Bill 53 - An Act Respecting the New Brunswick Housing Corporation

BILL 53

An Act Respecting the New Brunswick Housing Corporation

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

New Brunswick Housing Act

1( 1) Section 1 of the New Brunswick Housing Act, chapter N-6 of the Revised Statutes, 1973, is amended

(a) in subsection (1)

( i) in the English version by repealing the definition “President”;

( ii) in the French version by repealing the definition « corporation sans but lucratif »;

( iii) by repealing the definition “federal Act” and substituting the following:

“federal Act” means the National Housing Act (Canada); (loi fédérale)

( iv) by repealing the definition “federal corporation” and substituting the following:

“federal corporation” means the Canada Mortgage and Housing Corporation established under the Canada Mortgage and Housing Corporation Act (Canada); (société fédérale)

( v) by repealing the definition “Minister” and substituting the following:

“Minister” means the member of the Executive Council designated by the Lieutenant-Governor in Council to administer this Act and includes any person designated by the member to act on the member’s behalf; (Ministre)

( vi) in the English version by repealing the definition “non-profit corporation” and substituting the following:

“non-profit corporation” means a corporation in which no part of the corporation’s income is payable to or otherwise for the personal benefit of its proprietors, members or shareholders; (organisme sans but lucratif)

( vii) in the French version by repealing the definition « président » and substituting the following:

« président » s’entend du président du conseil d’administration de la Société; (Chair)

( viii) by adding the following definitions in alphabetical order:

“family of low income” means family of low income as defined in the federal Act; (famille à faible revenu)

“housing project” means housing project as defined in the federal Act; (ensemble d’habitation)

“personal information” means personal information as defined in the Right to Information and Protection of Privacy Act; (renseignements personnels)

“President and Chief Executive Officer” means the President and Chief Executive Officer of the Corporation. (président-directeur général)

( ix) in the French version by adding the following definition in alphabetical order:

« organisme sans but lucratif » s’entend d’une personne morale dont aucune fraction du revenu n’est versée à ses propriétaires, à ses membres ni à ses actionnaires, ni mise à leur disposition pour leur avantage personnel; (non-profit corporation)

( x) in the English version by adding the following definition in alphabetical order:

“Chair” means the Chair of the board of directors of the Corporation; (président)

(b) by repealing subsection (2).

1( 2) Subsection 2(1) of the Act is amended

(a) in paragraph (a) by striking out “or urban renewal”;

(b) by repealing paragraph (b);

(d) in paragraph d) of the French version by striking out “la mise à exécution de projets d’habitations” and substituting “l’exploitation d’ensembles d’habitation”;

(e) in paragraph e) of the French version

( i) in subparagraph (ii) by striking out “l’exécution de projets d’habitations” and substituting “la construction d’ensembles d’habitation”;

( ii) in subparagraph (iii) by striking out “pour des projets d’habitations de type foyer ou pension” and substituting “pour des ensembles d’habitation ou des facilités de logement de type foyer ou pension”.

1( 3) Section 2.2 of the Act is repealed and the following is substituted:

2.2 The Minister, the Minister of Social Development or the Minister of Health, as the case may be, may collect and use personal information that is disclosed by the Corporation under paragraph 10(1)(l).

1( 4) Section 4 of the Act is amended

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

4( 1) The board of directors of the Corporation shall consist of

(a) the Minister, who shall be Chair,

(b) the President and Chief Executive Officer, who shall be Vice-Chair, and

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

4( 2) The directors appointed under paragraph (1)(c) shall be appointed by the Lieutenant-Governor in Council.

1( 5) Section 5 of the Act is amended by striking out “President” and substituting “President and Chief Executive Officer”.

1( 6) Section 6 of the Act is amended

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

6( 1) The Chair, or in the event of the Chair’s absence or inability the Vice-Chair, may call meetings of the Corporation at the times and places and on the notice that the Chair or Vice-Chair, as the case may be, considers appropriate.

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

6( 2) A majority of the directors of the Corporation constitutes a quorum.

1( 7) Section 7 of the Act is amended

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

7( 1) The board of directors shall appoint a President and Chief Executive Officer, who is charged with the general direction, supervision and control of the business of the Corporation.

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

7( 2) Despite the Financial Administration Act, the employees of the Corporation, other than the President and Chief Executive Officer, shall be appointed in accordance with the staff requirements and mode of appointment established by the board of directors in the by-laws.

