Acts and Regulations

S-6.2 - Service New Brunswick Act

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Repealed on 1 October 2015
CHAPTER S-6.2
Service New Brunswick Act
1998, c.12, s.1
Assented to November 3, 1989
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Repealed: 2015, c.44, s.114.
Definitions
1In this Act
“Board” means the board of directors of the Corporation;(conseil d’administration)
“Corporation” means the body corporate continued under section 2 under the name Service New Brunswick; (Corporation)
“Council” means the Council of Maritime Premiers established under the Council of Maritime Premiers Act;(Conseil)
“geographic information” means any information and associated attribute data that is acquired, stored, analyzed, manipulated or presented according to a geographic or spatial reference;(information géographique)
“Land Registration and Information Service” means the Land Registration and Information Service established by the Council of Maritime Premiers on behalf of the Provinces of New Brunswick, Nova Scotia and Prince Edward Island;(Service du cadastre et de l’information foncière)
“Minister” means the member of the Executive Council designated by the Lieutenant-Governor in Council to administer this Act.(Ministre)
1994, c.21, s.1; 1998, c.12, s.2
Service New Brunswick
2(1)Repealed: 1998, c.12, s.3
2(1.1)The New Brunswick Geographic Information Corporation, established as a body corporate under subsection 2(1) of the New Brunswick Geographic Information Corporation Act, chapter N-5.01 of the Acts of New Brunswick, 1989, is continued as a body corporate under the name Service New Brunswick.
2(1.2)The change in the name of the Corporation does not affect the rights and obligations of the Corporation and all proceedings may be continued or commenced by or against the Corporation under its new name that might have been continued or commenced by or against the Corporation under its former name.
2(1.3)The Corporation consists of those persons who from time to time comprise the board of directors.
2(2)The Corporation is for all purposes of this Act an agent of Her Majesty in right of the Province.
2(3)The Corporation may contract in its corporate name without specific reference to Her Majesty.
2(4)The Corporation shall have a corporate seal which it may alter or change at pleasure.
2(5)All property, whether real or personal, acquired for the purposes of this Act is vested in the Corporation as agent of Her Majesty in right of the Province and may be dealt with, leased, sold or otherwise disposed of by the Corporation in its corporate name.
1998, c.12, s.3
Location of head office of Corporation
3The head office of the Corporation is at the City of Fredericton.
Objects and purposes of Corporation
4The objects and purposes of the Corporation are:
(a) to coordinate geographic information services in New Brunswick;
(b) to provide annually the real property tax bases for the province, municipalities, rural communities, local service districts, school districts and business improvement areas and to administer related tax and tax benefit programs;
(c) to establish standards for the collection, storage and dissemination of geographic information;
(d) to provide a system of registration for real and personal property;
(e) to ensure the maintenance of records relating to real and personal property;
(f) to ensure the provision of geographic information services to the public;
(g) to promote private sector activity in the area of geographic information services and, where feasible, to transfer geographic information activities to the private sector;
(g.1) to be the principal provider for the Government of the Province of non-specialized customer services, through both physical offices and electronic channels;
(g.2) to promote standards for the provision of customer services;
(g.3) to promote the re-engineering of government services provided to the public;
(g.4) to provide consulting services in the area of government services delivery;
(g.5) to establish the Corporation as the primary organization for the marketing of intellectual property created or acquired by the Province;
(g.6) to produce and to sell services and products;
(g.7) to accept payment of fixed penalties in accordance with the Provincial Offences Procedure Act; and
(h) to carry out such other activities or duties as the Lieutenant-Governor in Council may direct.
1998, c.12, s.4; 2005, c.7, s.76; 2007, c.33, s.9
Powers of Corporation
5(1)The Corporation has the power to do anything that the Corporation considers necessary or convenient for, or incidental or conducive to, the carrying out of its objects and purposes and also to do such other things as a company is empowered to do under subsection 14(1) of the Companies Act.
5(2)The Corporation has the power to administer any Act of the Legislature assigned to the Corporation and to carry out any duty and enforce any right it may have under those Acts or any other Act of the Legislature, whether the duty or right arose before or arises after the commencement of this Act.
5(3)The Corporation may, with the approval of the Lieutenant-Governor in Council, enter into and carry out arrangements or agreements with the government of one or more provinces or agencies of those governments for the purpose of establishing a body corporate to develop, organize, undertake, conduct and manage such matters as may be specified by the Lieutenant-Governor in Council.
Application of Companies Act
6The provisions of the Companies Act apply to the Corporation so far as they are not inconsistent with the provisions of this Act.
Board of directors
7(1)The affairs of the Corporation shall be administered by a board of directors consisting of
(a) not fewer than nine and not more than eleven members who shall be appointed by the Lieutenant-Governor in Council to hold office for a term of three years from the date of their appointment, and
(b) the President of the Corporation.
7(2)Members of the Board appointed under subsection (1) are eligible for reappointment.
7(3)The Board shall administer the affairs of the Corporation on a commercial basis and decisions and actions of the Board are generally to be based on sound business practices.
7(4)Notwithstanding subsection (3), the purpose of the assessment function of the Corporation is to arrive at the real and true value of all real property as provided in section 15 of the Assessment Act.
1994, c.21, s.2
Appointment of board members
8(1)The members of the Board are directors of the Corporation within the meaning of the Companies Act except where inconsistent with this Act.
