BILL 29

An Act to Amend the New Brunswick Geographic Information Corporation Act

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

1(1)The title of the New Brunswick Geographic Information Corporation Act, chapter N-5.01 of the Acts of New Brunswick, 1989, is repealed and the following is substituted:

Service New Brunswick Act

1(2)Where in any Act other than this Act, or in any regulation, rule, order, by-law, agreement or other instrument reference is made to the New Brunswick Geographic Information Act or the New Brunswick Geographic Information Corporation, it shall be read, unless the context otherwise requires, as a reference to the Service New Brunswick Act and Service New Brunswick, respectively.

2Section 1 of the Act is amended by repealing the definition "Corporation" and substituting the following:

"Corporation" means the body corporate continued under section 2 under the name Service New Brunswick;

3Section 2 of the Act is amended

(a)by repealing subsection (1);

(b)by adding before subsection (2) the following:

2(1.1)The New Brunswick Geographic Information Corporation, established as a body corporate under subsection 2(1) of the New Brunswick Geographic Information Corporation Act, chapter N-5.01 of the Acts of New Brunswick, 1989, is continued as a body corporate under the name Service New Brunswick.

2(1.2)The change in the name of the Corporation does not affect the rights and obligations of the Corporation and all proceedings may be continued or commenced by or against the Corporation under its new name that might have been continued or commenced by or against the Corporation under its former name.

2(1.3)The Corporation consists of those persons who from time to time comprise the board of directors.

4Section 4 of the Act is amended

(a)in paragraph (g) by striking out "and" at the end of the paragraph;

(b) by adding after paragraph (g) the following:

(g.1)to be the principal provider for the Government of the Province of non-specialized customer services, through both physical offices and electronic channels;

(g.2)to promote standards for the provision of customer services;

(g.3)to promote the re-engineering of government services provided to the public;

(g.4)to provide consulting services in the area of government services delivery;

(g.5)to establish the Corporation as the primary organization for the marketing of intellectual property created or acquired by the Province;

(g.6)to produce and to sell services and products; and

5The Act is amended by adding after section 15.1 the following:

15.2(1)The Corporation may charge fees in respect of any customer services provided on behalf of the Province, a municipality or a public or private body or person.

15.2(2) Fees charged by the Corporation under subsection (1) may be based on unit pricing.

6Section 16 of the Act is repealed and the following is substituted:

16All money received from the sale or provision of information, services or products, or otherwise accruing in the administration of this Act or any other Act of the Legislature assigned to the Corporation, except money collected on behalf of the Province, shall be paid to the Corporation.

7Subsection 19(4) of the Act is repealed.

Agricultural Land Protection and
Development Act

8Paragraph 8(c) of the Agricultural Land Protection and Development Act, chapter A-5.11 of the Acts of New Brunswick, 1996, is amended by striking out "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick".

Assessment Act

9Section 1 of the Assessment Act, chapter A-14 of the Revised Statutes, 1973, is amended by repealing the definition "Director" and substituting the following:

"Director" means the Executive Director of Assessment as appointed by Service New Brunswick and includes any person designated by the Director to act on the Director's behalf;

Boundaries Confirmation Act

10(1)Section 1 of the Boundaries Confirmation Act, chapter B-7.2 of the Acts of New Brunswick, 1994, is amended by repealing the definition "Registrar General" and substituting the following:

"Registrar General" means the Registrar General of Land Titles appointed by the Lieutenant-Governor in Council under section 5 of the Land Titles Act and includes the Deputy Registrars General and any person designated by Service New Brunswick to perform any of the duties or exercise any of the powers of the Registrar General under this Act or the regulations;

10(2)Section 3 of the Act is repealed and the following is substituted:

3Service New Brunswick is responsible for the administration of this Act.

10(3)Section 4 of the Act is amended by striking out "The New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick".

10(4)Section 18 of the Act is amended

(a)in subsection (1) by striking out "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick";

(b)in subsection (2) by striking out "The New Brunswick Geographic Information Corporation" and "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick";

(c)in subsection (3) by striking out "The New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick".

10(5)Section 20 of the Act is amended

(a)in subsection (1) bystriking out "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick";

(b)in subsection (2) bystriking out "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick".

Clean Water Act

11(1)Paragraph 14(5)(b) of the Clean Water Act, chapter C-6.1 of the Acts of New Brunswick, 1989, is amended

(a)in the portion preceding subparagraph (i) by striking out "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick";

(b)in subparagraph (i) by striking out "New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick".

