 — Procedures to manage disclosures

2007, c.P-23.005, s.6

s. 6(1) — Procedures to manage disclosures

Every chief executive shall establish procedures to manage disclosures by employees of that portion of the public service for which the chief executive is responsible.

s. 6(2) — Procedures to manage disclosures

The procedures established under subsection (1) shall include procedures

s. 6(2)(a) — Procedures to manage disclosures

(a) for receiving and reviewing disclosures, including setting time periods for action,

s. 6(2)(b) — Procedures to manage disclosures

(b) for investigating disclosures in accordance with the principles of procedural fairness and natural justice,

s. 6(2)(c) — Procedures to manage disclosures

(c) respecting the confidentiality of information collected in relation to disclosures and investigations,

s. 6(2)(d) — Procedures to manage disclosures

(d) for reporting the outcomes of investigations, and

s. 6(2)(e) — Procedures to manage disclosures

(e) respecting any other matter specified in the regulations.

s. 6(3) — Procedures to manage disclosures

This section applies to claims of wrongdoing that are referred to a chief executive under section 23, with the necessary modifications.

s. 7 — Designated officer

Every chief executive shall designate a senior official to be the designated officer for the purposes of this Act, to receive and deal with disclosures by employees in that portion of the public service for which the chief executive is responsible. 2007, c.P-23.005, s.7

s. 8 — Exception

2007, c.P-23.005, s.8; 2011, c.11, s.2; 2017, c.1, s.8

s. 8(1) — Exception

Sections 6 and 7 do not apply to a chief executive who determines in consultation with the Ombud that it is not practical to apply those sections given the size of the portion of the public service for which the chief executive is responsible.

s. 8(2) — Exception

If no designation is made under section 7, the chief executive is the designated officer for the purposes of this Act.

s. 9 — Information about Act to be communicated

The chief executive shall ensure that information about this Act and the disclosure procedures is widely communicated to the employees of the portion of the public service for which the chief executive is responsible. 2007, c.P-23.005, s.9

s. 10 — Advice on disclosure

2007, c.P-23.005, s.10; 2011, c.11, s.3; 2017, c.1, s.8

s. 10(1) — Advice on disclosure

An employee who is considering making a disclosure may request advice from the designated officer or the Ombud.

s. 10(2) — Advice on disclosure

The designated officer or Ombud may require the request for advice to be in writing.

s. 11 — Disclosure by employee

If an employee reasonably believes that he or she has information that could show that a wrongdoing has been committed or is about to be committed, the employee may make a disclosure to 2007, c.P-23.005, s.11; 2011, c.11, s.4; 2017, c.1, s.8

s. 11(a) — Disclosure by employee

(a) the employee’s supervisor,

s. 11(b) — Disclosure by employee

(b) the employee’s designated officer, or

s. 11(c) — Disclosure by employee

(c) the Ombud.

s. 12 — Content of disclosure

A disclosure made under section 11 shall be in writing and signed by the employee and shall include the following information, if known: 2007, c.P-23.005, s.12

s. 12(a) — Content of disclosure

(a) a description of the wrongdoing;

s. 12(b) — Content of disclosure

(b) the name of the person or persons alleged to

s. 12(b)(i) — Content of disclosure

(i) have committed the wrongdoing, or

s. 12(b)(ii) — Content of disclosure

(ii) be about to commit the wrongdoing;

s. 12(c) — Content of disclosure

(c) the date of the wrongdoing; and

s. 12(d) — Content of disclosure

(d) whether the wrongdoing has already been disclosed and a response received.

s. 13 — Ombud to facilitate resolution

2017, c.1, s.8When an employee makes a disclosure to the Ombud, the Ombud may take any steps he or she considers necessary to help resolve the matter within the portion of the public service in respect of which the disclosure has been made. 2007, c.P-23.005, s.13; 2011, c.11, s.6; 2017, c.1, s.8

s. 14 — Public disclosure if situation is urgent

2007, c.P-23.005, s.14

s. 14(1) — Public disclosure if situation is urgent

If an employee reasonably believes that a matter constitutes an imminent risk of a substantial and specific danger to the life, health or safety of persons, or to the environment, to the extent that there is insufficient time to make a disclosure under this Act, the employee may make a disclosure to the public

s. 14(1)(a) — Public disclosure if situation is urgent

(a) if the employee has first made the disclosure to an appropriate law enforcement agency or, in the case of a health-related matter, to the chief medical officer of health, and

s. 14(1)(b) — Public disclosure if situation is urgent

(b) subject to any directions that the agency or officer considers necessary in the public interest.

