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Copyright © 2017: Queen’s Printer,
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SNL2001 CHAPTER C-14.1

CITIZENS' REPRESENTATIVE ACT

Amended:

2001 c42 s7; 2001 cC-12.01 s33; 2001 cN-3.1 s2; 2002 cA-1.1 s75; 2002 c6; 2002 cI-0.1 s56; 2006 cA-18.1 s48; 2006 cM-9.1 s83;
2007 cH-10.1 s70; 2008 cP-7.01 s95; 2014 cC-11.01 s38; 2015 cA-1.2 s124; 2016 c6 s5; 16/17 s2

CHAPTER C-14.1

AN ACT RESPECTING THE APPOINTMENT OF A CITIZENS' REPRESENTATIVE FOR THE PROVINCE WHO SHALL HAVE THE POWERS TRADITIONALLY CONFERRED ON AN OMBUDSMAN

(Assented to May 24, 2001 )

Analysis


       
1.   Short title

       
2.   Definitions

       
3.   Appointment of Citizens' Representative

       
4.   Status of Citizens' Representative

       
5.   Term of office

       
6.   Removal or suspension

       
7.   Suspension when House of Assembly not sitting

     
7.1   Acting Citizens' Representative

       
8.   Salary, pension and benefits

       
9.   Expenses

     
10.   Citizens' Representative's staff

     
11.   Oath of office

     
12.   Oath of staff

     
13.   Secrecy

     
14.   Delegation

     
15.   Investigation

     
16.   Reference by Lieutenant-Governor in Council

     
17.   Reference by House of Assembly

     
18.   Exercise of powers

     
19.   Restriction on jurisdiction

     
20.   Restriction on investigation by minister

     
21.   Questions relating to jurisdiction

     
22.   Complaints in writing

     
23.   Privacy of communication to Citizens' Representative

     
24.   Refusal to investigate

     
25.   Report of refusal to investigate

     
26.   Notice of investigation

     
27.   Private investigation

     
28.   Hearings

     
29.   Right to be heard

     
30.   Consultation with minister

     
31.   Evidence

     
32.   Restrictions on disclosure

     
33.   Application of certain rules

     
34.   Admissibility of evidence

     
35.   Defence for certain offences

     
36.   Right of entry

     
37.   Report on investigation

     
38.   Notice of proposed steps

     
39.   Report to complainant

     
40.   Review of Citizens' Representative's decision

     
41.   Proceedings against Citizens' Representative prohibited

     
42.   Citizens' Representative not to be called as witness

     
43.   Annual report to House of Assembly

     
44.   Publication of reports

     
45.   Rules

     
46.   Offence and penalty

     
47.   Additional remedies

     
48.  
Schedule

     
49.   Commencement


Schedule


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

        1. This Act may be cited as the Citizens' Representative Act .

2001 cC-14.1 s1

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Definitions

        2. In this Act

             (a)  "agency of the government" means a person, board, commission, association, or other body, included in the Schedule;

             (b)  "Citizens' Representative" means the person appointed under this Act to perform the duties and exercise the powers traditionally conferred on an ombudsman;

             (c)  "House of Assembly Management Commission" means the commission continued under section 18 of the House of Assembly Accountability, Integrity and Administration Act ; and

             (d)  "department" means a department created under the Executive Council Act , or a branch of the executive government of the province.

2001 cC-14.1 s2 2007 cH-10.1 s70

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Appointment of Citizens' Representative

        3. (1) The Office of the Citizens' Representative is established.

             (2)  On resolution of the House of Assembly, the Lieutenant-Governor in Council shall appoint a Citizens' Representative.

2016 c6 s5

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Status of Citizens' Representative

        4. (1) The Citizens' Representative is an officer of the House of Assembly and is not eligible to be nominated for election, to be elected or to sit as a member of the House of Assembly.

             (2)  The Citizens' Representative shall not hold another public office or carry on a trade, business or profession.

2016 c6 s5

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Term of office

        5. (1) Unless he or she sooner resigns, dies or is removed from office, the Citizens' Representative shall hold office for 6 years from the date of his or her appointment, and he or she may be re-appointed for a second term of 6 years, but shall not hold office for more than 2 terms.

