BILL 2
An Act to Amend the Executive
Council Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Subsection
2(1) of the Executive Council Act, chapter E-12 of the Revised Statutes,
1973, is repealed and the following is substituted:
2(1)
The Lieutenant-Governor may appoint, under the Great Seal of the Province,
from among the members of the Executive Council the following Ministers
who shall hold office during pleasure: a President of the Executive
Council, an Attorney General, a Minister of Justice and Consumer Affairs,
a Minister of Public Safety who shall also be Solicitor General, a
Minister of Finance, a Minister of Transportation and Infrastructure,
a Minister of Natural Resources, a Minister of Energy, a Minister
of Agriculture, Aquaculture and Fisheries, a Minister of Health, a
Minister of Wellness, Culture and Sport, a Minister of Social Development,
a Minister of Human Resources, a Minister of Post-Secondary Education,
Training and Labour, a Minister of Education and Early Childhood Development,
a Minister of Environment, a Minister of Local Government, a Minister
of Economic Development, a Minister of Tourism and Parks and a Minister
of Intergovernmental Affairs.
TRANSITIONAL PROVISIONS
2(1) Where in any Act,
other than this Act, or in any regulation, rule, order, by-law, agreement
or other instrument or document, reference is made to the Minister,
Deputy Minister or Department of Agriculture and Aquaculture, it shall
be read, unless the context otherwise requires, as a reference to
the Minister, Deputy Minister or Department of Agriculture, Aquaculture
and Fisheries.
2(2) Where in any Act,
other than this Act, or in any regulation, rule, order, by-law, agreement
or other instrument or document, reference is made to the Minister
of Business New Brunswick, it shall be read, unless the context otherwise
requires, as a reference to the Minister of Economic Development.
2(3) Where in any Act,
other than this Act, or in any regulation, rule, order, by-law, agreement
or other instrument or document, reference is made to the Minister,
Deputy Minister or Department of Education, it shall be read, unless
the context otherwise requires, as a reference to the Minister, Deputy
Minister or Department of Education and Early Childhood Development.
2(4) Where in any Act,
other than this Act, or in any regulation, rule, order, by-law, agreement
or other instrument or document, reference is made to the Minister,
Deputy Minister or Department of Fisheries, it shall be read, unless
the context otherwise requires, as a reference to the Minister, Deputy
Minister or Department of Agriculture, Aquaculture and Fisheries.
2(5) Where in any Act,
other than this Act, or in any regulation, rule, order, by-law, agreement
or other instrument or document, reference is made to the Minister
of Supply and Services, it shall be read, unless the context otherwise
requires, as a reference to the Minister of Transportation and Infrastructure.
2(6) Where in any Act,
other than this Act, or in any regulation, rule, order, by-law, agreement
or other instrument or document, reference is made to the Minister
of Transportation, it shall be read, unless the context otherwise
requires, as a reference to the Minister of Transportation and Infrastructure.
3(1) Any act or thing
done from October 12, 2010, to the date of the enactment of this section,
inclusive, by the Minister of Agriculture, Aquaculture and Fisheries,
the Minister of Economic Development, the Minister of Education and
Early Childhood Development or the Minister of Transportation and
Infrastructure, in the exercise or performance or intended exercise
or performance of any right, power, duty, function, responsibility
or authority transferred to, vested in or imposed on those Ministers
with respect to any Act, or any particular matter or thing under the
administration, supervision or control of those Ministers
(a) shall be deemed to have been done
by persons validly appointed to perform the right, power, duty, function,
responsibility or authority transferred to, vested in or imposed on
those Ministers,
(b) shall be deemed to constitute a valid
exercise or performance of the right, power, duty, function, responsibility
or authority transferred to, vested in or imposed on those Ministers,
and
(c) is confirmed and ratified.
3(2) Nothing in paragraphs
(1)(a) and (b) shall be taken as providing any indication that any
right, power, duty, function, responsibility or authority transferred
to, vested in or imposed on the Ministers referred to in subsection
(1) was not validly exercised or performed by those Ministers.
4(1) The Lieutenant-Governor
in Council may make the initial appointments of deputy heads under
section 3 of the Civil Service Act retroactive to October 12, 2010,
for the Department of Agriculture, Aquaculture and Fisheries and the
Department of Education and Early Childhood Development.
4(2) Any act or thing
done on or after October 12, 2010, and before their appointment by
the deputy heads appointed in accordance with subsection (1) in the
exercise or performance or intended exercise or performance of any
right, power, duty, function, responsibility or authority transferred
to, vested in or imposed on those deputy heads,
(a) shall be deemed to have been done
by persons validly appointed to perform the right, power, duty, function,
responsibility or authority transferred to, vested in or imposed on
those deputy heads,
(b) shall be deemed to constitute a valid
exercise or performance of the right, power, duty, function, responsibility
or authority transferred to, vested in or imposed on those deputy
heads, and
(c) is confirmed and ratified.
4(3) Nothing in paragraphs
(2)(a) and (b) shall be taken as providing any indication that any
right, power, duty, function, responsibility or authority transferred
to, vested in or imposed on the deputy heads appointed in accordance
with subsection (1) was not validly exercised or performed by those
deputy heads.
5 No action, application or any other proceeding
to question or in which is questioned the validity of the appointment
of the Ministers referred to in subsection 3(1), or the deputy heads
appointed in accordance with subsection 4(1), or the authority of
those Ministers or deputy heads to act in such capacity, shall lie
or be instituted against the Crown in right of the Province or
(a) the Ministers referred to in subsection
3(1), with respect to any act or thing done from October 12, 2010,
to the date of the enactment of this section, inclusive, by those
Ministers in the exercise or performance or intended exercise or performance
of any right, power, duty, function, responsibility or authority transferred
to, vested in or imposed on those Ministers with respect to any Act,
or any particular matter or thing under the administration, supervision
or control of those Ministers,
(b) the deputy heads appointed in accordance
with subsection 4(1), with respect to any act or thing done on or
after October 12, 2010, and before their appointment by those deputy
heads in the exercise or performance or intended exercise or performance
of any right, power, duty, function, responsibility or authority transferred
to, vested in or imposed on those deputy heads, or
(c) any other person appointed, assigned,
designated or requested to assist the Ministers referred to in subsection
3(1) or the deputy heads appointed in accordance with subsection 4(1)
for a limited period of time, with respect to the administration,
supervision or enforcement of any Act with respect to which any right,
power, duty, function, responsibility or authority that is transferred
to, vested in or imposed on those Ministers, with respect to a particular
matter or thing under the administration, supervision or control of
those Ministers, or with respect to any right, power, duty, function,
responsibility or authority that is transferred to, vested in or imposed
on those deputy heads, with respect to any act or thing done within
the meaning of this paragraph, by the other person,
if those Ministers, deputy
heads or other persons acted in good faith in doing the act or thing.
CONSEQUENTIAL AMENDMENTS
Agricultural Associations
Act
6 Section
1 of the Agricultural Associations Act, chapter A-5 of the Revised
Statutes, 1973, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Agriculture, Aquaculture and Fisheries; (Ministre)
Agricultural Commodity
Price Stabilization Act
7 Section
1 of the Agricultural Commodity Price Stabilization Act, chapter A-5.01
of the Acts of New Brunswick, 1988, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Agriculture, Aquaculture and Fisheries and includes
any person designated by the Minister to act on the Minister’s
behalf. (Ministre)
Agricultural Development
Act
8 Section
1 of the Agricultural Development Act, chapter A-5.1 of the Revised
Statutes, 1973, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Agriculture, Aquaculture and Fisheries. (Ministre)
Agricultural Insurance
Act
9 Section
1 of the Agricultural Insurance Act, chapter A-5.105 of the Revised
Statutes, 1973, is amended by repealing “Minister of Agriculture
and Aquaculture” and substituting “Minister of Agriculture, Aquaculture
and Fisheries”.
