Bill 36 - Research and Productivity Council Act

BILL 36

Research and Productivity 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.

“Chair” means the chair of the Council. (président)

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

“Council” means the New Brunswick Research and Productivity Council continued under section 2. (Conseil)

“deputy head” means a deputy head as defined in the Civil Service Act. (administrateur général)

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

“Public Service” means the Public Service as defined in the Public Service Labour Relations Act. (services publics)

“Vice-Chair” means the Vice-Chair of the Council. (vice-président)

Council

2 The body corporate previously established under the name “New Brunswick Research and Productivity Council” is continued as a non-profit body corporate under the name of “New Brunswick Research and Productivity Council” in English and “Conseil de la recherche et de la productivité du Nouveau-Brunswick” in French.

Objects

3 The objects of the Council are to promote innovation through the use of science and technology for the purposes of improving quality of life and building economic viability and competitiveness in the Province, and in so doing

(a) to undertake, assist or promote scientific research, including technical and engineering research,

(b) to provide services, including analyses, tests, inspections, investigations and evaluations,

(d) to improve scientific processes and methods, and

(e) to carry out any other activities or duties that the Lieutenant-Governor in Council directs.

Powers and duties

4( 1) For the purposes of this Act, the Council has the capacity and the rights, powers and privileges of a natural person.

4( 2) Without limiting the generality of subsection (1), the Council may

(a) 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 Council considers the agreements necessary or expedient for the administration of this Act,

(b) receive, acquire, take, hold, mortgage, sell, convey or otherwise dispose of or deal with real and personal property and any interest in real and personal property,

(d) set fees for the delivery of its services,

(e) exercise any power given to the Council under any act or regulation, and

(f) do any other things that are required or authorized by this Act or that the Council considers necessary or incidental to the attainment of its objects.

4( 3) In carrying out its powers and duties, the Council is to operate within an accountability framework established by the Minister, who may give the Council strategic direction on matters that relate to its powers and duties.

Disclosure to, collection of and use of information by Council

5( 1) Subject to any provision in another Act, other than in the Right to Information and Protection of Privacy Act, that prohibits or limits the disclosure of information, any person or entity that enters into an agreement or arrangement with the Council to receive a service from the Council, shall disclose to the Council any information, including personal information, that the person or entity has collected that relates directly to and is necessary for the provision of the service.

5( 2) For the purpose of providing a service, the Council or an employee of the Council may collect directly or indirectly, from any person or entity, information, including personal information, that relates directly to and is necessary for the provision of the service.

5( 3) The Council or an employee of the Council shall not use or disclose any information, including personal information, disclosed under subsection (1) or collected under subsection (2) for any purpose other than providing the service for which the information was disclosed or collected.

5( 4) The Council or an employee of the Council is authorized to disclose to a person or entity any information, including personal information, that relates directly to and is necessary for a service that the Council is providing to or on behalf of the person or entity, as the case may be.

Conflict with the Right to Information and Protection of Privacy Act

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

Members of Council

7( 1) The Council shall consist of 9 to 13 members, who shall be appointed by the Lieutenant-Governor in Council and shall include the following persons:

(a) three to four voting members who are deputy heads, and

(b) not more than nine voting members appointed on the recommendation of the Council.

7( 2) A member appointed under paragraph (1)(b) shall

(a) meet the criteria that the Council has established in its by-laws,

(b) be selected, in accordance with the by-laws, by a nominating committee of the Council, and

7( 3) When selecting a nominee, the nominating committee shall consider knowledge, skills and experience in the following areas:

(a) business and industry,

(b) natural resources and the environment,

(d) post-secondary education, and

(e) other sectors of strategic relevance to the objects of the Council.

7( 4) Despite subsections (1) to (3) and subject to subsection 9(5), the Chair, Vice-Chair and secretary of the New Brunswick Research and Productivity Council and any other member of the Council, other than the Executive Director, who held office immediately before the commencement of this subsection continue in office until they resign, are replaced or their terms expire.

Role of members of Council

8( 1) The members shall administer the business and affairs of the Council, and all decisions and actions of the members are to be based generally on sound business practices.

8( 2) For the purpose of administering the business and affairs of the Council, the members may exercise all of the powers of the Council.

Terms of office

9( 1) A member of the Council shall hold office at the pleasure of the Lieutenant-Governor in Council for a term of up to three years.

9( 2) Subject to subsections (4) and (5), a member of the Council may be reappointed.

9( 3) Subject to subsections (4) and (5), a member of the Council remains in office despite the expiry of his or her term until the member resigns or is reappointed or replaced.

9( 4) A member of the Council is not eligible to hold office for more than nine years, whether consecutively or otherwise.

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

Vacancy or temporary absence

10( 1) If a vacancy occurs on the Council, the Lieutenant-Governor in Council may appoint a person to fill the vacancy for the balance of the term of the member replaced.

