BILL 29
An Act to Amend the
Agricultural Development Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Subsection
5.1(1) of the Agricultural Development Act, chapter A-5.1 of the Revised
Statutes, 1973, is amended by striking out “The Board shall
consider all applications made to it” and substituting “The Board shall consider
all applications for financial assistance for more than twenty-five
thousand dollars made to it”.
2 The
Act is amended by adding after section 5.1 the following:
5.11(1) The Board shall refer to the Minister all applications for financial
assistance for twenty-five thousand dollars or less made to it under
this Act and the regulations.
5.11(2) The Board is not required to make a recommendation with respect
to an application referred to the Minister under subsection (1).
5.12 The Minister, with the approval of the Lieutenant-Governor in Council
or in accordance with the regulations, may provide financial assistance
to aid and encourage agricultural development in the Province and
such financial assistance shall be in accordance with the terms and
conditions specified by the Minister or specified in the approval
of the Lieutenant-Governor in Council.
3 The
Act is amended by adding after section 5.2 the following:
Annual charge
5.3(1) Any person who receives financial assistance under this Act shall
pay to the Minister an annual charge in accordance with the terms
and conditions prescribed by regulation.
5.3(2) The annual charges received by the Minister under this section
shall be paid into the Consolidated Fund.
4 Section
13 of the Act is amended
(a) by renumbering
the section as subsection 13(1);
(b) in subsection
(1)
(i) by adding after
paragraph (a.2) the following:
(a.21) prescribing the circumstances under
which the approval of the Lieutenant-Governor in Council is required
before the Minister may make any loan, grant or guarantee or give
any other financial assistance under this Act;
(ii) by adding after
paragraph (c.1) the following:
(c.2) respecting the annual charges and
the terms and conditions applicable to annual charges;
(c) by
adding after subsection (1) the following:
13(2) A regulation made under paragraph (c.2) may be retroactive to
February 15, 2003, or to any date after February 15, 2003.
TRANSITIONAL PROVISION
5 Any reference to “service fee”
in any agreement or other instrument or document that was valid and
of full force and effect immediately before the commencement of this
section shall be deemed to be a reference to “annual charge”.
COMMENCEMENT
6 Sections 3 and 4 of this Act shall be deemed
to have come into force on February 15, 2003.
EXPLANATORY NOTES
Section 1
The existing provision is as follows:
5.1(1) The Board shall consider all applications made to it under this
Act and the regulations and shall transmit to the Minister, within
a reasonable time of considering each application, a recommendation
setting forth its approval or disapproval of each application.
Section 2
New provisions.
Section 3
New provisions.
Section 4
(a) The amendment is consequential
on the amendment made in paragraph 3(d) of this amending Act.
(b)
i) Regulation-making authority
is added.
ii) Regulation-making authority
is added.
(c) New provision.
Section 5
Transitional provision.
Section 6
Commencement provision.