BILL 32
An Act to Amend the
Executive Council Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Subsection
2(1) of the Executive Council Act, chapter E-12 of the Revised Statutes,
1973, is amended by striking out “Minister of Family and Community
Services” and substituting “Minister of Social Development”.
TRANSITIONAL PROVISIONS
2 Where in any Act, other than this Act,
or in any regulation, rule, order, by-law, agreement or other instrument
or document, reference is made to the Minister, Deputy Minister or
Department of Family and Community Services, it shall be read, unless
the context otherwise requires, as a reference to the Minister, Deputy
Minister or Department of Social Development.
3(1) Any act or thing done from December 19,
2007, to the date of the enactment of this section, inclusive, by
the Minister of Social Development, in the exercise or performance
or intended exercise or performance of any right, power, duty, function,
responsibility or authority transferred to, vested in or imposed on
that Minister with respect to any Act, or any particular matter or
thing under the administration, supervision or control of that Minister
(a) shall be
deemed to have been done by a person validly appointed to perform
the right, power, duty, function, responsibility or authority transferred
to, vested in or imposed on that Minister,
(b) shall be
deemed to constitute a valid exercise or performance of the right,
power, duty, function, responsibility or authority transferred to,
vested in or imposed on that Minister, and
(c) is confirmed
and ratified.
3(2) Nothing in paragraphs (1)(a) and (b) shall
be taken as providing any indication that any right, power, duty,
function, responsibility or authority transferred to, vested in or
imposed on the Minister of Social Development was not validly exercised
or performed by that Minister.
4(1) The acting deputy head of the Department
of Family and Community Services on December 19, 2007 shall be deemed
to be the acting deputy head of the Department of Social Development
from December 19, 2007, to March 30, 2008, inclusive.
4(2) Any act or thing done from December 19,
2007, to March 30, 2008, inclusive, by the acting deputy head in the
exercise or performance or intended exercise or performance of any
right, power, duty, function, responsibility or authority transferred
to, vested in or imposed on that acting deputy head,
(a) shall
be deemed to have been done by a person validly appointed to perform
the right, power, duty, function, responsibility or authority transferred
to, vested in or imposed on that acting deputy head,
(b) shall
be deemed to constitute a valid exercise or performance of the right,
power, duty, function, responsibility or authority transferred to,
vested in or imposed on that acting deputy head, and
(c) is
confirmed and ratified.
4(3) Nothing in paragraphs (2)(a) and (b) shall
be taken as providing any indication that any right, power, duty,
function, responsibility or authority transferred to, vested in or
imposed on the acting deputy head was not validly exercised or performed
by that acting deputy head.
5(1) The Lieutenant-Governor in Council may
make the initial appointment of a deputy head for the Department of
Social Development under section 3 of the Civil Service Act retroactive
to March 31, 2008.
5(2) Any act or thing done from March 31, 2008,
to the date of the enactment of this section, inclusive, in the exercise
or performance or intended exercise or performance of any right, power,
duty, function, responsibility or authority transferred to, vested
in or imposed on that deputy head,
(a) shall be
deemed to have been done by a person validly appointed to perform
the right, power, duty, function, responsibility or authority transferred
to, vested in or imposed on that deputy head,
(b) shall be
deemed to constitute a valid exercise or performance of the right,
power, duty, function, responsibility or authority transferred to,
vested in or imposed on that deputy head, and
(c) is confirmed
and ratified.
5(3) Nothing in paragraphs (2)(a) and (b) shall
be taken as providing any indication that any right, power, duty,
function, responsibility or authority transferred to, vested in or
imposed on the deputy head appointed in accordance with subsection
(1) was not validly exercised or performed by that deputy head.
