BILL 27

An Act to Amend the Saint John Transit Commission Act

WHEREAS The City of Saint John prays that it be enacted as hereinafter set forth;

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

1 Section 1 of the Saint John Transit Commission Act, chapter 81 of the Acts of New Brunswick, 1979, is amended

ain the English version by repealing the definition “Chairman” and substituting the following:

“Chair” means the Chair of the Commission;

bby repealing the definition “general manager”.

2 Section 2 of the Act is amended

aby repealing subsection (5) and substituting the following:

2( 5) The Council shall appoint not more than seven members to the Commission, three of whom shall be members of the Council. The City Manager or the City Manager’s designate is, by virtue of his or her office, a non-voting member of the Commission. The Council shall appoint a Chair who shall not be a member of the Council.

bby repealing subsection (6) and substituting the following:

2( 6) The voting members of the Commission shall be appointed for periods of up to three years each.

cby repealing subsection (12) and substituting the following:

2( 12) The remuneration of the Chair and other voting members of the Commission shall be determined by the Council and the remuneration and expenses incurred shall be paid by the Commission.

din subsection (13) by striking out “Four” and substituting “Three”;

ein subsection (14) of the English version by striking out “Chairman” wherever it appears and substituting “Chair”;

fby repealing subsection (15) and substituting the following:

2( 15) The Commission shall hold regular meetings at least once every three months and special meetings at the call of the Chair or any three voting members or at the request of the Council.

3 The heading “GENERAL MANAGER” preceding section 4 of the Act is repealed.

4 Section 4 of the Act is repealed.

5 Section 5 of the Act is amended by repealing paragraph (c) and substituting the following:

( c)  the election of the Chair and the appointment of the secretary and other officers of the Commission and the conduct and duties of officers and employees;

6 Section 6 of the Act is amended by adding after subsection (4) the following:

6( 4.1) The Commission shall ensure that operations in each fiscal year comply with the approved operating budget as adjusted under subsections (3) and (4).

7 The Act is amended by adding after section 9 the following:

DIRECTIVES

10( 1) The Council may issue directives that must be followed by the Commission in carrying out its powers and duties under this Act.

10( 2) The Commission shall ensure that any directive issued to the Commission is implemented in a prompt and efficient manner.

10( 3) Compliance by the Commission with any directive shall be deemed to be compliance with any duties that may arise under this Act, including the duty to act in the best interests of the Commission.

PENSION PLAN INELIGIBILITY

11 Despite the provisions of the Pension Benefits Act or any regulations made under that Act, or any other Act or regulation, or any agreement, memorandum of understanding, contract, trust agreement, pension plan or other instrument, employees of the Commission are not employees of the City for any purpose and, for greater certainty, are not eligible to participate in The City of Saint John Shared Risk Plan.

WINDING UP

12( 1) Subject to the approval of the Lieutenant-Governor in Council, and despite the provisions of the Companies Act and the Winding-up Act, the Council may by resolution direct the winding-up and dissolution of the Commission.

12( 2) The City is the owner of the business of the Commission for all purposes, and on the winding-up and dissolution of the Commission, the assets of the Commission vest in and become the property of the City and the City is subject to all liabilities of the Commission.

TRANSITIONAL PROVISIONS
AND COMMENCEMENT

Transitional provisions

8 All appointments of members of the Saint John Transit Commission that are in effect immediately before the commencement of this Act are revoked.

9 The Common Council of The City of Saint John shall appoint not more than seven members to the Saint John Transit Commission in accordance with subsection 2(5) of the Saint John Transit Commission Act effective on the commencement of this Act.

Commencement

10 This Act comes into force on January 1, 2021.