BILL 50

An Act to Amend the New Brunswick Liquor Corporation 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 New Brunswick Liquor Corporation Act, chapter N-6.1 of the Revised Statutes, 1973, is amended

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

“Board” means the board of directors of the Corporation referred to in subsection 6(1); (Conseil)

(b)  by adding the following definition in alphabetical order:

“President” means the President of the Corporation appointed under subsection 9(1); (président)

2 Section 3 of the Act is repealed and the following is substituted:

3 The purposes of the Corporation are

( a)  to carry on the general business of manufacturing, buying, importing and selling liquor of every kind and description,

( b)  to promote the responsible consumption of liquor,

( c)  to participate in the development of the liquor industry in the Province,

( d)  to meet the needs of its customers, and

( e)  to provide suitable financial revenues for the Province.

3 Section 6 of the Act is amended

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

6( 1) The affairs of the Corporation shall be administered by a board of directors consisting of

( a)  the President appointed under subsection 9(1), and

( b)  seven members appointed by the Lieutenant-Governor in Council.

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

6( 1.1) The Lieutenant-Governor in Council shall fix the terms of office for the members of the Board appointed under paragraph (1) (b) such that the terms do not exceed three years and do not expire within six months of one another.

6( 1.2) A member of the Board appointed under paragraph (1) (b) shall not be appointed for more than three consecutive terms.

(c)  in subsection (5) by striking out “Chairman” and substituting “Chair”;

(d)  by repealing subsection (6);

(e)  by repealing subsection (7) and substituting the following:

6( 7) Upon address of the Legislative Assembly, the Lieutenant-Governor in Council may remove a member of the Board appointed under paragraph (1) (b) for misbehaviour, incapacity or inability to perform his or her duties properly.

(f)  by repealing subsection (8) and substituting the following:

6( 8) If a member of the Board resigns or is removed under subsection (7), the Lieutenant-Governor in Council may appoint a substitute for the balance of his or her term.

(g)  by adding after subsection (8) the following:

6( 8.1) Despite subsection (1.1) and subject to subsection (7), a member of the Board shall remain in office until he or she resigns or is reappointed or replaced.

4 Subsection 7(1) of the Act is amended by striking out “Chairman” and substituting “Chair”.

5 Subsection 8(2) of the Act is amended by striking out “member of the Board of Directors” and substituting “member of the Board referred to in paragraph 6(1) (b)”.

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

11( 1) A person shall not be appointed to or continue as a member of the Board unless the person is a Canadian citizen ordinarily resident in New Brunswick.

11( 2) Subject to the approval of the Lieutenant-Governor in Council, the Board shall make by-laws establishing the policy of the Corporation in respect of conflicts of interest pertaining to members of the Board, including the circumstances that constitute a conflict of interest, the disclosure of a conflict of interest and the manner in which a conflict of interest is to be dealt with.

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

12.01( 1) The Corporation shall make by-laws relating to contracts for the construction, repair or alteration of land or structures owned or administered by the Corporation, and such by-laws shall conform with the Crown Construction Contracts Act.

12.01( 2) All by-laws or other documentation relating to contracts for the construction, repair or alteration of land or structures owned or administered by the Corporation shall be open to public inspection and shall be made available to contractors who request in writing a copy of such material for the purpose of submitting tenders.

12.01( 3) In the event of a conflict between a by-law made under subsection (1) and the Crown Construction Contracts Act, the Crown Construction Contracts Act prevails.

8 Section 13 of the Act is repealed and the following is substituted:

13 The fiscal year of the Corporation ends on the Sunday closest to the thirty-first day of March in each year or such other time as may be prescribed by the Lieutenant-Governor in Council.

9 Section 16 of the Act is amended

(a)  in subsection (2) by striking out “Chairman” and substituting “Chair”;

(b)  by adding after subsection (5) the following:

16( 6) The Board shall submit to the Minister of Finance, at such times as the Minister may prescribe,

( a)  a strategic plan for the Corporation, and

( b)  an annual plan for the Corporation.

10 Section 18 of the Act is amended by adding after subsection (1) the following:

18( 1.1) The Corporation shall release to the public a summary of its unaudited financial results within 30 days after the end of each quarter of the fiscal year.

11 The heading “TRANSITIONAL PROVISIONS” preceding section 21 of the Act is repealed.

12 Section 21 of the Act is repealed.

13 Despite subsection 6(1.1) of the New Brunswick Liquor Corporation Act, as enacted by section 3 of this amending Act, a member of the board of directors of the New Brunswick Liquor Corporation in office immediately before the commencement of this amending Act shall, on the commencement of this amending Act, continue to hold office until

(a)  his or her term expires,

(b)  he or she resigns, or

(c)  he or she is removed under subsection 6(7) of the New Brunswick Liquor Corporation Act, as amended by section 3 of this amending Act.