BILL 30
New Brunswick Community Colleges Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
DEFINITIONS AND APPLICATION
Definitions
1 The following definitions apply in this Act.
“board” means a board of governors established under section 9 or 10. (conseil)
“by-laws” means the by-laws of a corporation. (règlements administratifs)
“corporation” means a corporation established under subsection 3(1). (société)
“Crown” means Her Majesty in right of the Province. (Couronne)
“Minister” means the Minister of Post-Secondary Education, Training and Labour. (ministre)
“president and chief executive officer” means a president and chief executive officer appointed in accordance with section 15. (président-directeur général)
Application of Regulations Act
2 The Regulations Act does not apply to the following:
(a)  a by-law made under this Act; and
(b)  a guideline made under this Act.
COLLEGE CORPORATIONS
Establishment of the corporations
3(1) The following corporations are established:
(a)  the New Brunswick Community College (NBCC); and
(b)  the Collège communautaire du Nouveau-Brunswick (CCNB).
3(2) The New Brunswick Community College (NBCC) is comprised of the campuses listed in Schedule A and the Collège communautaire du Nouveau-Brunswick (CCNB) is comprised of the campuses listed in Schedule B.
3(3) On the written request of the board of a corporation, the Lieutenant-Governor in Council may change the name of that corporation.
Head office
4(1) The head office of the New Brunswick Community College (NBCC) is at The City of Fredericton.
4(2) The head office of the Collège communautaire du Nouveau-Brunswick (CCNB) is at the City of Bathurst.
4(3) On the written request of the board of a corporation, the Lieutenant-Governor in Council may change the location of the head office of that corporation.
Language
5 The New Brunswick Community College (NBCC) shall be organized in the English language and the Collège communautaire du Nouveau-Brunswick (CCNB) shall be organized in the French language.
Objects and purposes
6 As a post-secondary institution, each corporation is responsible for enhancing the economic and social well-being of the Province by addressing the occupational training requirements of the population and of the labour market of the Province and, without restricting the generality of the foregoing, the objects of each corporation are
(a)  to offer education and training and related services to full-time and part-time students,
(b)  to provide education and training and related services to governments, corporations and other bodies and persons,
(c)  to participate in joint programs with respect to education and training and related services developed and delivered in conjunction with other post-secondary institutions and educational bodies, and
(d)  to carry out the other activities or duties authorized or required by this Act.
Powers
7 Subject to this Act, in respect of its objects and purposes, each corporation has the capacity and the rights, powers and privileges of a natural person.
Agent of the Crown
8 Each corporation is an agent of the Crown.
BOARD OF GOVERNORS AND PRESIDENT AND CHIEF EXECUTIVE OFFICER
Board of governors
9(1) The business and affairs of each corporation shall be directed and controlled by a board of governors in accordance with this Act.
9(2) Each board shall consist of 9 to 15 members appointed under this section.
9(3) The Lieutenant-Governor in Council shall appoint the following persons to each board:
(a)  the persons nominated by that board;
(b)  the persons nominated by the Minister;
(c)  one academic staff person of that corporation, nominated by its academic staff;
(d)  one non-academic staff person of that corporation, nominated by its non-academic staff; and
(e)  one student of that corporation, nominated by its students.
9(4) Each board shall nominate a minimum of 3 persons and a maximum of 6 persons for the purpose of paragraph (3)(a).
9(5) The Minister shall nominate a minimum of 3 persons and a maximum of 6 persons for the purpose of paragraph (3)(b).
9(6) When nominating a person under subsection (4), a board shall have regard to gender, geographic representation and the competencies determined by the Minister as necessary to ensure the appropriate skills for the board.
9(7) When nominating a person under subsection (5), the Minister shall have regard to gender, geographic representation and the competencies determined by the Minister as necessary to ensure the appropriate skills for the board.
9(8) Each board shall elect a chair and vice-chair from among its members.
9(9) The vice-chair shall act when the chair is unable or unwilling to act for any reason.
First board of governors
10(1) Despite subsection 9(2), the first board of governors of each corporation shall consist of 9 to 15 members appointed under this section.
10(2) The Lieutenant-Governor in Council shall appoint the following persons to each first board:
(a)  the persons nominated by the Minister;
(b)  one academic staff person of that corporation, nominated by its academic staff;
(c)  one non-academic staff person of that corporation, nominated by its non-academic staff; and
(d)  one student of that corporation, nominated by its students.
