BILL NO. 47

(as introduced)

2nd Session, 58th General Assembly
Nova Scotia
50 Elizabeth II, 2001

Private Member's Bill

Ombudsman Act (amended)

Kevin Deveaux
Cole Harbour-Eastern Passage

First Reading: May 2, 2001

(Explanatory Note)

Second Reading:

Third Reading:

The purpose of this Bill is to

(a) prevent the Ombudsman from holding any other office or engaging in any other employment;

(b) require that no appointment to the position of Ombudsman may be made until a Special Committee of the House of Assembly has unanimously recommended the person to be appointed;

(c) require that the Committee be established and public advertising for the position begin at least six months before the expiry date of the term of the incumbent Ombudsman; and

(d) require that a new Ombudsman be appointed within six months of the position becoming vacant.

Be it enacted by the Governor and Assembly as follows:

1 (1) Subsection 3(2) of Chapter 327 of the Revised Statutes, 1989, the Ombudsman Act, is repealed.

(2) Subsection 3(3) of Chapter 327 is amended by striking out "without prior approval in each particular case by the House or by the Governor in Council when the House is not in session" in the last three lines.

2 Chapter 327 is further amended by adding immediately after Section 3 the following Section:

3A (1) The Governor in Council shall, on the recommendation of the House, appoint an Ombudsman as an officer of the House.

(2) The House shall not recommend a person to be appointed Ombudsman unless a special Committee of members of the House has unanimously recommended to the House that the person be appointed.

(3) The Committee shall be established and begin an open search, including advertising, at least six months in advance of the anticipated expiry date of the term of the incumbent Ombudsman.

(4) A new Ombudsman must be appointed within six months after the position of Ombudsman becomes vacant.