BILL 77

An Act Respecting the Agricultural Development Board, the New Brunswick Fisheries and Aquaculture Development Board and the Transfer of Responsibility for Financial Assistance Programs

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

Agricultural Development Act

1(1) Section 1 of the Agricultural Development Act, chapter A-5.1 of the Revised Statutes, 1973, is amended in the definition “Minister” by striking out “Business New Brunswick” and substituting “Agriculture and Aquaculture”.

1(2) Section 2 of the Act is amended

(a)  by adding after subsection (1.1) the following:

2(1.2) A member of the Board who held office immediately before the commencement of this subsection continues in office until the member resigns or is reappointed or replaced.

(b)  by repealing subsection (2) and substituting the following:

2(2) The Lieutenant-Governor in Council may appoint a minimum of 5 members and a maximum of 9 members to the Board, all or some of whom may be employees of the Civil Service as defined in the Civil Service Act.

(c)  by adding after subsection (2) the following:

2(3) The Lieutenant-Governor in Council shall designate a Chair and Vice-Chair from among the members of the Board.

1(3) The Act is amended by adding after section 2 the following:

Term of office

2.1(1) The members of the Board shall be appointed for a term not exceeding 3 years and are eligible for reappointment.

2.1(2) Any appointment to the Board may be revoked by the Lieutenant-Governor in Council for cause.

2.1(3) Despite subsection (1) and subject to subsection (2), a member of the Board shall remain in office until the member resigns or is reappointed or replaced.

Vacancy or temporary absence

2.2(1) When a vacancy occurs on the Board, the Lieutenant-Governor in Council may appoint a person to fill the vacancy for the balance of the term of the member replaced.

2.2(2) The Lieutenant-Governor in Council may, in the case of the temporary absence, illness or incapacity to act of any member of the Board, appoint a substitute for the member for the period of the temporary absence, illness or incapacity.

2.2(3) A vacancy on the Board does not impair the capacity of the Board to act.

Quorum

2.3 A majority of the members of the Board, one of whom shall be the Chair or the Vice-Chair, constitute a quorum.

Remuneration and expenses

2.4(1) Each member of the Board who is not an employee of the Civil Service as defined in the Civil Service Act is entitled to be paid remuneration in accordance with the regulations.

2.4(2) Each member of the Board is entitled to be reimbursed in accordance with the regulations for the travelling and living expenses incurred by the member in the performance of his or her duties.

1(4) Subsection 13(1) of the Act is amended

(a)  by adding after paragraph (d) the following:

(d.01)  respecting remuneration for members of the Board;

(d.02)  respecting travelling and living expenses for which members of the Board are entitled to be reimbursed;

(b)  by repealing paragraph (d.2);

(c)  by repealing paragraph (d.3).

Farm Credit Corporation Assistance Act

2(1) Section 2 of the Farm Credit Corporation Assistance Act, chapter F-4 of the Revised Statutes, 1973, is amended in the portion preceding paragraph (a) by striking out “Business New Brunswick” and substituting “Agriculture and Aquaculture”.

2(2) Paragraph 3(a) of the Act is amended by striking out “Business New Brunswick” and substituting “Agriculture and Aquaculture”.

Farm Improvement Assistance Loans Act

3(1) Section 2 of the Farm Improvement Assistance Loans Act, chapter F-5 of the Revised Statutes, 1973, is amended in the portion preceding paragraph (a) by striking out “Business New Brunswick” and substituting “Agriculture and Aquaculture”.

3(2) Paragraph 3(a) of the Act is amended by striking out “Business New Brunswick” and substituting “Agriculture and Aquaculture”.

Farm Machinery Loans Act

4 Section 1 of the Farm Machinery Loans Act, chapter F-6 of the Revised Statutes, 1973, is amended in the definition “Minister” by striking out “Business New Brunswick” and substituting “Agriculture and Aquaculture”.

Fisheries Development Act

5(1) The title of the Fisheries Development Act, chapter 15.1 of the Acts of New Brunswick, 1977, is repealed and the following is substituted:

Fisheries and Aquaculture Development Act

5(2) If 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 Fisheries Development Act, it shall be read, unless the context otherwise requires, as a reference to the Fisheries and Aquaculture Development Act.

5(3) Section 1 of the Act is amended

(a)  by repealing the definition “Board” and substituting the following:

“Board” means the New Brunswick Fisheries and Aquaculture Development Board continued under section 4; (Conseil)

(b)  by repealing the definition “fisheries” and substituting the following:

“fisheries” means the business of catching, harvesting and handling of fish directly or indirectly by a fisher; (activités de pêche)

(c)  by repealing the definition “fisherman”;

(d)  by repealing the definition “Minister” and substituting the following:

“Minister” means (Ministre)

(a)  with respect to financial assistance that aids and encourages the establishment or development of fisheries in the Province, the Minister of Fisheries and includes any person designated by the Minister to act on the Minister’s behalf, and

(b)  with respect to financial assistance that aids and encourages the establishment or development of aquaculture in the Province, the Minister of Agriculture and Aquaculture and includes any person designated by the Minister to act on the Minister’s behalf.

