BILL 12
New Brunswick Internal Services
Agency Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definitions
1 The
following definitions apply in this Act.
“Agency” means the body corporate
established under section 2 under
the name New Brunswick Internal Services Agency. (agence)
“Board” means the board of
directors of the Agency. (conseil d’administration)
“civil service” means Civil
Service as defined pursuant to the Civil
Service Act. (fonction publique)
“common services” means those
services prescribed by regulation. (services communs)
“Minister” means the member
of the Executive Council designated by the Lieutenant-Governor in
Council to administer this Act. (ministre)
“Part I of the public service”
means those portions of the public service listed in Part I of the
First Schedule of the Public Service
Labour Relations Act. (partie I des services publics)
“public service” means public
service as defined in the Public
Service Labour Relations Act. (services
publics)
Agency established
2(1)
There is established a body corporate to be known as the New Brunswick
Internal Services Agency consisting of those persons who from time
to time comprise the board of directors.
2(2)
The Agency is for all purposes of this Act an agent of Her Majesty
in right of the Province.
2(3)
The Agency may contract in its corporate name without specific reference
to Her Majesty.
2(4)
All property, whether real or personal, acquired for the purposes
of this Act is vested in the Agency as agent of Her Majesty in right
of the Province and may be dealt with, leased, sold or otherwise disposed
of by the Agency in its corporate name.
2(5)
Any revenues of the Agency shall be used for the purpose of carrying
out its objects and purposes.
Head office
3 The
head office of the Agency shall be established by by-law of the Board.
Objects and purposes
4 The
objects and purposes of the Agency are
(a) to
provide common services and other services to the civil service and
the public service,
(b) to
streamline processes in order to provide services in a more efficient
and effective manner,
(c) to
acquire and maintain the infrastructure needed to support the delivery
of services,
(d) to
identify, promote and implement best practices for the delivery of
services by the civil service and the public service,
(e) to
provide services, including common services, other governments or
levels of government or their agencies or institutions, and
(f) to
carry out such other activities relating to the provision of common
services or other services as directed by the Lieutenant-Governor
in Council.
Powers
5(1)
The Agency has the power to do anything that the Agency considers
necessary or convenient for, or incidental or conducive to, the carrying
out of its objects and also to do such other things as a company is
empowered to do under subsection 14(1) of the Companies Act.
5(2)
The Agency may
(a) enter
into contracts or partnerships with persons for the provision of services,
including common services,
(b) enter
into agreements for the sale of services, including common services,
with other governments or levels of government or their agencies or
institutions,
(c) assume
the assignment of contracts between Her Majesty the Queen in right
of the Province and other persons related to the provision of services,
including common services,
(d) enter
into memorandums of understanding with deputy heads or chief executive
officers within the civil service or public service relating to the
method, amount or other matters related to the provision of services,
including common services, provided by or through the Agency, or
(e) enter
into one or more memorandums of understanding with the Minister of
Finance for funding multi-year projects and undertakings on the basis
of anticipated efficiencies and savings in the delivery of services,
including common services.
Common services
6 On
and after the date prescribed by regulation, common services shall
not be provided by or within the prescribed portions of the civil
service or Part I of the public service except by or through the Agency.
Application of Companies Act
7 The
provisions of the Companies Act apply
to the Agency so far as they are not inconsistent with the provisions
of this Act.
Board of directors
8(1)
The board of directors of the Agency shall consist of
(a) not
fewer than 9 and not more than 11 members, appointed in accordance
with this section, and
(b) the
President of the Agency.
8(2)
The members of the Board are directors of the Agency within the meaning
of the Companies Act, except
where inconsistent with this Act.
8(3)
The Minister shall appoint 9 members of the Board, all of whom shall
be employed within the public service and at least 6 of whom shall
be deputy heads within the civil service.
8(4)
The Lieutenant-Governor in Council, on the recommendation of the Minister,
may appoint 2 members of the Board who shall not be employed within
the civil service or the public service.
Term of office
9(1)
A member of the Board, other than the President, shall be appointed
for a term of 3 years.
9(2)
Each member of the Board, other than the President, remains in office,
notwithstanding the expiry of his or her term, until the member resigns,
is reappointed or replaced or, if a deputy head on appointment, is
no longer a deputy head.
9(3)
Subject to subsection 17(6), if
a vacancy occurs on the Board, the person who appointed the member
may appoint a person to fill the vacancy for the balance of the term
of the member replaced or for a full term.
9(4)
A vacancy on the Board does not impair the capacity of the Board to
act.
9(5) Any person appointed to the Board,
other than the President, who is not a member of the civil service
shall not be appointed for more than 2 consecutive terms.
Chairperson and Vice-Chairperson
10(1)
Subject to subsection (2), the Chairperson and a Vice-Chairperson
of the Board shall be selected by the board members from among themselves.