s. 14(2) — Public disclosure if situation is urgent

Immediately after a disclosure is made under subsection (1), the employee shall also make a disclosure about the matter to his or her supervisor or designated officer.

s. 15 — Disclosure despite other Acts

Subject to section 16, an employee may make a disclosure under this Act, even if a provision in another Act or regulation prohibits or restricts disclosure of the information. 2007, c.P-23.005, s.15

s. 16 — When disclosure restrictions continue to apply

2007, c.P-23.005, s.16

s. 16(1) — When disclosure restrictions continue to apply

Nothing in this Act authorizes the disclosure of

s. 16(1)(a) — When disclosure restrictions continue to apply

(a) information or documents that would disclose the deliberations of the Executive Council or a committee of the Executive Council, or the proceedings of any of them,

s. 16(1)(b) — When disclosure restrictions continue to apply

(b) information that is protected by solicitor-client privilege,

s. 16(1)(c) — When disclosure restrictions continue to apply

(c) information that relates to the deliberations or decisions of a Crown prosecutor, or

s. 16(1)(d) — When disclosure restrictions continue to apply

(d) in the case of a disclosure to the public under subsection 14(1), information that is subject to any restriction created by or under an Act of the legislature or the Parliament of Canada, or a regulation made under an Act.

s. 16(2) — When disclosure restrictions continue to apply

If the disclosure involves personal information or confidential information, the employee must take reasonable precautions to ensure that no more information is disclosed than necessary to make the disclosure.

s. 17 — Other obligations to report not affected

Nothing in this Act relating to the making of a disclosure is to be construed as affecting an employee’s obligation under any other Act or regulation to disclose, report or otherwise give notice of any matter. 2007, c.P-23.005, s.17

s. 18 — Report about disclosures

2007, c.P-23.005, s.18; 2011, c.11, s.7; 2017, c.1, s.8

s. 18(1) — Report about disclosures

Each year, a chief executive shall prepare a report of any disclosures of wrongdoing that have been made to a supervisor or designated officer of the portion of the public service for which the chief executive officer is responsible and of any claims referred to the chief executive under section 23.

s. 18(2) — Report about disclosures

The report shall include the following information:

s. 18(2)(a) — Report about disclosures

(a) the number of disclosures received and the number acted on and not acted on;

s. 18(2)(b) — Report about disclosures

(b) the number of investigations commenced as a result of a disclosure;

s. 18(2)(c) — Report about disclosures

(c) the number of claims referred from the Ombud under section 23 and the number acted on or not acted on;

s. 18(2)(d) — Report about disclosures

(d) the number of investigations commenced as a result of the claims; and

s. 18(2)(e) — Report about disclosures

(e) in the case of an investigation that results in a finding of wrongdoing, a description of the wrongdoing and the recommendations or corrective actions taken in relation to the wrongdoing or the reasons why no corrective action was taken.

s. 18(3) — Report about disclosures

The report shall be included in the annual report that is made in respect of that portion of the public service, if an annual report is made publicly available or, if otherwise, the chief executive shall make the report available to the public on request.

s. 19 — Purpose of investigation

The purpose of an investigation into a disclosure of wrongdoing is to bring the wrongdoing to the attention of the appropriate officials in that portion of the public service in respect of which the disclosure is made, and to recommend corrective measures that should be taken. 2007, c.P-23.005, s.19

s. 20 — Investigation by Ombud

2017, c.1, s.82007, c.P-23.005, s.20; 2011, c.11, s.10; 2017, c.1, s.8

s. 20(1) — Investigation by Ombud

The Ombud is responsible for investigating disclosures that he or she receives under this Act.