Regulations under the Agricultural Insurance Act
10 Subsection
2(1) of New Brunswick Regulation 95-122 under the Agricultural Insurance
Act is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Agriculture, Aquaculture and Fisheries. (ministre)
Agricultural Land Protection
and Development Act
11(1) Section 1 of the Agricultural
Land Protection and Development Act, chapter A-5.11 of the Acts of
New Brunswick, 1996, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Agriculture, Aquaculture and Fisheries and includes
persons designated to act on behalf of the Minister; (Ministre)
11(2) Subsection 21(9) of the Act is
amended
(a) in subsection 77.01(1) of the Community Planning Act, chapter
C-12 of the Revised Statutes, 1973, as enacted by subsection 21(9),
in the portion preceding paragraph (a) by striking out “Minister
of Agriculture and Aquaculture” and substituting “Minister of Agriculture, Aquaculture
and Fisheries”;
(b) in section 77.02 of the Community Planning Act, chapter
C-12 of the Revised Statutes, 1973, as enacted by subsection 21(9)
(i) in subsection (1) by striking out “Minister
of Agriculture and Aquaculture” and substituting “Minister
of Agriculture, Aquaculture and Fisheries”;
(ii) in subsection (2)
(A) in the portion
preceding paragraph (a) by striking out “Minister of Agriculture
and Aquaculture” wherever it appears and substituting “Minister of Agriculture, Aquaculture
and Fisheries”;
(B) in paragraph
(a) by striking out “Minister of Agriculture and Aquaculture”
and substituting “Minister
of Agriculture, Aquaculture and Fisheries”;
(C) in paragraph
(b) by striking out “Minister of Agriculture and Aquaculture”
and substituting “Minister
of Agriculture, Aquaculture and Fisheries”;
(D) in paragraph
(c) by striking out “Minister of Agriculture and Aquaculture”
and substituting “Minister
of Agriculture, Aquaculture and Fisheries”;
(c) in section 77.03 of the Community Planning Act, chapter
C-12 of the Revised Statutes, 1973, as enacted by subsection 21(9)
(i) in subsection (1) by striking out “Minister
of Agriculture and Aquaculture” and substituting “Minister
of Agriculture, Aquaculture and Fisheries”;
(ii) in subsection (2)
(A) in the portion
preceding paragraph (a) by striking out “Minister of Agriculture
and Aquaculture” wherever it appears and substituting “Minister of Agriculture, Aquaculture
and Fisheries”;
(B) in paragraph
(a) by striking out “Minister of Agriculture and Aquaculture”
and substituting “Minister
of Agriculture, Aquaculture and Fisheries”;
(C) in paragraph
(b) by striking out “Minister of Agriculture and Aquaculture”
and substituting “Minister
of Agriculture, Aquaculture and Fisheries”;
(D) in paragraph
(c) by striking out “Minister of Agriculture and Aquaculture”
and substituting “Minister
of Agriculture, Aquaculture and Fisheries”;
(iii) in subsection (4)
(A) in the portion
preceding paragraph (a) by striking out “Minister of Agriculture
and Aquaculture” wherever it appears and substituting “Minister of Agriculture, Aquaculture
and Fisheries”;
(B) in paragraph
(a) by striking out “Minister of Agriculture and Aquaculture”
and substituting “Minister
of Agriculture, Aquaculture and Fisheries”;
(C) in paragraph
(b) by striking out “Minister of Agriculture and Aquaculture”
and substituting “Minister
of Agriculture, Aquaculture and Fisheries”;
(D) in paragraph
(c) by striking out “Minister of Agriculture and Aquaculture”
and substituting “Minister
of Agriculture, Aquaculture and Fisheries”;
(d) in section 77.04 of the Community Planning Act, chapter
C-12 of the Revised Statutes, 1973, as enacted by subsection 21(9)
(i) in subsection (1) by striking out “Minister
of Agriculture and Aquaculture” and substituting “Minister
of Agriculture, Aquaculture and Fisheries”;
(ii) in subsection (2)
(A) in the portion
preceding paragraph (a) by striking out “Minister of Agriculture
and Aquaculture” wherever it appears and substituting “Minister of Agriculture, Aquaculture
and Fisheries”;
(B) in paragraph
(a) by striking out “Minister of Agriculture and Aquaculture”
and substituting “Minister
of Agriculture, Aquaculture and Fisheries”;
(C) in paragraph
(b) by striking out “Minister of Agriculture and Aquaculture”
and substituting “Minister
of Agriculture, Aquaculture and Fisheries”;
(D) in paragraph
(c) by striking out “Minister of Agriculture and Aquaculture”
and substituting “Minister
of Agriculture, Aquaculture and Fisheries”;
(iii) in subsection (4)
(A) in the portion
preceding paragraph (a) by striking out “Minister of Agriculture
and Aquaculture” wherever it appears and substituting “Minister of Agriculture, Aquaculture
and Fisheries”;
(B) in paragraph
(a) by striking out “Minister of Agriculture and Aquaculture”
and substituting “Minister
of Agriculture, Aquaculture and Fisheries”;
(C) in paragraph
(b) by striking out “Minister of Agriculture and Aquaculture”
and substituting “Minister
of Agriculture, Aquaculture and Fisheries”;
(D) in paragraph
(c) by striking out “Minister of Agriculture and Aquaculture”
and substituting “Minister
of Agriculture, Aquaculture and Fisheries”.
Regulation under the Agricultural Land Protection and Development
Act
12 Subsection
9(1) of New Brunswick Regulation 97-83 under the Agricultural Land
Protection and Development Act is amended by striking out “Department
of Agriculture and Aquaculture” and substituting “Department of Agriculture, Aquaculture
and Fisheries”.
Agricultural Operation
Practices Act
13 Section
1 of the Agricultural Operation Practices Act, chapter A-5.3 of the
Acts of New Brunswick, 1999, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Agriculture, Aquaculture and Fisheries. (Ministre)
Agricultural Producers
Registration and Farm Organizations Funding Act
14(1) Section 1 of the Agricultural
Producers Registration and Farm Organizations Funding Act, chapter
A-5.6 of the Acts of New Brunswick, 2006, is amended by repealing
the definition “Minister” and substituting the following:
“Minister”
means the Minister of Agriculture, Aquaculture and Fisheries. (ministre)
14(2) Paragraph 16(4)(a) of the Act
is amended by striking out “Department of Agriculture and Aquaculture”
and substituting “Department of Agriculture, Aquaculture
and Fisheries”.
14(3) Section 19 of the Act is amended
(a) in subsection (1) by striking out “Department of Agriculture
and Aquaculture” and substituting “Department of Agriculture, Aquaculture
and Fisheries”;
(b) in subsection (2) by striking out “Department of Agriculture
and Aquaculture” and substituting “Department of Agriculture, Aquaculture
and Fisheries”.
Regulation under the Agricultural Producers Registration and
Farm Organizations Funding Act
15 Subsection
9(1) of New Brunswick Regulation 2007-70 under the Agricultural Producers
Registration and Farm Organizations Funding Act is amended by striking
out “Department of Agriculture and Aquaculture” and substituting “Department of Agriculture, Aquaculture
and Fisheries”.
Ambulance Services
Act
16 Paragraph
4(2)(h) of the Ambulance Services Act, chapter A-7.3 of the Acts of
New Brunswick, 1990, is amended by striking out “Department
of Education” and substituting “Department of Education and Early
Childhood Development”.
Apiary Inspection Act
17 Section
1 of the Apiary Inspection Act, chapter A-9 of the Revised Statutes,
1973, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Agriculture, Aquaculture and Fisheries. (Ministre)
Aquaculture Act
18(1) Subsection 1(1) of the Aquaculture
Act, chapter A-9.2 of the Acts of New Brunswick, 1988, is amended
by repealing the definition “Minister” and substituting
the following:
“Minister”
means the Minister of Agriculture, Aquaculture and Fisheries and includes
persons designated by the Minister to act on the Minister’s
behalf; (Ministre)
18(2) Section 38 of the Act is amended
by striking out “Department of Agriculture and Aquaculture”
and substituting “Department of Agriculture, Aquaculture
and Fisheries”.
Regulation under the Aquaculture Act
19 Paragraph
24(5)(a) of New Brunswick Regulation 91-158 under the Aquaculture
Act is amended by striking out “Department of Agriculture and
Aquaculture” and substituting “Department of Agriculture, Aquaculture
and Fisheries”.
Archives Act
20 Section
1 of the Archives Act, chapter A-11.1 of the Acts of New Brunswick,
1977, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Transportation and Infrastructure; (Ministre)
Beaverbrook Art Gallery
Act
21 Subparagraph
5(2)(a)(ii) of the Beaverbrook Art Gallery Act, chapter B-1 of the
Revised Statutes, 1973, is repealed and the following is substituted:
(ii) the Minister of Education and Early
Childhood Development,
Beaverbrook Auditorium
Act
22 Section
8 of the Beaverbrook Auditorium Act, chapter B-2 of the Revised Statutes,
1973, is amended by striking out “Minister of Supply and Services”
and substituting “Minister
of Transportation and Infrastructure”.
