Bill 18 - Cannabis Education and Awareness Fund Act

BILL 18

Cannabis Education and Awareness Fund 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.

“advisory committee” means the cannabis advisory committee established under section 5. (comité consultatif)

“cannabis” means cannabis as defined in the Cannabis Management Corporation Act and includes (cannabis)

(a) a thing referred to in Schedule 2 of the Cannabis Act (Canada),

(b) dried cannabis as defined in the Cannabis Act (Canada) and any other class of cannabis,

(d) a service related to cannabis.

“Fund” means the Cannabis Education and Awareness Fund established under section 2. (Fonds)

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

Establishment and administration of Fund

2( 1) There is established a fund named the Cannabis Education and Awareness Fund.

2( 2) The Minister shall be the custodian of the Fund.

2( 3) Payments into the Fund shall be made in accordance with the Cannabis Management Corporation Act.

2( 4) All payments out of the Fund made for the purposes of section 3 shall be a charge on and payable out of the Fund.

2( 5) Payments out of the Fund shall not exceed an amount that represents the contributions made to the Fund and accumulated interest.

2( 6) The Fund shall be held for the purposes of this Act in a separate account in the Consolidated Fund.

2( 7) The Minister shall pay the costs of administering this Act by payments out of the Fund.

2( 8) All interest arising from the Fund shall be paid into and form part of the Fund.

2( 9) All amounts remaining in the Fund at the end of a fiscal year are carried forward to the next fiscal year.

2( 10) The Minister may invest the money in the Fund in the manner authorized by the Trustees Act and may invest in securities issued under the Provincial Loans Act.

Use of assets of Fund

3 The assets of the Fund shall be used for the following purposes:

(a) funding education and awareness programs related to cannabis, including programs concerning

( i) the prevention of cannabis abuse,

( ii) the responsible use of cannabis, and

( iii) strategies for the reduction of the adverse health effects of cannabis;

(b) the development and implementation of policies and programs relating to the responsible consumption of cannabis and reduction of its adverse health effects and the promotion of corporate social responsibility in the distribution and sale of cannabis;

(d) reimbursement of costs of initiatives undertaken by any individual or organization, or any department, corporation or agency of the government of the Province that are related to the purposes set out in paragraphs (a), (b) and (c).

Application for funding or reimbursement of costs

4( 1) For the purposes of section 3, the Minister may make payments out of the Fund, subject to any restrictions or conditions prescribed by regulation.

4( 2) The Minister may, after consulting with the advisory committee, remit sums from the Fund to any individual or organization, or any department, corporation or agency of the government of the Province that has made an application in accordance with this Act.

4( 3) An application for funding or reimbursement of costs shall be made in a form and in the manner determined by the Minister.

Advisory Committee

5( 1) To advise the Minister on matters relating to the use of the assets of the Fund referred to in section 3, the Minister shall appoint a cannabis advisory committee consisting of seven members as follows:

(a) the Chair of the board of directors of the Cannabis Management Corporation or his or her delegate, who shall be the Chair of the committee;

(b) the chief medical officer of health;

(d) three representatives of non-governmental organizations with an interest in the purposes for which the assets of the Fund are used.

5( 2) The Lieutenant-Governor in Council shall fix the remuneration of a member of the advisory committee who does not hold a full-time position in the Public Service as defined in the Public Service Labour Relations Act.

5( 3) 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 advisory committee in accordance with the Treasury Board travel policy guidelines, as amended.

5( 4) A majority of the members of the advisory committee constitutes a quorum.

5( 5) The advisory committee shall consider each application for funding or reimbursement of costs and shall make its recommendation to the Minister within a reasonable time.

5( 6) A recommendation of the advisory committee shall be decided by majority vote, and in the event of a tie, the Chair shall have the deciding vote.

5( 7) The Minister is not bound by a recommendation of the advisory committee.

5( 8) If the Minister rejects an application for funding or reimbursement of costs, the Minister shall notify the person submitting the application of his or her decision in writing as soon as the circumstances permit, but the Minister is not required to give reasons for refusing to act on an application nor to disclose the recommendation of the advisory committee.

5( 9) A decision of the Minister with respect to an application for funding or reimbursement of costs is final and conclusive and may not be questioned or reviewed in any court.

Certification of costs

6( 1) Certification of costs incurred by an individual or an organization for an initiative referred to in section 3 shall be made in a form and in the manner determined by the Minister.

6( 2) When the minister responsible for a department, a Crown corporation or a government agency certifies the costs incurred for an initiative referred to in section 3 to the Minister, the Minister may rely on the costs so certified.

Regulations

7 The Lieutenant-Governor in Council may make regulations

(a) prescribing restrictions and conditions under which the Minister may make payments out of the Fund for the purposes of subsection 4(1);

(b) defining words or expressions used, but not defined, in this Act;

Commencement

8( 1) Subject to subsection (2), this Act or any provision of it comes into force on a day or days to be fixed by proclamation.

8( 2) No provision of this Act shall be proclaimed before the day that Bill C-45, introduced in the first session of the forty-second Parliament and entitled An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, receives Royal Assent.