BILL 33

 

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:

 

1                  Subsection 2(1) of the Executive Council Act, chapter E-12 of the Revised Statutes, 1973, is repealed and the following is substituted:

 

2(1)             The Lieutenant-Governor may appoint, under the Great Seal of the Province, from among the members of the Executive Council the following Ministers who shall hold office during pleasure: a President of the Executive Council, an Attorney General, a Minister of Justice and Consumer Affairs, a Minister of Public Safety who shall also be Solicitor General, a Minister of Finance, a Minister of Supply and Services, a Minister of Transportation, a Minister of Natural Resources, a Minister of Energy, a Minister of Agriculture, Fisheries and Aquaculture, a Minister of Health, a Minister of Wellness, Culture and Sport, a Minister of Family and Community Services, a Minister of Human Resources, a Minister of Post-Secondary Education and Training, a Minister of Education, a Minister of Environment, a Minister of Local Government, a Minister of Business New Brunswick, a Minister of Tourism and Parks and a Minister of Intergovernmental Affairs.

 

TRANSITIONAL PROVISIONS

2(1)             Where in any 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, Deputy Minister or Department of the Environment and Local Government, it shall be read, unless the context otherwise requires, as a reference to

 

(a)          the Minister, Deputy Minister or Department of Environment, or

 

(b)          the Minister, Deputy Minister or Department of Local Government,

 

as the case may be.

 

2(2)             Where in any 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, Deputy Minister or Department of Health and Wellness, it shall be read, unless the context otherwise requires, as a reference to

 

(a)          the Minister, Deputy Minister or Department of Health, or

 

(b)          the Minister, Deputy Minister or Department of Wellness, Culture and Sport,

 

as the case may be.

 

2(3)             Where in any 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, Deputy Minister or Department of Intergovernmental and International Relations, it shall be read, unless the context otherwise requires, as a reference to the Minister, Deputy Minister or Department of Intergovernmental Affairs.

 

2(4)             Where in any 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, Deputy Minister or Department of Justice, it shall be read, unless the context otherwise requires, as a reference to the Minister, Deputy Minister or Department of Justice and Consumer Affairs.

 

2(5)             Where in any 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, Deputy Minister or Department of Training and Employment Development, it shall be read, unless the context otherwise requires, as a reference to

 

(a)          the Minister, Deputy Minister or Department of Justice and Consumer Affairs, or

 

(b)          the Minister, Deputy Minister or Department of Post-Secondary Education and Training,

 

as the case may be.

 

3(1)             Any act or thing done from February 14, 2006, to the date of the enactment of this section, inclusive, by the Minister of Environment, the Minister of Health, the Minister of Intergovernmental Affairs, the Minister of Justice and Consumer Affairs, the Minister of Local Government, the Minister of Post-Secondary Education and Training and the Minister of Wellness, Culture and Sport, 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 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

 

(c)          is confirmed and ratified.

 

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 by those Ministers.

 

4(1)             The Lieutenant-Governor in Council may make the initial appointments of deputy heads under section 3 of the Civil Service Act retroactive to February 14, 2006, for the Department of Environment, the Department of Health, the Department of Intergovernmental Affairs, the Department of Justice and Consumer Affairs, the Department of Local Government, the Department of Post-Secondary Education and Training and the Department of Wellness, Culture and Sport.

 

4(2)             Any act or thing done on or after February 14, 2006, and before their appointment by the deputy heads appointed in accordance with subsection (1) 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 deputy heads,

 

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

 

(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 deputy heads, and

 

(c)          is confirmed and ratified.

 

4(3)             Nothing in paragraphs (2)(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 deputy heads appointed in accordance with subsection (1) was not validly exercised or performed by those deputy heads.

 

5                  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 deputy heads appointed in accordance with subsection 4(1), or the authority of those Ministers or deputy heads to act in such capacity, shall lie or be instituted against the Crown in right of the Province or

 

(a)          the Ministers referred to in subsection 3(1), with respect to any act or thing done from February 14, 2006, to the date of the enactment of this section, 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,

 

(b)          the deputy heads appointed in accordance with subsection 4(1), with respect to any act or thing done on or after February 14, 2006, and before their appointment by those deputy heads 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 deputy heads, or

 

(c)          any other person appointed, assigned, designated or requested to assist the Ministers referred to in subsection 3(1) or the deputy heads appointed in accordance with subsection 4(1) for a limited period of time, with respect to the administration, supervision or enforcement of any Act with respect to which any right, power, duty, function, responsibility or authority that is transferred to, vested in or imposed on those Ministers, with respect to a particular matter or thing under the administration, supervision or control of those Ministers, or with respect to any right, power, duty, function, responsibility or authority that is transferred to, vested in or imposed on those deputy heads, with respect to any act or thing done within the meaning of this paragraph, by the other person,

 

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

 

CONSEQUENTIAL AMENDMENTS

Adult Education and Training Act

6                  Section 1 of the Adult Education and Training Act, chapter A-3.001 of the Acts of New Brunswick, 1980, is amended

 

(a)          by repealing the definition "Department" and substituting the following:

 

"Department" means the Department of Post-Secondary Education and Training;

 

(b)          by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Post-Secondary Education and Training;

 

Agricultural Land Protection and Development Act

7(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 the Environment and Local Government" and substituting "Minister of Local Government".

 

7(2)             Subsection 10(2) of the Act is amended in the portion preceding paragraph (a) by striking out "Minister of the Environment and Local Government" and substituting "Minister of Environment".

 

7(3)             Section 11 of the Act is amended by striking out "Minister of the Environment and Local Government" and substituting "Minister of Environment".

 

8                  Subsection 9(1) of New Brunswick Regulation 97-83 under the Agricultural Land Protection and Development Act is amended by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

Ambulance Services Act

9(1)             Section 1 of the Ambulance Services Act, chapter A-7.3 of the Acts of New Brunswick, 1990, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Health and includes any person designated to act on the Minister's behalf;

 

9(2)             Subsection 4(2) of the Act is amended

 

(a)          in paragraph (g) by striking out "Department of the Environment and Local Government" and substituting "Department of Local Government";

 

(b)          in paragraph (i) by striking out "Department of Health and Wellness" and substituting "Department of Health".

 

Anatomy Act

10                Section 1 of the Anatomy Act, chapter A-8 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Health;

 

Apprenticeship and Occupational Certification Act

11(1)          Section 1 of the Apprenticeship and Occupational Certification Act, chapter A-9.1 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Post-Secondary Education and Training and includes a person designated by the Minister to act on the Minister's behalf;

 

11(2)          Paragraph 6(1)(c) of the Act is amended by striking out "Department of Training and Employment Development" and substituting "Department of Post-Secondary Education and Training".

 

11(3)          Paragraph 7(2)(b) of the Act is amended by striking out "Department of Training and Employment Development" and substituting "Department of Post-Secondary Education and Training".

 

Archives Act

12                Paragraph 6(1)(b) of the Archives Act, chapter A-11.1 of the Acts of New Brunswick, 1977, is amended by striking out "Deputy Minister of Justice" and substituting "Deputy Minister of Justice and Consumer Affairs".

 

Assessment Act

13                Clause 29(1.2)(a)(ii)(C) of the Assessment Act, chapter A-14 of the Revised Statutes, 1973, is amended by striking out "Minister of the Environment and Local Government" and substituting "Minister of Local Government".

 

Assessment and Planning Appeal Board Act

14                Section 1 of the Assessment and Planning Appeal Board Act, chapter A-14.3 of the Acts of New Brunswick, 2001, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Local Government; (« Ministre »)

 

Auctioneers Licence Act

15                Section 1 of the Auctioneers Licence Act, chapter A-17 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Justice and Consumer Affairs and includes persons designated by the Minister to act on the Minister's behalf.

 

Beverage Containers Act

16                Section 1 of the Beverage Containers Act, chapter B-2.2 of the Acts of New Brunswick, 1991, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Environment and includes persons designated by the Minister to act on the Minister's behalf;

 

Business Improvement Areas Act

17                Subsection 1(1) of the Business Improvement Areas Act, chapter B-10.2 of the Acts of New Brunswick, 1985, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Local Government;

 

Cemetery Companies Act

18(1)          Section 1 of the Cemetery Companies Act, chapter C-1 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Health;

 

18(2)          Subparagraph 5(1)(c)(iii) of the Act is amended by striking out "Minister of the Environment and Local Government" and substituting "Minister of Local Government".

 

18(3)          Section 40 of the Act is amended by striking out "Department of Health and Wellness" and substituting "Department of Health".

 

19(1)          Section 12 of New Brunswick Regulation 94-129 under the Cemetery Companies Act is amended

 

(a)          in subparagraph (4)(b)(v) by striking out "Minister of the Environment and Local Government" and substituting "Minister of Local Government";

 

(b)          in subparagraph (5)(b)(v) by striking out "Minister of the Environment and Local Government" and substituting "Minister of Local Government".

 

19(2)          Subparagraph 13(3)(b)(v) of the Regulation is amended by striking out "Minister of the Environment and Local Government" and substituting "Minister of Local Government".