Regulation under the Civil Service Act
23 Section
3 of New Brunswick Regulation 93-137 under the Civil Service Act is
amended
(a) by striking out
Department of Agriculture
and Aquaculture
Department of Education
Department of Fisheries
(b) by adding the following in alphabetical order:
Department of Agriculture, Aquaculture
and Fisheries
Department of Education and Early Childhood
Development
Regulation under the Clean Water Act
24 Paragraph
3(3)(b.2) of New Brunswick Regulation 90-80 under the Clean Water
Act is amended by striking out “Minister of Agriculture and
Aquaculture” and substituting “Minister of Agriculture, Aquaculture
and Fisheries”.
Community Planning
Act
25(1) Paragraph
44(1)(g) of the Community Planning Act, chapter C-12 of the Revised
Statutes, 1973, is amended by striking out “Minister of Transportation”
and substituting “Minister of Transportation and Infrastructure”.
25(2) Subparagraph 52(2)(a)(iii) of
the Act is amended by striking out “Minister of Transportation”
and substituting “Minister of Transportation and Infrastructure”.
25(3) Paragraph 54(4)(d) of the Act
is amended by striking out “Minister of Transportation”
and substituting “Minister of Transportation and Infrastructure”.
25(4) Section 55 of the Act is amended
(a) in subsection (1) in the portion following paragraph (b)
by striking out “Minister of Transportation” and substituting “Minister of Transportation and Infrastructure”;
(b) in subsection (2)
(i) in the portion preceding paragraph (a)
by striking out “Minister of Transportation” and substituting “Minister
of Transportation and Infrastructure”;
(ii) in paragraph (a) of the English version
by striking out “Minister of Transportation” and substituting “Minister
of Transportation and Infrastructure”;
(iii) in paragraph (c)
(A) in subparagraph
(i) of the English version by striking out “Minister of Transportation”
and substituting “Minister
of Transportation and Infrastructure”;
(B) in subparagraph
(ii) of the English version by striking out “Minister of Transportation”
and substituting “Minister
of Transportation and Infrastructure”;
(c) in subsection (3) in the portion preceding paragraph (a)
by striking out “Minister of Transportation” and substituting “Minister of Transportation and Infrastructure”;
(d) in subsection (5) by striking out “Minister of Transportation”
and substituting “Minister
of Transportation and Infrastructure”;
(e) in subsection (5.1) by striking out “Minister of Transportation”
and substituting “Minister
of Transportation and Infrastructure”;
(f) in subsection (5.2) by striking out “Minister of Transportation”
and substituting “Minister
of Transportation and Infrastructure”.
Regulations under the Community Planning Act
26 Subsection
5(1) of New Brunswick Regulation 80-159 under the Community Planning
Act is amended in the portion preceding paragraph (a) by striking
out “Minister of Transportation” and substituting “Minister of Transportation and Infrastructure”.
27 Paragraph
3(c) of New Brunswick Regulation 84-292 under the Community Planning
Act is amended by striking out “Minister of Transportation”
and substituting “Minister
of Transportation and Infrastructure”.
Companies Act
28(1) Subsection 2(1) of the Companies
Act, chapter C-13 of the Revised Statutes, 1973, is amended in the
definition “project company” by striking out “Minister
of Transportation” and substituting “Minister of
Transportation and Infrastructure”.
28(2) Section 18.1 of the Act is amended
(a) in subsection (1) by striking out “Minister of Transportation”
and substituting “Minister
of Transportation and Infrastructure”;
(b) in subsection (7) by striking out “Minister of Transportation”
and substituting “Minister
of Transportation and Infrastructure”;
(c) in subsection (8) by striking out “Minister of Transportation”
and substituting “Minister
of Transportation and Infrastructure”.
Regulation under the Crown Construction Contracts Act
29(1) Section 6 of New Brunswick Regulation
82-109 under the Crown Construction Contracts Act is amended
(a) in subsection (1) by striking out “Minister of Education”
and substituting “Minister
of Education and Early Childhood Development”;
(b) in subsection (2)
(i) in the portion preceding paragraph (a)
by striking out “Minister of Education” and substituting “Minister
of Education and Early Childhood Development”;
(ii) in paragraph (c) by striking out “Minister
of Education” wherever it appears and substituting “Minister
of Education and Early Childhood Development”;
(iii) in paragraph (d) of the English version
by striking out “Minister of Education” and substituting “Minister
of Education and Early Childhood Development”;
(c) in subsection (4) by striking out “Minister of Education”
wherever it appears and substituting “Minister of Education and Early
Childhood Development”;
(d) in subsection (5) in the portion preceding paragraph (a)
by striking out “Minister of Education” wherever it appears
and substituting “Minister
of Education and Early Childhood Development”;
(e) in subsection (6) by striking out “Minister of Education”
wherever it appears and substituting “Minister of Education and Early
Childhood Development”.
29(2) Paragraph 16(3)(b) of the Regulation
is amended by striking out “Minister of Business New Brunswick”
and substituting “Minister of Economic Development”.
Diseases of Animals
Act
30 Section
1 of the Diseases of Animals Act, chapter D-11.1 of the Revised Statutes,
1973, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Agriculture, Aquaculture and Fisheries. (Ministre)
Regulation under the Diseases of Animals Act
31 Section
21 of New Brunswick Regulation 83-105 under the Diseases of Animals
Act is amended
(a) in subsection (1) by striking out “Department of Agriculture
and Aquaculture” and substituting “Department of Agriculture, Aquaculture
and Fisheries”;
(b) in subsection (3) by striking out “Department of Agriculture
and Aquaculture” and substituting “Department of Agriculture, Aquaculture
and Fisheries”.
Early Learning and
Childcare Act
32(1) Section 1 of the Early Learning
and Childcare Act, chapter E-0.5 of the Acts of New Brunswick, 2010,
is amended by repealing the definition “Minister” and
substituting the following:
“Minister”
means the Minister of Education and Early Childhood Development and
includes any person designated by the Minister to act on the Minister’s
behalf. (ministre)
32(2) Paragraph 2(d) of the Act is
amended by striking out “Minister of Education” and substituting “Minister”.
Economic Development
Act
33(1) Section
1 of the Economic Development Act, chapter E-1.11 of the Acts of New
Brunswick, 1975, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Economic Development and includes anyone designated
by the Minister to act on the Minister’s behalf; (Ministre)
33(2) Subsection 15(7) of the Act is
amended by striking out “Minister of Business New Brunswick”
and substituting “Minister of Economic Development”.
Education Act
34(1) Section 1 of the Education Act,
chapter E-1.12 of the Acts of New Brunswick, 1997, is amended by repealing
the definition “Minister” and substituting the following:
“Minister”
means the Minister of Education and Early Childhood Development and
includes persons designated by the Minister to act on behalf of the
Minister; (Ministre)
34(2) Subsection 4(4) of the Act is
amended by striking out “Department of Education” and
substituting “Department of Education and Early Childhood
Development”.
34(3) Subsection 36.41(2) of the Act
is amended by striking out “Department of Education” and
substituting “Department of Education and Early Childhood
Development”.
34(4) Paragraph 36.7(4)(f) of the Act
is amended by striking out “Department of Education” and
substituting “Department of Education and Early Childhood
Development”.
34(5) Section 50.1 of the Act is amended
by striking out “Department of Education” and substituting “Department
of Education and Early Childhood Development”.
Regulations under the Education Act
35(1) Subsection 13(2) of New Brunswick
Regulation 97-150 under the Education Act is amended by striking out “Department
of Education” and substituting “Department of Education
and Early Childhood Development”.
35(2) Section 31 of the Regulation
is amended
(a) in subsection (6) by striking out “Department of Education”
and substituting “Department
of Education and Early Childhood Development”;
(b) in subsection (7) by striking out “Department of Education”
and substituting “Department
of Education and Early Childhood Development”.
35(3) Section 38 of the Regulation
is amended
(a) in subsection (4) by striking out “Department of Education”
and substituting “Department
of Education and Early Childhood Development”;
(b) in subsection (5) by striking out “Department of Education”
and substituting “Department
of Education and Early Childhood Development”.
36(1) Section 22 of New Brunswick Regulation
2004-8 under the Education Act is amended by striking out “Department
of Education” and substituting “Department of Education
and Early Childhood Development”.
36(2) Section 31 of the Regulation
is amended
(a) in paragraph (2)(b) by striking out “Department of
Education” and substituting “Department of Education and Early
Childhood Development”;
(b) in paragraph (3)(b) by striking out “Department of
Education” and substituting “Department of Education and Early
Childhood Development”.
Elections Act
37 Subsection
59(1.2) of the Elections Act, chapter E-3 of the Revised Statutes,
1973, is amended by striking out “Minister of Education”
wherever it appears and substituting “Minister of Education and Early
Childhood Development”.