6 No action, application or any other proceeding
to question or in which is questioned the validity of the appointment
of the Minister of Social Development or the deputy head appointed
in accordance with subsection 5(1), or the authority of that Minister,
the acting deputy head referred to in subsection 4(1) or that deputy
head to act in such capacity, shall lie or be instituted against the
Crown in right of the Province or
(a) the Minister
of Social Development, with respect to any act or thing done from
December 19, 2007, to the date of the enactment of this section, inclusive,
by that Minister in the exercise or performance or intended exercise
or performance of any right, power, duty, function, responsibility
or authority transferred to, vested in or imposed on that Minister
with respect to any Act, or any particular matter or thing under the
administration, supervision or control of that Minister,
(b) the
acting deputy head referred to in subsection 4(1), with respect to
any act or thing done from December 19, 2007, to March 30, 2008, inclusive,
in the exercise or performance or intended exercise or performance
of any right, power, duty, function, responsibility or authority transferred
to, vested in or imposed on that acting deputy head,
(c) the
deputy head appointed in accordance with subsection 5(1), with respect
to any act or thing done from March 31, 2008, to the date of the enactment
of this section, inclusive, by that deputy head in the exercise or
performance or intended exercise or performance of any right, power,
duty, function, responsibility or authority transferred to, vested
in or imposed on that deputy head, or
(d) any other
person appointed, assigned, designated or requested to assist the
Minister of Social Development, the acting deputy head referred to
in subsection 4(1) or the deputy head appointed in accordance with
subsection 5(1) for a limited period of time, with respect to the
administration, supervision or enforcement of any Act with respect
to which any right, power, duty, function, responsibility or authority
that is transferred to, vested in or imposed on that Minister, with
respect to a particular matter or thing under the administration,
supervision or control of that Minister, or with respect to any right,
power, duty, function, responsibility or authority that is transferred
to, vested in or imposed on that acting deputy head or deputy head,
with respect to any act or thing done within the meaning of this paragraph,
by the other person,
if that Minister,
acting deputy head, deputy head or other person acted in good faith
in doing the act or thing.
CONSEQUENTIAL AMENDMENTS
Assessment Act
7 Subsection
4.1(1) of the Assessment Act, chapter A-14 of the Revised Statutes,
1973, is amended in the definition “Minister” by striking
out “Minister of Family and Community Services” and substituting “Minister of Social
Development”.
Change of
Name Act
8 Section 5 of the Change of Name Act, chapter
C-2.001 of the Acts of New Brunswick, 1987, is amended
(a) in
paragraph (1)(b) by striking out “Minister of Family and Community
Services” and substituting “Minister of Social Development”;
(b) in paragraph
(2)(b) in the portion preceding subparagraph (i) by striking out “Minister
of Family and Community Services” and substituting “Minister of Social Development”.
Regulation under the Civil Service Act
9 Section
3 of New Brunswick Regulation 93-137 under the Civil Service Act is
amended
(a) by striking
out
Department
of Family and Community Services
(b) by adding
the following in alphabetical order:
Department of Social Development
Regulation under the Custody and Detention of Young Persons
Act
10(1) Section 3 of New Brunswick Regulation 92-71
under the Custody and Detention of Young Persons Act is amended by
striking out “Minister of Family and Community Services”
wherever it appears and substituting “Minister of Social Development”.
10(2) Subsection 8(1) of the Regulation is amended by striking out “Minister
of Family and Community Services” wherever it appears and substituting “Minister of Social
Development”.
10(3) Section 17 of the Regulation is amended
by striking out “Minister of Family and Community Services”
wherever it appears and substituting “Minister of Social Development”.
10(4) Section 27 of the Regulation is amended by striking out “Minister
of Family and Community Services” wherever it appears and substituting “Minister of Social
Development”.
10(5) Section 32 of the Regulation is amended
by striking out “Minister of Family and Community Services”
wherever it appears and substituting “Minister of Social Development”.
Education Act
11(1) The heading preceding section 19 of the Education Act, chapter E-1.12
of the Acts of New Brunswick, 1997, is repealed and the following
is substituted:
Referral to the Minister
of Social Development
11(2) Section 19 of the Act is amended by striking out “Minister
of Family and Community Services” and substituting “Minister of Social Development”.
Regulation under the Emergency Measures Act
12 Section
2 of New Brunswick Regulation 83-71 under the Emergency Measures Act
is amended in paragraph (b) of the definition “non-chargeable
assistance” by striking out “Department of Family and
Community Services” and substituting “Department of Social Development”.
