BILL 14
An Act to Amend the
Public Works Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section
1 of the Public Works Act, chapter P-28 of the Revised Statutes of
New Brunswick, 1973, is amended in the definition “public work”
in the portion preceding paragraph (a) by striking out “includes
all lands and buildings” and substituting “includes all lands and buildings
designated as public works by regulation or by the Minister and all
lands and buildings”.
2 The Act is amended by adding after section
1 the following:
Lands and buildings designated
as public works
1.1(1) Sections 12 and 12.01 do not apply to lands and buildings
designated as public works by regulation or by the Minister.
1.1(2) Despite section 2 of the Marshland
Reclamation Act, the Minister has sole responsibility for the
construction, reconstruction, recondition, repair, maintenance, conduct
and operation of dykes, aboiteaux, breakwaters, canals, ditches, drains,
roads and other structures, excavations and facilities for the reclamation,
development, improvement or protection of marshland on lands designated
as public works by regulation or by the Minister.
3 Section
12.2 of the Act is repealed and the following is substituted:
12.2(1) The Lieutenant-Governor in Council
may make regulations
(a) prescribing expenses relating to
the administration of the Land Management Fund that are payable out
of the Land Management Fund;
(b) designating lands and buildings
as public works, including lands and buildings referred to in paragraphs
(a) to (f) of the definition “public work” in section
1;
(c) authorizing the Minister to designate
lands and buildings as public works, including lands and buildings
referred to in paragraphs (a) to (f) of the definition “public
work” in section 1;
(d) exempting the lands and buildings
referred to in paragraphs (b) or (c), or any portion of them, from
the application of the Mechanics’
Lien Act.
12.2(2) A regulation under paragraph (1)(b), (c) or (d) may be retroactive
to any date, including a date before the commencement of this section.
COMMENCEMENT
4 This Act comes into force on a day to be
fixed by proclamation.