Regulation under the Emergency Measures Act
38 Section
4 of New Brunswick Regulation 84-7 under the Emergency Measures Act
is amended
(a) in subsection (1)
(i) by striking out
Department of Agriculture
and Aquaculture
Department of Education
Department of Fisheries
(ii) by adding the following in alphabetical
order:
Department of Agriculture, Aquaculture
and Fisheries
Department of Education and Early Childhood
Development
(b) in subsection (3)
(i) by repealing paragraph (a) and substituting
the following:
(a) the Department of Agriculture, Aquaculture
and Fisheries shall
(i) in conjunction with Agriculture and
Agri-Food Canada, plan for a joint provincial-federal organization
to be responsible for
(A) the production of foodstuffs and
livestock, and
(B) the protection of farms, crops
and livestock against hazards,
(ii) identify and investigate agricultural
products that may be contaminated as the result of a disaster and
refer these to the Department of Health for testing and disposal of
products found to be unfit for use,
(iii) in conjunction with the Canadian
Coast Guard, alert and request the removal of fishing and other vessels
from a danger area, and
(iv) identify and investigate marine products
that may be contaminated as the result of a disaster and refer these
to the Department of Health for testing and disposal of products found
to be unfit for use;
(ii) in paragraph (b) in the portion preceding
subparagraph (i) by striking out “Department of Education”
and substituting “Department of Education and Early Childhood
Development”;
(iii) by repealing paragraph (d.1);
(iv) by repealing subparagraph (e)(iii) and
substituting the following:
(iii) arrange with the Canadian Food Inspection
Agency for the testing of agricultural and marine products that are
identified by the Department of Agriculture, Aquaculture and Fisheries
as possibly being contaminated, and
Farm Credit Corporation
Assistance Act
39(1) Section 2 of the Farm Credit
Corporation Assistance Act, chapter F-4 of the Revised Statutes, 1973,
is amended in the portion preceding paragraph (a) by striking out “Minister
of Agriculture and Aquaculture” and substituting “Minister
of Agriculture, Aquaculture and Fisheries”.
39(2) Paragraph 3(a) of the Act is
amended by striking out “Minister of Agriculture and Aquaculture”
and substituting “Minister of Agriculture, Aquaculture
and Fisheries”.
Farm Improvement Assistance
Loans Act
40(1) Section
2 of the Farm Improvement Assistance Loans Act, chapter F-5 of the
Revised Statutes, 1973, is amended in the portion preceding paragraph
(a) by striking out “Minister of Agriculture and Aquaculture”
and substituting “Minister of Agriculture, Aquaculture
and Fisheries”.
40(2) Paragraph 3(a) of the Act is
amended by striking out “Minister of Agriculture and Aquaculture”
and substituting “Minister of Agriculture, Aquaculture
and Fisheries”.
Regulation under the Farm Improvement Assistance Loans Act
41 Section
2 of New Brunswick Regulation 83-90 under the Farm Improvement Assistance
Loans Act is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Agriculture, Aquaculture and Fisheries. (Ministre)
Farm Income Assurance
Act
42 Section
1 of the Farm Income Assurance Act, chapter F-5.1 of the Acts of New
Brunswick, 1975, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Agriculture, Aquaculture and Fisheries; (Ministre)
Farm Machinery Loans
Act
43 Section
1 of the Farm Machinery Loans Act, chapter F-6 of the Revised Statutes,
1973, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Agriculture, Aquaculture and Fisheries and includes
any person designated by the Minister to act on the Minister’s
behalf. (Ministre)
Regulations under the Financial Administration Act
44(1) Section 2 of New Brunswick Regulation
82-135 under the Financial Administration Act is amended by striking
out “Department of Agriculture and Aquaculture” and substituting “Department
of Agriculture, Aquaculture and Fisheries”.
44(2) Section 3 of the Regulation is
amended by striking out “Department of Agriculture and Aquaculture”
and substituting “Department of Agriculture, Aquaculture
and Fisheries”.
45 Paragraph
3(a) of New Brunswick Regulation 83-62 under the Financial Administration
Act is amended by striking out “Minister of Supply and Services”
and substituting “Minister
of Transportation and Infrastructure”.
46(1) Section 5 of New Brunswick Regulation
83-227 under the Financial Administration Act is amended
(a) in subsection (1) by striking out “Minister of Supply
and Services” and substituting “Minister of Transportation and Infrastructure”;
(b) in subsection (2) by striking out “Minister of Supply
and Services” and substituting “Minister of Transportation and Infrastructure”;
(c) in subsection (3) by striking out “Minister of Supply
and Services” and substituting “Minister of Transportation and Infrastructure”;
(d) in subsection (5) by striking out “Minister of Supply
and Services” and substituting “Minister of Transportation and Infrastructure”;
(e) in subsection (6) by striking out “Minister of Supply
and Services” and substituting “Minister of Transportation and Infrastructure”;
(f) in subsection (7)
(i) in the portion preceding paragraph (a)
by striking out “Minister of Supply and Services” and
substituting “Minister of Transportation and Infrastructure”;
(ii) in paragraph (c) of the English version
by striking out “Minister of Supply and Services” and
substituting “Minister of Transportation and Infrastructure”;
(iii) in paragraph (d) of the English version
by striking out “Minister of Supply and Services” and
substituting “Minister of Transportation and Infrastructure”;
(iv) in paragraph (e) of the English version
by striking out “Minister of Supply and Services” and
substituting “Minister of Transportation and Infrastructure”;
(g) in subsection (9) in the portion preceding paragraph (a)
by striking out “Minister of Supply and Services” and
substituting “Minister
of Transportation and Infrastructure”.
46(2) Section 6 of the Regulation is
amended
(a) in subsection (1) by striking out “Minister of Supply
and Services” and substituting “Minister of Transportation and Infrastructure”;
(b) in subsection (2) by striking out “Minister of Supply
and Services” and substituting “Minister of Transportation and Infrastructure”.
46(3) Subsection 7.3(1) of the Regulation
is amended by striking out “Minister of Supply and Services”
and substituting “Minister of Transportation and Infrastructure”.
46(4) Schedule A of the Regulation
is amended
(a) by striking out
Department of Agriculture
and Aquaculture
Department of Education
Department of Fisheries
(b) by adding the following in alphabetical order:
Department of Agriculture, Aquaculture
and Fisheries
Department of Education and Early Childhood
Development
47(1) Section
2 of New Brunswick Regulation 84-18 under the Financial Administration
Act is amended by striking out “Department of Agriculture and
Aquaculture” and substituting “Department of Agriculture,
Aquaculture and Fisheries”.
47(2) Section 3 of the Regulation is
amended by striking out “Department of Agriculture and Aquaculture”
and substituting “Department of Agriculture, Aquaculture
and Fisheries”.
47(3) Section 3.1 of the Regulation
is amended by striking out “Department of Agriculture and Aquaculture”
and substituting “Department of Agriculture, Aquaculture
and Fisheries”.
47(4) Section 3.2 of the Regulation
is amended by striking out “Department of Agriculture and Aquaculture”
and substituting “Department of Agriculture, Aquaculture
and Fisheries”.
47(5) Section 3.3 of the Regulation
is amended by striking out “Department of Agriculture and Aquaculture”
and substituting “Department of Agriculture, Aquaculture
and Fisheries”.
48 Section
2 of New Brunswick Regulation 86-32 under the Financial Administration
Act is amended by repealing the definition “Department”
and substituting the following:
“Department”
means the Department of Agriculture, Aquaculture and Fisheries; (Ministère)
49 Section
2 of New Brunswick Regulation 2001-4 under the Financial Administration
Act is amended by repealing the definition “Centre” and
substituting the following:
“Centre”
means the Plant Propagation Centre of the Department of Agriculture,
Aquaculture and Fisheries. (Centre)
50 Section
2 of New Brunswick Regulation 2001-5 under the Financial Administration
Act is amended by repealing the definition “Centre” and
substituting the following:
“Centre”
means the Bon Accord Elite Seed Potato Centre of the Department of
Agriculture, Aquaculture and Fisheries. (Centre)
51 Section
2 of New Brunswick Regulation 2001-26 under the Financial Administration
Act is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Transportation and Infrastructure and includes
any person designated by the Minister to act on the Minister’s
behalf; (Ministre)
52 Section
2 of New Brunswick Regulation 2005-17 under the Financial Administration
Act is amended by repealing the definition “Department”
and substituting the following:
“Department”
means the Department of Agriculture, Aquaculture and Fisheries. (ministère)
53 Subsection
6(2) of New Brunswick Regulation 2007-2 under the Financial Administration
Act is amended by striking out “Minister of Business New Brunswick”
and substituting “Minister
of Economic Development”.