             (2)  The Citizens' Representative may resign his or her office in writing addressed to the Speaker of the House of Assembly, or, where there is no Speaker or the Speaker is absent, to the Clerk of the House of Assembly.

2016 c6 s5

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Removal or suspension

        6. The Lieutenant-Governor in Council, on resolution of the House of Assembly passed by a majority vote of the members of the House of Assembly actually voting, may suspend or remove the Citizens' Representative from office because of an incapacity to act or for misconduct, cause or neglect of duty.

2016 c6 s5

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Suspension when House of Assembly not sitting

        7. When the House of Assembly is not sitting, the Lieutenant-Governor in Council may suspend the Citizens' Representative because of an incapacity to act or for misconduct, cause or neglect of duty but the suspension shall not continue in force beyond the end of the next sitting of the House of Assembly.

2016 c6 s5

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Acting Citizens' Representative

      7.1 (1) The Lieutenant-Governor in Council may, on the recommendation of the House of Assembly Management Commission, appoint an acting Citizens' Representative if

             (a)  the Citizens' Representative is temporarily unable to perform his or her duties;

             (b)  the office of the Citizens' Representative becomes vacant or the Citizens' Representative is suspended when the House of Assembly is not sitting; or

             (c)  the office of the Citizens' Representative becomes vacant or the Citizens' Representative is suspended when the House of Assembly is sitting, but the House of Assembly does not pass a resolution to appoint a Citizens' Representative before the end of that sitting.

             (2)  Where the office of the Citizens' Representative becomes vacant and an acting Citizens' Representative is appointed under paragraph (1)(b) or (c), the term of the acting Citizens' Representative shall not extend beyond the end of the next sitting of the House of Assembly.

             (3)  An acting Citizens' Representative holds office until

             (a)  the Citizens' Representative returns to his or her duties after a temporary inability to perform;

             (b)  the suspension of the Citizens' Representative ends or is dealt with in the House of Assembly; or

             (c)  a person is appointed as Citizens' Representative under section 3.

2016 c6 s5

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Salary, pension and benefits

        8. (1) The Citizens' Representative shall be paid a salary fixed by the Lieutenant-Governor in Council after consultation with the House of Assembly Management Commission.

             (2)  The salary of the Citizens' Representative shall not be reduced except on resolution of the House of Assembly.

             (3)  The Citizens' Representative is subject to the Public Service Pensions Act, 1991 where he or she was subject to that Act before his or her appointment as Citizens' Representative.

             (4)  Where the Citizens' Representative was not subject to the Public Service Pensions Act, 1991 before his or her appointment as Citizens' Representative, he or she shall be paid, for contribution to a registered retirement savings plan, an amount equivalent to the amount which he or she would have contributed to the Public Service Pension Plan were the circumstances in subsection (3) applicable.

             (5)  The Citizens' Representative is eligible to receive the same benefits as a deputy minister, with the exception of a pension where subsection (4) applies.

2016 c6 s5

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Expenses

        9. The Citizens' Representative shall be paid the travelling and other expenses incurred by him or her in the performance of his or her duties that may be approved by the House of Assembly Management Commission.

2001 cC-14.1 s9 2007 cH-10.1 s70

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Citizens' Representative's staff

      10. (1) The Citizens' Representative may, subject to the approval of the House of Assembly Management Commission and in the manner provided by law, appoint those assistants and employees that he or she considers necessary to enable him or her to carry out his or her functions under this Act.

             (2)  Persons employed under subsection (1) are members of the public service of the province.

2001 cC-14.1 s10 2007 cH-10.1 s70

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Oath of office

      11. Before beginning to perform his or her duties, the Citizens' Representative shall swear an oath, or affirm, before the Speaker of the House of Assembly or the Clerk of the House of Assembly that he or she shall faithfully and impartially perform the duties of his or her office and that he or she shall not, except as provided by this Act, divulge information received by him or her under this Act.

2001 cC-14.1 s11

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Oath of staff

      12. Every person employed under the Citizens' Representative shall, before he or she begins to perform his or her duties, swear an oath, or affirm, before the Citizens' Representative that he or she shall not, except as provided by this Act, divulge information received by him or her under this Act.

