Bill 15 - An Act to Amend the Executive Council Act

BILL 15

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1 Section 2 of the Executive Council Act, chapter 152 of the Revised Statutes, 2011, is repealed and the following is substituted:

2 Under the Great Seal of the Province, the Lieutenant-Governor in Council may appoint from among the members of the Executive Council the following Ministers who shall hold office during pleasure: a President of the Executive Council, a Minister of Economic Development, a Minister of Agriculture, Aquaculture and Fisheries, a Minister of Education and Early Childhood Development, a Minister of Energy and Mines, a Minister of Environment and Local Government, a Minister of Finance, a Minister of Government Services, a Minister of Health, a Minister of Healthy and Inclusive Communities, a Minister of Human Resources, a Minister of Justice who shall also be Attorney General, a Minister of Natural Resources, a Minister of Post-Secondary Education, Training and Labour, a Minister of Public Safety who shall also be Solicitor General, a Minister of Social Development, a Minister of Tourism, Heritage and Culture, and a Minister of Transportation and Infrastructure.

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 Culture, Tourism and Healthy Living, it shall be read, unless the context otherwise requires, as a reference to the Minister, Deputy Minister or Department of Tourism, Heritage and Culture.

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 or Deputy Minister or Department of Energy, it shall be read, unless the context otherwise requires, as a reference to the Minister, Deputy Minister or Department of Energy and Mines.

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 or Deputy Minister of the Management Board or the Management Board, it shall be read, unless the context otherwise requires, as a reference to the Minister, Deputy Minister or Department of Human Resources.

3(1) Any act or thing done from October 9, 2012, to the date of the enactment of this section, inclusive, by the Minister of Energy and Mines, the Minister of Healthy and Inclusive Communities, the Minister of Human Resources, or the Minister of Tourism, Heritage and Culture, 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

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 9, 2012, for the Department of Energy and Mines, the Department of Healthy and Inclusive Communities, the Department of Human Resources, and the Department of Tourism, Heritage and Culture.

4(2) Any act or thing done on or after October 9, 2012, 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

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 9, 2012, 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 9, 2012, 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

Arts Development Trust Fund Act

6(1) Section 3 of the Arts Development Trust Fund Act, chapter 113 of the Revised Statutes, 2011, is amended in the portion preceding paragraph (a) by striking out “the Minister of Culture, Tourism and Healthy Living” and substituting “the Minister of Tourism, Heritage and Culture”.

6(2) Section 4 of the Act is amended

(a) in subsection (1) by striking out “the Minister of Culture, Tourism and Healthy Living” and substituting “the Minister of Tourism, Heritage and Culture”;

(b) in subsection (2) by striking out “the Minister of Culture, Tourism and Healthy Living” and substituting “the Minister of Tourism, Heritage and Culture”.

Assessment Act

7 Subsection 15.3(1) of the Assessment Act, chapter A-14 of the Revised Statutes, 1973, is amended by repealing the definition “Minister” and substituting the following:

“Minister” means the Minister of Tourism, Heritage and Culture and includes any person designated by the Minister to act on the Minister’s behalf for the purposes of this section. (ministre)

Beaverbrook Art Gallery Act

8 Subparagraph 6(2)(a)(iii) of the Beaverbrook Art Gallery Act, chapter 119 of the Revised Statutes, 2011, is amended by striking out “the Minister of Culture, Tourism and Healthy Living” and substituting “the Minister of Tourism, Heritage and Culture”.

Bituminous Shale Act

9 Section 1 of the Bituminous Shale Act, chapter B-4.1 of the Acts of New Brunswick, 1976, is amended by repealing the definition “Minister” and substituting the following:

“Minister” means the Minister of Energy and Mines and includes any person designated by the Minister to act on the Minister’s behalf; (Ministre)

Civil Service Act

10(1) Section 3.1 of the Civil Service Act, chapter C-5.1 of the Acts of New Brunswick, 1984, is amended

(a) in subsection (1) by striking out “Management Board” and substituting “Human Resources”;

(b) in subsection (2) by striking out “Management Board” and substituting “Human Resources”;

(i) in paragraph (a) by striking out “Management Board” and substituting “Human Resources”;

(ii) in paragraph (b) by striking out “Management Board” and substituting “Human Resources”.

10(2) The heading “POWERS AND DUTIES OF THE DEPUTY MINISTER OF MANAGEMENT BOARD” preceding section 4 of the Act is amended by striking out “MANAGEMENT BOARD” and substituting “HUMAN RESOURCES”.