Regulation under the Emergency Measures Act
13 Section
4 of New Brunswick Regulation 84-7 under the Emergency Measures Act
is amended
(a) in subsection
(1)
(i) by striking out
Department
of Family and Community Services
(ii) by adding the
following in alphabetical order:
Department of Social Development
(b) in
subsection (3)
(i) in subparagraph
(b)(ii) by striking out “Department of Family and Community
Services” and substituting “Department of Social Development”;
(ii) in subparagraph
(e)(ii) by striking out “Department of Family and Community
Services” and substituting “Department of Social Development”;
(iii) in paragraph
(j)
(A) in the portion
preceding subparagraph (i) by striking out “Department of Family
and Community Services” and substituting “Department of Social Development”;
(B) in subparagraph
(i.2) by striking out “Department of Family and Community Services”
and substituting “Department
of Social Development”;
(iv) in subparagraph
(q)(iii) by striking out “Department of Family and Community
Services” and substituting “Department of Social Development”.
Family Income Security
Act
14 Section 1 of the Family Income Security
Act, chapter F-2.01 of the Acts of New Brunswick, 1994, is amended
by repealing the definition “Minister” and substituting
the following:
“Minister”
means the Minister of Social Development and includes any person designated
by the Minister to act on the Minister’s behalf; (Ministre)
Regulation under the Family Income Security Act
15(1) Section 31 of New Brunswick Regulation 95-61 under the Family Income
Security Act is amended
(a) in subsection
(1) by striking out “Department of Family and Community Services”
and substituting “Department
of Social Development”;
(b) in subsection
(2) by striking out “Department of Family and Community Services”
and substituting “Department
of Social Development”;
(c) in subsection
(3) in the portion preceding paragraph (a) by striking out “Department
of Family and Community Services” and substituting “Department of Social Development”;
(d) in paragraph
(4)(a) by striking out “Department of Family and Community Services”
and substituting “Department
of Social Development”.
15(2) Paragraph 32(1)(c) of the Regulation is
amended by striking out “Department of Family and Community
Services” and substituting “Department of Social Development”.
Family Services Act
16 Section
1 of the Family Services Act, chapter F-2.2 of the Acts of New Brunswick,
1980, is amended
(a) by repealing
the definition “Department” and substituting the following:
“Department” means the
Department of Social Development, unless otherwise indicated; (ministère)
(b) by repealing
the definition “Minister” and substituting the following:
“Minister” means the
Minister of Social Development; (Ministre)
Regulation under the Family Services Act
17 Form
4 of New Brunswick Regulation 81-132 under the Family Services Act
is amended by striking out “FAMILY AND COMMUNITY SERVICES”
and substituting “SOCIAL DEVELOPMENT”.
Regulation under the Family Services Act
18 Section
2 of New Brunswick Regulation 81-134 under the Family Services Act
is amended
(a) in Form
0.1 by striking out “FAMILY AND COMMUNITY SERVICES” and
substituting “SOCIAL
DEVELOPMENT”;
(b) in Form
0.2
(i) by striking out “FAMILY
AND COMMUNITY SERVICES” and substituting “SOCIAL DEVELOPMENT”;
(ii) by striking out “Family
and Community Services” and substituting “Social Development”;
(c) in Form
1 by striking out “FAMILY AND COMMUNITY SERVICES” and
substituting “SOCIAL
DEVELOPMENT”;
(d) in Form
1.01 by striking out “Family and Community Services” and
substituting “Social
Development”;
(e) in Form
1.02 by striking out “Family and Community Services” and
substituting “Social
Development”;
(f) in Form
1.03 by striking out “Family and Community Services” and
substituting “Social
Development”;
(g) in Form
1.04 by striking out “Family and Community Services” and
substituting “Social
Development”;
(h) in Form
1.1 by striking out “Family and Community Services” and
substituting “Social
Development”;
(i) in Form
1.2 by striking out “Family and Community Services” and
substituting “Social
Development”;
(j) in Form
1.3 by striking out “Family and Community Services” and
substituting “Social
Development”;
(k) in Form
1.4 by striking out “Family and Community Services” and
substituting “Social
Development”;
(l) in Form
1.5 by striking out “Family and Community Services” and
substituting “Social
Development”;
(m) in Form
2
(i) by striking out “FAMILY
AND COMMUNITY SERVICES” wherever it appears and substituting “SOCIAL DEVELOPMENT”;
(ii) by striking out “Family