2001 cC-14.1 s12

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Secrecy

      13. (1) The Citizens' Representative and every person employed under him or her shall maintain secrecy in respect of all matters that come to their knowledge in the exercise of their duties or functions under this Act.

             (2)  Notwithstanding subsection (1) or an oath taken or affirmation made under this Act, the Citizens' Representative may disclose in a report made by him or her under this Act those matters which he or she considers necessary to disclose in order to establish grounds for his or her conclusions and recommendations.

2001 cC-14.1 s13

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Delegation

      14. (1) The Citizens' Representative may in writing delegate to another person his or her powers under this Act except the power to make a report under this Act.

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

2001 cC-14.1 s14

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Investigation

      15. The Citizens' Representative may, on a written complaint or on his or her own initiative, investigate a decision or recommendation made, including a recommendation made to a minister, or an act done or omitted, relating to a matter of administration in or by a department or agency of the government, or by an officer, employee or member of the department or agency, where a person is or may be aggrieved.

2001 cC-14.1 s15

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Reference by Lieutenant-Governor in Council

      16. The Lieutenant-Governor in Council may refer to the Citizens' Representative, for investigation and report by him or her, a matter relating to administration in or by a department or agency of the government, or by an officer, employee or member of it, and the Citizens' Representative shall,

             (a)  subject to a special direction of the Lieutenant-Governor in Council, investigate the matter referred to him or her so far as it is within his or her jurisdiction; and

             (b)  make a report to the Lieutenant-Governor in Council that he or she considers appropriate.

2001 cC-14.1 s16

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Reference by House of Assembly

      17. The House of Assembly may refer to the Citizens' Representative, for investigation and report by him or her, any petition that is presented to it for consideration or any matter to which the petition relates, and, in that case, the Citizens' Representative shall,

             (a)  subject to special directions of the House of Assembly, investigate the matters referred to him or her as far as it is within his or her jurisdiction; and

             (b)  make a report to the House of Assembly that he or she considers appropriate,

but nothing in section 24 , 25 or 39 applies in respect of an investigation or report made under this section.

2001 cC-14.1 s17

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Exercise of powers

      18. The Citizens' Representative may exercise and perform the powers, duties and functions conferred or imposed on him or her under this Act notwithstanding a provision of another Act to the effect that a proceeding, decision, recommendation, act or omission that he or she is investigating is

             (a)  final;

             (b)  not subject to appeal; or

             (c)  not subject to be challenged, reviewed, quashed or called into question.

2001 cC-14.1 s18

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R estriction on jurisdiction

      19. Nothing in this Act authorizes the Citizens' Representative to investigate

             (a)  a decision, recommendation, act, order or omission of the House of Assembly, the Lieutenant-Governor, a committee of the House of Assembly, the Lieutenant-Governor in Council, the Executive Council, or a committee of the Executive Council;

             (b)  an order, decision or omission of a court, a judge of a court, a master of a court, or a justice of the peace made or given in an action or proceeding in the court, or before the judge, master or justice of the peace;

             (c)  an award, decision, recommendation or omission of an arbitrator or board of arbitrators in an arbitration to which the Arbitration Act applies;

             (d)  a matter in respect of which there is under an Act a right of appeal or objection or a right to apply for a review on the merits of the case to a court or tribunal constituted by or under an Act, until after the right of appeal, objection or application has been exercised or until after the time limit for the exercise of that right has expired;

             (e)  a refusal to provide access to information under the Access to Information and Protection of Privacy Act, 2015 ;

             (f)  a matter falling within the office of the child and youth advocate under the Child and Youth Advocate Act ; or

             (g)  an act, omission, decision, recommendation, refusal or information policy or procedure of a custodian in relation to personal health information under the Personal Health Information Act or a matter falling within the office of the commissioner to which that Act applies.

2001 cC-14.1 s19 2001 cC-12.01 s33 2002 cA-1.1 c75 2008 cP-7.01 s95 2015 cA-1.2 s124

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Restriction on investigation by minister

      20. (1) Where the Minister of Justice certifies in writing to the Citizens' Representative that the investigation of a matter would be contrary to the public interest under the circumstances, the Citizens' Representative shall not investigate the matter, or, where the Citizens' Representative has commenced an investigation of the matter, he or she shall discontinue the investigation.

