Acts and Regulations

2013, c.27 - Accountability and Continuous Improvement Act

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Current to 1 January 2024
CHAPTER 2013, c.27
Accountability and Continuous Improvement Act
Assented to June 21, 2013
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definitions
1The following definitions apply in this Act.
“annual plan” Repealed: 2022, c.29, s.1
“annual report” means a report approved under section 5.(rapport annuel)
“business plan” means a plan approved under section 4.(plan d’affaires)
“Crown body” means an organization or body prescribed by regulation.(organisme de la Couronne)
“Crown corporation” means a board, Crown corporation or commission listed under Part IV of the First Schedule of the Public Service Labour Relations Act. (société de la Couronne)
“Crown entity” means a department over which a member of the Executive Council presides or a Crown body.(entité de la Couronne)
“memorandum of understanding” means a memorandum approved or amended under section 6.(protocole d’entente)
“responsible minister” means the Minister responsible for a Crown entity.(ministre responsable)
2022, c.29, s.1
Application of this Act
2This Act applies to all Crown entities.
Categories of Crown bodies
2022, c.29, s.2
2.1The Lieutenant-Governor in Council may make regulations prescribing Crown bodies and dividing the Crown bodies into two categories, being Category 1 and Category 2.
2022, c.29, s.2
Mandate letter
3(1)The responsible minister for a Category 1 Crown body shall prepare a mandate letter within 12 months after the polling day of each provincial general election held under the Elections Act.
3(2)A mandate letter shall be in the form approved by Executive Council, which form may be different for different Crown bodies.
3(3)A mandate letter shall be addressed to the Chair of the Crown body, if any, and shall include
(a) strategic and operational direction within the authority of the responsible minister,
(b) performance expectations of the Crown body, and
(c) any other information required by Executive Council.
3(4) Before it is provided to the Crown body, a mandate letter shall be approved by Executive Council.
3(5)The responsible minister may amend a mandate letter if required, and subsection (4) applies with the necessary modifications to an amendment of a mandate letter.
3(6)A Crown body shall make the mandate letter public, including an amended mandate letter, by publishing it online no later than 30 days after it was received from the responsible minister.
2022, c.29, s.3
Business Plan
2022, c.29, s.4
4(1)A Category 1 Crown body shall prepare a business plan covering the period determined by the Crown body, subject to the approval of the responsible minister.
4(2)The business plan of a Crown body shall
(a) set out the goals and objectives to be met during the period covered by the plan taking into account
(i) the strategic direction of the government in the area of the Crown body’s mandate as communicated to the Crown body by the responsible minister,
(ii) the Crown body’s mandate as set out in the Act or other instrument creating it, and
(iii) the financial resources of the Crown body,
(b) identify objective performance measures specific to the goals and objectives set out in the plan,
(c) include a statement indicating that the Minister of the Crown or the chair of the Crown body, as the case may be, is accountable for the preparation of the plan and for achieving the specific goals and objectives of the plan, and
(d) contain any other information prescribed by regulation, if any.
4(3)A business plan shall be signed by the chair of the Crown body and submitted to the responsible minister on or before a date set by Executive Council.
4(4)The responsible minister shall approve a business plan if satisfied the plan is in keeping with
(a) the strategic direction of the government in the area of the Crown body’s mandate as communicated to it by the responsible minister,
(b) the mandate of the Crown body, and
(c) the financial resources of the Crown body.
4(5)The Crown body shall make the business plan public by publishing it online within three months after its approval.
2022, c.29, s.5
Preparation of annual report
2022, c.29, s.6
5(1)Each Crown entity shall prepare an annual report on its preceding fiscal year.
5(2)An annual report for a Crown entity that is a department or a Category 1 Crown body shall include
(a) if the Crown entity is required to prepare an audited financial statement, the audited financial statement,
(b) a comparison of the actual results to the projected results set out in the business plan, and if there is a variance between the results for the fiscal year, an explanation of the variance,
(c) a statement indicating that the Minister of the Crown or the chair of the Crown entity, as the case may be, is accountable for the preparation of the annual report and for achieving the specific goals and objectives of the report, and
(d) any other information required by the responsible minister.