s. 20(2) — Investigation by Ombud

An investigation is to be conducted as informally and expeditiously as possible.

s. 20(3) — Investigation by Ombud

The Ombud shall ensure that the right to procedural fairness and natural justice of all persons involved in an investigation is respected, including persons making disclosures, witnesses and persons alleged to be responsible for wrongdoings.

s. 20(4) — Investigation by Ombud

The Ombud shall not investigate any decision, recommendation, act or omission of any person acting as a solicitor or crown prosecutor in the public service.

s. 20(5) — Investigation by Ombud

An investigation shall be conducted in private.

s. 21 — When investigation not required

The Ombud is not required to investigate a disclosure, and may cease an investigation, if the Ombud is of the opinion that 2007, c.P-23.005, s.21; 2011, c.11, s.11; 2017, c.1, s.8

s. 21(a) — When investigation not required

(a) the subject matter of the disclosure could more appropriately be dealt with, initially or completely, according to a procedure provided for under another Act,

s. 21(b) — When investigation not required

(b) the disclosure is frivolous or vexatious, or has not been made in good faith or does not deal with a sufficiently serious subject matter,

s. 21(c) — When investigation not required

(c) the disclosure does not provide adequate particulars about the wrongdoing as required by section 12, or

s. 21(d) — When investigation not required

(d) there is another valid reason for not investigating the disclosure.

s. 22 — Investigating other wrongdoings

If, during an investigation, the Ombud has reason to believe that another wrongdoing has been committed, the Ombud may investigate that wrongdoing in accordance with this Act. 2007, c.P-23.005, s.22; 2011, c.11, s.12; 2017, c.1, s.8

s. 23 — Claims of wrongdoing by others

If the Ombud receives a claim of wrongdoing that has been made anonymously or by a person who is not an employee, the Ombud may, in his or her discretion, forward the claim to the chief executive of that portion of the public service in respect of which the claim of wrongdoing is made. 2007, c.P-23.005, s.23; 2011, c.11, s.13; 2017, c.1, s.8

s. 24 — Powers of Ombud

2017, c.1, s.8The Ombud has all the powers, privileges and immunities conferred on a commissioner under the Inquiries Act. 2007, c.P-23.005, s.24; 2011, c.11, s.15; 2017, c.1, s.8

s. 25 — Access to information

2007, c.P-23.005, s. 25; 2011, c.11, s.16; 2017, c.1, s.8

s. 25(1) — Access to information

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

s. 25(2) — Access to information

Subject to subsection (3), if the Ombud requests a person to provide information relating to a matter being investigated by the Ombud and the Ombud 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 Ombud, relate to the matter and that may be in the possession or under the control of the person.

s. 25(3) — Access to information

The Ombud does not have a right to the following information or documents:

s. 25(3)(a) — Access to information

(a) information or documents certified by the Attorney General as disclosing the deliberations of the Executive Council or a committee of the Executive Council, or the proceedings of any of them;

s. 25(3)(b) — Access to information

(b) information protected by a claim of solicitor-client privilege; and

s. 25(3)(c) — Access to information

(c) information that relates to the deliberations or decisions of a Crown prosecutor.

s. 25(4) — Access to information

Subject to subsection (3), a rule of law that authorizes or requires the following does not apply to an investigation by or proceeding before the Ombud:

s. 25(4)(a) — Access to information

(a) the withholding of a document, paper or thing on the ground that disclosure of the document, paper or thing would be injurious to the public interest; or

s. 25(4)(b) — Access to information

(b) the refusal to answer a question on the ground that answering the question would be injurious to the public interest.

s. 26 — Confidentiality of information

2007, c.P-23.005, s. 26; 2011, c.11, s.17; 2017, c.1, s.8

s. 26(1) — Confidentiality of information

The Ombud, employees of Ombud New Brunswick and any person appointed to assist the Ombud under 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.

s. 26(2) — Confidentiality of information

Despite subsection (1), and subject to subsection (3), the Ombud may disclose in a report made under this Act those matters that the Ombud considers necessary to disclose in order to establish grounds for his or her conclusions and recommendations.