10(3) The Minister shall nominate a minimum of 6 persons and a maximum of 12 persons for the purpose of paragraph (2)(a).
10(4) When nominating a person under subsection (3), the Minister shall have regard to gender, geographical representation and the competencies determined by the Minister as necessary to ensure the appropriate skills for that board.
10(5) From the commencement of this section until November 1, 2010, inclusive, the failure to appoint a person to a board under paragraph (2)(b), (c) or (d) does not impair the capacity of that board to act.
10(6) The Lieutenant-Governor in Council shall designate a chair for the first board of each corporation from among the members appointed under this section.
10(7) Each first board shall elect a vice-chair from among the members appointed under this section.
Term of office and vacancies
11(1) Subject to subsection (2), a member of a board shall be appointed for a term of up to 3 years.
11(2) A member of a board appointed under paragraph 9(3)(e) or 10(2)(d) shall be appointed for a term of up to 2 years.
11(3) The chair and vice-chair of each board shall be elected for a term of one year, or until the expiry of his or her term as a member of that board, whichever occurs first.
11(4) On the recommendation of a board, the Lieutenant-Governor in Council may revoke the appointment of a member of that board for cause.
11(5) A member of a board shall not be appointed for more than 2 consecutive terms.
11(6) Despite subsections (1) and (2), but subject to subsection (4), a member of a board remains in office until the member resigns or is reappointed or replaced.
11(7) A vacancy on a board does not impair the capacity of that board to act.
11(8) If a vacancy occurs during the term of a member of a board, a person may be appointed to serve the remainder of that member’s term.
11(9) An appointment under subsection (8) shall be made in accordance with the requirements of subsections 9(2) to (7).
11(10) The term of an appointment made under subsection (8) shall not be considered a term for the purpose of subsection (5).
Meetings and quorum
12(1) A majority of the members of a board, one of whom shall be the chair or the vice-chair, constitutes a quorum.
12(2) The board of each corporation shall meet at least 4 times in each fiscal year of that corporation.
Duties of members
13 A member of a board of a corporation shall, in exercising his or her powers and performing his or her duties,
(a)  act honestly and in good faith in the best interests of that corporation, and
(b)  exercise the care, diligence and skill that a reasonably prudent person would in comparable circumstances.
Remuneration and expenses
14(1) The members of a board shall be entitled to the remuneration and reimbursement of expenses that are fixed by the by-laws of the respective corporation.
14(2) Despite subsection (1), a by-law fixing the remuneration or rate of reimbursement for expenses of the members of a board is ineffective unless it has been approved by the Lieutenant-Governor in Council.
President and chief executive officer
15(1) Each board shall establish a process for appointing a president and chief executive officer in the by-laws and shall appoint a president and chief executive officer in accordance with that process.
15(2) The remuneration and benefits for each president and chief executive officer shall be established by the by-laws of the respective corporation.
15(3) Despite subsection (2), a by-law establishing the remuneration and benefits of a president and chief executive officer is ineffective until it has been approved by the Lieutenant-Governor in Council.
15(4) Subject to the direction of the board of a corporation, each president and chief executive officer is responsible for the general management and direction of the business of that corporation and may exercise the other powers that may be conferred on the president and chief executive officer by the by-laws.
15(5) The Public Service Superannuation Act applies to each president and chief executive officer.
15(6) The term of office of each president and chief executive officer is 5 years and may be renewed.
15(7) A president and chief executive officer may be removed for cause by the board.
15(8) A president and chief executive officer may appoint an employee of the corporation to act in his or her place if he or she is unable to act for any reason.
Immunity
16 No action lies for damages or otherwise against a board member or an employee of a corporation in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, by the person while acting under the authority of this or any other Act or regulation.
Indemnification
17 Every board member or employee of a corporation, or former board member or employee, and his or her heirs or legal representatives, shall be indemnified against all costs, charges and expenses incurred by him or her in relation to any action or other proceeding brought or prosecuted against him or her in connection with the duties of the person as a board member or employee and with respect to all other costs, charges and expenses that he or she incurs in connection with those duties, except costs, charges and expenses that are occasioned by that person’s own wilful neglect or wilful default.
ADDITIONAL POWERS, DUTIES AND RESPONSIBILITIES OF A CORPORATION
By-laws
18(1) Subject to this Act, the board of each corporation may make by-laws for the control and management of the business and affairs of that corporation.
