Bill 100 - An Act Respecting the Appointment Process

BILL 100

An Act Respecting the Appointment Process

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

Apprenticeship and Occupational Certification Act

1( 1) Section 4 of the Apprenticeship and Occupational Certification Act, chapter 19 of the Acts of New Brunswick, 2012, is amended

(a) by repealing subsection (2) and substituting the following:

4( 2) The Minister shall appoint to the Board

(a) a minimum of four and a maximum of five persons for the purpose of paragraph (1)(a),

(b) a minimum of four and a maximum of five persons for the purpose of paragraph (1)(b), and

(b) by adding after subsection (2) the following:

4( 2.1) The Minister shall designate one person for the purpose of paragraph (1)(d).

4( 3) The Minister shall appoint to the Board a chair who is a member appointed under paragraph (2)(a) or (b) or who is eligible to be appointed as a member under paragraph (2)(a) or (b).

(d) by repealing subsection (4).

1( 2) Section 6 of the Act is amended

(a) in subsection (3) by striking out “paragraph 4(4)(a)” and substituting “paragraph 4(2)(c)”;

(b) in subsection (6) by striking out “Lieutenant-Governor in Council” and substituting “Minister”.

1( 3) The heading “Lieutenant-Governor in Council may exercise the powers and perform the duties of the Board” preceding section 12 of the Act is repealed and the following is substituted:

Minister may exercise the powers and perform the duties of the Board

1( 4) Section 12 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “Lieutenant-Governor in Council may revoke the appointments of all the appointed members of the Board if, in the Lieutenant-Governor’s opinion,” and substituting “Minister may revoke the appointments of all the appointed members of the Board if, in the Minister’s opinion,”;

(b) in subsection (2) by striking out “Lieutenant-Governor in Council makes the revocations under subsection (1), the Lieutenant-Governor in Council” and substituting “Minister makes the revocations under subsection (1), the Minister”.

1( 5) Section 20 of the Act is amended

(a) in subsection (1)

( i) in paragraph (a) by striking out “Lieutenant-Governor in Council” and substituting “Minister”;

( ii) in paragraph (b) by striking out “Lieutenant-Governor in Council” and substituting “Minister”;

(b) in subsection (3) by striking out “Lieutenant-Governor in Council” and substituting “Minister”.

Beaverbrook Art Gallery Act

2 Section 6 of the Beaverbrook Art Gallery Act, chapter 119 of the Revised Statutes, 2011, is amended

(a) in subsection (2)

( i) in paragraph (b)

( A) in the portion preceding subparagraph (i) of the French version by striking out “trois” and substituting “deux”;

( B) in subparagraph (i) of the English version by adding “and” at the end of the subparagraph;

( C) in subparagraph (ii) of the English version by striking out “, and” at the end of the subparagraph and substituting a semicolon;

( D) by repealing subparagraph (iii);

( ii) by adding after paragraph (b) the following:

(c) the Minister of Tourism, Heritage and Culture shall appoint one Governor who is an employee of the Department of Tourism, Heritage and Culture.

(b) in subsection (5) by striking out “paragraph (2)(b)” and substituting “paragraph (2)(b) or (c)”;

6( 6.1) The Minister of Tourism, Heritage and Culture may remove a Governor appointed under paragraph (2)(c) from office for cause or for any other reason.

Boiler and Pressure Vessel Act

3( 1) Section 1 of the French version of the Boiler and Pressure Vessel Act, chapter 122 of the Revised Statutes, 2011, is amended in the definition « bureau des ingénieurs spécialisés en force motrice » by striking out “établi” and substituting “constitué”.

3( 2) Section 4 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

4( 1) The Minister shall establish a Board of Examiners for Power Engineers consisting of not more than five members appointed by the Minister, each of whom shall be holders of a valid First Class Power Engineer’s Licence issued under this Act.

(b) by repealing subsection (2) and substituting the following:

4( 2) The Minister shall designate a chair from among the members of the Power Engineers Board.

