Bill 24 - An Act to Implement Strategic Program Review Initiatives

BILL 24

An Act to Implement Strategic Program Review Initiatives

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

PART 1

AGRICULTURE APPEAL BOARD ACT

Enactment of Agriculture Appeal Board Act

1 The Agriculture Appeal Board Act is enacted as follows:

Definitions

1 The following definitions apply in this Act.

“agricultural producer” means a person who carries on an agricultural operation within the meaning of the Agricultural Operation Practices Act. (producteur agricole)

“Board” means the Agriculture Appeal Board established under section 2. (Commission)

“chair” means the chair of the Board. (président)

“Civil Service” means the Civil Service as defined in the Civil Service Act. (Fonction publique)

“livestock producer” means a person who carries on a livestock operation within the meaning of the Livestock Operations Act. (éleveur de bétail)

“Minister” means the Minister of Agriculture, Aquaculture and Fisheries and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

“panel” means a panel of the Board constituted under section 7. (comité)

“vice-chair” means a vice-chair of the Board. (vice-président)

Establishment of the Board and appointments

2( 1) There is established an appeal board to be known as the Agriculture Appeal Board.

2( 2) The Board shall consist of five to nine members, who shall be appointed by the Lieutenant-Governor in Council and shall include the following persons:

(a) a minimum of one person who shall be nominated by the Minister of Environment and Local Government from among the land use and planning employees of that department;

(b) a minimum of two current or former livestock producers;

(d) a minimum of one person who is not an employee of the Civil Service.

2( 3) Not more than half of the members of the Board shall be employees of the Civil Service.

2( 4) The Lieutenant-Governor in Council shall appoint a chair and a vice-chair from among the members of the Board.

Terms of office and revocation of appointments

3( 1) A member of the Board shall be appointed for a term not exceeding five years and may be reappointed.

3( 2) Subject to subsection (3), a member of the Board remains in office until the member resigns or is reappointed or replaced.

3( 3) A member of the Board may be removed for cause by the Lieutenant-Governor in Council.

3( 4) If a member of the Board resigns or is replaced, the chair may authorize that person to carry out and complete the functions and exercise any powers that the person would have had, if the person had not ceased to be a member of the Board.

Vacancy

4( 1) If a vacancy occurs on the Board, the Lieutenant-Governor in Council may appoint a person to fill the vacancy for the balance of the term of the chair, vice-chair or other member of the Board replaced.

4( 2) A vacancy on the Board does not impair the capacity of the Board to act so long as a quorum is maintained.

Remuneration and expenses

5( 1) A member of the Board who is not an employee of the Civil Service is entitled to be paid the remuneration fixed by the Lieutenant-Governor in Council.

5( 2) A member of the Board is entitled to be reimbursed for accommodation, meal and travel expenses reasonably incurred in connection with his or her functions in accordance with the Board of Management travel policy guidelines, as amended.

Duties, functions and powers of the Board

6( 1) The Board may exercise any power conferred on the Board and shall perform the duties and functions required to be performed by the Board under this Act or the regulations or any other Act or regulation, including

(a) the Agricultural Land Protection and Development Act,

(b) the Livestock Operations Act, and

6( 2) The Board may confirm, vary or revoke

(a) a decision of the Minister under the Agricultural Land Protection and Development Act,

(b) a decision of the Registrar under the Livestock Operations Act, or

6( 3) The Board shall perform any other duty or function as may be prescribed by regulation and may exercise such other powers as may be prescribed by regulation.

Panels of the Board

7( 1) The chair may assign three or more members of the Board in accordance with the regulations to sit as members of a panel of the Board, one of whom shall be the chair or the vice-chair.

7( 2) The chair may direct a panel to hold any hearing that the Board itself could hold.

7( 3) The chair or the vice-chair, as the case may be, shall preside at a hearing of a panel.

7( 4) A panel constituted under subsection (1) constitutes a quorum.

7( 5) With respect to its functions, a panel has the same jurisdiction as that of the Board and may exercise all the powers of the Board under legislation with respect to a hearing that the panel is directed to hold, and, for that purpose, any reference in legislation to the Board is deemed to be a reference to a panel.

7( 6) Any decision rendered or act done by a panel shall be a decision rendered or act done by the Board.

Practice and procedure of the Board

8( 1) Subject to this Act and the regulations, the Board may make rules governing the practice and procedure of the Board for hearings permitted or required under this Act and for the conduct of meetings.

8( 2) The Regulations Act does not apply to the rules made under subsection (1).

8( 3) For the purpose of hearing an appeal, the Board may collect any information, including personal information, that is necessary for a hearing.

8( 4) A party to an appeal shall be given a full right to be heard and may be represented at a hearing by an agent or counsel.

8( 5) The chair shall determine the date, time and place of hearings of the Board.

8( 6) A majority of the members of the Board constitutes a quorum.

8( 7) The chair or, in his or her absence, the vice-chair shall preside at a hearing of the Board.

8( 8) In its discretion, the Board may adjourn a hearing.

Decisions

9( 1) After hearing an appeal, the Board shall render a decision in writing along with the reasons for its decision.

9( 2) A decision of the Board shall be made by a majority vote of the members present, and, in the event of a tie vote, the person presiding at the hearing shall cast the deciding vote.

9( 3) The person presiding at the hearing shall sign all decisions issued by the Board under subsection (1).

9( 4) The chair shall send a copy of the decision of the Board by mail to all parties involved in the appeal and to the Minister.

9( 5) Within 30 days of the date that a copy of a decision is mailed under subsection (4), a person who is subject to the decision may appeal the decision to a judge of The Court of Queen’s Bench of New Brunswick in accordance with the Rules of Court.

Immunity and indemnity

10( 1) No action, application or other proceeding lies or shall be instituted against any member or former member of the Board in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, under this Act.

10( 2) A member or former member of the Board shall be indemnified by the Crown in right of the Province against all costs, charges and expenses incurred by him or her in relation to any action, application or other proceeding brought against him or her in connection with the functions of the member and with respect to all other costs, charges and expenses that he or she incurs in connection with those functions, except costs, charges and expenses that are occasioned by that person’s own wilful neglect or wilful default.

Regulations

11 The Lieutenant-Governor in Council may make regulations

(a) prescribing duties, functions and powers of the Board for the purposes of subsection 6(3);

(b) providing for the establishment, composition and administration of a panel to hear appeals;

(d) respecting procedures to be followed by, the conduct of hearings by and the rendering of decisions by the Board or a panel;

(e) respecting the effect of a decision of the Minister or the Registrar pending the outcome of an appeal;

(f) defining any word or expression used in but not defined in this Act, for the purposes of this Act, the regulations, or both; and

(g) governing any matter that the Lieutenant-Governor in Council considers necessary for the administration of this Act.

TRANSITIONAL PROVISIONS

Abolition of boards

12( 1) The following boards are abolished:

(a) the Agricultural Land Appeal Board established under section 9 of New Brunswick Regulation 97-83 under the Agricultural Land Protection and Development Act;

(b) the Farm Land Identification Program Appeal Board established under section 12 of New Brunswick Regulation 84-75 under the Real Property Tax Act;

(c) the Livestock Operations Appeal Board established under section 14 of New Brunswick Regulation 99-32 under the Livestock Operations Act.

12( 2) All appointments or designations of persons as chairpersons, chairmen, vice-chairmen, alternate chairpersons, secretaries or as members or alternate members of the boards abolished under subsection (1) are revoked.

12( 3) All contracts, agreements, orders or by-laws relating to the remuneration or the rate of reimbursement for expenses to be paid to the members of the boards abolished under subsection (1) are null and void.

12( 4) Despite the provisions of a contract, agreement, order or by-law, no remuneration or expenses shall be paid to the members of the boards abolished under subsection (1).

12( 5) No action, application or other proceeding lies or shall be instituted against the Minister of Agriculture, Aquaculture and Fisheries, the Minister of Finance or the Crown in right of the Province before any court or administrative body in New Brunswick as a result of the abolition of the boards under subsection (1) or the revocation of appointments under subsection (2).

Ongoing hearings

13( 1) If, immediately before the commencement of this section, a decision of the Minister or a Registrar was under appeal, the board abolished under subsection 12(1) that was responsible for the appeal shall complete the hearing even though the Agriculture Appeal Board would hear the appeal if it were begun after the commencement of this section.

13( 2) A hearing completed by a board under subsection (1) shall be completed in accordance with the law as it existed immediately before the commencement of this section.

13( 3) A decision made by a board referred to in subsection (1) shall be deemed to be a decision of the Agriculture Appeal Board.

13( 4) Any decision of a board abolished under subsection 12(1) that is valid and of full force and effect immediately before the commencement of this section continues to be valid and of full force and effect, despite the abolition of the board, and shall be deemed to be a decision of the Agriculture Appeal Board.

Transfer of records to Board

14 All records of the boards abolished under subsection 12(1) shall be transferred to the Agriculture Appeal Board.

Immunity and indemnity

15 Section 10 of this Act applies, with the necessary modifications, to former members of the boards abolished under subsection 12(1).

References to former boards

16 When 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 following boards, it shall be read, unless the context otherwise requires, as a reference to the Agriculture Appeal Board:

(a) the Agricultural Land Appeal Board established under section 9 of New Brunswick Regulation 97-83 under the Agricultural Land Protection and Development Act;

(b) the Farm Land Identification Program Appeal Board established under section 12 of New Brunswick Regulation 84-75 under the Real Property Tax Act;

(c) the Livestock Operations Appeal Board established under section 14 of New Brunswick Regulation 99-32 under the Livestock Operations Act.

Consequential Amendments and Commencement

Agricultural Land Protection and Development Act

2 Paragraph 20(m) of the Agricultural Land Protection and Development Act, chapter A-5.11 of the Acts of New Brunswick, 1996, is repealed and the following is substituted:

(m) respecting appeals, including the designation of an appeal body, the grounds for appealing a decision and the grounds on which an appeal may be dismissed;

Regulation under Agricultural Land Protection and Development Act

3( 1) Section 9 of New Brunswick Regulation 97-83 under the Agricultural Land Protection and Development Act is repealed.

3( 2) Section 10 of the Regulation is repealed and the following is substituted:

10 Any person affected by a decision of the Minister may appeal the decision to the Agriculture Appeal Board established under the Agriculture Appeal Board Act.

3( 3) Section 11 of the Regulation is repealed.

Livestock Operations Act

4 Paragraph 35(1)(o) of the Livestock Operations Act, chapter L-11.01 of the Acts of New Brunswick, 1998, is repealed and the following is substituted:

(o) respecting appeals, including the designation of an appeal body, the grounds for appealing a decision and the grounds on which an appeal may be dismissed;

Regulation under Livestock Operations Act

5( 1) Subsection 2(1) of New Brunswick Regulation 99-32 under the Livestock Operations Act is amended in the definition “appeal board” by striking out “Livestock Operations Appeal Board established under section 14” and substituting “Agriculture Appeal Board established under the Agriculture Appeal Board Act”.

5( 2) The heading “Livestock Operations Appeal Board” preceding section 14 of the Regulation is repealed.

5( 3) Section 14 of the Regulation is repealed.

5( 4) Section 15 of the Regulation is repealed.

5( 5) The heading “Procedure for appeal” preceding section 16 of the Regulation is repealed.

5( 6) Section 16 of the Regulation is repealed and the following is substituted:

16 An applicant or a licensee may appeal a decision of the Registrar to the appeal board.

5( 7) Section 17 of the Regulation is repealed.

5( 8) Section 18 of the Regulation is repealed.

5( 9) The heading “Powers of the appeal board” preceding section 19 of the Regulation is repealed.

5( 10) Section 19 of the Regulation is repealed.

5( 11) The heading “Practice and procedure of the appeal board” preceding section 20 of the Regulation is repealed.