18(2) The board of each corporation shall make by-laws governing:
(a)  conflict of interest of members of the board and employees of the corporation; and
(b)  the remuneration and other conditions of employment of the employees of the corporation.
18(3) A by-law under paragraph 2(b) shall be general in nature and not specific to any particular employee.
18(4) A by-law under paragraph 2(b) is ineffective until it has been approved by the Lieutenant-Governor in Council.
Guidelines
19(1) In this section, “guideline” means a guideline required under section 20, 21, 26 or 27. (ligne directrice)
19(2) Each guideline established by a corporation shall be submitted to the Minister for review and approval at least once in every fiscal year.
19(3) On receiving a guideline, the Minister shall approve the guideline or return it to the corporation with recommendations for amendments.
Programs of study
20(1) A program of study of a corporation shall be consistent with the objects and purposes of that corporation.
20(2) Each corporation shall establish guidelines for the following activities with respect to programs of study:
(a)  their evaluation;
(b)  their establishment;
(c)  their expansion;
(d)  their suspension; and
(e)  their transfer.
20(3) Each corporation shall evaluate, establish, expand, suspend or transfer a program of study in accordance with guidelines approved under section 19.
Services
21(1) A service provided by a corporation shall be consistent with the objects and purposes of that corporation.
21(2) Each corporation shall establish guidelines for the following activities with respect to services:
(a)  their evaluation;
(b)  their establishment;
(c)  their expansion; and
(d)  their suspension.
21(3) Each corporation shall evaluate, establish, expand, or suspend a service in accordance with guidelines approved under section 19.
Admissions, certificates and diplomas
22(1) Each corporation shall establish an admissions policy for students of that corporation.
22(2) Each corporation shall provide for the granting of certificates and diplomas for programs of study.
Student fees
23(1) Subject to subsection (2), each corporation shall set fees for the delivery of its services and programs.
23(2) Tuition fees and other compulsory student fees shall be subject to approval by the Minister.
REPORTING REQUIREMENTS OF A CORPORATION
Audited financial statements
24 A corporation shall prepare audited financial statements and submit them to the Minister on or before June 30 of each year.
Annual report
25(1) Each corporation shall submit an annual report to the Minister on the operations of that corporation for the previous fiscal year, at a time determined by the Minister.
25(2) An annual report shall contain the audited financial statements of that corporation.
25(3) The Minister shall lay the annual report before the Legislative Assembly if it is in session or, if not, at the next ensuing session.
Business plan
26(1) Each corporation shall establish guidelines for preparing an annual business plan.
26(2) Each corporation shall submit to the Minister a business plan for each fiscal year, prepared in accordance with guidelines approved under section 19.
Organizational and operational review
27(1) Each corporation shall establish guidelines for conducting an organizational and operational review.
27(2) Each corporation shall conduct an organizational and operational review in accordance with guidelines approved under section 19.
27(3) A corporation shall conduct a review under subsection (2) every 5 years, or sooner if the corporation so determines.
27(4) On the completion of an organizational and operational review, a corporation shall submit the results of the review to the Minister.
Strategic plan
28(1) Each corporation shall submit a 5-year strategic plan to the Minister for approval, at a time specified by the Minister.
28(2) On receiving the strategic plan for approval, the Minister shall approve the plan or return it to the corporation with recommendations for amendments.
Report to the Minister
29 Within 10 days after receiving a written request from the Minister, a corporation shall provide to the Minister any information that is specified in the request.
FINANCIAL MATTERS
Fiscal year
30 The fiscal year of each corporation begins on April 1 of one year and ends on March 31 in the next year.
Budget
31(1) Each corporation shall submit a proposed budget to the Minister for approval, at a time determined by the Minister, containing the estimates of the amount required for that corporation for the next fiscal year.
31(2) On receiving the proposed budget, the Minister shall approve the budget or return it to the corporation with recommendations for amendments.
Funding
32 In each year, the Minister shall provide funding to each corporation for the purposes of this Act out of the money appropriated by the Legislature for those purposes.
Audit
33 Each corporation shall appoint an external auditor to annually audit the records, accounts and financial transactions of that corporation.
Banking
34(1) Each board shall manage and control accounts in the name of the corporation in a bank, trust company or credit union designated by the Minister of Finance for the purposes of subsection 23(1) of the Financial Administration Act.
