Acts and Regulations

83-227 - General

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 83-227
under the
Financial Administration Act
(O.C. 83-1069)
Filed December 20, 1983
Under section 56 of the Financial Administration Act, the Lieutenant-Governor in Council, on the recommendation of the Board, makes the following Regulation:
2018-38
1This Regulation may be cited as the General Regulation - Financial Administration Act.
2(1)Where a department requests that an asset be deleted under subsection 23(1) or (2) of the Financial Administration Act, the department shall send to the Office of the Comptroller a Memorandum to the Treasury Board, in the case of an asset to be deleted under subsection 23(1), or a request in writing to the Secretary to the Board, in the case of an asset to be deleted under subsection 23(2).
2(2)A Memorandum to the Treasury Board or a request to the Secretary to the Board under subsection (1) shall contain the following information:
(a) a recommendation approved by the Minister or Deputy Minister of the department that the asset be wholly or partially deleted;
(b) a statement saying what steps had been taken to collect the account; and
(c) a statement saying what financial effect this deletion will have on the Province’s accounts.
2(3)After receiving a Memorandum to the Treasury Board referred to in subsection (1), the Office of the Comptroller shall send it to the Board together with the Comptroller’s recommendation.
2(4)After receiving a request to the Secretary to the Board referred to in subsection (1), the Office of the Comptroller shall send it to the Secretary to the Board together with the Comptroller’s recommendation.
2(5)Where the Board or the Secretary to the Board, as the case may be, is satisfied that the deletion is appropriate, the Board or the Secretary may direct that the asset be deleted either in whole or in part from the accounts of the Province.
2(6)Before deleting any asset, the Office of the Comptroller, the Board or the Secretary to the Board may require such further information as is considered necessary in order to make a decision.
85-27; 94-60; 2016, c.37, s.71; 2018-38
3Under paragraph 44(1)(b) of the Act, any existing debt or future debt due or becoming due by the Province in respect of a claim for compensation arising out of an expropriation for which claim there is a right of action enforceable by action against the Province, is a debt of the Province which is assignable, subject to sections 43, 44 and 46 of the Act.
2018-38
4Where the Minister initiates proceedings pursuant to section 46 of the Act, a notice shall be forwarded by the Minister by registered mail to the person who has received public money and has not paid it over, accounted for it or applied it as required.
2018-38
5(1)Where any property that is to be disposed of under the Act is unserviceable, redundant, worn out or no longer required, the Minister or Deputy Head of the department seeking the disposal shall transfer such property to the Minister of Transportation and Infrastructure for disposal.
5(2)Before the disposal of any property referred to in subsection (1) that is valued in excess of five thousand dollars, the Minister of Transportation and Infrastructure shall obtain the approval of the Treasury Board.
5(3)Where the disposal of any property referred to in subsection (1) that is valued in excess of five thousand dollars occurs through incorrect valuation, the Treasury Board may ratify such action on behalf of the Minister of Transportation and Infrastructure.
5(4)The approval under subsection (2) or the ratification under subsection (3) shall be evidenced by a Treasury Board minute.
5(5)The Minister of Transportation and Infrastructure shall distribute lists of property referred to in subsection (1) to departments and may dispose of property to such departments by transfer at book value plus the cost of transportation.
5(6)Notwithstanding subsection (5), the Minister of Transportation and Infrastructure may dispose of property referred to in subsection (1) by transfer at cost, appraised or book value or a nominal sum to a charitable, religious or non-profit organization, a local government, a government of another province or territory, the government of Canada or a corporation or agency in which the Province has a majority interest.
5(7)Where property referred to in subsection (1) has not been disposed of under subsection (5) or (6), the Minister of Transportation and Infrastructure shall dispose of such property
(a) by advertised public auction which may be conducted at any location within the Province,
(b) by advertised public tender,
(c) where the Minister of Transportation and Infrastructure determines that the only value in the property is salvage value, by sealed offer solicited from more than one source,
(d) where the Minister of Transportation and Infrastructure determines that the value of each item of the property is five hundred dollars or less, by locally advertised cash and carry sale, or
(e) where the Minister of Transportation and Infrastructure determines that the property has no value, by disposal at the local sanitary landfill site, except that where such property may be hazardous to the health of the citizens of the Province, disposal shall be made in the manner required by the Minister of Environment and Climate Change.
5(8)All money realized from the disposal of property under this section shall be credited
(a) against the cost of disposal and any remaining book value, and
(b) to general revenue.
5(9)The Minister of Transportation and Infrastructure shall maintain adequate records of each transaction relating to the disposal of property under this section, including where appropriate
(a) the name of the buyer or recipient,
(b) a description of the property, including serial number where applicable,
(c) the location and date of disposal, and
(d) proof of authorization,
and shall amend inventory records accordingly.