10(3) Section 4 of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “Management Board” and substituting “Human Resources”;

(b) in paragraph (d) by striking out “Management Board” wherever it appears and substituting “Human Resources”.

10(4) Section 4.1 of the Act is amended

(a) in subsection (1) by striking out “Management Board” wherever it appears and substituting “Human Resources”;

(b) in subsection (2) by striking out “Management Board” and substituting “Human Resources”.

10(5) Subsection 5(1) of the Act is amended by striking out “Management Board” and substituting “Human Resources”.

10(6) Subsection 6(1) of the Act is amended by striking out “Management Board” and substituting “Human Resources”.

10(7) Section 7 of the Act is amended by striking out “Management Board” and substituting “Human Resources”.

10(8) Section 8 of the Act is amended in the portion preceding paragraph (a) by striking out “Management Board” and substituting “Human Resources”.

10(9) Section 9 of the Act is amended by striking out “Management Board” and substituting “Human Resources”.

10(10) Section 11 of the Act is amended

(a) in subsection (1) by striking out “Management Board” and substituting “Human Resources”;

(b) in subsection (2) by striking out “Management Board” and substituting “Human Resources”;

10(11) Section 12 of the Act is amended

(a) in subsection (1) by striking out “Management Board” wherever it appears and substituting “Human Resources”;

(b) in subsection (2) by striking out “Management Board” and substituting “Human Resources”.

10(12) Section 13 of the Act is amended

(a) in subsection (1) by striking out “Management Board” and substituting “Human Resources”;

(b) in subsection (2) by striking out “Management Board” wherever it appears and substituting “Human Resources”.

10(13) Section 15 of the Act is amended

(a) in subsection (1) by striking out “Management Board” and substituting “Human Resources”;

(b) in subsection (2) by striking out “Management Board” and substituting “Human Resources”.

10(14) Subsection 16(1) of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “Management Board” and substituting “Human Resources”;

(b) in paragraph (c) by striking out “Management Board” and substituting “Human Resources”;

(c) in paragraph (d) of the English version in the portion preceding subparagraph (i) by striking out “Management Board” and substituting “Human Resources”.

10(15) Section 16.1 of the Act is amended by striking out “Management Board” and substituting “Human Resources”.

10(16) Section 19 of the Act is amended by striking out “Management Board” and substituting “Human Resources”.

10(17) Section 23 of the Act is amended

(a) in subsection (4) by striking out “Management Board” wherever it appears and substituting “Human Resources”;

(b) in subsection (5) in the portion following paragraph (b) by striking out “Management Board” wherever it appears and substituting “Human Resources”.

10(18) Section 26 of the Act is amended

(a) in subsection (3) by striking out “Management Board” wherever it appears and substituting “Human Resources”;

(b) in subsection (4) by striking out “Management Board” and substituting “Human Resources”.

10(19) Section 28 of the Act is amended by striking out “Management Board” wherever it appears and substituting “Human Resources” .

10(20) Paragraph 31(1)(d) of the Act is amended by striking out “Management Board” and substituting “Human Resources”.

10(21) Section 33 of the Act is amended

(a) in subsection (1) by striking out “Management Board” and substituting “Human Resources”;

(b) in subsection (2) by striking out “Management Board” and substituting “Human Resources”;

10(22) Section 33.1 of the Act is amended

(a) in subsection (1) by striking out “ Management Board” and substituting “Human Resources”;

(b) in subsection (2) by striking out “ Management Board” and substituting “Human Resources”;

(d) in subsection (5) by striking out “Management Board” and substituting “Human Resources”;

(e) in subsection (6) by striking out “Management Board” and substituting “Human Resources”;

(f) in subsection (7) by striking out “Management Board” and substituting “Human Resources”;

(g) in subsection (8) by striking out “Management Board” and substituting “Human Resources”.

10(23) Section 33.2 of the Act is amended

(a) in subsection (1) by striking out “Management Board” and substituting “Human Resources”;

(b) in subsection (6)

(i) in paragraph (a) by striking out “Management Board” and substituting “Human Resources”;

(ii) in paragraph (b) by striking out “Management Board” and substituting “Human Resources”;

10(24) Section 37 of the Act is amended by striking out “Management Board” and substituting “Human Resources”.

