Acts and Regulations

E-12 - Executive Council Act

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Full text
Repealed on 1 September 2011
CHAPTER E-12
Executive Council Act
Repealed: R.S.N.B. 2011, Schedule A
Executive Council, composition of
1The Executive Council shall be composed of such persons as the Lieutenant-Governor from time to time thinks fit.
R.S., c.75, s.1
Ministers, appointment of
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 Transportation and Infrastructure, a Minister of Natural Resources, a Minister of Energy, a Minister of Agriculture, Aquaculture and Fisheries, a Minister of Health, a Minister of Wellness, Culture and Sport, a Minister of Social Development, a Minister of Human Resources, a Minister of Post-Secondary Education, Training and Labour, a Minister of Education and Early Childhood Development, a Minister of Environment, a Minister of Local Government, a Minister of Economic Development, a Minister of Tourism and Parks and a Minister of Intergovernmental Affairs.
2(2)The initial appointments of the President of the Executive Council and the Minister of Housing under subsection (1) may take effect on or after October 3, 1985, as specified in the order making the appointment.
R.S., c.75, s.2; 1954, c.39, s.1; 1960-61, c.40, s.1; 1961-62, c.19, s.1; 1963(2nd Sess.), c.20, s.1; 1966, c.53, s.1; 1967, c.38, s.1; 1968, c.27, s.1; 1971, c.31, s.1; 1972, c.28, s.1, 2; 1975, c.20, s.1; 1975, c.77, s.1; 1976, c.22, s.1; 1978, c.D-11.2, s.19; 1979, c.19, s.1; 1980, c.20, s.1; 1983, c.30, s.1; 1983, c.57, s.12; 1984, c.44, s.14; 1986, c.33, s.1; 1988, c.11, s.1; 1988, c.12, s.1; 1989, c.54, s.1; 1989, c.55, s.1; 1992, c.2, s.1; 1994, c.59, s.1; 1995, c.50, s.1; 1998, c.41, s.1; 2000, c.26, s.1; 2001, c.41, s.1; 2003, c.23, s.1; 2004, c.20, s.1; 2004, c.32, s.1; 2006, c.16, s.1; 2007, c.10, s.1; 2008, c.6, s.1; 2010, c.31, s.1
Duties
3(1)The Lieutenant-Governor in Council may by Order in Council, from time to time, prescribe the duties of the Ministers, any other member of the Executive Council, any departments over which the Ministers and other members of the Executive Council preside, and the officers and clerks of those departments.
Duties
3(2)Any right, power, duty, function, responsibility or authority vested in or imposed on any Minister or other member of the Executive Council before or after the commencement of this subsection by or under any Act of the Legislature or of the Parliament of Canada may be transferred to, vested in, or imposed on such other member of the Executive Council as the Lieutenant-Governor in Council designates, and when such designation is made, it is deemed to have been made on such date as is fixed by the Lieutenant-Governor in Council.
Transfer of administration and control of property
3(3)The Lieutenant-Governor in Council may transfer the administration and control of property held by a member of the Executive Council in the name of Her Majesty in right of the Province
(a) to such other member of the Executive Council as the Lieutenant-Governor in Council designates, or
(b) to Her Majesty in right of Canada,
subject to such terms and conditions as the Lieutenant-Governor in Council may prescribe.
Transfer of administration and control of property
3(4)The Lieutenant-Governor in Council may accept the transfer of the administration and control of property from Her Majesty in right of Canada, and may designate a member of the Executive Council to hold the property in the name of Her Majesty in right of the Province, subject to such terms and conditions as the Lieutenant-Governor in Council may prescribe.
Transfer of administration and control of property
3(5)Notwithstanding paragraph (3)(a), a member of the Executive Council may transfer the administration and control of property held by the member in the name of Her Majesty in right of the Province to another member of the Executive Council on such terms as the member may prescribe if that other member, in the document conveying the administration and control of the property, signs the document accepting the transfer and the terms and conditions prescribed.
Report to Executive Council
3(6)Where a member of the Executive Council transfers the administration and control of a property under subsection (5), the member shall provide to Executive Council a report on all such transactions in such form as is approved by Executive Council.
Report to Executive Council
3(7)A report under subsection (6) shall be submitted no later than twelve months after the commencement of this section and for every twelve month period thereafter, and shall be submitted no later than one month after each twelve month period.