and Community Services” wherever it appears and substituting “Social Development”;
(n) in Form
3
(i) by striking out “FAMILY
AND COMMUNITY SERVICES” wherever it appears and substituting “SOCIAL DEVELOPMENT”;
(ii) by striking out “Family
and Community Services” and substituting “Social Development”;
(o) in Form
4
(i) by striking out “FAMILY
AND COMMUNITY SERVICES” wherever it appears and substituting “SOCIAL DEVELOPMENT”;
(ii) by striking out “Family
and Community Services” and substituting “Social Development”;
(p) in Form
5.1
(i) by striking out “FAMILY
AND COMMUNITY SERVICES” and substituting “SOCIAL DEVELOPMENT”;
(ii) by striking out “Family
and Community Services” wherever it appears and substituting “Social Development”;
(q) in Form
7 by striking out “Family and Community Services” and
substituting “Social
Development”;
(r) in Form
8 by striking out “Family and Community Services” and
substituting “Social
Development”;
(s) in Form
9 by striking out “Family and Community Services” and
substituting “Social
Development”;
(t) in Form
10 by striking out “Family and Community Services” and
substituting “Social
Development”;
(u) in Form
11 by striking out “Family and Community Services” and
substituting “Social
Development”;
(v) in Form
12 by striking out “Family and Community Services” and
substituting “Social
Development”;
(w) in Form
12.1 by striking out “Family and Community Services” and
substituting “Social
Development”;
(x) in Form
16 by striking out “Family and Community Services” and
substituting “Social
Development”;
(y) in Form
19 by striking out “Family and Community Services” and
substituting “Social
Development”;
(z) in Form
20 by striking out “Family and Community Services” and
substituting “Social
Development”;
(aa) in
Form 26 by striking out “FAMILY AND COMMUNITY SERVICES”
and substituting “SOCIAL
DEVELOPMENT”;
(bb) in
Form 29
(i) by striking out “FAMILY
AND COMMUNITY SERVICES” wherever it appears and substituting “SOCIAL DEVELOPMENT”;
(ii) by striking out “Family
and Community Services” and substituting “Social Development”.
Regulation under the Family Services Act
19 Section
19.1 of New Brunswick Regulation 83-77 under the Family Services Act
is amended
(a) in subsection
(1) by striking out “Department of Family and Community Services”
and substituting “Department”;
(b) in subsection
(2) in the portion preceding paragraph (a) by striking out “Department
of Family and Community Services” and substituting “Department”;
(c) in subsection
(5) by striking out “Department of Family and Community Services”
and substituting “Department”.
Regulation under the Family Services Act
20 Section
23.1 of New Brunswick Regulation 83-85 under the Family Services Act
is amended
(a) in subsection
(1) by striking out “Department of Family and Community Services”
and substituting “Department”;
(b) in subsection
(2) in the portion preceding paragraph (a) by striking out “Department
of Family and Community Services” and substituting “Department”;
(c) in subsection
(5) by striking out “Department of Family and Community Services”
and substituting “Department”.
Regulation under the Family Services Act
21(1) Section 7.2 of New Brunswick Regulation 91-170 under the Family Services
Act is amended
(a) in subsection
(1) by striking out “Department of Family and Community Services”
and substituting “Department”;
(b) in subsection
(2) in the portion preceding paragraph (a) by striking out “Department
of Family and Community Services” and substituting “Department”;
(c) in subsection
(5) by striking out “Department of Family and Community Services”
and substituting “Department”.
21(2) Form 1 of the Regulation is amended by striking out “Minister
of Family and Community Services” and substituting “Minister of Social Development”.
Regulation under the Family Services Act
22 Form
5 of New Brunswick Regulation 97-71 under the Family Services Act
is amended by striking out “Minister of Family and Community
Services” wherever it appears and substituting “Minister of Social Development”.
Regulation under the Financial Administration Act
23 Schedule
A of New Brunswick Regulation 83-227 under the Financial Administration
Act is amended
(a) by striking
out
Department
of Family and Community Services
(b) by adding
the following in alphabetical order:
Department of Social Development
Regulation under the Financial Administration Act
24 Section
2 of New Brunswick Regulation 97-81 under the Financial Administration
Act is amended in the portion preceding paragraph (a) by striking
out “Minister of Family and Community Services” and substituting “Minister of Social
Development”.