5( 12) Section 20 of the Regulation is repealed.

5( 13) The heading “Appeal not a stay of Registrar’s decision” preceding section 21 of the Regulation is repealed.

5( 14) Section 21 of the Regulation is repealed.

5( 15) The heading “Allowances and expenses” preceding section 22 of the Regulation is repealed.

5( 16) Section 22 of the Regulation is repealed.

5( 17) The Regulation is amended by adding the heading “Allowances and expenses” before section 23.

Real Property Tax Act

6 Paragraph 26(1)(c.14) of the Real Property Tax Act, chapter R-2 of the Revised Statutes, 1973, is repealed and the following is substituted:

(c.14) respecting appeals, including the designation of an appeal body, the grounds for appealing a decision and the grounds on which an appeal may be dismissed;

Regulation under Real Property Tax Act

7( 1) Section 2 of New Brunswick Regulation 84-75 under the Real Property Tax Act is amended in the definition “Board” by striking out “Farm Land Identification Program Appeal Board” and substituting “Agriculture Appeal Board established under the Agriculture Appeal Board Act”.

7( 2) Section 12 of the Regulation is repealed.

7( 3) Section 13 of the Regulation is repealed and the following is substituted:

13 Any person affected by a decision of the Registrar may appeal the decision to the Board.

Commencement

8 This Part or any provision of it comes into force on a day or days to be fixed by proclamation.

PART 2

AGRICULTURE, AQUACULTURE AND FISHERIES DEVELOPMENT BOARD

Division A

Amendments to the Agricultural Development Act

Agricultural Development Act

9 Section 1 of the Agricultural Development Act, chapter 106 of the Revised Acts, 2011, is amended

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

“Board” means the body corporate continued under the name Agriculture, Aquaculture and Fisheries Development Board under section 2. (Commission)

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

“Minister” means the Minister of Agriculture, Aquaculture and Fisheries and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

“financial assistance” includes (aide financière)

(a) providing a direct loan or grant,

(b) guaranteeing the repayment of a loan,

(d) providing a forgivable loan or grant.

10 Section 2 of the Act is amended

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

2( 1) The body corporate previously continued under the name Agricultural Development Board is continued under the name Agriculture, Aquaculture and Fisheries Development Board.

(b) by repealing subsection (3).

11 Section 7 of the Act is amended

(a) in subsection (1) by striking out “in accordance with the regulations” and substituting “as fixed by the Lieutenant-Governor in Council”;

(b) by repealing subsection (2) and substituting the following:

7( 2) A member of the Board is entitled to be reimbursed for accommodation, meal and travel expenses reasonably incurred in connection with his or her duties on the Board in accordance with the Board of Management travel policy guidelines, as amended.

12 The heading “Board responsible to Minister” preceding section 8 of the Act is repealed and the following is substituted:

Minister may direct Board

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

8 The Minister may direct the Board with respect to matters for which the Board is responsible.

14 Section 10 of the Act is amended

(a) by adding the following after paragraph (a):

(a.1) may consider and make recommendations on all applications for financial assistance referred to it by the Minister;

(b) by repealing paragraph (b);

(d) by repealing paragraph (d);

(e) by repealing paragraph (e);

(f) by repealing paragraph (f).

15 The Act is amended by adding after section 10 the following:

Panels of the Board

10.1( 1) The Chair of the Board may designate at least three members of the Board in accordance with the regulations to constitute a panel of the Board.

10.1( 2) The Chair may designate a person assigned to a panel as Chair of the panel.

10.1( 3) A panel so constituted has the powers and functions of the Board under legislation relating to the consideration of applications for financial assistance.

10.1( 4) A panel constituted under subsection (1) constitutes a quorum.

10.1( 5) A recommendation of a panel shall be deemed to be a recommendation of the Board.

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

11( 1) The Board or a panel of the Board shall consider each application for financial assistance referred to it by the Minister and shall transmit to the Minister, within a reasonable time, a recommendation setting out its approval or disapproval of the application.

11( 2) A recommendation made under subsection (1) shall be decided by a majority vote and, in the event of a tie vote, the Chair of the Board or the panel, as the case may be, shall cast the deciding vote.

17 The heading “Applications for $25,000 or less” preceding section 12 of the Act is repealed.

18 Section 12 of the Act is repealed.

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

13( 1) To aid and encourage agricultural development in the Province, the Minister may provide financial assistance for the purposes prescribed by regulation to a person who makes an application in accordance with this Act.

13( 2) An application for financial assistance shall be made on a form provided by the Minister and in the manner prescribed by regulation.

13( 3) Subject to subsection (7), the financial assistance provided under subsection (1) shall be provided in accordance with the terms and conditions specified by the Minister.

13( 4) When the total amount of financial assistance requested by a person exceeds the amount prescribed by regulation, the Minister shall refer the application to the Board for its consideration and recommendation.

13( 5) With respect to an application referred to the Board, the Minister may provide, at his or her discretion, financial assistance up to an amount prescribed by regulation.

13( 6) If the total amount of financial assistance requested by a person exceeds the amount referred to in subsection (5), the Minister shall not provide the financial assistance without the approval of the Lieutenant-Governor in Council.

13( 7) When the provision of financial assistance requires the approval of the Lieutenant-Governor in Council, the financial assistance is subject to the terms and conditions specified in the approval of the Lieutenant-Governor in Council.

13( 8) The Minister may amend the terms and conditions of any financial assistance provided under this section, including, without limitation, by extending, deferring, adjusting or compromising the time for repayment of financial assistance or by commuting, rescinding or forgiving any or all of the principal and any or all of the interest.

13( 9) The Minister and the Lieutenant-Governor in Council are not bound by a recommendation made by the Board under section 11.

13( 10) If an application for financial assistance is rejected, the Minister shall notify the person submitting the application of the decision in writing within a reasonable time, but is not required to give reasons for refusal or to disclose the Board’s recommendations.

13( 11) A decision respecting an application for financial assistance is final and conclusive and may not be questioned or reviewed in any court.

20 The Act is amended by adding after section 13 the following:

Security

13.01( 1) The Minister may take any security in an amount that the Minister considers appropriate and in the form prescribed by regulation to secure any financial assistance provided under this Act and may enforce the security in accordance with its terms or release the security on the terms and conditions specified by the Minister.

13.01( 2) The Minister may release any security on any terms and conditions he or she specifies if the Minister considers that the release does not substantially impact the financial risk to the Province.

21 The heading “Agreements for debt collection” preceding section 13.2 of the Act is amended by striking out “for debt collection”.

22 Section 13.2 of the Act is repealed and the following is substituted:

13.2( 1) The Minister may enter into agreements with Service New Brunswick for the purposes of collecting or recovering debts with respect to financial assistance provided under this Act.

13.2( 2) The Minister may enter into agreements with any organization, agency, person or Minister of the Crown or with the government of a province or territory of Canada or the Government of Canada if the Minister considers the agreements necessary or expedient for the administration of this Act.

23 Section 14 of the Act is repealed and the following is substituted:

14 The Minister shall submit to the Lieutenant-Governor in Council each year a report containing the information prescribed by regulation, with respect to any loan, grant or guarantee or any other financial assistance provided by the Minister under this Act in the preceding year.

24 The heading “Frais annuels” preceding section 15 of the French version of the Act is repealed and the following is substituted:

Charges annuelles

25 Section 15 of the Act is amended

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

15( 1) A person who receives a type of financial assistance under this Act that is prescribed by regulation shall pay the Minister an annual charge in the amount prescribed by regulation and in accordance with the terms and conditions prescribed by regulation.

(b) in subsection (2) of the French version by striking out “Les frais annuels” and substituting “Les charges annuelles”;

15( 3) The Minister may defer, reduce or waive all or part of an annual charge on financial assistance, other than loan guarantees, in the circumstances the Minister deems appropriate.

26 The Act is amended by adding after section 15 the following:

Records and documents

15.1 A person who receives financial assistance under this Act shall maintain all records and documents that are required by the Minister, and shall provide them to the Minister on request.

27 The Act is amended by adding after section 43 the following:

Immunity

43.1( 1) A member of the Board, except an employee of the Civil Service, shall be indemnified by the Crown in right of the Province against all costs, charges and expenses incurred by him or her in relation to any action, application or other proceeding brought against him or her in connection with the duties of the member and with respect to all other costs, charges and expenses that he or she incurs in connection with those duties, except costs, charges and expenses that are occasioned by that member’s wilful neglect or wilful default.

43.1( 2) No action, application or other proceeding lies or shall be instituted against the Board, any member or former member of the Board, the Minister or the Crown in right of the Province in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, in the exercise of the powers and functions performed under this Act.

Administration

43.2 The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

28 Subsection 44(1) of the Act is amended

(a) by repealing paragraph (b);

(b) by adding before paragraph (c) the following:

(b.1) prescribing the composition of panels of the Board for the purposes of subsection 10.1(1);

(b.2) prescribing the purposes for which financial assistance may be provided by the Minister for the purposes of subsection 13(1);

(b.3) prescribing the manner of making an application for financial assistance for the purposes of subsection 13(2);

(b.4) prescribing an amount of financial assistance for the purposes of subsection 13(4);

(b.5) prescribing an amount of financial assistance for the purposes of subsection 13(5);

(b.6) prescribing the form of security for the purposes of subsection 13.01(1);

(d) by repealing paragraph (d);

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

(e) prescribing the information to be contained in the report submitted under section 14;

(f) by repealing paragraph (g);

(g) by repealing paragraph (i) and substituting the following:

(i) prescribing types of financial assistance for the purposes of subsection 15(1);

(h) by adding after paragraph (i) the following:

(i.1) fixing the amount of annual charges and the terms and conditions of payment;

(i) by repealing paragraph (k);

(j) by repealing paragraph (l).

Transitional provisions

29( 1) All appointments of persons as members of the Agricultural Development Board continued under section 2 of the Agricultural Development Act, including the Chair and Vice-Chair, are revoked.

29( 2) All contracts, agreements, orders or by-laws relating to the remuneration or reimbursement for expenses to be paid to the members of the Agricultural Development Board are null and void.

29( 3) Despite the provisions of a contract, agreement, order or by-law, no remuneration or reimbursement for expenses shall be paid to the members of the Agricultural Development Board.

29( 4) No action, application or other proceeding lies or shall be instituted against the Agricultural Development Board, the Agriculture, Aquaculture and Fisheries Development Board, the Minister or the Crown in right of the Province before any court or administrative body in New Brunswick as a result of the revocation of the appointments of members of the Agricultural Development Board, including the Chair and Vice-Chair.

29( 5) Subject to subsection (6), the terms and conditions of financial assistance provided under the Agricultural Development Act before the commencement of this section continue to apply.

29( 6) In accordance with subsection 13(8) of the Agricultural Development Act, as enacted by section 19 of this Part, the Minister may amend the terms and conditions of any financial assistance provided before the commencement of this section, including, without limitation, by extending, deferring, adjusting or compromising the time for repayment of financial assistance or by commuting, rescinding or forgiving any or all of the principal and any or all of the interest.

29( 7) A reference to the Agricultural Development Board in an Act, other than this Act, or in a regulation, rule, order, by-law, agreement or other instrument or document shall be read as, unless the context otherwise requires, a reference to the Agriculture, Aquaculture and Fisheries Development Board.

Consequential Amendments

Regulation under Financial Administration Act

30( 1) Section 1 of New Brunswick Regulation 88-187 under the Financial Administration Act is amended by striking out “the Agricultural Development Board” and substituting “the Agriculture, Aquaculture and Fisheries Development Board”.

30( 2) Section 2 of the Regulation is amended by striking out “the Agricultural Development Board” and substituting “the Agriculture, Aquaculture and Fisheries Development Board”.