s. 26(3) — Confidentiality of information

The Ombud, employees of Ombud New Brunswick and any person appointed to assist the Ombud under a contract for professional services shall not disclose to any person information that would identify a person without the person’s consent.

s. 26(4) — Confidentiality of information

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.

s. 27 — Report regarding investigation

2007, c.P-23.005, s.27; 2011, c.11, s.18; 2017, c.1, s.8

s. 27(1) — Report regarding investigation

On completing an investigation, the Ombud shall prepare a report containing his or her findings and any recommendations about the disclosure and wrongdoing.

s. 27(2) — Report regarding investigation

The Ombud shall give a copy of the report to the employee and the chief executive of the appropriate portion of the public service.

s. 27(3) — Report regarding investigation

When the matter being investigated involves the chief executive, the Ombud shall also give a copy of the report

s. 27(3)(a) — Report regarding investigation

(a) in the case of a department, to the minister responsible,

s. 27(3)(b) — Report regarding investigation

(b) in the case of a Crown corporation, regional health authority, board, commission or other body, to the board of directors and the minister responsible, and

s. 27(3)(c) — Report regarding investigation

(c) in the case of a school district, to the district education council of that school district and to the minister responsible.

s. 28 — Notification of proposed steps

2007, c.P-23.005, s.28; 2011, c.11, s.19; 2017, c.1, s.8

s. 28(1) — Notification of proposed steps

When making recommendations, the Ombud may request the chief executive of the appropriate portion of the public service to notify him or her, within a specified time, of the steps that have been taken or that are proposed to be taken to give effect to the recommendations.

s. 28(2) — Notification of proposed steps

Subsection (1) applies with the necessary modifications to the persons referred to in paragraphs 27(3)(a) to (c) if the matter in respect of which the recommendations have been made relates to the chief executive.

s. 29 — Report to minister or other body

If the Ombud believes that any portion of the public service has not appropriately followed up on his or her recommendations, or did not cooperate in the Ombud’s investigation under this Act, the Ombud may make a report on the matter 2007, c.P-23.005, s.29; 2011, c.11, s.20; 2017, c.1, s.8

s. 29(a) — Report to minister or other body

(a) in the case of a department, to the minister responsible,

s. 29(b) — Report to minister or other body

(b) in the case of a Crown corporation, regional health authority, board, commission or other body, to the board of directors and the minister responsible, and

s. 29(c) — Report to minister or other body

(c) in the case of a school district, to the district education council of that school district and to the minister responsible.

s. 30 — Annual report

2007, c.P-23.005, s.30; 2011, c.11, s.21; 2017, c.1, s.8

s. 30(1) — Annual report

The Ombud shall make an annual report to the Legislative Assembly on the exercise and performance of his or her functions and duties under this Act, setting out

s. 30(1)(a) — Annual report

(a) the number of general inquiries relating to this Act,

s. 30(1)(b) — Annual report

(b) the number of disclosures received and the number acted on and not acted on,

s. 30(1)(c) — Annual report

(c) the number of anonymous claims or claims filed by persons who were not employees, and the number of claims referred under section 23,

s. 30(1)(d) — Annual report

(d) the number of investigations commenced under this Act,

s. 30(1)(e) — Annual report

(e) the number and the substance of the recommendations the Ombud has made and whether there has been compliance with the recommendations,

s. 30(1)(f) — Annual report

(f) whether, in the opinion of the Ombud, there are any systemic problems that give rise to wrongdoings, and

s. 30(1)(g) — Annual report

(g) any recommendations for improvement that the Ombud considers appropriate.

s. 30(2) — Annual report

The report shall be given to the Speaker of the Legislative Assembly, who shall table a copy of it in the Legislative Assembly within 15 days after receiving the report if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.

s. 30(3) — Annual report

If it is in the public interest to do so, the Ombud may publish a special report relating to any matter within the scope of the Ombud’s responsibilities under this Act, including a report referring to and commenting on any particular matter investigated by the Ombud.

