BILL 18
An Act to Amend the New Brunswick Museum Act
His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section 3 of the New Brunswick Museum Act, chapter 193 of the Revised Statutes, 2011, is amended
(a) in subsection (4) of the English version by striking out “his or her term” and substituting “the member’s term”;
(b) by repealing subsection (5) and substituting the following:
3( 5) A member of the Board is entitled to be reimbursed for accommodation, meal and travel expenses reasonably incurred in connection with their duties on the Board in accordance with the Treasury Board travel policy guidelines, as amended.
2 Section 7 of the Act is amended by adding after paragraph (a) the following:
(a.1) to enlarge, repair, renovate or alter the buildings used for the purposes of the Museum and which were vested in the Board on April 17, 1943, and to plan and supervise the enlargement, reparation, renovation or alteration of the buildings;
(a.2) to design, erect, enlarge, repair, renovate or alter a building to be used for the purposes of the Museum that is or will be, as the case may be, located on land acquired by the Board in accordance with subsection 12(2) and to plan and supervise the design, erection, enlargement, reparation, renovation or alteration of the building;
3 Subsection 8(1) of the Act is amended
(a) in paragraph (d) of the English version by striking out “and” at the end of the paragraph;
(b) by adding after paragraph (d) the following:
(d.1) land acquired by the Board in accordance with subsection 12(2) and any building located on the land and used for the purposes of the Museum; and
4 Section 9 of the Act is amended
(a) by repealing paragraph (d) and substituting the following:
(d) for regulating the use of the buildings vested in the Board on April 17, 1943, and any other building used for the purposes of the Museum and of their contents and for protecting the buildings and their fittings, furniture and contents from injury, destruction or misuse;
(b) in paragraph (e) by striking out “the building” and substituting “any of the buildings referred to in paragraph (d)”;
(c) in paragraph (f) by striking out “the building” and substituting “any of the buildings referred to in paragraph (d)”;
(d) in paragraph (g) by striking out “servants of the Board to exclude or remove from the building” and substituting “employees of the Board to exclude or remove from any of the buildings referred to in paragraph (d)”.
5 The Act is amended by adding after section 10 the following:
Non-application of the Crown Construction Contracts Act
10.1 The Crown Construction Contracts Act and the regulations under that Act do not apply to any agreement made by the Board for the following purposes:
(a) the enlargement, reparation, renovation or alteration of the buildings used for the purposes of the Museum and which were vested in the Board on April 17, 1943; and
(b) the planning, design, erection, enlargement, reparation, renovation or alteration of a building to be used for the purposes of the Museum that is or will be, as the case may be, located on land acquired by the Board in accordance with subsection 12(2).
Immunity
10.2 No action, application or other proceeding lies or shall be instituted against any of the following persons in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, under this Act by the person:
(a) any member or former member of the Board; and
(b) any officer or employee or former officer or employee of the Board.
Indemnity
10.3 The following persons shall be indemnified by the Crown in right of the Province against all costs, charges and expenses incurred by the person in relation to any action, application or other proceeding brought against the person in connection with the duties of the person and with respect to all other costs, charges and expenses that the person incurs in connection with those duties, except costs, charges and expenses that are occasioned by that person’s wilful neglect or wilful default:
(a) any member or former member of the Board; and
(b) any officer or employee or former officer or employee of the Board.
6 Subsection 13(1) of the Act is amended in the portion preceding paragraph (a) by striking out “a building” and substituting “the buildings vested in the Board on April 17, 1943, or any other building used for the purposes of the Museum”.
7 Subsection 18(2) of the English version of the Act is amended by striking out “his or her duties” and substituting “the President’s duties”.
Conditional amendments
8( 1) If section 36 of An Act to Amend the Procurement Act, chapter 38 of the Acts of New Brunswick, 2021, comes into force before this Bill receives Royal Assent, section 10.1, as enacted by section 5 of this Bill, is repealed.
8( 2) If section 36 of An Act to Amend the Procurement Act, chapter 38 of the Acts of New Brunswick, 2021, comes into force on or after the date this Bill receives Royal Assent, section 10.1 of the New Brunswick Museum Act is repealed.