34(2) Despite the Financial Administration Act, all money received by each corporation 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 that corporation exclusively in the exercise and performance of its powers, duties and functions.
Borrowing
35 Subject to the approval of the Minister of Finance, each corporation may borrow money for the purposes of that corporation.
Surplus
36 Despite the Financial Administration Act, each corporation may retain from year to year all or part of a budgetary surplus that the corporation has realized in its operations.
Acquisition and disposal of real property
37(1) Subject to the approval of the Minister, each corporation may purchase, lease or otherwise acquire, hold, improve and maintain real property.
37(2) Subject to the approval of the Minister, each corporation may lease, sell or otherwise dispose of real property.
37(3) Despite subsections (1) and (2), a corporation does not require the approval of the Minister to enter into or to grant a lease for a term of less than 3 years.
EMPLOYEES OF A CORPORATION
Definition of “public service”
38 In sections 40, and 42 to 45, “public service” means the portion of the public service listed under Part I of the First Schedule of the Public Service Labour Relations Act. (services publics)
Employees of a corporation
39(1) An employee of a corporation shall be appointed in accordance with the staff requirements of that corporation and in accordance with the method of appointment established by the by-laws of that corporation.
39(2) The Public Service Superannuation Act applies to an employee of a corporation.
39(3) Subject to this Act, the Civil Service Act does not apply to an employee of a corporation.
39(4) Despite sections 5 and 6 of the Financial Administration Act, an employee of a corporation may participate in employee benefit programs established by the Board of Management, subject to the approval of the Minister of Human Resources and of that corporation.
Transfer of employees to a corporation
40(1) Subject to subsection (3), on the commencement of this section an employee of the New Brunswick Community College / Collège communautaire du Nouveau-Brunswick shall become an employee of either the New Brunswick Community College (NBCC) or the Collège communautaire du Nouveau-Brunswick (CCNB) established under this Act.
40(2) The Board of Management shall determine whether an employee in subsection (1) shall become an employee of the New Brunswick Community College (NBCC) or the Collège communautaire du Nouveau-Brunswick (CCNB).
40(3) On the commencement of this section, an employee of the New Brunswick College of Craft and Design or of the College Support Service Branch of the Department of Post-Secondary Education, Training and Labour shall not become an employee of the New Brunswick Community College (NBCC) or the Collège communautaire du Nouveau-Brunswick (CCNB).
40(4) Subject to subsection (5), the terms and conditions of employment of an employee referred to in subsection (1) shall continue until changed by a collective agreement or an employment contract.
40(5) Despite the Public Service Labour Relations Act and section 41, a collective agreement applicable to an employee referred to in subsection (1) immediately before the commencement of this section shall continue in force and binds the respective corporation as employer until a new collective agreement comes into effect.
40(6) Despite subsection (5), if notice to bargain collectively has been given and the employees in the bargaining unit have authorized strike action in accordance with the Public Service Labour Relations Act, section 46 of that Act applies.
40(7) The accumulated sick leave credits and vacation leave credits of an employee referred to in subsection (1) shall be recognized by the respective corporation.
40(8) The period of employment in the public service of an employee referred to in subsection (1) is deemed to be service with the respective corporation for the purpose of determining probationary periods, benefits or any other employment-related entitlements under the Employment Standards Act or any other Act or under any employment contract or collective agreement.
Application of Public Service Labour Relations Act
41(1) Within 15 days after the commencement of this section, or within such further time as is determined by the Labour and Employment Board, each corporation shall specify and define the occupational groups within each occupational category in paragraphs (a) to (e) in the definition “occupational category” in the Public Service Labour Relations Act in a manner so as to include all the employees of that corporation, and shall then publish notice of its action and of the specified and defined occupational groups in The Royal Gazette.
41(2) On publication of the notice in The Royal Gazette, the provisions in the Public Service Labour Relations Act respecting certification and collective bargaining shall be applied, with the necessary modifications, to the corporation as a separate employer under that Act.
Lay-off and redeployment
42(1) When the services of an employee are no longer required because of lack of work or because of the discontinuance of a function, a corporation may lay off the employee.
42(2) When a person has been laid off for 12 consecutive months, the employment relationship between that person and the corporation is terminated.
