BILL 8

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 amended by striking out “a Minister of Justice who shall also be Attorney General,” and substituting “an Attorney General, a Minister of Justice,”

TRANSITIONAL PROVISIONS

2 If 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 of Justice and Attorney General or to the Deputy Minister or Department of Justice and Attorney General, it shall be read, unless the context otherwise requires, as a reference to

(a)  the Minister of Justice, the Deputy Minister of Justice or the Department of Justice, or

(b)  the Attorney General, the Deputy Attorney General or the Office of the Attorney General,

as the case may be.

3( 1) Any act or thing done from September 23, 2013, to the date of the enactment of this section, both dates inclusive, by the Minister of Justice and by the Attorney General, 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

(c)  is confirmed and ratified.

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 September 23, 2013, for the Department of Justice and for the Office of the Attorney General.

4( 2) Any act or thing done by the deputy heads appointed in accordance with subsection (1) from September 23, 2013, to the date of the enactment of this section, both dates inclusive, 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

(c)  is confirmed and ratified.

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 that capacity, lies or shall 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 September 23, 2013, to the date of the enactment of this section, both dates 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 by those deputy heads from September 23, 2013, to the date of the enactment of this section, both dates inclusive, 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) regarding the administration, supervision or enforcement of any Act with respect to which any right, power, duty, function, responsibility or authority is transferred to, vested in or imposed on those Ministers, regarding a particular matter or thing under the administration, supervision or control of those Ministers, or regarding 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

An Act Respecting the Role of the Attorney General

6 Section 1 of An Act Respecting the Role of the Attorney General, chapter 116 of the Revised Statutes, 2011, is amended by repealing the definition “Office of the Attorney General”.

Regulation under the Civil Service Act

7 Section 3 of New Brunswick Regulation 93-137 under the Civil Service Act is amended

(a)  by striking out

Department of Justice and Attorney General

(b)  by adding the following in alphabetical order:

Department of Justice

Office of the Attorney General

Regulation under the Emergency Measures Act

8 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 Justice and Attorney General

( ii) by adding the following in alphabetical order:

Office of the Attorney General

(b)  in paragraph (3)(f) by striking out “the Department of Justice and Attorney General” and substituting “the Office of the Attorney General”.

Regulation under the Financial Administration Act

9 Schedule A of New Brunswick Regulation 83-227 under the Financial Administration Act is amended

(a)  by striking out

Department of Justice and Attorney General

(b)  by adding the following in alphabetical order:

Department of Justice

Office of the Attorney General

Rules of Court

10 Rule 18 of the Rules of Court of New Brunswick, New Brunswick Regulation 82-73 under the Judicature Act and the Provincial Offences Procedure Act, is amended in clause 18.02(1)(h) by striking out “the part of the Department of Justice and Attorney General that includes the Legal Services Branch, the Legislative Services Branch and the Public Prosecutions Branch” and substituting “the Office of the Attorney General”.

Jury Act

11 Paragraph 3(g) of the Jury Act, chapter J-3.1 of the Acts of New Brunswick, 1980, is amended by striking out “Department of Justice and Attorney General of New Brunswick” and substituting “Office of the Attorney General of New Brunswick or the Department of Justice of New Brunswick”.

Regulation under the Jury Act

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

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

Management of Seized and Forfeited Property Act

13 Subsection 8(2) of the Management of Seized and Forfeited Property Act, chapter 106 of the Revised Statutes, 2012, is amended by striking out “the Department of Justice and Attorney General” and substituting “the Office of the Attorney General”.

Proceedings Against the Crown Act

14 Section 12 of the Proceedings Against the Crown Act, chapter P-18 of the Revised Statutes, 1973, is amended by striking out “the Office of the Attorney General, as defined in An Act Respecting the Role of the Attorney General” and substituting “the Office of the Attorney General”.

Regulation under the Public Purchasing Act

15( 1) Section 38.1 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 Justice and Attorney General” and substituting “the Office of the Attorney General”.

15( 2) Schedule A of the Regulation is amended

(a)  by striking out

Department of Justice and Attorney General

(b)  by adding the following in alphabetical order:

Department of Justice

Office of the Attorney General

Public Service Labour Relations Act

16 Part I of the First Schedule of the Public Service Labour Relations Act, chapter P-25 of the Revised Statutes, 1973, is amended

(a)  by striking out

Department of Justice and Attorney General

(b)  by adding the following in alphabetical order:

Department of Justice

Office of the Attorney General

Right to Information and Protection of Privacy Act

17 Section 1 of the Right to Information and Protection of Privacy Act, chapter R-10.6 of the Acts of New Brunswick, 2009, is amended by repealing the definition “Office of the Attorney General”.

Regulation under the Small Claims Act

18 Paragraph 50(1)(l) of New Brunswick Regulation 2012-103 under the Small Claims Act is amended by striking out “part of the Department of Justice and Attorney General that includes the Legal Services Branch, the Legislative Services Branch and the Public Prosecutions Branch” and substituting “Office of the Attorney General”.

Statute Revision Act

19 Paragraph 2(1)(a) of the Statute Revision Act, chapter 224 of the Revised Statutes, 2011, is amended by striking out “the Department of Justice and Attorney General” and substituting “the Office of the Attorney General”.

COMMENCEMENT

20 This Act shall be deemed to have come into force on September 23, 2013.