11(2)Subsection 14.1(4) of the Act is amended by striking out "New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick".

11(3)Section 14.3 of the Act is amended by striking out "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick".

Elections Act

12Schedule A of the Elections Act, chapter E-3 of the Revised Statutes, 1973, is amended in paragraph (g) by striking out "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick".

Land Titles Act

13(1)Section 3 of the Land Titles Act, chapter L-1.1 of the Acts of New Brunswick, 1981, is amended by repealing the definition "Registrar General" and substituting the following:

"Registrar General" means the Registrar General of Land Titles and the Deputy Registrar General of Land Titles appointed under section 5 and includes any person designated by Service New Brunswick to perform any of the duties assigned to the Registrar General under this Act;

13(2)Section 4 of the Act is amended by striking out "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick".

13(3)Section 5 of the Act is amended

(a)in subsection (3) by striking out "The New Brunswick Geographic Information Corporation" and "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick";

(b)in subsection (4) by striking out "The New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick";

(c)by repealing subsection (5) and substituting the following:

5(5)Except in the case of the Registrar General and Deputy Registrar General who shall be paid such remuneration as the Lieutenant-Governor in Council determines, the registrars and deputy registrars shall be paid such remuneration as Service New Brunswick determines, and all costs and fees received by the registrars and deputy registrars, including the Registrar General and Deputy Registrar General, shall be paid to Service New Brunswick.

13(4)Section 6 of the Act is repealed and the following is substituted:

6Service New Brunswick may designate any person to perform any of the duties or exercise any of the powers of the Registrar General and shall specify the duties to be performed or powers to be exercised by the person so designated.

13(5)Section 7 of the Act is amended by striking out "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick".

13(6)Section 10 of the Act is amended by striking out "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick".

13(7)Subsection 74(1) of the Act is amended by striking out "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick".

13(8)Subsection 80(7) of the Act is amended by striking out "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick".

Municipalities Act

14Subsection 27.01(2) of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is amended by striking out "New Brunswick Geographic Information Corporation Act" and substituting "Service New Brunswick Act".

Personal Property Security Act

15(1)Subsection 42(2) of the Personal Property Security Act, chapter P-7.1, of the Acts of New Brunswick, 1993, is amended by striking out "The New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick".

15(2)Section 52 of the Act is amended

(a)in subsection (1) by striking out "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick";

(b)in subsection (2) in the portion preceding paragraph (a) by striking out "The New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick";

(c)in subsection (3) in the portion preceding paragraph (a) by striking out "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick";

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

52(4)Notwithstanding the Proceedings Against the Crown Act, no action may be brought against the Crown in right of the Province, Service New Brunswick, the Registrar, a Deputy Registrar or an officer, employee or agent of Service New Brunswick or the Registry for any error or omission of the Registrar, Deputy Registrar, officer, employee or agent of Service New Brunswick or the Registry in respect of the discharge or purported discharge of any duty or function under this Act or the regulations or any other Act or the regulations under that Act, except as provided in this section and in section 53.

15(3)Section 53 of the Act is amended

(a)in subsection (1) by striking out "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick";

(b)in subsection (4) by striking out "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick".

15(4)Subsection 54(4) of the Act is amended by striking out "the New Brunswick Geographic Information Corporation" wherever it appears and substituting "Service New Brunswick".

Proceedings Against the Crown Act

16Section 1 of the Proceedings Against the Crown Act, chapter P-18 of the Revised Statutes, 1973, is amended in the definition "Crown Corporation" by striking out "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick".

Public Service Labour Relations Act

17Part I of the First Schedule of the Public Service Labour Relations Act, chapter P-25 of the Revised Statutes, 1973, is amended

(a)by deleting

New Brunswick Geographic Information Corporation

(b)by adding after

Regional Development Corporation

the following:

Service New Brunswick

Registry Act

18(1)Section 2 of the Registry Act, chapter R-6 of the Revised Statutes, 1973, is repealed and the following is substituted:

2Service New Brunswick is charged with the general supervision of this Act.

18(2)Section 4 of the Act is amended

(a)in subsection (1) by striking out "The New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick";

(b)in subsection (2) by striking out "The New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick".