42(3) During the period from the date of commencement of this section to March 31, 2013, inclusive, despite the Civil Service Act, a person who becomes an employee of a corporation under subsection 40(1), and who is laid off by that corporation, is deemed to be an employee under the Civil Service Act for the purposes of subsections 26(3) and (4) of that Act and of paragraph 3(c) of the Exclusions Regulation - Civil Service Act.
42(4) During the period from the date of commencement of this section to March 31, 2013, inclusive, each corporation shall participate in the redeployment program established by the Board of Management and shall consider a person for employment with that corporation if:
(a)  the person has been laid off from the public service; and
(b)  the person is eligible to participate in the redeployment program under subsection 26(3) of the Civil Service Act.
Closed competitions and transfers - employees of a corporation
43(1) During the period from the date of commencement of this section to March 31, 2013, inclusive, despite the Civil Service Act, a person who becomes an employee of a corporation under subsection 40(1), may be a candidate in a closed competition under the Civil Service Act as if that person were an employee within the meaning of that Act and, in relation to a closed competition in which that person is a candidate, has the status of an employee under that Act for the purposes of sections 33, 33.1 and 33.2 of that Act.
43(2) During the period from the date of commencement of this section to March 31, 2013, inclusive, despite the Civil Service Act, a person who becomes an employee of a corporation under subsection 40(1), may be a candidate in a closed competition in relation to a position at Service New Brunswick as if that person were an employee within the meaning of the Civil Service Act and, in relation to a closed competition in which that person is a candidate, has the status of an employee of Service New Brunswick for the purpose of subsection 29(2) of the Service New Brunswick Act.
43(3) During the period from the date of commencement of this section to March 31, 2013, inclusive, despite the Civil Service Act, a person who becomes an employee of a corporation under subsection 40(1) is eligible to be appointed to a position in the public service through a lateral transfer as if the person were an employee within the meaning of the Civil Service Act.
Closed competitions and transfers - employees of the public service and Service New Brunswick
44(1) During the period from the date of commencement of this section to March 31, 2013, inclusive, a person may be a candidate in an employment competition of a corporation despite that the competition is open only to employees of that corporation and, in relation to that competition, that person has the status of an employee of that corporation if:
(a)  the person
(i) is employed in the public service, or
(ii) has been laid off from the public service; and
(b)  the person is eligible to compete in a closed competition under the Civil Service Act
(i) as an employee or former employee under the Civil Service Act, or
(ii) as an employee or former employee of Service New Brunswick.
44(2) During the period from the date of commencement of this section to March 31, 2013, inclusive, each corporation shall participate in the lateral transfer appointment process established by the Board of Management and shall consider a person for a transfer to that corporation if:
(a)  the person is employed in the public service; and
(b)  the person is eligible to participate in the transfer process
(i) as an employee under the Civil Service Act, or
(ii) as an employee of Service New Brunswick.
Transfer of employees to a corporation after commencement
45(1) In this section, “employee transfer agreement” means an agreement between the Board of Management and a corporation transferring one or more employees from the public service to that corporation. (entente de mutation)
45(2) During the period from the date of commencement of this section until March 31, 2013, inclusive, the following provisions apply with the necessary modifications to a person who becomes an employee of a corporation as a result of an employee transfer agreement:
(a)  subsections 40(4), (7) and (8);
(b)  subsection 42(3); and
(c)  section 43.
POWERS OF MINISTER
Appointment of person to examine operation
46(1) The Minister may designate a person to examine any of the procedures, activities or practices of a corporation, and the person designated shall do so and report the results of the examination to the Minister.
46(2) The members of the board and employees of a corporation shall give the person designated by the Minister all the assistance and cooperation necessary to enable the person to complete the examination.
Appointment of administrator
47(1) On the recommendation of the Minister, the Lieutenant-Governor in Council may appoint an administrator of a corporation in the following circumstances:
(a)  the board takes up a practice or tolerates a situation that is incompatible with the objects and purposes of that corporation or with this Act; or
(b)  in the opinion of the Minister, financial or significant operational problems exist with respect to that corporation.
47(2) On the appointment of an administrator, the board members’ appointments are terminated.
47(3) During the period of the administrator’s appointment, the administrator is the sole member of the board and in the name of the board may exercise the powers and shall perform the duties of the board.
47(4) The administrator shall be paid the remuneration and expenses that the Lieutenant-Governor in Council determines and the payment shall be made out of the funds of the corporation.