8(2)The Lieutenant-Governor in Council shall appoint from among the members of the Board a Chairperson and a Vice-Chairperson of the Board each of whom shall hold office for a term to be fixed by the Lieutenant-Governor in Council.
8(3)Notwithstanding subsection 7(1), on the initial appointment of members of the Board, three of the members of the Board shall be appointed to hold office for a term of two years from the date of their appointment and four members shall be appointed to hold office for a term of four years from the date of their appointment.
8(4)The Chairperson, Vice-Chairperson and each member of the Board shall enjoy tenure during the term of their appointments but may be removed for misbehaviour, incapacity or inability to perform their duties properly at any time by the Lieutenant-Governor in Council upon address of the Legislative Assembly.
8(5)Each member of the Board shall remain in office, notwithstanding the expiry of the member’s term, until reappointed or replaced and when a vacancy occurs on the Board the Lieutenant-Governor in Council may appoint a person to fill such vacancy for the balance of the term of the member of the Board replaced.
8(6)A vacancy on the Board does not impair the capacity of the Board to act.
1994, c.21, s.3
Remuneration of board members
9(1)The Chairperson, Vice-Chairperson and other members of the Board are entitled to be paid such remuneration and allowances as are fixed by the by-laws of the Corporation.
9(2)Each member of the Board is entitled to be paid such travelling and living expenses incurred by the member in the performance of the member’s duties as are fixed by the by-laws of the Corporation.
9(3)Notwithstanding subsections (1) and (2), no by-law of the Corporation fixing remuneration, allowances or expenses within the meaning of subsections (1) and (2) is of any force or effect until it has been approved by the Lieutenant-Governor in Council.
1994, c.21, s.4
Board of directors
10(1)Five members of the Board constitute a quorum.
10(2)If a member of the Board is absent from the member’s duties for a period in excess of three months or becomes incapacitated or disabled and is unable to act by reason of such absence, illness, infirmity, incapacity or inability, the Lieutenant-Governor in Council may appoint a person to act in the member’s stead during the period that the member is absent or incapacitated and the person appointed while so acting may discharge all the duties and shall have all the rights and power of a member of the Board.
10(3)The affirmative votes of a majority of the members present at a meeting of the Board at which a quorum is present are sufficient to pass any resolution which the Board is competent to make.
10(4)The Board shall appoint an employee of the Corporation to be Secretary of the Board who shall perform such duties and functions as the Board may direct.
10(5)Subject to this Act, the Board may, with the approval of the Lieutenant-Governor in Council, make by-laws for the management of the property, effects, affairs and business of the Corporation or relating to any other thing that may be necessary for carrying out the objects and purposes of the Corporation and for the exercise of any other powers of the Corporation incidental to those objects and purposes.
10(6)There shall be minutes taken of the meetings of the Board which must be approved by the Board and certified to be correct by the Secretary of the Board.
10(7)A copy of the minutes of each meeting of the Board, certified to be correct by the Secretary of the Board, shall be submitted to the Minister after each meeting of the Board.
President of Corporation
11(1)The Lieutenant-Governor in Council shall appoint a President of the Corporation.
11(2)The President is the chief executive officer of the Corporation and is charged with the general direction, supervision and control of the business of the Corporation and may exercise such other powers as may be conferred on the President by the by-laws of the Corporation.
11(3)The President shall serve as a full-time employee of the Corporation and shall not engage in any other business, trade, profession or occupation without the approval of the Lieutenant-Governor in Council.
11(3.1)Despite subsection (3), an employee as defined in the Civil Service Act may be appointed to serve as President.
11(4)The President shall hold office during the pleasure of the Lieutenant-Governor in Council.
11(5)The President is an ex officio member of the Board.
11(6)The President shall not be considered to be a member of the Board for the purposes of subsections 8(2), 8(3), 8(4), 8(5), 9(1), 9(2) and 10(2).
1994, c.21, s.5; 2012, c.39, s.136
Conflict of interest
12(1)A member of the Board who
(a) is a party to a material contract or proposed material contract with the Corporation, or
(b) is a director or an officer of or has a material interest in any person who is a party to a material contract or proposed material contract with the Corporation,
shall disclose in writing to the Corporation or request to have entered in the minutes of meetings of the Board the nature and extent of the member’s interest.
12(2)The disclosure required by subsection (1) shall be made
(a) at the meeting at which a proposed contract is first considered,
(b) if the member was not then interested in a proposed contract, at the first meeting after the member becomes so interested,
(c) if the member becomes interested after a contract is made, at the first meeting after the member becomes so interested, or
(d) if a person who is interested in a contract later becomes a member, at the first meeting after the person becomes a member.
12(3)If a material contract or proposed material contract is one that, in the ordinary course of the Corporation’s business, would not require approval by the members of the Board, a member shall disclose in writing to the Corporation or request to have entered in the minutes of meetings of the Board the nature and extent of the member’s interest immediately after the member becomes aware of the contract or proposed contract.
12(4)A member referred to in subsection (1) shall not be counted in the quorum, shall not be present and shall not vote at any meeting on any resolution to approve the contract.
12(5)For the purposes of subsections (2) and (3), a general notice to the members of the Board by a member declaring that the member is a director or officer of or has a material interest in a person and is to be regarded as interested in any contract made with that person, is a sufficient declaration of interest in relation to any contract so made.