             (2)  Where a certificate is given under subsection (1), the Citizens' Representative shall include that fact and a brief description of the circumstances of the matter in his or her next annual report to the House of Assembly.

2001 cC-14.1 s20

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Questions relating to jurisdiction

      21. Where a question arises as to the jurisdiction of the Citizens' Representative to conduct an investigation or class of investigations under this Act, he or she may apply to the Trial Division for a declaratory order determining the question.

2001 cC-14.1 s21

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Complaints in writing

      22. Every complaint to the Citizens' Representative shall be made in writing.

2001 cC-14.1 s22

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Privacy of communication to Citizens' Representative

      23. Notwithstanding another Act, where a letter written by a person in custody on a charge or after conviction for an offence, or by an inmate or patient in a hospital, mental hospital or home, or an institution operated by or under the direction of the government, or by a person in custody of another person for another reason, is addressed to the Citizens' Representative, it shall be forwarded immediately, unopened, to the Citizens' Representative by the person in charge of the place or institution where the writer of the letter is detained or in which he or she is an inmate or patient, or by the person having custody of the writer.

2001 cC-14.1 s23

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Refusal to investigate

      24. (1) The Citizens' Representative, in his or her discretion, may refuse to investigate or may cease to investigate a complaint where

             (a)  it relates to a decision, recommendation, act or omission of which the complainant has had knowledge for more than one year before the complaint is received by the Citizens' Representative;

             (b)  in his or her opinion it is frivolous or vexatious or not made in good faith or concerns a trivial matter;

             (c)  the complainant does not have a sufficient personal interest in the subject matter of the complaint;

             (d)  in his or her opinion it should not be investigated or the investigation should not be continued because the public interest outweighs the interest of the person aggrieved;

             (e)  in his or her opinion the circumstances of the case do not require investigation; or

             (f)  the law, or existing administrative procedure provides an adequate remedy in the circumstances for the person aggrieved and, where the person aggrieved has not availed himself or herself of the remedy, there is no reasonable justification for his or her failure to do so.

             (2)  Where, in the course of or after an investigation of a decision, act or omission, done or omitted by a department or agency of the government, or an officer or employee of it in the exercise of a discretion vested in that department, agency, officer, or employee, the Citizens' Representative is satisfied that the decision, act or omission is not clearly wrong or unreasonable, the Citizens' Representative shall make no further investigation of the matter and shall report to the complainant that he or she is so satisfied.

2001 cC-14.1 s24

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Report of refusal to investigate

      25. Where the Citizens' Representative decides not to investigate or to cease investigating a complaint, he or she shall inform the complainant, and other interested persons, of his or her decision and shall provide to them reasons for his or her decision.

2001 cC-14.1 s25

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Notice of investigation

      26. Before investigating a complaint, the Citizens' Representative shall inform the deputy minister, or the administrative head of the department or agency of the government affected, of his or her intention to make the investigation.

2001 cC-14.1 s26

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Private investigation

      27. Every investigation by the Citizens' Representative under this Act shall be conducted in private.

2001 cC-14.1 s27

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Hearings

      28. The Citizens' Representative may hold hearings and hear or obtain information from a person and make an inquiry that he or she considers appropriate.

2001 cC-14.1 s28

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Right to be heard

      29. The Citizens' Representative is not required to hold a hearing and a person is not entitled, as of right, to be heard by the Citizens' Representative, but, where it appears to the Citizens' Representative that there is sufficient grounds for his or her making a report or recommendation in respect of a matter that may adversely affect a department, agency of the government, or person, he or she shall give to the department, agency, or person, an opportunity to make representations in respect of the matter, and the department, agency, or person may make representations in respect of the matter by counsel.

2001 cC-14.1 s29

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Consultation with minister

      30. (1) The Citizens' Representative may, during or after an investigation, consult a minister who is concerned in the matter of the investigation.