(c) in subsection (3) by striking out “President, vice-president” and substituting “President and Chief Executive Officer”;

(d) by repealing subsection (4) and substituting the following:

7( 4) Subject to any applicable collective agreement and despite the Financial Administration Act, the remuneration and other conditions of employment of the employees of the Corporation, other than the President and Chief Executive Officer, and their functions and duties shall be established by the board of directors in the by-laws.

1( 8) Section 9 of the Act is amended

(a) in paragraph e) of the French version by striking out “aux projets d’habitations” and substituting “à des ensembles d’habitation”;

(b) in paragraph (h) by striking out “and” at the end of the paragraph;

(h.1) to administer any legislation that it is responsible to administer, and

1( 9) Section 10 of the Act is amended

(a) in subsection (1)

( i) in paragraph g) of the French version by striking out “une corporation sans but lucratif” and substituting “un organisme sans but lucratif”;

( ii) in paragraph h) of the French version by striking out “une corporation sans but lucratif” and substituting “un organisme sans but lucratif”;

( iii) in paragraph (i) of the English version by striking out “his” and substituting “the person’s”;

( iv) in paragraph (k) by striking out “collect personal information as defined in the Right to Information and Protection of Privacy Act” and substituting “collect and use personal information”;

( v) in paragraph (l) by striking out “Minister” and substituting “Minister, the Minister of Social Development or the Minister of Health”;

(b) by adding after subsection (1) the following:

10( 1.1) The Corporation shall perform any duty imposed on it under any act or regulation.

( i) in paragraph (a) by striking out “or urban renewal schemes”;

( ii) in paragraph b) of the French version by striking out “des projets d’habitations et des projets d’habitations pour étudiants” and substituting “des ensembles d’habitation et des ensembles d’habitation destinés à des étudiants”;

( iii) by repealing paragraph (c);

( iv) by repealing paragraph (d);

( v) by repealing paragraph h) of the French version and substituting the following:

h) constituer un organisme sans but lucratif.

(d) by adding after section (2) the following:

10( 2.1) Despite paragraph (2)(a), the Corporation may, for housing purposes, acquire a public work transferred to the Corporation by the Minister of Transportation and Infrastructure under section 28 of the Public Works Act without the approval of the Lieutenant-Governor in Council.

(e) by repealing subsection (3).

1( 10) Paragraph 14(1)c) of the French version of the Act is amended by striking out “corporation” and substituting “personne morale”.

1( 11) Section 19 of the Act is amended

(a) in subsection (1) of the French version by striking out “corporation” and substituting “personne morale”;

(b) in subsection (1.3) of the French version by striking out “corporation” and substituting “personne morale”;

(c) in subsection (2) by striking out “President of the Corporation” and substituting “President and Chief Executive Officer”;

(d) in subsection (5.1) of the French version by striking out “corporation” and substituting “personne morale”.

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS AND COMMENCEMENT

Appointment of President and Chief Executive Officer

2 The person who held office as President immediately before the commencement of this section shall, on the commencement of this section, be deemed to be appointed as the President and Chief Executive Officer under section 7 of the New Brunswick Housing Act, as amended by section 1 of this Act.

Employees transferred to the New Brunswick Housing Corporation

3( 1) The following definitions apply in this section.

“affected employee” means an employee of the portion of the Public Service known as the Department of Social Development, the Department of Transportation and Infrastructure or Service New Brunswick who ceases to be employed with the department or Crown corporation, as the case may be, on March 31, 2023, and who is transferred to and becomes an employee of the New Brunswick Housing Corporation on April 1, 2023. (membre du personnel concerné)

“Public Service” means Public Service as defined in the Public Service Labour Relations Act. (services publics)

3( 2) The employment of an affected employee is not terminated by the transfer and the affected employee shall be deemed

(a) to have been transferred to the New Brunswick Housing Corporation without interruption in service, and

(b) not to have been dismissed, constructively dismissed or laid off.

3( 3) The transfer of affected employees shall be deemed not to constitute a breach, termination, repudiation or frustration of any contract of employment.

3( 4) The accumulated years of service of an affected employee with the Public Service before the transfer to the New Brunswick Housing Corporation shall be recognized by the New Brunswick Housing Corporation for the purpose of determining probationary periods and sick leave and vacation leave entitlements for the employee.

3( 5) Nothing in this Act, with respect to the employment of an affected employee with the New Brunswick Housing Corporation,

(a) prevents the employment from being lawfully terminated after the transfer, or

(b) prevents any term or condition of the employment from being lawfully changed after the transfer.