85-27; 85-158; 85-164; 86-105; 87-147; 89-50; 89-75; 92-59; 98-99; 2000, c.26, s.128; 2005-66; 2006, c.16, s.71; 2010, c.31, s.46; 2012, c.39, s.70; 2016, c.37, s.71; 2017, c.20, s.70; 2020, c.25, s.52
5.1Repealed: 2015, c.44, s.95
2012, c.52, s.23; 2015, c.44, s.95
6(1)Notwithstanding subsection 5(1), where any property that is to be disposed of under the Act is unserviceable, redundant, worn out or no longer required and has a cumulative value of less than one thousand dollars, the Minister of Transportation and Infrastructure may authorize the Minister of the department seeking the disposal to dispose of such property.
6(2)Before making an authorization under subsection (1), the Minister of Transportation and Infrastructure shall be satisfied as to the value of the property to be disposed of.
6(3)The Minister authorized under subsection (1) shall dispose of property referred to in subsection (1)
(a) by advertised public auction which may be conducted at any location within the Province,
(b) by advertised public tender,
(c) where the Minister determines that the only value in the property is salvage value, by sealed offer solicited from more than one source,
(d) where the Minister determines that the value of each item of the property is five hundred dollars or less, by locally advertised cash and carry sale, or
(e) where the Minister determines that the property has no value, by disposal at the local sanitary landfill site, except that where such property may be hazardous to the health of the citizens of the Province, disposal shall be made in the manner required by the Minister of Environment and Climate Change.
6(4)Subsections 5(8) and (9) apply with the necessary modifications to the disposal of property referred to in subsection (1) by the Minister authorized under subsection (1).
89-75; 1998, c.41, s.55; 2000, c.26, s.128; 2006, c.16, s.71; 2010, c.31, s.46; 2012, c.39, s.70; 2020, c.25, s.52
6.01Repealed: 2015, c.44, s.95
2012, c.52, s.23; 2015, c.44, s.95
6.1(1)In this section
“constituency office assets” means office equipment or office furnishings;(éléments d’actif d’un bureau de comté)
“office equipment” means an air conditioner, an answering machine, a calculator, a cellular telephone, a computer, a dictaphone, a fax machine, a photocopier, a printer, software, a telephone, a typewriter, a word processor or other similar equipment;(matériel de bureau)
“office furnishings” means an area carpet, a bookcase, a chair, a coat rack, a desk, a desk set, drapes, a file basket, a filing cabinet, a flip chart, a lamp, a shelving unit, a sign, a table, a wastepaper basket or other similar furnishings.(fournitures de bureau)
6.1(2)Notwithstanding any other provision of this Regulation, if a member of the Legislative Assembly resigns or, after dissolution or ending of the Legislative Assembly, is not re-elected for any reason as a member of the Legislative Assembly in the next following provincial general election, the Clerk of the Legislative Assembly may dispose of the constituency office assets that were paid for out of that former member’s constituency office allowance by selling them to that former member at book value.
95-134
7(1)Notwithstanding sections 5 and 6, the Deputy Head of an organization not having specific statutory disposal authority, may dispose of personal property by way of a practice known as trade-in.
7(2)Trade-in of personal property shall be transacted by the Department of Transportation and Infrastructure.
2012, c.39, s.70; 2015, c.44, s.95
7.1The Minister of a department shall dispose of property referred to in a settlement approved by the Treasury Board in respect of a former employee of that department to such employee by transfer in accordance with the terms of the settlement.
89-75; 2016, c.37, s.71
7.2(1)A Deputy Head who has been assigned a government vehicle and who receives an immediate pension under section 3 of the Special Retirement Program Act may purchase that vehicle from the Province at the current book value or two thousand dollars, whichever is greater.
7.2(2)A Deputy Head may purchase a government vehicle from the Province at the current book value or two thousand dollars, whichever is greater, if
(a) that vehicle has been assigned to one or more Deputy Heads for a total of at least forty-eight months before the date of purchase, and
(b) that vehicle is assigned to that Deputy Head at the date of purchase.
7.2(3)A Deputy Head who has been assigned a government vehicle may, within thirty days after ceasing to be a Deputy Head, purchase that vehicle from the Province at the current book value or two thousand dollars, whichever is greater.
7.2(4)A member or former member of the Executive Council who has been assigned a government vehicle may, within thirty days after ceasing to be a member of the Executive Council, purchase that vehicle from the Province at the current book value or two thousand dollars, whichever is greater.
7.2(5)A Speaker of the Legislative Assembly who has been assigned a government vehicle may, after ceasing to be Speaker and on the approval of the Treasury Board, purchase that vehicle from the Province at the current book value or two thousand dollars, whichever is greater.