10(25) Section 42 of the Act is amended

(a) in paragraph (i) by striking out “Management Board” and substituting “Human Resources”;

(b) in paragraph (k) by striking out “Management Board” and substituting “Human Resources”.

Regulations under the Civil Service Act

11(1) Subsection 8(1) of New Brunswick Regulation 84-229 under the Civil Service Act is amended by striking out “Management Board” and substituting “Human Resources”.

11(2) Section 9 of the Regulation is amended

(a) in paragraph (1)(b) by striking out “Management Board” and substituting “Human Resources”;

(b) in subsection (2) by striking out “Management Board” and substituting “Human Resources”.

11(3) Section 12 of the Regulation is amended

(a) in subsection (1) by striking out “Management Board” and substituting “Human Resources”;

(b) in subsection (2) by striking out “Management Board” and substituting “Human Resources”.

12(1) The enacting clause in New Brunswick Regulation 84-230 under the Civil Service Act is amended by striking out “Management Board” and substituting “Human Resources”.

12(2) Section 3 of the Regulation is amended

(a) in paragraph (c) by striking out “Management Board” and substituting “Human Resources”;

(b) in paragraph (i) by striking out “Management Board” and substituting “Human Resources”;

13(1) Section 3 of New Brunswick Regulation 93-137 under the Civil Service Act is repealed and the following is substituted:

3 The following are the portions of the public service for the purposes of the definition “Civil Service” in the Act:

Aboriginal Affairs Secretariat of Executive Council Office

Department of Agriculture, Aquaculture and Fisheries

Department of Economic Development

Department of Education and Early Childhood Development

Department of Energy and Mines

Department of Environment and Local Government

Department of Finance

Department of Government Services

Department of Health

Department of Healthy and Inclusive Communities

Department of Human Resources

Department of Justice and Attorney General

Department of Natural Resources

Department of Post-Secondary Education, Training and Labour

Department of Public Safety

Department of Social Development

Department of Transportation and Infrastructure

Department of Tourism, Heritage and Culture

Executive Council Office except Aboriginal Affairs Secretariat

Labour and Employment Board

New Brunswick Police Commission

Office of the Comptroller

Office of the Premier

Regional Assessment Review Boards - Full-time Employees

13(2) Section 5.1 of the Regulation is amended

(a) by striking out

Management Board

(b) by adding the following in alphabetical order:

Department of Human Resources

14 The enacting clause in New Brunswick Regulation 95-17 under the Civil Service Act is amended by striking out “Management Board” and substituting “Human Resources”.

Clean Environment Act

15 Paragraph 6.1(10)(b) of the Clean Environment Act, chapter C-6 of the Revised Statutes, 1973, is repealed and the following is substituted:

(b) the head office of the Department of Natural Resources and at the regional office of the Department of Natural Resources specified in the notice, and

Regulation under the Clean Water Act

16 Schedule B of New Brunswick Regulation 2000-47 under the Clean Water Act is amended in paragraph 7(1)(h)

(a) in subparagraph (iv) by striking out “Minister of Natural Resources” and substituting “Minister of Energy and Mines”;

(b) in subparagraph (v) by striking out “Minister of Natural Resources” and substituting “Minister of Energy and Mines”.

Conservation Easements Act

17 Section 1 of the Conservation Easements Act, chapter 130 of the Revised Statutes, 2011, is amended by repealing the definition “Minister” and substituting the following:

“Minister” means (ministre)

(a) the Minister of Tourism, Heritage and Culture, and includes any person designated by the Minister to act on the Minister’s behalf, in the case of a conservation easement granted for the purposes of paragraph 3(g); and

(b) the Minister of Natural Resources, and includes any person designated by the Minister to act on the Minister’s behalf, in the case of all other conservation easements.

Electricity Act

18 Section 1 of the Electricity Act, chapter E-4.6 of the Acts of New Brunswick, 2003, is amended by repealing the definition “Minister” and substituting the following:

“Minister” means the Minister of Energy and Mines; (Ministre)

Regulation under the Emergency Measures Act

19 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 Culture, Tourism and Healthy Living

Department of Energy

(ii) by adding the following in alphabetical order:

Department of Energy and Mines

Department of Tourism, Heritage and Culture

(b) in subsection (3)

(i) in paragraph (l) in the portion preceding subparagraph (i) by striking out “Department of Culture, Tourism and Healthy Living” and substituting “Department of Tourism, Heritage and Culture”;

(ii) in paragraph (p) by striking out “the Department of Energy” and substituting “the Department of Energy and Mines”.