12(6)A member of the Board who has any pecuniary or proprietary interest other than one referred to in paragraph (1)(a) or (b) that puts the member’s interest in conflict with that of the Corporation, or might reasonably be expected to do so, shall disclose in writing to the Corporation or request to have entered in the minutes of meetings of the Board the nature and extent of the member’s interest.
12(7)The disclosure required by subsection (6) shall be made immediately after the member becomes aware of the member’s interest.
12(8)For the purposes of subsections (6) and (7), a general notice to the members of the Board by a member declaring that the member has a pecuniary or proprietary interest other than one referred to in paragraph (1)(a) or (b) that puts the member’s interest in conflict with that of the Corporation, or might reasonably be expected to do so, is a sufficient declaration of the member’s interest.
1994, c.21, s.6
Appointment and remuneration of employees
13(1)The employees of the Corporation shall be appointed in accordance with the staff requirements and mode of appointment established by the by-laws of the Corporation.
13(2)The remuneration and other conditions of employment of the employees shall be established by the by-laws of the Corporation.
13(3)The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the President and all employees of the Corporation.
2013, c.44, s.45
Purchase of supplies by Corporation
14(1)The Corporation shall make by-laws relating to the purchase of supplies, required by the Corporation for the transaction of its business and affairs and such by-laws shall conform so far as possible with the spirit and intent of the Procurement Act.
14(2)All by-laws, vendor lists or other documentation relating to the purchase of supplies, adopted by the Corporation, shall be open to public inspection and shall be made available to vendors who request in writing a copy of such material for the purpose of submitting tenders for the purchase of supplies by the Corporation.
2012, c.20, s.36
Fiscal year
15The fiscal year of the Corporation ends on the thirty-first day of March in each year or on such other date as may be fixed by the Lieutenant-Governor in Council.
Charge for performing assessment function on behalf of municipalities and local service districts
15.1(1)Subject to subsection (2), the Corporation may on an annual basis charge municipalities, and the Province on behalf of local service districts, for the portion of the assessment function of the Corporation that is performed by the Corporation on behalf of municipalities and local service districts.
15.1(2)Subject to subsection (2.1), the Corporation shall, on or before October 1 of each year or as soon thereafter as practicable,
(a) subject to the approval of the Board of Management, establish the total amount to be charged to municipalities, and to the Province on behalf of local service districts, in the following year, and
(b) determine, from the total amount established under paragraph (a), the amount to be charged to each municipality, and to the Province on behalf of each local service district, in the following year.
15.1(2.1)For the year 2010, the rate that determines the amounts referred to in paragraphs (2)(a) and (b) shall be the rate determined under subsection 5.01(2) of the Real Property Tax Act or fixed under paragraph 5.01(3)(g) of that Act, as the case may be.
15.1(3)The Corporation shall, on or before April 1 of each year,
(a) send to each municipality an invoice indicating the amount determined under paragraph (2)(b) in relation to that municipality, and
(b) send to the Department of Environment and Local Government on behalf of the Province an invoice indicating the amount determined under paragraph (2)(b) in relation to each local service district.
15.1(4)The amount indicated on an invoice under subsection (3) is a debt due and payable to the Corporation by the municipality named in the invoice or by the Province, as the case may be.
15.1(5)Where any portion of the amount indicated on an invoice under subsection (3) remains outstanding after sixty days after the date of the invoice, a penalty is payable on the outstanding amount at the rate applied to determine the penalty payable under subsection 10(3) of the Real Property Tax Act.
1994, c.98, s.1; 1998, c.41, s.103; 2000, c.26, s.264; 2006, c.16, s.165; 2009, c.15, s.9; 2010, c.35, s.8; 2012, c.39, s.136
Corporation may charge fees
15.2(1)The Corporation may charge fees in respect of any customer services provided on behalf of the Province, a municipality or a public or private body or person.
15.2(2)Fees charged by the Corporation under subsection (1) may be based on unit pricing.
1998, c.12, s.5
Administrative fee under Provincial Offences Procedure Act
15.3Where the Corporation accepts payment of a fixed penalty under the Provincial Offences Procedure Act, it shall retain that portion of the fixed penalty representing the administrative fee referred to in paragraph 14(5)(d) of that Act.
2007, c.33, s.9
Money to be paid to Corporation
16All money received from the sale or provision of information, services or products, or otherwise accruing in the administration of this Act or any other Act of the Legislature assigned to the Corporation, except money collected on behalf of the Province or a municipality, shall be paid to the Corporation.
1998, c.12, s.6; 2007, c.33, s.9
Application of provisions respecting municipalities to rural communities
16.1Any provision respecting a municipality in this Act or in any regulation under this Act applies with the necessary modifications to a rural community under the Municipalities Act.
1994, c.93, s.5; 2005, c.7, s.76
Funding from Consolidated Fund
17The Minister of Finance shall pay out of the Consolidated Fund to the Corporation, quarterly in advance, in four equal instalments, the annual amount appropriated for that purpose.
1994, c.21, s.7
Financial arrangements and responsibilities
18(1)The Corporation shall maintain in its own name one or more accounts in any chartered bank designated by the Minister of Finance.
18(2)Notwithstanding the Financial Administration Act but subject to section 16, all money received by the Corporation through the conduct of its operations or otherwise is to be deposited to the credit of the accounts established under subsection (1) and shall be administered by the Corporation exclusively in the exercise and performance of its powers, duties and functions.
