Bill 107 - An Act to Amend the Executive Council Act

BILL 107

An Act to Amend the Executive Council Act

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

Executive Council Act

1 Section 2 of the Executive Council Act, chapter 152 of the Revised Statutes, 2011, is repealed and the following is substituted:

2 Under the Great Seal of the Province, the Lieutenant-Governor in Council may appoint from among the members of the Executive Council the following Ministers who shall hold office during pleasure: a President of the Executive Council, a Minister of Aboriginal Affairs, a Minister of Agriculture, Aquaculture and Fisheries, a Minister of Education and Early Childhood Development, a Minister of Environment and Climate Change, a Minister of Finance and Treasury Board, a Minister of Health, a Minister of Justice who shall also be Attorney General, a Minister of Local Government and Local Governance Reform, a Minister of Natural Resources and Energy Development, a Minister of Post-Secondary Education, Training and Labour, a Minister of Public Safety, a Minister of Service New Brunswick, a Minister of Social Development, a Minister of Tourism, Heritage and Culture, and a Minister of Transportation and Infrastructure.

TRANSITIONAL PROVISIONS

References to Minister

2 When in an Act other than this Act or in any regulation, rule, order, by-law, agreement or other instrument or document, reference is made to the Minister of Justice and Public Safety, it shall be read, unless the context otherwise requires, as a reference to

(a) the Minister of Justice, or

(b) the Minister of Public Safety,

as the case may be.

Confirmation and ratification

3( 1) Any act or thing done from February 24, 2022, to the date of the enactment of this section, both dates inclusive, by the Minister of Justice or the Minister of Public Safety, in the exercise or performance or intended exercise or performance of any right, power, duty, function, responsibility or authority transferred to, vested in or imposed on those Ministers with respect to any Act or any particular matter or thing under the administration, supervision or control of those Ministers,

(a) shall be deemed to have been done by persons validly appointed to exercise or perform the right, power, duty, function, responsibility or authority transferred to, vested in or imposed on those Ministers,

(b) shall be deemed to constitute a valid exercise or performance of the right, power, duty, function, responsibility or authority transferred to, vested in or imposed on those Ministers, and

3( 2) Nothing in paragraphs (1)(a) and (b) shall be taken as providing any indication that any right, power, duty, function, responsibility or authority transferred to, vested in or imposed on the Ministers referred to in subsection (1) was not validly exercised or performed.

Immunity

4 No action, application or any other proceeding to question or in which is questioned the validity of the appointment of the Ministers referred to in subsection 3(1) or the authority of those Ministers to act in that capacity lies or shall be instituted against

(a) the Crown in right of the Province,

(b) the Ministers referred to in subsection 3(1), with respect to any act or thing done from February 24, 2022, to the date of the enactment of this section, both dates inclusive, by those Ministers in the exercise or performance or intended exercise or performance of any right, power, duty, function, responsibility or authority transferred to, vested in or imposed on those Ministers with respect to any Act, or any particular matter or thing under the administration, supervision or control of those Ministers,

(c) any other person appointed, assigned, designated or requested to assist the Ministers referred to in subsection 3(1) regarding the administration, supervision or enforcement of any Act with respect to which any right, power, duty, function, responsibility or authority is transferred to, vested in or imposed on those Ministers, regarding a particular matter or thing under the administration, supervision or control of those Ministers, with respect to any act or thing done, within the meaning of this paragraph, by the other person,

if those Ministers or other persons acted in good faith in doing the act or thing.

CONSEQUENTIAL AMENDMENTS

Boiler and Pressure Vessel Act

5 Section 1 of the Boiler and Pressure Vessel Act, chapter 122 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Building Code Administration Act

6 Section 1 of the Building Code Administration Act, chapter 8 of the Acts of New Brunswick, 2020, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Regulation under the Community Planning Act, Clean Water Act and Public Health Act

7 Paragraph 2(2)(a) of New Brunswick Regulation 2020-20 under the Community Planning Act, the Clean Water Act and the Public Health Act is amended by striking out “Minister of Justice and Public Safety” wherever it appears and substituting “Minister of Public Safety”.

Coroners Act

8 Section 1 of the Coroners Act, chapter C-23 of the Revised Statutes, 1973, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Corrections Act

9 Section 1 of the Corrections Act, chapter 132 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Cross-Border Policing Act

10 Section 1 of the Cross-Border Policing Act, chapter 100 of the Revised Statutes, 2016, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Custody and Detention of Young Persons Act

11 Section 1 of the Custody and Detention of Young Persons Act, chapter 137 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Regulation under the Custody and Detention of Young Persons Act

12 New Brunswick Regulation 92-71 under the Custody and Detention of Young Persons Act is amended

(a) in section 3 by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”;

(b) in subsection 8(1) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”;

(d) in subsection 26(1) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”;

(e) in section 27 by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”;