             (2)  Where, during or after an investigation, the Citizens' Representative is of the opinion that there is evidence of a breach of duty or misconduct by a department or agency of the government or an officer or employee of it, he or she shall inform the deputy minister or administrative head of the department or agency of the government of his or her opinion.

2001 cC-14.1 s30

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E vidence

      31. (1) The Citizens' Representative may require a person who, in his or her opinion, is able to give information relating to a matter being investigated by him or her

             (a)  to furnish the information to him or her; and

             (b)  to produce a document, paper or thing that in his or her opinion relates to the matter being investigated and that may be in the possession or under the control of the person,

whether or not the person is an officer, employee or member of the department or agency of the government and whether or not the document, paper or thing is in the custody or under the control of a department or agency of the government.

             (2)  The Citizens' Representative may summon before him or her and examine on oath or affirmation

             (a)  a person who is an officer or employee or member of a department or agency of the government and who in the opinion of the Citizens' Representative is able to give information relating to a matter being investigated by him or her;

             (b)  a complainant; and

             (c)  another person who in the opinion of the Citizens' Representative is able to give information relating to a matter being investigated by him or her.

2001 cC-14.1 s31

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Restrictions on disclosure

      32. Where the Minister of Justice certifies that the giving of any information or the answering of any questions or the production of any document, paper or thing might involve the disclosure of

             (a)  the deliberations of the Executive Council or a committee of the Executive Council;

             (b)  proceedings of the Executive Council, or committee of the Executive Council, relating to matters of a secret or confidential nature and would be injurious to the public interest; or

             (c)  interfere with or impede the investigation or detection of an offence,

the Citizens' Representative shall not require the information or answer to be given or the document, paper or thing to be produced, but shall report the giving of the certificate to the House of Assembly.

2001 cC-14.1 s32

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Application of certain rules

      33. (1) A rule of law that authorizes or requires the withholding of a document, paper or thing, or the refusal to answer a question, on the ground that the disclosure or answering would be injurious to the public interest does not apply in respect of an investigation by or proceedings before the Citizens' Representative.

             (2)  A provision of an Act requiring a person to maintain secrecy in relation to, or not to disclose information relating to, a matter shall not apply in respect of an investigation by the Citizens' Representative, and a person required by the Citizens' Representative to furnish information or to produce a document, paper or thing or summoned by the Citizens' Representative to give evidence, shall not refuse to furnish the information, produce the document, paper or thing, or to answer questions on the ground of that provision.

2001 cC-14.1 s33

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Admissibility of evidence

      34. Except on the trial of a person for perjury, a statement made, or answer or evidence given by that or another person in the course of an investigation by or a proceeding before the Citizens' Representative is not admissible in evidence against a person in a court or at an inquiry or in another proceeding, and no evidence respecting a proceeding before the Citizens' Representative shall be given against a person.

2001 cC-14.1 s34

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Defence for certain offences

      35. A person is not guilty of an offence under another Act by reason of his or her compliance with a request or requirement of the Citizens' Representative to furnish information or produce a document, paper or thing, or by reason of answering a question in an investigation of the Citizens' Representative.

2001 cC-14.1 s35

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Right of entry

      36. (1) For the purpose of this Act, the Citizens' Representative may enter the premises occupied by a department or agency of the government and carry out an investigation within his or her jurisdiction.

             (2)  Upon entering a premises under subsection (1), the Citizens' Representative shall notify the deputy minister or administrative head of the department or agency of the government that occupies the premises.

2001 cC-14.1 s36

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Report on investigation

      37. (1) Where, after making an investigation under this Act, the Citizens' Representative is of the opinion

             (a)  that a decision, recommendation, act or omission that is the subject matter of the investigation appears to be

                      (i)  contrary to law,

                     (ii)  unreasonable,

                    (iii)  unjust,

                    (iv)  oppressive,

                     (v)  improperly discriminatory,

                    (vi)  in accordance with a practice or procedure that is or may be unreasonable, unjust, oppressive, or improperly discriminatory,

                   (vii)  based wholly or partly on a mistake of law or fact, or

                  (viii)  wrong;

             (b)  that in making a decision or recommendation, or in doing or omitting an act, a power or right has been exercised

                      (i)  for an improper purpose,

                     (ii)  on irrelevant grounds, or

                    (iii)  on the taking into account of irrelevant considerations; or

             (c)  t hat reasons should have been given for a decision, recommendation, act or omission that was the subject matter of the investigation,

the Citizens' Representative shall report his or her opinion and his or her reasons and may make those recommendations that he or she considers appropriate to the appropriate minister and to the department or agency of the government concerned.

