BILL 65
An Act Respecting the Family Income Security Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Family Income Security Act
1( 1) Section 1 of the English version of the Family Income Security Act, chapter 154 of the Revised Statutes, 2011, is amended in the definition “person in need” by striking out “himself or herself” and substituting “themselves”.
1( 2) Subsection 6(3) of the English version of the Act is amended in the portion preceding paragraph (a) by striking out “his or her discretion” and substituting “the discretion of the Minister”.
1( 3) Section 8.1 of the Act is amended
a by adding after subsection (2) the following:
8.1( 2.1) Despite the Right to Information and Protection of Privacy Act and for the purposes of this Act, the Minister may enter into agreements with Employment and Social Development Canada or Statistics Canada to collect, use or disclose personal information to establish eligibility for assistance or to conduct an evaluation of the assistance program.
bin subsection (3) by striking out “the name and date of birth” and substituting “the name, date of birth and social insurance number”.
1( 4) The heading “Application for support order by the Minister” preceding section 11 of the Act is repealed and the following is substituted:
Deemed payment
1( 5) Subsection 11(1) of the Act is repealed.
1( 6) The heading “Assignment to the Minister” preceding section 11.1 of the Act is repealed.
1( 7) Section 11.1 of the Act is repealed.
1( 8) Section 13.1 of the Act is amended
ain subsection (2) by striking out “any person” and substituting “any person, including a member of the Legislative Assembly,”;
bby adding after subsection (2) the following:
13.1( 2.1) The consent referred to in subsection (2) shall be given on a form provided by the Minister.
cin paragraph (3)(c) of the English version by striking out “assistance programs” and substituting “the assistance program”;
din subsection (4) of the English version
( i) in paragraph (a) by striking out “his or her” and substituting “the Minister’s”;
( ii) in paragraph (b) by striking out “his or her” and substituting “the agent’s”;
eby repealing subsection (5);
fby adding after subsection (6) the following:
13.1( 6.1) Except in the course of judicial proceedings, the Minister shall not permit the release, under this section, of the identity of a person who has given information without that person’s written consent.
1( 9) Section 14 of the Act is amended
ain subsection (1) of the French version by striking out “en vertu” and substituting “sous le régime”;
bin subsection (3) of the French version by striking out “en vertu” and substituting “sous le régime”;
cby adding after subsection (4) the following:
14( 4.1) A person who wilfully makes a false statement to the Minister with respect to a person in need commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
din subsection (5) of the French version by striking out “en vertu” and substituting “sous le régime”;
ein subsection (6) by striking out “with an undertaking given under subsection 13.1(5) or”.
1( 10) Section 17 of the Act is amended
aby repealing paragraph (m);
bin paragraph (o) by striking out “, including, with the necessary modifications, any matter or thing referred to in paragraph (m)”.
Regulation under the Family Income Security Act
2( 1) Section 2 of New Brunswick Regulation 95-61 under the Family Income Security Act is amended
ain subsection (1)
( i) by repealing the definition “unit head” and substituting the following:
“unit head” means the person who represents a unit. (chef d’unité)
( ii) in the definition “dependent”
( A) in paragraph (a) by adding “or” at the end of the paragraph;
( B) in paragraph (b) by striking out “, or” and substituting a period;
( C) by repealing paragraph (c);
( iii) in the definition “spouse” by repealing paragraph (b) and substituting the following:
bthe common-law partner of the unit head;
( iv) by adding the following definition in alphabetical order:
“common-law partner” means a person who cohabits in a conjugal relationship with another person if the persons are not married to each other; (conjoint de fait)
bin subsection (2) by repealing the definition “unit” and substituting the following:
“unit” means a person in need, or a group of persons in need who are living together, who has applied for or is receiving assistance. (unité)
2( 2) Subsection 3(5) of the Regulation is repealed and the following is substituted:
3( 5) Except as otherwise provided for in this Regulation, a unit shall make only one application for assistance.
2( 3) Section 4 of the English version of the Regulation is amended
ain paragraph (6)(b) by striking out “he or she is” and substituting “they are”;
bin paragraph (9.1)(a) by striking out “he or she is” and substituting “they are”.
2( 4) The Regulation is amended by adding before subsection 4.1(1) the following:
Parents excluded from unit
2( 5) Subsection 8(2) of the English version of the Regulation is amended
ain paragraph (j) by striking out “his or her” and substituting “the recipient’s”;
bin paragraph (m) by striking out “his or her” and substituting “the recipient’s”.
Family Law Act
3( 1) Section 11 of the Family Law Act, chapter 23 of the Acts of New Brunswick, 2020, is amended
ain subsection (3) by striking out “if assistance has been applied for or has been provided in respect of that person under the Family Income Security Act or”;
bin subsection (4)
( i) by repealing paragraph (b) and substituting the following:
bthat any payment has been made in respect of the first named person under the Family Services Act; or
( ii) in paragraph (c) by striking out “assistance or”.
3( 2) Section 17 of the Act is amended
ain subsection (3) by striking out “if assistance has been applied for or provided in respect of the dependant under the Family Income Security Act or”;
bin subsection (4)
( i) by repealing paragraph (b) and substituting the following:
bthat any payment has been made in respect of the first named person under the Family Services Act; or
( ii) in paragraph (c) by striking out “assistance or”.
