BILL 39
Economic and Social Inclusion
Act
WHEREAS the Government of New Brunswick,
the business sector, the non-profit sector and the citizens of New
Brunswick recognize that too many citizens of New Brunswick live in
poverty and experience economic and social exclusion; and
WHEREAS poverty and economic and social
exclusion negatively impact the well-being of all who experience them;
and
WHEREAS poverty and economic and social
exclusion have a detrimental impact on the economic and social well-being
of our communities; and
WHEREAS the Government of New Brunswick,
the business sector, the non-profit sector and the citizens of New
Brunswick recognize that the development, adoption, implementation
and evaluation of an Economic and Social Inclusion Plan is the shared
responsibility of every citizen of New Brunswick; and
WHEREAS the Government of New Brunswick
is committed to enacting an Economic
and Social Inclusion Act that establishes the New Brunswick
Economic and Social Inclusion Corporation and the Corporation will,
through its board of directors, ensure the continued partnership of
the citizens of New Brunswick in the development, adoption, implementation
and evaluation of an Economic and Social Inclusion Plan;
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
DEFINITIONS
Definitions
1 The
following definitions apply in this Act.
“Board” means the board of
directors of the Corporation. (conseil)
“community inclusion network”
means a group that is recognized by the Corporation to implement the
objectives of the Provincial Plan that are set out in its local plan
within a prescribed geographic area. (réseau communautaire d’inclusion)
“Corporation” means a body
corporate established under section 5 under
the corporate name New Brunswick Economic and Social Inclusion Corporation. (Société)
“Crown” means Her Majesty in
right of the Province. (Couronne)
“economic and social inclusion”
means the ability of a person to participate fully in the economic
and social activities of society. (inclusion économique et sociale)
“Minister” means the member
of the Executive Council assigned responsibility for the administration
of this Act. (ministre)
“poverty” means the condition
of a person who lacks the resources, means, opportunities and power
necessary to acquire and maintain economic self-sufficiency or to
integrate into and participate in society. (pauvreté)
“President” means the President
of the Corporation. (président)
“Provincial Plan” means the
plan entitled “Overcoming Poverty Together: The New Brunswick
Economic and Social Inclusion Plan” that was adopted on November
13, 2009. (plan provincial)
PROVINCIAL PLAN
Provincial Plan
2 The
Minister shall make the Provincial Plan available to the public by
posting it on the Government of New Brunswick website and by making
it available for viewing during normal business hours at the Minister’s
office and the Corporation’s head office.
Vision
3 The
vision of the Provincial Plan is as follows:
Through the collaboration of governments,
business and non-profit sectors, people living in poverty and individual
citizens, all men, women and children in New Brunswick shall have
the necessary resources to meet their basic needs and to live with
dignity, security and good health. Furthermore all New Brunswickers
shall be included as full citizens through opportunities for employment,
personal development and community engagement.
Global objective
4 The
global objective of the Provincial Plan is as follows:
By 2015, New Brunswick will have reduced
income poverty by 25% and deep income poverty by 50%, and will have
made significant progress in achieving sustained economic and social
inclusion.
CORPORATION
Establishment of the Corporation
5 There
is established a body corporate to be known as the New Brunswick Economic
and Social Inclusion Corporation consisting of those persons who comprise
the Board.
Head office
6 The
head office of the Corporation is at The City of Fredericton.
Objects and purposes
7 The
objects and purposes of the Corporation are
(a) to
lead the implementation and evaluation of the Provincial Plan and
the development and adoption of other Economic and Social Inclusion
Plans,
(b) to
coordinate and support community inclusion networks in the development
of their local plans and in the implementation of the objectives of
the Provincial Plan set out in their local plans,
(c) to
manage the Economic and Social Inclusion Fund established under section 29, and
(d) to
carry out the other activities or duties authorized or required by
this Act or the regulations or directed by the Lieutenant-Governor
in Council.