18(3)The Corporation shall pay the remuneration of the members of the Board and the employees of the Corporation and all expenditures incurred by the Corporation in operating its business.
Budget of Corporation
19(1)The Board shall, before the thirtieth day of September each year, prepare and submit to the Board of Management a budget containing estimates of the amounts required for working capital and for capital expenditures required during the next year for the purposes of the Corporation and forecasting the estimated net profit of the Corporation for the next year.
Budget of Corporation
19(2)The Secretary of the Board of Management may make a report on the budget containing such recommendations as the Secretary considers appropriate to the Chairperson of the Board within thirty days after the receipt of the budget.
Budget of Corporation
19(3)If in any fiscal year it appears that the actual revenue or expenditure of the Corporation is likely to be substantially greater or less than estimated in its budget, the Board shall submit to the Board of Management a revised budget containing the particulars required under subsection (1).
Repealed
19(4)Repealed: 1998, c.12, s.7
Reports to be submitted to Minister
19(5)The Board shall submit to the Minister, at such times as the Minister may require, reports setting out the financial forecasts of the Corporation and such reports shall contain such information as the Minister may require.
1994, c.21, s.8; 1998, c.12, s.7
Borrowing and guarantees
20(1)The Corporation may, with the approval of the Minister of Finance, borrow money from and make arrangements with any chartered bank for loans or money overdrafts with such times of repayment as the Corporation considers advisable and necessary and may mortgage the lands and other assets of the Corporation to secure such loans.
20(2)The Lieutenant-Governor in Council may from time to time and on such terms and conditions as he considers expedient, authorize the guarantee by the Minister of Finance, on behalf of Her Majesty in right of the Province, of the repayment of all money borrowed by the Corporation under this section, and such guarantee, when given, renders Her Majesty in right of the Province liable for the repayment of the money so borrowed.
20(3)The Minister of Finance may advance out of the Consolidated Fund such sums as may be necessary for the purpose of discharging, in whole or in part, all or any liabilities of the Corporation so guaranteed, and all sums so advanced are to be repaid by the Corporation in such amounts and at such times as the Minister of Finance may decide, and until paid bear interest, for credit to the Consolidated Fund, at such rate as may be determined by the Minister of Finance.
Financial statements, inspection and accounts
21(1)The Corporation shall prepare audited financial statements and submit the same to the Minister in each year at such time as may be required by the Minister.
21(2)The accounts of the Corporation shall show gross income.
21(3)All books or records of accounts, bank books and other documentation of the Corporation shall at all times be open to the inspection of the Minister or such other person as the Minister may designate.
21(4)The Lieutenant-Governor in Council may request the Auditor General or any other person to audit the accounts of the Corporation and a report of the audit containing such particulars as the Lieutenant-Governor in Council may require shall be made to the Lieutenant-Governor in Council on or before the first day of August next following the end of the fiscal year for which the report is made.
Reserve funds
22(1)From the profits arising out of the operations of the Corporation, as certified by the Minister of Finance, there shall be taken such sums as may be determined by the Lieutenant-Governor in Council for the creation of a reserve fund to repay money borrowed under section 19.
22(2)The net profits, remaining from time to time, after providing the sums required for purposes of the reserve fund, are to be paid into the Consolidated Fund in the manner and at the time required by the Minister of Finance.
Annual audited report to be submitted to Minister
23The Corporation shall, within six months after the end of each fiscal year, submit to the Minister an audited report, in such form as the Minister may require, on the operations of the Corporation for the fiscal year, and the Minister shall lay the report before the Legislative Assembly, if it is in session, or, if not, at the next ensuing session.
1994, c.21, s.9
Regulations
24The Lieutenant-Governor in Council, on the recommendation of the Corporation, may make regulations
(a) respecting geographic information standards including, without limiting the generality of the foregoing, standards in relation to
(i) survey control,
(ii) base mapping, including coastal zone mapping,
(iii) parcel identification and indexing,
(iv) property mapping,
(v) remote sensing, and
(vi) Repealed: 1994, c.21, s.10
(vii) software or hardware used to manage geographic information;
(b) Repealed: 1994, c.21, s.10
1991, c.27, s.29; 1994, c.21, s.10
Transitional provisions in relation to Land Registration and Information Service
25(1)The Corporation is the successor and assign of the Land Registration and Information Service for any and all activities carried out by the Land Registration and Information Service for, or on behalf of, the Government of the Province.
25(2)The Corporation is or shall become entitled to all property and assets, whether real or personal, including money and accounts receivable, which were administered or managed by the Land Registration and Information Service to which, but for this Act, the Province is or will become entitled.
25(3)All debts owing to the Council with respect to the Land Registration and Information Service which would have been credited to the New Brunswick share of the budget of the Land Registration and Information Service immediately before the commencement of this Act, and all debts and other liabilities of the Council with respect to the Land Registration and Information Service for which the Province would have been responsible, existing on the commencement of this Act or accruing after the commencement of this Act, are the debts and liabilities of the Corporation.
Transitional provisions in relation to government assets
26All assets currently administered by the Assessment Branch or the registry and land titles offices shall become the property of the Corporation on the commencement of this Act.
