BILL 33

An Act Respecting Security for the Legislative Assembly

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

Legislative Assembly Act

1 The Legislative Assembly Act, chapter 116 of the Revised Statutes, 2014, is amended by adding after section 41 the following: 

Sergeant-at-Arms

41.1( 1) In this section, “weapon” means a firearm as defined in the Criminal Code (Canada) and anything else that could be used to

acause death or serious bodily harm to a person, or

bthreaten or intimidate a person.

41.1( 2) In carrying out his or her duties under this Act, the Sergeant-at-Arms

amay have possession of and use a weapon, and

bhas and may exercise all the powers, authority, privileges, rights and immunities of a peace officer as defined in the Criminal Code (Canada).

Sheriffs Act

2( 1) Section 2 of the Sheriffs Act, chapter 131 of the Revised Statutes, 2014, is repealed and the following is substituted: 

Appointment of sheriffs

2( 1) The Lieutenant-Governor in Council may appoint a Chief Sheriff for the Province.

2( 2) The Chief Sheriff may appoint sheriffs for the Province.

2( 3) The Chief Sheriff may appoint deputy sheriffs for the Province.

2( 4) All persons appointed under this section are subject to

athe Civil Service Act, and

bsections 5 and 6 of the Financial Administration Act.

2( 2) The Act is amended by adding after section 8 the following: 

Security for the Legislative Precinct

8.1( 1) The following definitions apply in this section.

“Legislative Precinct” means the Parliament Square buildings and grounds at the City of Fredericton, and includes any other buildings or grounds that are used by members of the Legislative Assembly, other than the constituency offices of the members, in carrying out their parliamentary functions. (enceinte de l’Assemblée législative)

“weapon” means a firearm as defined in the Criminal Code (Canada) and anything else that could be used to (arme)

acause death or serious bodily harm to a person, or

bthreaten or intimidate a person.

8.1( 2) The Chief Sheriff, a sheriff or a deputy sheriff may provide security services in the Legislative Precinct.

8.1( 3) In carrying out his or her duties under this section, the Chief Sheriff, a sheriff or a deputy sheriff

amay have possession of and use of a weapon, and

bhas and may exercise all the powers, authority, privileges, rights and immunities of a peace officer as defined in the Criminal Code (Canada).

8.1( 4) For greater certainty, the Chief Sheriff, a sheriff or a deputy sheriff providing security services in the Legislative Precinct continues to be an employee as defined in the Civil Service Act, and all legislative provisions that apply to him or her generally in his or her employment, as well as all rights and privileges arising from collective agreements entered into under the Public Service Labour Relations Act, apply in his or her work in the Legislative Precinct.

TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS

Deemed appointments

3( 1) The person who held the office of Chief Sheriff immediately before the commencement of this section shall be deemed to be appointed as Chief Sheriff under subsection 2(1) of the Sheriffs Act on the commencement of this section.

3( 2) A person who held the office of sheriff immediately before the commencement of this section shall be deemed to be appointed as sheriff under subsection 2(2) of the Sheriffs Act on the commencement of this section.

3( 3) A person who held the office of deputy sheriff immediately before the commencement of this section shall be deemed to be appointed as deputy sheriff under subsection 2(3) of the Sheriffs Act on the commencement of this section.

References

4( 1) A reference to the Chief Sheriff appointed by the Lieutenant-Governor in Council under subsection 2(2) of the Sheriffs Act as it read immediately before the commencement of this section in an Act, other than this Act, or in a regulation, rule, order, by-law, agreement or other instrument or document shall be read as a reference to the Chief Sheriff appointed by the Lieutenant Governor in Council under subsection 2(1) of the Sheriffs Act unless the context otherwise requires.

4( 2) A reference to a sheriff appointed by the Lieutenant-Governor in Council under subsection 2(1) of the Sheriffs Act as it read immediately before the commencement of this section in an Act, other than this Act, or in a regulation, rule, order, by-law, agreement or other instrument or document shall be read as a reference to a sheriff appointed by the Chief Sheriff under subsection 2(2) of the Sheriffs Act unless the context otherwise requires.

4( 3) A reference to a deputy sheriff appointed by the Lieutenant-Governor in Council under subsection 2(3) of the Sheriffs Act as it read immediately before the commencement of this section in an Act, other than this Act, or in a regulation, rule, order, by-law, agreement or other instrument or document shall be read as a reference to a deputy sheriff appointed by the Chief Sheriff under subsection 2(3) of the Sheriffs Act unless the context otherwise requires.

Enforcement of Money Judgments Act

5 Section 1 of the Enforcement of Money Judgments Act, chapter 23 of the Acts of New Brunswick, 2013, is amended in the definition “Chief Sheriff” by striking out “subsection 2(2)” and substituting “section 2”.

Jury Act

6 Section 1 of the Jury Act, chapter 103 of the Revised Statutes, 2016, is amended in the definition “Chief Sheriff” by striking out “subsection 2(2)” and substituting “section 2”.