BILL 37

An Act Respecting the Official Languages Act

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

Official Languages Act

1( 1) The Official Languages Act, chapter O-0.5 of the Acts of New Brunswick, 2002, is amended by adding after section 5 the following:

SECRETARIAT OF OFFICIAL LANGUAGES

Secretariat of Official Languages

5.01 There is established a secretariat within the Department of Intergovernmental Affairs called the Secretariat of Official Languages that shall

(a)  assist in developing and review, monitor and evaluate the implementation plan referred to in section 5.1,

(b)  prepare the report referred to in subsection 5.1(5),

(c)  evaluate this Act on a continuous basis and make recommendations for amendments,

(d)  advise institutions on measures to be taken to comply with this Act and meet the needs of the two linguistic communities,

(e)  provide support to employees of institutions and the public service to ensure compliance with language policies of the Province,

(f)  undertake public outreach initiatives, including regular consultation with stakeholders from both linguistic communities, to promote respect, understanding and communication between the two linguistic communities, and

(g)  perform any other duties assigned to it by the Premier.

1( 2) The heading “Review of Act” following section 41.1 of the Act is repealed.

1( 3) The heading “Review of Act” preceding section 42 of the Act is repealed.

1( 4) Section 42 of the Act is repealed.

1( 5) Subsection 43(21) of the Act is repealed and the following is substituted:

43( 21) As soon as is reasonably practicable after the end of each year, the Commissioner shall submit to the Legislative Assembly a report, prepared by the Commissioner, with respect to the activities of the Office of the Commissioner in the preceding year containing information relating to the nature, origin and types of complaints received.

1( 6) The Act is amended by adding after section 43 the following:

Delegation of authority

43.01( 1) The Commissioner may delegate in writing to any person any power of the Commissioner under this Act, except the power of delegation and the power to prepare a report under this Act.

43.01( 2) Despite subsection (1), if the Commissioner is in a conflict of interest with respect to a matter referred to the Commissioner, the Commissioner may delegate in writing to any person any power with respect to that matter, including the power to prepare a report but excluding the power of delegation.

43.01( 3) A person purporting to exercise the power of the Commissioner by virtue of a delegation under subsection (1) or (2) shall produce evidence of their authority to exercise that power when required to do so.

1( 7) Paragraph 45(e) of the Act is repealed.

Regulation under the Official Languages Act

2 New Brunswick Regulation 2021-26 under the Official Languages Act is repealed.

Commencement

3 This Act comes into force or shall be deemed to have come into force on April 1, 2023.