Interpretation and substitution of references
27Whenever in any Act or regulation enacted or made or in any order made under any Act or regulation or in any order in council or in any contract, lease or any other document, it is provided that any right, power, function, duty or liability is or shall be vested in, conferred on or exercised, performed or discharged by, or there is a mention of or a reference to
(a) the Minister of Justice with respect to the registry and land titles systems,
(b) the Minister of Municipal Affairs and Environment with respect to the Assessment Branch, or
(c) the Council with respect to New Brunswick interests in the Land Registration and Information Service,
such right, power, function, duty or liability, unless the context otherwise requires, shall be vested in, conferred on or exercised, performed or discharged by the Corporation and the name of the Corporation, unless the context otherwise requires, shall be substituted in such mention or reference.
Transitional provisions in relation to legal proceedings
28All actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by
(a) the Minister of Justice with respect to the registry and land titles systems,
(b) the Minister of Municipal Affairs and Environment with respect to the Assessment Branch,
(c) the Council with respect to the Land Registration and Information Service, or
(d) any member of the Department of Justice with respect to the registry or land titles systems, the Department of Municipal Affairs and Environment with respect to the Assessment Branch or the Council,
are to be brought, taken or continued by or against the Corporation, in the name of the Corporation in any court that has jurisdiction to hear the matter, whether the action, suit or other legal proceeding is in the name of
(e) the Minister of Justice,
(f) the Minister of Municipal Affairs and Environment,
(g) the Council,
(h) Her Majesty in right of the Province, or
(i) the member.
Employee rights in relation to closed competitions
29(1)Any person who is an employee of the Corporation may, notwithstanding any provision of the Civil Service Act, be a candidate in a closed competition under the Civil Service Act as if that person was an employee within the meaning of that Act and, in relation to a closed competition in which that person is a candidate, has the status of an employee under that Act for the purposes of subsection 13(3) and section 32 of that Act.
29(2)Any person who is an employee within the meaning of the Civil Service Act may be a candidate in a closed competition in relation to a position with the Corporation and, in relation to a closed competition in which that person is a candidate, has the status of an employee of the Corporation.
Transitional provisions in relation to employees
30Employees of the Council who become employees of the Corporation shall have the rights and benefits as stated in the Memorandum of Agreement between the Province and the Council, as executed on behalf of the Province on March 30, 1989 and on behalf of the Council on March 31, 1989.
Assessment Act
31(1)Section 1 of the Assessment Act, chapter A-14 of the Revised Statutes, 1973, is amended
(a) by adding after the definition “Chairman” the following:
“Director” means the Executive Director of Assessment as appointed by the New Brunswick Geographic Information Corporation and includes any person designated by the Director to act on the Director’s behalf;(directeur)
(b) by repealing the definition “Minister”;
(c) in the definition “Register” by striking out “Minister” and substituting “Director”.
31(2)Section 2 of the Act is amended
(a) by repealing subsection (1) and substituting the following:
2(1)The Director shall administer this Act and may designate persons to act on the Director’s behalf.
(b) by repealing subsection (2).
31(3)Section 8 of the Act is amended
(a) in subsection (1) by striking out “Minister” and substituting “Director”;
(b) in subsection (1.1) by striking out “Minister” and substituting “Director”;
(c) in subsection (2) by striking out “Minister” wherever it appears and substituting “Director”;
(d) in subsection (2.2) by striking out “Minister” and substituting “Director”;
(e) in subsection (2.3) by striking out “Minister” wherever it appears and substituting “Director”;
(f) in subsection (3) by striking out “Minister” and substituting “Director”.
31(4)Section 9 of the Act is amended
(a) in subsection (1) by striking out “Minister” wherever it appears and substituting “Director”;
(b) in subsection (1.2) by striking out “Minister” and substituting “Director”;
(c) in subsection (1.3) by striking out “Minister” wherever it appears and substituting “Director”.
31(5)Subsection 10(3) of the Act is amended by striking out “Minister” wherever it appears and substituting “Director”.
31(6)Section 11 of the Act is amended by striking out “Minister” and substituting “Director”.
31(7)Subsection 12(7) of the Act is amended by striking out “Minister” wherever it appears and substituting “Director”.
31(8)Section 12.1 of the Act is amended by striking out “Minister” and substituting “Director”.
31(9)Subsection 12.2(1) of the Act is amended in the definition “assessor” by striking out “Minister” wherever it appears and substituting “Director”.
31(10)Subsection 13(1) of the Act is amended by striking out “Minister” and substituting “Director”.
31(11)Section 14 of the Act is amended
(a) in subsection (1) by striking out “Minister” and substituting “Director”;
(b) in subsection (3) by striking out “Minister” and substituting “Director”;
(c) in subsection (4) by striking out “Minister” and substituting “Director”;
(d) in subsection (5) by striking out “Minister” and substituting “Director”;
(e) in subsection (7.1) by striking out “Minister” and substituting “Director”;
(f) in subsection (10) by striking out “Minister” and substituting “Director”;
(g) in subsection (11) by striking out “Minister” and substituting “Director”;
(h) in subsection (11.1) by striking out “Minister” and substituting “Director”;
(i) in subsection (12) by striking out “Minister” wherever it appears and substituting “Director”;
(j) in subsection (13) by striking out “Minister” wherever it appears and substituting “Director”.