(f) in section 32 by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Regulation under the Education Act

13 New Brunswick Regulation 2001-51 under the Education Act is amended

(a) in section 9

( i) in paragraph (1)(b) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”;

( ii) in subsection (2)

( A) in paragraph (b) in the portion preceding subparagraph (i) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”;

( B) in subparagraph (c)(ii) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”;

(b) in section 10

( i) in paragraph (1)(e) in the portion preceding subparagraph (i) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”;

( ii) in paragraph (4)(a) in the portion preceding subparagraph (i) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Electrical Installation and Inspection Act

14 Section 1 of the Electrical Installation and Inspection Act, chapter 144 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Elevators and Lifts Act

15 Section 1 of the Elevators and Lifts Act, chapter E-6 of the Revised Statutes, 1973, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Emergency 911 Act

16 Section 1 of the Emergency 911 Act, chapter 146 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Emergency Measures Act

17 Section 1 of the Emergency Measures Act, chapter 147 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Employment Standards Act

18 Paragraph 44.028(1)(a) of the Employment Standards Act, chapter E-7.2 of the Acts of New Brunswick, 1982, is amended by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Evidence Act

19( 1) Subsection 25(1) of the Evidence Act, chapter E-11 of the Revised Statutes, 1973, is amended

(a) in paragraph (b) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”;

(b) in paragraph (c) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”.

19( 2) Section 26 of the Act is amended

(a) in subsection (2) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”;

(b) in subsection (4.1) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”.

Family Law Act

20 Section 1 of the Family Law Act, chapter 23 of the Acts of New Brunswick, 2020, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”.

Film and Video Act

21 Section 1 of the Film and Video Act, chapter 159 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Regulation under the Financial Administration Act

22 Section 2 of New Brunswick Regulation 95-74 under the Financial Administration Act is amended by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Fire Prevention Act

23 Section 1 of the Fire Prevention Act, chapter F-13 of the Revised Statutes, 1973, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Fish and Wildlife Act

24 Subsection 1(1) of the Fish and Wildlife Act, chapter F-14.1 of the Acts of New Brunswick, 1980, is amended in paragraph (h) of the definition “resident” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Regulation under the Fish and Wildlife Act

25 Paragraph 4(2)(a) of New Brunswick Regulation 2015-4 under the Fish and Wildlife Act is amended by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Gaming Control Act

26( 1) Section 1 of the Gaming Control Act, chapter G-1.5 of the Acts of New Brunswick, 2008, is amended in paragraph (b) of the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

26( 2) Subsection 77(1) of the Act is amended by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Gunshot and Stab Wound Mandatory Reporting Act

27 Section 6 of the Gunshot and Stab Wound Mandatory Reporting Act, chapter 26 of the Acts of New Brunswick, 2020, is amended by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Industrial Relations Act

28 Subsection 1(8.1) of the Industrial Relations Act, chapter I-4 of the Revised Statutes, 1973, is amended by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Intimate Partner Violence Intervention Act

29 Section 1 of the Intimate Partner Violence Intervention Act, chapter 5 of the Acts of New Brunswick, 2017, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”.

Judicature Act

30( 1) Section 12.01 of the Judicature Act, chapter J-2 of the Revised Statutes, 1973, is amended

(a) in subsection (3) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”;

(b) in subsection (4) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”;

30( 2) Subsection 56.1(1) of the Act is amended by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”.

30( 3) Subsection 56.5(1) of the Act is amended by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”.

30( 4) Section 69 of the Act is amended

(a) in subsection (1) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”;

(b) in subsection (2) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”.

Legal Aid Act

31 Section 1 of the Legal Aid Act, chapter 26 of the Acts of New Brunswick, 2014, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”.

Liquor Control Act

32 Section 1 of the Liquor Control Act, chapter L-10 of the Revised Statutes, 1973, is amended in the definition “Minister”

(a) in paragraph (a) by striking out “Minister of Justice and Public Safety” wherever it appears and substituting “Minister of Public Safety”;

(b) in paragraph (b) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Management of Seized and Forfeited Property Act

33 Subsection 8(2) of the Management of Seized and Forfeited Property Act, chapter 106 of the Revised Statutes, 2012, is repealed and the following is substituted:

8( 2) The Proceeds of Crime Strategic Management Committee consists of officials from the Department of Justice and Public Safety appointed by the Minister of Public Safety and the Minister of Justice and Attorney General, respectively.

