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.
Chapter Outline Update
2
Add after section 5.1 the following:
Annual charge5.11, 5.12