(e)  by adding the following definitions in alphabetical order:

“aquaculture” means aquaculture as defined in the Aquaculture Act; (aquaculture)

“aquaculturist” means a person who holds an aquaculture licence issued under the Aquaculture Act; (aquaculturist)

“fisher” includes groups, companies, partnerships, cooperatives and associations of fishers; (pêcheur)

5(4) Section 3 of the Act is amended

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

3(1) 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 the establishment or development of fisheries in the Province.

(b)  by adding after subsection (1) the following:

3(1.1) 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 the establishment or development of aquaculture in the Province.

3(1.2) Financial assistance provided under subsections (1) and (1.1) shall be in accordance with terms and conditions specified in the approval of the Lieutenant-Governor in Council or, if the Minister is authorized by the regulations to provide financial assistance, the terms and conditions specified by the Minister.

(c)  in subsection (2) by striking out “subsection (1)” and substituting “subsection (1) or (1.1)”;

(d)  in subsection (3) by striking out “subsection (1)” and substituting “subsection (1) or (1.1)”.

5(5) Section 4 of the Act is repealed and the following is substituted:

Continuation and composition of Board

4(1) The New Brunswick Fisheries Development Board is continued under the name New Brunswick Fisheries and Aquaculture Development Board.

4(2) A member of the Board who held office immediately before the commencement of this subsection continues in office until the member resigns or is reappointed or replaced.

4(3) The change in name of the Board does not affect the rights and obligations of the Board and all proceedings that might have been continued or commenced by or against the Board under its former name may be continued or commenced by or against the Board under its new name.

4(4) Any reference to the New Brunswick Fisheries Development Board in any other Act or in any regulation, rule, order, by-law, agreement or other instrument or document shall be read as a reference to the New Brunswick Fisheries and Aquaculture Development Board unless the context otherwise requires.

4(5) The Lieutenant-Governor in Council may appoint a minimum of 5 members and a maximum of 9 members to the Board, all or some of whom may be employees of the Civil Service as defined in the Civil Service Act.

4(6) The Lieutenant-Governor in Council shall designate a Chair and Vice-Chair from among the members of the Board.

5(6) The Act is amended by adding after section 4 the following:

Term of office

4.1(1) The members of the Board shall be appointed for a term not exceeding 3 years and are eligible for reappointment.

4.1(2) Any appointment to the Board may be revoked by the Lieutenant-Governor in Council for cause.

4.1(3) Despite subsection (1) and subject to subsection (2), a member of the Board shall remain in office until the member resigns or is reappointed or replaced.

Vacancy or temporary absence

4.2(1) When a vacancy occurs on the Board, the Lieutenant-Governor in Council may appoint a person to fill the vacancy for the balance of the term of the member replaced.

4.2(2) The Lieutenant-Governor in Council may, in the case of the temporary absence, illness or incapacity to act of any member of the Board, appoint a substitute for the member for the period of the temporary absence, illness or incapacity.

4.2(3) A vacancy on the Board does not impair the capacity of the Board to act.

Quorum

4.3 A majority of the members of the Board, one of whom shall be the Chair or the Vice-Chair, constitute a quorum.

Remuneration and expenses

4.4(1) Each member of the Board who is not an employee of the Civil Service as defined in the Civil Service Act is entitled to be paid remuneration in accordance with the regulations.

4.4(2) Each member of the Board is entitled to be reimbursed in accordance with the regulations for the travelling and living expenses incurred by the member in the performance of his or her duties.

5(7) Subsection 5(1) of the Act is amended in the portion preceding paragraph (a) by striking out “subsection 3(1)” and substituting “subsection 3(1) or (1.1)”.

5(8) Subsection 7(1) of the Act is amended

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

(a)  respecting remuneration for members of the Board;

(b)  by adding after paragraph (a) the following:

(a.1)  respecting travelling and living expenses for which members of the Board are entitled to be reimbursed;

(c)  by adding after paragraph (b) the following:

(b.1)  despite the definition of “aquaculture”, prescribing commercial or business activities ancillary to the aquaculture industry that may or may not be granted financial assistance under subsection 3(1.1);

(d)  in paragraph (e) by striking out “fisherman” and substituting “fisher or aquaculturist”;

(e)  in paragraph (h) by striking out “fishermen” and substituting “fishers and aquaculturists”.

5(9) Subsection 10(7) of the Act is amended

(a)  by striking out “Fisheries Development Act, chapter F-15.1” wherever it appears and substituting “Fisheries and Aquaculture Development Act, chapter F-15.001”;

(b)  by striking out “MINISTER OF BUSINESS NEW BRUNSWICK” and substituting “MINISTER OF ____________”.

Livestock Incentives Act

6 Section 1 of the Livestock Incentives Act, chapter L-11 of the Revised Statutes, 1973, is amended in the definition “Minister” by striking out “Business New Brunswick” and substituting “Agriculture and Aquaculture”.

COMMENCEMENT

7 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

Chapter Outline Update

1

Strike out the entries for subsections 2(1), (1.1) and 2(2) and substitute the following:

Continuation and composition of Board2