Energy and Utilities Board Act

20 Section 1 of the Energy and Utilities Board Act, chapter E-9.18 of the Acts of New Brunswick, 2006, is amended by repealing the definition “Minister” and substituting the following:

“Minister” means the Minister of Energy and Mines. (ministre)

Energy Efficiency Act

21 Section 1 of the Energy Efficiency Act, chapter 149 of the Revised Statutes, 2011, is amended by repealing the definition “Minister” and substituting the following:

“Minister” means the Minister of Energy and Mines and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

Financial Administration Act

22(1) Section 1 of the Financial Administration Act, chapter 160 of the Revised Statutes, 2011, is amended by adding the following definition in alphabetical order:

“Minister” means the Minister Finance and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

22(2) The Act is amended by adding after section 1 the following:

Administration application

1.1(1) Subject to subsection (2), the Minister shall administer this Act and may appoint one or more persons to act on the Minister’s behalf.

1.1(2) The Chair shall administer those portions of this Act that relate to the operation and responsibilities of the Board.

22(3) Subsection 3(1) of the Act is amended

(a) in paragraph (a) by striking out “Minister of Management Board” and substituting “Minister of Finance”;

(b) by repealing paragraph (b) and substituting the following:

(b) a vice-chair who shall be a minister, other than the Minister of Finance, designated by the Lieutenant-Governor in Council, and

22(4) Section 4 of the Act is amended by striking out “Deputy Minister of Management Board” and substituting “Deputy Minister of Finance”.

22(5) The Act is amended by adding after section 7 the following:

Department of Finance

7.1 The Minister shall preside over a department called the Department of Finance.

Responsibilities of Minister

7.2 The Minister has the management and direction of the Department of Finance, the management of the Consolidated Fund and public debt and the supervision, control and direction of all matters relating to the financial affairs of the Province not by this or any other Act assigned to the Board, to the Chair or to any other Minister.

22(6) Section 11 of the Act is amended by striking out “of Finance”.

22(7) The Act is amended by adding after section 11 the following:

Deputy Minister of Finance

11.1 There shall be a Deputy Minister of Finance appointed by the Lieutenant-Governor in Council.

22(8) Subsection 13(3) of the Act is amended by striking out “an Order in Council providing for his or her removal, and the documents relating to it, shall be laid” and substituting “the Minister shall lay the Order in Council providing for his or her removal and the documents relating to it”.

22(9) Paragraph 14(e) of the Act is amended by striking out “of Finance”.

22(10) Subsection 16(2) of the Act is amended in the portion preceding paragraph (a) by striking out “of Finance”.

22(11) Subsection 17(1) of the Act is amended by striking out “of Finance”.

22(12) Section 21 of the Act is amended

(a) in subsection (1) by striking out “of Finance”;

(b) in subsection (2) by striking out “of Finance”;

(d) in subsection (4) by striking out “of Finance”.

22(13) Section 22 of the Act is amended by striking out “of Finance”.

22(14) Section 27 of the Act is amended by adding the following after subsection (1):

27(1.1) Subject to any other Act, the Board may order the Minister to pay, out of the Consolidated Fund, interest as prescribed by regulation on money referred to in subsection (1).

22(15) Section 40 of the Act is amended in the portion preceding paragraph (a) by striking out “of Finance”.

22(16) Section 41 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “of Finance”;

(b) in subsection (2) by striking out “of Finance”.

22(17) Section 42 of the Act is amended by striking out “of Finance”.

22(18) Section 46 of the Act is amended

(a) in subsection (1)

(i) in the portion preceding paragraph (a) by striking out “of Finance”;

(ii) in paragraph (b) of the English version by striking out “of Finance”;

(b) in subsection (2) by striking out “of Finance”;

22(19) Section 50 of the Act is amended in the portion preceding paragraph (a) by striking out “of Management Board”.

Regulation under the Financial Administration Act

23(1) New Brunswick Regulation 83-227 under the Financial Administration Act is amended by adding after section 5 the following:

5.1(1) Despite section 5, if personal property to be disposed of under the Act is unserviceable, redundant, worn out or no longer required, the Minister or Deputy Head of the department seeking the disposal may transfer such property to the Minister of Government Services for disposal.

5.1(2) Section 5 applies with the necessary modifications to the disposal of personal property referred to in subsection (1) by the Minister of Government Services.

