Acts and Regulations

2011, c.208 - Premier’s Council on Disabilities Act

Table of contents
Full text
Current to 1 January 2024
2011, c.208
Premier’s Council on Disabilities Act
2018, c.7, s.1
Deposited May 13, 2011
Definitions
1The following definitions apply in this Act.
“Council” means the Council established under section 2. (Conseil)
“disabled person” Repealed: 2018, c.7, s.2
“Minister” means the Premier. (ministre)
“person with a disability” means a person who has long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder the person’s full and effective participation in society on an equal basis with others. (personne handicapée)
1982, c.P-14.1, s.1; 2018, c.7, s.2
Establishment of Council
2A body for study and consultation is established under the name of “Premier’s Council on Disabilities” in English and “Conseil du Premier ministre pour les personnes handicapées” in French.
1982, c.P-14.1, s.2; 2018, c.7, s.3
Duties and powers of Council
3(1)The Council shall
(a) advise the Minister on matters relating to the status of persons with disabilities 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 persons with disabilities, 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 persons with disabilities, and
(iii) access by persons with disabilities to all services offered to the citizens of New Brunswick.
3(2)In carrying out its functions under subsection (1), the Council may
(a) receive and hear petitions and suggestions from individuals and groups concerning the status of persons with disabilities,
(b) undertake research on matters relevant to the status of persons with disabilities and recommend research areas that can be studied by governments, voluntary associations, private business and universities,
(c) recommend programs concerning the status of persons with disabilities,
(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 persons with disabilities,
(e) appoint committees consisting of members and other persons who are not members of the Council,
(f) propose legislation, policies and practices to improve the status of persons with disabilities,
(g) publish the reports, studies and recommendations that the Council considers necessary.
1982, c.P-14.1, s.3; 2018, c.7, s.4
Composition of Council
4(1)The Council shall consist of a chair and 12 other members appointed by the Lieutenant-Governor in Council.
4(2)In making appointments under subsection (1), the Lieutenant-Governor in Council shall take into consideration the gender of the members and the representation of persons with disabilities, members of visible minorities, the official linguistic communities, provincial agencies or provincial branches of national agencies that work on behalf of, or represent, persons with disabilities, and persons who work on behalf of persons with disabilities.
4(3)The members of the Council shall designate a vice-chair from the members, and the vice-chair shall act in the place of the chair when for any reason the chair is unable to act.
4(4)The members of the Council shall be appointed for a term not to exceed four years.
4(5)No person shall be a member of the Council for more than eight consecutive years.
4(6)A person who has served eight consecutive years as a member of the Council is not eligible to be appointed for a further term until one year after the person has ceased to serve as a member of the Council.
1982, c.P-14.1, s.4; 2018, c.7, s.5
Reappointment or replacement of members
5(1)Despite subsection 4(5), a member of the Council shall remain in office, despite the expiry of his or her term, until the member resigns, is reappointed or replaced.
5(2)The chair is not eligible for reappointment as chair but may be reappointed as a member of the Council.
5(3)When a member, other than the chair, is not reappointed or replaced on the expiry of his or her term, the member’s subsequent reappointment or the appointment of a replacement shall be for a term to expire on the day it would have expired had the member’s reappointment or replacement been concurrent with the expiry of his or her term.
1982, c.P-14.1, s.5; 2018, c.7, s.6
Vacancy on Council
6(1)If 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)Despite subsection (1), if a vacancy occurs in the office of the chair, an appointment made by the Lieutenant-Governor in Council shall be for a term that does not exceed four years.
6(3)A vacancy on the Council does not impair its status to act.
1982, c.P-14.1, s.6; 2018, c.7, s.7
Remuneration of members
7The chair, vice-chair and other members of the Council shall be paid the remuneration or allowances that 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.
1982, c.P-14.1, s.7; 2018, c.7, s.8
Financing of Council
8(1)On or before September 30 of each year, the Council shall submit to the Minister an estimate of the money required for the operation of the Council during the next fiscal year.
8(2)In each year, the Minister of Finance and Treasury Board shall pay out of the Consolidated Fund to the Council the amounts that are appropriated by the Legislature for financing the operation of the Council.
1982, c.P-14.1, ss.8(1), (2); 2019, c.29, s.121
Audit
9The accounts of the Council shall be audited by the Auditor General, and the report of the Auditor General shall be included in the annual report of the Council.
1982, c.P-14.1, ss.8(3)
Annual report
10(1)Within three months after the end of each fiscal year, the Council shall 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 section 9.
10(2)The Minister shall lay the annual report before the Legislature if it is then sitting or, if not, when it next sits.
1982, c.P-14.1, ss.8(4), (5)
Employment of persons
11The Council may employ or engage those persons that it considers necessary to carry out the purposes of this Act.
1982, c.P-14.1, s.9
Acquisition of funds
12(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 the manner authorized by the Trustees Act.
12(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.
1982, c.P-14.1, s.10; 2015, c.22, s.8
Meetings of Council
13(1)The Council may hold its meetings at any place in the Province.
13(2)Seven members of the Council constitute a quorum.
13(3)The Council shall meet at least four times in each year, at times and places designated by the chair or otherwise determined in accordance with the by-laws.
13(4)In addition to the meetings held in accordance with subsection (3), the Minister may require the Council to meet at the times and places that the Minister directs.
1982, c.P-14.1, s.11
By-laws
14Subject to approval by the Lieutenant-Governor in Council, the Council may make by-laws for its internal management.
1982, c.P-14.1, s.12
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to December 20, 2019.