BILL 41

An Act to Amend the Emergency Measures Act

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

1 Section 12 of the Emergency Measures Act, chapter 147 of the Revised Statutes, 2011, is amended by adding after paragraph (c) the following: 

c.1in the case of the Minister, to provide emergency childcare services;

2 The Act is amended by adding after section 12 the following: 

Powers of Minister on the recommendation of the Attorney General – limitation periods

12.1 On a state of emergency being declared in respect to the Province or an area of the Province, on the recommendation of the Attorney General, the Minister may, by order,

asuspend the operation of the provisions of any act, regulation, rule, municipal by-law or ministerial order that establish limitation periods for commencing any proceeding before a court, administrative tribunal or other decision-maker;

bsuspend the operation of the provisions of any act, regulation, rule, municipal by-law or ministerial order that establish time periods for taking steps in any proceeding before a court, administrative tribunal or other decision-maker; and

cprovide for the suspensions referred to in paragraphs (a) and (b) to begin on the date of the declaration of the state of emergency and to end no later than 90 days after the date the state of emergency ends, unless otherwise ordered by the court, administrative tribunal or other decision-maker responsible for the proceeding.

Powers of the Lieutenant-Governor in Council – deadlines or time periods

12.2( 1) Subject to subsection (2), on a state of emergency being declared in respect to the Province or an area of the Province, on the recommendation of the Minister and the Attorney General, the Lieutenant-Governor in Council may, by Order in Council, extend a deadline or time period prescribed in an act, regulation, rule or ministerial order to a date no later than, or for a period ending no later than, 90 days after the date the state of emergency ends. 

12.2( 2) Subsection (1) does not apply to

athe limitation periods and time periods referred to in section 12.1;

bthe following acts and the regulations made under them: 

( i) the Auditor General Act;

( ii) the Child, Youth and Senior Advocate Act;

( iii) the Consumer Advocate for Insurance Act;

( iv) the Elections Act;

( v) the Electoral Boundaries and Representation Act;

( vi) the Integrity Commissioner Act;

( vii) the Legislative Assembly Act;

( viii) the Legislative Library Act;

( ix) the Members’ Conflict of Interest Act;

( x) the Municipal Elections Act;

( xi) the Ombud Act;

( xii) the Political Process Financing Act;

( xiii) the Referendum Act;

( xiv) the Transparency in Election Commitments Act; and

cthe Standing Rules of the Legislative Assembly.

Publication of Minister’s orders

12.3 Section 11 applies with the necessary modifications to an order made under section 12.1.

Commencement

3 This Act shall be deemed to have come into force on March 19, 2020.