3( 3) Paragraph 21(2)(j) of the Act is amended by striking out “reimbursement for assistance that has been provided under the Family Income Security Act, including an amount in reimbursement for assistance provided before the date of the order, or”.
3( 4) Paragraph 23(1)(c) of the Act is amended by striking out “, or section 29 or 30” and substituting “or section 29”.
3( 5) The heading “Assignment to the Minister of Social Development” preceding section 30 of the Act is repealed.
3( 6) Section 30 of the Act is repealed.
3( 7) Section 79 of the Act is amended
ain subsection (1) by striking out “the payment of an amount to the Minister of Social Development in respect of assistance provided under the Family Income Security Act or”;
bin subsection (2) by striking out “the Minister of Social Development is providing, or has provided, or has been requested to provide, assistance under the Family Income Security Act or”.
Support Enforcement Act
4( 1) Section 1 of the Support Enforcement Act, chapter S-15.5 of the Acts of New Brunswick, 2005, is amended by repealing the definition “beneficiary” and substituting the following:
“beneficiary” means a person in whose favour a support order has been made and who is a party to the support order. (bénéficiaire)
4( 2) Paragraph 5(2)(c) of the Act is amended by striking out “assistance or”.
4( 3) Paragraph 6(1)(b) of the Act is amended by striking out “assistance or”.
4( 4) Paragraph 7(4)(c) of the Act is amended by striking out “assistance or”.
4( 5) Section 9 of the Act is amended
ain paragraph (2.1)(b) of the English version by striking out “he or she” and substituting “the party”;
bin subsection (3) by striking out “assistance or”;
cin paragraph (7)(c) by striking out “assistance or”;
din subsection (8)
( i) by repealing paragraph (a);
( ii) in paragraph (b) by striking out “other”;
ein subsection (9) of the English version by striking out “he or she” and substituting “the Director”.
4( 6) Subsection 10(3) of the English version of the Act is amended by striking out “his or her” and substituting “the Director’s”.
4( 7) Section 10.2 of the English version of the Act is amended
ain subsection (4)
( i) in paragraph (a) by striking out “his or her” and substituting “the payer’s”;
( ii) in paragraph (b) by striking out “his or her” and substituting “the payer’s”;
bin subsection (10) by striking out “his or her” and substituting “their”.
4( 8) Paragraph 10.3(6)(a) of the English version of the Act is amended by striking out “his or her” and substituting “their”.
4( 9) Paragraph 10.4(a) of the English version of the Act is amended
ain subparagraph (i) by striking out “he or she has” and substituting “they have”;
bin subparagraph (ii) by striking out “his or her” and substituting “the Director’s”.
4( 10) Paragraph 28(4)(c) of the English version of the Act is amended by striking out “his or her” and substituting “the payer’s”.
4( 11) Section 29 of the English version of the Act is amended
ain subsection (1) in the definition “corporation” by striking out “his or her” and substituting “the payer’s”;
bin paragraph (4)(c) by striking out “his or her” and substituting “the payer’s”.
4( 12) Paragraph 30(5)(c) of the Act is amended by striking out “assistance or”.
4( 13) Subsection 33(9) of the English version of the Act is amended by striking out “him or her” and substituting “the payer”.
4( 14) Section 36 of the Act is amended
ain subsection (1) of the English version by striking out “his or her” and substituting “the payer’s”;
bin subparagraph (3)(b)(ii) by striking out “assistance or”.
4( 15) Section 37.1 of the English version of the Act is amended by striking out “his or her” and substituting “the Director’s”.
4( 16) Subsection 39(5) of the English version of the Act is amended by striking out “his or her” and substituting “the Director’s”.
4( 17) Subsection 40(2) of the English version of the Act is amended by striking out “his or her” and substituting “the Director’s”.
4( 18) Section 45 of the English version of the Act is amended by striking out “his or her” and substituting “the Director’s”.
Transitional provisions
5( 1) Despite subsection 3(3) of this Act, on the commencement of this subsection, if The Court of Queen’s Bench of New Brunswick orders a support order under paragraph 21(2)(j) of the Family Law Act, the Court may order the payment to the Minister of Social Development, or into court for the Minister of Social Development, of any amount in reimbursement for assistance that has been provided before the commencement of this subsection under the Family Income Security Act, including an amount in reimbursement for assistance provided before the date of the order.
5( 2) Despite paragraph 3(7)(a) of this Act, on the commencement of this subsection, if an agreement that is filed with The Court of Queen’s Bench of New Brunswick under subsection 79(1) of the Family Law Act contains a provision with respect to the payment of an amount to the Minister of Social Development in respect of assistance provided before the commencement of this subsection under the Family Income Security Act, on being filed, the agreement shall be deemed to be an order of the Court under this Act and has, for the purposes of enforcement, and subject to the provisions of this Act with respect to variation, the same effect as an order of the Court made under this Act.
5( 3) Despite any inconsistency with a provision of this Act, a support order assigned to the Minister of Social Development under section 11.1 of the Family Income Security Act that is valid and of full force and effect immediately before the commencement of this subsection continues to be valid and of full force and effect as if that section had not been repealed.