Acts and Regulations

2015, c.44 - Service New Brunswick Act

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Full text
Current to 1 January 2024
CHAPTER 2015, c.44
Service New Brunswick Act
Assented to June 5, 2015
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
DEFINITIONS
Definitions
1The following definitions apply in this Act.
“Board” means the board of directors of Service New Brunswick appointed under section 11.(conseil)
“Chief Executive Officer” means the Chief Executive Officer of Service New Brunswick appointed under section 18.(directeur général)
“deputy head” means deputy head as defined in the Civil Service Act.(administrateur général)
“local government body” means a municipality, rural community or regional municipality incorporated or continued under the Local Governance Act.(organisme d’administration locale)
“Minister” means the Minister of Service New Brunswick and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“personal information” means personal information as defined in the Right to Information and Protection of Privacy Act.(renseignements personnels)
“public body” means a portion of the public service specified in Part 1 or Part 3 of the First Schedule of the Public Service Labour Relations Act.(organisme public)
“public service” means public service as defined in the Public Service Labour Relations Act.(services publics)
2016, c.37, s.177; 2017, c.20, s.167
SERVICE NEW BRUNSWICK
Establishment of Service New Brunswick
2(1)There is established a body corporate without share capital called Service New Brunswick.
2(2)Service New Brunswick shall consist of those persons who compose the Board.
2(3)The head office of Service New Brunswick is at The City of Fredericton.
Objects and purposes
3The objects and purposes of Service New Brunswick are
(a) to provide services to public bodies, local government bodies, other governments, the public and other bodies or persons,
(b) to provide services to the public on behalf of public bodies, local government bodies, other governments and other bodies or persons,
(c) to acquire and maintain the infrastructure needed to support the delivery of services,
(d) to provide products for sale or otherwise to public bodies, local government bodies, other governments, the public and other bodies or persons,
(e) to administer any legislation that it is responsible to administer, and
(f) to carry out any other activities or duties that the Lieutenant-Governor in Council directs.
Powers and duties
4(1)Subject to this Act and the regulations, Service New Brunswick has the capacity, rights, powers and privileges of a natural person.
4(2)Without limiting the generality of subsection (1), Service New Brunswick may
(a) receive, acquire, take, hold, mortgage, sell, convey or otherwise dispose of or deal with real and personal property and any interest in real and personal property,
(b) enter into agreements or arrangements with any person, including the Crown in right of the Province, the Government of Canada, a local government body, another government, or an agency or institution of any government,
(c) exercise any power given to Service New Brunswick under any act or regulation, and
(d) do any other things that are required or authorized by this Act or the regulations or that Service New Brunswick considers necessary or incidental to the attainment of its objects and purposes.
4(3)Service New Brunswick shall perform any duty imposed on it under any act or regulation.
Delegation by Service New Brunswick
5(1)Service New Brunswick may delegate in writing any of its powers or duties to the following persons:
(a) the Chair of the Board;
(b) another member of the Board;
(c) an employee of Service New Brunswick; or
(d) a committee of Service New Brunswick established by the by-laws.
5(2)In a delegation under subsection (1), Service New Brunswick may impose on the delegate terms and conditions that it considers appropriate.
5(3)A delegate to whom this section applies shall comply with the terms and conditions in the delegation.
Agreements or arrangements to provide services
6(1)Service New Brunswick may enter into an agreement or arrangement with a public body to provide a service to the public body.
6(2)Service New Brunswick may enter into an agreement or arrangement with a portion of the public service specified in Part 2 or Part 4 of the First Schedule of the Public Service Labour Relations Act to provide a service to that portion of the public service.
6(3)Service New Brunswick may enter into an agreement or arrangement with a body or person not referred to in subsection (1) or (2) to provide a service to that body or person.
Prescribed public bodies required to receive specified services
7A public body prescribed by regulation shall receive from Service New Brunswick any service specified by regulation for that public body.
Service New Brunswick may engage a third party to provide a service on its behalf
8(1)Service New Brunswick may engage a third party to provide, on behalf of Service New Brunswick, any service in relation to which Service New Brunswick has entered into an agreement or arrangement under section 6.
8(2)Service New Brunswick may engage a third party to provide, on behalf of Service New Brunswick, any service that a public body is required to receive from Service New Brunswick under section 7.
8(3)If Service New Brunswick engages a third party to provide a service under subsection (1) or (2), Service New Brunswick shall enter into a written agreement with that third party with respect to the disclosure, collection and use of information, including personal information, that relates directly to and is necessary for the provision of the service.
8(4)An agreement entered into under subsection (3) shall
(a) provide for the protection of personal information against risks, including unauthorized access, use, disclosure or destruction; and
(b) contain any terms, conditions, prohibitions, restrictions or requirements prescribed by regulation relating to the access, use, disclosure or destruction of personal information.
8(5)A third party that has been engaged to provide a service by Service New Brunswick shall not disclose any information, including personal information, disclosed to, collected by or used by the third party under this Act except in accordance with an agreement entered into under subsection (3).
8(6)An agreement entered into under subsection (3) shall be deemed to be the written agreement required under section 46.2 of the Right to Information and Protection of Privacy Act.
2017, c.31, s.73
Agent of the Crown in right of the Province
9Service New Brunswick is an agent of the Crown in right of the Province.
BOARD
Role of Board
10(1)The Board shall administer the business and affairs of Service New Brunswick, and all decisions and actions of the Board are to be based generally on sound business practices.
10(2)For the purpose of administering the business and affairs of Service New Brunswick, the Board may exercise all of the powers of Service New Brunswick.