Report to Executive Council
3(8)A report under subsection (6) shall be published in The Royal Gazette no later than one month after the report is accepted by Executive Council.
R.S., c.75, s.3; 1961-62, c.19, s.2; 1964, c.28, s.1; 1966, c.53, s.2; 1967, c.38, s.2; 1968, c.27, s.2; 1971, c.31, s.2; 1972, c.28, s.3, 4; 1979, c.19, s.2; 1980, c.19, s.1; 2001, c.14, s.2; 2004, c.20, s.1
Appointment of substitutes
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.
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.
4(2)When any office mentioned in section 2 becomes vacant, the Lieutenant-Governor in Council may appoint temporarily thereto another Minister to act during the vacancy, and such Acting Minister has all the powers incident to the office to which he is temporarily appointed.
4(3)Notice of an appointment made under subsection (2) shall be published in The Royal Gazette.
R.S., c.75, s.4; 1972, c.28, s.5; 1975, c.20, s.2; 2001, c.41, s.1
Salaries
5(1)The Minister of Finance shall pay an annual salary of $52,614 in monthly instalments to each Minister appointed under section 2, each member of the Executive Council prescribed duties under subsection 3(1) and each member of the Executive Council to, in or on whom a right, power, duty, function, responsibility or authority is transferred, vested or imposed under subsection 3(2).
5(2)The Minister of Finance shall pay to the Premier an annual salary of $79,000 in monthly instalments and an allowance of twenty-five hundred dollars annually for expenses incidental to the discharge of his duties as Premier.
R.S., c.75, s.5; 1955, c.46, s.1; 1961-62, c.19, s.3; 1966, c.53, s.3, 4; 1972, c.28, s.6; 1980, c.20, s.2; 2004, c.20, s.1; 2008, c.24, s.1
Idem
6Each member of the Executive Council not in receipt of a salary under section 5 shall be paid by the Minister of Finance an annual salary of $39,500 in monthly instalments.
R.S., c.75, s.6; 1972, c.28, s.6; 1980, c.20, s.3; 2008, c.24, s.2
Adjustment of salaries
6.1(1)In this section
“average change in the industrial aggregate” means, in relation to any twelve month period in respect of which the salary is to be determined, the average of the percentages by which the industrial aggregate has changed in each of the three years immediately preceding that twelve month period, when compared in each case with the previous year, expressed as a decimal;
“industrial aggregate” means the average weekly earnings for all employees in New Brunswick for a year, as published by Statistics Canada under the authority of the Statistics Act (Canada).
6.1(2)For the twelve month period commencing January 1, 2012, and for each subsequent twelve month period, the salary payable to Ministers appointed under section 2, the Premier and other members of the Executive Council shall be the amount that is determined
(a) by increasing 1.0 by the amount of the average change in the industrial aggregate, if that average change is positive or zero, or by decreasing 1.0 by the amount of that average change, if it is negative, and
(b) by multiplying the salary payable for the twelve month period immediately preceding the twelve month period for which the salary is to be determined by the decimal determined under paragraph (a).
1981, c.23, s.1; 1985, c.46, s.1; 2001, c.43, s.1; 2004, c.20, s.1; 2008, c.24, s.3; 2009, c.46, s.1; 2011, c.36, s.1
Repealed
6.2Repealed: 2001, c.43, s.2
1983, c.30, s.2; 2001, c.43, s.2
Repealed
6.3Repealed: 2001, c.43, s.3
1985, c.46, s.2; 1991, c.E-13.1, s.15; 1992, c.50, s.1; 1993, c.40, s.1; 1994, c.55, s.1; 2001, c.19, s.1; 2001, c.43, s.3
Expenses of Executive Council Members
7Each member of the Executive Council engaged in public business of the Province shall be paid by the Minister of Finance such allowances for his reasonable expenses while so engaged as are fixed by the Lieutenant-Governor in Council.
R.S., c.75, s.7; 1972, c.28, s.6
Review of salaries paid under the Legislative Assembly Act
8All salaries paid under the Legislative Assembly Act and this Act shall be reviewed by the Legislative Assembly as of January 1, 1982 and every two years thereafter following the report of a committee appointed by the Lieutenant-Governor in Council composed of citizens who are not members of the Legislative Assembly.
1980, c.20, s.4; 1982, c.3, s.24
N.B. This Act is consolidated to September 1, 2011.