 

Civil Service Act

20(1)          Section 3 of New Brunswick Regulation 93-137 under the Civil Service Act is amended

 

(a)          by striking out

 

Department of the Environment and Local Government

Department of Health and Wellness

Department of Intergovernmental and International Relations

Department of Justice

Department of Training and Employment Development

 

(b)          by adding the following in alphabetical order:

 

Department of Environment

Department of Health

Department of Intergovernmental Affairs

Department of Justice and Consumer Affairs

Department of Local Government

Department of Post-Secondary Education and Training

Department of Wellness, Culture and Sport

 

20(2)          Section 5.1 of the Regulation is amended

 

(a)          by striking out

 

Department of Intergovernmental and International Relations

 

(b)          by adding the following in alphabetical order:

 

Department of Intergovernmental Affairs

 

Clean Air Act

21(1)          Section 1 of the Clean Air Act, chapter C-5.2 of the Acts of New Brunswick, 1997, is amended

 

(a)          by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Environment and includes a person designated by the Minister to act on the Minister's behalf;

 

(b)          by repealing the definition "Minister of Health and Wellness" and substituting the following:

 

"Minister of Health" includes a person designated by the Minister of Health to act on that Minister's behalf;

 

21(2)          Section 8 of the Act is amended

 

(a)          in paragraph (2)(a) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(b)          in subsection (4) by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

21(3)          Subsection 12(4) of the Act is amended by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

22(1)          Section 3 of New Brunswick Regulation 2001-98 under the Clean Air Act is amended

 

(a)          in paragraph (2)(e) by striking out "Department of the Environment and Local Government" and substituting "Department of Environment";

 

(b)          in subsection (4) by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

22(2)          Subsection 14(1) of the Regulation is amended by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

Clean Environment Act

23(1)          Section 1 of the Clean Environment Act, chapter C-6 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Environment and includes any person designated by the Minister to act on the Minister's behalf;

 

23(2)          Section 6.1 of the Act is amended

 

(a)          in paragraph (9)(a) by striking out "Department of the Environment and Local Government" wherever it appears and substituting "Department of Environment";

 

(b)          in paragraph (10)(a) by striking out "Department of the Environment and Local Government" wherever it appears and substituting "Department of Environment";

 

(c)          in subsection (11) by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

23(3)          Section 6.4 of the Act is amended

 

(a)          in paragraph (9)(a) by striking out "Department of the Environment and Local Government" wherever it appears and substituting "Department of Environment";

 

(b)          in paragraph (10)(a) by striking out "Department of the Environment and Local Government" wherever it appears and substituting "Department of Environment";

 

(c)          in subsection (11) by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

23(4)          Paragraph 14(3)(b) of the Act is amended by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

24                Section 3 of An Act to Amend the Clean Environment Act, chapter 25 of the Acts of New Brunswick, 2002, is amended in subsection 5(7) as enacted by section 3 by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

25(1)          Subsection 5(2) of New Brunswick Regulation 82-126 under the Clean Environment Act is amended by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

25(2)          Subsection 13(1) of the Regulation is amended by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

25(3)          Subsection 24(1) of the Regulation is amended by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

25(4)          Subsection 27(4) of the Regulation is amended by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

26                Subsection 6(1) of New Brunswick Regulation 84-179 under the Clean Environment Act is amended by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

27(1)          Subsection 7(2) of New Brunswick Regulation 87-83 under the Clean Environment Act is amended by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

27(2)          Subparagraph 13(a)(i) of the Regulation is amended by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

27(3)          Subsection 15(3) of the Regulation is amended by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

28(1)          Paragraph 43(a) of New Brunswick Regulation 87-97 under the Clean Environment Act is amended by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

28(2)          Section 52 of the Regulation is amended by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

29                Subsection 15(1) of New Brunswick Regulation 96-82 under the Clean Environment Act is amended by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

Clean Water Act

30(1)          Section 1 of the Clean Water Act, chapter C-6.1 of the Acts of New Brunswick, 1989, is amended

 

(a)          in paragraph (d) of the definition "contaminant" by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(b)          by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Environment and includes a person designated by the Minister to act on the Minister's behalf;

 

(c)          by repealing the definition "Minister of Health and Wellness" and substituting the following:

 

"Minister of Health" includes a person designated by the Minister of Health to act on that Minister's behalf;

 

(d)          in the definition "significant health risk" by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

30(2)          Subsection 10(1) of the Act is amended by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

30(3)          Subsection 12(3) of the Act is amended in the portion preceding paragraph (a) by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

30(4)          Section 13 of the Act is amended

 

(a)          in subsection (3)

 

(i)      in the portion preceding paragraph (a) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(ii)     in subparagraph (a)(iii) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(iii)   in subparagraph (b)(i) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(b)          in subsection (4)

 

(i)      in the portion preceding paragraph (a) by striking out "Minister of Health and Wellness" wherever it appears and substituting "Minister of Health";

 

(ii)     in subparagraph (b)(iv) of the English version by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(c)          in subsection (5)

 

(i)      in the portion preceding paragraph (a) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(ii)     in paragraph (b) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(d)          in subsection (6) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(e)          in subsection (7) by striking out "Minister of Health and Wellness" wherever it appears and substituting "Minister of Health".

 

30(5)          Section 13.1 of the Act is amended

 

(a)          in subsection (1) in the definition "Chief Medical Officer" by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(b)          in subsection (3)

 

(i)      in paragraph (b) by striking out "Department of the Environment and Local Government" and substituting "Department of Environment";

 

(ii)     in paragraph (c) by striking out "Health and Wellness" wherever it appears and substituting "Health";

 

(iii)   in paragraph (d) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(c)          in subsection (4) in the portion preceding paragraph (a) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(d)          in subsection (9) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(e)          in subsection (10) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(f)           in subsection (11) by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

30(6)          Section 14 of the Act is amended

 

(a)          in paragraph (5)(a) by striking out "Department of the Environment and Local Government" wherever it appears and substituting "Department of Environment";

 

(b)          in subsection (6) by striking out "Department of the Environment and Local Government" wherever it appears and substituting "Department of Environment";

 

(c)          in subsection (7) by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

31(1)          Paragraph 1(e) of An Act to Amend the Clean Water Act, chapter 26 of the Acts of New Brunswick, 2002, is amended in the definition "significant health risk" as enacted by paragraph 1(e) by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

31(2)          Subparagraph 11(c)(i) of the Act is amended in subsection 12(3) as enacted by subparagraph 11(c)(i) by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

31(3)          Paragraph 12(d) of the Act is amended in subsection 13(7) as enacted by paragraph 12(d) by striking out "Minister of Health and Wellness" wherever it appears and substituting "Minister of Health".

 

32(1)          Section 22 of New Brunswick Regulation 90-79 under the Clean Water Act is amended

 

(a)          in subsection (2) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(b)          in subsection (4) by striking out "Minister of Health and Wellness" wherever it appears and substituting "Minister of Health".

 

32(2)          Subsection 37(1) of the Regulation is amended by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

33(1)          Paragraph 6(1)(b) of New Brunswick Regulation 90-80 under the Clean Water Act is amended by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

33(2)          Subsection 24(1) of the Regulation is amended by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

33(3)          Subsection 25(2) of the Regulation is amended by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

34(1)          Section 2 of New Brunswick Regulation 93-203 under the Clean Water Act is amended in the definition "Provincial Analytical Services" by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

34(2)          Section 5 of the Regulation is amended

 

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

 

(a)          the voucher to an office of the Department of Environment or the Department of Health, and

 

(b)          in subsection (2) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(c)          in subsection (3) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(d)          in subsection (4) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(e)          in subsection (5) by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

34(3)          Section 6 of the Regulation is amended by striking out the portion preceding paragraph (a) and substituting the following:

 

6                  The results of a test of a sample of water from a well are confidential and shall not be disclosed by the Minister, the Minister of Health or any person employed by the Department of Environment or the Department of Health to a person other than the owner of the well unless

 

34(4)          Section 7 of the Regulation is amended

 

(a)          in paragraph (1)(a) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(b)          in subsection (2) by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

34(5)          Section 8 of the Regulation is amended

 

(a)          in subsection (1) in the portion preceding paragraph (a) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(b)          in subsection (2) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(c)          in subsection (3) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(d)          in subsection (4) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(e)          in subsection (5) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(f)           in subsection (6) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(g)          in subsection (7) by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

34(6)          Section 9 of the Regulation is amended

 

(a)          in paragraph (1)(c) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(b)          in subsection (2) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(c)          in subsection (3) by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

35(1)          Subsection 12(2) of New Brunswick Regulation 2002-13 under the Clean Water Act is amended

 

(a)          in paragraph (a) by striking out "Department of the Environment and Local Government" and substituting "Department of Environment";

 

(b)          in paragraph (b) by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

35(2)          Subsection 15(2) of the Regulation is amended by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

Collection Agencies Act

36                Section 1 of the Collection Agencies Act, chapter C-8 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Justice and Consumer Affairs and includes any person designated by the Minister to act on the Minister's behalf;

 

Commissioners for Taking Affidavits Act

37(1)          Section 2 of the Commissioners for Taking Affidavits Act, chapter C-9 of the Revised Statutes, 1973, is amended by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

37(2)          Subsection 3(2) of the Act is amended by striking out "Minister of Justice" wherever it appears and substituting "Minister of Justice and Consumer Affairs".

 

37(3)          Subsection 4(1) of the Act is amended by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

37(4)          Section 4.1 of the Act is amended

 

(a)          in subsection (1) by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs";

 

(b)          in subsection (2) by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

37(5)          Section 8 of the Act is amended by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

37(6)          Section 9 of the Act is amended

 

(a)          in subsection (1) by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs";

 

(b)          in subsection (3) by striking out "Minister of Justice" wherever it appears and substituting "Minister of Justice and Consumer Affairs";

 

(c)          in subsection (3.1) by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs";

 

(d)          in subsection (3.2) by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

Community Planning Act

38(1)          Section 1 of the Community Planning Act, chapter C-12 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Environment and includes anyone designated by the Minister to act on the Minister's behalf;

 

38(2)          Subsection 4(1) of the Act is amended by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

39                Section 14 of New Brunswick Regulation 81-126 under the Community Planning Act is repealed and the following is substituted:

 

14                Sewage shall be discharged into a sewer system for public use approved by the Department of Environment and the Department of Health or a private system approved by the Department of Health.