Powers
8 Subject
to this Act, the Corporation has, in respect of its objects and purposes,
the capacity, rights, powers and privileges of a natural person.
Agent of the Crown
9(1)
The Corporation is an agent of the Crown.
9(2)
The Corporation may contract in its corporate name without specific
reference to the Crown.
BOARD
Role of Board
10 The
Board shall administer the business and affairs of the Corporation
and all decisions and actions of the Board are to be based generally
on sound business practice.
Composition
11(1)
The Board shall consist of
(a) four
Vice-Chairs
(i) one of whom is a Minister of the Crown
designated by the Lieutenant-Governor in Council, and
(ii) three of whom are appointed by the
Lieutenant-Governor in Council as follows:
(A) one representative of the business
sector;
(B) one representative of the non-profit
sector; and
(C) one who lives in or has lived
in poverty,
(b) three
Ministers of the Crown designated by the Lieutenant-Governor in Council,
(c) the
Leader of the Opposition or his or her representative,
(d) thirteen
members who are, on the recommendation of the majority of the 4 Vice-Chairs,
appointed by the Lieutenant-Governor in Council as follows:
(i) three representatives of the business
sector;
(ii) three representatives of the non-profit
sector; and
(iii) seven who live in or have lived
in poverty, and
(e) the
President.
11(2) In the event of a tie concerning a
recommendation under paragraph (1)(d),
the Chair shall cast the deciding vote.
Term of office
12(1)
The members of the Board appointed under subparagraph 11(1)(a)(ii)
and paragraph 11(1)(d) shall be appointed for a term
not exceeding 4 years and shall not be appointed for more than 2 consecutive
terms.
12(2) A member of the Board appointed under
subparagraph 11(1)(a)(ii) or paragraph 11(1)(d)
may be removed by the Lieutenant-Governor in Council.
12(3)
Despite subsection (1) and subject to subsection (2), a member of
the Board appointed under subparagraph 11(1)(a)(ii) or paragraph 11(1)(d)
remains in office until the member resigns or is reappointed or replaced.
12(4)
If a vacancy occurs on the Board, the Lieutenant-Governor in Council
shall, on the recommendation of the Board, appoint a person to fill
the vacancy for the balance of the term of the member replaced.
12(5)
A position on the Board is considered to be vacant when a member is
declared by the Board to have failed to attend 3 regular meetings
in a 12 month period without reasonable cause.
12(6)
In the case of the temporary absence or inability to act of a member
of the Board, the Lieutenant-Governor in Council shall appoint a substitute
for the member for the period of the temporary absence or inability
to act.
12(7) A vacancy on the Board does not impair
the capacity of the Board to act.
Chair
13(1)
The position of Chair shall rotate, in turn, among the 4 Vice-Chairs
in the following order:
(a) the
Vice-Chair who represents the non-profit sector;
(b) the
Vice-Chair who lives in or has lived in poverty;
(c) the
Vice-Chair who represents the business sector;
(d) the
Vice-Chair who is the Minister of the Crown designated by the Lieutenant-Governor
in Council.
13(2) The Chair shall hold office as Chair
for a term of one year, or, if his or her term as a member of the
Board expires during his or her one year term as Chair, until the
expiry of his or her term as a member of the Board.
13(3)
Despite subsection (2), the Chair remains in office until the Chair
resigns or is reappointed or replaced.
13(4)
If a vacancy occurs in the office of the Chair, the person appointed
under subsection 12(4) shall replace
the Chair for the balance of the one year term.
13(5)
In the case of the temporary absence or inability to act of the Chair,
the person appointed under subsection 12(6)
shall act as the substitute for the Chair for the period of temporary
absence or inability to act.
Allowance and expenses
14(1)
The members of the Board shall serve without salary, but those members
of the Board appointed under subparagraph 11(1)(a)(ii) and paragraph 11(1)(d)
are entitled to be paid the daily allowance that is fixed by the by-laws
of the Corporation.