10(2)
The Chairperson and the Vice-Chairperson shall both be deputy heads
in the civil service.
Remuneration and expenses
11(1)
No member of the Board, other than the President, shall be paid remuneration
in respect of his or her duties as a member of the board.
11(2)
Each member of the Board is entitled to be paid such travelling and
living expenses incurred by the member in the performance of the member’s
duties as fixed by the Board of Management travel policy guidelines,
as amended.
Board to administer affairs of
Agency
12 The Board shall administer the affairs
of the Agency and all decisions and actions of the Board are to be
based generally on sound business practices.
Quorum
13 A
majority of the members of the Board constitute a quorum.
Secretary of the Board
14 The
Board shall appoint an employee of the Agency to be secretary of the
Board who shall perform such duties and functions as the Board may
direct.
Meetings
15(1)
The Board of Directors shall meet as required but shall meet at least
4 times during a fiscal year.
15(2)
The Board shall ensure that minutes of each meeting are taken, which
minutes shall be approved by the Board and certified as correct by
the secretary.
15(3)
A copy of the minutes of each meeting, certified to be correct by
the secretary of the Board, shall be submitted to the Minister after
each meeting of the Board.
By-laws
16 Subject
to this Act, the Board may, with the approval of the Lieutenant-Governor
in Council, make by-laws for the control and management of the business
and affairs of the Agency.
President
17(1)
The Lieutenant-Governor in Council shall appoint a President of the
Agency who shall be the chief executive officer of the Agency.
17(2)
The President is charged with the supervision, operation and control
of the business of the Agency and may exercise such other powers as
may be conferred on the President by the by-laws of the Agency.
17(3)
The President is an ex officio member
of the Board.
17(4)
The President may be removed for cause by the Lieutenant-Governor
in Council.
17(5) The Public
Service Superannuation Act applies to the President.
17(6)
If the position of President is vacant, the Board may appoint a person
to temporarily act in that capacity until the Lieutenant-Governor
in Council appoints a President.
Conflict of interest
18(1)
A member of the Board shall disclose in writing to the Agency or request
to have entered in the minutes of the meetings of the Board the nature
and extent of the member’s interest in the following circumstances:
(a) the
member is a party to a material contract or proposed material contract
with the Agency; or
(b) the
member is a director or an officer of or has a material interest in
any person who is a party to a material contract or proposed material
contract with the Agency.
18(2)
The disclosure required by subsection (1) shall be made
(a) at
the meeting at which a proposed contract is first considered,
(b) if
the member was not then interested in a proposed contract, at the
first meeting after the member becomes so interested,
(c) if
the member becomes interested after a contract is made, at the first
meeting after the member becomes so interested, or
(d) if
a person who is interested in a contract later becomes a member, at
the first meeting after the person becomes a member.
18(3)
If a material contract or proposed material contract is one that,
in the ordinary course of the Agency’s business, would not require
approval by the members of the Board, a member shall disclose in writing
to the Agency or request to have entered in the minutes of the meetings
of the Board the nature and extent of the member’s interest
immediately after the member becomes aware of the contract or proposed
contract.
18(4) A member referred to in subsection (1)
shall not be counted in the quorum, shall not be present and shall
not vote at any meeting on any resolution to approve the contract.
18(5)
For the purposes of subsections (2) and (3), a general notice to the
members of the Board by a member declaring that the member is a director
or officer of or has a material interest in a person and is to be
regarded as interested in any contract made with that person, is a
sufficient declaration of interest in relation to any contract so
made.
18(6) A member of the Board who has any pecuniary
or proprietary interest other than one referred to in paragraph (1)(a) or (b)
that puts the member’s interest in conflict with that of the
Agency, or might reasonably be expected to do so, shall disclose in
writing to the Agency or request to have entered in the minutes of
meetings of the Board the nature and extent of the member’s
interest.
18(7) The disclosure required by subsection (6)
shall be made immediately after the member becomes aware of the member’s
interest.
18(8) For the purposes of subsections (6)
and (7), a general notice to the members of the Board by a member
declaring that the member has a pecuniary or proprietary interest
other than one referred to in paragraph (1)(a) or (b)
that puts the member’s interest in conflict with that of the
Agency, or might reasonably be expected to do so, is a sufficient
declaration of the member’s interest.
18(9)
A member of the Board who is a deputy head or a member of the public
service does not have a conflict under this section by virtue only
of the fact that he or she is a deputy head or a member of the public
service.
Indemnity
19 Every
member or former member of the Board, and the heirs, executors, estate
and effects of every such member shall be indemnified and saved harmless
out of the funds of the Agency with respect to all costs, charges
and expenses that such member incurs in relation to any action or
other proceeding brought or prosecuted against him or her in connection
with his or her duties as a member of the Board and with respect to
all other costs, charges and expenses he or she incurs in connection
with those duties, except costs, charges and expenses that are occasioned
by his or her own wilful neglect or wilful default.
