Acts and Regulations

2014, c.128 - Research and Productivity Council Act

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Repealed on 1 April 2017
2014, c.128
Research and Productivity Council Act
Deposited December 30, 2014
Repealed: 2017, c.3, s.33
Definition of “Council”
1In this Act, “Council” means the body corporate established under section 2 under the name the New Brunswick Research and Productivity Council.
New Brunswick Research and Productivity Council
2There is established on behalf of the Crown in right of the Province a body corporate called the New Brunswick Research and Productivity Council.
R.S.1973, c.R-8, s.1
Composition of Council
3(1)The Council shall consist of not fewer than nine and not more than 15 members chosen from the fields of industry and commerce, organized labour, government and higher education, to be appointed by the Lieutenant-Governor in Council as provided in section 4.
3(2)The members appointed under subsection (1) shall include
(a) a person nominated by the Minister of the Government of Canada or the agency of the Government of Canada designated by the Lieutenant-Governor in Council,
(b) a person nominated by the member of the Executive Council designated by the Lieutenant-Governor in Council,
(c) a person nominated by the Premier of New Brunswick, and
(d) a consulting engineer nominated by the member of the Executive Council designated by the Lieutenant-Governor in Council from an association of consulting engineering firms in New Brunswick.
3(3)The Regulations Act does not apply to a designation made under subsection (2).
3(4)If a nomination is not made under subsection (2), the Lieutenant-Governor in Council may appoint a person.
R.S.1973, c.R-8, s.2; 1992, c.22, s.1
Appointment of Executive Director, chair and other members of Council
4(1)One member of the Council shall serve as Executive Director and shall hold office during pleasure.
4(2)A member of the Council, other than the Executive Director, shall be appointed for a term not exceeding three years.
4(3)A member of the Council, other than the Executive Director, shall be appointed chair of the Council for a term fixed by the Lieutenant-Governor in Council not exceeding three years.
4(4)A member of the Council may be reappointed.
4(5)A member of the Council, other than the Executive Director, shall not serve more than six consecutive years.
R.S.1973, c.R-8, s.3; 1992, c.22, s.2
Remuneration and expenses
5(1)The Executive Director shall be paid the remuneration and expenses determined by or in accordance with the by-laws of the Council.
5(2)Members of the Council, other than the Executive Director, shall serve without remuneration but are entitled to be paid out of the Consolidated Fund reasonable travelling and living expenses incurred while absent from their ordinary place of residence in the course of their duties.
5(3)Despite subsection (2), the chair of the Council may be paid out of the Consolidated Fund an honorarium approved by the Lieutenant-Governor in Council.
R.S.1973, c.R-8, s.4; 1992, c.22, s.3; 1996, c.21, s.1
Quorum
6Eight members of the Council constitute a quorum.
R.S.1973, c.R-8, s.5; 1992, c.22, s.4
Vacancy
7A vacancy in the membership of the Council does not impair the right of the remainder to act.
R.S.1973, c.R-8, s.6
Executive Director as chair
8In the event of the absence or incapacity of the chair of the Council, or if the office of chair is vacant, the Executive Director shall act as chair.
R.S.1973, c.R-8, s.7
Meetings
9The Council shall meet at least four times a year in The City of Fredericton on days fixed by the Council, or at other times and places as the Council considers necessary.
R.S.1973, c.R-8, s.8
Objects
10The objects of the Council are to promote, stimulate and expedite continuing improvement in productive efficiency and expansion in the various sectors of the New Brunswick economy, and without limiting the generality of the preceding, the Council shall
(a) assist, encourage and, where necessary, conduct research, studies and investigations in the field of industrial and scientific technology, particularly those related to
(i) the conservation, development and utilization of the natural resources of the Province,
(ii) the development of improved production and distribution methods,
(iii) the development of improved management techniques,
(iv) the use of training and retraining programs at all levels of industry,
(v) the extension of industrial research programs in plants and in industries as a means of achieving greater productivity,
(vi) the dissemination of technical information,
(vii) the development and utilization of the by-products of any processes involving the treatment or use of the mineral, timber or other resources of the Province, and
(viii) the improvement and development of industrial materials, products and techniques, and
(b) cooperate and act in conjunction with other organizations and agencies, public and private, in the implementation of programs designed to give effect to any of the objects described in paragraph (a).
R.S.1973, c.R-8, s.9; 1992, c.22, s.5
Powers
11In addition to the general powers conferred on or vested in the Council by this Act, the Council may
(a) make by-laws, subject to the approval of the Lieutenant-Governor in Council, regulating its proceedings and generally for the conduct of its activities, including making by-laws respecting the remuneration and expenses that may be paid to the Executive Director,
(b) enter into contracts or agreements to carry out its objects,
(c) charge fees fixed by the Council for the services provided by the Council,
(d) acquire by purchase, lease, gift, donation, bequest or otherwise any real or personal property, including securities, and own, hold, sell, manage the property or deal in or with the property as the Council determines, and
(e) expend any money appropriated by the Legislature for the work of the Council or received by the Council through the conduct of its operations or by gift, donation, bequest or otherwise.
R.S.1973, c.R-8, s.10; 1992, c.22, s.6; 1996, c.21, s.2
Executive Director
12The Executive Director has charge of all matters related to the administration of the affairs of the Council and has supervision over and direction of the work of the staff of the Council.
R.S. 1973, c.R-8, ss.11(1)
Officers and employees
13(1)Subject to the approval of the Council, the Executive Director may
(a) appoint the officers and employees as are necessary for the proper conduct of the work of the Council, and
(b) prescribe the duties of the officers and employees of the Council and prescribe the conditions of their employment.
13(2)The officers and employees of the Council appointed under subsection (1) shall be paid the salaries and expenses fixed by the Council out of money provided for the work of the Council.
R.S.1973, c.R-8, ss.11(2), (3); 1984, c.44, s.18; 1985, c.4, s.59; 1992, c.22, s.7
Pensions
14The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the Executive Director and the staff of the Council.
R.S.1973, c.R-8, s.12; 2013, c.44, s.41
Financing
15The Minister of Finance shall pay annually to the Council out of the Consolidated Fund those amounts that are appropriated by the Legislature for the purpose.
R.S.1973, c.R-8, s.13
Annual audit
16The accounts and financial transactions of the Council shall be audited annually by the Auditor General and a report of the audit shall be made to the Council and the Premier of New Brunswick.
R.S.1973, c.R-8, s.14; 1982, c.3, s.68
Annual report to the Legislature
17Within two months after the Council receives the Auditor General’s report of the audit for each fiscal year, the chair of the Council shall submit to the Premier of New Brunswick or the Premier’s designate a report of all proceedings under this Act for the fiscal year, including the financial statements of the Council and the Auditor General’s report, and the Premier or the Premier’s designate, as the case may be, shall cause the reports to be laid before the Legislative Assembly within 15 days after the receipt of the reports.
R.S.1973, c.R-8, s.15; 1982, c.3, s.68; 1992, c.22, s.8
Work Plan
18(1)Before the first day of each fiscal year, the chair of the Council shall submit a work plan for that fiscal year to the member of the Executive Council designated by the Lieutenant-Governor in Council.
18(2)The Regulations Act does not apply to a designation made under subsection (1).
R.S.1973, c.R-8, s.16; 1992, c.22, s.9
N.B. This Act was proclaimed and came into force February 9, 2015.
N.B. This Act is consolidated to April 1, 2017.