Regulation under the Health Services Act
25(1) Section 2 of New Brunswick Regulation 84-115 under the Health Services
Act is amended in the definition “beneficiary”
(a) in
paragraph (b) by striking out “Minister of Family and Community
Services” and substituting “Minister of Social Development”;
(b) in paragraph
(d) by striking out “Minister of Family and Community Services”
and substituting “Minister
of Social Development”.
25(2) Section 5 of the Regulation is amended
by striking out “Department of Family and Community Services”
and substituting “Department
of Social Development”.
25(3) Section 9 of the Regulation is amended
by striking out “Department of Family and Community Services”
and substituting “Department
of Social Development”.
25(4) Section 19 of the Regulation is amended
(a) in paragraph
(1)(b) by striking out “Department of Family and Community Services”
and substituting “Department
of Social Development”;
(b) in subsection
(4) in the portion preceding paragraph (a) by striking out “Department
of Family and Community Services” and substituting “Department of Social Development”.
25(5) Schedule II of the Regulation is amended in section 2 by striking
out “Department of Family and Community Services” and
substituting “Department
of Social Development”.
Hospital
Act
26 Section 21 of the Hospital Act, chapter
H-6.1 of the Acts of New Brunswick, 1992, is amended by striking out “Minister
of Family and Community Services” and substituting “Minister of Social Development”.
An Act to Amend the
Hospital Act
27(1) Section 5 of An Act to Amend the Hospital Act, chapter 62 of the
Acts of New Brunswick, 1993, is amended in section 32.2 as enacted
by section 5 by striking out “Minister of Family and Community
Services” and substituting “Minister of Social Development”.
27(2) Subparagraph 8(a)(vi) of the Act is amended in paragraph (q.1) by
striking out “Minister of Family and Community Services”
as enacted by subparagraph 8(a)(vi) and substituting “Minister of Social Development”.
Intercountry Adoption
Act
28 Section 1 of the Intercountry Adoption
Act, chapter I-12.01 of the Acts of New Brunswick, 1996, is amended
by repealing the definition “Minister” and substituting
the following:
“Minister”
means the Minister of Social Development. (Ministre)
An Act to Amend the
Intercountry Adoption Act
29 Section
3 of An Act to Amend the Intercountry Adoption Act, chapter 21 of
the Acts of New Brunswick, 2007, is amended in subsection 12(1) as
enacted by section 3 by striking out “Department of Family and
Community Services” and substituting “Department of Social Development”.
Regulation under the Judicature Act and the Provincial Offences Procedure Act
30 Rule 73.17(1) of New Brunswick Regulation
82-73 under the Judicature Act and the Provincial Offences Procedure
Act is amended
(a) in clause
(d) by striking out “Minister of Family and Community Services”
and substituting “Minister
of Social Development”;
(b) in clause
(e) by striking out “Minister of Family and Community Services”
and substituting “Minister
of Social Development”;
(c) in subclause
(f)(ii) by striking out “Minister of Family and Community Services”
wherever it appears and substituting “Minister of Social Development”.
Legal Aid Act
31 Paragraph
6(1)(f) of the Legal Aid Act, chapter L-2 of the Revised Statutes,
1973, is repealed and the following is substituted:
(f) the Deputy Minister of Social Development
or his or her designate, and
New Brunswick Housing
Act
32 Subsection 1(1) of the New Brunswick Housing
Act, chapter N-6 of the Revised Statutes, 1973, is amended by repealing
the definition “Minister” and substituting the following:
“Minister” means the Minister
of Social Development; (Ministre)
Nursing Homes Act
33 Section
1 of the Nursing Homes Act, chapter N-11 of the Acts of New Brunswick,
1982, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Social Development and includes any person designated
by the Minister to act on the Minister’s behalf; (Ministre)
Regulation under the Nursing Homes Act
34 Paragraph
40.2(4)(c) of New Brunswick Regulation 85-187 under the Nursing Homes
Act is amended by striking out “Department of Family and Community
Services” and substituting “Department of Social Development”.
