BILL 40

An Act to Amend the Opportunities New Brunswick Act

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

1 Section 8 of the Opportunities New Brunswick Act, chapter 2 of the Acts of New Brunswick, 2015, is amended

aby repealing subsection (3) and substituting the following:

8( 3) A member of the Board referred to in paragraph (1)(c) shall be appointed by the Lieutenant-Governor in Council if the member

ais not employed in the Public Service as defined in the Public Service Labour Relations Act,

bmeets the criteria, if any, that the Board has established in its by-laws, and

cis among those persons nominated by the Board in accordance with subsection (6).

bby adding after subsection (4) the following: 

8( 5) Before making nominations under this section, the Board shall advise the Lieutenant-Governor in Council of

athe skills and qualifications required of the Board as a whole in order for the Board to carry out its functions, and

bthe skills and qualifications required of nominees for the Board position or positions to be filled.

8( 6) In making nominations under this section, the Board shall

ause a merit-based and objective approach,

bensure that the Board as a whole has the necessary skills and qualifications to carry out its functions, and

cprovide to the Lieutenant-Governor in Council a description of the recruitment, assessment and selection processes used and the results of those processes.

2 Subsection 9(1) of the Act is amended by striking out “be reappointed” and substituting “be reappointed, but paragraph 8(3)(c) does not apply to a member of the Board who is reappointed before or immediately after the expiry of the member’s previous term”.

3 Subsection 12(1) of the Act is repealed and the following is substituted: 

12( 1) A majority of the members of the Board constitutes a quorum.