Employees
20(1)
Subject to sections 5 and 6 of the Financial
Administration Act, the Agency may appoint employees.
20(2)
Employees appointed to a position within the Agency shall be appointed
on the basis of merit.
20(3)
The Public Service Superannuation
Act applies to the employees of the Agency.
Money to be paid to Agency
21 All
money received from the sale or provision of services or otherwise
accruing to the Agency shall be paid to the Agency.
Fees for services
22(1)
Where provided under a memorandum of understanding referred to in
paragraph 5(2)(d), the Agency may charge for common
services or other services provided by or through the Agency based
on consumption or service level.
22(2)
The Agency may charge for services, including common services, provided
to another government or level of government or its agencies or institutions
or any other organization, person or body, and the fees may be charged
based on consumption or service level.
Funding from Consolidated Fund
23 If
at the end of a fiscal year, any money appropriated for the Agency’s
purposes has not been used, the Minister of Finance shall transfer
that unused portion of the appropriation from the Consolidated Fund
to the Agency.
Holding over of funds
24(1)
Notwithstanding the Financial Administration
Act, but subject to subsection (2), the Agency may hold funds
over any fiscal year, whether received from the Consolidated Fund
or from another source.
24(2)
The Minister of Finance may direct that any funds that would otherwise
be held over be paid into the Consolidated Fund.
Banking arrangements
25(1)
The Agency shall maintain in its own name one or more accounts in
any chartered bank designated by the Minister of Finance.
25(2)
Notwithstanding the Financial Administration
Act, all money received by the Agency through the conduct of
its operations or otherwise is to be deposited to the credit of the
accounts established under subsection (1) and shall be administered
by the Agency or on behalf of the Agency by the Comptroller exclusively
in the exercise and performance of its powers, duties and functions.
Expenses
26 The
Agency shall pay the remuneration and expenses of the President, the
expenses of the other members of the Board and of the employees of
the Agency, and generally all costs, charges and expenses incurred
and payable on respect of the conduct of the business and affairs
of the Agency.
Fiscal year
27 The
fiscal year of the Agency ends on March 31 in each year.
Multi-year business plan
28(1)
The Board shall submit to the Executive Council a multi-year business
plan outlining the intended direction of the Agency, and the anticipated
source and use of revenues and anticipated allocations from the Consolidated
Fund.
28(2) The Board shall report annually on
the progress or any revisions to the plan.
Budget
29(1)
The Board shall, on or before December 31 in each year, prepare and
submit to the Board of Management a proposed budget containing estimates
of the amounts required for the operation of the Agency for the next
fiscal year, and shall include a provision for any loans or advancements
required by the Agency.
29(2)
The Secretary of the Board of Management may make a report on the
budget containing such recommendations as the Secretary considers
appropriate to the Chairperson of the Board within 30 days after receiving
the budget.
29(3) If in any fiscal year it appears that
the actual revenue or expenditure of the Agency is likely to be substantially
greater or less than estimated in its budget, the Board shall submit
to the Board of Management a revised budget containing the particulars
required under subsection (1).
Audit
30 The
accounts of the Agency shall be audited at least once a year by an
auditor appointed by the Agency, and may be audited by the Auditor
General at any time on his or her initiative or on the request of
the Lieutenant-Governor in Council.
Reports
31(1)
The Agency shall, within 6 months after the end of each fiscal year,
submit to the Minister an annual report, containing the auditor’s
report and such other information as may be required by the Minister
in respect of the business and affairs of the Agency during the fiscal
year.
31(2) The Minister shall lay the report before
the Legislative Assembly if it is in session or, if not, at the next
ensuing session.
31(3)
The Agency shall provide to the Minister such information in respect
of the business and affairs of the Agency as the Minister may request
from time to time.
Regulations
32 The
Board of Management, with the approval of the Lieutenant-Governor
in Council, may make regulations
(a) prescribing
common services;
(b) prescribing
portions of the civil service or Part I of the public service for
the purposes of section 6;
(c) prescribing
the date after which the prescribed portions of the civil service
or Part I of the public service may only obtain common services by
or through the Agency.
Proceedings Against
the Crown Act
33 The
definition “Crown corporation” in the Proceedings Against
the Crown Act, chapter P-18 of the Revised Statutes, 1973, is amended
by adding “New
Brunswick Internal Services Agency,” after “Service New Brunswick,”.
Public Service Labour
Relations Act
34 The
First Schedule of the Public Service Labour Relations Act, chapter
P-25 of the Revised Statutes, 1973, is amended in Part I by adding
after “New Brunswick Housing Corporation” the following:
New Brunswick Internal Services Agency
Commencement
35 This
Act or any provision of this Act comes into force on a day or days
to be fixed by proclamation.