10( 2) In the case of a temporary absence, illness or incapacity to act of any member of the Council, the Lieutenant-Governor in Council may appoint a substitute for the member for the period of the temporary absence, illness or incapacity.

10( 3) A vacancy on the Council does not impair the capacity of the Council to act so long as a quorum is maintained.

Chair, Vice-Chair and secretary of Council

11( 1) The Lieutenant-Governor in Council shall appoint from among the members of the Council a Chair and a Vice-Chair for a term of up to three years fixed by the Lieutenant-Governor in Council.

11( 2) The members of the Council shall appoint an employee of the Council to be the secretary who shall perform the duties and functions directed by the Council.

Appointment of Executive Director

12( 1) The Executive Director of the Council shall be appointed as provided for in this section.

12( 2) The Executive Director shall be appointed by the Lieutenant-Governor in Council from among those nominated by the Council in accordance with subsection (5).

12( 3) The Executive Director shall hold office at the pleasure of the Lieutenant-Governor in Council for a term not exceeding five years and may be reappointed.

12( 4) Before making nominations under this section, the Council shall advise the Lieutenant-Governor in Council of its requirements for nominees for the position of Executive Director.

12( 5) In making nominations under this section, the Council shall

(a) use a merit-based and objective approach,

(b) ensure that nominees have the necessary knowledge, skills and qualifications to hold the office of Executive Director, and

(c) provide to the Lieutenant-Governor in Council a description of the recruitment, assessment and selection processes used and the results of those processes.

12( 6) In the case of the temporary absence or inability to act of the Executive Director, the Council may appoint a substitute for the Executive Director for the period of the temporary absence or inability to act.

12( 7) For the purposes of subsection (3), time served as a substitute appointed under subsection (6) shall count as time served as the Executive Director.

12( 8) Despite subsection (3), and subject to subsection (6), the Executive Director shall remain in office until he or she is removed, resigns or is reappointed or replaced.

Role of Executive Director

13( 1) The Executive Director is charged with the supervision, operation and control of the business and affairs of the Council and may exercise any other powers conferred on or delegated to him or her by the Council in the by-laws.

13( 2) For the purposes of the Right to Information and Protection of Privacy Act, the Executive Director is the head of the Council within the meaning of that Act.

13( 3) The Executive Director shall receive notice of every meeting of the Council and is entitled to attend those meetings and be heard on all matters relevant to the business and affairs of the Council.

13( 4) The Executive Director shall be appointed under subsection 12(2) in accordance with a contract of employment which shall be deemed to be a contract of employment between the Executive Director and the Council.

13( 5) The Executive Director shall be paid the remuneration fixed by the Lieutenant-Governor in Council on the recommendation of the Council and the payment shall be made out of the funds of the Council.

Meetings of Council

14( 1) The Council shall meet at least four times in each year.

14( 2) A majority of the members of the Council constitutes a quorum.

14( 3) Subject to subsection (4), the Chair or, in his or her absence, the Vice-Chair shall preside at the meetings of the Council.

14( 4) If the Chair and Vice-Chair are absent from a meeting of the Council, the members who are present may elect from among themselves a person to preside at the meeting.

By-laws

15( 1) In addition to any other by-laws authorized or required to be made under this Act and subject to this Act, the Council may make by-laws for the control and management of the business and affairs of the Council, including, but not limited to, by-laws respecting

(a) the establishment, composition, operation and dissolution of committees of the Council, and

(b) the date, time and place for the holding of meetings of the Council or of a committee of the Council and the practice and procedure at the meetings.

15( 2) The members of the Council shall make by-laws establishing the policy of the Council in respect of situations considered to constitute an actual or potential conflict of interest pertaining to members of the Council, including, but not limited to, the circumstances that constitute an actual or potential conflict of interest, the disclosure of the actual or potential conflict of interest and the manner in which it is to be dealt with.

15( 3) A by-law made under subsection (2) is ineffective until it has been approved by the Lieutenant-Governor in Council.

15( 4) The Regulations Act does not apply to a by-law made under this Act.

Remuneration and expenses

16( 1) The Chair and other members of the Council are entitled to be paid the remuneration fixed in accordance with the by-laws of the Council.

16( 2) A member of the Council who is not an employee of the Public Service is entitled to be paid those travelling, living and other expenses reasonably incurred by him or her in the performance of his or her duties that are fixed in accordance with the by-laws of the Council.

16( 3) A by-law of the Council made under subsection (1) is ineffective until it has been approved by the Lieutenant-Governor in Council.

Employees

17( 1) The Council may employ or engage persons in accordance with the by-laws of the Council.

17( 2) 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.

17( 3) Subject to the approval of the Council, all employees of the Council may participate in and receive benefits under any health, life, disability or other insurance, pension or retirement plan available to employees within the Public Service, in accordance with the terms upon which the right to participate and receive benefits may from time to time be extended to employees of the Council.