s. 31 — Protection of employee from reprisal

No person shall take a reprisal against an employee or direct that one be taken against an employee because the employee has, in good faith, 2007, c.P-23.005, s.31; 2011, c.11, s.22; 2017, c.1, s.8

s. 31(a) — Protection of employee from reprisal

(a) sought advice about making a disclosure from his or her supervisor, designated officer or chief executive, or from the Ombud,

s. 31(b) — Protection of employee from reprisal

(b) made a disclosure, or

s. 31(c) — Protection of employee from reprisal

(c) cooperated in an investigation under this Act.

s. 32 — Allegation of reprisal

2007, c.P-23.005, s.32

s. 32(1) — Allegation of reprisal

An employee or former employee who alleges that a reprisal has been taken against him or her may file a written complaint with the Board.

s. 32(2) — Allegation of reprisal

The Board may refuse to accept the complaint if, in the opinion of the Board,

s. 32(2)(a) — Allegation of reprisal

(a) the complainant has unduly delayed in filing the complaint after the occurrence, or last occurrence, of the alleged reprisal, or

s. 32(2)(b) — Allegation of reprisal

(b) the complaint is without merit or beyond the jurisdiction of the Board.

s. 32(3) — Allegation of reprisal

When the Board accepts a complaint filed under this section, the Board shall refer the complaint to be dealt with by an adjudicator appointed by the Board.

s. 33 — Further information

The Board may, on its own motion or at the request of a party, direct that the information in any complaint filed under section 32 or reply filed under section 34 be made more complete or specific and, if the party so directed fails to comply with the direction within the time that the Board may determine, the Board may strike out from the complaint or reply, the information or so much of it that it considers to be incomplete or insufficiently specific. 2007, c.P-23.005, s.33

s. 34 — Service of complaint and reply

2007, c.P-23.005, s.34

s. 34(1) — Service of complaint and reply

The Secretary of the Board shall serve a copy of the complaint on the employer who is alleged to have taken the reprisal within seven days after receiving a complaint.

s. 34(2) — Service of complaint and reply

An employer who is served with a copy of a written complaint under subsection (1) shall send a reply to the Board not later than ten days after the employer was served with the copy of the complaint.

s. 34(3) — Service of complaint and reply

When the Board appoints an adjudicator, the Secretary of the Board shall send to the adjudicator a copy of the complaint and a copy of the reply as soon as practicable.

s. 34(4) — Service of complaint and reply

The Chair of the Board may, on application, extend the period of time for filing a reply under subsection (2), whether the application is made before or after the expiry of the time referred to in that subsection.

s. 35 — Representation of complainant

If an employee or former employee has stated in a complaint filed under section 32 that he or she wishes to be assisted or represented by another person in the presentation of the complaint, the adjudicator shall serve on the person named by the employee or former employee 2007, c.P-23.005, s.35

s. 35(a) — Representation of complainant

(a) a copy of any reply filed under section 34, and

s. 35(b) — Representation of complainant

(b) a notice of the hearing.

s. 36 — Notice of hearing

The adjudicator shall serve on the complainant and the employer a notice of hearing within 30 days after his or her appointment by the Board. 2007, c.P-23.005, s.36

s. 37 — Adjudication

2007, c.P-23.005, s.37

s. 37(1) — Adjudication

An adjudicator shall give full opportunity to both parties to the complaint to present evidence and make representations at the hearing.

s. 37(2) — Adjudication

An adjudicator has, in relation to the hearing or determination of any complaint that the adjudicator may hear or determine, all of the powers, privileges and immunities conferred on commissioners under the Inquiries Act.

s. 38 — Decision of adjudicator

2007, c.P-23.005, s.38

s. 38(1) — Decision of adjudicator

The decision of an adjudicator shall contain

s. 38(1)(a) — Decision of adjudicator

(a) a summary statement of the complaint,

s. 38(1)(b) — Decision of adjudicator

(b) a summary of the representations of the parties,

s. 38(1)(c) — Decision of adjudicator

(c) the decision of the complaint, and

s. 38(1)(d) — Decision of adjudicator

(d) the reasons for the decision.

s. 38(2) — Decision of adjudicator

A decision made by an adjudicator shall be signed by the adjudicator and rendered within 30 days after a hearing unless the parties agree to an extension or the time is extended by the Chair of the Board.