5(3)An annual report for a Crown entity that is a Category 2 Crown body shall include
(a) information relating to the activities undertaken by the Crown entity during the fiscal year in carrying out its mandate, and
(b) any other information required by the responsible minister.
5(4)An annual report shall be provided to the responsible minister or the chair of the Crown entity, as the case may be, who shall sign and approve the annual report.
2022, c.29, s.6
Filing of annual report
2022, c.29, s.7
5.1(1)The approved annual report of a Crown entity that is a department or a Category 1 Crown body shall be filed with the Clerk of the Legislative Assembly on or before a date prescribed by regulation.
5.1(2)Despite subsection (1), Executive Council may grant an extension of the time to file an annual report for no more than six months.
2022, c.29, s.7
Publication of annual report
2022, c.29, s.7
5.2(1)A Crown entity that is a department or a Category 1 Crown body shall make the approved annual report public by publishing it online as soon as possible after it is filed with the Clerk of the Legislative Assembly.
5.2(2)A Crown entity that is a Category 2 Crown body shall make the approved annual report public by publishing it online within six months after the end of its fiscal year.
5.2(3)Despite subsection (2), the responsible minister may grant an extension of the time to publish an annual report by a Category 2 Crown body for no more than six months.
2022, c.29, s.7
Memorandum of understanding
6(1)Within three months after the commencement of this section or within three months of an entity becoming a Crown corporation, the responsible minister and the Crown corporation shall jointly develop a memorandum of understanding that shall contain the following:
(a) the Crown corporation’s mandate;
(b) the roles and responsibilities of the Crown corporation, the members of the Board of the Crown corporation, the chief executive office of the Crown corporation, if any, and the responsible minister and Deputy Minister;
(c) the Crown corporation and the responsible minister’s mutual expectations in respect of communication, collaboration and consultation with each other;
(d) the financial, staffing and administrative arrangements for the Crown corporation;
(e) the requirement for providing quarterly financial reports to the responsible minister;
(f) any other information required by Executive Council.
6(2)A memorandum of understanding shall be reviewed and extended, amended or replaced three years after the date on which it was developed and every three years after that date.
6(3)A memorandum of understanding may be amended at any time by the Crown corporation and the responsible minister.
2022, c.29, s.8
Disclosure harmful to a business or financial interests
7(1)A Crown entity may refuse to disclose any information required to be disclosed under this Act that would reveal commercial, financial, labour relations, scientific or technical information the disclosure of which could reasonably be expected to
(a) harm the competitive position of the Crown entity, or
(b) interfere with contractual or other negotiations of the Crown entity.
7(2)If subsection (1) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, subsection (1) prevails.
Regulations
8(1)The Lieutenant-Governor in Council may make regulations
(a) prescribing information for the purposes of paragraph 4(2)(d);
(b) prescribing a date or dates for the purposes of subsection 5.1(1);
(c) Repealed: 2022, c.29, s.9
(d) exempting Crown entities from the filing of an annual report;
(e) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(f) respecting any other matter that may be necessary for the proper administration of this Act.
8(2)Repealed: 2022, c.29, s.9
2022, c.29, s.9
Conditional amendments
Repealed: 2022, c.29, s.10
2022, c.29, s.10
9Repealed: 2022, c.29, s.11
2022, c.29, s.11
Commencement
10This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
SCHEDULE A
Repealed: 2022, c.29, s.12
2013, c.27, s.9; 2014-94; 2014, c.48, s.45; 2015, c.2, s.59; 2015, c.3, s.16; 2015, c.44, s.82; 2016, c.28, s.80; 2016, c.33, s.17; 2016, c.34, s.16; 2017, c.3, s.29; 2017, c.45, s.1; 2022, c.29, s.12
N.B. This Act was proclaimed and came into force August 15, 2014.
N.B. This Act is consolidated to January 1, 2023.