14(2)
Each member of the Board is entitled to be paid for travelling and
living expenses incurred by the member in the performance of his or
her duties in accordance with the travel policy guidelines of the
Board of Management.
Quorum
15 A
majority of the members of the Board constitute a quorum and a quorum
shall include the following members:
(a) the
Chair or a Vice-Chair;
(b) a
Minister of the Crown;
(c) a
representative of the business sector;
(d) a
representative of the non-profit sector; and
(e) a
person who lives in or has lived in poverty.
Secretary
16 The
Board shall appoint an employee of the Corporation to be the secretary
of the Board who shall perform the duties and functions directed by
the Board.
Meetings
17(1)
The Board may hold its meetings at any place in the Province.
17(2)
The Board shall meet at least 3 times in each fiscal year, on the
dates and at the times and places designated by the Chair or otherwise
determined in accordance with the by-laws of the Corporation.
17(3)
A member of the Board may participate in a meeting of the Board by
means of telephone or other communication facilities that permit all
persons participating in the meeting to communicate verbally with
one another, and a member participating in a meeting by those means
shall be deemed to be present at that meeting.
17(4)
The Board shall ensure that minutes of each meeting are taken and
that the minutes are approved by the Board and certified to be correct
by the secretary of the Board.
17(5)
A certified copy of the minutes shall be submitted to the Minister
after each meeting.
By-laws
18(1)
The Board may make by-laws for the control and management of the business
and affairs of the Corporation.
18(2)
Despite subsection (1), a by-law fixing the daily allowance referred
to in subsection 14(1) is ineffective
until it has been approved by the Lieutenant-Governor in Council.
18(3)
The Regulations Act does not
apply to a by-law made under subsection (1).
EMPLOYEES
President
19(1)
The Lieutenant-Governor in Council shall appoint a President who shall
be the chief executive officer of the Corporation.
19(2)
Subject to the direction of the Board, the President is responsible
for the general direction, supervision and control of the business
and affairs of the Corporation and may exercise the other powers that
may be conferred on the President by the by-laws of the Corporation.
19(3)
The President is, by virtue of his or her office, a member of the
Board.
19(4) The President may be removed by the
Lieutenant-Governor in Council.
19(5)
The President is entitled to be paid the remuneration that the Lieutenant-Governor
in Council determines unless the person appointed as President holds
concurrently another full-time position in the public service as defined
in the Public Service Superannuation
Act.
19(6) The Public
Service Superannuation Act applies to the President.
Coordination unit
20(1)
Subject to sections 5 and 6 of the Financial
Administration Act, the Corporation may appoint employees.
20(2)
The employees of the Corporation shall be appointed on the basis of
merit.
20(3) The Civil
Service Act does not apply to the employees of the Corporation.
20(4)
The Public Service Superannuation
Act applies to the employees of the Corporation.
Transfers, secondments and closed competitions
21(1)
A person who is employed in the public service as defined in the Public Service Superannuation Act may
be transferred or seconded to the Corporation on the terms and conditions
that the Corporation may negotiate.
21(2)
A person who is an employee within the meaning of the Civil Service Act may be a candidate
in a closed competition in relation to a position with the Corporation
and, in relation to a closed competition in which that person is a
candidate, has the status of an employee of the Corporation.
FINANCIAL MATTERS
Fiscal year
22 The
fiscal year of the Corporation begins on April 1 of one year and ends
on March 31 in the next year.
Budget
23(1)
The Board shall, not later than December 31 in each year, submit a
proposed budget to the Board of Management containing the estimates
of the amounts required for the operation of the Corporation and for
distribution to community inclusion networks for the next fiscal year.
23(2)
If in any fiscal year it appears that the actual revenue or expenditure
of the Corporation is likely to be substantially greater or less than
estimated in its budget, the Board shall submit a revised budget to
the Board of Management containing the particulars required under
subsection (1).