3( 3) Section 28 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “The Lieutenant-Governor in Council shall appoint” and substituting “The Minister shall establish”;

(b) by repealing subsection (2) and substituting the following:

28( 2) The Gas Board shall consist of not fewer than five members appointed by the Minister.

28( 2.1) The Minister shall designate a chair from among the members of the Gas Board.

Elections Act

4 Section 9 of the Elections Act, chapter E-3 of the Revised Statutes, 1973, is amended

(a) in subsection (1) by striking out “Lieutenant-Governor in Council” and substituting “Chief Electoral Officer”;

(b) in subsection (6) in the portion preceding paragraph (c) by striking out “Lieutenant-Governor in Council” and substituting “Chief Electoral Officer”.

Gaming Control Act

5 Subsection 28(1) of the Gaming Control Act, chapter G-1.5 of the Acts of New Brunswick, 2008, is amended by striking out “Lieutenant-Governor in Council” and substituting “Minister”.

Midwifery Act

6( 1) Section 5 of the Midwifery Act, chapter M-11.5 of the Acts of New Brunswick, 2008, is amended in the portion preceding paragraph (a) by striking out “Lieutenant-Governor in Council” and substituting “Minister”.

6( 2) Subsection 8(1) of the Act is amended by striking out “Lieutenant-Governor in Council” and substituting “Minister”.

Municipal Elections Act

7 Subsection 6(1) of the Municipal Elections Act, chapter M-21.01 of the Acts of New Brunswick, 1979, is amended by striking out “Lieutenant-Governor in Council, on the recommendation of the Municipal Electoral Officer,” and substituting “Municipal Electoral Officer”.

Occupational Health and Safety Act

8 Subsection 5(1) of the Occupational Health and Safety Act, chapter O-0.2 of the Acts of New Brunswick, 1983, is amended by striking out “Lieutenant-Governor in Council” and substituting “board of directors of the Commission”.

Pesticides Control Act

9 Subsection 4(1) of the Pesticides Control Act, chapter 203 of the Revised Statutes, 2011, is amended

(a) in the portion preceding paragraph (a) by striking out “to be appointed by the Lieutenant-Governor in Council and composed as follows” and substituting “composed of members appointed by the Minister as follows”;

(b) in paragraph (g) of the English version by striking out “Lieutenant-Governor in Council” and substituting “Minister”.

Provincial Offences Procedure Act

10 Subsection 16.1(1) of the Provincial Offences Procedure Act, chapter P-22.1 of the Acts of New Brunswick, 1987, is amended by striking out “Lieutenant-Governor in Council” and substituting “Minister of Justice and Public Safety”.

Regulations Act

11 Subsection 9(1) of the Regulations Act, chapter 218 of the Revised Statutes, 2011, is amended by striking out “Lieutenant-Governor in Council” and substituting “Minister”.

The Residential Tenancies Act

12 Section 26 of The Residential Tenancies Act, chapter R-10.2 of the Acts of New Brunswick, 1975, is amended

(a) in subsection (1) by striking out “Lieutenant-Governor in Council” and substituting “Minister of Service New Brunswick”;

(b) in subsection (1.1) by striking out “Lieutenant-Governor in Council” and substituting “Minister of Service New Brunswick”.

Scalers Act

13( 1) Section 1 of the Scalers Act, chapter 219 of the Revised Statutes, 2011, is amended in the definition of “Board” by striking out “appointed” and substituting “established”.

13( 2) The heading “Appointment of Board” preceding section 3 of the English version of the Act is repealed and the following is substituted:

Establishment of Board

13( 3) Section 3 of the Act is repealed and the following is substituted:

Establishment of Board

3( 1) The Minister may establish a Board of Examiners composed of four members appointed by the Minister as follows:

(a) two members who are employed within the Department;

(b) one member who is a representative of the New Brunswick Federation of Woodlot Owners Inc.; and

3( 2) The Minister shall designate from among the members appointed under paragraph (1)(a) a chair and a secretary.