Fish and Wildlife Act
54 Paragraph
57(1)(j) of the Fish and Wildlife Act, chapter F-14.1 of the Acts
of New Brunswick, 1980, is amended by striking out “Minister
of Agriculture and Aquaculture” and substituting “Minister of Agriculture, Aquaculture
and Fisheries”.
Fisheries
and Aquaculture Development Act
55 Section
1 of the Fisheries and Aquaculture Development Act, chapter F-15.001
of the Acts of New Brunswick, 1977, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Agriculture, Aquaculture and Fisheries and includes
any person designated by the Minister to act on the Minister’s
behalf. (Ministre)
Regulation under the Gasoline and Motive Fuel Tax Act
56(1) Paragraph 18.09(1)(c) of New
Brunswick Regulation 82-81 under the Gasoline and Motive Fuel Tax
Act is amended by striking out “Department of Fisheries”
and substituting “Department of Agriculture, Aquaculture
and Fisheries”.
56(2) Paragraph 18.3(1)(c) of the Regulation
is amended by striking out “Minister of Agriculture and Aquaculture”
and substituting “Minister of Agriculture, Aquaculture
and Fisheries”.
Highway Act
57(1) Section 1 of the Highway Act,
chapter H-5 of the Revised Statutes, 1973, is amended by repealing
the definition “Minister” and substituting the following:
“Minister”
means, unless otherwise provided, the Minister of Transportation and
Infrastructure and includes anyone designated by the Minister to act
on the Minister’s behalf; (Ministre)
57(2) Subsection 44.1(6) of the Act
is amended by striking out “Minister of Transportation”
and substituting “Minister”.
57(3) Section 71 of the Act is repealed.
Regulations under the Highway Act
58 Section
2 of New Brunswick Regulation 82-164 under the Highway Act is repealed.
59 The
enacting clause of New Brunswick Regulation 94-87 under the Highway
Act is amended by striking out “Minister of Transportation”
and substituting “Minister”.
60 The
enacting clause of New Brunswick Regulation 94-88 under the Highway
Act is amended by striking out “Minister of Transportation”
and substituting “Minister”.
61 The
enacting clause of New Brunswick Regulation 94-89 under the Highway
Act is amended by striking out “Minister of Transportation”
and substituting “Minister”.
62 The
enacting clause of New Brunswick Regulation 94-90 under the Highway
Act is amended by striking out “Minister of Transportation”
and substituting “Minister”.
63 The
enacting clause of New Brunswick Regulation 94-91 under the Highway
Act is amended by striking out “Minister of Transportation”
and substituting “Minister”.
64 The
enacting clause of New Brunswick Regulation 94-92 under the Highway
Act is amended by striking out “Minister of Transportation”
and substituting “Minister”.
65 The
enacting clause of New Brunswick Regulation 94-93 under the Highway
Act is amended by striking out “Minister of Transportation”
and substituting “Minister”.
66 The
enacting clause of New Brunswick Regulation 94-94 under the Highway
Act is amended by striking out “Minister of Transportation”
and substituting “Minister”.
67 The
enacting clause of New Brunswick Regulation 94-95 under the Highway
Act is amended by striking out “Minister of Transportation”
and substituting “Minister”.
68 The
enacting clause of New Brunswick Regulation 94-96 under the Highway
Act is amended by striking out “Minister of Transportation”
and substituting “Minister”.
69 The
enacting clause of New Brunswick Regulation 94-97 under the Highway
Act is amended by striking out “Minister of Transportation”
and substituting “Minister”.
70 The
enacting clause of New Brunswick Regulation 94-98 under the Highway
Act is amended by striking out “Minister of Transportation”
and substituting “Minister”.
71 The
enacting clause of New Brunswick Regulation 94-99 under the Highway
Act is amended by striking out “Minister of Transportation”
and substituting “Minister”.
72 The
enacting clause of New Brunswick Regulation 94-100 under the Highway
Act is amended by striking out “Minister of Transportation”
and substituting “Minister”.
73 The
enacting clause of New Brunswick Regulation 94-101 under the Highway
Act is amended by striking out “Minister of Transportation”
and substituting “Minister”.
Hospital Act
74(1) Section 30 of the Hospital Act,
chapter H-6.1 of the Acts of New Brunswick, 1992, is amended
(a) in paragraph (1)(b) by striking out “Minister of Supply
and Services” and substituting “Minister of Transportation and Infrastructure”;
(b) in paragraph (2)(b) by striking out “Minister of Supply
and Services” and substituting “Minister of Transportation and Infrastructure”;
(c) in paragraph (3)(b) by striking out “Minister of Supply
and Services” and substituting “Minister of Transportation and Infrastructure”.
74(2) Subsection 32(2) of the Act is
amended by striking out “Minister of Supply and Services ”
and substituting “Minister of Transportation and Infrastructure”.
74(3) Paragraph 35(1)(z) of the Act
is amended by striking out “Minister of Supply and Services”
and substituting “Minister of Transportation and Infrastructure”.
Regulation under the Income Tax Act
75(1) Section 3 of New Brunswick Regulation
97-138 under the Income Tax Act is amended
(a) in subsection (1) by striking out “Minister of Business
New Brunswick” and substituting “Minister of Economic Development”;
(b) in subsection (2) by striking out “Minister of Business
New Brunswick” and substituting “Minister of Economic Development”.
75(2) Section 4 of the Regulation is
amended by striking out “Minister of Business New Brunswick”
and substituting “Minister of Economic Development”.
75(3) Paragraph 6(b) of the Regulation
is amended by striking out “Minister of Business New Brunswick”
and substituting “Minister of Economic Development”.
75(4) Section 7 of the Regulation is
amended
(a) by repealing subsection (1) and substituting the following:
7(1)
Where the Minister of Economic Development, or any person designated
by that Minister, determines that the requirements under this Regulation
and section 5.2 of the Act have been met with respect to a project,
the Minister of Economic Development may recommend to the Minister
of Finance of New Brunswick that a New Brunswick film tax credit certificate
be issued to the applicant.
(b) in subsection (2) by striking out “Minister of Business
New Brunswick” and substituting “Minister of Economic Development”.
Inquiries Act
76 Subsection
14(1) of the Inquiries Act, chapter I-11 of the Revised Statutes,
1973, is repealed and the following is substituted:
Inquiries by certain Ministers
14(1)
The Minister of Energy, the Minister of Natural Resources and the
Minister of Transportation and Infrastructure may each at any time
hold an inquiry into any matter connected with his or her department,
and for that purpose shall have all the powers herein given to commissioners
appointed under section 2, and all the provisions of this Act in reference
to witnesses, evidence, production of documents, commitment for refusal
to appear or testify, and preservation of order in the court on such
inquiry shall apply and extend to the Minister of Energy, the Minister
of Natural Resources and the Minister of Transportation and Infrastructure,
and to all acts, matters and things done by any of them in the course
of such inquiry, or preliminary thereto or consequent thereon.
Inshore Fisheries Representation
Act
77 Subsection
1(1) of the Inshore Fisheries Representation Act, chapter I-11.1 of
the Acts of New Brunswick, 1990, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Agriculture, Aquaculture and Fisheries; (Ministre)
Regulation under the Inshore Fisheries Representation Act
78(1) Form 1 of New Brunswick Regulation
92-135 under the Inshore Fisheries Representation Act is amended
(a) by striking out “Minister of Fisheries” wherever
it appears and substituting “Minister of Agriculture, Aquaculture
and Fisheries”;
(b) in the French version by striking out “ministre des
Pêches” and substituting “ministre de l’Agriculture,
de l’Aquaculture et des Pêches”.
78(2) Form 2 of the Regulation is amended
(a) by striking out “Minister of Fisheries” wherever
it appears and substituting “Minister
of Agriculture, Aquaculture and Fisheries”;
(b) in the French version by striking out “ministre des
Pêches” and substituting “ministre de l’Agriculture,
de l’Aquaculture et des Pêches”.
78(3) Form 5 of the Regulation is amended
by striking out “Minister of Fisheries” wherever it appears
and substituting “Minister of Agriculture, Aquaculture
and Fisheries”.
78(4) Form 6 of the Regulation is amended
by striking out “Minister of Fisheries” wherever it appears
and substituting “Minister of Agriculture, Aquaculture
and Fisheries”.
78(5) Form 7 of the Regulation is amended
by striking out “Minister of Fisheries” wherever it appears
and substituting “Minister of Agriculture, Aquaculture
and Fisheries”.
