Acts and Regulations

2011, c.152 - Executive Council Act

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Full text
Current to 13 December 2023
2011, c.152
Executive Council Act
Deposited May 13, 2011
Definition of “fiscal year”
Repealed: 2019, c.29, s.1
2015, c.7, s.1; 2019, c.29, s.1
0.1Repealed: 2019, c.29, s.1
2015, c.7, s.1; 2019, c.29, s.1
Composition of the Executive Council
1The Executive Council shall be composed of those persons that the Lieutenant-Governor thinks fit.
R.S.1973, c.E-12, s.1
Appointment of Ministers
2Under the Great Seal of the Province, the Lieutenant-Governor in Council may appoint from among the members of the Executive Council the following Ministers who shall hold office during pleasure: a President of the Executive Council, a Minister of Agriculture, Aquaculture and Fisheries, a Minister of Education and Early Childhood Development, a Minister of Environment and Climate Change, a Minister of Finance and Treasury Board, a Minister of Health, a Minister of Indigenous Affairs, a Minister of Justice who shall also be Attorney General, a Minister of Local Government, a Minister of Natural Resources and Energy Development, a Minister of Post-Secondary Education, Training and Labour, a Minister of Public Safety, a Minister of Service New Brunswick, a Minister of Social Development, a Minister of Tourism, Heritage and Culture, and a Minister of Transportation and Infrastructure.
R.S.1973, c.E-12, s.2; 1975, c.20, s.1; 1975, c.77, s.1; 1976, c.22, s.1; 1978, c.D-11.2, s.19; 1979, c.19, s.1; 1980, c.20, s.1; 1983, c.30, s.1; 1983, c.57, s.12; 1984, c.44, s.14; 1986, c.33, s.1; 1988, c.11, s.1; 1988, c.12, s.1; 1989, c.54, s.1; 1989, c.55, s.1; 1992, c.2, s.1; 1994, c.59, s.1; 1995, c.50, s.1; 1998, c.41, s.1; 2000, c.26, s.1; 2001, c.41, s.1; 2003, c.23, s.1; 2004, c.20, s.1; 2004, c.32, s.1; 2006, c.16, s.1; 2007, c.10, s.1; 2008, c.6, s.1; 2010, c.31, s.1; 2012, c.39, s.1; 2012, c.52, s.1; 2013, c.42, s.1; 2015, c.2, s.63; 2015, c.44, s.94; 2016, c.37, s.1; 2017, c.63, s.1; 2019, c.2, s.1; 2019, c.29, s.1; 2019, c.29, s.159; 2020, c.25, s.1; 2022, c.28, s.1; 2023, c.40, s.1; 2023, c.40, s.33
Duties
3(1)The Lieutenant-Governor in Council may by Order in Council prescribe the duties of the Ministers, any other member of the Executive Council, any departments over which the Ministers and other members of the Executive Council preside, and the officers and clerks of those departments.
3(2)Any right, power, duty, function, responsibility or authority vested in or imposed on any Minister or other member of the Executive Council before or after the commencement of this subsection by or under any Act of the Legislature or of the Parliament of Canada may be transferred to, vested in, or imposed on any other member of the Executive Council that the Lieutenant-Governor in Council designates, and when such a designation is made, it is deemed to have been made on the date that is fixed by the Lieutenant-Governor in Council.
R.S.1973, c.E-12, s.3; 2004, c.20, s.1
Transfer of administration and control of property
4(1)The Lieutenant-Governor in Council may transfer, subject to those terms and conditions that the Lieutenant-Governor in Council may prescribe, the administration and control of property held by a member of the Executive Council in the name of the Crown in right of the Province
(a) to any other member of the Executive Council that the Lieutenant-Governor in Council designates, or
(b) to the Crown in right of Canada.
4(2)The Lieutenant-Governor in Council may accept the transfer of the administration and control of property from the Crown in right of Canada and may designate a member of the Executive Council to hold the property in the name of the Crown in right of the Province, subject to those terms and conditions that the Lieutenant-Governor in Council may prescribe.
4(3)Despite paragraph (1)(a), a member of the Executive Council may transfer the administration and control of property held by the member in the name of the Crown in right of the Province to another member of the Executive Council on those terms that the member may prescribe if that other member, in the document conveying the administration and control of the property, signs the document accepting the transfer and the terms and conditions prescribed.
4(4)When a member of the Executive Council transfers the administration and control of a property under subsection (3), the member shall provide to the Executive Council a report on all those transactions in the form that is approved by the Executive Council.
4(5)A report under subsection (4) shall be submitted no later than 12 months after November 29, 2001, and for every subsequent 12-month period, and shall be submitted no later than one month after each 12-month period.
