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