23(2) The Regulation is amended by adding after section 6 the following:

6.01(1) Despite section 6, if any personal property that is to be disposed of under the Act is unserviceable, redundant, worn out or no longer required and has a cumulative value of less than one thousand dollars, the Minister of Government Services may authorize the Minister of the department seeking the disposal to dispose of such property.

6.01(2) Section 6 applies with the necessary modifications to the disposal of personal property referred to in subsection (1) by the Minister of Government Services.

23(3) Subsection 7.3(1) of the Regulation is amended by striking out “Minister of Transportation and Infrastructure” and substituting “Minister of Government Services”.

23(4) Schedule A of the Regulation is amended

(a) by striking out

Department of Culture, Tourism and Healthy Living

Department of Energy

Energy

Management Board

(b) by adding the following in alphabetical order:

Department of Energy and Mines

Department of Healthy and Inclusive Communities

Department of Human Resources

Department of Tourism, Heritage and Culture

Gas Distribution Act, 1999

24 Section 1 of the Gas Distribution Act, 1999, chapter G-2.11 of the Acts of New Brunswick, 1999, is amended by repealing the definition “Minister” and substituting the following:

“Minister” means the Minister of Energy and Mines and includes any person designated by the Minister to act on the Minister’s behalf; (Ministre)

Regulation under the Harmonized Sales Taxes Act

25 Subsection 6(1) of New Brunswick Regulation 2006-30 under the Harmonized Sales Taxes Act is amended by striking out “Minister of Energy” and substituting “Minister of Energy and Mines”.

Heritage Conservation Act

26 Section 1 of the Heritage Conservation Act, chapter H-4.05 of the Acts of New Brunswick, 2010, is amended by repealing the definition “Minister” and substituting the following:

“Minister” means the Minister of Tourism, Heritage and Culture and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

Regulation under the Highway Act

27 Paragraph 7(2)(e) of New Brunswick Regulation 97-143 under the Highway Act is amended by striking out “Minister of Culture, Tourism and Healthy Living” and substituting “Minister of Tourism, Heritage and Culture”.

Inquiries Act

28 Subsection 13(1) of the Inquiries Act, chapter 173 of the Revised Statutes, 2011, is repealed and the following is substituted:

13(1) At any time, the Minister of Energy and Mines, the Minister of Natural Resources or the Minister of Transportation and Infrastructure may hold an inquiry into any matter connected with his or her department, and for that purpose shall have all the powers given under this Act 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 an inquiry shall apply and extend to the Minister of Energy and Mines, the Minister of Natural Resources or the Minister of Transportation and Infrastructure, and to all acts, matters and things done by the Minister in the course of an inquiry, or preliminary to or consequent on an inquiry.

Regulation under the Jury Act

29(1) Form 2 of New Brunswick Regulation 95-126 under the Jury Act is amended by striking out “in the Office of the Attorney General of New Brunswick or the Department of Justice and Consumer Affairs of New Brunswick” and substituting “in the Department of Justice and Attorney General of New Brunswick”.

29(2) Form 5 of the Regulation is amended by striking out “in the Office of the Attorney General of New Brunswick or the Department of Justice and Consumer Affairs of New Brunswick” and substituting “in the Department of Justice and Attorney General of New Brunswick”.

Kings Landing Corporation Act

30 Section 1 of the Kings Landing Corporation Act, chapter K-1 of the Revised Statutes, 1973, is amended by repealing the definition “Minister” and substituting the following:

“Minister” means the Minister of Tourism, Heritage and Culture and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

Mining Act

31 Section 1 of the Mining Act, chapter M-14.1 of the Acts of New Brunswick, 1985, is amended

(a) by repealing the definition “Crown Lands” and substituting the following:

“Crown Lands” means all or any part of the lands vested in the Crown that are under the administration and control of the Minister of Natural Resources and includes any water upon or under the surface of such lands; (terres de la Couronne)

(b) by repealing the definition “Minister” and substituting the following:

“Minister” means the Minister of Energy and Mines and includes any person designated by the Minister to act on the Minister’s behalf; (Ministre)

Regulations under the Municipalities Act

32(1) Form 1 of New Brunswick Regulation 84-168 under the Municipalities Act is amended by striking out “Minister of the Local Government” wherever it appears and substituting “Minister of Environment and Local Government”.

32(2) Form 2 of the Regulation is amended by striking out “Minister of the Local Government” wherever it appears and substituting “Minister of Environment and Local Government”.