31(12)Section 16 of the Act is amended
(a) in subsection (1) by striking out “Minister” wherever it appears and substituting “Director”;
(b) in subsection (2) by striking out “Minister” and substituting “Director”;
(c) in subsection (3) by striking out “Minister” and substituting “Director”;
(d) in subsection (4) by striking out “Minister” and substituting “Director”;
(e) in subsection (5) by striking out “Minister” and substituting “Director”;
(f) in subsection (6) by striking out “Minister” and substituting “Director”;
(g) in subsection (7) by striking out “Minister” and substituting “Director”.
31(13)Subsection 17(1) of the Act is amended by striking out “Minister” and substituting “Director”.
31(14)Section 17.1 of the Act is amended
(a) in subsection (2) by striking out “Minister” and substituting “Director”;
(b) in subsection (3) by striking out “Minister” and substituting “Director”;
(c) in subsection (4) by striking out “Minister” and substituting “Director”;
(d) in subsection (5) by striking out “Minister” and substituting “Director”.
31(15)Subsection 17.2(2) of the Act is amended by striking out “Minister” and substituting “Director”.
31(16)Section 21 of the Act is amended
(a) in subsection (1) by striking out “Minister” and substituting “Director”;
(b) in subsection (1.1) by striking out “Minister” and substituting “Director”;
(c) in subsection (2) by striking out “Minister” and substituting “Director”;
(d) in subsection (2.1) by striking out “Minister” and substituting “Director”;
(e) in subsection (5) by striking out “Minister” and substituting “Director”.
31(17)Section 22 of the Act is amended by striking out “Minister” and substituting “Director”.
31(18)Section 22.1 of the Act is amended
(a) in subsection (1) by striking out “Minister” and substituting “Director”;
(b) in subsection (2) by striking out “Minister” wherever it appears and substituting “Director”.
31(19)Section 23 of the Act is amended
(a) in subsection (1) by striking out “Minister” and substituting “Director”;
(b) in subsection (2) by striking out “Minister” and substituting “Director”;
(c) in subsection (4) by striking out “Minister” and substituting “Director”;
(d) in subsection (5) by striking out “Minister” and substituting “Director”.
31(20)Section 24 of the Act is amended by striking out “Minister” and substituting “Director”.
31(21)Section 25 of the Act is amended
(a) in subsection (1) by striking out “Minister” and substituting “Director”;
(b) in subsection (2) by striking out “Minister” and substituting “Director”;
(c) in subsection (3) by striking out “Minister” wherever it appears and substituting “Director”;
(d) in subsection (4) by striking out “Minister” and substituting “Director”;
(e) in subsection (5) by striking out “Minister” and substituting “Director”;
(f) in subsection (6) by striking out “Minister” wherever it appears and substituting “Director”.
31(22)Section 26 of the Act is amended
(a) in subsection (1) by striking out “Minister” and substituting “Director”;
(b) by repealing subsection (2) and substituting the following:
26(2)The Director shall enter in a Referral Register
(a) a full description of a reference made under subsection 25(1),
(b) the Director’s decision in respect to the reference, and
(c) the Director’s reasons for the decision in respect to the reference.
(c) in subsection (3) by striking out “Minister” and substituting “Director”;
(d) in subsection (4) by striking out “Minister” and substituting “Director”.
31(23)Section 27 of the Act is amended
(a) in subsection (1) by striking out “Minister” and substituting “Director”;
(b) in paragraph (2)(b) by striking out “Minister” and substituting “Director”.
31(24)Section 28 of the Act is amended by striking out “Minister” and substituting “Director”.
31(25)Paragraph 29(1)(a) of the Act is amended by striking out “Minister” and substituting “Director”.
31(26)Paragraph 30(a) of the Act is repealed and the following is substituted:
(a) upon the Director by mailing a copy of it by registered mail addressed to the Director at Fredericton,
31(27)Subsection 32(4) of the Act is amended by striking out “Minister” and substituting “Director”.
31(28)Subsection 34(1) of the Act is amended
(a) in paragraph (c) by striking out “Minister” and substituting “Director”;
(b) in paragraph (d) by striking out “Minister” and substituting “Director”.
31(29)Subsection 40(1) of the Act is amended
(a) in paragraph (a) by striking out “Minister” and substituting “Director”;
(b) in paragraph (e) by striking out “prescribing for the purpose of the Minister’s determination” and substituting “prescribing for the purpose of the Director’s determination”.
Business Improvement Areas Act
32(1)Section 1 of the Business Improvement Areas Act, chapter B-10.2 of the Acts of New Brunswick, 1985, is amended
(a) in the definition “assessed value” by striking out the words “prepared by the Minister” and substituting “prepared by the Director”;
(b) by adding after the definition “council” the following:
“Director” means the Executive Director of Assessment under the Assessment Act;(directeur)
32(2)Subsection 5(9) of the Act is amended by striking out “Minister” and substituting “Director”.
Corporation Securities Registration Act
33(1)Section 1 of the Corporation Securities Registration Act, chapter C-25 of the Revised Statutes, 1973, is amended
(a) by repealing the definition “Minister”;
(b) by adding after the definition “mortgagor” the following:
“registrar” means the registrar appointed under section 15 and includes a deputy registrar appointed under that section;(registraire)
33(2)Section 3 of the Act is amended
(a) in subsection (1) by striking out “Minister” and substituting “registrar”;
(b) in subsection (2) by striking out “Minister” and substituting “registrar”.
33(3)Section 5 of the Act is amended by striking out “Minister” and substituting “registrar”.