Workers’ Compensation Act

14( 1) Section 1 of the Workers’ Compensation Act, chapter W-13 of the Revised Statutes, 1973, is amended by adding the following definition in alphabetical order:

“Minister” means the Minister of Post-Secondary Education, Training and Labour; (ministre)

14( 2) Subsection 50.1(2) of the Act is amended by striking out “Minister of Post-Secondary Education, Training and Labour” and substituting “Minister”.

14( 3) Subsection 83.1(1) of the Act is amended by striking out “Lieutenant-Governor in Council” and substituting “Minister”.

14( 4) Subsection 83.2(1) of the Act is amended by striking out “Lieutenant-Governor in Council” and substituting “Minister”.

TRANSITIONAL PROVISIONS

Transitional – Apprenticeship and Occupational Certification Act

15( 1) In this section, “Minister” means Minister as defined in the Apprenticeship and Occupational Certification Act, chapter 19 of the Acts of New Brunswick, 2012.

15( 2) A member of the Apprenticeship and Occupational Certification Board appointed by the Lieutenant-Governor in Council as such under paragraph 4(2)(a) of the Apprenticeship and Occupational Certification Act, chapter 19 of the Acts of New Brunswick, 2012, who held office immediately before the commencement of this section shall be deemed to have been appointed by the Minister under paragraph 4(2)(a) of that Act, as enacted by section 1 of this Amending Act.

15( 3) A member of the Apprenticeship and Occupational Certification Board appointed by the Lieutenant-Governor in Council as such under paragraph 4(2)(b) of the Apprenticeship and Occupational Certification Act, chapter 19 of the Acts of New Brunswick, 2012, who held office immediately before the commencement of this section shall be deemed to have been appointed by the Minister under paragraph 4(2)(b) of that Act, as enacted by section 1 of this Amending Act.

15( 4) A member of the Apprenticeship and Occupational Certification Board appointed by the Minister as such under paragraph 4(4)(a) of the Apprenticeship and Occupational Certification Act, chapter 19 of the Acts of New Brunswick, 2012, who held office immediately before the commencement of this section shall be deemed to have been appointed by the Minister under paragraph 4(2)(c) of that Act, as enacted by section 1 of this Amending Act.

15( 5) A member of the Apprenticeship and Occupational Certification Board designated by the Minister as such under paragraph 4(4)(b) of the Apprenticeship and Occupational Certification Act, chapter 19 of the Acts of New Brunswick, 2012, who held office immediately before the commencement of this section shall be deemed to have been designated by the Minister under subsection 4(2.1) of that Act, as enacted by section 1 of this Amending Act.

15( 6) The chair of the Apprenticeship and Occupational Certification Board appointed by the Lieutenant-Governor in Council as such under subsection 4(3) of the Apprenticeship and Occupational Certification Act, chapter 19 of the Acts of New Brunswick, 2012, who held office immediately before the commencement of this section shall be deemed to have been appointed by the Minister under subsection 4(3) of that Act, as enacted by section 1 of this Amending Act.

15( 7) A member of the Apprenticeship and Occupational Certification Board appointed by the Lieutenant-Governor in Council as such under subsection 6(8) of the Apprenticeship and Occupational Certification Act, chapter 19 of the Acts of New Brunswick, 2012, who held office immediately before the commencement of this section shall be deemed to have been appointed by the Minister under subsection 6(8) of that Act.

15( 8) This section and section 1 of this Amending Act have no effect on the term of office of a member of the Apprenticeship and Occupational Certification Board, including the chair.

15( 9) A member of the standing committee appointed by the Lieutenant-Governor in Council as such under paragraph 20(1)(a) of the Apprenticeship and Occupational Certification Act, chapter 19 of the Acts of New Brunswick, 2012, who held office immediately before the commencement of this section shall be deemed to have been appointed by the Minister under paragraph 20(1)(a) of that Act, as amended by section 1 of this Amending Act.