Regulation under the Land Titles Act
79 Subsection
20.1(1) of New Brunswick Regulation 83-130 under the Land Titles Act
is repealed and the following is substituted:
20.1(1)
Where Her Majesty the Queen in right of the Province is identified
as a party to an instrument, that party shall be entered in the instrument
record as “Crown, New Brunswick”, and, where Her Majesty
is represented in the instrument by a member of the Executive Council,
that entry shall be followed by the designation of the member; for
example, Her Majesty the Queen in right of the Province as represented
by the Minister of Transportation and Infrastructure shall be entered
in the instrument record as “Crown, New Brunswick, Transportation
and Infrastructure”.
Livestock Incentives
Act
80 Section
1 of the Livestock Incentives Act, chapter L-11 of the Revised Statutes,
1973, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Agriculture, Aquaculture and Fisheries and includes
any person designated by the Minister to act on the Minister’s
behalf. (Ministre)
Livestock Operations
Act
81(1) Section
1 of the Livestock Operations Act, chapter L-11.01 of the Acts of
New Brunswick, 1998, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Agriculture, Aquaculture and Fisheries and includes
any person designated by the Minister to act on the Minister’s
behalf; (Ministre)
81(2) Section 30 of the Act is amended
by striking out “Department of Agriculture and Aquaculture”
and substituting “Department of Agriculture, Aquaculture
and Fisheries”.
Marshland Reclamation
Act
82 Section
1 of the Marshland Reclamation Act, chapter M-5 of the Revised Statutes,
1973, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Agriculture, Aquaculture and Fisheries; (Ministre)
Mining Act
83(1) Subsection 68(2) of the Mining
Act, chapter M-14.1 of the Acts of New Brunswick, 1985, is amended
by striking out “Minister of Agriculture and Aquaculture”
and substituting “Minister of Agriculture, Aquaculture
and Fisheries”.
83(2) Paragraph 109(4)(c) of the Act
is amended by striking out “Minister of Transportation”
and substituting “Minister of Transportation and Infrastructure”.
Motor Carrier Act
84 Section
1 of the Motor Carrier Act, chapter M-16 of the Revised Statutes,
1973, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Transportation and Infrastructure; (Ministre)
Motor Vehicle Act
85(1) The following provisions of the
Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, are
amended by striking out “Minister of Transportation” wherever
it appears and substituting “Minister of Transportation
and Infrastructure”:
(a) section 1
(i) in the definition “construction zone”;
(ii) in the definition “school zone”,
(iii) in the definition “speed limit”,
(b) section 115;
(c) subsections 116(1), (2) and (2.1);
(d) subsection 119(3);
(e) subsections 140.1(2) and (3);
(f) section 141 in the portion preceding paragraph (a);
(g) subsections 142.01(2) and (3);
(h) subsections 142.1(1), (3), (4), (5) and (7);
(i) paragraph 143(1)(d);
(j) subsection 146(2);
(k) subsection 153(1);
(l) subsection 154(1);
(m) subsection 155(1);
(n) paragraph 160(1)(c);
(o) paragraph 183(1)(c);
(p) paragraph 186(1)(c) and subsection 186(1.1);
(q) subsection 194(4), subsection 194(5) in the portion preceding
paragraph (a) and subsection 194(5.1);
(r) paragraphs 241(3)(d) and 241(4)(d);
(s) subsection 261(1) in the portion preceding paragraph (a)
and subsections 261(2), (3), (3.1) and (5);
(t) subsection 262(3); and
(u) subsection 364(1).
85(2) Section 2.2 of the Act is repealed
and the following is substituted:
Provisions administered
by the Minister of Transportation and Infrastructure
2.2 Notwithstanding
section 2.1, the Minister of Transportation and Infrastructure is
responsible for the administration of section 115, subsections 116(1)
and (2) and 119(3), subsections 140.1(2) and (3), section 141, subsections
142.01(2) and (3), subsections 142.1(1), (3), (4), (5) and (7), paragraph
143(1)(d), subsections 146(2), 153(1), 154(1) and 155(1), paragraphs
160(1)(c), 183(1)(c) and 186(1)(c), subsections 186(1.1) and 194(4),
(5) and (5.1), paragraph 241(4)(d), section 251.1 and subsections
258(1), 261(1), (3), (3.1), (4.3) and (5), 262(3) and 364(1).
85(3) Paragraph 249(h.1) of the Act
is amended by striking out “Department of Education” and
substituting “Department of Education and Early Childhood
Development”.
Regulations under the Motor Vehicle Act
86(1) Section 11 of New Brunswick Regulation
83-185 under the Motor Vehicle Act is amended in the definition “inspector”
by striking out “Department of Education” and substituting “Department
of Education and Early Childhood Development”.
86(2) Subsection 15(1) of the Regulation
is amended by striking out “Department of Education” and
substituting “Department of Education and Early Childhood
Development”.
86(3) Section 18 of the Regulation
is amended
(a) in subsection (1) by striking out “Department of Education”
and substituting “Department
of Education and Early Childhood Development”;
(b) in paragraph (2)(b) by striking out “Minister of Education”
and substituting “Minister
of Education and Early Childhood Development”.
87 The
following provisions of New Brunswick Regulation 89-65 under the Motor
Vehicle Act are amended by striking out “Minister of Transportation”
wherever it appears and substituting “Minister of Transportation and Infrastructure”:
(a) section 2 in the definition “special permit”;
(b) section 3 in the portion preceding paragraph (a);
(c) section 4 in the portion preceding paragraph (a);
(d) section 5 in the portion preceding paragraph (a);
(e) section 6 in the portion preceding paragraph (a), paragraph
(b) and subparagraph (c)(iii);
(f) section 7 in the portion preceding paragraph (a), and paragraph
(b);
(g) section 8 in the portion preceding paragraph (a);
(h) section 9 in the portion preceding paragraph (a), paragraph
(b) and subparagraph (c)(iii);
(i) section 10 in the portion preceding paragraph (a);
(j) section 11 in the portion preceding paragraph (a).
Municipal Elections
Act
88 Subsection
16(3) of the Municipal Elections Act, chapter M-21.01 of the Acts
of New Brunswick, 1979, is amended by striking out “Minister
of Education” wherever it appears and substituting “Minister of Education and Early
Childhood Development”.
Natural Products Act
89(1) Section 1 of the Natural Products
Act, chapter N-1.2 of the Acts of New Brunswick, 1999, is amended
by repealing the definition “Minister” and substituting
the following:
“Minister”
means (Ministre)
(a) with respect to farm products other than
farm products of the forest, the Minister of Agriculture, Aquaculture
and Fisheries, and includes a person designated by that Minister to
act on that Minister’s behalf; and
(b) with respect to farm products of the forest,
the Minister of Natural Resources, and includes a person designated
by that Minister to act on that Minister’s behalf;
89(2) Paragraph 5(4)(a) of the Act
is amended by striking out “Department of Agriculture and Aquaculture”
and substituting “Department of Agriculture, Aquaculture
and Fisheries”.
Regulations under the Natural Products Grades Act
90 Paragraph
17(1)(a) of New Brunswick Regulation 82-96 under the Natural Products
Grades Act is amended by striking out “Department of Agriculture
and Aquaculture” and substituting “Department of Agriculture, Aquaculture
and Fisheries”.
91 Section
2 of New Brunswick Regulation 84-88 under the Natural Products Grades
Act is amended by repealing the definition “Department”
and substituting the following:
“Department”
means the Department of Agriculture, Aquaculture and Fisheries; (ministère)
92 Section
6 of New Brunswick Regulation 84-159 under the Natural Products Grades
Act is amended by striking out “Department of Agriculture and
Aquaculture” and substituting “Department of Agriculture, Aquaculture
and Fisheries”.
93 Section
2 of New Brunswick Regulation 84-186 under the Natural Products Grades
Act is amended by repealing the definition “Department”
and substituting the following:
“Department”
means the Department of Agriculture, Aquaculture and Fisheries; (ministère)
94 Paragraph
10(1)(a) of New Brunswick Regulation 88-265 under the Natural Products
Grades Act is amended by striking out “Department of Agriculture
and Aquaculture” and substituting “Department of Agriculture, Aquaculture
and Fisheries”.