             (2)  In making a report under subsection (1), the Citizens' Representative may recommend

             (a)  that a matter should be referred to the appropriate authority for further consideration;

             (b)  that an omission should be rectified;

             (c)  that a decision should be cancelled or varied;

             (d)  that a practice on which a decision, recommendation, act or omission was based should be altered or reviewed;

             (e)  that a law on which a decision, recommendation, act or omission was based should be reconsidered;

             (f)  that reasons should be given for a decision, recommendation, act or omission; or

             (g)  that other steps should be taken.

2001 cC-14.1 s37

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Notice of proposed steps

      38. (1) Where the Citizens' Representative makes a recommendation under section 37 , he or she may request the department or agency of the government to notify him or her within a specified time of the action it has taken or proposes to take to give effect to his or her recommendations.

             (2)  Wherewithin a reasonable time after a request respecting recommendations is made under this section, no action is taken which seems to the Citizens' Representative to be adequate and appropriate, the Citizens' Representative, in his or her discretion, after considering the comments made by or on behalf of the department or agency of the government affected, may report the matter, including a copy of the report containing the recommendations, to the Lieutenant-Governor in Council and may mention the report in the Citizens' Representative's next annual report to the House of Assembly.

             (3)  A report made under subsection (2) shall include comments made by or on behalf of the department or agency of the government upon the opinion or recommendation of the Citizens' Representative.

2001 cC-14.1 s38

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Report to complainant

      39. Where the Citizens' Representative makes an investigation on the basis of a complaint received by him or her, he or she shall report to the complainant, in the manner and at the time that he or she considers appropriate, the result of the investigation.

2001 cC-14.1 s39

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Review of Citizens' Representative's decision

      40. A proceeding of the Citizens' Representative is not void for want of form and, except on the ground of lack of jurisdiction, a proceeding or decision of the Citizens' Representative shall not be challenged, reviewed, quashed or called into question in a court.

2001 cC-14.1 s40

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Proceedings against Citizens' Representative prohibited

      41. An action does not lie against the Citizens' Representative or against a person employed under him or her for anything he or she may do or report or say in the course of the exercise or performance, or intended exercise or performance, of his or her functions and duties under this Act, unless it is shown he or she acted in bad faith.

2001 cC-14.1 s41

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Citizens' Representative not to be called as witness

      42. The Citizens' Representative and a person employed under him or her shall not be called to give evidence in a court or in a proceeding of a judicial or quasi-judicial nature in respect of anything coming to his or her knowledge in the exercise or performance of his or her functions and duties under this Act.

2001 cC-14.1 s42

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Annual report to House of Assembly

      43. The Citizens' Representative shall report annually to the House of Assembly through the Speaker on the exercise and performance of his or her functions and duties under this Act.

2001 cC-14.1 s43

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Publication of reports

      44. Where it is in the public interest, or in the interest of a person, department or agency of the government, the Citizens' Representative may publish reports relating generally to the exercise and performance of his or her functions and duties under this Act or to a particular case investigated by him or her, whether or not the matters to be dealt with in the report have been the subject of the report made to the House of Assembly under this Act.

2001 cC-14.1 s44

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Rules

      45. (1) The H ouse of Assembly Management Commission may make rules for the guidance of the Citizens' Representative in the exercise and performance of his or her functions and duties under this Act.

             (2)  Except where rules respecting it are made under subsection (1), the Citizens' Representative may determine his or her procedure.

2001 cC-14.1 s45 2007 cH-10.1 s70

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Offence and penalty

      46. A person who

             (a)  without lawful justification or excuse wilfully obstructs, hinders, or resists the Citizens' Representative or another person in the exercise or performance of his or her functions and duties under this Act;

             (b)  without lawful justification or excuse refuses or wilfully fails to comply with a lawful requirement of the Citizens' Representative or another person under this Act; or

             (c)  wilfully makes a false statement to or misleads or attempts to mislead the Citizens' Representative or another person in the exercise or performance of his or her functions and duties under this Act,

is guilty of an offence and liable, on summary conviction, to a fine of not more than $500 or to imprisonment for a term not exceeding 3 months, or to both.