Funding from the Consolidated Fund
24 The
Minister of Finance shall in each year pay out of the Consolidated
Fund to the Corporation the amount appropriated for the operation
of the Corporation and for distribution to community inclusion networks.
Gifts, donations and bequests
25(1)
The Corporation may acquire funds and real or personal property for
the purposes of this Act by gift, donation or bequest.
25(2)
All property, whether real or personal, acquired for the purposes
of this Act shall be sold by the Corporation in its corporate name.
Holding over of funds
26 Despite
the Financial Administration Act,
the Corporation may hold funds over any fiscal year, whether received
from the Consolidated Fund or from any other source.
Audited financial statements
27 Within
3 months after the end of each fiscal year, the Board shall prepare
audited financial statements and submit them to the Minister of Finance.
Annual report
28(1)
Within 6 months after the end of each fiscal year, the Board shall
submit an annual report to the Minister in the form that the Minister
may require containing
(a) a
report on all the meetings conducted by the Board during the fiscal
year,
(b) the
auditor’s report, and
(c) any
other information required by the Minister in respect of the business
and affairs of the Corporation during the fiscal year.
28(2)
The Minister shall lay the report before the Legislative Assembly
if it is in session or, if not, at the next ensuing session.
ECONOMIC AND SOCIAL INCLUSION
FUND
Economic and Social Inclusion
Fund
29(1) The Corporation shall establish in
a chartered bank, trust company or credit union designated by the
Minister of Finance a fund to be known as the Economic and Social
Inclusion Fund.
29(2)
Despite the Financial Administration
Act, all funds received by the Corporation under sections 24 and 25 shall
be deposited into the Economic and Social Inclusion Fund and shall
be administered by the Corporation exclusively for the purpose of
fulfilling its objects and purposes.
Expenses
30 The
following are payable out of the Economic and Social Inclusion Fund:
(a) the
remuneration and expenses of the President, the other members of the
Board, the employees of the Corporation and the experts appointed
by the Corporation under section 39,
and generally all costs, charges and expenses incurred and payable
in respect of the conduct of the business and affairs of the Corporation;
and
(b) the
funds distributed by the Corporation to community inclusion networks
to help them implement the objectives of the Provincial Plan set out
in their local plans.
Audit
31 The
Economic and Social Inclusion Fund shall be audited at least once
a year by an auditor appointed by the Corporation, 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.
COMMUNITY INCLUSION NETWORKS
Recognition
32(1)
The Corporation may recognize a group as a community inclusion network
if the group
(a) submits
a local plan to the Corporation containing the information prescribed
by regulation, and
(b) meets
the criteria, if any, prescribed by regulation.
32(2)
The Corporation may recognize a maximum of 20 community inclusion
networks and each community inclusion network shall operate within
a prescribed geographic area.
Funds distributed to community inclusion
networks
33(1) The Corporation shall distribute funds
from the Economic and Social Inclusion Fund to community inclusion
networks for the purposes of helping them implement the objectives
of the Provincial Plan set out in their local plans.
33(2)
A community inclusion network shall administer and use the funds received
from the Corporation exclusively to implement the objectives of the
Provincial Plan set out in its local plan.
Annual report
34 Within
3 months after the end of each fiscal year, a community inclusion
network shall submit an annual report to the Corporation in the form
that the Corporation may require concerning the administration and
use of funds received from the Corporation during the fiscal year.
Revised local plan
35 A
community inclusion network shall, every 2 years, submit a revised
local plan to the Corporation containing the information prescribed
by regulation.
Suspension or cancellation of recognition
36 The
Corporation may suspend or cancel the recognition of a group recognized
as a community inclusion network on any ground prescribed by regulation.
GENERAL PROVISIONS
Information re business and affairs of
the Corporation
37 The
Corporation shall, on the request of the Minister, provide the Minister
with information in respect of the business and affairs of the Corporation.
