Bill 13 - An Act to Amend the Executive Council Act

BILL 13

An Act to Amend the Executive Council Act

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

PART 1

AMENDMENTS DEALING WITH THE
MINISTER OF LOCAL GOVERNMENT

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1 Section 2 of the Executive Council Act, chapter 152 of the Revised Statutes, 2011, is repealed and the following is substituted: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, 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 Local Government and Local Governance Reform, it shall be read, unless the context otherwise requires, as a reference to the Minister of Local Government.

Confirmation and ratification

3( 1) Any act or thing done from June 27, 2023, to the date of the enactment of this section, both dates inclusive, by the Minister of Local Government 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 that Minister with respect to any Act, or any particular matter or thing under the administration, supervision or control of that Minister,

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

(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 that Minister, 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 Minister of Local Government 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 Minister referred to in subsection 3(1) or the authority of that Minister to act in that capacity lies or shall be instituted against

(a) the Crown in right of the Province,

(b) the Minister, with respect to any act or thing done from June 27, 2023, to the date of the enactment of this section, both dates inclusive, by that Minister 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 that Minister with respect to any Act, or any particular matter or thing under the administration, supervision or control of that Minister, or

(c) any other person appointed, assigned, designated or requested to assist that Minister 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 that Minister, regarding a particular matter or thing under the administration, supervision or control of that Minister, with respect to any act or thing done, within the meaning of this paragraph, by the other person,

if the Minister or other person acted in good faith in doing the act or thing.

CONSEQUENTIAL AMENDMENTS

Agricultural Land Protection and Development Act

5( 1) Section 1 of the Agricultural Land Protection and Development Act, chapter A-5.11 of the Acts of New Brunswick, 1996, is amended in the definition “local government” by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

5( 2) Section 11 of the Act is amended by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Agriculture Appeal Board Act

6 Paragraph 2(2)(a) of the Agriculture Appeal Board Act, section 1 of chapter 28 of the Acts of New Brunswick, 2016, is amended by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Assessment Act

7 Clause 29(1.2)(a)(ii)(B) of the Assessment Act, chapter A-14 of the Revised Statutes, 1973, is amended by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Assessment and Planning Appeal Board Act

8 Section 1 of the Assessment and Planning Appeal Board Act, chapter 114 of the Revised Statutes, 2011, is amended in the definition “Minister” by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Business Improvement Areas Act

9 Section 1 of the Business Improvement Areas Act, chapter 102 of the Revised Statutes, 2014, is amended in the definition “Minister” by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Cemetery Companies Act

10 Subparagraph 5(1)(c)(iii) of the Cemetery Companies Act, chapter C-1 of the Revised Statutes, 1973, is amended by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Regulation under the Cemetery Companies Act

11 New Brunswick Regulation 94-129 under the Cemetery Companies Act is amended

(a) in section 12

( i) in subparagraph (4)(b)(v) by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”;

( ii) in subparagraph (5)(b)(v) by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”;

(b) in subparagraph 13(3)(b)(v) by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Regulation under the Clean Environment Act

12 New Brunswick Regulation 2008-54 under the Clean Environment Act is amended

(a) in the heading “Duties of brand owner with respect to the Minister of Local Government and Local Governance Reform, regional service commissions and local governments” preceding section 50.54 by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”;

(b) in paragraph 50.54(a) by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”;

(c) in paragraph 50.58(b) by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Regulation under the Combat Sport Act

13 Paragraph 3(4)(b) of New Brunswick Regulation 2014-131 under the Combat Sport Act is amended by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Community Funding Act

14 Section 1 of the Community Funding Act, section 1 of chapter 40 of the Acts of New Brunswick, 2022, is amended in the definition “Minister” by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Community Planning Act

15( 1) Subsection 1(1) of the Community Planning Act, chapter 19 of the Acts of New Brunswick, 2017, is amended in the definition “Minister” by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

15( 2) Section 87 of the Act is amended

(a) in subsection (2)

( i) in paragraph (b) in the portion preceding subparagraph (i) by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”;

( ii) in paragraph (d) by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”;

(b) in subsection (2.1) in the portion preceding paragraph (a) by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Control of Municipalities Act

16 Section 1 of the Control of Municipalities Act, chapter C-20 of the Revised Statutes, 1973, is amended in the definition “Minister” by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Evidence Act

17( 1) Section 88 of the Evidence Act, chapter E-11 of the Revised Statutes, 1973, is amended by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

17( 2) Section 89 of the Act is amended by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

17( 3) Section 90 of the Act is amended

(a) in subsection (1) by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”;

(b) in subsection (2) by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Firefighters’ Compensation Act

18( 1) Paragraph 45(6)(b) of the Firefighters’ Compensation Act, chapter F-12.5 of the Acts of New Brunswick, 2009, is amended by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

18( 2) Paragraph 47(5)(b) of the Act is amended by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

18( 3) Section 54 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”;

(b) in subsection (2) by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

18( 4) Subsection 55(1) of the Act is amended by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

18( 5) Subsection 59(2) of the Act is amended by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Highway Act

19 Section 58 of the Highway Act, chapter H-5 of the Revised Statutes, 1973, is amended in the definition “Minister” by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Local Governance Act