33(4)Section 6 of the Act is amended by striking out “Minister” and substituting “registrar”.
33(5)Section 9 of the Act is amended
(a) in subsection (1) by striking out “Minister” and substituting “registrar”;
(b) in subsection (2) by striking out “Minister” and substituting “registrar”;
(c) in subsection (3) by striking out “the Minister” and substituting “registrar”;
(d) in subsection (4) by striking out “Minister” and substituting “registrar”.
33(6)Section 10 of the Act is amended
(a) in subsection (1) by striking out “Minister” and substituting “registrar”;
(b) in subsection (2) by striking out “Minister” wherever it appears and substituting “registrar”;
(c) by repealing subsection (3) and substituting the following:
10(3)No proof is required of the signature of the registrar in respect of any certificate produced as evidence pursuant to this section.
33(7)Section 11 of the Act is amended by striking out “Minister” wherever it appears and substituting “registrar”.
33(8)Section 12 of the Act is amended by striking out “Minister” and substituting “registrar”.
33(9)Section 15 of Act is repealed and the following is substituted:
15The New Brunswick Geographic Information Corporation shall appoint suitable persons to be the registrar and the deputy registrar to carry out, under the direction of the Corporation, the duties assigned to them under this Act.
Land Titles Act
34(1)Section 3 of the Land Titles Act, chapter L-1.1 of the Acts of New Brunswick, 1981, is amended
(a) by repealing the definition “Minister”;
(b) by repealing the definition “Registrar General” and substituting the following:
“Registrar General” means the Registrar General of Land Titles and the Deputy Registrar General of Land Titles appointed under section 5 and includes any person designated by the New Brunswick Geographic Information Corporation to perform any of the duties assigned to the Registrar General under this Act;(registrateur général)
34(2)Section 4 of the Act is amended by striking out “Minister” and substituting “New Brunswick Geographic Information Corporation”.
34(3)Section 5 of the Act is amended
(a) in subsection (3) by striking out “Lieutenant-Governor in Council” wherever it appears and substituting “New Brunswick Geographic Information Corporation”;
(b) in subsection (4) by striking out “Lieutenant-Governor in Council” and substituting “New Brunswick Geographic Information Corporation”;
(c) by repealing subsection (5) and substituting the following:
5(5)Except in the case of the Registrar General and Deputy Registrar General who shall be paid such remuneration as the Lieutenant-Governor in Council determines, the registrars and deputy registrars shall be paid such remuneration as the New Brunswick Geographic Information Corporation determines and all costs and fees received by the registrars and deputy registrars, including the Registrar General and Deputy Registrar General shall be paid to the Corporation.
34(4)Section 6 of the Act is amended by striking out “Minister” and substituting “New Brunswick Geographic Information Corporation”.
34(5)Section 7 of the Act is amended by striking out “Minister of Justice” and substituting “New Brunswick Geographic Information Corporation”.
34(6)Section 10 of the Act is amended by striking out “Minister” and substituting “New Brunswick Geographic Information Corporation”.
34(7)Subsection 74(1) of the Act is amended by striking out “Minister” and substituting “New Brunswick Geographic Information Corporation”.
34(8)Subsection 80(7) of the Act is amended by striking out “Minister” and substituting “New Brunswick Geographic Information Corporation”.
Proceedings Against the Crown Act
35Section 1 of the Proceedings Against the Crown Act, chapter P-18 of the Revised Statutes, 1973, is amended in the definition “Crown Corporation” by adding a comma followed by “the New Brunswick Geographic Information Corporation” after “the New Brunswick Housing Corporation”.
Public Service Labour Relations Act
36Part I of the First Schedule of the Public Service Labour Relations Act, chapter P-25 of the Revised Statutes, 1973, is amended by adding “New Brunswick Geographic Information Corporation” after “Liquor Licensing Board”.
Real Property Transfer Tax Act
37(1)Section 1 of the Real Property Transfer Tax Act, chapter R-2.1 of the Acts of New Brunswick, 1983, is amended by repealing the definition of “assessed value” and substituting the following:
“assessed value” means the value of real property at the time of registering a deed respecting that real property as taken or extrapolated from the current assessment and tax roll by the Executive Director of Assessment under the Assessment Act;(valeur d’évaluation)
37(2)Subsection 5(3) of the Act is amended by striking out “which the Minister determines to be the assessed value” and substituting “which the Executive Director of Assessment under the Assessment Act determines to be the assessed value”.
Registry Act
38(1)Section 2 of the Registry Act, chapter R-6 of the Revised Statutes, 1973, is repealed and the following is substituted:
2The New Brunswick Geographic Information Corporation is charged with the general supervision of this Act.
38(2)Section 4 of the Act is amended
(a) in subsection (1) by striking out “Lieutenant-Governor in Council” and substituting “New Brunswick Geographic Information Corporation”;
(b) in subsection (2) by striking out “Lieutenant-Governor in Council” and substituting “New Brunswick Geographic Information Corporation”.
