Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
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An Act to Amend the Executive Council Act

Legislature :
54
Session :
4
Bill No. :
13
Member :
Hon. Lord
First Reading :
2001-12-12
Second Reading :
2001-12-13
Committee of the Whole :
2001-12-21
Amended :
Third Reading :
2001-12-21
Royal Assent :
2001-12-21

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

1(1) Subsection 2(1) of the Executive Council Act, chapter E-12 of the Revised Statutes, 1973, is amended

       (a) by adding "a Minister of Tourism and Parks" after "a Minister of Business New Brunswick,";

       (b) by striking out "a Minister of Investment and Exports".

1(2) Section 4 of the Act is amended

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

4(1) The Lieutenant-Governor in Council may make regulations respecting the designation of a member or members of the Executive Council to act in the place and stead of
any other member of the Executive Council who is ill or absent from the Province and authorizing the Premier, or any member of the Executive Council designated to act in the
place and stead of the Premier, to make such designations.

       (b) by repealing subsection (1.1) and substituting the following:

4(1.1) During the period for which a member of the Executive Council is designated under subsection (1), he or she has all the powers vested in the member of the Executive
Council for whom he or she is acting.

2(1) Section 1 of New Brunswick Regulation 82-238 under the Executive Council Act is repealed and the following is substituted:

1 This Regulation may be cited as the Designation Regulation - Executive Council Act.

2(2) Section 2 of the Regulation is repealed and the following is substituted:

2(1) The Premier may designate the member or members of the Executive Council who are to act in the place and stead of the Premier or any other member of the Executive
Council who is ill or absent from the Province.

2(2) If the Premier is ill or absent from the Province, any member of the Executive Council designated under subsection (1) to act in the place and stead of the Premier may
designate the member or members of the Executive Council who are to act in the place and stead of that member or any other member of the Executive Council who is ill or
absent from the Province.

2(3) Section 3 of the Regulation is repealed and the following is substituted:

3 A designation under section 2 shall be filed with the Clerk of the Executive Council.

3 Where in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or other instrument or document related to tourism, reference is made to the
Minister, Deputy Minister or Department of Business New Brunswick or to the Minister, Deputy Minister or Department of Investment and Exports, it shall be read, unless
the context otherwise requires, as a reference to the Minister, Deputy Minister or Department of Tourism and Parks.

4(1) Any act or thing done from October 11, 2001 to the date of the enactment of this section, inclusive, by the Minister of Tourism and Parks in the exercise or performance
or intended exercise or performance of any right, power, duty, function, responsibility or authority transferred to, vested in or imposed on that Minister with respect to any Act,
or any particular matter or thing under the administration, supervision or control of that Minister

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

       (b) shall be deemed to constitute a valid exercise or performance of the right, power, duty, function, responsibility or authority transferred to, vested in or imposed on
       that Minister, and

       (c) is confirmed and ratified.

4(2) Nothing in paragraphs (1)(a) and (b) shall be taken as providing any indication that any right, power, duty, function, responsibility or authority transferred to, vested in
or imposed on the Minister of Tourism and Parks was not validly exercised or performed by that Minister.

5(1) The person appointed under section 3 of the Civil Service Act as the deputy head, Tourism and Parks, by virtue of Order in Council 2001-471, dated October 11, 2001,
shall be deemed to have been appointed under section 3 of the Civil Service Act as the deputy head of the Department of Tourism and Parks, effective October 11, 2001.

5(2) Any act or thing done from October 11, 2001 to the date of the enactment of this subsection, inclusive, by the deputy head of the Department of Tourism and Parks in the
exercise or performance or intended exercise or performance of any right, power, duty, function, responsibility or authority transferred to, vested in or imposed on that
deputy head,

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

       (b) shall be deemed to constitute a valid exercise or performance of the right, power, duty, function, responsibility or authority transferred to, vested in or imposed on
       that deputy head, and

       (c) is confirmed and ratified.

5(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 head of the Department of Tourism and Parks was not validly exercised or performed by that deputy head.

6 No action, application or any other proceeding to question or in which is questioned the validity of the appointment of the Minister of Tourism and Parks or the deputy
head of the Department of Tourism and Parks, or the authority of that Minister or deputy head to act in such capacity, shall lie or be instituted against the Crown in right of
the Province or

       (a) the Minister of Tourism and Parks, with respect to any act or thing done from October 11, 2001 to the date of the enactment of this section, inclusive, by that
       Minister in the exercise or performance or intended exercise or performance of any right, power, duty, function, responsibility or authority transferred to, vested in or
       imposed on that Minister with respect to any Act, or any particular matter or thing under the administration, supervision or control of that Minister,

       (b) the deputy head of the Department of Tourism and Parks, with respect to any act or thing done from October 11, 2001 to the date of the enactment of this section,
       inclusive, by that deputy head in the exercise or performance or intended exercise or performance of any right, power, duty, function, responsibility or authority
       transferred to, vested in or imposed on that deputy head, or

       (c) any other person appointed, assigned, designated or requested to assist the Minister of Tourism and Parks or the deputy head of the Department of Tourism and
       Parks 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 that Minister, with respect to a particular matter or thing under the administration, supervision or control of that Minister,
       or with respect to any right, power, duty, function, responsibility or authority that is transferred to, vested in or imposed on that deputy head, with respect to any act
       or thing done within the meaning of this paragraph, by the other person,

if that Minister, deputy head or other person acted in good faith in doing the act or thing.