s. 39 — Order of adjudicator

2007, c.P-23.005, s.39

s. 39(1) — Order of adjudicator

If at the conclusion of a hearing the adjudicator finds that a reprisal has occurred, he or she may order the employer

s. 39(1)(a) — Order of adjudicator

(a) to cease an activity that constitutes the reprisal,

s. 39(1)(b) — Order of adjudicator

(b) to rectify any harm caused by the reprisal,

s. 39(1)(c) — Order of adjudicator

(c) to restore a complainant adversely affected by the reprisal to the position he or she would have been in, but for the reprisal,

s. 39(1)(d) — Order of adjudicator

(d) to reinstate a complainant who has been removed from a position of employment,

s. 39(1)(e) — Order of adjudicator

(e) to compensate a complainant adversely affected by the reprisal for any consequent expenditure, financial loss or deprivation of benefit in the amount that the adjudicator considers just and appropriate, and

s. 39(1)(f) — Order of adjudicator

(f) to do or refrain from doing anything in order to remedy any consequence of the reprisal.

s. 39(2) — Order of adjudicator

The adjudicator shall

s. 39(2)(a) — Order of adjudicator

(a) send a copy of the decision to each party and his or her representative, and

s. 39(2)(b) — Order of adjudicator

(b) deposit a copy of the decision with the Board.

s. 39(3) — Order of adjudicator

If a decision on any complaint referred to adjudication requires any action by or on the part of the employer, the employer shall take the action.

s. 40 — Expenses of adjudication

2007, c.P-23.005, s.40

s. 40(1) — Expenses of adjudication

The employer and the complainant shall each pay one-half of the remuneration and expenses of the adjudicator.

s. 40(2) — Expenses of adjudication

If, in the opinion of the Board, special circumstances exist, the remuneration and expenses of the adjudicator may be paid in whole or in part by the Board.

s. 41 — Enforcement of order

When any order made under section 39 directs an action to be taken and is not complied with within the period specified in the order for taking the action, any person affected by the order may file a copy of the order in The Court of King’s Bench of New Brunswick, at which point the order shall be entered as, and is enforceable as, an order of that court. 2007, c.P-23.005, s.41; 2023, c.17, s.220

s. 42 — Evidence not compellable

No member of the Board, adjudicator or officer or employee of or person appointed by the Board shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of his or her duties under this Act. 2007, c.P-23.005, s.42

s. 43 — Support for adjudicator

The Board may provide an adjudicator with quarters and staff and such other facilities as are necessary to enable the adjudicator to carry out his or her functions under this Act. 2007, c.P-23.005, s.43

s. 44 — Service of documents

2007, c.P-23.005, s.44

s. 44(1) — Service of documents

Any notice or document that is to be given or served on any person is sufficiently given or served if it is delivered personally or if it is sent by prepaid mail or prepaid courier

s. 44(1)(a) — Service of documents

(a) in the case of an employer, to the chief executive of the appropriate portion of the public service, and

s. 44(1)(b) — Service of documents

(b) in the case of a complainant, to the address for service provided in the complaint filed under section 32.

s. 44(2) — Service of documents

Service by prepaid mail or prepaid courier is deemed to be effected ten days after the notice or other document is deposited in the mail or delivered to the courier.

s. 45 — Employees and assistants of Ombud

2017, c.1, s.82007, c.P-23.005, s.45; 2011, c.11, s.24; 2017, c.1, s.8

s. 45(1) — Employees and assistants of Ombud

The Ombud may appoint the employees and assistants that he or she considers necessary for the carrying out of his or her functions and duties under this Act.

s. 45(2) — Employees and assistants of Ombud

Before performing any functions or duties under this Act, a person appointed under subsection (1) shall take an oath, administered by the Ombud, that he or she will not divulge any information received by him or her under this Act, except for the purpose of giving effect to this Act.

s. 45(3) — Employees and assistants of Ombud

All persons employed in Ombud New Brunswick under this Act 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 on which the right to participate and receive benefits may be extended to persons employed in Ombud New Brunswick.

