BILL 35

An Act to Amend the Higher Education Foundation Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 7 of the Higher Education Foundation Act, chapter H-4.1 of the Acts of New Brunswick, 1992, is amended

(a)  by repealing subsection (1) and substituting the following:

7(1) A foundation consists of a board of five trustees constituted as follows:

(a)  three trustees appointed by the Lieutenant-Governor in Council, whose names have been recommended by the institution; and

(b)  two trustees appointed by the Lieutenant-Governor in Council.

(b)  by repealing subsection (2);

(c)  by repealing subsection (3) and substituting the following:

7(3) One of the trustees appointed under paragraph (1)(b) shall be designated as Chairperson by the Lieutenant-Governor in Council.

(d)  by repealing subsection (4) and substituting the following:

7(4) A trustee shall be appointed for a term not exceeding five years.

2 Section 12 of the Act is amended by adding after subsection (4) the following:

12(5) A foundation is not required to have an audit conducted if the foundation, for the fiscal year in question, did not hold any real or personal property, including money.

3 Section 14 of the Act is amended by adding after subsection (1) the following:

14(1.1) Where a foundation did not hold any real or personal property, including money, in a given fiscal year, its annual report shall consist of a letter to the Minister confirming that it did not hold any such property, and describing what, if any, activities it undertook during the year in question.

4 Schedule B of the Act is amended by striking out “New Brunswick Community College” and substituting “New Brunswick Community College/Collège communautaire du Nouveau-Brunswick”.

5 Schedule C of the Act is amended

(a)  by striking out the following:

Saint John School of Nursing

The Miss A. J. MacMaster School of Nursing

École de Formation Infirmière d’Edmundston

L’École d’Infirmière de Bathurst School of Nursing

École d’Enseignement Infirmier Providence

School of Fisheries of New Brunswick

(b)  by striking out “Maritime Forest Ranger School” and substituting “Maritime College of Forest Technology”.

EXPLANATORY NOTES

Section 1

(a)  The existing provision is as follows:

7(1) A foundation consists of a board of five trustees appointed by the Lieutenant-Governor in Council.

(b)  The existing provision is as follows:

7(2) Three of the trustees for each board shall be appointed by the Lieutenant-Governor in Council from a list of nominees submitted by the institution.

(c)  The existing provision is as follows:

7(3) One of the other two appointees shall be designated as Chairperson by the Lieutenant-Governor in Council.

(d)  The existing provision is as follows:

7(4) A trustee shall be appointed for a term not exceeding three years and may be re-appointed for one additional term not exceeding three years.

Section 2

New provision.

Section 3

New provision.

Section 4

The name of the New Brunswick Community College is amended.

Section 5

The names of various institutions are deleted from Schedule C and the name of another is amended.