4(6)A report under subsection (4) shall be published in The Royal Gazette no later than one month after the report is accepted by the Executive Council.
1979, c.19, s.2; 1980, c.19, s.1; 2001, c.14, s.2; 2023, c.17, s.79
Appointment of substitutes
5(1)The Lieutenant-Governor in Council may make regulations respecting the designation of a member or members of the Executive Council to act in the place and stead of any other member of the Executive Council who is ill or absent from the Province and authorizing the Premier, or any member of the Executive Council designated to act in the place and stead of the Premier, to make those designations.
5(2)During the period for which a member of the Executive Council is designated under subsection (1), he or she has all the powers vested in the member of the Executive Council for whom he or she is acting.
5(3)When any office referred to in section 2 becomes vacant, the Lieutenant-Governor in Council may appoint temporarily to that office another Minister to act during the vacancy, and the Acting Minister has all the powers incident to the office to which he or she is temporarily appointed.
5(4)Notice of an appointment made under subsection (3) shall be published in The Royal Gazette.
R.S.1973, c.E-12, s.4; 1975, c.20, s.2; 2001, c.41, s.1
Salaries
6(1)The Minister of Finance and Treasury Board shall pay an annual salary of $52,614 in monthly instalments to each Minister appointed under section 2, each member of the Executive Council prescribed duties under subsection 3(1) and each member of the Executive Council to, in or on whom a right, power, duty, function, responsibility or authority is transferred, vested or imposed under subsection 3(2).
6(1.1)Repealed: 2023, c.21, s.1
6(2)The Minister of Finance and Treasury Board shall pay to the Premier an annual salary of $79,000 in monthly instalments and an allowance of $2,500 annually for expenses incidental to the discharge of his or her duties as Premier.
6(2.1)Repealed: 2023, c.21, s.1
6(3)Each member of the Executive Council not in receipt of a salary under subsection (1) or (2) shall be paid by the Minister of Finance and Treasury Board an annual salary of $39,500 in monthly instalments.
6(3.1)Repealed: 2023, c.21, s.1
R.S.1973, c.E-12, s.5, s.6; 1980, c.20, s.2, s.3; 2004, c.20, s.1; 2008, c.24, s.1, s.2; 2015, c.7, s.2; 2017, c.50, s.3; 2019, c.29, s.1; 2021, c.17, s.1; 2023, c.21, s.1
Adjustment of salaries
7(1)The following definitions apply in this section.
“change in the GDP” means the percentage by which the GDP has changed in year two, expressed as a decimal, when compared to the GDP for year one.(variation du PIB)
“GDP” , in relation to a particular calendar year, means the expenditure-based gross domestic product for New Brunswick, chained to 2012 dollars, as published by Statistics Canada.(PIB)
“year one” means the calendar year immediately preceding year two.(première année)
“year two” means the calendar year immediately preceding the calendar year in which the 12-month period for which the salary is to be determined commences.(deuxième année)
7(2)Subject to subsections (3), (4) and (5), for the 12-month period commencing October 1, 2013, and for each subsequent 12-month period, the salary payable to Ministers appointed under section 2, the Premier and other members of the Executive Council shall be the amount that is determined
(a) by multiplying the change in the GDP by 75%,
(b) by increasing 1.0 by the number determined under paragraph (a), and
(c) by multiplying the salary payable for year two by the number determined under paragraph (b).
7(3)For the purposes of paragraph (2)(a), the change in the GDP shall be calculated using the most recent GDP estimates published by Statistics Canada.
7(4)For the purposes of paragraph (2)(a), if the change in the GDP is a negative number it shall be deemed to be zero.
7(5)If the number determined under paragraph (2)(b) exceeds 1.02, it shall be deemed to be 1.02.
7(6)Repealed: 2023, c.21, s.1
1981, c.23, s.1; 1985, c.46, s.1; 2001, c.43, s.1; 2004, c.20, s.1; 2008, c.24, s.3; 2009, c.46, s.1; 2011, c.7 (Supp.), s.1; 2013, c.10, s.1; 2015, c.7, s.3; 2017, c.50, s.4; 2021, c.17, s.1; 2023, c.21, s.1
Expenses
8Each member of the Executive Council engaged in public business of the Province shall be paid by the Minister of Finance and Treasury Board those allowances for his or her reasonable expenses while so engaged that are fixed by the Lieutenant-Governor in Council.
R.S.1973, c.E-12, s.7; 2019, c.29, s.1
Review of salaries
9All salaries paid under the Legislative Assembly Act and this Act shall be reviewed by the Legislative Assembly as of January 1, 1982, and every two years after that following the report of a committee appointed by the Lieutenant-Governor in Council composed of citizens who are not members of the Legislative Assembly.
1980, c.20, s.4; 1982, c.3, s.24
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to December 13, 2023.