89-75; 98-99; 2016, c.37, s.71
7.3(1)Subject to subsection (2), the Minister or Deputy Head of a department may, with the approval of the Minister of Transportation and Infrastructure, lease or lend any personal property of the Province that is under the administration and control of the Minister, but is temporarily not required, to any local government, any charitable, religious or non-profit organization or any person outside government.
7.3(2)The Minister of the department referred to in subsection (1) shall obtain the approval of the Treasury Board before leasing or lending any personal property that is valued in excess of five thousand dollars.
7.3(3)Where the lease or loan of any personal property that is valued in excess of five thousand dollars occurs through incorrect valuation, the Treasury Board may ratify such action on behalf of the Minister of the department referred to in subsection (1).
7.3(4)An approval under subsection (2) or a ratification under subsection (3) shall be evidenced by a Treasury Board minute.
7.3(5)The Minister of the department referred to in subsection (1) shall ensure that the personal property is returned to the department at the termination of the lease or loan.
7.3(6)All money realized from the lease or loan of surplus personal property of the Province shall be deposited in the Consolidated Fund.
7.3(7)Notwithstanding subsection (6), a special operating agency may retain money realized from the lease or loan of surplus personal property if the retention is provided for in its business plan and its business plan is approved by the Treasury Board.
97-60; 2005-66; 2010, c.31, s.46; 2012, c.52, s.23; 2015, c.44, s.95; 2016, c.37, s.71; 2017, c.20, s.70
8(1)When ordered by the Treasury Board, the Minister shall pay out of the Consolidated Fund interest on money paid to the Province for a special purpose and deposited to the credit of the Consolidated Fund if the money has been credited to the account of the Consolidated Fund for a period of more than six months.
8(2)The interest on money referred to in subsection (1) shall
(a) be calculated from the date of deposit or April 1, 1990, whichever occurs later,
(b) be credited quarterly,
(c) be paid at the rate paid on ninety-one day treasury bills issued by the Government of Canada at the treasury bill auction immediately preceding the beginning of the quarter, and
(d) notwithstanding paragraph (b), accrue to and be paid out on the date the money is paid out.
8(3)Notwithstanding subsection (2), the interest on money paid to the Province for a special purpose and deposited to the credit of the Consolidated Fund under the Crown Construction Contracts Act before the commencement of this section shall be three per cent per year.
8(4)Notwithstanding paragraph (2)(c), the interest on money paid to the Province for the purpose of financing the cost of services provided by the Province to operate and maintain Strait Crossing Finance Inc. and deposited to the credit of the Consolidated Fund shall be eight per cent per year.
85-27; 90-28; 94-103; 2005-137; 2016, c.37, s.71
8.1The amount of an administrative charge under section 53 of the Financial Administration Act is $25.00.
96-24; 2018-38
9Vouchers made payable to the Minister authorizing the transfer of funds from one Province of New Brunswick bank account to another may be signed by two persons in the Treasury Division of the Department of Finance and Treasury Board, namely, the Assistant Deputy Minister, the Executive Director, the Managing Director or the Director.
2012, c.39, s.70; 2019, c.29, s.60
10The Financial Administration Act shall apply to the departments listed in Schedule A and to the divisions of the public service listed in Schedule B.
11Regulation 72-39 under the Financial Administration Act is repealed.
SCHEDULE A
Department of Aboriginal Affairs
Department of Agriculture, Aquaculture and Fisheries
Department of Education and Early Childhood Development
Department of Environment and Local Government
Department of Finance and Treasury Board
Department of Health
Department of Justice and Public Safety
Department of Natural Resources and Energy Development
Department of Post-Secondary Education, Training and Labour
Department of Social Development
Department of Tourism, Heritage and Culture
Department of Transportation and Infrastructure
85-27; 88-27; 88-138; 89-69; 92-59; 94-151; 96-43; 1998, c.41, s.55; 2000, c.26, s.128; 2001-74; 2001-78; 2001, c.41, s.9; 2003, c.23, s.3; 2003-34; 2004, c.20, s.25; 2005-117; 2006-19; 2006, c.16, s.71; 2007, c.10, s.34; 2007-14; 2008-43; 2008, c.6, s.23; 2010, c.31, s.46; 2012, c.39, s.70; 2012, c.52, s.23; 2013, c.42, s.9; 2015, c.2, s.64; 2015, c.44, s.95; 2016, c.37, s.71; 2019, c.2, s.59; 2019, c.29, s.60; 2019, c.29, s.178; 2020, c.25, s.52
SCHEDULE B
Executive Council Office
Legislative Assembly
New Brunswick Police Commission
Office of the Comptroller
Office of the Premier
Public Service Labour Relations Board
85-27; 88-14; 88-34; 88-138; 90-70; 92-59; 93-179; 93-188; 94-32; 2011-45; 2012, c.39, s.70; 2015, c.2, s.64
N.B. This Regulation is consolidated to December 18, 2020.