15( 10) The chair of the standing committee appointed by the Lieutenant-Governor in Council as such under paragraph 20(1)(b) of the Apprenticeship and Occupational Certification Act, chapter 19 of the Acts of New Brunswick, 2012, who held office immediately before the commencement of this section shall be deemed to have been appointed by the Minister under paragraph 20(1)(b) of that Act, as amended by section 1 of this Amending Act.

15( 11) This section and section 1 of this Amending Act have no effect on the term of office of a member of the standing committee, including the chair.

Transitional – Beaverbrook Art Gallery Act

16( 1) In this section, “Minister” means the Minister of Tourism, Heritage and Culture.

16( 2) A Governor of the Board of Governors of the Beaverbrook Art Gallery appointed as such by the Lieutenant-Governor in Council under subparagraph 6(2)(b)(iii) of the Beaverbrook Art Gallery Act, chapter 119 of the Revised Statutes, 2011, who held office immediately before the commencement of this section shall be deemed to have been appointed by the Minister under paragraph 6(2)(c) of that Act, as enacted by section 2 of this Amending Act.

16( 3) This section and section 2 of this Amending Act have no effect on the term of office of a Governor referred to in subsection (2).

Transitional – Boiler and Pressure Vessel Act

17( 1) In this section, “Minister” means Minister as defined in the Boiler and Pressure Vessel Act, chapter 122 of the Revised Statutes, 2011.

17( 2) The Board of Examiners for Power Engineers appointed by the Lieutenant-Governor in Council under section 4 of the Boiler and Pressure Vessel Act, chapter 122 of the Revised Statutes, 2011, that was in existence immediately before the commencement of this section shall be deemed to have been established by the Minister under section 4 of that Act, as amended by section 3 of this Amending Act.

17( 3) A member of the Board of Examiners for Power Engineers appointed by the Lieutenant-Governor in Council as such under section 4 of the Boiler and Pressure Vessel Act, chapter 122 of the Revised Statutes, 2011, who held office immediately before the commencement of this section shall be deemed to have been appointed by the Minister under section 4 of that Act, as amended by section 3 of this Amending Act.

17( 4) The chair of the Board of Examiners for Power Engineers designated by the Lieutenant-Governor in Council as such under section 4 of the Boiler and Pressure Vessel Act, chapter 122 of the Revised Statutes, 2011, who held office immediately before the commencement of this section shall be deemed to have been designated by the Minister under section 4 of that Act, as amended by section 3 of this Amending Act.

17( 5) This section and section 3 of this Amending Act have no effect on the term of office of a member of the Board of Examiners of Power Engineers, including the chair.

17( 6) The Board of Examiners for Compressed Gas appointed by the Lieutenant-Governor in Council under section 28 of the Boiler and Pressure Vessel Act, chapter 122 of the Revised Statutes, 2011, that was in existence immediately before the commencement of this section shall be deemed to have been established by the Minister under section 28 of that Act, as amended by section 3 of this Amending Act.

17( 7) A member of the Board of Examiners for Compressed Gas that was appointed by the Lieutenant-Governor in Council under section 28 of the Boiler and Pressure Vessel Act, chapter 122 of the Revised Statutes, 2011, who held office immediately before the commencement of this section shall be deemed to have been appointed by the Minister under section 28 of that Act, as amended by section 3 of this Amending Act.

17( 8) The chair of the Board of Examiners for Compressed Gas designated by the Lieutenant-Governor in Council as such under section 28 of the Boiler and Pressure Vessel Act, chapter 122 of the Revised Statutes, 2011, who held office immediately before the commencement of this section shall be deemed to have been designated by the Minister under section 28 of that Act, as amended by section 3 of this Amending Act.