47(5) At a time determined by the Lieutenant-Governor in Council, a new board of governors of the corporation shall be constituted in accordance with subsections 10(1) to (4) and (6) and (7).
MISCELLANEOUS
Student activity fees
48(1) In this section, “student association” means an association, whether incorporated or otherwise, of students of a corporation recognized by that corporation as being representative of students for the purpose of administering the affairs of the students. (association étudiante)
48(2) A student association may set a student activity fee for the provision and promotion of social, educational and recreational activities and services, after consulting with the relevant corporation.
48(3) If a corporation collects a student activity fee, it shall transfer the fees collected to the relevant student association.
48(4) Despite subsection 23(2), if a corporation makes the payment of a student activity fee compulsory, that fee is not subject to approval by the Minister.
REGULATIONS
Regulations
49 The Lieutenant-Governor in Council may make regulations
(a)  defining words or expressions used in this Act but not defined;
(b)  prescribing the debts and other liabilities of the Special Operating Agency that do not become the debts and liabilities of a corporation; and
(c)  for carrying out the purposes of this Act.
TRANSITIONAL PROVISIONS
Definition of “Special Operating Agency”
50 In sections 51 to 54, “Special Operating Agency” means the institutions operating under the name the New Brunswick Community College that were established by the Minister under paragraph 3(1)(c) of the Adult Education and Training Act and that were operating immediately prior to the commencement of this section, and does not include the New Brunswick College of Craft and Design and the College Support Service (CSS) Branch of the Department of Post-Secondary Education, Training and Labour.
Deemed references to a corporation
51 Subject to section 53, an order made under any Act or regulation or an Order in Council, contract, lease or any other document made or issued and in effect immediately before the commencement of this section, that provides that a right, power, function or duty is or shall be vested in, conferred on or exercised, performed or discharged by, or there is a mention of or a reference to the Minister with respect to the Special Operating Agency, the right, power, function, or duty, unless the context otherwise requires, shall be vested in, conferred on or exercised, performed or discharged by one or the other or both of the corporations and the name of that corporation, unless the context otherwise requires, shall be substituted in the mention or reference.
Transfer of personal property to the corporations
52(1) On the commencement of this section, the New Brunswick Community College (NBCC) is entitled to all personal property and assets, not including real property, to which the Province was entitled immediately before the commencement of this section and which were administered by the Minister with respect to the campuses listed in Schedule A.
52(2) On the commencement of this section, the Collège communautaire du Nouveau-Brunswick (CCNB) is entitled to all personal property and assets, not including real property, to which the Province was entitled immediately before the commencement of this section and which were administered by the Minister with respect to the campuses listed in Schedule B.
Transfers of debts and other liabilities to a corporation
53(1) Subject to subsection (3), on the commencement of this section, all debts and other liabilities of the Special Operating Agency with respect to the campuses listed in Schedule A for which the Province would have been responsible, existing on the commencement of this section or accruing after the commencement of this section, are the debts and liabilities of the New Brunswick Community College (NBCC).
53(2) Subject to subsection (3), on the commencement of this section, all debts and other liabilities of the Special Operating Agency with respect to the campuses listed in Schedule B for which the Province would have been responsible, existing on the commencement of this section or accruing after the commencement of this section, are the debts and liabilities of the Collège communautaire du Nouveau-Brunswick (CCNB).
53(3) The Lieutenant-Governor in Council may prescribe by regulation any debts and other liabilities of the Special Operating Agency referred to in subsection (1) or (2) that shall not become debts or liabilities of a corporation on the commencement of this section.
Legal proceedings
54(1) On the commencement of this section, an action, suit or other legal proceeding in respect of a right or obligation acquired or incurred by the Crown with respect to the Special Operating Agency for a campus listed in Schedule A is to be brought, taken or continued by or against the New Brunswick Community College (NBCC) in the name of that corporation in any court that has jurisdiction to hear the matter.
54(2) On the commencement of this section, an action, suit or other legal proceeding in respect of a right or obligation acquired or incurred by the Crown with respect to the Special Operating Agency for a campus listed in Schedule B is to be brought, taken or continued by or against the Collège communautaire du Nouveau-Brunswick (CCNB) in the name of that corporation in any court that has jurisdiction to hear the matter.
54(3) Subsections (1) and (2) do not prohibit an action, suit or other legal proceeding to be brought, taken or continued by or against both corporations if the context requires.