 

40                Paragraph 8(1)(f) of New Brunswick Regulation 84-291 under the Community Planning Act is amended by striking out "Department of the Environment and Local Government and the Department of Health and Wellness" and substituting "Department of Environment and the Department of Health".

 

41                Subsection 5(2) of New Brunswick Regulation 84-294 under the Community Planning Act is amended by striking out "Minister of the Environment and Local Government" and substituting "Minister of Environment".

 

42                Subsection 9(2) of New Brunswick Regulation 90-150 under the Community Planning Act is amended by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

Companies Act

43                Paragraph 1.2(3.1)(a) of the Companies Act, chapter C-13 of the Revised Statutes, 1973, is amended

 

(a)          in subparagraph (ii) by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs";

 

(b)          in subparagraph (iii) by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs";

 

(c)          in subparagraph (iv) by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

Control of Municipalities Act

44                Section 1 of the Control of Municipalities Act, chapter C-20 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Local Government;

 

Co-operative Associations Act

45(1)          Form 1 of New Brunswick Regulation 82-58 under the Co-operative Associations Act is amended by striking out "MINISTER OF JUSTICE" and substituting "MINISTER OF JUSTICE AND CONSUMER AFFAIRS".

 

45(2)          Form 2 of the Regulation is amended by striking out "MINISTER OF JUSTICE" and substituting "MINISTER OF JUSTICE AND CONSUMER AFFAIRS".

 

Cost of Credit Disclosure Act

46                Section 1 of the Cost of Credit Disclosure Act, chapter C-28 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Justice and Consumer Affairs and includes any person designated by the Minister to act on the Minister's behalf;

 

Cost of Credit Disclosure Act

47                Subsection 1(1) of the Cost of Credit Disclosure Act, chapter C-28.3 of the Acts of New Brunswick, 2002, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Justice and Consumer Affairs and includes any person designated by the Minister to act on the Minister's behalf; (« Ministre »)

 

Court Reporters Act

48                Section 1 of the Court Reporters Act, chapter C-30.1 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Justice and Consumer Affairs;

 

Credit Unions Act

49                Section 1 of the Credit Unions Act, chapter C-32.2 of the Acts of New Brunswick, 1992, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Justice and Consumer Affairs;

 

Degree Granting Act

50                Section 1 of the Degree Granting Act, chapter D-5.3 of the Acts of the New Brunswick, 2000, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Post-Secondary Education and Training and includes any person designated by the Minister to act on the Minister's behalf;

 

Demise of the Crown Act

51                Subsection 6(3) of the Demise of the Crown Act, chapter D-6 of the Revised Statutes, 1973, is amended by striking out "Minister of Justice" and substituting "Attorney General".

 

Direct Sellers Act

52                Section 1 of the Direct Sellers Act, chapter D-10 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Justice and Consumer Affairs and includes any person designated by the Minister to act on the Minister's behalf;

 

Diseases of Animals Act

53                Paragraph 12(b) of New Brunswick Regulation 83-105 under the Diseases of Animals Act is amended by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

Edmundston Act, 1998

54                Subsection 1(1) of the Edmundston Act, 1998, chapter E-1.111 of the Acts of New Brunswick, 1998, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Local Government;

 

Elections Act

55                Schedule C of the Elections Act, chapter E-3 of the Revised Statutes, 1973, is amended

 

(a)          in section 2 by striking out "Department of Health and Wellness" and substituting "Department of Health";

 

(b)          in section 3 by striking out "Department of the Environment and Local Government" and substituting "Department of Local Government".

 

Electrical Installation and Inspection Act

56                Paragraph 11(3)(a) of New Brunswick Regulation 84-165 under the Electrical Installation and Inspection Act is amended by striking out "Department of Training and Employment" and substituting "Department of Post-Secondary Education and Training".

 

Emergency Measures Act

57                Section 2 of New Brunswick Regulation 83-71 under the Emergency Measures Act is amended in paragraph (c) of the definition "non-chargeable assistance" by striking out "Department of Health and Wellness" and substituting "Department of Health".

 

58                Section 4 of New Brunswick Regulation 84-7 under the Emergency Measures Act is amended

 

(a)          in subsection (1)

 

(i)      by striking out

 

Department of the Environment and Local Government

Department of Health and Wellness

Department of Justice

Department of Training and Employment Development

 

(ii)     by adding the following in alphabetical order:

 

Department of Environment

Department of Health

Department of Local Government

Department of Post-Secondary Education and Training

Office of the Attorney General

 

(b)          in subsection (3)

 

(i)      in subparagraph (a)(iii) by striking out "Department of Health and Wellness" and substituting "Department of Health";

 

(ii)     in subparagraph b)(ii) of the French version by striking out "ministère de la Santé et du Mieux-être" and substituting "ministère des Services familiaux et communautaires";

 

(iii)   by repealing paragraph (c) and substituting the following:

 

(c)           the Department of Environment shall

 

(i)      in conjunction with other provincial departments, the New Brunswick Emergency Measures Organization and Public Safety and Emergency Preparedness Canada develop plans and procedures for

 

(A)         the control of emergencies arising from the spill of hazardous chemicals, liquids or gases into the environment which would endanger the public or environment of the Province,

 

(B)         the disposal of hazardous chemicals and explosives, and

 

(C)         the monitoring of waterways for flood conditions and, when necessary, advising the public through the New Brunswick Emergency Measures Organization,

 

(ii)     support the New Brunswick Emergency Measures Organization and the Department of Public Safety in developing plans for inspecting and investigating possible environmental contaminations that occur as the result of an emergency or a disaster, and

 

(iii)   in conjunction with the Department of Health, monitor the waterways for health and environmental hazards,

 

(iv)    in paragraph (e) in the portion preceding subparagraph (i) by striking out "Department of Health and Wellness" and substituting "Department of Health";

 

(v)     by adding after paragraph (e) the following:

 

(e.1)       the Department of Local Government shall

 

(i)      in conjunction with other provincial departments, the New Brunswick Emergency Measures Organization and Public Safety and Emergency Preparedness Canada develop plans and procedures for assisting municipalities in the continuance of government and disaster operations during a disaster, and

 

(ii)     support the New Brunswick Emergency Measures Organization and other provincial departments and agencies in developing plans and procedures to co-ordinate emergency planning and operations in local service districts;

 

(vi)    in paragraph (f) by striking out "Department of Justice" and substituting "Office of the Attorney General";

 

(vii)   in paragraph (q) in the portion preceding subparagraph (i) by striking out "Department of Training and Development" and substituting "Department of Post-Secondary Education and Training".

 

Employment Development Act

59                Section 1 of the Employment Development Act, chapter E-7.11 of the Acts of New Brunswick, 1988, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Post-Secondary Education and Training and includes persons designated by the Minister under section 5 to act on the Minister's behalf.

 

Employment Standards Act

60(1)          Section 1 of the Employment Standards Act, chapter E-7.2 of the Acts of New Brunswick, 1982, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Post-Secondary Education and Training;

 

60(2)          Section 87 of the Act is amended by striking out "Department of Training and Employment Development" and substituting "Department of Post-Secondary Education and Training".

 

61                Form 2 of New Brunswick Regulation 85-179 under the Employment Standards Act is amended by striking out "Department of Training and Employment Development" and substituting "Department of Post-Secondary Education and Training".

 

Environmental Trust Fund Act

62(1)          Section 4 of the Environmental Trust Fund Act, chapter E-9.3 of the Acts of New Brunswick, 1990, is amended by striking out "Minister of the Environment and Local Government" wherever it appears and substituting "Minister of Environment".

 

62(2)          Section 5 of the Act is amended

 

(a)          in subsection (1) by striking out "Minister of the Environment and Local Government" and substituting "Minister of Environment";

 

(b)          in subsection (2) by striking out "Minister of the Environment and Local Government" and substituting "Minister of Environment".

 

Evidence Act

63(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 substituting "Minister of Justice and Consumer Affairs";

 

(b)          in paragraph (c) by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

63(2)          Section 26 of the Act is amended

 

(a)          in subsection (2) by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs";

 

(b)          in paragraph (4)(c) by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

63(3)          Section 88 of the Act is amended by striking out "Minister of the Environment and Local Government" and substituting "Minister of Local Government".

 

63(4)          Section 89 of the Act is amended by striking out "Minister of the Environment and Local Government" and substituting "Minister of Local Government".

 

63(5)          Section 90 of the Act is amended

 

(a)          in subsection (1) by striking out "Minister of the Environment and Local Government" and substituting "Minister of Local Government";

 

(b)          in subsection (2) by striking out "Minister of the Environment and Local Government" and substituting "Minister of Local Government".

 

Expropriation Act

64                Subsection 3.1(1) of the Expropriation Act, chapter E-14 of the Revised Statutes, 1973, is amended by striking out "Minister of Justice" and substituting "Attorney General".

 

Family Income Security Act

65                Paragraph 4(13)(a) of New Brunswick Regulation 95-61 under the Family Income Security Act is amended by striking out "Minister of Health and Wellness" wherever it appears and substituting "Minister of Health".