18(3)Section 6 of the Act is amended

(a)in subsection (2) by striking out "the New Brunswick Geographic Information Corporation" wherever it appears and substituting "Service New Brunswick";

(b)in subsection (3) by striking out "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick";

(c)in subsection (5)

(i)in the portion preceding paragraph (a) by striking out "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick";

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

(c)shall perform such other duties with respect to the office of registrar or deputy registrar throughout the Province as Service New Brunswick may direct; and

(iii)in paragraph (d) by striking out "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick".

18(4)Section 7 of the Act is amended by striking out "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick".

18(5)Section 13 of the Act is amended by striking out "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick".

18(6)Subsection 15(1) of the Act is amended by striking out "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick".

18(7)Subsection 15.1(1) of the Act is amended in the portion preceding paragraph (a) by striking out "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick".

18(8)Section 17 of the Act is amended in the portion preceding paragraph (a) by striking out "the New Brunswick Geographic Information Corporation" and substituting "Service New Brunswick".

Residential Property Tax Relief Act

19(1)Section 1 of the Residential Property Tax Relief Act, chapter R-10 of the Revised Statutes, 1973, is amended

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

"Administrator" means the administrator of the Residential Property Tax Relief Act as appointed by Service New Brunswick and includes any person designated in writing by the Administrator to act on behalf of the Administrator;

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

"Director" means the Executive Director of Assessment of Service New Brunswick and includes any person designated in writing by the Executive Director to act on behalf of the Executive Director;

19(2)Subsection 10(3) of the Act is repealed and the following is substituted:

10(3)The Administrator may designate in writing any person employed by Service New Brunswick to act on behalf of the Administrator for the purposes of this section.

Surveys Act

20(1)Section 1 of the Surveys Act, chapter S-17 of the Revised Statutes, 1973, is amended by repealing the definition "Corporation".

20(2)Section 2 of the Act is amended by striking out "The Corporation" and substituting "Service New Brunswick".

20(3)Subsection 3(1) of the Act is amended by striking out "the Corporation" and substituting "Service New Brunswick".

20(4)Subsection 11(2) of the Act is amended by striking out "the Corporation" and substituting "Service New Brunswick".

20(5)Section 13 of the Act is amended by striking out "the Minister" and substituting "Service New Brunswick".

21This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

EXPLANATORY NOTES

Section 1

The title of the New Brunswick Geographic Information Corporation Act is changed to the Service New Brunswick Act.

Section 2

The definition "Corporation" is changed to reflect the change in the name of the New Brunswick Geographic Information Corporation to Service New Brunswick.

Section 3

The New Brunswick Geographic Corporation is continued as a body corporate under the name Service New Brunswick which consists of those persons who from time to time comprise the board of directors.

Section 4

(a)This amendment is consequential on the amendment made in paragraph 4(b) of this amending Act.

(b)The objects and purposes of Service New Brunswick are expanded to reflect its new mandate.

Section 5

Service New Brunswick is authorized to charge fees in accordance with the new section 15.2.

Section 6

The existing provision, which is as follows, is amended to reflect the manner in which money received by Service New Brunswick is to be dealt with:

16All money received from the sale of information, services, or products, or otherwise accruing in the administration of this Act or any other Act of the Legislature assigned to the Corporation, except money collected on behalf of the Province under the Real Property Transfer Tax Act, shall be paid to the Corporation.

Section 7

The requirement that all expenditures and outlays of a capital nature of Service New Brunswick in excess of one hundred thousand dollars be approved in advance by the Board of Management is deleted.

Sections 8 to 20

These amendments are consequential on the amendments made in sections 1, 2 and 3 of this amending Act.

Section 21

Commencement provision.

Chapter Outline Update

Section 1

Strike out the title of the New Brunswick Geographic Information Corporation Act and substitute the following:

Service New Brunswick Act

Section 2

No change required.

Section 3

Strike out the entry for section 2 and substitute the following:

Service New Brunswick 2

Section 4

No change required.

Section 5

Add the following after section 15.1:

Corporation may charge fees 15.2

Section 6

No change required.

Section 7

Strike out the entry for subsection 19(4) and substitute the following:

Repealed 19(4)

Sections 8 to 12

No change required.

Section 13

In the entry for section 6, strike out "New Brunswick Geographic Information Corporation" and substitute "Service New Brunswick".

Sections 14 to 19

No change required.

Section 20

In the entry for section 1 strike out

Corporation -- Corporation

Section 21

Commencement provision.


Last Modified: 12:36pm , December 22, 1997