BILL 31
An Act to Amend the Premier’s Council on the Status of Disabled Persons Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1( 1) The title of the Premier’s Council on the Status of Disabled Persons Act, chapter 208 of the Revised Statutes, 2011, is repealed and the following is substituted:
Premier’s Council on Disabilities Act
1( 2) If in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or other instrument or document, reference is made to the Premier’s Council on the Status of Disabled Persons Act, it shall be read, unless the context otherwise requires, as a reference to the Premier’s Council on Disabilities Act.
2 Section 1 of the English version of Act is amended
(a) by repealing the definition “disabled person”;
(b) by adding the following definition in alphabetical order:
“person with a disability” means a person who, because of physical or mental impairment including congenital or genetic abnormality, suffers the absence or reduction of functional competence that substantially limits his or her ability to carry out normal daily activities. (personne handicappée)
3 Section 2 of the Act is repealed and the following is substituted:
2 A body for study and consultation is established under the name of “Premier’s Council on Disabilities” in English and “Conseil du Premier ministre pour les personnes handicapées” in French.
4 Section 3 of the English version of the Act is amended
(a) in subsection (1)
( i) in paragraph (a) by striking out “disabled persons” and substituting “persons with disabilities”;
( ii) in paragraph (b) by striking out “disabled persons” and substituting “persons with disabilities”;
( iii) in paragraph (c)
( A) in subparagraph (ii) by striking out “disabled persons” and substituting “persons with disabilities”;
( B) in subparagraph (iii) by striking out “disabled persons” and substituting “persons with disabilities”;
(b) in subsection (2)
( i) in paragraph (a) by striking out “disabled persons” and substituting “persons with disabilities”;
( ii) in paragraph (b) by striking out “disabled persons” and substituting “persons with disabilities”;
( iii) in paragraph (c) by striking out “disabled persons” and substituting “persons with disabilities”;
( iv) in paragraph (d) by striking out “disabled persons” and substituting “persons with disabilities”;
( v) in paragraph (f) by striking out “disabled persons” and substituting “persons with disabilities”.
5 Section 4 of the Act is repealed and the following is substituted:
4( 1) The Council shall consist of a chair and 12 other members appointed by the Lieutenant-Governor in Council.
4( 2) In making appointments under subsection (1), the Lieutenant-Governor in Council shall take into consideration the gender of the members and the representation of persons with disabilities, members of visible minorities, the official linguistic communities, provincial agencies or provincial branches of national agencies that work on behalf of, or represent, persons with disabilities, and persons who work on behalf of persons with disabilities.
4( 3) The members of the Council shall designate a vice-chair from the members, and the vice-chair shall act in the place of the chair when for any reason the chair is unable to act.
4( 4) The members of the Council shall be appointed for a term not to exceed four years.
4( 5) No person shall be a member of the Council for more than eight consecutive years.
4( 6) A person who has served eight consecutive years as a member of the Council is not eligible to be appointed for a further term until one year after the person has ceased to serve as a member of the Council.
6 Subsection 5(1) of the Act is amended by striking out “A member” and substituting “Despite subsection 4(5), a member”.
7 Subsection 6(2) of the Act is amended by striking out “of three years” and substituting “that does not exceed four years”.
8 Section 7 of the Act is amended by striking out “members of the Council” and substituting “other members of the Council”.
TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS
Transitional provision
9( 1) All appointments of persons as members of the Council, including the chair, made before the commencement of this Act are revoked.
9( 2) On the commencement of this Act, the Lieutenant-Governor in Council shall appoint the persons referred to in subsection (1) as follows:
(a) five members, including the chair, for a term of four years;
(b) seven members for a term of two years.
Regulation under the Mental Health Services Act
10 Paragraph 3(1)(h) of New Brunswick Regulation 97-127 under the Mental Health Services Act is repealed and the following is substituted:
(h) Premier’s Council on Disabilities;
Regulation under the Personal Health Information Privacy and Access Act
11 Paragraph 7(e) of New Brunswick Regulation 2010-112 under the Personal Health Information Privacy and Access Act is repealed and the following is substituted:
(e) Premier’s Council on Disabilities;