 

 

 

Family Services Act

66                Subsection 130.5(1) of the Family Services Act, chapter F-2.2 of the Acts of New Brunswick, 1980, is amended

 

(a)          in the portion preceding paragraph (a) by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs";

 

 

(b)          in paragraph (a) by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs";

 

(c)          in paragraph (b) by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

 

67(1)          Paragraph 4(2)(b) of New Brunswick Regulation 83-77 under the Family Services Act is amended by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

 

67(2)          Paragraph 15(a) of the Regulation is amended by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

68(1)          Paragraph 3(2)(b) of New Brunswick Regulation 83-85 under the Family Services Act is amended by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

 

68(2)          Paragraph 14(a) of the Regulation is amended by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

69                Paragraph 3(4)(b) of New Brunswick Regulation 85-14 under the Family Services Act is amended by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

 

70                Section 4 of New Brunswick Regulation 91-170 under the Family Services Act is amended

 

 

(a)          in paragraph (1)(b) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(b)          in paragraph (2)(b) by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

Financial Administration Act

71(1)          Paragraph 5(7)(e) of New Brunswick Regulation 83-227 under the Financial Administration Act is amended by striking out "Minister of the Environment and Local Government" and substituting "Minister of Environment".

 

 

71(2)          Paragraph 6(3)(e) of the Regulation is amended by striking out "Minister of the Environment and Local Government" and substituting "Minister of Environment".

 

71(3)          Schedule A of the Regulation is amended

 

(a)          by striking out

 

Department of the Environment and Local Government

Department of Health and Wellness

Department of Intergovernmental and International Relations

Department of Justice

Department of Training and Employment Development

 

 

 

(b)          by adding the following in alphabetical order:

 

 

Department of Environment

Department of Health

Department of Intergovernmental Affairs

Department of Justice and Consumer Affairs

Department of Local Government

Department of Post-Secondary Education and Training

Department of Wellness, Culture and Sport

 

 

72(1)          Section 3 of New Brunswick Regulation 2002-1 under the Financial Administration Act is amended

 

 

(a)          in the portion preceding paragraph (a) by striking out "Minister of the Environment and Local Government" and substituting "Minister of Environment";

 

(b)          in paragraph (b) by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

 

72(2)          Section 4 of the Regulation is amended

 

(a)          in paragraph (a) by striking out "Minister of the Environment and Local Government" and substituting "Minister of Environment";

 

 

(b)          in paragraph (c) by striking out "Minister of the Environment and Local Government" and substituting "Minister of Environment";

 

 

(c)          in paragraph (d) by striking out "Minister of the Environment and Local Government" and substituting "Minister of Environment";

 

 

(d)          in paragraph (e) by striking out "Minister of the Environment and Local Government" and substituting "Minister of Environment";

 

 

(e)          in paragraph (f) by striking out "Minister of the Environment and Local Government" and substituting "Minister of Environment".

 

 

Fisheries Bargaining Act

73(1)          Section 1 of the Fisheries Bargaining Act, chapter F-15.01 of the Acts of New Brunswick, 1982, is amended

 

(a)          by repealing the definition "Deputy Minister" and substituting the following:

 

"Deputy Minister" means the Deputy Minister of Post-Secondary Education and Training;

 

(b)          by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Post-Secondary Education and Training;

 

73(2)          Subsection 44(2) of the Act is amended by striking out "Minister of Training and Employment Development" and substituting "Minister of Post-Secondary Education and Training".

 

 

74                Form A of New Brunswick Regulation 83-183 under the Fisheries Bargaining Act is amended

 

 

(a)          by striking out "Training and Employment Development" wherever it appears and substituting "Post-Secondary Education and Training";

 

 

(b)          by striking out "MINISTER OF TRAINING AND EMPLOYMENT DEVELOPMENT" wherever it appears and substituting "MINISTER OF POST-SECONDARY EDUCATION AND TRAINING".

 

 

Fish Inspection Act

75                Section 1 of the Fish Inspection Act, chapter F-18 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

 

"Minister" means the Minister of Health;

 

Gas Distribution Act, 1999

76                Section 7 of New Brunswick Regulation 99-60 under the Gas Distribution Act, 1999, is amended

 

 

(a)          in subsection (1) in the definition "environmentally significant area" by striking out "Minister of the Environment and Local Government" and substituting "Minister of Environment";

 

 

(b)          in subsection (21) by striking out "Minister of the Environment and Local Government" and substituting "Minister of Environment".

 

 

Greater Saint John Regional Facilities Commission Act

77                Section 1 of the Greater Saint John Regional Facilities Commission Act, chapter G-5.1 of the Acts of New Brunswick, 1998, is amended by repealing the definition "Minister" and substituting the following:

 

 

"Minister" means the Minister of Local Government;

 

 

Health Act

78                Section 1 of the Health Act, chapter H-2 of the Revised Statutes, 1973, is amended

 

(a)          by repealing the definition "Department" and substituting the following:

 

"Department" means the Department of Health;

 

(b)          by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Health and includes any person designated to act on the Minister's behalf;

 

79                The enacting clause of New Brunswick Regulation 88-200 under the Health Act is amended by striking out "Minister of Health and Wellness" and substituting "Minister".

 

80                The enacting clause of New Brunswick Regulation 88-201 under the Health Act is amended by striking out "Minister of Health and Wellness" and substituting "Minister".

 

Health Care Funding Guarantee Act

81(1)          Section 1 of the Health Care Funding Guarantee Act, chapter H-2.1 of the Acts of New Brunswick, 1999, is amended by repealing the definition "gross ordinary account expenditures of the Department of Health and Wellness" and substituting the following:

 

 

"gross ordinary account expenditures of the Department of Health" means, in relation to a particular fiscal year, the operating expenditures on non-capital items incurred in that fiscal year by the Department of Health in the delivery of public services and reported as such in the Public Accounts for that fiscal year, but not including short-term, time limited expenditures;

 

 

81(2)          Paragraph 2(b) of the Act is amended by striking out "Department of Health and Wellness" and substituting "Department of Health".

 

81(3)          Subparagraph 4(b)(ii) of the Act is amended by striking out "Department of Health and Wellness" wherever it appears and substituting "Department of Health".

 

 

81(4)          Subsection 6(2) of the Act is repealed and the following is substituted:

 

6(2)             For the purposes of this Act, the gross ordinary account expenditures of the Department of Health shall be stated retroactively as a result of any reorganization of that department.

 

Higher Education Foundation Act

82                Section 1 of the Higher Education Foundation Act, chapter H-4.1 of the Acts of New Brunswick, 1992, is amended by repealing the definition "Minister" and substituting the following:

 

 

"Minister" means the Minister of Post-Secondary Education and Training and includes persons designated by the Minister to act on the Minister's behalf;

 

Highway Act

83                Section 58 of the Highway Act, chapter H-5 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

 

"Minister" means the Minister of Local Government and includes anyone designated by the Minister to act on the Minister's behalf;

 

Hospital Act

84                Section 1 of the Hospital Act, chapter H-6.1 of the Acts of New Brunswick, 1992, is amended by repealing the definition "Minister" and substituting the following:

 

 

"Minister" means the Minister of Health and includes persons designated by the Minister under section 34 to act on the Minister's behalf;

 

Hospital Services Act

85(1)          Section 1 of the Hospital Services Act, chapter H-9 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Health and includes any person designated by the Minister to act on his or her behalf;

 

85(2)          Section 2 of the Act is amended by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

86                Section 2 of New Brunswick Regulation 84-167 under the Hospital Services Act is amended

 

 

(a)          in the definition "Medicare Branch" by striking out "Department of Health and Wellness" and substituting "Department of Health";

 

 

(b)          in the definition "Public Health and Medical Services Division" by striking out "Department of Health and Wellness" and substituting "Department of Health".

 

Human Rights Act

87                Section 2 of the Human Rights Act, chapter H-11 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

 

"Minister" means the Minister of Post-Secondary Education and Training and includes anyone designated by the Minister to act on the Minister's behalf;

 

Human Tissue Gift Act

88                Subsection 8(4) of the Human Tissue Gift Act, chapter H-12.5 of the Acts of New Brunswick, 2004, is amended by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

 

Industrial Relations Act

89(1)          Subsection 1(1) of the Industrial Relations Act, chapter I-4 of the Revised Statutes, 1973, is amended

 

 

(a)          by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Post-Secondary Education and Training;

 

(b)          by adding the following definition in alphabetical order:

 

"Deputy Minister" means the Deputy Minister of Post-Secondary Education and Training;

 

89(2)          Subsection 55(2) of the Act is amended by striking out "Minister of Training and Employment Development" and substituting "Minister of Post-Secondary Education and Training".

 

89(3)          Subsection 55.1(2) of the Act is amended by striking out "Minister of Training and Employment Development" and substituting "Minister of Post-Secondary Education and Training".

 

 

89(4)          Section 137 of the Act is amended

 

(a)          in subsection (2) by striking out "Deputy Minister of Training and Employment Development" and substituting "Deputy Minister";

 

(b)          in subsection (3) by striking out "Deputy Minister of Training and Employment Development" and substituting "Deputy Minister".

 

89(5)          Section 138 of the Act is amended

 

(a)          in subsection (3) in the portion following subparagraph (b)(ii) by striking out "Deputy Minister of Training and Employment Development" and substituting "Deputy Minister";

 

(b)          in subsection (4) by striking out "Deputy Minister of Training and Employment Development" and substituting "Deputy Minister";

 

(c)          in subsection (5) by striking out "Deputy Minister of Training and Employment Development" and substituting "Deputy Minister".