17( 9) This section and section 3 of this Amending Act have no effect on the term of office of a member of the Board of Examiners for Compressed Gas, including the chair.

Transitional – Elections Act

18( 1) A returning officer appointed by the Lieutenant-Governor in Council as such under subsection 9(1) of the Elections Act, chapter E-3 of the Revised Statutes, 1973, who held office immediately before the commencement of this section shall be deemed to have been appointed by the Chief Electoral Officer under subsection 9(1) of that Act, as amended by section 4 of this Amending Act.

18( 2) This section and section 4 of this Amending Act have no effect on the term of office of a returning officer referred to in subsection (1).

Transitional – Gaming Control Act

19( 1) In this section, “Minister” means the Minister of Justice and Public Safety.

19( 2) The Registrar of Gaming Control appointed by the Lieutenant-Governor in Council as such under subsection 28(1) of the Gaming Control Act, chapter G-1.5 of the Acts of New Brunswick, 2008, who held office immediately before the commencement of this section shall be deemed to have been appointed by the Minister under subsection 28(1) of that Act, as amended by section 5 of this Amending Act.

Transitional – Midwifery Act

20( 1) In this section, “Minister” means Minister as defined in the Midwifery Act, chapter M-11.5 of the Acts of New Brunswick, 2008.

20( 2) A member of the Midwifery Council of New Brunswick appointed by the Lieutenant-Governor in Council as such under section 5 or subsection 8(1) of the Midwifery Act, chapter M-11.5 of the Acts of New Brunswick, 2008, who held office immediately before the commencement of this section shall be deemed to have been appointed by the Minister under section 5 or subsection 8(1) of that Act, as amended by section 6 of this Amending Act.

20( 3) This section and section 6 of this Amending Act have no effect on the term of office of a member referred to in subsection (2).

Transitional – Municipal Elections Act

21 A municipal returning officer appointed as such by the Lieutenant-Governor in Council under subsection 6(1) of the Municipal Elections Act, chapter M-21.01 of the Acts of New Brunswick, 1979, who held office immediately before the commencement of this section shall be deemed to have been appointed by the Municipal Electoral Officer under subsection 6(1) of that Act, as amended by section 7 of this Amending Act.

Transitional – Occupational Health and Safety Act

22( 1) In this section, “Commission” means Commission as defined in Occupational Health and Safety Act, chapter O-0.2 of the Acts of New Brunswick, 1983.

22( 2) An occupational health and safety officer appointed by the Lieutenant-Governor in Council as such under subsection 5(1) of the Occupational Health and Safety Act, chapter O-0.2 of the Acts of New Brunswick, 1983, who held office immediately before the commencement of this section shall be deemed to have been appointed by the board of directors of the Commission under subsection 5(1) of that Act, as amended by section 8 of this Amending Act.

Transitional – Pesticides Control Act

23( 1) In this section, “Minister” means Minister as defined in the Pesticides Control Act, chapter 203 of the Revised Statutes, 2011.

23( 2) A member of the Pesticides Advisory Board appointed by the Lieutenant-Governor in Council as such under subsection 4(1) of the Pesticides Control Act, chapter 203 of the Revised Statutes, 2011, who held office immediately before the commencement of this section shall be deemed to have been appointed by the Minister under subsection 4(1) of that Act, as amended by section 9 of this Amending Act.

Transitional – Provincial Offences Procedure Act

24( 1) In this section, “Minister” means the Minister of Justice and Public Safety.

24( 2) A ticket reviewer appointed by the Lieutenant-Governor in Council as such under subsection 16.1(1) of the Provincial Offences Procedures Act, chapter P-22.1 of the Acts of New Brunswick, 1987, who held office immediately before the commencement of this section shall be deemed to have been appointed by the Minister under subsection 16.1(1) of that Act, as amended by section 10 of this Amending Act.

Transitional – Regulations Act

25( 1) In this section, “Minister” means Minister as defined in the Regulations Act, chapter 218 of the Revised Statutes, 2011.

