BILL 31

Official Notices Publication 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.

“Minister” means the member of the Executive Council designated by the Lieutenant-Governor in Council to administer this Act and includes any person designated by the member to act on the member’s behalf. (ministre)

“publish” means to make public by or through any media. (publier)

Publication of The Royal Gazette

2 The Minister shall publish The Royal Gazette.

Sale of The Royal Gazette

3 The Minister may sell printed copies of The Royal Gazette.

Publication in The Royal Gazette

4( 1) Publication of proclamations, of official notices and of all information ordered by the Lieutenant-Governor in Council to be published shall be made in The Royal Gazette.

4( 2) If the government of the Province, a department or agency of the government of the Province, a sheriff, a local government or other local authority, an officer or a person is required by statute or law to publish an advertisement or document or to publish or give a notice, it shall be published or given in The Royal Gazette unless some other mode of publishing or of giving it is directed by law.

Administration

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

Regulations

6 The Lieutenant-Governor in Council may make regulations

aprescribing fees to be paid for the purchase of printed copies of The Royal Gazette;

bprescribing fees to be paid for the publication in The Royal Gazette of

( i) proclamations,

( ii) official and other notices,

( iii) advertisements,

( iv) documents, and

( v) information ordered by the Lieutenant-Governor in Council to be published.

CONSEQUENTIAL AMENDMENTS
AND COMMENCEMENT

Regulation under the Companies Act

7 Section 6 of New Brunswick Regulation 84-203 under the Companies Act is amended by striking out “the fee prescribed by the Queen’s Printer” and substituting “the fee prescribed by regulation under the Official Notices Publication Act”.

Highway Act

8 Subsection 37(6) of the Highway Act, chapter H-5 of the Revised Statutes, 1973, is amended by striking out “and, upon the regulations under this Act being published in The Royal Gazette, the device shall be deemed to be an approved weighing device”.

Motor Vehicle Act

9 Subsection 260(5) of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended by striking out “, and upon such regulations being published in The Royal Gazette such device shall be deemed to be an approved massing device”.

Queen’s Printer Act

10( 1) Section 1 of the Queen’s Printer Act, chapter 214 of the Revised Statutes, 2011, is repealed and the following is substituted: 

Definition of “publish”

1 The following definition applies in this Act.

“publish” means to make public by or through any media.

10( 2) Subsection 3(2) of the Act is amended by striking out “the Acts of New Brunswick, the regulations of New Brunswick and The Royal Gazette” and substituting “the Acts of New Brunswick and the regulations of New Brunswick”.

10( 3) Section 5 of the Act is amended by striking out “Copies of Acts, regulations and The Royal Gazette” and substituting “Copies of Acts and regulations”.

10( 4) The heading “Publication in The Royal Gazette” preceding section 7 of the Act is repealed.

10( 5) Section 7 of the Act is repealed.

10( 6) Subsection 8(2) of the Act is amended by striking out “copies of Acts, regulations or The Royal Gazette” and substituting “copies of Acts and regulations”.

10( 7) Section 10 of the Act is amended

ain paragraph (a) by striking out “charges to be paid for the purchase of copies of Acts, regulations and The Royal Gazette and for the purchase of related materials” and substituting “fees to be paid for the purchase of copies of Acts and regulations”;

bby repealing paragraph (b).

Regulation under the Queen’s Printer Act

11( 1) The heading “Charges payable for purchase of items” preceding section 2 of New Brunswick Regulation 2005-30 under the Queen’s Printer Act is repealed and the following is substituted: 

Fees payable for purchase of items

11( 2) Section 2 of the Regulation is amended by striking out “charges” and substituting “fees”.

11( 3) The heading “Charges payable for publication in The Royal Gazette” preceding section 3 of the Regulation is repealed.

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

11( 5) Schedule A of the Regulation is amended

aby striking out “CHARGES FOR PURCHASE” and substituting “FEES FOR PURCHASE”;

bin the French version by striking out “Copie imprimée” wherever it appears and substituting “Exemplaire imprimé”;

cby striking out “Charge” wherever it appears and substituting “Fee”.

11( 6) Schedule B of the Regulation is repealed.

Regulations Act

12( 1) Section 1 of the Regulations Act, chapter 218 of the Revised Statutes, 2011, is amended by repealing the definition “publish”.

12( 2) Section 4 of the Act is repealed and the following is substituted:

Publication of regulation

4 As soon as the circumstances permit after the filing of a regulation, the Queen’s Printer shall publish the regulation in accordance with subsection 3(2) of the Queen’s Printer Act.

12( 3) The heading “Publication by the Queen’s Printer” preceding section 6 of the Act is repealed.

12( 4) Section 6 of the Act is repealed.

12( 5) Subsection 9(2) of the Act is amended by striking out “and for the publication of regulations in accordance with this Act”.

Commencement

13 This Act comes into force on September 1, 2019.