Woods Workers’ Lien Act

31( 1) Subsection 2(1) of the Woods Workers’ Lien Act, chapter W-12.5 of the Acts of New Brunswick, 2007, is amended by striking out “the Agricultural Development Board” and substituting “the Agriculture, Aquaculture and Fisheries Development Board”.

31( 2) Section 3 of the Act is amended by striking out “the Agricultural Development Board” and substituting “the Agriculture, Aquaculture and Fisheries Development Board”.

Proceedings Against the Crown Act

32 Section 1 of the Proceedings Against the Crown Act, chapter P-18 of the Revised Acts, 1973, is amended in the definition “Crown corporation” by striking out “the Agricultural Development Board” and substituting “the Agriculture, Aquaculture and Fisheries Development Board”.

Division B

Amendments to the Fisheries and Aquaculture Development Act

Fisheries and Aquaculture Development Act

33 Section 1 of the Fisheries and Aquaculture Development Act, chapter F-15.001 of the Acts of New Brunswick, 1977, is amended

(a) by repealing the definition “Board”;

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

“financial assistance” includes (aide financière)

(a) providing a direct loan or grant,

(b) guaranteeing the repayment of a loan,

(d) providing a forgivable loan or grant;

“Board” means the body corporate continued under the name Agriculture, Aquaculture and Fisheries Development Board under section 2 of the Agricultural Development Act; (Commission)

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

3( 1) To aid and encourage the establishment or development of fisheries in the Province, the Minister may provide financial assistance for the purposes prescribed by regulation to a person who makes an application in accordance with this Act.

3( 2) To aid and encourage the establishment or development of aquaculture in the Province, the Minister may provide financial assistance for the purposes prescribed by regulation to a person who makes an application in accordance with this Act.

3( 3) The financial assistance provided by the Minister under subsection (1) or (2) is subject, as the case may be, to the terms and conditions

(a) specified by the Minister, or

(b) specified by the Lieutenant-Governor in Council, when providing financial assistance requires the approval of the Lieutenant-Governor in Council.

35 Section 4 of the Act is repealed.

36 Section 4.1 of the Act is repealed.

37 Section 4.2 of the Act is repealed.

38 Section 4.3 of the Act is repealed.

39 Section 4.4 of the Act is repealed.

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

Provision of financial assistance

5( 1) A person shall make an application for financial assistance under subsection 3(1) or (2) on a form provided by the Minister, and in the manner prescribed by regulation.

5( 2) When the total amount of financial assistance requested by a person exceeds the amount prescribed by regulation, the Minister shall refer the application to the Board for its consideration and recommendation.

5( 3) The Board or a panel of the Board constituted under section 10.1 of the Agricultural Development Act shall consider each application for financial assistance referred to it by the Minister and shall transmit to the Minister, within a reasonable time, a recommendation setting out its approval or disapproval of the application.

5( 4) With respect to an application referred to the Board, the Minister, at his or her discretion, may provide the financial assistance up to an amount prescribed by regulation.

5( 5) If the total amount of financial assistance requested by a person exceeds the amount referred to in subsection (4), the Minister shall not provide the financial assistance without the approval of the Lieutenant-Governor in Council.

5( 6) The Minister may amend the terms and conditions of any financial assistance provided under subsection 3(1) or (2), including, without limitation, by extending, deferring, adjusting or compromising the time for repayment of financial assistance or by commuting, rescinding or forgiving any or all of the principal and any or all of the interest.

5( 7) The Minister and the Lieutenant-Governor in Council are not bound by a recommendation made by the Board.

5( 8) If an application for financial assistance is rejected, the Minister shall notify the person submitting the application of the decision in writing within a reasonable time, but is not required to give reasons for refusal or to disclose the Board’s recommendations.

5( 9) A decision respecting an application for financial assistance is final and conclusive and may not be questioned or reviewed in any court.

41 The Act is amended by adding after section 5 the following:

Security

5.1( 1) The Minister may take any security in an amount that the Minister considers appropriate, and in the form prescribed by regulation to secure any financial assistance provided under this Act and may enforce the security in accordance with its terms or release the security on terms and conditions that the Minister specifies.

5.1( 2) The Minister may release any security on any terms and conditions he or she specifies if the Minister considers that the release does not substantially impact the financial risk to the Province.

Records and documents

5.2 A person who receives financial assistance under this Act shall maintain all records and documents that are required by the Minister and shall provide them to the Minister on request.

42 Section 6 of the Act is repealed.

43 Section 7 of the Act is amended

(a) in subsection (1)

( i) by repealing paragraph (a);

( ii) by repealing paragraph (a.1);

( iii) in paragraph (b.1) by striking out “under subsection 3(1.1)” and substituting “under subsection 3(2)”;

( iv) by repealing paragraph (c) and substituting the following:

( v) by repealing paragraph (d);

( vi) by repealing paragraph (g) and substituting the following:

(g) prescribing the amount of financial assistance for the purposes of subsection 5(2);

( vii) by adding after paragraph (g) the following:

(g.1) prescribing the amount of financial assistance for the purposes of subsection 5(4);

( viii) by repealing paragraph (k);

( ix) by repealing paragraph (l) and substituting the following:

(l) prescribing the form of security for the purposes of subsection 5.1(1);

( x) by repealing paragraph (m) and substituting the following:

(m) prescribing the purposes for which financial assistance may be provided by the Minister under subsection 3(1) and 3(2);

( xi) by adding after paragraph (m) the following:

(m.1) prescribing types of financial assistance for the purposes of subsection 9(1);

( xii) by repealing paragraph (n) and substituting the following:

(n) prescribing the amount of annual charges and the terms and conditions of payment for the purposes of subsection 9(1);

( xiii) by adding after paragraph (o) the following:

(o.1) defining any word or expression used in but not defined in this Act, for the purposes of this Act, the regulations, or both;

( xiv) by repealing paragraph (p);

(b) in subsection (2) of the French version, by striking out “établi” and substituting “pris”.

44 Section 8 of the Act is repealed.

45 Section 9 of the Act is amended

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

9( 1) A person who receives a type of financial assistance under this Act that is prescribed by regulation shall pay the Minister an annual charge in the amount prescribed by regulation and in accordance with the terms and conditions prescribed by regulation.

(b) by adding after subsection (2) the following:

9( 3) The Minister may defer, reduce or waive all or part of an annual charge on financial assistance, other than loan guarantees, in the circumstances the Minister deems appropriate.

46 The Act is amended by adding after section 9 the following:

Agreements

9.1( 1) The Minister may enter into agreements with Service New Brunswick for the purposes of collecting or recovering debts with respect to financial assistance provided under this Act.

9.1( 2) The Minister may enter into agreements with any organization, agency, person or Minister of the Crown or with the government of a province or territory of Canada or the Government of Canada if the Minister considers the agreements necessary or expedient for the administration of this Act.

Minister’s report re financial assistance

9.2 The Minister shall submit to the Lieutenant-Governor in Council each year a report, containing the information prescribed by regulation, with respect to any loan, grant or guarantee or any other financial assistance provided by the Minister under this Act in the preceding year.

Transitional Provisions

Abolition of the New Brunswick Fisheries and Aquaculture Development Board

47( 1) The New Brunswick Fisheries and Aquaculture Development Board established under section 4 of the Fisheries and Aquaculture Development Act is abolished.

47( 2) All appointments of persons as members of the Board, including the Chair and the Vice-Chair, are revoked.

47( 3) All contracts, agreements, orders or by-laws relating to the remuneration or the rate of reimbursement for expenses to be paid to the members of the Board are null and void.

47( 4) Despite the provisions of a contract, agreement, order or by-law, no remuneration or reimbursement for expenses shall be paid to the members of the Board.

47( 5) No action, application or other proceeding lies or shall be instituted against the Minister or the Crown in right of the Province before any court or administrative body in New Brunswick as a result of the abolition of the Board and the revocation of the appointments of members of the Board, the Chair and the Vice-Chair.

Continuation of decisions

48( 1) A decision or recommendation of the New Brunswick Fisheries and Aquaculture Development Board that was valid and of full force and effect immediately before the commencement of this section, and that if made after the commencement of this section would be made by the Agriculture, Aquaculture and Fisheries Development Board, continues to be valid and of full force and effect, and shall be deemed to be a decision or recommendation of the Agriculture, Aquaculture and Fisheries Development Board.

48( 2) Subject to subsection (3), the terms and conditions of financial assistance provided under the Fisheries and Aquaculture Development Act before the commencement of this section continue to apply.

48( 3) In accordance with subsection 5(6) of the Fisheries and Aquaculture Development Act as enacted by section 40 of this Part, the Minister may amend the terms and conditions of any financial assistance provided before the commencement of this Part, including, without limitation, by extending, deferring, adjusting or compromising the time for repayment of financial assistance or by commuting, rescinding or forgiving any or all of the principal and any or all of the interest.

Books, records, documents and files

49 The books, records, documents and files of the New Brunswick Fisheries and Aquaculture Development Board become the books, records, documents and files of the Agriculture, Aquaculture and Fisheries Development Board.

References

50 A reference to the New Brunswick Fisheries and Aquaculture Development Board in an Act, other than this Act, or in a regulation, rule, order, by-law, agreement or other instrument or document shall be read, unless the context otherwise requires, as a reference to the Agriculture, Aquaculture and Fisheries Development Board.

Division C

Commencement

51 This Part or any provision of it comes into force on a day or days to be fixed by proclamation.

PART 3

AMENDMENTS TO THE HIGHWAY ACT

Highway Act

52 Paragraph 37(14)(b) of the Highway Act, chapter H-5 of the Revised Statutes, 1973, is amended by striking out “sixty” and substituting “120”.

Commencement

53 This Part comes into force on a day to be fixed by proclamation.

PART 4

LABOUR RELATIONS

Division A

Amendments to the Industrial Relations Act

Industrial Relations Act

54 Subsection 1(1) of the Industrial Relations Act, chapter I-4 of the Revised Statutes, 1973, is amended by adding the following definition in alphabetical order:

“Roster” means the Roster of arbitrators established by the Minister under subsection 78.2(1). (liste)

55 Section 55.01 of the Act is amended

(a) in paragraph (4)(a) by adding “from the Roster” after “arbitrator”;

(b) by repealing subsection (10);

56 The Act is amended by adding before section 61 the following:

60.1 In sections 61 to 90, “arbitration board” means an arbitration board appointed under a collective agreement or by virtue of subsection 79(5), and includes a single arbitrator appointed under subsection 79(6). (conseil d’arbitrage)

57 The Act is amended by adding after section 78 the following:

Advisory committee

78.1( 1) For the purpose of advising the Minister with respect to qualified arbitrators who may be named to the Roster and other matters related to arbitrations under this Act and the Public Service Labour Relations Act, the Minister may appoint an advisory committee comprised of

(a) four members representing employers,

(b) four members representing employees,

(d) three members representing employees as defined in the Public Service Labour Relations Act, and

(e) one member, representing neither employers nor employees, to be the chair of the advisory committee.

78.1( 2) A member of the advisory committee shall hold office at the pleasure of the Minister.

78.1( 3) The chair may call a meeting at any time and shall call a meeting when requested to do so by the Minister.

78.1( 4) A quorum of the advisory committee consists of the chair and at least six of the other members, who shall be equally representative of employers and employees.

78.1( 5) To carry out its duties, the advisory committee may establish its own policies and rules of procedure.

78.1( 6) The Regulations Act does not apply to the policies and rules of procedure of the advisory committee.

78.1( 7) On the unanimous vote of the members present at a meeting, the advisory committee may recommend that an arbitrator be named to the Roster, and may recommend a period of time that the arbitrator be named to the Roster.