25( 2) The Registrar of Regulations appointed by the Lieutenant-Governor in Council as such under subsection 9(1) of the Regulations Act, chapter 218 of the Revised Statutes, 2011, who held office immediately before the commencement of this section shall be deemed to have been appointed by the Minister under subsection 9(1) of that Act, as amended by section 11 this Amending Act.

Transitional – The Residential Tenancies Act

26( 1) In this section, “Minister” means the Minister of Service New Brunswick.

26( 2) A residential tenancies officer appointed by the Lieutenant-Governor in Council as such under subsection 26(1) of The Residential Tenancies Act, chapter R-10.2 of the Acts of New Brunswick, 1975, who held office immediately before the commencement of this section shall be deemed to have been appointed by the Minister under subsection 26(1) of that Act, as amended by section 12 of this Amending Act.

26( 3) The Chief Residential Tenancies Officer designated by the Lieutenant-Governor in Council as such under subsection 26(1.1) of The Residential Tenancies Act, chapter R-10.2 of the Acts of New Brunswick, 1975, who held office immediately before the commencement of this section shall be deemed to have been designated by the Minister under subsection 26(1.1) of that Act, as amended by section 12 of this Amending Act.

26( 4) The Deputy Chief Residential Tenancies Officer designated by the Lieutenant-Governor in Council as such under subsection 26(1.1) of The Residential Tenancies Act, chapter R-10.2 of the Acts of New Brunswick, 1975, who held office immediately before the commencement of this section shall be deemed to have been designated by the Minister under subsection 26(1.1) of that Act, as amended by section 12 of this Amending Act.

Transitional – Scalers Act

27( 1) In this section, “Minister” means Minister as defined in the Scalers Act, chapter 219 of the Revised Statutes, 2011.

27( 2) The Board of Examiners appointed by the Lieutenant-Governor in Council under section 3 of the Scalers Act, chapter 219 of the Revised Statutes, 2011, that was in existence immediately before the commencement of this section shall be deemed to have been established by the Minister under subsection 3(1) of that Act, as enacted by section 13 of this Amending Act.

27( 3) A member of the Board of Examiners that was appointed by the Lieutenant-Governor in Council under section 3 of the Scalers Act, chapter 219 of the Revised Statutes, 2011, who held office immediately before the commencement of this section shall be deemed to have been appointed by the Minister under subsection 3(1) of that Act, as enacted by section 13 of this Amending Act.

27( 4) The chair of the Board of Examiners designated as such under section 3 of the Scalers Act, chapter 219 of the Revised Statutes, 2011, who held office immediately before the commencement of this section shall be deemed to have been designated by the Minister under subsection 3(2) of that Act, as enacted by section 13 of this Amending Act.

27( 5) The secretary of the Board of Examiners designated as such under section 3 of the Scalers Act, chapter 219 of the Revised Statutes, 2011, who held office immediately before the commencement of this section shall be deemed to have been designated by the Minister under subsection 3(2) of that Act, as enacted by section 13 of this Amending Act.

Transitional – Workers’ Compensation Act

28( 1) In this section, “Minister” means the Minister of Post-Secondary Education, Training and Labour.

28( 2) A Worker’s Advocate appointed by Lieutenant-Governor in Council as such under subsection 83.1(1) of the Workers’ Compensation Act, chapter W-13 of the Revised Statutes, 1973, who held office immediately before the commencement of this section shall be deemed to have been appointed by the Minister under subsection 83.1(1) of that Act, as amended by section 14 of this Amending Act.

28( 3) An Employer’s Advocate appointed by Lieutenant-Governor in Council as such under subsection 83.2(1) of the Workers’ Compensation Act, chapter W-13 of the Revised Statutes, 1973, who held office immediately before the commencement of this section shall be deemed to have been appointed by the Minister under subsection 83.2(1) of that Act, as amended by section 14 of this Amending Act.