BILL 41

New Brunswick Women’s Council Act

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

Definitions

1 The following definitions apply in this Act.

“Council” means the Council established under section 2. (Conseil)

“Executive Director” means a person engaged as an Executive Director under paragraph 12(1)(a). (directrice générale)

“Minister” means the member of the Executive Council designated by the Lieutenant-Governor in Council to administer this Act. (ministre)

Establishment of Council

2 A body for study and consultation is established under the name of the “New Brunswick Women’s Council” in English and “Conseil des femmes du Nouveau-Brunswick” in French.

Objectives of Council

3 The objectives of the Council are as follows:

(a)  to be an independent body that provides advice to the Minister on matters of importance to women and their substantive equality;

(b)  to bring to the attention of government and the public issues of interest and concern to women and their substantive equality;

(c)  to include and engage women of diverse identities, experiences and communities, women’s groups and society in general;

(d)  to be strategic and provide advice on emerging and future issues; and

(e)  to represent New Brunswick women.

Duties and powers of Council

4( 1) The Council shall do the following:

(a)  advise the Minister on those areas or matters of importance, interest or concern to women and their substantive equality that the Minister refers to the Council for its consideration or that the Council considers appropriate;

(b)  conduct research on those areas or matters of importance, interest or concern to women and their substantive equality that the Council considers appropriate or that the Minister refers to the Council; and

(c)  bring before the government and the public those areas or matters of importance, interest or concern to women and their substantive equality.

4( 2) In carrying out its functions under subsection (1), the Council may do any of the following:

(a)  conduct or commission research on matters pertaining to its work, dependent on available resources; and

(b)  publish those reports, studies and recommendations that the Council considers necessary.

Appointment of members

5( 1) Subject to subsections (2) and (3), the Council shall consist of the following members:

(a)  the Executive Director who is, by virtue of that position, a member of the Council;

(b)  the Assistant Deputy Minister of the Women’s Equality Branch of the Executive Council Office who is, by virtue of that position, a member of the Council; and

(c)  not more than 15 other members appointed by the Lieutenant-Governor in Council.

5( 2) The Council shall consist of both organizations represented by an individual and individuals who support the objectives of the Council.

5( 3) The membership of the Council as a whole shall reflect the diversity, geography and official languages of New Brunswick.

5( 4) The members of the Council shall appoint from among themselves two co-chairs.

5( 5) The members of the Council, including the co-chairs, shall be appointed for a term of not more than three years.

Resignation, reappointment or replacement of members

6 Despite the expiry of their term, the members of the Council shall remain in office until they resign or are reappointed or replaced.

Vacancies

7( 1) If a vacancy occurs during the term of office of a member, that position may be filled by an appointment made by the Lieutenant-Governor in Council, in accordance with subsections 5(2) and (3), for the remainder of the term of that member.

7( 2) If the member whose vacancy is filled under subsection (1) is a co-chair, the Council shall appoint from among themselves another co-chair.

7( 3) A vacancy on the Council does not impair the capacity of the Council to act.

Remuneration of members

8 The Lieutenant-Governor in Council may determine the remuneration to be paid to the co-chairs and the other members of the Council and may fix the rate for reimbursement of expenses incurred by them while acting on behalf of the Council.

Duties of co-chairs

9 The co-chairs shall direct the activities of the Council and shall coordinate its work through its Executive Director.

Budget

10( 1) On or before December 15 of each year, the Council shall submit to the Minister a proposed budget containing the estimate of the amount of money required for the operation of the Council during the next fiscal year.

10( 2) Each fiscal year the Minister of Finance shall pay to the Council the amounts of money that are appropriated by the Legislature for financing the operation of the Council.

10( 3) The Council shall not accumulate a deficit.

Audit

11 The financial statements of the Council shall be audited at least once a year by an auditor appointed by the Council, and may be audited by the Auditor General at his or her initiative or on the request of the Lieutenant-Governor in Council.

Employees

12( 1) Subject to the funds appropriated under section 10, the Council may do the following:

(a)  engage an Executive Director in accordance with the by-laws of the Council; and

(b)  employ or engage other persons in accordance with the by-laws of the Council.

12( 2) Subject to any applicable collective agreement and despite the Financial Administration Act, the terms and conditions of employment for employees of the Council shall be established by the by-laws of the Council.

12( 3) The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the Executive Director and all other employees of the Council.

Duties of Executive Director

13( 1) The Executive Director is responsible to the Council for the following:

(a)  carrying out the directives of the Council within the guidelines established by the Council; and

(b)  managing the day-to-day operations of the Council, including the management and supervision of the other employees of the Council.

13( 2) The Regulations Act does not apply to the guidelines referred to in paragraph (1)(a).

Meetings

14( 1) The Council may hold its meetings at any place in New Brunswick.

14( 2) A majority of the members of the Council, including one of the co-chairs, constitutes a quorum.

14( 3) The Council shall meet at least four times in each fiscal year and two of those meetings shall be held in person or as determined by the by-laws of the Council.

By-laws

15( 1) Subject to the approval of the Lieutenant-Governor in Council, the Council may make by-laws for its internal management.

15( 2) The Regulations Act does not apply to the by-laws of the Council.

TRANSITIONAL PROVISIONS

Transitional provisions

16( 1) The Council established under section 2 of the Advisory Council on the Status of Women Act, chapter 102 of the Revised Statutes, 2011, under the name of the “Advisory Council on the Status of Women” in English and “le Conseil consultatif sur la condition de la femme” in French is abolished.

16( 2) All appointments of persons as members of the Advisory Council on the Status of Women, including the chair and the vice-chair, are revoked.

16( 3) All contracts, agreements or orders relating to the remuneration or expenses to be paid to the members of the Advisory Council on the Status of Women are null and void.

16( 4) Despite the provisions of a contract, agreement or order, no remuneration or expenses shall be paid to a member of the Advisory Council on the Status of Women.

16( 5) No application, action or other proceeding lies or shall be instituted against the Premier or, if the Premier designated a member of the Executive Council to act in the place and stead of the Premier for the purposes of the Advisory Council on the Status of Women Act, that member, the Minister or the Crown in right of the Province as a result of the abolition of the Advisory Council on the Status of Women or the revocation of the appointments of its members.

CONSEQUENTIAL AMENDMENTS

Accountability and Continuous Improvement Act

17 Schedule A of the Accountability and Continuous Improvement Act, chapter 27 of the Acts of New Brunswick, 2013, is amended by adding “New Brunswick Women’s Council” in alphabetical order.

Regulations under the Civil Service Act

18( 1) Paragraph 3(i) of New Brunswick Regulation 84-230 under the Civil Service Act is amended by striking out “the Advisory Council on the Status of Women” and substituting “the New Brunswick Women’s Council”.

18( 2) Paragraph 4(1)(a) of New Brunswick Regulation 93-137 under the Civil Service Act is repealed and the following is substituted:

(a)  New Brunswick Women’s Council;

Regulation under the Procurement Act

19 Schedule A of New Brunswick Regulation 2014-93 under the Procurement Act is amended by adding “New Brunswick Women’s Council” in alphabetical order.

Public Service Labour Relations Act

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

(a)  by striking out “Advisory Council on the Status of Women”;

(b)  by adding “New Brunswick Women’s Council” in alphabetical order.

REPEAL AND COMMENCEMENT

Repeal

21 The Advisory Council on the Status of Women Act, chapter 102 of the Revised Statutes, 2011, is repealed.

Commencement

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