New Brunswick Grain
Act
95 Section
1 of the New Brunswick Grain Act, chapter N-5.1 of the Acts of New
Brunswick, 1980, is amended
(a) by repealing the definition “Department” and
substituting the following:
“Department” means the Department
of Agriculture, Aquaculture and Fisheries; (ministère)
(b) by repealing the definition “Minister” and substituting
the following:
“Minister” means the Minister
of Agriculture, Aquaculture and Fisheries; (Ministre)
New Brunswick Highway
Corporation Act
96(1) Subparagraph 5(b)(i) of the New
Brunswick Highway Corporation Act, chapter N-5.11 of the Acts of New
Brunswick, 1995, is amended by striking out “Minister of Transportation”
and substituting “Minister of Transportation and Infrastructure”.
96(2) Section 7 of the Act is amended
(a) in subsection (1) by striking out “Minister of Transportation”
and substituting “Minister
of Transportation and Infrastructure”;
(b) in subsection (2) by striking out “Minister of Transportation”
and substituting “Minister
of Transportation and Infrastructure”.
96(3) Section 10.1 of the Act is amended
(a) in subsection (1) in the definition “usage agreement”
by striking out “Minister of Transportation” and substituting “Minister of Transportation and Infrastructure”;
(b) in subsection (6) by striking out “Minister of Transportation”
and substituting “Minister
of Transportation and Infrastructure”;
(c) in subsection (7) by striking out “Minister of Transportation”
and substituting “Minister
of Transportation and Infrastructure”;
(d) in subsection (16) by striking out “Minister of Transportation”
and substituting “Minister
of Transportation and Infrastructure”.
96(4) Paragraph 11(a) of the Act is
amended by striking out “Minister of Transportation” and
substituting “Minister of Transportation and Infrastructure”.
96(5) Subsection 11.2(1) of the Act
is amended in the definition “commercial vehicle inspector”
by striking out “Minister of Transportation” and substituting “Minister
of Transportation and Infrastructure”.
96(6) Paragraph 15(b) of the Act is
amended by striking out “Minister of Transportation” and
substituting “Minister of Transportation and Infrastructure”.
96(7) Section 36 of the Act is amended
(a) by repealing subsection (1) and substituting the following:
36(1)
The Corporation shall, within six months after the end of each fiscal
year, submit to the Minister of Transportation and Infrastructure
an annual report, containing the auditor’s report and such other
information as may be required by the Minister of Transportation and
Infrastructure in respect of the business and affairs of the Corporation
during the fiscal year.
(b) in subsection (2) by striking out “Minister of Transportation”
and substituting “Minister
of Transportation and Infrastructure”.
Regulations under the New Brunswick Highway Corporation Act
97 Subsection
8(2) of New Brunswick Regulation 98-94 under the New Brunswick Highway
Corporation Act is amended by striking out “Minister of Transportation”
and substituting “Minister
of Transportation and Infrastructure”.
98 Paragraph
9(b) of New Brunswick Regulation 2009-156 under the New Brunswick
Highway Corporation Act is amended by striking out “Minister
of Transportation” and substituting “Minister of Transportation and Infrastructure”.
New Brunswick Transportation
Authority Act
99 Section
1 of the New Brunswick Transportation Authority Act, chapter N-8 of
the Revised Statutes, 1973, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Transportation and Infrastructure and includes
any person designated by the Minister to act on the Minister’s
behalf; (Ministre)
Official Languages
Act
100 Section
4 of the Official Languages Act, chapter O-0.5 of the Acts of New
Brunswick, 2002, is amended by striking out “Department of Education”
and substituting “Department
of Education and Early Childhood Development”.
Parks Act
101 Section
13 of the Parks Act, chapter P-2.1 of the Acts of New Brunswick, 1982,
is amended by striking out “Minister of Transportation”
and substituting “Minister
of Transportation and Infrastructure”.
Pesticides Control
Act
102 Paragraph
4(1)(b) of the Pesticides Control Act, chapter P-8 of the Revised
Statutes, 1973, is repealed and the following is substituted:
(b) two members from the Department of Agriculture,
Aquaculture and Fisheries;
Pipeline Act, 2005
103(1) Subsection 6(1) of the Pipeline
Act, 2005, chapter P-8.5 of the Acts of New Brunswick, 2005, is repealed
and the following is substituted:
6(1)
An applicant for a permit shall file copies of the application and
any information or material required to accompany the application
with the Minister of Energy, the Minister of Agriculture, Aquaculture
and Fisheries, the Minister of Transportation and Infrastructure,
the Minister of Environment, the Minister of Local Government, the
Minister of Natural Resources, the Minister of Public Safety and the
clerk or senior official of any municipality affected by the application.
103(2) Paragraph 27(2)(b) of the Act
is amended by striking out “Minister of Transportation”
and substituting “Minister of Transportation and Infrastructure”.
Plant Health Act
104 Section
1 of the Plant Health Act, chapter P-9.01 of the Acts of New Brunswick,
1998, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Agriculture, Aquaculture and Fisheries and includes
persons designated by the Minister to act on the Minister’s
behalf; (Ministre)
Potato Disease Eradication
Act
105 Section
1 of the Potato Disease Eradication Act, chapter P-9.4 of the Acts
of New Brunswick, 1979, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Agriculture, Aquaculture and Fisheries; (Ministre)
Regulation under the Potato Disease Eradication Act
106(1) Paragraph 21(1)(c) of New Brunswick
Regulation 82-70 under the Potato Disease Eradication Act is amended
by striking out “Department of Agriculture and Aquaculture”
and substituting “Department of Agriculture, Aquaculture
and Fisheries”.
106(2) Form 1 of the Regulation is amended
(a) by striking out “MINISTER OF AGRICULTURE AND AQUACULTURE”
and substituting “MINISTER
OF AGRICULTURE, AQUACULTURE AND FISHERIES”;
(b) by striking out “Minister of Agriculture and Aquaculture”
wherever it appears and substituting “Minister of Agriculture, Aquaculture
and Fisheries”.
Poultry Health Protection
Act
107 Subsection
1.1(1) of the Poultry Health Protection Act, chapter P-12 of the Revised
Statutes, 1973, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Agriculture, Aquaculture and Fisheries and includes
any person designated to act on the Minister’s behalf; (Ministre)
Regulations under the Poultry Health Protection Act
108(1) Section 2 of New Brunswick Regulation
82-97 under the Poultry Health Protection Act is amended by repealing
the definition “Department” and substituting the following:
“Department”
means the Department of Agriculture, Aquaculture and Fisheries; (ministère)
108(2) Paragraph 30(1)(a) of the Regulation
is repealed and the following is substituted:
(a) the words “Under Detention - Department
of Agriculture, Aquaculture and Fisheries - En rétention - Ministère
de l’Agriculture, de l’Aquaculture and des Pêches”,
109 Section
2 of New Brunswick Regulation 84-71 under the Poultry Health Protection
Act is amended by repealing the definition “Director”
and substituting the following:
“Director ”means
the Director of the Animal Industry Branch of the Department of Agriculture,
Aquaculture and Fisheries; (directeur)
Provincial Offences
Procedure Act
110 Paragraph
101(4)(c) of the Provincial Offences Procedure Act, chapter P-22.1
of the Acts of New Brunswick, 1987, is amended by striking out “Minister
of Transportation” and substituting “Minister of Transportation and Infrastructure”.
Public Landings Act
111(1) Subsection 2(2) of the Public
Landings Act, chapter P-23.01 of the Acts of New Brunswick, 1977,
is amended by striking out “Minister of Transportation”
and substituting “Minister of Transportation and Infrastructure”.
111(2) Section 3 of the Act is repealed
and the following is substituted:
Authority of the Minister
of Transportation and Infrastructure
3 Notwithstanding
any other Act prohibiting the erection of any building or structure
on such areas or tracts of land referred to in section 1, the Minister
of Transportation and Infrastructure or the Minister’s engineers,
workers, contractors or agents may, on such areas or tracts of land
referred to in section 1, except those areas and tracts of land referred
to as public landings numbers 4, 5 and 10, erect any building or structure
and may conduct any works and deposit any material as the Minister
of Transportation and Infrastructure considers necessary for the public
good.
111(3) Section
4 of the Act is amended by striking out “Minister of Transportation”
and substituting “Minister of Transportation and Infrastructure”.
Public Purchasing Act
112 Section
1 of the Public Purchasing Act, chapter P-23.1 of the Revised Statutes,
1973, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Transportation and Infrastructure and includes
a person designated under section 1.1 to act on the Minister’s
behalf; (Ministre)
Regulation under the Public Purchasing Act
113(1) Section 31 of New Brunswick Regulation
94-157 under the Public Purchasing Act is amended
(a) in paragraph (1)(c) by striking out “Minister of Transportation”
and substituting “Minister
of Transportation and Infrastructure”;
(b) in subsection (2) by striking out “Minister of Transportation”
and substituting “Minister
of Transportation and Infrastructure”.