78.1( 8) A member of the advisory committee is entitled to be reimbursed for accommodation, meal and travel expenses reasonably incurred in connection with his or her duties on the committee in accordance with the Board of Management travel policy guidelines, as amended.

Roster of arbitrators

78.2( 1) The Minister shall establish a Roster of arbitrators to conduct arbitrations under sections 55.01 and 79 of this Act and section 78 of the Public Service Labour Relations Act.

78.2( 2) On the recommendation of the advisory committee appointed under subsection 78.1(1), the Minister may name an arbitrator to the Roster.

78.2( 3) The Minister is not bound by a recommendation of the advisory committee.

78.2( 4) An arbitrator shall be named to the Roster at the pleasure of the Minister.

78.2( 5) An arbitrator named to the Roster is entitled to be reimbursed for accommodation, meal and travel expenses reasonably incurred in connection with his or her duties as an arbitrator in accordance with the Board of Management travel policy guidelines, as amended.

58 Section 79 of the Act is repealed and the following is substituted:

Interest arbitration

79( 1) By agreement in writing to be bound by an award, an employer or employers’ organization and a bargaining agent may submit their differences to arbitration when they have bargained collectively but have failed to reach agreement with respect to

(a) making a collective agreement,

(b) the renewal or revision of an existing agreement, or

79( 2) An agreement to arbitrate under subsection (1) is effective when filed with the Minister.

79( 3) On the filing of an agreement to arbitrate under subsection (1), subsections 55(3), (4) and (5), and subsections 73(1) and (2) apply, with the necessary modifications, to the arbitration.

79( 4) Every collective agreement shall provide

(a) for the final and binding settlement by arbitration, without stoppage of work, of all differences between the parties to the collective agreement, or persons bound by it or on whose behalf it was entered into, respecting

( i) its renewal or revision, or

( ii) the making of a new collective agreement, and

(b) for the constitution of an arbitration board to deal with the differences and to formulate

( i) a collective agreement,

( ii) the renewal or revision of an existing agreement, or

( iii) a new agreement.

79( 5) If a collective agreement does not contain the provisions under subsection (4), it shall be deemed to contain the following provisions:

“If an employer or employers’ organization and a bargaining agent have bargained collectively with a view to the making of a collective agreement or the renewal or revision of an agreement or the making of a new agreement, but have failed to reach agreement, either of the parties may notify the other party in writing of its desire to submit the matter to arbitration.

Within five days after the receipt of the notice, each party shall appoint a person to act as a member of the arbitration board.

Within five days after the appointment of the second appointee, the two persons appointed to act as members of the arbitration board shall appoint a third person from the Roster to act as chairperson of the arbitration board.

If either party fails to appoint a person as a member of the arbitration board within the time limit, the Minister, on the request of the parties, shall make the appointment on behalf of that party from the Roster.

If the two persons appointed as members of the arbitration board fail to appoint a chair for the arbitration board within the time limit, the Minister shall make the appointment on their behalf from the Roster.

If a vacancy occurs in the membership of the arbitration board it shall be filled in the same manner as provided for the appointment of the member or the chair.

The arbitration board shall hear and determine the difference and shall render an award and the award is final and binding on the parties and on any employee or employer affected by it.

The decision of a majority is the decision of the arbitration board, but, if there is no majority, the decision of the chair shall be the decision of the arbitration board.”

79( 6) When a collective agreement provides for arbitration before an arbitration board, or is deemed to provide for an arbitration board under subsection (5), the parties to the collective agreement may appoint, by agreement, a single arbitrator from the Roster.

79( 7) When a single arbitrator is appointed under this section, the arbitrator has the powers and duties conferred and imposed on an arbitration board under this Act.

79( 8) When differences have been submitted to arbitration under subsection (1), the remuneration and expenses of an arbitrator shall be paid

(a) when a single arbitrator has been appointed, one-half by the employer and one-half by the bargaining agent, or

(b) when an arbitration board has been constituted,

( i) by the employer, in the case of the arbitrator appointed by or on behalf of the employer,

( ii) by the bargaining agent, in the case of the arbitrator appointed by or on behalf of the bargaining agent, and

( iii) one-half by the employer and one-half by the bargaining agent, in the case of the chair.

59 The Act is amended by adding the following after section 79:

Mediation and hearing

79.1( 1) The arbitration board constituted under section 79 shall inquire into the matters in difference and conduct mediation with a view to effecting a settlement.

79.1( 2) No information or material furnished to or received by a member of an arbitration board in the course of any endeavour that an arbitrator may make to effect a settlement shall be disclosed except to the Minister, the Deputy Minister or the Director of Industrial Relations.

79.1( 3) No member of an arbitration board who endeavours to effect a settlement shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of his or her duties under the Act.

79.1( 4) If a settlement that is satisfactory to both parties is not reached following mediation, the arbitration board shall conduct a hearing.

79.1( 5) Within the time and in the manner that the arbitration board may specify, each party to the arbitration shall submit to the arbitration board

(a) a statement of the matters on which the parties to the arbitration are in agreement,

(b) a statement of the monetary matters and other matters on which the parties to the arbitration have differences,

(d) its proposal concerning the award to be made by the arbitration board in respect of the other matters in difference, and

(e) a copy of the previous collective agreement and previous arbitral award, if any, that applied to the bargaining unit.

79.1( 6) Subsections 74(1) and (2), subsection 75(1), subsections 76(1) and (2), and subsection 77(2) apply, with the necessary modifications, to a hearing under subsection (4).

Award

79.2( 1) After considering the matters in difference and any other matter that is necessarily incidental to a resolution of the matters, and taking into account the criteria set out in subsection (2), the arbitration board shall render an award

(a) by selecting either the final offer submitted by the employer or employer’s organization or the final offer submitted by the bargaining agent with respect to the monetary matters in difference, and

(b) based on conventional arbitration with respect to the other matters in difference.

79.2( 2) To ensure that wages and benefits are fair and reasonable to the employees and to the employer, the arbitration board shall consider, for the period with respect to which the award will apply, the following:

(a) wages and benefits in private and public, and unionized and non-unionized, employment;

(b) the continuity and stability of private and public employment including employment levels and incidence of layoffs;

(c) the need to establish terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered;

(d) with respect to wage adjustments, the cost of living in New Brunswick;

(e) all the terms and conditions of employment of, and benefits provided to, employees in the bargaining unit to which the award relates, including salaries, bonuses, allowances, vacation pay, employer contributions to pension funds or plans and all forms of health plans and dental insurance plans; and

(f) any other factor that the arbitration board considers relevant to the matter in difference.

79.2( 3) The arbitration board shall provide written reasons for the award based on the criteria established in subsection (2).

79.2( 4) An award shall not include any matter to which the parties agreed under paragraph 79.1(5)(a) and, whenever possible, shall be made in a form that may

(a) be read and interpreted with, or annexed to and published with any collective agreement dealing with other terms and conditions of employment of the employees in the bargaining unit in respect of which the award applies, and

(b) be incorporated into and implemented by directions or other instruments that may be required to be made or issued by the employer or employers’ organization or the bargaining agent.

79.2( 5) Subsection 131(2) applies, with the necessary modifications, to the proceedings and award of the arbitration board.

Term of award

79.3( 1) An award under subsection 79.2(1) may be retroactive, but in no case shall the award be retroactive

(a) when no collective agreement was in operation, to a day before the day on which notice to bargain collectively was given by either party, or

(b) when a collective agreement was in operation, to a day before the expiration date of the agreement or the expiration date of a provision in it subject to revision under the agreement.

79.3( 2) The arbitration board shall specify the term for which an award made under subsection 79.2(1) shall be operative and, in making a determination, shall take into account

(a) if a collective agreement applicable to the bargaining unit is in effect or has been entered into but is not yet in effect, the term of that collective agreement, or

(b) if no collective agreement applying to the bargaining unit has been entered into,

( i) the term of any previous agreement that applied to the bargaining unit, or

( ii) the term of any other collective agreement that to the arbitration board appears relevant.

79.3( 3) Despite subsection (2) and in the absence of any criterion referred to in paragraph (2)(a) or (b), no award shall be for a term of less than one year or more than three years from the day on which it becomes binding on the parties.

Clarification of award

79.4( 1) When an award is made under subsection 79.2(1), a party bound by the award may request, within seven days after the release of the award, that the arbitration board reconvene if

(a) the arbitration board has failed to deal with any matter in difference, or

(b) a term of the award requires clarification.

79.4( 2) On a request under subsection (1), the arbitration board shall reconvene and deal with the matter of the request in the same manner as in the case of a difference between the parties initially before the arbitration board.

79.4( 3) Subject to subsections (1) and (2), an award under subsection 79.2(1) shall immediately be incorporated into a collective agreement and subsections 37(3), (5) and (6) apply, with the necessary modifications, to the award.

79.4( 4) Subject to subsection 57(2), the award shall have the effect of a collective agreement for the purposes of this Act until incorporated into a collective agreement under subsection (3).

60 Subsection 80(3) of the Act is repealed and the following is substituted:

80( 3) On a notification under subsection (2), subsections 79(3) to (8) and sections 79.1, 79.2, 79.3 and 79.4 apply, with the necessary modifications, to the arbitration.

Transitional provisions

61 If a notice to bargain collectively was given under sections 32 or 33 of the Industrial Relations Act before this Act receives first reading in the Legislative Assembly, sections 1, 55.01, 79 and 80 of the Industrial Relations Act, as those sections read immediately before the commencement of this Act, continue to apply in respect of the matter to which the notice relates, including any appeal of any decision or award made in respect of that matter.

Division B

Amendments to the
Public Service Labour Relations Act

Public Service Labour Relations Act

62 Section 1 of the Public Service Labour Relations Act, chapter P-25 of the Revised Statutes, 1973, is amended by repealing the definition “arbitration tribunal” and substituting the following:

“arbitration tribunal” means an arbitration tribunal established under subsection 79(2) and includes a single arbitrator appointed under subsection 78(7); (tribunal d’arbitrage)

63 Section 78 of the Act is amended

(a) by adding before subsection (1) the following:

78( 0.1) In this section, “Roster” means the roster of arbitrators established under section 78.2 of the Industrial Relations Act.

(b) by repealing subsection (3) and substituting the following:

78( 3) Within five days after the appointment of the second appointee, the two persons appointed to act as members of the arbitration tribunal shall appoint a third person from the Roster to act as chairperson of the arbitration tribunal.

78( 4) If either party fails to appoint a person as a member of the arbitration tribunal within the time limit established under subsection (2), the Board, on the request of the parties, shall make the appointment on behalf of that party from the Roster.

(d) by repealing subsection (5) and substituting the following:

78( 5) If the two persons appointed as members of the arbitration tribunal fail to appoint a chairperson for the arbitration tribunal within the time limit established under subsection (3), the Board shall make the appointment on their behalf from the Roster.

(e) by adding after subsection (6) the following:

78( 7) When a collective agreement provides for arbitration before an arbitration tribunal, or is deemed to provide for such a tribunal by virtue of this section, the parties may appoint, by agreement, a single arbitrator from the Roster.

78( 8) When a single arbitrator is appointed under this section, the arbitrator has the powers and duties conferred and imposed on an arbitration tribunal under this Act.

64 Subsection 79(1) of the Act is repealed and the following is substituted:

79( 1) Within ten days after the receipt of the notice under subsection 78(1), each party shall submit to the Board

(a) a statement of the matters on which the parties are in agreement,

(b) a statement of the monetary matters in dispute and the other matters in dispute,

(d) its proposal concerning the award to be made by the arbitration tribunal in respect of the other matters in dispute, and

(e) a copy of the previous collective agreement and previous arbitral award, if any, that applied to the bargaining unit.