32(3) Form 3 of the Regulation is amended by striking out “Minister of the Local Government” wherever it appears and substituting “Minister of Environment and Local Government”.

32(4) Form 4 of the Regulation is amended by striking out “Minister of the Local Government” wherever it appears and substituting “Minister of Environment and Local Government”.

32(5) Form 5 of the Regulation is amended by striking out “Minister of the Local Government” wherever it appears and substituting “Minister of Environment and Local Government”.

33 Section 16 of New Brunswick Regulation 2010-23 under the Municipalities Act is amended

(a) in paragraph (2)(c) by striking out “Management Board” and substituting “Department of Human Resources”;

(b) in subsection (4) by striking out “Management Board” and substituting “Department of Human Resources”.

New Brunswick Arts Board Act

34 Section 1 of the New Brunswick Arts Board Act, chapter 192 of the Revised Statutes, 2011, is amended by repealing the definition “Minister” and substituting the following:

“Minister” means the Minister of Tourism, Heritage and Culture and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

Regulation under the New Brunswick Income Tax Act

35(1) Section 3 of New Brunswick Regulation 2001-12 under the New Brunswick Income Tax Act is amended

(a) in subsection (1) by striking out “Minister of Culture, Tourism and Healthy Living” and substituting “Minister of Tourism, Heritage and Culture”;

(b) in subsection (2) by striking out “Minister of Culture, Tourism and Healthy Living” and substituting “Minister of Tourism, Heritage and Culture”;

(c) in subsection (3) by striking out “Minister of Culture, Tourism and Healthy Living” and substituting “Minister of Tourism, Heritage and Culture”.

35(2) Paragraph 4(2)(c) of the Regulation is amended by striking out “, the Minister of Culture, Tourism and Healthy Living”.

35(3) Paragraph 5(b) of the Regulation is amended by striking out “Minister of Culture, Tourism and Healthy Living” and substituting “Minister of Tourism, Heritage and Culture”.

35(4) Section 6 of the Regulation is amended

(a) by repealing subsection (1) and substituting the following:

6(1) If the Minister of Tourism, Heritage and Culture, or a person designated by that Minister, determines that the requirements under this Regulation and section 60 of the Act have been met with respect to a project, the Minister of Tourism, Heritage and Culture may recommend to the Minister of Finance of New Brunswick that a certificate be issued to the applicant.

(b) in subsection (2) by striking out “Minister of Culture, Tourism and Healthy Living” and substituting “Minister of Tourism, Heritage and Culture”.

New Brunswick Museum Act

36(1) Section 5 of the New Brunswick Museum Act, chapter 193 of the Revised Statutes, 2011, is amended by striking out “Minister of Culture, Tourism and Healthy Living” and substituting “Minister of Tourism, Heritage and Culture”.

36(2) Paragraph 8(1)(c) of the Act is amended by striking out “Minister of Culture, Tourism and Healthy Living” and substituting “Minister of Tourism, Heritage and Culture”.

Off-Road Vehicle Act

37(1) Section 1 of the Off-Road Vehicle Act, chapter O-1.5 of the Acts of New Brunswick, 1985, is amended

(a) in the definition “motorized snow vehicle managed trail” by striking out “Minister of Culture, Tourism and Healthy Living” and substituting “Minister of Tourism, Heritage and Culture”;

(b) in the definition “motorized snow vehicle trail manager” by striking out “Minister of Culture, Tourism and Healthy Living” and substituting “Minister of Tourism, Heritage and Culture”.

37(2) Section 7.2 of the Act is amended

(a) in subsection (1) by striking out “Minister of Culture, Tourism and Healthy Living” and substituting “Minister of Tourism, Heritage and Culture”;

(b) in subsection (3)

(i) in the portion preceding paragraph (a) by striking out “Minister of Culture, Tourism and Healthy Living” and substituting “Minister of Tourism, Heritage and Culture”;

(ii) in paragraph (c) by striking out “Minister of Culture, Tourism and Healthy Living” and substituting “Minister of Tourism, Heritage and Culture”;

(iii) in paragraph (j) by striking out “Minister of Culture, Tourism and Healthy Living” and substituting “Minister of Tourism, Heritage and Culture”;

(iv) in paragraph (k) by striking out “Minister of Culture, Tourism and Healthy Living” and substituting “Minister of Tourism, Heritage and Culture”;

(v) in paragraph (m) by striking out “Minister of Culture, Tourism and Healthy Living” and substituting “Minister of Tourism, Heritage and Culture”;

(vi) in paragraph (o) by striking out “Minister of Culture, Tourism and Healthy Living” and substituting “Minister of Tourism, Heritage and Culture”;

(c) in subsection (5) by striking out “Minister of Culture, Tourism and Healthy Living” and substituting “Minister of Tourism, Heritage and Culture”.

