Bill 59 - An Act to Amend the Public Works Act

BILL 59

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 11 of the Public Works Act, chapter P-28 of the Revised Statutes, 1973, is amended

(a) in subsection (1) by striking out “60 days” wherever it appears and substituting “120 days”;

(b) in subsection (2) by striking out “60 days” and substituting “120 days”.

2 The Act is amended by adding after section 11 the following:

Court of Queen’s Bench may extend time limit

11.01 The Court of Queen’s Bench of New Brunswick may, on an application by the Minister or a person claiming compensation, extend a time limit in subsection 11(1) or (2), either before or after the expiration of the time limit.

3 The Act is amended by adding after section 11.5 the following:

Arbitral tribunal may extend the time for making a decision

11.6 Before the expiration of the time for making a decision referred to in section 11.5, an arbitral tribunal may extend the time for making a decision by giving notice of the extension with reasons to the Minister and to the person claiming compensation.

4 Section 12.013 of the Act is repealed and the following is substituted:

Sale of public works to non-profit organizations or other governments

12.013 Subject to section 12 and despite section 55 of the Financial Administration Act, the Minister may sell a public work that is not transferred under section 12.012 for any amount up to the cost, appraised or book value of the public work 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.

5 Section 12.014 of the Act is amended

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

12.014( 1) Subject to subsections (1.2) and (2), the Minister shall sell a public work that is not transferred under section 12.012 or sold under section 12.013

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

(b) by advertised public tender, or

12.014( 1.1) Subsection (1) does not apply to the sale of a public work if the Board of Management determines that a sale under that section is impractical or that a public benefit is likely to result from the sale of the public work by another method.

12.014( 1.2) If the Minister determines that the only value in a public work is salvage value, the Minister shall sell the public work by sealed offer solicited from more than one source.

6 Until the commencement of section 1 of this Act or the repeal of section 1 of this Act, whichever occurs first, on and after the date of the first reading of this Act as a bill in the Legislative Assembly of New Brunswick, any reference to 60 days in subsections 11(1) and (2) of the Public Works Act, chapter P-28 of the Revised Statutes, 1973, shall be read as a reference to 120 days.

7 Until the commencement of section 1 of this Act or the repeal of section 1 of this Act, whichever occurs first, any offer for compensation that was not out of time under subsection 11(1) of the Public Works Act, chapter P-28 of the Revised Statutes, 1973, on the date of the first reading of this Act as a bill in the Legislative Assembly of New Brunswick, and any response to an offer that was not out of time under 11(2) of that Act on the date of the first reading of this Act as a bill in the Legislative Assembly of New Brunswick shall be subject to the 120-day time limits referred to in section 6 of this Act.