Police Act
35 Paragraph
12(1)(f.1) of the Police Act, chapter P-9.2 of the Acts of New Brunswick,
1977, is amended by striking out “Minister of Family and Community
Services” and substituting “Minister of Social Development”.
Regulation under the Public Purchasing Act
36(1) Section 41 of New Brunswick Regulation 94-157 under the Public Purchasing
Act is amended in the portion preceding paragraph (a) by striking
out “Department of Family and Community Services” and
substituting “Department
of Social Development”.
36(2) Schedule A of the Regulation is amended
(a) by striking out
Department
of Family and Community Services
(b) by adding the following
in alphabetical order:
Department of Social Development
Public Service Labour
Relations Act
37 The
First Schedule of the Public Service Labour Relations Act, chapter
P-25 of the Revised Statutes, 1973, is amended in Part I
(a) by striking out
Department
of Family and Community Services
(b) by adding the following
in alphabetical order:
Department of Social Development
Regulation under the Right to Information Act
38 Schedule
A of New Brunswick Regulation 85-68 under the Right to Information
Act is amended
(a) by striking out
Department
of Family and Community Services
(b) by adding the following
in alphabetical order:
Department of Social Development
Smoke-free Places Act
39 Subsection
1(1) of the Smoke-free Places Act, chapter S-9.5 of the Acts of New
Brunswick, 2004, is amended in the definition “group living
facility”
(a) in paragraph (d) by
striking out “Minister of Family and Community Services”
and substituting “Minister
of Social Development”;
(b) in paragraph (e) by
striking out “Minister of Family and Community Services”
and substituting “Minister
of Social Development”.
Support
Enforcement Act
40(1) Section 1 of the Support Enforcement Act, chapter S-15.5 of the Acts
of New Brunswick, 2005, is amended in paragraph (b) of the definition “beneficiary”
by striking out “Minister of Family and Community Services”
and substituting “Minister
of Social Development”.
40(2) Paragraph 5(2)(c) of the Act is amended
by striking out “Minister of Family and Community Services”
and substituting “Minister
of Social Development”.
40(3) Paragraph 6(1)(b) of the Act is amended
by striking out “Minister of Family and Community Services”
and substituting “Minister
of Social Development”.
40(4) Paragraph 7(4)(c) of the Act is amended
by striking out “Minister of Family and Community Services”
and substituting “Minister
of Social Development”.
40(5) Section 9 of the Act is amended
(a) in subsection (3) by striking out “Minister
of Family and Community Services” and substituting “Minister of Social Development”;
(b) in paragraph (7)(c)
by striking out “Minister of Family and Community Services”
and substituting “Minister
of Social Development”;
(c) in paragraph (8)(a)
by striking out “Minister of Family and Community Services”
and substituting “Minister
of Social Development”.
40(6) Paragraph 30(5)(c) of the Act is amended
by striking out “Minister of Family and Community Services”
and substituting “Minister
of Social Development”.
40(7) Subparagraph 36(3)(b)(ii) of the Act is
amended by striking out “Minister of Family and Community Services”
and substituting “Minister
of Social Development”.
40(8) Subsection 38(4) of the Act is amended
by striking out “Minister of Family and Community Services”
and substituting “Minister
of Social Development”.
40(9) The heading preceding section 51 of the
Act is repealed and the following is substituted:
Certificate signed by Minister of Social
Development
40(10) Section 51 of the Act is amended
(a) in the portion preceding
paragraph (a) by striking out “Minister of Family and Community
Services” and substituting “Minister of Social Development”;
(b) in paragraph (a) by
striking out “Minister of Family and Community Services”
and substituting “Minister
of Social Development”.
Vocational
Rehabilitation of Disabled Persons Act
41 Section
1 of the Vocational Rehabilitation of Disabled Persons Act, chapter
V-4 of the Acts of New Brunswick, 1989, is amended
(a) by repealing
the definition “Department” and substituting the following:
“Department” means the Department
of Social Development; (Ministère)
(b) by repealing the definition “Minister”
and substituting the following:
“Minister” means the Minister
of Social Development and includes any person designated by the Minister
to act on behalf of the Minister; (Ministre)
COMMENCEMENT
42 This Act shall be deemed to have come into
force on December 19, 2007.