Bill 44 - An Act to Amend the Public Works Act

BILL 44

An Act to Amend the Public Works 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 Works Act, chapter P-28 of the Revised Statutes of New Brunswick, 1973, is amended

(a) by repealing the definition “public work” and substituting the following:

“public work” includes all lands, buildings and other structures that are, for the purposes of a project, designated as public works by the Minister and all lands, buildings and other structures belonging to Her Majesty in right of the Province, except (ouvrage public)

( a) highways,

( b) ferry wharves or bridges,

( c) Crown lands, buildings and other structures under the jurisdiction of the Minister of Natural Resources, and

( d) the lands, buildings and other structures belonging to Her Majesty in right of the Province that are placed under the administration of a minister other than the Minister or under the administration of another agent of Her Majesty by any other Act;

(b) in the definition “work” by striking out “lands, buildings and structures” and substituting “lands, buildings and other structures”.

2 Subsection 2(1) of the Act is repealed and the following is substituted:

2( 1) The Minister is responsible for and has the general administration, management, direction and control of

( a) public works,

( b) the work carried out on public works,

( c) all money allotted for the acquisition of public works and the work carried out on public works,

( d) lands, buildings and other structures leased under section 9,

( e) the work carried out on land, buildings and other structures leased under section 9, and

( f) all money allotted for the leasing of land, buildings and other structures under section 9.

3 Section 5 of the Act is repealed and the following is substituted:

5 Any action or other proceeding for the enforcement of a contract made by the Minister or for the recovery of damages to any public work or to any land, building or other structure leased under section 9 or for the enforcement of any right in respect of a public work or any land, building or other structure leased under section 9 may be instituted in the name of the Minister.

4 Section 7 of the Act is amended by adding “and on lands, buildings and other structures leased under section 9” after “public works”.

5 Section 8.1 of the Act is amended by adding “or other structure” after “building”.

6 Section 9 of the Act is repealed and the following is substituted:

9 The Minister may contract for the purchase or lease of land, buildings and other structures required for a public work or for the use and purposes of government.

7 Section 9.1 of the Act is repealed and the following is substituted:

Notice of intention to designate

9.1 Before the Minister designates any land, building or other structure as a public work for the purposes of a project, the Minister shall serve notice in writing of the intention to designate on the owner of the land, building or other structure.

8 Section 9.3 of the Act is amended in the portion preceding paragraph (a) by striking out “lands and buildings” and substituting “lands, buildings and other structures”.

9 Subsection 9.4(1) of the Act is amended by striking out “lands and buildings” and substituting “lands, buildings and other structures”.

10 Section 12 of the Act is amended by striking out “notwithstanding any other Act,” and substituting “despite section 55 of the Financial Administration Act and any other Act,”.

11 Section 12.01 of the Act is repealed and the following is substituted:

Sale or disposal of public works without Lieutenant-Governor in Council approval

12.01( 1) Despite section 12 and despite section 55 of the Financial Administration Act and any other Act, the Minister may, without the approval of the Lieutenant-Governor in Council, sell or otherwise dispose of a public work that is no longer required by the Minister if the public work has an appraised value not exceeding $15,000.

12.01( 2) The appraised value of a public work shall be determined by a member of the New Brunswick Association of Real Estate Appraisers/Association des évaluateurs immobiliers du Nouveau-Brunswick holding the designation of Accredited Appraiser Canadian Institute (AACI).

12.01( 3) If a sale of a public work is made in the circumstances set out in this section, the proceeds of the sale shall be accounted for as public money or, on the direction of the Minister, be deposited to the credit of the Land Management Fund.

12 The Act is amended by adding after section 12.01 the following:

Transfer of land, buildings and other structures from other Ministers

12.011( 1) Despite section 55 of the Financial Administration Act, if any land, building or other structure belonging to Her Majesty in right of the Province that is under the administration of a minister other than the Minister is no longer required, that other minister shall transfer the land, building or other structure to the Minister.

12.011( 2) Any land, building or other structure referred to in subsection (1) is, on transfer to the Minister, a public work.

Transfer of public works to other Ministers

12.012 Despite section 12 and despite section 55 of the Financial Administration Act and any other Act, the Minister shall distribute lists of public works that are no longer required to other ministers and may transfer a public work to another minister by transfer at book value plus the cost of transportation and any other costs incidental to the transfer.

Disposal of public works without public auction or tender

12.013 Subject to section 12 and despite section 55 of the Financial Administration Act, the Minister may dispose of a public work that is not transferred under section 12.012 by transfer at cost, appraised or book value or a nominal sum to a charitable, religious or non-profit organization, a municipality, a rural community, a government of another province or territory, the government of Canada or a corporation or agency in which the Province has a majority interest.

Procedure for sale or disposal of public works

12.014( 1) The Minister shall sell a public work that is not transferred to another minister under section 12.012 or disposed of under section 12.013

( a) by advertised public auction conducted at any location within the Province,

( b) by advertised public tender, or

( c) if the Minister determines that the only value in a public work is salvage value, by sealed offer solicited from more than one source.

12.014( 2) If the Minister determines that a public work has no value, the Minister may dispose of it at the local sanitary landfill site, but if the public work may be hazardous to the health of the public, disposal shall be made in the manner required by the Minister of Environment and Local Government.

12.014( 3) The Minister shall maintain adequate records of each transaction relating to the sale or disposal of a public work under this Act, including, if applicable,

( a) the name of the buyer or recipient,

( b) a description of the public work, including serial number if applicable, and

( c) the location and date of sale or disposal.

13 Section 12.1 of the Act is amended

(a) in paragraph (4)(a) by striking out “lands and buildings” and substituting “lands and buildings and other structures”;

(b) in paragraph (6)(a) by striking out “lands and buildings” and substituting “lands and buildings and other structures”;

(d) in subsection (8) by striking out “lands and buildings” and substituting “lands and buildings and other structures”.

14 Subsection 12.2(1) of the Act is amended

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

( b) authorizing the Minister to designate lands, buildings and other structures as public works for the purposes of a project, including lands, buildings and other structures referred to in paragraphs (a) to (d) of the definition “public work” in section 1;

(b) in paragraph (d) by striking out “lands and buildings” and substituting “lands, buildings and other structures”.