20 Subsection 1(1) of the Local Governance Act, chapter 18 of the Acts of New Brunswick, 2017, is amended in the definition “Minister” by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Local Governance Commission Act

21( 1) Section 1 of the Local Governance Commission Act, chapter 18 of the Acts of New Brunswick, 2023, is amended in the definition “Minister” by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

21( 2) Paragraph 89(2)(b) of the Act is amended by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Regulation under An Act Respecting Local Governance Reform

22 Section 2 of New Brunswick Regulation 2023-36 under An Act Respecting Local Governance Reform is amended in the definition “Minister” by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Municipal Capital Borrowing Act

23 Section 1 of the Municipal Capital Borrowing Act, chapter M-20 of the Revised Statutes, 1973, is amended in the definition “Minister” by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Municipal Debentures Act

24 Section 1 of the Municipal Debentures Act, chapter M-21 of the Revised Statutes, 1973, is amended in the definition “Minister” by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Municipal Elections Act

25 Subsection 57.2(5) of the Municipal Elections Act, chapter M-21.01 of the Acts of New Brunswick, 1979, is amended

(a) in paragraph (a) by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”;

(b) in paragraph (b) of the English version by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

New Brunswick Municipal Finance Corporation Act

26( 1) Section 14 of the New Brunswick Municipal Finance Corporation Act, chapter N-6.2 of the Acts of New Brunswick, 1982, is amended

(a) in subsection (1) by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”;

(b) in subsection (2) by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”;

(c) in subsection (3) in the portion preceding paragraph (a) by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”;

(d) in subsection (4) by striking out “Minister of Local Government and Local Governance Reform” wherever it appears and substituting “Minister of Local Government”.

26( 2) Subsection 16(4) of the Act is amended by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Police Act

27( 1) Paragraph 17.05(2)(b) of the Police Act, chapter P-9.2 of the Acts of New Brunswick, 1977, is amended by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

27( 2) Section 17.06 of the Act is amended

(a) in subsection (3) by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”;

(b) in subsection (4) by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

27( 3) Paragraph 17.2(3)(b) of the Act is amended by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

27( 4) Section 17.4 of the Act is amended

(a) in subsection (3) by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”;

(b) in subsection (4) by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Real Property Tax Act

28( 1) Subsection 4(1) of the Real Property Tax Act, chapter R-2 of the Revised Statutes, 1973, is amended

(a) in the portion preceding paragraph (a) by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”;

(b) in paragraph (b) of the English version by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

28( 2) Section 5 of the Act is amended

(a) in subsection (2)

( i) in paragraph (c) in the portion preceding subparagraph (i) by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”;

( ii) in paragraph (d) in the portion preceding subparagraph (i) by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”;

(b) in subsection (10) by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

28( 3) Paragraph 5.01(3)(e) of the Act is amended by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Regional Service Delivery Act

29 Section 1 of the Regional Service Delivery Act, chapter 37 of the Acts of New Brunswick, 2012, is amended in the definition “Minister” by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Right to Information and Protection of Privacy Act

30 Section 1 of the Right to Information and Protection of Privacy Act, chapter R-10.6 of the Acts of New Brunswick, 2009, is amended in paragraph (i) of the definition “head” by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Society for the Prevention of Cruelty to Animals Act

31 Section 1 of the Society for the Prevention of Cruelty to Animals Act, chapter 132 of the Revised Statutes, 2014, is amended in the definition “Minister” by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

Unsightly Premises Act

32 Subsection 1(1) of the Unsightly Premises Act, chapter 135 of the Revised Statutes, 2014, is amended in the definition “Minister” by striking out “Minister of Local Government and Local Governance Reform” and substituting “Minister of Local Government”.

PART 2

AMENDMENTS DEALING WITH THE
DEPARTMENT OF INDIGENOUS AFFAIRS

Executive Council Act

33 Section 2 of the English version 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 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 Indigenous Affairs, a Minister of Justice who shall also be Attorney General, a Minister of Local Government, 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 and Department

34 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 Aboriginal Affairs or the Department of Aboriginal Affairs, it shall be read, unless the context otherwise requires, as a reference to the Minister of Indigenous Affairs or the Department of Indigenous Affairs.

Confirmation and ratification

35( 1) Any act or thing done from October 5, 2023, to the date of the enactment of this section, both dates inclusive, by the Minister of Indigenous Affairs 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 that Minister with respect to any Act, or any particular matter or thing under the administration, supervision or control of that Minister,

(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 that Minister, and

35( 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 Minister of Indigenous Affairs was not validly exercised or performed.

Immunity

36 No action, application or any other proceeding to question or in which is questioned the validity of the appointment of the Minister referred to in subsection 35(1) or the authority of that Minister to act in that capacity lies or shall be instituted against

(a) the Crown in right of the Province,

(b) the Minister, with respect to any act or thing done from October 5, 2023, to the date of the enactment of this section, both dates inclusive, by that Minister 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 that Minister with respect to any Act, or any particular matter or thing under the administration, supervision or control of that Minister, or

if the Minister or other person acted in good faith in doing the act or thing.

CONSEQUENTIAL AMENDMENTS

Regulation under the Civil Service Act

37 Section 3 of the English version of New Brunswick Regulation 93-137 under the Civil Service Act is amended

(a) by striking out