2001 cC-14.1 s46

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Additional remedies

      47. The provisions of this Act are in addition to the provisions of another Act or rule of law under which a remedy or right of appeal or objection is provided for a person, or a procedure is provided for the inquiry into or investigation of a matter, and nothing in this Act limits or affects that remedy or right of appeal or objection or procedure.

2001 cC-14.1 s47

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Schedule

      48. (1) The Lieutenant-Governor in Council may, by order, add or remove a person, board, commission, association or other body to or from the Schedule.

             (2)  An order made under subsection (1) is subordinate legislation for the purpose of the Statutes and Subordinate Legislation Act .

             (3)  Notwithstanding subsection (1), a person, board, commission, association or other body shall not be removed from the Schedule unless the removal is recommended by the House of Assembly Management Commission.

2001 cC-14.1 s48 2007 cH-10.1 s70

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Commencement

      49. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.  (In force - Dec. 7/01)

2001 cC-14.1 s49

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Schedule

The Agricultural Products Marketing Board

The Board of Commissioners of Public Utilities

Business Investment Corporation

The C.A. Pippy Park Commission

The Cancer Treatment and Research Foundation

The College of the North Atlantic

Criminal Code Mental Disorder Review Board (section 672.38 Criminal Code)

The Dairy Farmers of Newfoundland and Labrador

Edge Corporation Evaluation Board

The Egg Producers of Newfoundland and Labrador

Enterprise Newfoundland and Labrador Corporation

A hospital board or authority as defined in the Hospitals Act

A health and community services board incorporated under the Health and Community Services Act

Insurance Adjusters, Agents and Brokers Appeal Board

Mental Health Care and Treatment Review Board

The Labour Relations Board

An adjudicator appointed under section 67 of the Labour Standards Act

Livestock Owners Compensation Board

The Memorial University of Newfoundland

Mineral Rights Adjudication Board

Mining Tax Review Board

Multi-Materials Stewardship Board

Municipal Assessment Agency referred to in the Assessment Act, 2006

The Newfoundland and Labrador Chicken Marketing Board

Newfoundland and Labrador Crop Insurance Agency

The Newfoundland and Labrador Human Rights Commission

The Newfoundland and Labrador Industrial Development Corporation

Newfoundland and Labrador Legal Aid Commission

The Newfoundland and Labrador Liquor Corporation

The Newfoundland and Labrador Liquor Licensing Board

The Newfoundland and Labrador Municipal Financing Corporation

Newfoundland and Labrador Arts Council

Newfoundland and Labrador Centre for Health Information

Newfoundland and Labrador Education Investment Corporation

Newfoundland and Labrador Geographical Names Board

The Newfoundland and Labrador Housing Corporation

Newfoundland and Labrador Student Investment and Opportunity Corporation

The Private Training Corporation

Provincial Apprenticeship Board

The Provincial Information and Library Resources Board

The Public Service Commission

A regional service board established under the Regional Service Boards Act, 2012

Royal Newfoundland Constabulary Public Complaints Commission

A school board, including the conseil scolaire francophone elected under the Schools Act, 1997

An appeal board appointed under the Income and Employment Support Act

Timber Scalers Board

An appeal board established under section 40 of the Urban and Rural Planning Act, 2000

Workers' Compensation Review Division

The Workplace Health, Safety and Compensation Commission

A corporation, the ownership of which, or a majority of the shares of which is vested in the Crown

A corporation, commission or board the majority of the members of which, or the majority of the members of the board of directors of which are appointed by the Lieutenant-Governor in Council

A board, commission or other body added to this Schedule by order of the Lieutenant-Governor in Council

2001 cC-14.1 Sch 2001 c42 s7 2001 cN-3.1 s2 2002 cI-0.1 s56 2006 cA-18.1 s48 2006 cM-9.1 s83 16/17 s2 2014 cC-11.01 s38