                                                                                 Civil Service Act

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

       (a) by striking out

Department of Investment and Exports Tourism and Parks

       (b) by adding the following in alphabetical order:

Department of Tourism and Parks

                                                                           Economic Development Act

8(1) Section 1 of the Economic Development Act, chapter E-1.11 of the Acts of New Brunswick, 1975, is amended by repealing the definition "Minister" and substituting the
following:

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

8(2) Subsection 15(7) of the Act is amended by striking out "Minister of Investment and Exports" and substituting "Minister of Business New Brunswick".

                                                                           Financial Administration Act

9 Schedule A of New Brunswick Regulation 83-227 under the Financial Administration Act is amended

       (a) by striking out

Department of Investment and Exports Tourism and Parks

       (b) by adding the following in alphabetical order:

Department of Tourism and Parks

                                                                                 Income Tax Act

10(1) Section 3 of New Brunswick Regulation 97-138 under the Income Tax Act is amended

       (a) in subsection (1) by striking out "Minister of Investment and Exports" and substituting "Minister of Business New Brunswick";

       (b) in subsection (2) by striking out "Minister of Investment and Exports" and substituting "Minister of Business New Brunswick".

10(2) Section 4 of the Regulation is amended by striking out "Minister of Investment and Exports" and substituting "Minister of Business New Brunswick".

10(3) Paragraph 6(b) of the Regulation is amended by striking out "Minister of Investment and Exports" and substituting "Minister of Business New Brunswick".

10(4) Section 7 of the Regulation is amended

       (a) in subsection (1) by striking out "Minister of Investment and Exports" wherever it appears and substituting "Minister of Business New Brunswick";

       (b) in subsection (2) by striking out "Minister of Investment and Exports" and substituting "Minister of Business New Brunswick".

                                                                           Kings Landing Corporation

11(1) Section 1 of the Kings Landing Corporation Act, chapter K-1 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the
following:

"Minister" means the Minister of Tourism and Parks.

11(2) Subsection 3(1) of the Act is amended by striking out "Department of Business New Brunswick" and substituting "Department of Tourism and Parks".

                                                                               Municipalities Act

12 Subsection 188(3) of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is amended by striking out "Minister of Business New Brunswick" and
substituting "Minister of Tourism and Parks".

                                                                         New Brunswick Income Tax Act

13(1) Section 3 of New Brunswick Regulation 2001-12 under the New Brunswick Income Tax Act is amended

       (a) in subsection (1) by striking out "Minister of Investment and Exports" and substituting "Minister of Business New Brunswick";

       (b) in subsection (2) by striking out "Minister of Investment and Exports" and substituting "Minister of Business New Brunswick";

       (c) in subsection (3) by striking out "Minister of Investment and Exports" and substituting "Minister of Business New Brunswick".

13(2) Paragraph 5(b) of the Regulation is amended by striking out "Minister of Investment and Exports" and substituting "Minister of Business New Brunswick".

13(3) Section 6 of the Regulation is amended

       (a) in subsection (1) by striking out "Minister of Investment and Exports" wherever it appears and substituting "Minister of Business New Brunswick";

       (b) in subsection (2) by striking out "Minister of Investment and Exports" and substituting "Minister of Business New Brunswick".

                                                                                    Parks Act

14 Section 1 of the Parks Act, chapter P-2.1 of the Acts of New Brunswick, 1982, is amended

       (a) in paragraph (a) of the definition "Department" by striking out "Department of Business New Brunswick" and substituting "Department of Tourism and Parks";

       (b) in paragraph (a) of the definition "Minister" by striking out "Minister of Business New Brunswick" and substituting "Minister of Tourism and Parks".

                                                                              Public Purchasing Act

15(1) Section 41.2 of New Brunswick Regulation 94-157 under the Public Purchasing Act is amended in the portion preceding paragraph (a) by striking out "for Tourism
and Parks" and substituting "for the Department of Tourism and Parks".

15(2) Schedule A of the Regulation is amended

       (a) by striking out

Department of Investment and Exports Tourism and Parks

       (b) by adding the following in alphabetical order:

Department of Tourism and Parks

                                                                      Public Service Labour Relations Act

16 The First Schedule of the Public Service Labour Relations Act, chapter P-25 of the Revised Statutes, 1973, is amended in Part I

       (a) by striking out

Department of Investment and Exports Tourism and Parks

       (b) by adding the following in alphabetical order:

Department of Tourism and Parks

                                                                            Right to Information Act

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

       (a) by striking out

Department of Investment and Exports Tourism and Parks

       (b) by adding the following in alphabetical order:

Department of Tourism and Parks

                                                                         Security Frauds Prevention Act

18 Paragraph 4(b.1) of New Brunswick Regulation 84-128 under the Security Frauds Prevention Act is amended by striking out "Minister of Investment and Exports" and
substituting "Minister of Business New Brunswick".

                                                                            Tourism Development Act

19 Section 1 of the Tourism Development Act, chapter T-9 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:

"Minister" means the Minister of Tourism and Parks;

20(1) Form 1 of New Brunswick Regulation 81-198 under the Tourism Development Act is amended by striking out "DEPARTMENT OF BUSINESS NEW BRUNSWICK"
and substituting "DEPARTMENT OF TOURISM AND PARKS".

20(2) Form 5 of the Regulation is amended by striking out "Department of Business New Brunswick" and substituting "Department of Tourism and Parks".

                                                                                 Commencement

21 This Act, except subsection 1(2) and section 2, shall be deemed to have come into force on October 11, 2001.


 

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