65 Section 81 of the Act is amended

(a) in subsection (2) by striking out “and endeavour to effect a settlement” and substituting “and conduct mediation with a view to effecting a settlement”;

(b) by adding after subsection (2) the following:

81( 2.1) No information or material furnished to or received by a member of an arbitration tribunal in the course of any endeavour that the arbitration tribunal may make to effect a settlement shall be disclosed except to the Board.

81( 3) If the arbitration tribunal is unable to effect a settlement, the arbitration tribunal shall consider the matters in dispute together with any other matter that the arbitration tribunal considers necessarily incidental to the resolution of the matters in dispute.

(d) by repealing subsection (4) and substituting the following:

81( 4) When the parties reach agreement on any matter in dispute that was referred by the Board to the arbitration tribunal and the parties enter into a collective agreement in respect of that matter before an arbitral award is rendered under subsection 83(3), the matters in dispute that were referred to the arbitration tribunal shall be deemed not to include it and no arbitral award shall be rendered by the arbitration tribunal in respect of that matter.

66 Section 82 of the Act is amended

(a) in paragraph (f) by striking out “and” at the end of the paragraph;

(b) by adding after paragraph (f) the following:

(f.1) with respect to wage adjustments, the cost of living in New Brunswick;

(f.2) all the terms and conditions of employment of, and benefits provided to, employees in the bargaining unit to which the arbitral award relates, including salaries, bonuses, allowances, vacation pay, employer contributions to pension funds or plans and all forms of health plans and dental insurance plans; and

67 Section 83 of the Act is amended by adding after subsection (2) the following:

83( 3) After considering the matters in dispute and any other matter that is necessarily incidental to a resolution of the matters, and taking into account the criteria set out in section 82, the arbitration tribunal shall render an arbitral award

(a) by selecting either the final offer submitted by the employer or employer’s organization or the final offer of the bargaining agent with respect to the monetary matters in dispute, and

(b) based on conventional arbitration with respect to the other matters in dispute.

83( 4) The arbitration tribunal shall provide written reasons for the arbitral award based on the criteria established in section 82.

68 Section 90.2 of the Act is repealed and the following is substituted:

90.2 The remuneration and expenses of a person appointed under section 78 shall be paid

(a) when a single arbitrator has been appointed, one-half by the employer and one-half by the bargaining agent, or

(b) when an arbitration tribunal has been constituted,

( i) by the employer, in the case of the person appointed by or on behalf of the employer,

( ii) by the bargaining agent, in the case of a person appointed by or on behalf of the bargaining agent, and

( iii) one-half by the employer and one-half by the bargaining agent in the case of the chairperson.

Transitional provisions

69 If a notice to bargain collectively was given under section 44 of the Public Service Labour Relations Act before this Act receives first reading in the Legislative Assembly, sections 1, 78 to 83 and 90.2 of the Public Service Labour Relations Act, as those sections read immediately before the commencement of this Act, continue to apply in respect of the matter to which the notice relates, including any appeal of any decision or award made in respect of that matter.

PART 5

AMENDMENTS TO THE LIMITATION OF ACTIONS ACT

Limitation of Actions Act

70 Section 27.1 of the Limitation of Actions Act, chapter L-8.5 of the Acts of New Brunswick, 2009, is amended by striking out “May 1, 2016” wherever it appears and substituting “July 1, 2021”.

Commencement and transitional provisions

71( 1) Section 70 shall be deemed to have come into force on April 30, 2016.

71( 2) If the limitation period that applies to a claim by the Crown for the recovery of money owing to it would, if not for this section, expire after April 30, 2016, but before the commencement of this Part, that limitation period shall be deemed not to have expired.

PART 6

REPEAL OF THE
NEW BRUNSWICK INVESTMENT MANAGEMENT CORPORATION ACT

Definitions

72 The following definitions apply in this Part.

“Act” means the New Brunswick Investment Management Corporation Act. (Loi)

“Board” means the board of directors of the Corporation. (Conseil)

“Chairperson” means the Chairperson of the Board designated under section 8 of the Act. (président)

“Corporation” means the New Brunswick Investment Management Corporation established under section 2 of the Act. (Société)

“President” means the President of the Corporation appointed under section 12 of the Act. (Président)

“private Act” means the Vestcor Act. (loi d’intérêt privé)

“Vestcor Investments” means Vestcor Investment Management Corporation continued as a body corporate under the private Act. (Placements Vestcor)

“Vestcor Services” means Vestcor Pension Services Corporation established as a body corporate under the private Act. (Services Vestcor)

“Vice-Chairperson” means the Vice-Chairperson of the Board designated under section 8 of the Act. (vice-président)

Repeal of New Brunswick Investment Management Corporation Act

73 The New Brunswick Investment Management Corporation Act, chapter N-6.01 of the Acts of New Brunswick, 1994, is repealed.

Authority to continue Corporation

74 Despite section 73, New Brunswick Investment Management Corporation may be continued under the private Act as Vestcor Investment Management Corporation.

Revocation of appointments

75( 1) All appointments of persons as members of the Board are revoked.

75( 2) All designations of persons as Chairperson or Vice-Chairperson of the Board are revoked.

75( 3) The appointment of a person as President of the Corporation is revoked.

75( 4) All contracts, agreements, orders or by-laws relating to the remuneration, allowance and expenses to be paid to the members of the Board, the Chairperson, the Vice-Chairperson and the President are null and void.

75( 5) Despite the provisions of a contract, agreement, order or by-law, no remuneration, allowance or expenses shall be paid to the members of the Board, the Chairperson, the Vice-Chairperson and the President.

75( 6) No action, application or other proceeding lies or shall be instituted against the Corporation, Vestcor Investments, the Minister of Finance or the Crown in right of the Province as a result of any of the following:

(a) the continuation of the Corporation under the private Act;

(b) the revocation of the appointments of the members of the Board;

(d) the revocation of the appointment of the President.

75( 7) No action, application or other proceeding lies or shall be instituted against the Corporation, Vestcor Investments, the Minister of Finance or the Crown in right of the Province as a consequence of any person ceasing to hold a board of directors position in the Corporation as a result of the repeal of the Act.

Effect of continuation of Corporation

76( 1) The continuation of the Corporation under the private Act does not affect the rights and obligations of the Corporation and, on the commencement of section 73,

(a) the property of the Corporation is the property of Vestcor Investments,

(b) Vestcor Investments is liable for the obligations of the Corporation,

(d) a conviction against, or ruling, order or judgment in favour of or against the Corporation may be enforced by or against Vestcor Investments.

76( 2) On the commencement of section 73, Vestcor Investments is entitled to any immunity or privilege that the Corporation was entitled to claim under any Act or at common law with respect to the following:

(a) anything done or purported to have been done before the commencement of section 73;

(b) anything omitted or purported to have been omitted before the commencement of section 73; and

Immunity continues

77( 1) No action, application or other proceeding lies or shall be instituted against any of the following persons in relation to anything done or purported to have been done in good faith, or in relation to anything omitted in good faith, under the Act by that person before the commencement of section 73:

(a) the President or a former President;

(b) a member or former member of the Board; and

77( 2) No action, application or other proceeding lies or shall be instituted against the Corporation or Vestcor Investments in relation to anything done or purported to have been done in good faith, or in relation to anything omitted in good faith, under the Act by a person referred to in subsection (1) before the commencement of section 73.

Employees of the Pension and Employee Benefits Division

78( 1) In this section, “former employee” means a person who is an employee of the Pension and Employee Benefits Division of the Department of Human Resources on September 30, 2016, and who, on October 1, 2016, becomes an employee of Vestcor Services, but does not include a person appointed under section 17 or 18 of the Civil Service Act.

78( 2) Despite the Civil Service Act, during the period beginning on October 1, 2016, and ending on September 30, 2017, a former employee may be a candidate in a closed competition under the Civil Service Act as if he or she were an employee within the meaning of the Civil Service Act and, in relation to that competition, has the status of an employee under that Act for the purposes of sections 33, 33.1 and 33.2 of that Act.

78( 3) Despite the Civil Service Act, during the period beginning on October 1, 2016, and ending on September 30, 2017, if a former employee is laid off by Vestcor Services, he or she is deemed to be an employee under the Civil Service Act for the purposes of subsections 26(3) and (4) of that Act and of paragraph 3(c) of the Exclusions Regulation – Civil Service Act.

78( 4) Despite the Civil Service Act, during the period beginning on October 1, 2016, and ending on September 30, 2017, a former employee is eligible to be appointed to a position in the Public Service through a lateral transfer as if he or she were an employee within the meaning of the Civil Service Act.

78( 5) On October 1, 2016, the Department of Human Resources shall transfer to Vestcor Services all personnel files and similar material relating to all former employees that are in its custody or under its control.

78( 6) If subsection (5) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, subsection (5) prevails.

78( 7) Despite the definition of “former employee” in subsection (1), for the purposes of subsection (5), “former employee” includes a person appointed under section 17 or 18 of the Civil Service Act.

Employees of the Pension and Employee Benefits Division – Severance

79( 1) The following definitions apply in this section.

“former employee” means a non-bargaining employee of the Pension and Employee Benefits Division of the Department of Human Resources whose employment is terminated effective on September 30, 2016, and who is offered employment with Vestcor Services on similar terms and conditions as his or her employment with the Department of Human Resources. (ancien employé)

“non-bargaining employee” means an employee whose terms and conditions of employment are not determined by a collective agreement. (employé non syndiqué )

79( 2) All contracts, agreements, orders or policies relating to the severance pay or allowance to be paid to a former employee are null and void with respect to that former employee.

79( 3) Despite the provisions of a contract, agreement, order or policy, no severance pay or allowance shall be paid to a former employee.

79( 4) No action, application or other proceeding lies or shall be instituted against Vestcor Services, the Minister of Human Resources or the Crown in right of the Province as a result of the failure to pay a former employee any severance pay or allowance.

Consequential Amendments and Commencement

Accountability and Continuous Improvement Act

80 Schedule A of the Accountability and Continuous Improvement Act, chapter 27 of the Acts of New Brunswick, 2013, is amended by striking out “New Brunswick Investment Management Corporation”.

Regulations under the Civil Service Act

81( 1) Paragraph 3(i) of New Brunswick Regulation 84-230 under the Civil Service Act is amended by striking out “New Brunswick Investment Management Corporation, ”.

81( 2) Paragraph 4(1)(h.1) of New Brunswick Regulation 93-137 under the Civil Service Act is repealed.

Regulation under the Procurement Act

82 Schedule B of New Brunswick Regulation 2014-93 under the Procurement Act is amended by striking out “New Brunswick Investment Management Corporation”.

Provincial Court Judges’ Pension Act

83 Subsection 4(3) of the Provincial Court Judges’ Pension Act, chapter P-21.1 of the Acts of New Brunswick, 2000, is repealed and the following is substituted:

4( 3) The Minister shall be the trustee of the Fund, and the Fund shall be held in trust by the Minister.

Public Service Labour Relations Act

84 The First Schedule of the Public Service Labour Relations Act, chapter P-25 of the Revised Statutes, 1973, is amended in Part IV by striking out “New Brunswick Investment Management Corporation”.

Commencement

85 This Part comes into force on October 1, 2016.

PART 7

AMENDMENTS TO THE NEW BRUNSWICK LIQUOR CORPORATION ACT

New Brunswick Liquor Corporation Act

86 Section 16 of the New Brunswick Liquor Corporation Act, chapter N-6.1 of the Revised Statutes, 1973, is amended

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

16( 1) Before February 28 in each year, the Board shall prepare and submit to Board of Management a budget containing estimates of the amounts required for working capital and for capital expenditures required during the next fiscal year for the purposes of the Corporation and forecasting the estimated net profit of the Corporation for the next fiscal year.