38(3)Section 6 of the Act is amended
(a) in subsection (2) by striking out “Minister of Justice” and “Minister” and substituting “New Brunswick Geographic Information Corporation”;
(b) in subsection (3) by striking out “Department of Justice” and substituting “New Brunswick Geographic Information Corporation”;
(c) in subsection (4) by striking out “and the Minister of Justice or”;
(d) in subsection (5)
(i) in the portion preceding paragraph (a) by striking out “Subject to the direction and supervision of the Minister of Justice” and substituting “Subject to the direction and supervision of the New Brunswick Geographic Information Corporation”;
(ii) in paragraph (c) by striking out “as the Lieutenant-Governor may direct by regulation” and substituting “as the New Brunswick Geographic Information Corporation may direct”;
(iii) in paragraph (d) by striking out “Lieutenant-Governor in Council” and substituting “New Brunswick Geographic Information Corporation”.
38(4)Section 7 of the Act is amended by striking out “Lieutenant-Governor in Council” and substituting “New Brunswick Geographic Information Corporation”.
38(5)Subsection 8(2) of the Act is amended by striking out “in the office of the Minister of Justice” and substituting “with the Chief Registrar of Deeds”.
38(6)Subsection 12(2) of the Act is amended by striking out “Minister of Municipal Affairs and Environment” and substituting “Executive Director of Assessment under the Assessment Act”.
38(7)Section 13 of the Act is amended by striking out “Minister of Justice” and substituting “New Brunswick Geographic Information Corporation”.
38(8)Subsection 15(1) of the Act is amended by striking out “Minister of Justice or other person authorized by him” and substituting “Chief Registrar of Deeds or other person authorized by the New Brunswick Geographic Information Corporation”.
38(9)Subsection 15.1(1) of the Act is amended by striking out “Minister of Justice” and substituting “Chief Registrar of Deeds or other person authorized by the New Brunswick Geographic Information Corporation”.
38(10)Section 17 of the Act is amended by striking out “Minister of Justice or anyone designated by him” and substituting “Chief Registrar of Deeds or other person designated by the New Brunswick Geographic Information Corporation”.
38(11)Section 18 of the Act is amended by striking out “Minister of Justice” wherever it appears and substituting “Chief Registrar of Deeds”.
38(12)Section 19 of the Act is amended
(a) in subsection (7) by striking out “Minister of Municipal Affairs” and substituting “the Executive Director of Assessment under the Assessment Act”;
(b) in subsection (8) by striking out “Minister of Municipal Affairs” and substituting “Executive Director of Assessment under the Assessment Act”;
(c) in subsection (9) by striking out “Minister of Municipal Affairs” wherever it appears and substituting “Executive Director of Assessment under the Assessment Act”.
Residential Property Tax Relief Act
39(1)Section 1 of the Residential Property Tax Relief Act, chapter R-10 of the Revised Statutes, 1973, is amended
(a) by adding before the definition “allowance” the following:
“Administrator” means the administrator of the Residential Property Tax Relief Act as appointed by the New Brunswick Geographic Information Corporation and includes any person designated in writing by the Administrator to act on behalf of the Administrator;(administrateur)
(b) by repealing the definition “Director” and substituting the following:
“Director” means the Executive Director of Assessment of the New Brunswick Geographic Information Corporation and includes any person designated in writing by the Executive Director to act on behalf of the Executive Director;(directeur)
(c) by repealing the definition “Minister”.
39(2)Section 2 of the Act is amended
(a) in subsection (1) by adding “of Finance” after “Minister”;
(b) in subsection (1.1) by adding “of Finance” after “Minister”.
39(3)Section 6 of the Act is amended by striking out “Director” and substituting “Administrator”.
39(4)Section 6.1 of the Act is amended
(a) in subsection (1) by striking out “Director” and substituting “Administrator”;
(b) in subsection (1.1) by striking out “Director” and substituting “Administrator”;
(c) in subsection (2) by striking out “Director” and substituting “Administrator”.
39(5)Section 9 of the Act is amended by striking out “Minister” and substituting “Director”.
39(6)Section 10 of the Act is amended
(a) in subsection (1) by striking out “Director” and substituting “Administrator”;
(b) by repealing subsection (3) and substituting the following:
10(3)The Administrator may designate in writing any person employed by the New Brunswick Geographic Information Corporation to act on behalf of the Administrator for the purposes of this section.
(c) in subsection (4) by striking out “by the Director to the Minister” and substituting “by the Administrator to the Director”;
(d) in subsection (5) by striking out “Minister” and substituting “Director”.
39(7)Section 11 of the Act is amended by striking out “Director or the Minister” and substituting “Administrator or the Director”.
39(8)Subsection 13(3) of the Act is amended by striking out “Director or the Minister” and substituting “Administrator or the Director”.
Surveys Act
40(1)Section 1 of the Surveys Act, chapter S-17 of the Revised Statutes, 1973, is amended by adding after the definition “corner” the following:
“Corporation” means the New Brunswick Geographic Information Corporation;(Corporation)
40(2)Section 2 of the Act is amended by striking out “Minister of Natural Resources and Energy” and substituting “Corporation”.
40(3)Subsection 3(1) of the Act is amended by striking out “Minister” and substituting “Corporation”.
40(4)Subsection 11(2) of the Act is amended by striking out “Minister of Natural Resources and Energy” and substituting “Corporation”.
40(5)Section 13 of the Act is amended by striking out “Minister” and substituting “Corporation”.
An Act to Amend the Surveys Act
41An Act to Amend the Surveys Act, chapter 57 of the Acts of New Brunswick, 1987, is repealed.
Commencement
42This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
N.B. This Act was proclaimed and came into force March 31, 1990.
N.B. This Act is consolidated to October 1, 2015.