 

90                Section 46 of New Brunswick Regulation 82-92 under the Industrial Relations Act is amended by striking out "Minister of Justice" and substituting "Attorney General".

 

91(1)          Form A of New Brunswick Regulation 82-100 under the Industrial Relations Act is amended

 

 

(a)          by striking out "Training and Employment Development" wherever it appears and substituting "Post-Secondary Education and Training";

 

 

(b)          by striking out "MINISTER OF TRAINING AND EMPLOYMENT DEVELOPMENT" wherever it appears and substituting "MINISTER OF POST-SECONDARY EDUCATION AND TRAINING".

 

 

91(2)          Form B of the Regulation is amended

 

(a)          in the heading "REPORT TO THE MINISTER OF TRAINING AND EMPLOYMENT DEVELOPMENT UNDER SUBSECTION 99(1) OF THE INDUSTRIAL RELATIONS ACT" by striking out "MINISTER OF TRAINING AND EMPLOYMENT DEVELOPMENT" and substituting "MINISTER OF POST-SECONDARY EDUCATION AND TRAINING";

 

 

(b)          by striking out "Department of Training and Employment Development" and substituting "Department of Post-Secondary Education and Training".

 

91(3)          Form C of the Regulation is amended

 

(a)          in the heading "REPORT TO THE MINISTER OF TRAINING AND EMPLOYMENT DEVELOPMENT UNDER SUBSECTION 99(1) OF THE INDUSTRIAL RELATIONS ACT" by striking out "MINISTER OF TRAINING AND EMPLOYMENT DEVELOPMENT" and substituting "MINISTER OF POST-SECONDARY EDUCATION AND TRAINING";

 

 

(b)          by striking out "Department of Training and Employment Development" and substituting "Department of Post-Secondary Education and Training".

 

Inquiries Act

92                Section 10 of the Inquiries Act, chapter I-11 of the Revised Statutes, 1973, is amended by striking out "Minister of Justice" and substituting "Attorney General".

 

 

Insurance Act

93                Subsection 242.1(1) of the Insurance Act, chapter I-12 of the Revised Statutes, 1973, is amended by repealing the definition "provincial authority" and substituting the following:

 

"provincial authority" means the Minister of Health.

 

Judicature Act

94                Section 69 of the Judicature Act, chapter J-2 of the Revised Statutes, 1973, is amended

 

(a)          in subsection (1) by striking out "Minister of Justice" and substituting "Attorney General";

 

 

(b)          in subsection (2) by striking out "Minister of Justice" and substituting "Attorney General".

 

 

95(1)          Paragraph 10.02(3) of the Rules of Court of New Brunswick, New Brunswick Regulation 82-73 under the Judicature Act and the Provincial Offences Procedure Act, is amended by striking out "Minister of Justice" and substituting "Attorney General".

 

 

 

95(2)          Rule 18 of the Regulation is amended

 

(a)          in clause 18.02(1)(h) by striking out "office of the Attorney-General" and substituting "Office of the Attorney General";

 

(b)          in paragraph 18.03(7) by striking out "Minister of Justice" wherever it appears and substituting "Service New Brunswick".

 

95(3)          Form 18B of the Regulation is amended by striking out "Minister of Justice" wherever it appears and substituting "Service New Brunswick".

 

 

Jury Act

96                Paragraph 3(g) of the Jury Act, chapter J-3.1 of the Acts of New Brunswick, 1980, is repealed and the following is substituted:

 

(g)          persons employed in the office of the Attorney General of Canada or the Department of Justice of Canada or in the Office of the Attorney General of New Brunswick or the Department of Justice and Consumer Affairs of New Brunswick;

 

97(1)          Form 2 of New Brunswick Regulation 95-126 under the Jury Act is amended by striking out "persons employed in the federal or provincial office of the Attorney General or the Department of Justice" and substituting "persons employed in the office of the Attorney General of Canada or the Department of Justice of Canada or in the Office of the Attorney General of New Brunswick or the Department of Justice and Consumer Affairs of New Brunswick".

 

 

97(2)          Form 5 of the Regulation is amended by striking out "persons employed in the federal or provincial office of the Attorney General or the Department of Justice" and substituting "persons employed in the office of the Attorney General of Canada or the Department of Justice of Canada or in the Office of the Attorney General of New Brunswick or the Department of Justice and Consumer Affairs of New Brunswick".

 

 

Labour and Employment Board Act

98                Section 1 of the Labour and Employment Board Act, chapter L-0.01 of the Acts of New Brunswick, 1994, is amended by repealing the definition "Minister" and substituting the following:

 

 

"Minister" means the Minister of Post-Secondary Education and Training;

 

Labour Market Research Act

99                Section 1 of the Labour Market Research Act, chapter L-0.1 of the Acts of New Brunswick, 1990, is amended by repealing the definition "Minister" and substituting the following:

 

 

"Minister" means the Minister of Post-Secondary Education and Training and includes persons designated to act on behalf of the Minister.

 

Legal Aid Act

100(1)        Section 1 of the Legal Aid Act, chapter L-2 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

 

"Minister" means the Minister of Justice and Consumer Affairs and includes persons designated by the Minister to act on the Minister's behalf;

 

100(2)        Subsection 6(1) of the Act is amended

 

(a)          in the portion preceding paragraph (a) by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs";

 

 

(b)          in paragraph (d) by striking out "Deputy Minister of Justice" and substituting "Deputy Minister of Justice and Consumer Affairs".

 

100(3)        Section 23 of the Act is amended by repealing the definition "Minister" and substituting the following:

 

 

"Minister" means the Minister of Justice and Consumer Affairs and includes any person designated by the Minister to act on the Minister's behalf.

 

100(4)        Section 25 of the Act is amended by repealing the definition "Minister" and substituting the following:

 

 

"Minister" means the Minister of Justice and Consumer Affairs. (Ministre)

 

Liquor Control Act

101(1)        Clause 69(1)(c)(i)(A) of the Liquor Control Act, chapter L-10 of the Revised Statutes, 1973, is amended by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

 

101(2)        Paragraph 104(1)(b) of the Act is amended by striking out "to the Minister of Justice".

 

102             Subparagraph 55(c)(i) of New Brunswick Regulation 84-265 under the Liquor Control Act is amended by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

 

Livestock Operations Act

103             Subsection 14(3) of New Brunswick Regulation 99-32 under the Livestock Operations Act is repealed and the following is substituted:

 

14(3)          The Minister of Environment, in consultation with the Minister, shall appoint a member from the Land Use Planning Branch of the Department of Environment to be a member of the appeal board.

 

 

Loan and Trust Companies Act

104             Subsection 1(1) of the Loan and Trust Companies Act, chapter L-11.2 of the Acts of New Brunswick, 1987, is amended by repealing the definition "Minister" and substituting the following:

 

 

"Minister" means the Minister of Justice and Consumer Affairs and includes persons designated by the Minister under section 217 to act on the Minister's behalf;

 

105(1)        Form 8 of New Brunswick Regulation 92-47 under the Loan and Trust Companies Act is amended

 

 

(a)          in the portion preceding Part I by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs";

 

(b)          in section 28 by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

105(2)        Form 17 of the Regulation is amended by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

 

Marriage Act

106             Section 1 of the Marriage Act, chapter M-3 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

 

"Minister" means the Minister of Health;

 

Medical Services Payment Act

107(1)        Section 1 of the Medical Services Payment Act, chapter M-7 of the Revised Statutes, 1973, is amended

 

 

(a)          by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Health;

 

(b)          by repealing the definition "provincial authority" and substituting the following:

 

"provincial authority" means the Minister of Health and includes persons designated by the Minister to act on behalf of the Minister;

 

107(2)        Paragraph 2(1)(b) of the Act is amended by striking out "Department of Health and Wellness" and substituting "Department of Health".

 

107(3)        Paragraph 8(1)(i) of the Act is amended by striking out "Department of Health and Wellness" and substituting "Department of Health".

 

108             Section 2 of New Brunswick Regulation 84-20 under the Medical Services Payment Act is amended in the definition "Medicare Branch" by striking out "Department of Health and Wellness" and substituting "Department of Health".

 

 

109             Subsection 3(7) of New Brunswick Regulation 93-143 under the Medical Services Payment Act is amended by striking out "Department of Health and Wellness" and substituting "Department of Health".

 

 

Mental Health Act

110             Subsection 1(1) of the Mental Health Act, chapter M-10 of the Revised Statutes, 1973, is amended

 

(a)          by repealing the definition "Department" and substituting the following:

 

"Department" means the Department of Health;

 

(b)          by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Health and includes persons designated by the Minister under section 3.1 to act on the Minister's behalf;

 

Mental Health Services Act

111             Section 1 of the Mental Health Services Act, chapter M-10.2 of the Acts of New Brunswick, 1997, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Health;

 

Mining Act

112             Subsection 68(2) of the Mining Act, chapter M-14.1 of the Acts of New Brunswick, 1985, is amended by striking out "Minister of the Environment and Local Government" and substituting "Minister of Environment".

 

Motor Vehicle Act

113(1)        Section 84 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended

 

(a)          in paragraph (12)(a) by striking out "Minister of Health and Wellness" and substituting "Minister of Health";

 

(b)          in paragraph (12.01)(b) by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

113(2)        Subsection 301(2) of the Act is amended by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

Municipal Assistance Act

114(1)        Section 1 of the Municipal Assistance Act, chapter M-19 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Local Government and includes anyone designated by the Minister to act on the Minister's behalf;

 

114(2)        Subsection 3(1) of the Act is amended by striking out "Minister of the Environment and Local Government" wherever it appears and substituting "Minister".