(b) in subsection (3) of the French version by striking out “d’une année financière” and substituting “d’un exercice financier”;

87 Subsection 18(4) of the French version of the Act is amended by striking out “la fin de l’année financière pour laquelle ce rapport est établi” and substituting “la fin de l’exercice financier pour lequel ce rapport est dressé”.

88 Section 20 of the French version of the Act is repealed and the following is substituted:

20 Dans les cinq mois qui suivent la fin de son exercice financier, la Société présente au ministre des Finances, en la forme qu’il prescrit, un rapport vérifié de ses activités durant cet exercice financier, document que dépose le ministre devant l’Assemblée législative si elle siège à ce moment-là sinon, à la session suivante.

PART 8

AMENDMENTS TO THE
OFF-ROAD VEHICLE ACT

Off-Road Vehicle Act

89 Section 1 of the Off-Road Vehicle Act, chapter O-1.5 of the Acts of New Brunswick, 1985, is amended by repealing the definition “Advisory Board”.

90 Section 39.3 of the Act is amended

(a) in paragraph (g) of the English version by adding “and” at the end of the paragraph;

(b) in paragraph (h) by striking out “; and” at the end of the paragraph and substituting a period;

91 The Act is amended by adding after section 39.3 the following:

Trail Management Trust Fund

39.31 The Minister of Natural Resources may at any time seek the advice and recommendations from a person, organization or body with respect to payments out of the Fund for any of the purposes set out in section 39.3.

92 Section 39.4 of the Act is repealed.

93 Section 39.5 of the Act is repealed.

94 Section 39.6 of the Act is repealed.

95 Section 39.7 of the Act is repealed.

96 Section 39.8 of the Act is repealed.

97 Section 39.9 of the Act is repealed.

Transitional provisions

98( 1) The Trail Management Trust Fund Advisory Board established under section 39.4 of the Off-Road Vehicle Act is abolished.

98( 2) All appointments of members of the Trail Management Trust Fund Advisory Board are revoked.

98( 3) All contracts, agreements or orders relating to the allowance or expenses to be paid to members of the Trail Management Trust Fund Advisory Board are null and void.

98( 4) Despite the provisions of any contract, agreement or order, no allowance or expenses shall be paid to a member of the Trail Management Trust Fund Advisory Board.

98( 5) No action, application or other proceeding lies or shall be instituted against the Minister of Natural Resources or the Crown in right of the Province as a result of the abolition of the Trail Management Trust Fund Advisory Board or the revocation of the appointments of its members.

PART 9

AMENDMENTS TO THE
OPPORTUNITIES NEW BRUNSWICK ACT

Opportunities New Brunswick Act

99 Section 25 of the Opportunities New Brunswick Act, chapter 2 of the Acts of New Brunswick, 2015, is repealed and the following is substituted:

Annual charge

25 A person who receives a type of financial assistance under this Act that is prescribed by regulation shall pay to Opportunities NB an annual charge in the amount prescribed by regulation and in accordance with the terms and conditions prescribed by regulation.

100 Section 33 of the Act is amended by adding after paragraph (a) the following:

(a.1) prescribing the types of financial assistance for the purposes of section 25;

(a.2) prescribing the amount of an annual charge;

101 Subsection 49(2) of the Act is repealed and the following is substituted:

49( 2) In accordance with paragraph 5(c) of this Act, Opportunities NB may enter into further agreements in respect of an agreement referred to in subsection (1).

102 Section 53 of the Act is repealed and the following is substituted:

Financial assistance provided under the Economic Development Act

53( 1) Subject to subsection (2), the terms and conditions of financial assistance provided under the former Act before the commencement of this section continue to apply.

53( 2) In accordance with section 26 of this Act, Opportunities NB may amend the terms or conditions of financial assistance provided under the former Act before the commencement of this section.

53( 3) Sections 25 and 27 of this Act apply with the necessary modifications in relation to any financial assistance provided under the former Act before the commencement of this section.

53( 4) Despite their repeal on the commencement of this section, subsections 3(2) to (5) of the former Act apply with the necessary modifications in relation to any financial assistance provided under the former Act before the commencement of this section.

Consequential amendments – Regulation under the Opportunities New Brunswick Act

103 Section 7 of New Brunswick Regulation 2015-7 under the Opportunities New Brunswick Act is amended

(a) by adding before subsection (1) the following:

7( 0.1) The types of financial assistance for the purposes of section 25 of the Act are:

(a) a guarantee;

(b) a guaranteed loan; and

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

7( 1) The amount of an annual charge is equal to 1.5% of the principal amount of the guarantee, guaranteed loan or guaranteed bond outstanding on the date of its issue and on the decreasing balance of the guarantee, guaranteed loan or guaranteed bond to be calculated on each annual anniversary of the date of its issue.

(d) by repealing subsection (3) and substituting the following:

7( 3) Opportunities NB may defer, reduce or waive all or part of the annual charge on a guarantee, guaranteed loan or guaranteed bond in the circumstances it considers appropriate.

Commencement

104 This Part shall be deemed to have come into force on April 1, 2015.

PART 10

AMENDMENTS TO THE POST-SECONDARY STUDENT FINANCIAL ASSISTANCE ACT

Post-Secondary Student Financial Assistance Act

105 Section 1 of the Post-Secondary Student Financial Assistance Act, chapter P-9.315 of the Acts of New Brunswick, 2007, is amended by repealing the definition “Review Board”.

106 Subsection 17(3) of the Act is amended by striking out “Subject to subsection 22(2), the Minister” and substituting “The Minister”.

107 The heading “Reconsideration of application by Minister” preceding section 22 of the Act is repealed.

108 Section 22 of the Act is repealed.

109 The heading “REVIEW BOARD” preceding section 25 of the Act is repealed.

110 The heading “Establishment of Review Board” preceding section 25 of the Act is repealed.

111 Section 25 of the Act is repealed.

112 The heading “Quorum” preceding section 26 of the Act is repealed.

113 Section 26 of the Act is repealed.

114 The heading “Remuneration and expenses” preceding section 27 of the Act is repealed.

115 Section 27 of the Act is repealed.

116 The heading “Révision d’une demande” preceding section 28 of the French version of the Act is repealed and the following is substituted:

Examen d’une demande

117 Section 28 of the Act is repealed and the following is substituted:

Review of application

28( 1) A qualifying student who has submitted an application in accordance with section 19 may request that his or her application for a certificate under subsection 17(1) be reviewed by the Minister if

(a) the Minister refuses to issue a certificate of eligibility to the qualifying student, or

(b) the qualifying student did not receive the maximum allowable amount of financial assistance.

28( 2) A request for a review shall

(a) be submitted to the Minister before the end of the academic year or term for which the certificate of eligibility is requested,

(b) set out in detail the qualifying student’s reasons for requesting the review, and

28( 3) The Minister shall review the request for review and shall notify the qualifying student in writing of the results of the review.

118 Section 32 of the Act is amended

(a) in paragraph (d) of the English version by adding “and” at the end of the paragraph;

(b) in paragraph (e) by striking out the semicolon at the end of the paragraph and substituting a period;

(d) by repealing paragraph (g).

119 Section 33 of the Act is amended

(a) by repealing paragraph (j);

(b) by repealing paragraph (k);

120 Section 46 of the Act is amended by striking out “, 22”.

Transitional provisions

121( 1) The Post-Secondary Student Financial Assistance Review Board established under section 25 of the Post-Secondary Student Financial Assistance Act is abolished.

121( 2) All appointments of members of the Post-Secondary Student Financial Assistance Review Board are revoked.

121( 3) All contracts, agreements or orders relating to the allowance or expenses to be paid to members of the Post-Secondary Student Financial Assistance Review Board are null and void.

121( 4) Despite the provisions of any contract, agreement or order, no allowance or expenses shall be paid to a member of the Post-Secondary Student Financial Assistance Review Board.

121( 5) No action, application or other proceeding lies or shall be instituted against the Minister of Post-Secondary Education, Training and Labour or the Crown in right of the Province as a result of the abolition of the Post-Secondary Student Financial Assistance Review Board or the revocation of the appointments of its members.

Consequential amendments – Regulation under the Post-Secondary Student Financial Assistance Act

122( 1) The heading “REVIEW BOARD” preceding section 23 of New Brunswick Regulation 2007-78 under the Post-Secondary Student Financial Assistance Act is repealed.

122( 2) The heading “Composition of Review Board” preceding section 23 of the Regulation is repealed.

122( 3) Section 23 of the Regulation is repealed.

122( 4) The heading “Term of office and revocation of appointments” preceding section 24 of the Regulation is repealed.

122( 5) Section 24 of the Regulation is repealed.

122( 6) The heading “Hearing” preceding section 25 of the Regulation is repealed.

122( 7) Section 25 of the Regulation is repealed.

122( 8) The heading “Request for review” preceding section 26 of the Regulation is repealed.

122( 9) Section 26 of the Regulation is repealed.

122( 10) The heading “Date of review” preceding section 27 of the Regulation is repealed.

122( 11) Section 27 of the Regulation is repealed.

122( 12) The heading “Minister is party to review” preceding section 28 of the Regulation is repealed.

122( 13) Section 28 of the Regulation is repealed.

122( 14) The heading “Presentation of information” preceding section 29 of the Regulation is repealed.

122( 15) Section 29 of the Regulation is repealed.

122( 16) The heading “Conclusions and recommendations of Review Board” preceding section 30 of the Regulation is repealed.

122( 17) Section 30 of the Regulation is repealed.

122( 18) The heading “Reimbursement of expenses” preceding section 31 of the Regulation is repealed.

122( 19) Section 31 of the Regulation is repealed.

Commencement

123 This Part comes into force on April 1, 2016.

PART 11

AMENDMENTS TO THE PRIVATE INVESTIGATORS AND SECURITY SERVICES ACT

Private Investigators and Security Services Act

124 Section 1 of the Private Investigators and Security Services Act, chapter 209 of the Revised Statutes, 2011, is amended

(a) by repealing the definition “Commission”;

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

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

125 Paragraph 2(d) of the Act is repealed and the following is substituted:

(d) a person residing in another jurisdiction who is authorized by the law of that jurisdiction to engage in the business of providing the services of a private investigator or security guard, if that person

( i) on behalf of a client who resides outside the Province, makes an investigation partly outside the Province and partly within the Province, and

( ii) comes into the Province solely for the purpose of that investigation;

126 The heading “Private Investigators and Security Services Licensing Commission” preceding section 3 of the Act is repealed.

127 Section 3 of the Act is repealed.

128 Subsection 4(1) of the Act is amended by striking out “The Lieutenant-Governor in Council” and substituting “The Minister”.

129 The heading “Authority of Chair” preceding section 5 of the Act is repealed.

130 Section 5 of the Act is repealed.

131 The heading “Power of Commission to grant licence” preceding section 7 of the Act is repealed and the following is substituted:

Issuance of licence

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

Issuance of licence

7( 1) The Minister may issue to a person

(a) a private investigation agency licence, authorizing that person to operate a private investigation agency;

(b) a security services licence, authorizing that person to operate all or any of, as is designated in the licence,

( i) a security guard agency,

( ii) a burglar alarm agency,

( iii) a security consulting agency;

(d) a security services agent’s licence, authorizing that person to act as all or any of, as is designated in the licence,

( i) a security guard,

( ii) a burglar alarm agent,

( iii) a security consultant;

(e) a temporary security services agent’s licence for any period of four consecutive weeks within a 12-month period, authorizing that person to act as all or any of, as is designated in the licence,

( i) a security guard,

( ii) a burglar alarm agent,

( iii) a security consultant; and

(f) an out-of-province licence for a period of up to six months, authorizing that person to act as a private investigator or security guard, if that person

( i) resides in another jurisdiction and is authorized by the law of that jurisdiction to act as a private investigator or security guard,

( ii) on behalf of a client who resides outside the Province, makes an investigation partly outside the Province and partly within the Province, and

( iii) comes into the Province solely for the purpose of that investigation.