Transfer and vesting

4( 1) On the commencement of this section,

(a) the contracts, agreements or arrangements entered into by the Crown in right of the Province as represented by the Minister of Social Development for the purpose of maintaining public housing properties are transferred to and become vested in the New Brunswick Housing Corporation, and

(b) the claims, rights, liabilities, obligations and privileges of the Crown in right of the Province as represented by the Minister of Social Development with respect to the contracts, agreements or arrangements referred to in paragraph (a) are transferred to and become vested in the New Brunswick Housing Corporation.

4( 2) On the commencement of this section, in any document dealing with a contract, agreement or arrangement transferred to and vested in the New Brunswick Housing Corporation under paragraph (1)(a) or a claim, right, liability, obligation or privilege transferred to and vested in the New Brunswick Housing Corporation under paragraph (1)(b), it is sufficient to cite this Act as effecting that transfer to and vesting in the New Brunswick Housing Corporation.

Legal proceedings

5( 1) On the commencement of this section, with respect to the contracts, agreements or arrangements referred to in section 4,

(a) subject to paragraph (b), an existing cause of action or claim by or against the Crown in right of the Province as represented by the Minister of Social Development is unaffected,

(b) an action, application or other proceeding pending by or against the Crown in right of the Province as represented by the Minister of Social Development may be continued by or against the New Brunswick Housing Corporation, and

(c) a ruling, order or judgment in favour of or against the Crown in right of the Province as represented by the Minister of Social Development may be enforced by or against the New Brunswick Housing Corporation.

5( 2) On the commencement of this section, the New Brunswick Housing Corporation may bring or maintain in its name any action, application or other proceeding or exercise any power, right or remedy that the Crown in Right of the Province as represented by the Minister of Social Development was, could have been or could have become entitled to bring, maintain or exercise with respect to the contracts, agreements or arrangements referred to in section 4 on or before the commencement of this section.

Regulation under the Accountability and Continuous Improvement Act

6 New Brunswick Regulation 2022-80 under the Accountability and Continuous Improvement Act is amended

(a) in Schedule A by adding the following in alphabetical order:

New Brunswick Housing Corporation

(b) in Schedule B by striking out

New Brunswick Housing Corporation

Regulation under the Civil Service Act

7 Subsection 4(1) of New Brunswick Regulation 93-137 under the Civil Service Act is amended

(a) in paragraph (j.1) by striking out the period at the end of the paragraph and substituting a semicolon;

(b) by adding after paragraph (j.1) the following:

(j.2) New Brunswick Housing Corporation.

Public Works Act

8( 1) The Public Works Act, chapter 108 of the Revised Statutes, 2016, is amended in the heading “Transfer of public works to other ministers” preceding section 28 of the Act by striking out “other ministers” and substituting “other ministers or the New Brunswick Housing Corporation”.

8( 2) The Act is amended by repealing section 28 and substituting the following:

Transfer of public works to other ministers or the New Brunswick Housing Corporation

28 Despite section 25 of this Act and section 55 of the Financial Administration Act and any other Act, the Minister shall distribute lists of public works that are no longer required to other ministers of the Crown and to the New Brunswick Housing Corporation and may transfer a public work to another minister of the Crown or to the New Brunswick Housing Corporation by transfer at book value plus the cost of transportation and any other costs incidental to the transfer.

The Residential Tenancies Act

9( 1) Subsection 1(2) of The Residential Tenancies Act, chapter R-10.2 of the Acts of New Brunswick, 1975, is repealed and the following is substituted:

1( 2) The New Brunswick Housing Corporation is responsible for the administration of this Act.

9( 2) Subparagraph 25(1)(c)(iii) of the Act is amended by striking out “Residential Tenancies Tribunal” and substituting “Tenant and Landlord Relations Office”.

9( 3) Section 26 of the Act is amended

(a) in subsection (1) by striking out “Minister of Service New Brunswick” and substituting “President and Chief Executive Officer of the New Brunswick Housing Corporation”;

(b) in subsection (1.1) by striking out “Minister of Service New Brunswick” and substituting “President and Chief Executive Officer of the New Brunswick Housing Corporation”.

9( 4) Subsection 29.1(2) of the Act is repealed and the following is substituted:

29.1( 2) This Act does not apply where the tenancy relates to premises developed and financed under the National Housing Act (Canada) and administered by or for the Government of Canada, the Province of New Brunswick, the New Brunswick Housing Corporation or a local government, or any agency of any of them.

Commencement

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