37(3) Subsection 7.3(2) of the Act is amended by striking out “Minister of Culture, Tourism and Healthy Living” and substituting “Minister of Tourism, Heritage and Culture”.

37(4) Subsection 7.5(1) of the Act is amended by striking out “Minister of Culture, Tourism and Healthy Living” and substituting “Minister of Tourism, Heritage and Culture”.

37(5) Paragraph 38(d.1) of the Act is amended by striking out “Minister of Culture, Tourism and Healthy Living” and substituting “Minister of Tourism, Heritage and Culture”.

37(6) Subparagraph 39.4(b)(iii) of the Act is amended by striking out “Department of Culture, Tourism and Healthy Living” and substituting “Department of Tourism, Heritage and Culture”.

Oil and Natural Gas Act

38(1) Section 1 of the Oil and Natural Gas Act, chapter O-2.1 of the Acts of New Brunswick, 1976, is amended

(a) by repealing the definition “lease” in the English version and substituting the following:

“lease” means a lease granted for oil and natural gas rights under section 27 or 27.1, and includes a consolidated lease granted under section 32.1; (bail)

(b) by repealing the definition “Minister” and substituting the following:

“Minister” means the Minister of Energy and Mines and includes any person designated by the Minister to act on the Minister’s behalf; (Ministre)

38(2) Section 8 of the Act is amended by striking out “Minister” and substituting “Minister of Natural Resources”.

38(3) Section 27.2 of the Act is repealed.

Parks Act

39 Section 1 of the Parks Act, chapter 202 of the Revised Statutes, 2011, is amended

(a) in the definition “Department” in paragraph (a) by striking out “the Department of Culture, Tourism and Healthy Living” and substituting “the Department of Tourism, Heritage and Culture”;

(b) in the definition “Minister” in paragraph (a) by striking out “the Minister of Culture, Tourism and Healthy Living” and substituting “the Minister of Tourism, Heritage and Culture”.

Petroleum Act

40(1) Section 1 of the Petroleum Act, chapter P-8.03 of the Acts of New Brunswick, 2007, is amended

(a) by repealing the definition “Crown Lands” and substituting the following:

(b) by repealing the definition “Minister” and substituting the following:

“Minister” means the Minister of Energy and Mines. (ministre)

40(2) Section 62 of the Act is repealed and the following is substituted:

62 No person shall enter upon and explore for petroleum on Crown Lands or do any other related activity upon Crown Lands without the consent of the Minister of Natural Resources upon such terms and conditions as that Minister may impose.

40(3) Subsection 71(1) of the Act is amended by striking out “Department of Natural Resources” and substituting “Department of Energy and Mines”.

40(4) Subsection 89(1) of the Act is amended by striking out “Minister of Natural Resources” and substituting “Minister of Energy and Mines”.

40(5) Subsection 132(2) of the Act is amended by striking out “Department of Natural Resources” and substituting “Department of Energy and Mines”.

40(6) Paragraph 140(4)(b) of the Act is amended by striking out “Department of Natural Resources” and substituting “Department of Energy and Mines”.

40(7) Subsection 155(7) of the Act is amended by striking out ”Minister of Finance” and substituting “Minister of Finance, the Minister of Natural Resources”.

Petroleum Products Pricing Act

41 Section 1 of the Petroleum Products Pricing Act, chapter P-8.05 of the Acts of New Brunswick, 2006, is amended by repealing the definition “Minister” and substituting the following:

“Minister” means the Minister of Energy and Mines. (ministre)

Pipeline Act, 2005

42(1) Section 1 of the Pipeline Act, 2005, chapter P-8.5 of the Acts of New Brunswick, 2005, is amended by repealing the definition “Minister” and substituting the following:

“Minister” means the Minister of Energy and Mines. (Ministre)

42(2) Subsection 6(1) of the Act is amended by striking out “Minister of Energy” and substituting “Minister of Energy and Mines”.