 

114(3)        Section 4 of the Act is amended

 

(a)          in subsection (2) by striking out "Minister of the Environment and Local Government" and substituting "Minister";

 

(b)          in subsection (3) in the portion preceding paragraph (a) by striking out "Minister of the Environment and Local Government" and substituting "Minister".

 

114(4)        Section 5 of the Act is amended

 

(a)          in subsection (1) in the portion preceding paragraph (a) by striking out "Minister of the Environment and Local Government" and substituting "Minister";

 

(b)          in subsection (3) by striking out "Minister of the Environment and Local Government" and substituting "Minister";

 

(c)          in subsection (4) in the portion preceding paragraph (a) by striking out "Minister of the Environment and Local Government" and substituting "Minister";

 

(d)          in subsection (5) by striking out "Minister of the Environment and Local Government" wherever it appears and substituting "Minister";

 

 

(e)          in subsection (6) by striking out "Minister of the Environment and Local Government" wherever it appears and substituting "Minister".

 

 

114(5)        Section 5.01 of the Act is amended

 

(a)          in the portion preceding paragraph (a) by striking out "Minister of the Environment and Local Government" and substituting "Minister";

 

 

(b)          in paragraph (b) by striking out "Minister of the Environment and Local Government" and substituting "Minister";

 

(c)          in paragraph (c) by striking out "Minister of the Environment and Local Government" and substituting "Minister".

 

114(6)        Subsection 6.04(2) of the Act is amended by striking out "Minister" wherever it appears and substituting "Minister of Finance".

 

114(7)        Section 7 of the Act is amended

 

(a)          in subsection (2) in the portion preceding paragraph (a) by striking out "Minister of the Environment and Local Government" and substituting "Minister";

 

(b)          in subsection (3) in the portion preceding paragraph (a) by striking out "Minister of the Environment and Local Government" and substituting "Minister".

 

114(8)        Section 9 of the Act is amended

 

(a)          in subsection (1) by striking out "Minister of the Environment and Local Government" wherever it appears and substituting "Minister";

 

(b)          in subsection (2) by striking out "Minister of the Environment and Local Government" wherever it appears and substituting "Minister";

 

(c)          in subsection (2.1) by striking out "Minister of the Environment and Local Government" and substituting "Minister".

 

114(9)        Subsection 13(2) of the Act is amended by striking out "Minister of the Environment and Local Government" and substituting "Minister".

 

 

115(1)        Subsection 2(2) of New Brunswick Regulation 94-55 under the Municipal Assistance Act is amended by striking out "Minister of the Environment and Local Government" wherever it appears and substituting "Minister".

 

 

115(2)        Subsection 3(2) of the Regulation is amended by striking out "Minister of the Environment and Local Government" wherever it appears and substituting "Minister".

 

Municipal Capital Borrowing Act

116             Section 1 of the Municipal Capital Borrowing Act, chapter M-20 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Local Government.

 

 

Municipal Debentures Act

117             Section 1 of the Municipal Debentures Act, chapter M-21 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Local Government;

 

 

Municipal Elections Act

118(1)        Schedule A of New Brunswick Regulation 98-10 under the Municipal Elections Act is amended

 

 

(a)          in section 2 by striking out "Department of Health and Wellness" and substituting "Department of Health";

 

(b)          in section 3 by striking out "Department of the Environment and Local Government" and substituting "Department of Local Government".

 

 

118(2)        Form 16.2 of the Regulation is amended in Part C by striking out "Department of Health and Wellness" and substituting "Department of Health".

 

 

Municipalities Act

119(1)        Section 1 of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Local Government and includes anyone designated by the Minister to act on the Minister's behalf;

 

119(2)        Section 87.1 of the Act is amended

 

(a)          in paragraph (1)(b) by striking out "Minister of Finance" and substituting "Minister";

 

(b)          in paragraph (2)(b) by striking out "Minister of Finance" and substituting "Minister".

 

119(3)        Subsection 125(1) of the Act is amended by striking out "Minister of Health and Wellness" wherever it appears and substituting "Minister of Health".

 

 

120(1)        Form 1 of New Brunswick Regulation 84-168 under the Municipalities Act is amended by striking out "Environment and Local Government" wherever it appears and substituting "Local Government".

 

 

 

120(2)        Form 2 of the Regulation is amended by striking out "Environment and Local Government" wherever it appears and substituting "Local Government".

 

 

120(3)        Form 3 of the Regulation is amended by striking out "Environment and Local Government" wherever it appears and substituting "Local Government".

 

 

120(4)        Form 4 of the Regulation is amended by striking out "Environment and Local Government" wherever it appears and substituting "Local Government".

 

 

120(5)        Form 5 of the Regulation is amended by striking out "Environment and Local Government" wherever it appears and substituting "Local Government".

 

 

Natural Products Act

121             Section 3 of New Brunswick Regulation 86-118 under the Dairy Products Act is amended

 

 

(a)          in subsection (1) by striking out "Department of Health and Wellness" and substituting "Department of Health";

 

(b)          in subsection (2) by striking out "Department of Health and Wellness" and substituting "Department of Health";

 

(c)          in subsection (5)

 

(i)      in paragraph (a) by striking out "Department of Health and Wellness" and substituting "Department of Health";

 

(ii)     in paragraph (c) by striking out "Department of Health and Wellness" and substituting "Department of Health".

 

122             Section 6 of New Brunswick Regulation 84-159 under the Natural Products Grades Act is amended by striking out "Department of Health and Wellness" and substituting "Department of Health".

 

 

New Brunswick Municipal Finance Corporation Act

123(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 the Environment and Local Government" and substituting "Minister of Local Government";

 

 

(b)          in subsection (2) by striking out "Minister of the Environment and Local Government" and substituting "Minister of Local Government";

 

 

(c)          in subsection (3) in the portion preceding paragraph (a) by striking out "Minister of the Environment and Local Government" and substituting "Minister of Local Government";

 

(d)          in subsection (4) by striking out "Minister of the Environment and Local Government" wherever it appears and substituting "Minister of Local Government".

 

123(2)        Subsection 16(4) of the Act is amended by striking out "Minister of the Environment and Local Government" and substituting "Minister of Local Government".

 

New Brunswick Public Libraries Act

124             Section 1 of the New Brunswick Public Libraries Act, chapter N-7.01 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Post-Secondary Education and Training and includes anyone designated by the Minister to act on the Minister's behalf;

 

New Brunswick Public Libraries Foundation Act

125             Section 1 of the New Brunswick Public Libraries Foundation Act, chapter N-7.1 of the Acts of New Brunswick, 1997, is amended by repealing the definition "Minister" and substituting the following:

 

 

"Minister" means the Minister of Post-Secondary Education and Training and includes persons designated by the Minister to act on the Minister's behalf;

 

Notaries Public Act

126             Section 2 of the Notaries Public Act, chapter N-9 of the Revised Statutes, 1973, is amended by striking out "Minister of Justice" wherever it appears and substituting "Attorney General".

 

Occupational Health and Safety Act

127             Section 1 of the Occupational Health and Safety Act, chapter O-0.2 of the Acts of New Brunswick, 1983, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Post-Secondary Education and Training;

 

Official Languages Act

128             Section 33 of the Official Languages Act, chapter O-0.5 of the Acts of New Brunswick, 2002, is amended

 

 

(a)          in subsection (1) by striking out "Department of Health and Wellness" and substituting "Department of Health";

 

(b)          in subsection (2) in the portion preceding paragraph (a) by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

 

Off-Road Vehicle Act

129             Subparagraph 39.4(b)(v) of the Off-Road Vehicle Act, chapter O-1.5 of the Acts of New Brunswick, 1985, is amended by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

 

Partnerships and Business Names Registration Act

130(1)        Form 4 of New Brunswick Regulation 81-35 under the Partnerships and Business Names Registration Act is amended in section 2 of the portion under the heading "INSTRUCTIONS" by striking out "Department of Justice" and substituting "Service New Brunswick".

 

 

130(2)        Form 5 of the Regulation is amended in section 8 of the portion under the heading "INSTRUCTIONS" by striking out "Department of Justice" and substituting "Service New Brunswick".

 

 

130(3)        Form 6 of the Regulation is amended in section 1 of the portion under the heading "INSTRUCTIONS" by striking out "Department of Justice" and substituting "Service New Brunswick".

 

 

Pension Benefits Act

131             Subsection 1(1) of the Pension Benefits Act, chapter P-5.1 of the Acts of New Brunswick, 1987, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Justice and Consumer Affairs and includes any person designated by the Minister to act on the Minister's behalf;

 

Pesticides Control Act

132(1)        Section 1 of the Pesticides Control Act, chapter P-8 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Environment and includes any person designated by the Minister to act on the Minister's behalf;

 

132(2)        Section 3 of the Act is amended by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

 

132(3)        Subsection 4(1) of the Act is amended

 

(a)          in paragraph (c) by striking out "Department of the Environment and Local Government" and substituting "Department of Environment";

 

 

(b)          in paragraph (d) by striking out "Department of Health and Wellness" and substituting "Department of Health".