7( 2) The Minister may attach the terms and conditions to a licence that he or she considers appropriate.

7( 3) An applicant for a licence shall apply to the Minister on a form provided by the Minister and shall furnish on it the information that the Minister requires.

7( 4) The Minister may require an applicant to furnish any additional information and may make the investigations and may conduct the examinations that he or she considers necessary respecting the character, financial position and competency of an applicant.

7( 5) Except for a licence referred to in paragraph (1)(f), an applicant for a licence shall state in the application an address for service within the Province.

7( 6) No licence to operate an agency shall be issued to a person unless

(a) that person has an office for the agency in the Province approved by the Minister, and

(b) the person who manages the agency is ordinarily resident in the Province.

7( 7) No licence to operate an agency shall be issued to a person if that person or the person who will manage the agency has been found guilty or convicted of an offence under the Criminal Code (Canada) that the Minister considers relevant to the fitness of the person to operate or manage the agency and no pardon has been granted in respect of the offence.

133 Section 8 of the Act is amended

(a) in subsection (1) by striking out the portion preceding paragraph (a) and substituting the following:

8( 1) On application, the Minister shall issue a licence to a person to operate an agency unless, after making the inquiry that he or she considers necessary, the Minister is of the opinion that

(b) in subsection (2) by striking out the portion preceding paragraph (a) and substituting the following:

8( 2) On application, the Minister shall issue a licence to a person to act as an agent unless, after making the inquiry that he or she considers necessary, the Minister is of the opinion that

134 The heading “When Commission shall not grant licence” preceding section 9 of the Act is repealed and the following is substituted:

When licence shall not be issued

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

When licence shall not be issued

9( 1) The Minister shall not issue a licence to a person who is a minor.

9( 2) The Minister shall not issue a licence if in his or her opinion the issuing of the licence is not in the public interest, but no licence shall be refused under this subsection without giving the applicant an opportunity to be heard with counsel.

136 Section 10 of the Act is amended by striking out “The Commission shall not grant” and substituting “The Minister shall not issue”.

137 The heading “Conditions precedent to being granted licence” preceding section 11 of the Act is repealed and the following is substituted:

Conditions precedent to being issued licence

138 Section 11 of the Act is amended

(a) in subsection (1)

( i) by striking out the portion preceding paragraph (a) and substituting the following:

11( 1) As a condition precedent to being issued a licence, an applicant shall

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

(a) unless exempted by regulation, furnish in favour of Her Majesty a bond or other security on a form provided by the Minister and in the amount and subject to the terms and conditions that may be prescribed by regulation,

( iii) in paragraph (c) by striking out “the Commission” and substituting “the Minister”;

(b) by repealing subsection (2) and substituting the following:

11( 2) An identification card on a form provided by the Minister shall be issued with each licence.

139 Section 12 of the Act is amended

(a) by repealing subsection (3) and substituting the following:

12( 3) The Minister shall provide a copy of the bond, certified by the Minister to be a true copy, to a person who files with the Minister an affidavit setting out that the person has suffered a loss as a result of the wilful act of the agent, and that the person has not been compensated for that loss.

(b) by repealing subsection (4) and substituting the following:

12( 4) A document purporting to be a copy of a bond certified by the Minister is, without proof of the appointment, authority or signature of the Minister, admissible in evidence in an action to recover on the bond and when so admitted is equally authentic and of equal weight in evidence as the original document.

140 Section 13 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “the Commission” and substituting “the Minister”;

(b) in subsection (2) by striking out “the Commission” and substituting “the Minister”.

141 Section 14 of the Act is amended by striking out “the Commission” and substituting “the Minister”.

142 Section 15 of the Act is repealed and the following is substituted:

Expiry and renewal of licence

15( 1) Subject to section 18, a licence, except a licence referred to in paragraph 7(1)(e) or (f), expires on the last day of the twenty-fourth month following the issuance or renewal of the licence unless sooner revoked.

15( 2) Despite subsection (1), if a licence that was issued or renewed under this Act expires on March 31, 2017, and the licensee renews the licence on or before April 30, 2017, the licence expires on the last day of the month that next follows March 31, 2018, in which the first licence of that kind was issued to the licensee under this Act.

15( 3) On application to the Minister, a licence, except a licence referred to in paragraph 7(1)(e) or (f), may be renewed every 24 months on payment of the fee prescribed by regulation.

15( 4) On application for renewal of a licence, a person who holds a licence to operate an agency shall file with the Minister a return showing

(a) the address of each office or other place in which the person engaged in the business during the two immediately preceding licence years,

(b) the names and addresses of each employee who acted for or was employed by the person during the two immediately preceding licence years, and

143 Section 16 of the Act is amended by striking out “the Commission may grant” and substituting “the Minister may issue”.

144 Subsection 17(1) of the Act is repealed and the following is substituted:

17( 1) Without the consent of the Minister, no person shall disclose information received by the Minister or an employee of the Department of Public Safety in connection with an application or return required under this Act or in the course of an investigation authorized by this Act.

145 Section 18 of the Act is amended

(a) in subsection (1) by striking out “the Commission” and substituting “the Minister”;

(b) in subsection (2) by striking out “the Commission” and substituting “the Minister”;

(d) in subsection (4) in the portion preceding paragraph (a) by striking out “the Commission” and substituting “the Minister”.

146 Section 19 of the Act is amended

(a) in subsection (2) by striking out “the Commission” and substituting “the Minister”;

(b) by adding after subsection (2) the following:

19( 3) Subsection (2) does not apply to a licence referred to in paragraph 7(1)(f).

147 Section 20 of the Act is amended by striking out “the Commission” and substituting “the Minister”.

148 Section 21 of the Act is amended

(a) in paragraph (1)(a) by striking out “prescribed”;

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

149 Section 22 of the Act is amended

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

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

150 Section 23 of the Act is amended

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

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

151 Paragraph 24(2)(b) of the Act is amended by striking out “prescribed”.

152 Subsection 26(2) of the Act is amended by striking out the portion preceding paragraph (a) and substituting the following:

26( 2) The Minister may issue a permit referred to in subsection (1) if the Minister is satisfied, after extending a hearing to the applicant,

153 Section 27 of the Act is amended

(a) in subsection (1) by striking out “the Commission” and substituting “the Minister”;

(b) in subsection (2) by striking out the portion preceding paragraph (a) and substituting the following:

27( 2) On receipt of a complaint in writing, the Minister shall investigate the complaint and, after extending to the licensee and the complainant the opportunity to be heard and to be represented by counsel, may suspend or revoke the licence if the Minister is satisfied on reasonable grounds that

154 The heading “Power of Commission to investigate licensee” preceding section 28 of the Act is repealed and the following is substituted:

Power of Minister to investigate licensee

155 Section 28 of the Act is amended by striking out “the Commission on its own motion” and substituting “the Minister on his or her own motion”.

156 The heading “Powers under the Inquiries Act” preceding section 29 of the Act is repealed.

157 Section 29 of the Act is repealed.

158 The Act is amended by adding after section 30 the following:

Judicial review

30.1 The decision of the Minister to refuse to issue a licence or to suspend or revoke a licence is final and shall not be appealed but is subject to judicial review.

159 The heading “Statement of Chair as evidence” preceding section 32 of the Act is repealed and the following is substituted:

Statement as evidence

160 Section 32 of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “by the Chair of the Commission” and substituting “by the Minister”;

(b) in paragraph (c) by striking out “the Commission” and substituting “the Minister”;

161 The Act is amended by adding after section 32 the following:

Administration of Act

32.1 The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

162 Section 33 of the Act is amended

(a) by adding after paragraph (b) the following:

(b.1) authorizing the fee for a licence to be paid in instalments at designated times;

(b.2) designating times for the purposes of paragraph (b.1);

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

(f) governing the amount, terms and conditions of a bond or other security required to be furnished under section 11;

(k.1) respecting forms for the purposes of this Act and the regulations;

Transitional provisions

163( 1) The Private Investigators and Security Services Licensing Commission established under section 3 of the Private Investigators and Security Services Act is abolished.

163( 2) The appointment of a person as the Chair of the Private Investigators and Security Services Licensing Commission is revoked.

163( 3) All appointments of persons as other members of the Private Investigators and Security Services Licensing Commission are revoked.

163( 4) All contracts, agreements or orders relating to the remuneration or the rate of reimbursement for expenses to be paid to the members of the Private Investigators and Security Services Licensing Commission are null and void.

163( 5) Despite the provisions of a contract, agreement or order, no remuneration or expenses shall be paid to a member of the Private Investigators and Security Services Licensing Commission.

163( 6) No action, application or other proceeding lies or shall be instituted against the Minister of Public Safety or the Crown in right of the Province as a result of the abolition of the Private Investigators and Security Services Licensing Commission or the revocation of the appointments of its members.

Commencement

164 This Part comes into force on July 1, 2016.

PART 12

AMENDMENTS TO THE PRIVATE OCCUPATIONAL TRAINING ACT

Private Occupational Training Act

165 Section 1 of the Private Occupational Training Act, chapter P-16.1 of the Revised Statutes, 1973, is amended

(a) by repealing the definition “Board”;

(b) by repealing the definition “Corporation”;

(d) in the French version of the definition « programme de formation professionnelle » by striking out the semicolon at the end of the definition and substituting a period.

166 Section 6.3 of the Act is repealed.

167 Section 6.4 of the Act is repealed.

168 The Act is amended by adding before section 6.5 the following:

Training Completions Fund

6.41( 1) There is established a trust fund to be known as the Training Completions Fund.

6.41( 2) The Fund shall consist of

(a) money remitted for deposit to the credit of the Fund under subsection (8), paragraph 6.6(2)(b) and subsection 8(2),

(b) a loan provided to the Fund by the Minister under section 6.5,

(d) any other source of revenue as may be prescribed by regulation.

6.41( 3) The Fund shall be administered by the Minister and shall be held in trust for the purposes of this Act in a separate account in the Consolidated Fund.

6.41( 4) The Minister shall not invest the money in the Fund other than in the manner authorized by the Trustees Act.

6.41( 5) The purposes of the Fund are

(a) to provide compensation to a student, or a third party who has paid tuition fees on behalf of a student, if a training organization fails to provide, to completion, the occupational training program for which the tuition fees have been paid,

(b) to provide compensation to a student, or a third party who has paid tuition fees on behalf of a student, if the contract entered into with a training organization, or an agent, representative or salesperson of the training organization, by or on behalf of the student is rescinded in accordance with the regulation and the training organization fails to refund money repayable under the regulation,

(d) to carry out any other purposes as may be prescribed by regulation.

6.41( 6) Payments for the purposes of subsection (5) shall be a charge on and payable out of the Fund.

6.41( 7) The Minister shall, in a case within paragraph (5)(a),

(a) pay for the student to complete equivalent training with another training organization, or

(b) refund the student, or the third party who paid the tuition fees on the student’s behalf,

( i) the tuition fees for the last academic year for which tuition fees were paid, and

( ii) any reasonable accommodation costs paid by the student or the third party as may be determined by the Minister.

6.41( 8) If the Minister provides compensation under paragraph (5)(b), the training organization that failed to refund money repayable under the regulation shall, within 30 days after being requested by the Minister to do so, remit to the Minister for deposit to the credit of the Fund the money that the training organization failed to refund under the regulation.

6.41( 9) Despite any other provision of this section,

(a) no compensation shall be provided under paragraph (5)(a) or (b) to a student or a third party referred to in paragraph (5)(a) or (b) if the training organization has not charged and collected from the student or the third party the student protection fee required under section 6.6, and

(b) if there is insufficient money in the Fund to provide compensation in a case within paragraph (5)(a) or (b), the compensation provided shall

( i) not exceed the amount of money in the Fund, and

( ii) be provided on a proportional basis.