Progress indicators
38(1)
The Corporation shall make by-laws concerning the establishment of
progress indicators.
38(2)
The Corporation shall, with the help of progress indicators, monitor
and measure the progress of the implementation of the Provincial Plan.
Appointment of experts
39(1)
The Corporation may appoint an expert to assist the Corporation with
(a) establishing
progress indicators, and
(b) monitoring
and measuring the progress of the implementation of the Provincial
Plan.
39(2) An expert appointed under subsection
(1) shall be paid the remuneration and expenses that are determined
by the Corporation.
Progress reports
40(1)
The Corporation shall, every 2 years, submit a report to the Minister
concerning the progress of the implementation of the Provincial Plan.
40(2)
The Minister shall lay the progress report before the Legislative
Assembly if it is in session or, if not, at the next ensuing session.
40(3)
The Minister shall make the progress report available to the public
by posting it on the Government of New Brunswick website.
Economic and Social Inclusion Plan
41(1)
A new Economic and Social Inclusion Plan shall be adopted every 5
years through a public engagement process lead by the Corporation.
41(2)
The progress reports submitted by the Corporation shall be taken into
consideration when developing and adopting each Economic and Social
Inclusion Plan.
41(3)
Each Economic and Social Inclusion Plan shall include:
(a) a
vision statement;
(b) objectives;
(c) initiatives
designed to promote economic and social inclusion;
(d) priority
actions; and
(e) provisions
relating to the progress indicators to be used to monitor and measure
the progress of the implementation of the Economic and Social Inclusion
Plan.
Immunity
42 No
action lies for damages or otherwise against any of the following
persons in relation to anything done or purported to be done in good
faith, or in relation to anything omitted in good faith, under this
Act by the person:
(a) the
Corporation;
(b) the
President or a former President;
(c) any
other member or former member of the Board;
(d) any
employee or former employee of the Corporation;
(e) any
person appointed under this Act; and
(f) any
person acting under or who has acted under the authority of this Act.
Indemnity
43 The
following persons 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 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:
(a) the
President or a former President;
(b) any
other member or former member of the Board;
(c) any
employee or former employee of the Corporation;
(d) any
person appointed under this Act;
(e) any
person acting under or who has acted under the authority of this Act;
and
(f) the
heirs and legal representatives of the persons referred to in this
section.
Conflict of interest
44 The
Corporation shall make by-laws establishing the policy of the Corporation
in respect of situations considered by the Corporation to constitute
an actual or potential conflict of interest pertaining to the members
of the Board and the employees of the Corporation, including the circumstances
that constitute an actual or potential conflict of interest, the disclosure
of the actual or potential conflict of interest and the manner in
which it is to be dealt with.
Regulations
45 The
Lieutenant-Governor in Council may make regulations
(a) prescribing
activities or duties for the purposes of paragraph 7(d);
(b) prescribing
the criteria for recognition as a community inclusion network;
(c) respecting
the information required to be contained in local plan;
(d) prescribing
a geographic area for the purposes of section 32;
(e) prescribing
the grounds on which the Corporation may suspend or cancel the recognition
of a group as a community inclusion network;
(f) defining
any word or expression used in but not defined in this Act for the
purposes of this Act, the regulations or both;
(g) respecting
any matter that the Lieutenant-Governor in Council considers necessary
for the administration of this Act.
CONSEQUENTIAL AMENDMENTS AND
COMMENCEMENT
Proceedings Against
the Crown Act
46 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 striking out “and the Agricultural Development Board”
and substituting “,
the Agricultural Development Board and the New Brunswick Economic
and Social Inclusion Corporation”.
Public Service Labour
Relations Act
47 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
the following in alphabetical order:
New Brunswick Economic and Social Inclusion
Corporation
Commencement
48 This Act or any provision of it comes into
force on a day or days to be fixed by proclamation.