 

132(4)        Paragraph 8(1)(b) of the Act is amended by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

133(1)        Form 1 of New Brunswick Regulation 96-126 under the Pesticides Control Act is amended by striking out the heading "DEPARTMENT OF THE ENVIRONMENT AND LOCAL GOVERNMENT" and substituting the following:

 

 

DEPARTMENT OF ENVIRONMENT

 

133(2)        Form 2 of the Regulation is amended

 

(a)          by striking out the heading "DEPARTMENT OF THE ENVIRONMENT AND LOCAL GOVERNMENT" and substituting the following:

 

 

DEPARTMENT OF ENVIRONMENT

 

(b)          by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

Pipeline Act, 2005

134(1)        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 the Environment and Local Government" and substituting "Minister of Environment, the Minister of Local Government".

 

 

134(2)        Paragraph 27(2)(a) of the Act is amended by striking out "Minister of the Environment and Local Government" and substituting "Minister of Environment".

 

135             Subsection 22(2) of New Brunswick Regulation 2006-2 under the Pipeline Act, 2005, is amended by striking out "Minister of the Environment and Local Government" and substituting "Minister of Environment".

 

136             Section 8 of New Brunswick Regulation 2006-3 under the Pipeline Act, 2005, is amended

 

 

(a)          in subsection (1) in the definition "environmentally significant area" by striking out "Minister of the Environment and Local Government" and substituting "Minister of Environment";

 

 

(b)          in subsection (21) by striking out "Minister of the Environment and Local Government" and substituting "Minister of Environment".

 

 

Police Act

137(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 the Environment and Local Government" and substituting "Minister of Local Government".

 

137(2)        Section 17.06 of the Act is amended

 

(a)          in subsection (3) by striking out "Minister of the Environment and Local Government" and substituting "Minister of Local Government";

 

 

(b)          in subsection (4) by striking out "Minister of the Environment and Local Government" and substituting "Minister of Local Government".

 

 

137(3)        Paragraph 17.2(3)(b) of the Act is amended by striking out "Minister of the Environment and Local Government" and substituting "Minister of Local Government".

 

137(4)        Section 17.4 of the Act is amended

 

(a)          in subsection (3) by striking out "Minister of the Environment and Local Government" and substituting "Minister of Local Government";

 

 

(b)          in subsection (4) by striking out "Minister of the Environment and Local Government" and substituting "Minister of Local Government".

 

 

Pre-arranged Funeral Services Act

138             Section 1 of the Pre-arranged Funeral Services Act, chapter P-14 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

 

"Minister" means the Minister of Justice and Consumer Affairs and includes persons designated by the Minister under section 1.1 to act on the Minister's behalf;

 

139             Section 2 of New Brunswick 88-32 under the Pre-arranged Funeral Services Act is amended in the definition "Branch" by striking out "Department of Justice" and substituting "Department of Justice and Consumer Affairs".

 

 

Prescription Drug Payment Act

140             Section 1 of the Prescription Drug Payment Act, chapter P-15.01 of the Acts of New Brunswick, 1975, is amended

 

(a)          by repealing the definition "department" and substituting the following:

 

"department" means the Department of Health;

 

(b)          by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Health;

 

141             Section 2 of New Brunswick Regulation 84-170 under the Prescription Drug Payment Act is amended in the definition "Medicare Branch" by striking out "Department of Health and Wellness" and substituting "Department of Health".

 

 

Private Occupational Training Act

142             Section 1 of the Private Occupational Training Act, chapter P-16.1 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Post-Secondary Education and Training and includes persons designated by the Minister to act on the Minister's behalf;

 

Probate Court Act

143(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 substituting "Minister of Justice and Consumer Affairs".

 

 

143(2)        Subsection 12(2) of the Act is amended by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

 

143(3)        Section 19 of the Act is amended

 

(a)          in paragraph (1)(a) by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs";

 

(b)          in subsection (2) by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

143(4)        Subsection 20(4) of the Act is amended by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

 

Provincial Court Act

144(1)        Subsection 1(1) of the Provincial Court Act, chapter P-21 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Justice and Consumer Affairs and includes any person designated by the Minister to act on the Minister's behalf;

 

144(2)        Subsection 6.9(2.1) of the Act is amended by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

 

145             Section 18 of An Act to Amend the Provincial Court Act, chapter 22 of the Acts of New Brunswick, 1998, is amended in subsection 22.42(1) in the portion preceding paragraph (a) as enacted by section 18 by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

 

Provincial Offences Procedure Act

146(1)        The enacting clause of New Brunswick Regulation 91-50 under the Provincial Offences Procedure Act is amended by striking out "Attorney-General" and substituting "Attorney General".

 

 

146(2)        Section 7 of the Regulation is amended by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

Public Health Act

147             Section 1 of the Public Health Act, chapter P-22.4 of the Acts of New Brunswick, 1998, is amended

 

 

(a)          by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Health and includes persons designated by the Minister to act on the Minister's behalf;

 

(b)          in the definition "on-site sewage disposal system" by striking out "Minister of the Environment and Local Government" and substituting "Minister of Environment".

 

 

148(1)        Paragraph 4(2)(a) of An Act Respecting the Public Health Act, chapter 29 of the Acts of New Brunswick, 1998, is repealed and the following is substituted:

 

 

(a)          in subsection (1) by repealing the definition "Chief Medical Officer" and substituting the following:

 

"chief medical officer of health" means the chief medical officer of health appointed by the Minister of Health under the Public Health Act or the person appointed by the Minister of Health as the acting chief medical officer of health under that Act;

 

148(2)        Paragraph 9(1)(a) of the Act is repealed and the following is substituted:

 

(a)          in subsection (1) by striking out "Where the Minister of Health and Wellness under authority of the Health Act orders changes or additions to be made to an existing system of water works, sewage or sewage disposal by the municipality" and substituting "Where the Minister of Health under authority of the Public Health Act orders changes or additions to be made to an existing system of water works by the municipality";

 

 

 

Public Purchasing Act

149(1)        Section 34 of New Brunswick Regulation 94-157 under the Public Purchasing Act is amended in the portion preceding paragraph (a) by striking out "Department of Training and Employment Development" and substituting "Department of Post-Secondary Education and Training".

 

 

149(2)        Section 36 of the Regulation is repealed and the following is substituted:

 

36                The following special exemption from purchasing supplies through the Minister is made for the Department of Environment:

 

(a)          services and supplies for any of the purposes set out in paragraph 3(a) of the Environmental Trust Fund Act.

 

149(3)        The Regulation is amended by adding after section 36 the following:

 

36.1            The following special exemption from purchasing supplies through the Minister is made for the Department of Local Government:

 

(a)          solid waste collection services on behalf of local service districts.

 

149(4)        Section 38 of the Regulation is amended

 

(a)          in the portion preceding paragraph (a) by striking out "Department of Health and Wellness" and substituting "Department of Health";

 

(b)          in paragraph (a) by striking out "Department of Health and Wellness" and substituting "Department of Health".

 

149(5)        Section 38.1 of the Regulation is amended in the portion preceding paragraph (a) by striking out "Department of Justice" and substituting "Office of the Attorney General".

 

149(6)        Schedule A of the Regulation is amended

 

(a)          by striking out

 

Department of the Environment and Local Government

Department of Health and Wellness

Department of Intergovernmental and International Relations

Department of Justice

Department of Training and Employment Development

 

 

 

(b)          by adding the following in alphabetical order:

 

 

Department of Environment

Department of Health

Department of Intergovernmental Affairs

Department of Justice and Consumer Affairs

Department of Local Government

Department of Post-Secondary Education and Training

Department of Wellness, Culture and Sport

 

 

Public Service Labour Relations Act

150(1)        Section 1 of the Public Service Labour Relations Act, chapter P-25 of the Revised Statutes, 1973, is amended in the definition "person employed in a managerial or confidential capacity"

 

(a)          in paragraph (c) by striking out "Minister of Training and Employment Development" and substituting "Minister of Post-Secondary Education and Training";

 

(b)          in paragraph (d)

 

(i)      in the portion preceding subparagraph (i) by striking out "Minister of Training and Employment Development" and substituting "Minister of Post-Secondary Education and Training";

 

 

(ii)     in subparagraph (ii) by striking out "Minister of Training and Employment Development" and substituting "Minister of Post-Secondary Education and Training".

 

150(2)        The First Schedule of the Act is amended in Part I

 

(a)          by striking out

 

Department of the Environment and Local Government

Department of Health and Wellness

Department of Intergovernmental and International Relations

Department of Justice

Department of Training and Employment Development

 

 

 

(b)          by adding the following in alphabetical order:

 

 

Department of Environment

Department of Health

Department of Intergovernmental Affairs

Department of Justice and Consumer Affairs

Department of Local Government

Department of Post-Secondary Education and Training

Department of Wellness, Culture and Sport

 

 

Public Trustee Act

151             Section 1 of the Public Trustee Act, chapter P-26.5 of the Acts of New Brunswick, 2005, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister means the Minister of Justice and Consumer Affairs. (ministre)

 

Radiological Health Protection Act

152             Section 1 of the Radiological Health Protection Act, chapter R-0.1 of the Acts of New Brunswick, 1987, is amended by repealing the definition "Minister" and substituting the following:

 

 

"Minister" means the Minister of Health and includes a person designated by the Minister to act on behalf of the Minister;

 

153             New Brunswick Regulation 92-10 under the Radiological Health Protection Act is amended in Form 1 by striking out "Dept. of Health and Wellness" and substituting "Dept. of Health".

 

 

Real Estate Agents Act

154             Section 1 of the Real Estate Agents Act, chapter R-1 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Justice and Consumer Affairs and includes any person designated by the Minister to act on the Minister's behalf;

 

155(1)        Section 2 of New Brunswick Regulation 85-24 under the Real Estate Agents Act is amended

 

 

(a)          in the English version in the definition "licence" by striking out the semicolon at the end of the definition and substituting a period;

 

(b)          by repealing the definition "Minister".

