BILL 37

An Act to Amend the Public Trustee Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Public Trustee Act, chapter P-26.5 of the Acts of New Brunswick, 2005, is amended by adding the following definitions in alphabetical order:

“Board” means the Board of Directors of the Commission appointed under section 29 of the Legal Aid Act. (conseil)

“Commission” means the New Brunswick Legal Aid Services Commission established under section 26 of the Legal Aid Act. (Commission)

“Executive Director” means the Executive Director of Legal Aid appointed under section 39 of the Legal Aid Act. (directeur général)

2 Subsection 2(1.1) of the Act is amended by striking out “applies” and substituting “does not apply”.

3 Subsection 3(3) of the Act is amended by striking out “the Minister” and substituting “the Commission”.

4 Section 4 of the Act is amended

(a)  by repealing subsection (1.1);

(b)  in subsection (2) by striking out “an employee of the Civil Service, as defined in section 1 of the Civil Service Act” and substituting “a person employed in the Public Service as defined in the Public Service Superannuation Act”.

5 The Act is amended by adding after section 4 the following:

Terms of employment

4.1(1) The Executive Director may, on behalf of the Commission, employ such persons as the Executive Director considers necessary for the provision of services of the office of the Public Trustee.

4.1(2) The remuneration and other conditions of employment of the employees in the office of the Public Trustee shall be established by the by-laws of the Board.

4.1(3) The Public Service Superannuation Act applies to the employees in the office of the Public Trustee.

4.1(4) The Civil Service Act does not apply to the employees in the office of the Public Trustee.

4.1(5) Subject to the approval of the Board, employees of the office of the Public Trustee are eligible to participate in any employee benefit program established by the Board of Management.

6 Subsection 9(5) of the Act is amended by striking out “the Minister of Finance for the purposes of subsection 17(1) of the Financial Administration Act” and substituting “the Commission”.

7 Section 20 of the Act is amended

(a)  in subsection (1) by striking out “the Minister” and substituting “the Commission”;

(b)  by adding after subsection (1) the following:

20(1.1) Before the first day of October in each year, the Commission shall submit the report on the operations of the office of the Public Trustee to the Minister for the fiscal year ending on the thirty-first day of March of that year.

(c)  by repealing subsection (2) and substituting the following:

20(2) The Minister shall lay a copy of the report on the operations of the office of the Public Trustee before the Legislative Assembly if it is in session or, if not, at the next session.

8 This Act comes into force on July 1, 2012.