6.41( 10) The fiscal year of the Fund is the period commencing on April 1 in one year and ending on March 31 in the next year.

6.41( 11) For each fiscal year the Minister shall prepare financial statements of the Fund.

6.41( 12) The accounts and transactions of the Fund shall be audited annually by an auditor appointed for that purpose.

6.41( 13) Within six months after the end of the fiscal year, each year the Minister shall submit to the Lieutenant-Governor in Council for information purposes a copy of the audited financial statements of the Fund for that fiscal year.

6.41( 14) Within three months after a copy of the audited financial statements has been submitted under subsection (13), the Minister shall table the audited financial statements in the Legislative Assembly if it is then sitting or, if it is not then sitting, with the Clerk of the Legislative Assembly.

169 Section 6.5 of the Act is repealed and the following is substituted:

Loan to Fund

6.5( 1) The Minister, with the approval of the Lieutenant-Governor in Council, may make a loan to the Fund for the purposes of section 6.41.

6.5( 2) A loan under subsection (1) shall

(a) be in accordance with the terms and conditions specified by the Minister or specified in the approval of the Lieutenant-Governor in Council, and

(b) be deposited by the Minister to the credit of the Fund.

170 Subsection 6.6(2) of the Act is amended

(a) in paragraph (a) by striking out “Corporation” wherever it appears and substituting “Minister”;

(b) in paragraph (b) by striking out “Corporation” and substituting “Minister”.

171 Section 6.7 of the Act is repealed and the following is substituted:

6.7( 1) A student or a third party who has paid tuition fees on a student’s behalf may apply to the Minister, on a form provided by the Minister, for compensation under paragraph 6.41(5)(a) or (b).

6.7( 2) The Minister may require from a student or a third party who has applied to the Minister for compensation under paragraph 6.41(5)(a) or (b) the information the Minister considers necessary to support the application.

172 Subsection 8(2) of the Act is repealed and the following is substituted:

8( 2) If the Minister acts under paragraph (1)(b), the Minister shall deposit the proceeds of the security, in an amount not greater than the amount of compensation provided under paragraph 6.41(5)(a) or (b), to the credit of the Fund.

173 Section 11 of the Act is amended

(a) by repealing paragraph (n);

(b) by repealing paragraph (o).

Transitional provisions

174( 1) The body corporate known as the New Brunswick Private Occupational Training Corporation established under section 6.3 of the Private Occupational Training Act is dissolved.

174( 2) All appointments of the members of the board of directors of the New Brunswick Private Occupational Training Corporation immediately before the commencement of this section are revoked.

174( 3) All contracts, agreements and orders relating to the allowance or expenses to be paid to the members of the board of directors of the New Brunswick Private Occupational Training Corporation dissolved under subsection (1) are null and void.

174( 4) Despite the provisions of any contract, agreement or order, no allowance or expenses shall be paid to any member of the board of directors of the New Brunswick Private Occupational Training Corporation dissolved under subsection (1).

174( 5) No action, application or other proceeding lies or shall be instituted against the Minister of Post-Secondary Education, Training and Labour or the Crown in right of the Province as a result of the dissolution of the New Brunswick Private Occupational Training Corporation or the revocation of appointments under subsection (2).

174( 6) On the commencement of this section,

(a) the property of the New Brunswick Private Occupational Training Corporation becomes the property of the Minister of Post-Secondary Education, Training and Labour,

(b) the claims, rights, liabilities, obligations and privileges of the New Brunswick Private Occupational Training Corporation are transferred to and become vested in the Minister of Post-Secondary Education, Training and Labour, and

(c) the funds and accounts receivable standing to the credit of the New Brunswick Private Occupational Training Corporation are transferred to and become vested in the Minister of Post-Secondary Education, Training and Labour.

174( 7) On the commencement of this section,

(a) subject to paragraph (b), an existing cause of action or claim by or against the New Brunswick Private Occupational Training Corporation is unaffected,

(b) an action, application or other proceeding pending by or against the New Brunswick Private Occupational Training Corporation may be continued by or against the Minister of Post-Secondary Education, Training and Labour, and

(c) a ruling, order or judgment in favour of or against the New Brunswick Private Occupational Training Corporation may be enforced by or against the Minister of Post-Secondary Education, Training and Labour.

174( 8) The Minister of Post-Secondary Education, Training and Labour may bring or maintain in his or her name any action, application or other proceeding or exercise any power, right or remedy that the New Brunswick Private Occupational Training Corporation was, could have been or could have become entitled to bring, maintain or exercise on or before the commencement of this section.

174( 9) By-laws made by the board of directors of the New Brunswick Private Occupational Training Corporation under the Private Occupational Training Act before the commencement of this section are revoked.

174( 10) The books, records, documents and files of the New Brunswick Private Occupational Training Corporation established under section 6.3 of the Private Occupational Training Act become the books, records, documents and files of the Minister of Post-Secondary Education, Training and Labour.

174( 11) Any reference to the New Brunswick Private Occupational Training Corporation, to the chairperson or vice-chairperson of the board of directors or to any other member of the board of directors of the New Brunswick Private Occupational Training Corporation in any Act of the Legislature other than this Act, in any regulation under an Act of the legislature or in any other instrument or document shall be read as a reference to the Minister of Post-Secondary Education, Training and Labour, unless the context otherwise requires.

174( 12) The Training Completions Fund established under section 6.4 of the Private Occupational Training Act is dissolved.

174( 13) Despite subsection (12), any amounts owing to the Training Completions Fund established under section 6.4 of the Private Occupational Training Act before the commencement of this section that have not been paid into that Fund before the commencement of this section shall be paid into that Fund.

174( 14) Despite subsection (12), any costs incurred before the commencement of this section that have not been paid out of the Training Completions Fund established under section 6.4 of the Private Occupational Training Act before the commencement of this section shall be paid out of that Fund.

174( 15) Any amounts remaining in the Training Completions Fund established under section 6.4 of the Private Occupational Training Act after the amount referred to in subsection (13) have been paid into that Fund and after the costs referred to in subsection (14) have been paid out of that Fund shall be paid into the Training Completions Fund established under section 6.41 of the Private Occupational Training Act.

Consequential amendments – Regulation under the Private Occupational Training Act

175( 1) Subsection 10.1(3) of New Brunswick Regulation 84-207 under the Private Occupational Training Act is repealed and the following is substituted:

10.1( 3) If the Minister makes a payment under subsection (1) in a case where a training organization has failed to refund money repayable under subsection 10(6), the training organization shall, within 30 days after being requested by the Minister to do so, remit to the Minister for deposit to the credit of the Fund the money that the training organization failed to refund.

175( 2) Section 16.1 of the Regulation is repealed.

PART 13

AMENDMENTS TO THE
SALVAGE DEALERS LICENSING ACT

Salvage Dealers Licensing Act

176 Section 1 of the Salvage Dealers Licensing Act, chapter S-3 of the Revised Statutes, 1973, is amended

(a) by repealing the definition “Commission”;

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

“Minister” means the Minister of Public Safety and includes any person designated by the Minister to act on the Minister’s behalf; (ministre)

177 Section 2 of the Act is repealed and the following is substituted: .

Licence

2( 1) If satisfied that it is in the public interest to do so, the Minister may issue a licence as a salvage dealer or a renewal of a licence to a person who

(a) complies with the provisions of section 12 of the Unsightly Premises Act,

(b) has not been convicted of an offence under section 354 of the Criminal Code (Canada), or, if convicted, has been pardoned, and

2( 2) A licence remains in effect for the period of time prescribed by regulation.

2( 3) The Minister shall not refuse to issue a licence or a renewal of a licence without extending to the applicant an opportunity to be heard and to be represented by counsel.

178 Section 3 of the French version of the Act is amended in the portion preceding paragraph a) by striking out “Le Ministre” and substituting “Le ministre”.

179 Subsection 4(2) of the Act is amended by striking out “the Commission” and substituting “the Minister”.

180 Subsection 6(2) of the Act is repealed and the following is substituted:

Form and location of records

6( 2) The record referred to in subsection (1) shall be kept at the salvage yard in which the transaction was made and shall be kept in the manner prescribed by regulation and if the salvage dealer does not own or operate a salvage yard in the Province, the record shall be kept in the office established under subsection 4(3).

181 Section 18 of the Act is repealed and the following is substituted:

Certificate as evidence

18( 1) The Minister may issue a certificate stating that a salvage dealer has not been issued a licence under this Act.

18( 2) A certificate purporting to be signed by the Minister is, without proof of the appointment, authority or signature of the person purporting to have signed it, admissible in evidence and, in the absence of evidence to the contrary, is proof of the facts stated in it.

182 Section 21 of the Act is amended

(a) by striking out the portion preceding paragraph (1)(a) and substituting the following:

21( 1) After extending to the licensee an opportunity to be heard and to be represented by counsel, the Minister may suspend or revoke a licence if he or she is satisfied on reasonable grounds that

(b) by repealing subsection (2) and substituting the following:

21( 2) The Minister shall revoke a salvage dealer’s licence if a salvage dealer has been convicted of an offence under section 354 of the Criminal Code (Canada).

21( 3) On his or her own motion, the Minister may investigate or cause to be investigated the activities of a licensee related to this Act.

183 The Act is amended by adding after section 21 the following:

Judicial review

21.01 The decision of the Minister to refuse to issue a licence or a renewal of a licence or to suspend or revoke a licence is final and shall not be appealed but is subject to judicial review.

Administration of Act

21.02 The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

184 Section 21.1 of the Act is repealed.

185 Section 22 of the Act is amended

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

(a) prescribing information for the purposes of subsection 6(1);

(b) by adding after paragraph (d) the following:

(d.1) respecting forms for the purposes of this Act and the regulations;

Transitional provisions

186( 1) The Salvage Dealers Licensing Commission established under section 2 of the Salvage Dealers Licensing Act is abolished.

186( 2) The Chairman of the Salvage Dealers Licensing Commission ceases to hold office on the commencement of this section.

186( 3) All other members of the Salvage Dealers Licensing Commission cease to hold office on the commencement of this section.

186( 4) All contracts, agreements or orders relating to the remuneration or the rate of reimbursement for expenses to be paid to the members of the Salvage Dealers Licensing Commission are null and void.

186( 5) Despite the provisions of a contract, agreement or order, no remuneration or expenses shall be paid to a member of the Salvage Dealers Licensing Commission.

186( 6) No action, application or other proceeding lies or shall be instituted against the Minister of Public Safety or the Crown in right of the Province as a result of the abolition of the Salvage Dealers Licensing Commission or the application of subsections (2) and (3).

Consequential amendments – Regulation under the Salvage Dealers Licensing Act

187( 1) Subsection 3(1) of New Brunswick Regulation 84-107 under the Salvage Dealers Licensing Act is repealed and the following is substituted:

3( 1) A record of every purchase or receipt of salvage required to be kept under section 6 of the Act shall be on a form provided by the Minister.

187( 2) Subsection 4(1) of the Regulation is repealed and the following is substituted:

4( 1) A receipt required to be given by a salvage dealer under section 14 of the Act shall be on a form provided by the Minister.

187( 3) Section 5 of the Regulation is amended

(a) by striking out the portion preceding paragraph (a) and substituting the following:

5 An application for a licence shall be made to the Minister, accompanied by the prescribed fee, and shall include

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

(b) the nature of the business for which a licence is required,

187( 4) Section 8 of the Regulation is repealed and the following is substituted:

8 A licence shall be on a form provided by the Minister.

Commencement

188 This Part comes into force on April 1, 2016.