Motor Vehicle Act

34 Section 1 of the Motor Vehicle Act, M-17 of the Revised Statutes, 1973, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Regulations under the Motor Vehicle Act

35( 1) New Brunswick Regulation 83-42 under the Motor Vehicle Act is amended

(a) in subsection 37(4) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”;

(b) in Form 2

( i) in the portion following “BETWEEN:” by striking out “THE MINISTER OF JUSTICE AND PUBLIC SAFETY” and substituting “THE MINISTER OF PUBLIC SAFETY”;

( ii) in the portion preceding section 1 by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”;

( iii) in the signature line by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

35( 2) New Brunswick Regulation 83-68 under the Motor Vehicle Act is amended in the Form named “NOTICE OF DEFAULT” in the portion preceding “Unsatisfied Judgment Fund” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Municipal Elections Act

36 Subsection 47.01(4) of the Municipal Elections Act, chapter M-21.01 of the Acts of New Brunswick, 1979, is amended by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Off-Road Vehicle Act

37 Section 1 of the Off-Road Vehicle Act, chapter O-1.5 of the Acts of New Brunswick, 1985, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Pipeline Act, 2005

38 Subsection 6(1) of the Pipeline Act, 2005, chapter P-8.5 of the Acts of New Brunswick, 2005, is amended by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Plumbing Installation and Inspection Act

39 Section 1 of the Plumbing Installation and Inspection Act, chapter 126 of the Revised Statutes, 2014, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Police Act

40 Section 1 of the Police Act, chapter P-9.2 of the Acts of New Brunswick, 1977, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Private Investigators and Security Services Act

41 Section 1 of the Private Investigators and Security Services Act, chapter 209 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Probate Court Act

42( 1) Subsection 11(1) of the Probate Court Act, chapter P-17.1 of the Acts of New Brunswick, 1982, is amended by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”.

42( 2) Subsection 12(2) of the Act is amended by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”.

Provincial Court Act

43 Subsection 1(1) of the Provincial Court Act, chapter P-21 of the Revised Statutes, 1973, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”.

Provincial Offences Procedure Act

44( 1) Subsection 16.1(3) of the Provincial Offences Procedure Act, chapter P-22.1 of the Acts of New Brunswick, 1987, is amended by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”.

44( 2) Section 16.6 of the Act is amended

(a) in subsection (3) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”;

(b) in subsection (4) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”;

44( 3) Section 85 of the Act is amended

(a) in subsection (0.1) in the definition “designated person” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”;

(b) in subsection (3) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”;

(c) in subsection (4) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”;

(d) in subsection (6) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Regulation under the Provincial Offences Procedure Act

45 Section 7 of New Brunswick Regulation 91-50 under the Provincial Offences Procedure Act is amended by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”.

Public Trustee Act

46 Section 1 of the Public Trustee Act, chapter P-26.5 of the Acts of New Brunswick, 2005, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”.

Recording of Evidence Act

47 Section 1 of the Recording of Evidence Act, chapter R-4.5 of the Acts of New Brunswick, 2009, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”.

Safer Communities and Neighbourhoods Act

48 Subsection 1(1) of the Safer Communities and Neighbourhoods Act, chapter S-0.5 of the Acts of New Brunswick, 2009, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Salvage Dealers Licensing Act

49 Section 1 of the Salvage Dealers Licensing Act, chapter 111 of the Revised Statutes, 2016, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Sheriffs Act

50 Section 1 of the Sheriffs Act, chapter 131 of the Revised Statutes, 2014, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Small Claims Act

51 Section 1 of the Small Claims Act, chapter 15 of the Acts of New Brunswick, 2012, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”.

Support Enforcement Act

52 Section 1 of the Support Enforcement Act, chapter S-15.5 of the Acts of New Brunswick, 2005, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”.

Regulation under the Support Enforcement Act

53 Paragraph 16(1)(k) of New Brunswick Regulation 2008-15 under the Support Enforcement Act is amended by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”.

Transportation of Dangerous Goods Act

54 Section 1 of the Transportation of Dangerous Goods Act, chapter 232 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

Victims Services Act

55 Section 1 of the Victims Services Act, chapter 113 of the Revised Statutes, 2016, is amended in the definition “Minister” by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”.

CONDITIONAL AMENDMENTS AND COMMENCEMENT

Conditional amendments

56( 1) If this Bill receives Royal Assent before Bill 100, introduced in the first session of the 60th Legislature and entitled An Act Respecting the Appointment Process, Bill 100 is amended

(a) in section 10 by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”;

(b) in subsection 19(1) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”;

56( 2) If this Bill and Bill 100, introduced in the first session of the 60th Legislature and entitled An Act Respecting the Appointment Process, receive Royal Assent on the same date, this Bill is deemed to have received Royal Assent before Bill 100.

56( 3) If this Bill receives Royal Assent after Bill 100, introduced in the first session of the 60th Legislature and entitled An Act Respecting the Appointment Process,

(a) the Provincial Offences Procedure Act is amended in subsection 16.1(1) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”;

(b) An Act Respecting the Appointment Process is amended

( i) in subsection 19(1) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Public Safety”;

( ii) in subsection 24(1) by striking out “Minister of Justice and Public Safety” and substituting “Minister of Justice”.

Commencement

57 This Act shall be deemed to have come into force on February 24, 2022.