42(3) Section 77 of the Act is amended by striking out “Minister of Energy” and substituting “Minister of Energy and Mines”.

Regulation under the Public Purchasing Act

43(1) Section 41.1 of New Brunswick Regulation 94-157 under the Public Purchasing Act is amended in the portion preceding paragraph (a) by striking out “the Department of Culture, Tourism and Healthy Living” and substituting “the Department of Tourism, Heritage and Culture”.

43(2) Schedule A of the Regulation is amended

(a) by striking out

Department of Culture, Tourism and Healthy Living

Department of Energy

Management Board

(b) by adding the following in alphabetical order:

Department of Energy and Mines

Department of Healthy and Inclusive Communities

Department of Human Resources

Department of Tourism, Heritage and Culture

Public Service Labour Relations Act

44(1) Section 1 of the Public Service Labour Relations Act, chapter P-25 of the Revised Statutes, 1973, is amended in the definition “person employed in a managerial or confidential capacity”

(a) in paragraph (c) by striking out “Minister of Post-Secondary Education and Training” and substituting “Minister of Post-Secondary Education, Training and Labour”;

(b) in paragraph (d)

(i) in the portion preceding subparagraph (i) by striking out “Minister of Post-Secondary Education and Training” and substituting “Minister of Post-Secondary Education, Training and Labour”;

(ii) in subparagraph (ii) by striking out “Minister of Post-Secondary Education and Training” and substituting “Minister of Post-Secondary Education, Training and Labour”.

44(2) Subparagraph 19(2)(a)(ii) of the Act is amended by striking out “Management Board” and substituting “Human Resources”.

44(3) Part I of the First Schedule of the Act is amended

(a) by striking out

Department of Culture, Tourism and Healthy Living

Department of Energy

Management Board

(b) by adding the following in alphabetical order:

Department of Energy and Mines

Department of Healthy and Inclusive Communities

Department of Human Resources

Department of Tourism, Heritage and Culture

Quarriable Substances Act

45(1) Subsection 1(1) of the Quarriable Substances Act, chapter Q-1.1 of the Acts of New Brunswick, 1991, is amended

(a) in the definition “Crown Lands” by striking out “Minister” and substituting “Minister of Natural Resources”;

(b) by repealing the definition “Minister” and substituting the following:

“Minister” means the Minister of Energy and Mines and includes any person designated by the Minister to act on the Minister’s behalf; (Ministre)

45(2) Subsection 34(6) of the Act is amended by striking out “Minister as Crown Lands” and substituting “Minister of Natural Resources as Crown Lands”.

Sport Development Trust Fund Act

46(1) Section 4 of the Sport Development Trust Fund Act, chapter 223 of the Revised Statutes, 2011, is repealed and the following is substituted:

4 For the purpose of section 3, the Minister of Healthy and Inclusive Communities, after consultation with provincial sport organizations recognized as such by the Minister of Healthy and Inclusive Communities, may provide grants to individual athletes and sport organizations.

46(2) Section 5 of the Act is amended

(a) in subsection (1) by striking out “The Minister of Culture, Tourism and Healthy Living” and substituting “The Minister of Healthy and Inclusive Communities”;

(b) in subsection (2) by striking out “Minister of Culture, Tourism and Healthy Living” and substituting “Minister of Healthy and Inclusive Communities”.

Tourism Development Act, 2008

47 Section 1 of the Tourism Development Act, 2008, chapter T-9.5 of the Acts of New Brunswick, 2008, is amended by repealing the definition “Minister” and substituting the following:

“Minister” means the Minister of Tourism, Heritage and Culture and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

Underground Storage Act

48 Section 1 of the Underground Storage Act, chapter U-1.1 of the Acts of New Brunswick, 1978, is amended by repealing the definition “Minister” and substituting the following:

“Minister” means the Minister of Energy and Mines and includes any person designated by the Minister to act on the Minister’s behalf; (Ministre)

Youth Assistance Act

49 Subsection 11(1) of the Youth Assistance Act, chapter Y-2 of the Acts of New Brunswick, 1984, is amended by striking out “Minister of Culture, Tourism and Healthy Living” and substituting “Minister of Healthy and Inclusive Communities”.

COMMENCEMENT

50(1) Subject to subsection (2), this Act shall be deemed to have come into force on October 9, 2012.

50(2) Subsections 23(1), (2), (3), sections 29 and 32 of this Act shall be deemed to have come into force on March 15, 2012.