 

155(2)        Form 1 of the Regulation is amended by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

 

Real Property Tax Act

156(1)        Section 4 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 the Environment and Local Government" and substituting "Minister of Local Government";

 

(b)          in paragraph (b) by striking out "Minister of the Environment and Local Government" and substituting "Minister of Local Government".

 

 

156(2)        Subsection 5(10) of the Act is amended by striking out "Minister of the Environment and Local Government" and substituting "Minister of Local Government".

 

157             Subsection 12(1) of New Brunswick Regulation 84-75 under the Real Property Tax Act is amended by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

 

Recording of Evidence by Sound Recording Machine Act

158(1)        Section 1 of the Recording of Evidence by Sound Recording Machine Act, chapter R-5 of the Revised Statutes, 1973, is amended in the definition "sound recording machine" by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

 

158(2)        Section 2 of the Act is amended by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

158(3)        Subsection 4(1) of the Act is amended by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

 

158(4)        Section 5 of the Act is amended by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

158(5)        Section 6 of the Act is amended

 

(a)          in subsection (1) by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs";

 

(b)          in subsection (2) by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

158(6)        Paragraph 7(b) of the Act is amended by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

158(7)        Subsection 8(3) of the Act is amended in the portion preceding paragraph (a) by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

Regional Health Authorities Act

159(1)        Section 1 of the Regional Health Authorities Act, chapter R-5.05 of the Acts of New Brunswick, 2002, is amended by repealing the definition "Minister" and substituting the following:

 

 

"Minister" means the Minister of Health and includes any person designated by the Minister to act on behalf of the Minister; (« Ministre »)

 

159(2)        Section 26 of the Act is amended

 

(a)          in subsection (1) by striking out "Department of Health and Wellness" and substituting "Department of Health";

 

(b)          in subsection (2) by striking out "Department of Health and Wellness" and substituting "Department of Health".

 

160             Paragraph 3(c) of New Brunswick Regulation 2002-27 under the Regional Health Authorities Act is amended by striking out "Department of Health and Wellness" and substituting "Department of Health".

 

The Residential Tenancies Act

161             Subsection 1(2) of The Residential Tenancies Act, chapter R-10.2 of the Acts of New Brunswick, 1975, is amended by striking out "Minister of Justice" and substituting "Minister of Justice and Consumer Affairs".

 

Right to Information Act

162             Schedule A of New Brunswick Regulation 85-68 under the Right to Information Act is amended

 

(a)          by striking out

 

Department of the Environment and Local Government

Department of Health and Wellness

Department of Intergovernmental and International Relations

Department of Justice

Department of Training and Employment Development

 

 

 

(b)          by adding the following in alphabetical order:

 

 

Department of Environment

Department of Health

Department of Intergovernmental Affairs

Department of Justice and Consumer Affairs

Department of Local Government

Department of Post-Secondary Education and Training

Department of Wellness, Culture and Sport

 

 

An Act Respecting Rural Communities

163             Subsection 91(6) of An Act Respecting Rural Communities, chapter 7 of the Acts of New Brunswick, 2005, is amended by striking out "Minister of the Environment and Local Government" and substituting "Minister of Local Government".

 

 

Securities Act

164             Subsection 1(1) of the Securities Act, chapter S-5.5 of the Acts of New Brunswick, 2004, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Justice and Consumer Affairs and includes any person designated by the Minister to act on the Minister's behalf. (ministre)

 

Service New Brunswick Act

165             Paragraph 15.1(3)(b) of the Service New Brunswick Act, chapter S-6.2 of the Acts of New Brunswick, 1989, is amended by striking out "Department of the Environment and Local Government" and substituting "Department of Local Government".

 

 

Sheriffs Act

166             Section 1 of the Sheriffs Act, chapter S-8 of the Revised Statutes, 1973, is amended

 

(a)          by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Justice and Consumer Affairs.

 

(b)          in the French version in the definition « shérif adjoint » by striking out the semicolon at the end of the definition and substituting a period.

 

Small Claims Act

167(1)        Section 1 of the Small Claims Act, chapter S-9.1 of the Acts of New Brunswick, 1997, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Justice and Consumer Affairs;

 

167(2)        Section 27 of the Act is amended by striking out "Minister of Justice" and substituting "Minister".

 

 

168             Paragraph 43(1)(k) of New Brunswick Regulation 98-84 under the Small Claims Act is amended by striking out "office of the Attorney General" and substituting "Office of the Attorney General".

 

 

Smoke-free Places Act

169             Subsection 1(1) of the Smoke-free Places Act, chapter S-9.5 of the Acts of New Brunswick, 2004, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Health. (ministre)

 

Society for the Prevention of Cruelty to Animals Act

170             Section 0.1 of the Society for the Prevention of Cruelty to Animals Act, chapter S-12 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Local Government and includes any person designated by the Minister to act on the Minister's behalf;

 

Special Insurance Companies Act

171             Section 1 of the Special Insurance Companies Act, chapter S-12.101 of the Acts of New Brunswick, 1995, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Justice and Consumer Affairs;

 

Support Enforcement Act

172             Section 1 of the Support Enforcement Act, chapter S-15.5 of the Acts of New Brunswick, 2005, is amended by repealing the definition "Minister" and substituting the following:

 

 

"Minister" means the Minister of Justice and Consumer Affairs and includes any person designated by the Minister to act on the Minister's behalf. (ministre)

 

Tobacco Sales Act

173             Section 1 of the Tobacco Sales Act, chapter T-6.1 of the Acts of New Brunswick, 1993, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Health and includes any person designated to act on the Minister's behalf;

 

Topsoil Preservation Act

174             Section 1 of the Topsoil Preservation Act, chapter T-7.1 of the Acts of New Brunswick, 1995, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Environment and includes any person designated by the Minister to act on the Minister's behalf;

 

175             Subsection 17(1) of New Brunswick Regulation 95-66 under the Topsoil Preservation Act is amended by striking out "Department of the Environment and Local Government" and substituting "Department of Environment".

 

Tourism Development Act

176(1)        Paragraph 6(1)(o) of New Brunswick Regulation 81-198 under the Tourism Development Act is amended by striking out "Department of Health and Wellness" and substituting "Department of Health".

 

 

176(2)        Section 11 of the Regulation is amended

 

(a)          in subsection (6.3) by striking out "Department of Health and Wellness and the Department of the Environment and Local Government" and substituting "Department of Health and the Department of Environment";

 

(b)          in subsection (7) by striking out "Department of Health and Wellness" and substituting "Department of Health".

 

Unsightly Premises Act

177             Section 1 of the Unsightly Premises Act, chapter U-2 of the Revised Statutes, 1973, is amended

 

(a)          by repealing the definition "Department" and substituting the following:

 

"Department" means the Department of Local Government;

 

(b)          by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Local Government and includes any person designated by the Minister to act on the Minister's behalf;

 

Venereal Disease Act

178             Section 2 of the Venereal Disease Act, chapter V-2 of the Revised Statutes, 1973, is amended by striking out "Minister of Health and Wellness" and substituting "Minister of Health".

 

Vital Statistics Act

179(1)        Section 1 of the Vital Statistics Act, chapter V-3 of the Acts of New Brunswick, 1979, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Health;

 

179(2)        Subsection 43(1) of the Act is amended by striking out "Department of Health and Wellness" and substituting "Department of Health".

 

Workers' Compensation Act

180(1)        Section 83.1 of the Workers' Compensation Act, chapter W-13 of the Revised Statutes, 1973, is amended

 

(a)          in subsection (1) by striking out "Department of Training and Employment Development" and substituting "Department of Post-Secondary Education and Training";

 

(b)          in subsection (3) by striking out "Department of Training and Employment Development" and substituting "Department of Post-Secondary Education and Training".

 

180(2)        Subsection 83.2 of the Act is amended

 

(a)          in subsection (1) by striking out "Department of Training and Employment Development" and substituting "Department of Post-Secondary Education and Training";

 

(b)          in subsection (3) by striking out "Department of Training and Employment Development" and substituting "Department of Post-Secondary Education and Training".

 

Workplace Health, Safety and Compensation Commission Act

181             Section 1 of the Workplace Health, Safety and Compensation Commission Act, chapter W-14 of the Acts of New Brunswick, 1994, is amended by repealing the definition "Minister" and substituting the following:

 

 

"Minister" means the Minister of Post-Secondary Education and Training.

 

Youth Assistance Act

182             Section 1 of the Youth Assistance Act, chapter Y-2 of the Acts of New Brunswick, 1984, is amended by repealing the definition "Minister" and substituting the following:

 

"Minister" means the Minister of Post-Secondary Education and Training and includes a person designated under section 2 to act on the Minister's behalf;

 

 

COMMENCEMENT

183             This Act shall be deemed to have come into force on February 14, 2006.

 

EXPLANATORY NOTES

 

Section 1

 

Changes are made to subsection 2(1) of the Executive Council Act which authorizes the appointment of Ministers from among members of the Executive Council. The names of the new Ministers are the Minister of Justice and Consumer Affairs, the Minister of Health, the Minister of Wellness, Culture and Sport, the Minister of Post-Secondary Education and Training, the Minister of Environment, the Minister of Local Government and the Minister of Intergovernmental Affairs.

 

 

Sections 2 to 5

 

Transitional provisions.

 

Sections 6 to 182

 

Consequential amendments.

 

Section 183

 

Commencement provision.