Role

The Ombudsman is an officer of the Legislative Assembly, and is independent of government.

The Office of the Ombudsman currently has responsibilities under five statutes. (Click on the links below for more information on statutory responsibilities under each Act.)

1. Ombudsman Act
2. Civil Service Act
3. Archives Act

History

In 1967, the Government of New Brunswick introducted legislation creating the Office of the Ombudsman. The Ombudsman is an independent officer of the Legislative Assembly, with a mandate under the New Brunswick Ombudsman Act to conduct independent investigations of complaints.

The Office of the Ombudsman has jurisdiction to investigate complaints of an administrative nature in respect to government departments, municipalities, school districts, district education councils, regional health authorities, Crown agencies, and a number of agencies responsible to the Province, including some commissions and boards as defined under the Ombudsman Act.

Depending upon the nature of a complaint, it is sometimes possible to resolve the complaint informally. If an investigation identifies that an administrative flaw has occurred, and the matter cannot be resolved informally, the Act provides for the Ombudsman to make a recommendation to the administrative head of the authority concerned.

Visit our contact page for information on contacting the Office of the Ombudsman.

Investigation

In accordance with the Ombudsman Act, the office conducts independent and confidential investigations into complaints from individuals regarding administrative matters.

In conducting an investigation, staff of the Office of the Ombudsman may be required to critically analyze and review policies, procedures, legislation, case law, and examine government records. Also, information is obtained from officials either through meetings or correspondence. In addition to receiving information from clients through interviews or correspondence, investigators may obtain additional information through site visits conducted throughout the province.

As a result of the information gathered through the investigation, the Office of the Ombudsman makes a finding. If, on the conclusion of the investigation, the finding supports the client's complaint, the Ombudsman will facilitate a resolution, or in the alternative, make a recommendation for corrective action. The Ombudsman does not have the authority to require the government to act; however, negotiation has proven to be very effective. Where there is insufficient evidence to establish that the complaint is justified, the investigation is discontinued and the client is advised of the results in writing.