Acts and Regulations

P-14.1 - Premier’s Council on the Status of Disabled Persons Act

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Repealed on 1 September 2011
CHAPTER P-14.1
Premier’s Council on the Status of
Disabled Persons Act
Assented to May 18, 1982
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Repealed: R.S.N.B. 2011, Schedule A
Definitions
1In this Act
“Council” means the Council established under section 2;(Conseil)
“disabled person” means one who, because of physical or mental impairment including congenital or genetic abnormality, suffers absence or reduction of functional competence which substantially limits his ability to carry out normal daily activities;(personne handicapée)
“Minister” means the Premier.(Ministre)
Establishment of Premier’s Council on the Status of Disabled Persons
2A body for study and consultation is established under the name of “Premier’s Council on the Status of Disabled Persons” in English and “Le Conseil du Premier ministre sur la condition des personnes handicapées” in French.
Duties and powers of Council
3(1)The Council shall
(a) advise the Minister on matters relating to the status of disabled persons that the Minister refers to the Council for its consideration, or that the Council considers appropriate,
(b) bring before the government and the public matters of interest and concern to disabled persons, and
(c) without limiting the generality of the functions expressed in paragraphs (a) and (b), promote
(i) prevention of disabling conditions,
(ii) employment opportunities of disabled persons, and
(iii) access by disabled persons to all services offered to the citizens of New Brunswick.
3(2)The Council, in carrying out its functions under subsection (1), may
(a) receive and hear petitions and suggestions from individuals and groups concerning the status of disabled persons,
(b) undertake research on matters relevant to the status of disabled persons and recommend research areas that can be studied by governments, voluntary associations, private business and universities,
(c) recommend programmes concerning the status of disabled persons,
(d) make referrals to, and consult and collaborate with, government agencies, voluntary associations, private business, universities and individuals on matters which affect the status of disabled persons,
(e) appoint committees consisting of members and other persons who are not members of the Council,
(f) propose legislation, policies and practises to improve the status of disabled persons,
(g) publish from time to time such reports, studies and recommendations as the Council considers necessary.
Composition of Council
4(1)The Council shall consist of a chairperson and twelve other members appointed by the Lieutenant-Governor in Council, of which
(a) seven members shall represent areas of the Province designated by the Lieutenant-Governor in Council in the appointments,
(b) three members shall be representative of provincial agencies or provincial branches of national agencies which work on behalf of disabled persons or represent disabled persons, and
(c) two members shall be chosen from the public at large.
4(2)The members of the Council shall designate a vice-chairperson from the members, who shall act in the place of the chairperson where the chairperson is unable to act for any reason.
4(3)With the exception of the chairperson, who shall be appointed for a term of three years, members shall be appointed for a term of two years; but in constituting the first Council, six members shall be appointed for a term of one year and six members for a term of two years.
Term of appointment
5(1)A member of the Council shall remain in office, notwithstanding the expiry of his term, until he resigns, is reappointed or replaced.
5(2)The chairperson is not eligible for reappointment as chairperson but may be reappointed as a member of the Council.
5(3)Where a member, other than the chairperson, is not reappointed or replaced upon the expiry of his term, his subsequent reappointment or the appointment of a replacement shall be for a term to expire on the day it would have expired had his reappointment or replacement been concurrent with the expiry of his term.
Vacancy on the Council
6(1)Where a vacancy occurs during the term of office of a member, an appointment made by the Lieutenant-Governor in Council shall be for the remainder of the term of that person.
6(2)Notwithstanding subsection (1), where a vacancy occurs in the office of the chairperson, an appointment made by the Lieutenant-Governor in Council shall be for a three year term.
6(3)A vacancy on the Council does not impair its status to act.
Remuneration of members
7The chairperson, vice-chairperson and members of the Council shall be paid such remuneration or allowances as the Lieutenant-Governor in Council determines, and shall be reimbursed for expenses incurred while acting on behalf of the Council at a rate to be fixed by the Lieutenant-Governor in Council.
Budget for operation of Council
8(1)Each year, on or before September 30, the Council shall submit to the Minister an estimate of the money required for the operation of the Council during the next fiscal year.
Money paid out of Consolidated Fund
8(2)The Minister of Finance shall in each year pay out of the Consolidated Fund to the Council such amounts as are appropriated by the Legislature for financing the operation of the Council.
Accounts audited by Auditor General
8(3)The accounts of the Council shall be audited by the Auditor General and his report shall be included in the annual report of the Council.
Annual report
8(4)The Council shall, within three months after the end of each fiscal year, submit to the Minister an annual report that shall contain
(a) a report on all meetings conducted by the Council during the year,
(b) a report on the findings, conclusions and recommendations made by the Council to the Minister during the year, and
(c) the report of the Auditor General referred to in subsection (3).
Annual report
8(5)The Minister shall lay the annual report before the Legislature if it is then sitting, or, if not, when it next sits.
Engagement of personnel
9The Council may employ or engage such persons as it considers necessary to carry out the purposes of this Act.
Acquisition of funds
10(1)Subject to the approval of the Minister, the Council may acquire funds for the purposes of this Act by gift, donation, bequest or otherwise and may hold and apply those funds to any of the purposes of this Act, and may invest those funds in securities authorized by the Trustees Act as investments in which trustees or executors may invest money.
10(2)Any funds received in accordance with subsection (1), and any income earned from the investment of the funds, shall be included in the accounts of the Council to be audited by the Auditor General.
Meetings of the Council
11(1)The Council may hold its meetings at any place in the Province.
11(2)Seven members of the Council constitute a quorum.
11(3)The Council shall meet at least four times in each year, at times and places designated by the chairperson or otherwise determined in accordance with the by-laws.
11(4)In addition to the meetings held in accordance with subsection (3), the Minister may require the Council to meet at such times and places as he directs.
By-laws
12Subject to approval by the Lieutenant-Governor in Council, the Council may make by-laws for its internal management.
Commencement
13This Act comes into force on September 1, 1982.
N.B. This Act is consolidated to September 1, 2011.