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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Ombudsman Act
 
Legislature :
56
Session :
1
Bill No. :
73
Member :
Hon. Stuart Jamieson
First Reading :
2007-5-29
Second Reading :
2007-5-30
Committee of the Whole :
2007-6-8
Amended :
2007-6-8
Third Reading :
2007-6-12
Royal Assent :
2007-6-26
Download PDF :
  Bill 73          View Text of First Reading Bill
Amendment :
Section 10

Strike out subsection 19.1(3) and substitute the following:

19.1(3) The Ombudsman does not have a right to the following information or documents:

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

(b) information or documents certified by the Attorney General as disclosing the following:

(i) the deliberations of the Executive Council; or

(ii) the proceedings of the Executive Council or a committee of the Executive Council.

Section 10

Strike out subsection 19.2(3) and substitute the following:

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 personís consent; and

(h) information that the Ombudsman does not have a right of access to under section 19.1.

Section 10

Add after subsection 19.1(3) the following:


19.1(4) Subject to subsection (3), a rule of law that authorizes or requires the following does nto apply to an investigation by or proceeding before the Ombudsman:

(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

(b) the refusal to answer a question on the ground that answering the question would be injurious to the public interest.
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Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
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