Acts and Regulations

2013, c.3 - An Act to Amend the New Brunswick Liquor Corporation Act

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2013, c.3
An Act to Amend the
New Brunswick Liquor Corporation 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:
1Section 9 of the New Brunswick Liquor Corporation Act, chapter N-6.1 of the Revised Statutes, 1973, is repealed and the following is substituted:
9(1)The Lieutenant-Governor in Council shall appoint a President of the Corporation for a term not exceeding five years.
9(2)The President shall be appointed from among those persons nominated by the Board in accordance with subsection (7).
9(3)The President is the Chief Executive Officer of the Corporation and is, subject to the direction of the Board, charged with the general direction, supervision and control of the business of the Corporation and may exercise any other powers and duties conferred on him or her by the by-laws of the Corporation or by this Act.
9(4)The President shall be paid the remuneration that the Lieutenant-Governor in Council determines, and the payment shall be made out of the funds of the Corporation.
9(5)In determining the remuneration of the President, the Lieutenant-Governor in Council shall consider any recommendation made by the Board.
9(6)Before making nominations under this section, the Board shall advise the Lieutenant-Governor in Council of the skills and qualification requirements for nominees for the position of President.
9(7)In making nominations under this section, the Board shall
(a) use a merit-based and objective approach,
(b) ensure that nominees have the necessary skills and qualifications to hold the office of President, and
(c) provide to the Lieutenant-Governor in Council a description of the recruitment, assessment and selection processes used and the results of those processes.
9(8)A President may be reappointed for a second or subsequent term of office not exceeding five years, but subsection (2) does not apply to a President who is reappointed before or immediately after the expiry of his or her previous term.
9(9)In the case of a temporary absence or inability to act of the President, the Board may, despite anything else in this section, appoint a substitute for him or her for the period of the temporary absence or inability to act.
9(10)On the recommendation of the Board, the Lieutenant-Governor in Council may remove the President from office in accordance with a contract of employment between the Corporation and the President or in accordance with applicable law.
9(11)If the President is removed under subsection (10), the Board may, despite anything else in this section, appoint a substitute for him or her to hold office until a new President is appointed under this section.
9(12)Despite subsections (1) and (8) and subject to subsection (10), the President shall remain in office until he or she resigns or is reappointed or replaced.
9(13)The resignation of the President becomes effective at the time a written resignation is received by the Corporation, or at the time specified in the resignation, whichever is later.
9(14)The President shall devote his or her whole time and attention to the performance of his or her functions for the Corporation and shall engage in no other occupation.
9(15)The President is, by virtue of the office, a non-voting member of the Board.
2Subsection 10(2) of the Act is repealed and the following is substituted:
10(2)The remuneration and other conditions of employment of the employees, other than the remuneration referred to in subsection 9(4), shall be established by the by-laws of the Corporation.
3Despite subsections 9(1) and 9(2) of the New Brunswick Liquor Corporation Act, as amended by section 1 of this amending Act, the President of the New Brunswick Liquor Corporation in office immediately before the commencement of this amending Act shall, on the commencement of this amending Act, continue to hold the office of President until he or she resigns or is removed under subsection 9(10) of the New Brunswick Liquor Corporation Act.