113(2) Section 32 of the Regulation
is repealed and the following is substituted:
32 The
following special exemptions from purchasing supplies through the
Minister are made for the Department of Agriculture, Aquaculture and
Fisheries:
(a) gasoline and diesel fuel for the Bonaccord
Seed Potato Farm, the certified strawberry nursery at Hoyt and the
Agricultural Engineering Branch;
(b) drugs purchased for use by the Veterinary
Branch;
(c) feed and bedding from the New Brunswick
Central Artificial Breeding Co-op Ltd;
(d) certified plant stock offered for resale;
(e) experimental aquaculture equipment to be
used in applied research programs and any part thereof;
(f) consumable goods to be used in applied
research programs;
(g) fish and crustaceans used for applied research,
promotional programs, fish food and broodstock; and
(h) experimental fishing equipment, experimental
aquatic resource equipment and experimental vessel equipment to be
used in applied research programs, and any part thereof.
113(3) Section 32.1 of the Regulation
is repealed.
113(4) Section 35 of the Regulation
is amended in the portion preceding paragraph (a) by striking out “Department
of Education” and substituting “Department of Education
and Early Childhood Development”.
113(5) Schedule A of the Regulation
is amended
(a) by striking out
Department of Agriculture
and Aquaculture
Department of Education
Department of Fisheries
(b) by adding the following in alphabetical order:
Department of Agriculture, Aquaculture
and Fisheries
Department of Education and Early Childhood
Development
Public Service
Labour Relations Act
114 The
First Schedule of the Public Service Labour Relations Act, chapter
P-25 of the Revised Statutes, 1973, is amended in Part I
(a) by striking out
Department of Agriculture
and Aquaculture
Department of Education
Department of Fisheries
(b) by adding the following in alphabetical order:
Department of Agriculture, Aquaculture
and Fisheries
Department of Education and Early Childhood
Development
Public Service
Superannuation Act
115 Paragraph
21(2)(c) of the Public Service Superannuation Act, chapter P-26 of
the Revised Statutes, 1973, is amended by striking out “Minister
of Education” and substituting “Minister of Education and Early
Childhood Development”.
Public Works Act
116 Section
1 of the Public Works Act, chapter P-28 of the Revised Statutes, 1973,
is amended by repealing the definition “Minister” and
substituting the following:
“Minister”
means the Minister of Transportation and Infrastructure; (Ministre)
Real Property Tax Act
117(1) Section 5 of the Real Property
Tax Act, chapter R-2 of the Revised Statutes, 1973, is amended
(a) in subsection (13)
(i) in paragraph (a) by striking out “Minister
of Agriculture and Aquaculture” and substituting “Minister
of Agriculture, Aquaculture and Fisheries”;
(ii) in paragraph (b) by striking out “Minister
of Agriculture and Aquaculture” and substituting “Minister
of Agriculture, Aquaculture and Fisheries”;
(b) in subsection (16) by striking out “Minister of Agriculture
and Aquaculture” and substituting “Minister of Agriculture, Aquaculture
and Fisheries”;
(c) in subsection (17) by striking out “Minister of Agriculture
and Aquaculture” and substituting “Minister of Agriculture, Aquaculture
and Fisheries”.
117(2) Subsection 12(1.1) of the Act
is amended by striking out “Minister of Agriculture and Aquaculture”
and substituting “Minister of Agriculture, Aquaculture
and Fisheries”.
Regulation under the Real Property Tax Act
118 Section
2 of New Brunswick Regulation 84-75 under the Real Property Tax Act
is amended
(a) by repealing the definition “Department” and
substituting the following:
“Department” means the Department
of Agriculture, Aquaculture and Fisheries; (Ministère)
(b) by repealing the definition “Minister” and substituting
the following:
“Minister” means the Minister
of Agriculture, Aquaculture and Fisheries; (Ministre)
Seafood Processing
Act
119 Section
1 of the Seafood Processing Act, chapter S-5.3 of the Acts of New
Brunswick, 2006, is amended
(a) by repealing the definition “Department” and
substituting the following:
“Department” means the Department
of Agriculture, Aquaculture and Fisheries. (ministère)
(b) by repealing the definition “Minister” and substituting
the following:
“Minister” means the Minister
of Agriculture, Aquaculture and Fisheries. (ministre)
Sheep Protection Act
120 Section
1 of the Sheep Protection Act, chapter S-7 of the Revised Statutes,
1973, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Agriculture, Aquaculture and Fisheries and includes
any person designated by the Minister to act on the Minister’s
behalf; (Ministre)
Shortline Railways
Act
121 Section
1 of the Shortline Railways Act, chapter S-8.1 of the Acts of New
Brunswick, 1994, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Transportation and Infrastructure and includes
persons designated under section 7 to act on the Minister’s
behalf; (Ministre)
Teachers’ Pension Act
122(1) Subsection 1(1) of the Teachers’
Pension Act, chapter T-1 of the Revised Statutes, 1973, is amended
(a) in the definition “teacher”
(i) by striking out paragraph (a.2) and substituting
the following:
(a.2) is a person who was a teacher employed
under Part II of the public service of the Province as specified in
the First Schedule of the Public
Service Labour Relations Act immediately before becoming employed
with the Department of Education and Early Childhood Development in
a position prescribed by regulation, if such person became employed
with the Department on or after March 1, 1996;
(ii) in paragraph (c) by striking out “Minister
of Education” and substituting “Minister of Education
and Early Childhood Development”;
(b) by repealing the definition “teacher’s licence”
and substituting the following:
“teacher’s licence” means
an authorization to teach issued by the Minister of Education and
Early Childhood Development but does not include a local permit except
a local permit issued by the Minister of Education on or before June
30, 1992, authorizing a person to teach kindergarten; (brevet
d’enseignement)
122(2) Subparagraph 4(1)(b)(ii) of the
Act is amended
(a) in clause (B.1) by striking out “Minister of Education”
and substituting “Minister
of Education and Early Childhood Development”;
(b) in clause (D) by striking out “Minister of Education”
and substituting “Minister
of Education and Early Childhood Development”.
122(3) Paragraph 19(2)(b) of the Act
is amended by striking out “Minister of Education” and
substituting “Minister of Education and Early Childhood
Development”.
122(4) Paragraph 27(1)(a.01) of the
Act is amended by striking out “Department of Education”
and substituting “Department of Education and Early Childhood
Development”.
Regulation under the Teachers’ Pension Act
123(1) Section 2.1 of New Brunswick
Regulation 84-106 under the Teachers’ Pension Act is amended
in the portion preceding paragraph (a) by striking out “Department
of Education” and substituting “Department of Education
and Early Childhood Development”.
123(2) Paragraph 6(1)(b) of the Regulation
is amended by striking out “Deputy Minister of Education”
and substituting “Deputy Minister of Education and Early
Childhood Development”.
Women’s
Institute and Institut féminin Act
124(1) Section 1 of the Women’s
Institute and Institut féminin Act, chapter W-11 of the Revised
Statutes, 1973, is amended by repealing the definition “Minister”
and substituting the following:
“Minister”
means the Minister of Agriculture, Aquaculture and Fisheries; (Ministre)
124(2) Section 15 of the Act is amended
by striking out “Department of Agriculture and Rural Development”
and substituting “Department of Agriculture, Aquaculture
and Fisheries”.
124(3) Section 24 of the Act is amended
by striking out “Department of Agriculture and Rural Development”
and substituting “Department of Agriculture, Aquaculture
and Fisheries”.
Regulations under the Women’s Institute and Institut féminin
Act
125 Section
2 of New Brunswick Regulation 82-17 under the Women’s Institute
and Institut féminin Act is amended by striking out “Department
of Agriculture and Aquaculture” and substituting “Department of Agriculture, Aquaculture
and Fisheries”.
126(1) Form 1 of New Brunswick Regulation
82-18 under the Women’s Institute and Institut féminin
Act is amended by striking out “Minister of Agriculture and
Aquaculture” and substituting “Minister of Agriculture,
Aquaculture and Fisheries”.
126(2) Form 2 of the Regulation is amended
by striking out “Minister of Agriculture and Aquaculture”
and substituting “Minister of Agriculture, Aquaculture
and Fisheries”.
Youth Assistance Act
127 Subsection
10(1) of the Youth Assistance Act, chapter Y-2 of the Acts of New
Brunswick, 1984, is amended by striking out “Minister of Business
New Brunswick” and substituting “Minister of Economic Development”.
Commencement
128 This
Act shall be deemed to have come into force on October 12, 2010.