Immunity

18 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 be done in good faith or in relation to anything omitted in good faith, under this Act by the person:

(a) the Executive Director or any former Executive Director; and

(b) any member or former member of the Council.

Indemnity

19 The following persons 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 person 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 person’s wilful neglect or wilful default:

(a) the Executive Director or any former Executive Director; and

(b) any member or former member of the Council.

Financial matters

20( 1) Before December 31 of each year, the Council shall prepare and submit to Treasury Board a proposed budget containing the estimates of the amounts required for the operation of the Council for the next fiscal year.

20( 2) If in any fiscal year it appears that the actual revenue or expenditure of the Council is likely to be substantially greater or less than estimated in its budget, the Council shall submit to Treasury Board a revised budget containing the particulars required under subsection (1).

20( 3) Treasury Board shall approve in advance any capital expenditure in excess of $500,000.

Holding over of funds

21( 1) Despite the Financial Administration Act, but subject to subsection (2), the Council may hold funds over any fiscal year, whether received from the Consolidated Fund or from another source.

21( 2) The Minister of Finance may direct that any funds that would otherwise be held over be paid into the Consolidated Fund.

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS,
REPEAL AND COMMENCEMENT

Appointment of Executive Director

22 The person holding the office of Executive Director of the New Brunswick Research and Productivity Council under the Research and Productivity Council Act, chapter 128 of the Revised Statutes, 2014, immediately before the commencement of this section shall be deemed to be appointed as the Executive Director under section 12 of this Act on the commencement of this section.

Policies, by-laws and agreements

23 Any policies, by-laws or agreements in place under the Research and Productivity Council Act, chapter 128 of the Revised Statutes, 2014, immediately before the commencement of this section shall be deemed to have been made under this Act.

Definition of “affected employee”

24 In sections 25 to 28, “affected employee” means an employee of the New Brunswick Analytical Services Laboratory, the Provincial Fish Health Laboratory or the Provincial Dairy Laboratory who ceases to be employed with that portion of the Public Service known as the Department of Agriculture, Aquaculture and Fisheries or the Department of Environment and Local Government, as the case may be, on March 31, 2017, and becomes an employee of the New Brunswick Research and Productivity Council on April 1, 2017.

Accumulated years of service

25( 1) The accumulated years of service with the Public Service of an affected employee before becoming an employee of the New Brunswick Research and Productivity Council shall be recognized by the New Brunswick Research and Productivity Council for the purpose of determining probationary periods, sick leave and vacation leave or any other employment-related entitlements.

25( 2) Despite subsection (1), if an affected employee received severance pay on termination of his or her employment with the Department of Agriculture, Aquaculture and Fisheries or the Department of Environment and Local Government, as the case may be, the New Brunswick Research and Productivity Council is not deemed to accept the accumulated severance liability of the Province to the affected employee.

Closed competitions

26 Despite the Civil Service Act, during the period beginning on April 1, 2017, and ending on March 31, 2018, an affected employee may be a candidate in a closed competition under the Civil Service Act as if that person were an employee within the meaning of that 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.

Redeployment

27 Despite the Civil Service Act, if an affected employee is laid off by the New Brunswick Research and Productivity Council during the period beginning on April 1, 2017, and ending on March 31, 2018, 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.

Lateral transfers

28 Despite the Civil Service Act, during the period beginning on April 1, 2017, and ending on March 31, 2018, an affected employee is eligible to be appointed to a position in the Public Service through a lateral transfer as if the person were an employee within the meaning of the Civil Service Act.

Accountability and Continuous Improvement Act

29 Schedule A of the Accountability and Continuous Improvement Act, chapter 27 of the Acts of New Brunswick, 2013, is amended by adding the following in alphabetical order:

New Brunswick Research and Productivity Council

Proceedings Against the Crown Act

30 Section 1 of the Proceedings Against the Crown Act, chapter P-18 of the Revised Statutes, 1973, is amended in the definition “Crown corporation” by adding “the New Brunswick Research and Productivity Council,” after “the New Brunswick Highway Corporation,”.

Regulation under the Procurement Act

31( 1) Section 20 of New Brunswick Regulation 2014-93 under the Procurement Act is amended

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

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

(h) despite section 18, laboratory services procured from the New Brunswick Research and Productivity Council, regardless of their estimated value.

31( 2) Schedule B of the Regulation is amended by adding the following in alphabetical order:

New Brunswick Research and Productivity Council

Public Service Labour Relations Act

32 The First Schedule of the Public Service Labour Relations Act, chapter P-25 of the Revised Statutes, 1973, is amended in Part IV by adding the following in alphabetical order:

New Brunswick Research and Productivity Council

Repeal of Research and Productivity Council Act

33 The Research and Productivity Council Act, chapter 128 of the Revised Statutes, 2014, is repealed.

Commencement

34 This Act comes into force on April 1, 2017.