CONSEQUENTIAL AMENDMENTS
Adult Education and Training Act
55 Subsection 3(1) of the Adult Education and Training Act, chapter A-3.001 of the Acts of New Brunswick, 1980, is amended
(a)  by repealing paragraph (c) and substituting the following:
(c)  shall establish and operate the institution named “New Brunswick College of Craft and Design” for the offering of post-secondary non-university programmes;
Auditor General Act
56 Section 1 of the Auditor General Act, chapter A-17.1 of the Acts of New Brunswick, 1981, is amended in the definition “agency of the Crown” by adding after (f.1) the following:
(f.2)  Collège communautaire du Nouveau-Brunswick (CCNB) under the New Brunswick Community Colleges Act,
(f.3)  New Brunswick Community College (NBCC) under the New Brunswick Community Colleges Act,
Civil Service Act
57 Subsection 23(3.1) of the Civil Service Act, chapter C-5.1 of the Acts of New Brunswick, 1984, is repealed and the following is substituted:
23(3.1) The deputy head of the Department of Post-Secondary Education, Training and Labour or his or her designate may, if he or she considers it appropriate in any case, waive the probationary period of a term instructor at the New Brunswick College of Craft and Design in relation to the second or subsequent appointment of the term instructor to the same position or a similar position at the New Brunswick College of Craft and Design.
Private Occupational Training Act
58 Section 1.1 of the Private Occupational Training Act, chapter P-16.1 of the Revised Statutes, 1973, is amended by adding after paragraph (b) the following:
(b.1)  a course of study offered or provided by the Collège communautaire du Nouveau-Brunswick (CCNB),
(b.2)  a course of study offered or provided by the New Brunswick Community College (NBCC),
Proceedings Against the Crown Act
59 Section 1 of the Proceedings Against the Crown Act, chapter P-18 of the Revised Statutes, 1973, is amended in the definition “Crown corporation” by adding a comma followed by “the New Brunswick Community College (NBCC), the Collège communautaire du Nouveau-Brunswick (CCNB)” after “the Workplace Health, Safety and Compensation Commission”.
Public Service Labour Relations Act
60 The First Schedule of the Public Service Labour Relations Act, chapter P-25 of the Revised Statutes, 1973, is amended in Part IV by adding after
Workplace Health, Safety and Compensation Commission
the following:
Collège communautaire du Nouveau-Brunswick (CCNB)
New Brunswick Community College (NBCC)
Right to Information Act
61 Section 1 of the Right to Information Act, chapter R-10.3 of the Acts of New Brunswick, 1978, is amended
(a)  in the definition “appropriate Minister” by adding after paragraph (b) the following:
(b.1)  if the department is the Collège communautaire du Nouveau-Brunswick (CCNB), the chair of the board of governors of the corporation,
(b.2)  if the department is the New Brunswick Community College (NBCC), the chair of the board of governors of the corporation,
(b)  by adding the following definitions in alphabetical order:
“Collège communautaire du Nouveau-Brunswick (CCNB)” means the Collège communautaire du Nouveau-Brunswick (CCNB) established under the New Brunswick Community Colleges Act; (Collège communautaire du Nouveau-Brunswick (CCNB))
“New Brunswick Community College (NBCC)” means the New Brunswick Community College (NBCC) established under the New Brunswick Community Colleges Act; (New Brunswick Community College (NBCC))
Right to Information and Protection of Privacy Act
62 Section 1 of the Right to Information and Protection of Privacy Act, chapter R-10.6 of the Acts of New Brunswick, 2009, is amended
(a)  in the definition “educational body”
(i) by adding after paragraph (f) the following:
(f.1)  Collège communautaire du Nouveau-Brunswick (CCNB),
(f.2)  New Brunswick Community College (NBCC),
(ii) in paragraph (g) by striking out “a New Brunswick Community College,” and substituting “New Brunswick College of Craft and Design,”;
(b)  in the definition “head” by striking out “a New Brunswick Community College,” in paragraph (g) and substituting “the New Brunswick College of Craft and Design,”.
COMMENCEMENT
Commencement
63 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
SCHEDULE A
Fredericton
Miramichi
Moncton
Saint John
St. Andrews
Woodstock
SCHEDULE B
Bathurst
Campbellton
Dieppe
Edmundston
la Péninsule acadienne