s. 46 — Delegation of authority

2007, c.P-23.005, s.46; 2011, c.11, s.25; 2017, c.1, s.8

s. 46(1) — Delegation of authority

The Ombud may, in writing under his or her signature, delegate to any person any of his or her powers under this Act, except the power of delegation and the power to make a report under this Act.

s. 46(2) — Delegation of authority

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

s. 47 — Evidence not compellable

The Ombud or any person holding any office or appointment under the Ombud under this Act 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 any of his or her functions under this Act whether or not that function was within his or her jurisdiction. 2007, c.P-23.005, s.47; 2011, c.11, s.26; 2017, c.1, s.8

s. 48 — Effect of want of form

No proceeding of the Ombud is void for want of form and, except on the ground of lack of jurisdiction, no proceedings or decisions of the Ombud shall be challenged, reviewed, quashed or called in question in any court. 2007, c.P-23.005, s.48; 2011, c.11, s.27; 2017, c.1, s.8

s. 49 — Protection from liability

Unless the person was acting in bad faith, no action or proceeding may be brought against a supervisor, designated officer or chief executive, or the Ombud, or a person acting on behalf of or under the direction of any of them, for anything done or not done, or for any neglect 2007, c.P-23.005, s.49; 2011, c.11, s.28; 2017, c.1, s.8

s. 49(a) — Protection from liability

(a) in the performance or intended performance of a duty under this Act, or

s. 49(b) — Protection from liability

(b) in the exercise or intended exercise of a power under this Act.

s. 50 — Offences and penalties

2007, c.P-23.005, s.50; 2011, c.11, s.29; 2017, c.1, s.8; 2017, c.15, s.46

s. 50(1) — Offences and penalties

No person shall, in seeking advice about making a disclosure, in making a disclosure, in making a claim of wrongdoing referred to in section 23, or during an investigation, knowingly make a false or misleading statement, orally or in writing, to a supervisor, designated officer, chief executive or the Ombud, or to any person acting on behalf of or under the direction of any of them.

s. 50(2) — Offences and penalties

No person shall wilfully obstruct a supervisor, designated officer or chief executive or the Ombud, or any person acting on behalf of or under the direction of any of them, in the performance of a duty under this Act.

s. 50(3) — Offences and penalties

No person shall, knowing that a document or thing is likely to be relevant to an investigation under this Act,

s. 50(3)(a) — Offences and penalties

(a) destroy, mutilate or alter the document or thing,

s. 50(3)(b) — Offences and penalties

(b) falsify the document or make a false document,

s. 50(3)(c) — Offences and penalties

(c) conceal the document or thing, or

s. 50(3)(d) — Offences and penalties

(d) direct, counsel or cause, in any manner, a person to do anything mentioned in paragraphs (a) to (c).

s. 50(4) — Offences and penalties

A person who violates or fails to comply with subsection (1), (2) or (3) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.

s. 50(4.1) — Offences and penalties

A person who violates or fails to comply with section 31 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category G offence and is subject to appropriate disciplinary action, including termination of employment.

s. 50(5) — Offences and penalties

A prosecution under this Act shall be commenced not later than one year after the day the alleged offence was committed.

s. 50.1

2013, c.34, s.31If a provision of this Act is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, the provision of this Act prevails. 2013, c.34, s.31

s. 51 — Regulations

The Lieutenant-Governor in Council may make regulations 2007, c.P-23.005, s.51

s. 51(a) — Regulations

(a) for the purpose of section 6, respecting the procedures to be followed in managing and investigating disclosures and reporting the outcome of investigations, including setting time periods for action;

s. 51(b) — Regulations

(b) exempting Acts or regulations from the application of section 15 if the Lieutenant-Governor in Council is of the opinion that the exemption is in the public interest;

s. 51(c) — Regulations

(c) prescribing forms for the purposes of this Act;

s. 51(d) — Regulations

(d) defining any word or phrase used in but not defined in this Act;

s. 51(e) — Regulations

(e) respecting any other matter that the Lieutenant-Governor in Council considers necessary or advisable to carry out the purposes of this Act.