BILL 18

Order of New Brunswick Act

Chapter Outline

Definitions 1

council - conseil

Executive Council - Conseil exécutif

Order - Ordre

Order of New Brunswick established 2

Object of Order 3

Chancellor 4

Precedence 5

Membership 6

Privileges of Order 7

Eligibility for membership 8

Nomination process 9

Council to consider nominations 10

Approval for membership and investiture 11

Resignation from Order and termination of membership 12

Offence and penalty 13

Council established 14

Duties of council 15

Secretary of council 16

Commencement 17

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

Definitions

1 In this Act

"council" means the Order of New Brunswick Advisory Council established under section 14; («conseil»)

"Executive Council" means the Executive Council of the Province; («Conseil exécutif»)

"Order" means the Order of New Brunswick established under section 2. («Ordre»)

Order of New Brunswick established

2 The Order of New Brunswick is hereby established.

Object of Order

3 The object of the Order is to recognize individuals who have demonstrated excellence and achievement and who have made outstanding contributions to the social, cultural or economic well-being of New Brunswick and its residents.

Chancellor

4 The Lieutenant-Governor is the Chancellor of the Order by virtue of his or her office.

Precedence

5 The Order is the highest honour of New Brunswick and takes precedence over all other orders, decorations and medals conferred by the Crown in right of New Brunswick.

Membership

6(1) Subject to section 12, on being invested with the Order, a person is a member of the Order for life.

6(2) A member of the Order shall receive a certificate signed by the Chancellor and sealed with the Great Seal of the Province as evidence of membership and shall be presented with the insignia of the Order.

Privileges of Order

7 A member of the Order is entitled to wear the insignia of the Order as a decoration and to use the initials "O.N.B." after his or her name.

Eligibility for membership

8(1) Canadian citizens who are current or former long-term residents of New Brunswick are eligible to be nominated for and to receive the Order.

8(2) Notwithstanding subsection (1), the following are not eligible to be nominated for or to receive the Order while they are in office:

(a) members of the Legislative Assembly, the House of Commons of Canada or the Senate; and

(b) judges of any court.

8(3) Notwithstanding any other provision of this Act, the Order may be conferred posthumously

(a) in respect of any individual who dies after his or her name is submitted by the council to the Executive Council under section 10, and

.

(b) in any year, in exceptional circumstances, in respect of one individual who is nominated after his or her death.

Nomination process

9 Any individual or organization may nominate an individual for the Order by submitting the name of the individual to the secretary of the council.

Council to consider nominations

10 The council shall consider nominations received under section 9, and shall submit to the Executive Council the names of not more than ten individuals in each year who, in the opinion of the council, are worthy of receiving the Order.

Approval for membership and investiture

11(1) The Lieutenant-Governor in Council shall, from the names submitted under section 10, approve for membership those individuals who are to be invested with the Order.

11(2) The Chancellor shall invest with the Order those individuals approved for membership under subsection (1).

Resignation from Order and termination of membership

12(1) A member of the Order may resign from the Order by giving written notice of intention to resign, signed by the member, to the Chancellor.

12(2) On the recommendation of the council and with the approval of the Lieutenant-Governor in Council, the Chancellor shall terminate a person's membership in the Order.

12(3) A person who ceases to be a member of the Order under subsection (1) or (2) shall immediately return to the secretary of the council the certificate and the insignia of the Order that were presented to him or her on investiture with the Order.

Offence and penalty

13 A person who is not a member of the Order commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence if he or she

(a) holds himself or herself out as a member of the Order,

(b) wears or uses the insignia of the Order, or

(c) uses the initials of the Order after his or her name.

Council established

14(1) There shall be an advisory council, to be known as the Order of New Brunswick Advisory Council, consisting of

(a) a chairperson, to be appointed by the Executive Council for a term of not more than three years,

(b) three members, each of whom is a member by virtue of his or her office, of whom

(i) one is either the Chief Justice of New Brunswick or the Chief Justice of The Court of Queen's Bench of New Brunswick, alternating with each other for terms of three years,

(ii) one is the Clerk of the Executive Council, and

(iii) one is the President of The University of New Brunswick, Mount Allison University, St. Thomas University or the Université de Moncton, and

(c) three to five other members, each of whom shall be a resident of New Brunswick, to be appointed by the Executive Council for a term of not more than three years.

14(2) The presidents of the universities shall serve on a rotating basis in the order they appear in subparagraph (1)(b)(iii), for terms of not more than three years as determined by the Executive Council.

14(3) The chairperson and the members of the council appointed under paragraph (1)(c) are eligible for reappointment for one additional term of not more than three years.

14(4) The chairperson and members of the council are not entitled to any remuneration, but may be reimbursed for expenses reasonably incurred in carrying out their responsibilities in accordance with the rates established by the Board of Management for the employees of the public service.

Duties of council

15(1) The council shall meet at least once in each year

(a) for the purpose set out in section 10, and

(b) for the purpose of discussing any matters related to the technical aspects of the Order that the council considers necessary.

15(2) The council may determine the procedures for the conduct of its business.

Secretary of council

16 The Executive Council may appoint a secretary of the council who shall

(a) maintain the records of the Order and the council,

(b) receive nominations for the Order on behalf of the council under section 9,

(c) make the arrangements associated with investitures, and

(d) perform any other functions with respect to the Order that the council may require.

Commencement

17 This Act comes into force on January 1, 2001.