BILL 68

An Act to Amend the Order of New Brunswick Act

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

1 Section 14 of the Order of New Brunswick Act, chapter O-5.01 of the Acts of New Brunswick, 2000, is amended

(a)  in subsection (1)

(i) by repealing paragraph (a) and substituting the following:

(a)  a non-voting chairperson, who is either the Chief Justice of New Brunswick or the Chief Justice of The Court of Queen’s Bench of New Brunswick, alternating with each other for terms of three years,

(ii) in paragraph (b) by striking out “three” and substituting “two”;

(iii) by repealing subparagraph (b)(i);

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

14(3) The members of the council appointed under paragraph (1)(c) are eligible for reappointment for one additional term of not more than three years.

2 The Act is amended by adding after section 14 the following:

Absence of chairperson

14.1(1) If the chairperson is absent or unable to act, the alternating Chief Justice shall act on behalf of the chairperson.

14.1(2) If neither Chief Justice is able to act as chairperson, the members of the council shall elect from among themselves a member to act as chairperson.

14.1(3) A member who is elected chairperson may vote on any matter before the council.

3 Notwithstanding the order in which the Chief Justice of New Brunswick and the Chief Justice of The Court of Queen’s Bench of New Brunswick appear in paragraph 14(1)(a) of the Order of New Brunswick Act, the Chief Justice of The Court of Queen’s Bench of New Brunswick shall serve as the next chairperson of the Order of New Brunswick Advisory Council as of January 31, 2010.

4 This Act comes into force on January 31, 2010.