Board composition
11(1)The Board shall consist of
(a) seven members who are not employed in the public service,
(b) one member who, in the opinion of the Minister of Health, represents Regional Health Authority A,
(c) one member who, in the opinion of the Minister of Health, represents Regional Health Authority B,
(d) three members who are deputy heads, and
(e) the Chief Executive Officer.
11(2)A member of the Board referred to in paragraph (1)(a) shall be appointed by the Lieutenant-Governor in Council.
11(3)A member of the Board referred to in paragraph (1)(b) or (c) shall be appointed by the Minister on the recommendation of the Minister of Health.
11(4)A member of the Board referred to in paragraph (1)(d) shall be appointed by the Minister.
Terms of office and vacancies
12(1)A member of the Board referred to in paragraph 11(1)(a) shall hold office at the pleasure of the Lieutenant-Governor in Council for a term not exceeding three years.
12(2)A member of the Board referred to in paragraph 11(1)(b), (c) or (d) shall hold office at the pleasure of the Minister for a term not exceeding three years.
12(3)Subject to subsection (5), a member of the Board may be reappointed.
12(4)Subject to subsection (5), a member of the Board remains in office despite the expiry of his or her term until the member resigns or is reappointed or replaced.
12(5)A member of the Board referred to in paragraph 11(1)(a), (b) or (c) is not eligible to hold office for more than nine years, whether consecutively or otherwise.
12(6)A vacancy on the Board does not impair the capacity of the Board to act.
12(7)In the case of the temporary absence or inability to act of a member of the Board referred to in paragraph 11(1)(a), the Lieutenant-Governor in Council may appoint a substitute for the member for the period of the temporary absence or inability to act.
12(8)In the case of the temporary absence or inability to act of a member of the Board referred to in paragraph 11(1)(b), (c) or (d) the Minister may appoint a substitute for the member for the period of the temporary absence or inability to act.
2021, c.13, s.1
Terms of office of first Board
13(1)Despite subsection 12(1), the members referred to in paragraph 11(1)(a) shall be appointed to the first Board as follows:
(a) three members shall be appointed for a term of three years,
(b) three members shall be appointed for a term of two years, and
(c) one member shall be appointed for a term of one year.
13(2)The members of the Board referred to in subsection (1) shall hold office at the pleasure of the Lieutenant-Governor in Council.
Chair and Vice-Chair of the Board
14The Lieutenant-Governor in Council shall appoint from among the members of the Board referred to in paragraph 11(1)(a) a Chair and a Vice-Chair, each of whom shall hold office for the term fixed by the Lieutenant-Governor in Council.
Secretary
15The Board shall appoint an employee of Service New Brunswick to be the secretary of the Board who shall perform the duties and functions directed by the Board.
Meetings and quorum
16(1)The Board shall meet at least four times in each fiscal year.
16(2)A majority of the voting members of the Board constitutes a quorum.
16(3)The Board shall ensure that minutes of each of its meetings are taken and that the minutes are approved by the Board and certified to be correct by the secretary of the Board.
Remuneration and expenses
17(1)A member of the Board who is not employed in the public service is entitled to be paid the remuneration fixed by the Lieutenant-Governor in Council.
17(2)A member of the Board is entitled to be reimbursed for accommodation, meal and travel expenses reasonably incurred in connection with his or her duties on the Board in accordance with the Treasury Board travel policy guidelines, as amended.
2016, c.37, s.177
EMPLOYEES
Chief Executive Officer
18(1)The Chief Executive Officer of Service New Brunswick shall be appointed by the Lieutenant-Governor in Council.
18(2)The Chief Executive Officer is entitled to be paid the remuneration fixed by the Lieutenant-Governor in Council.
18(3)The Chief Executive Officer is charged with the supervision, operation and control of the business and affairs of Service New Brunswick and may exercise any other powers conferred on him or her by the Board in the by-laws.
18(4)The Chief Executive Officer is, by virtue of the office, a non-voting member of the Board.
Employees
19(1)The first employees of Service New Brunswick shall be the Chief Executive Officer and the employees referred to in sections 47, 59, 66 and 76.
19(2)Despite the Financial Administration Act, every subsequent employee of Service New Brunswick, other than the Chief Executive Officer, shall be appointed in accordance with the staff requirements and mode of appointment established by the Board in the by-laws.
19(3)Subject to any applicable collective agreement and despite the Financial Administration Act, the remuneration and other conditions of employment of the employees of Service New Brunswick, other than the Chief Executive Officer, and their functions and duties, shall be established by the Board in the by-laws.
19(4)An employee of Service New Brunswick is entitled to be reimbursed for accommodation, meal and travel expenses reasonably incurred in connection with his or her duties in accordance with the Treasury Board travel policy guidelines, as amended.
19(5)Repealed: 2016, c.2, s.1
2016, c.2, s.1; 2016, c.37, s.177
Closed competitions
20A 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 Service New Brunswick and, in relation to a closed competition in which that person is a candidate, has the status of an employee of Service New Brunswick.
FINANCIAL MATTERS
Fiscal year
21The fiscal year of Service New Brunswick begins on April 1 of one year and ends on March 31 in the next year.
Funding from Consolidated Fund
22The Minister of Finance and Treasury Board shall pay out of the Consolidated Fund to Service New Brunswick, quarterly in advance, in four equal instalments, the annual amount appropriated for the purposes of this Act.
2019, c.29, s.148
Money to be paid to Service New Brunswick
23(1)Service New Brunswick may charge a public body, a local government body, another government or other body or person for the provision of a service to the public on behalf of the public body, local government body or other government, body or person.
23(2)Service New Brunswick may charge a public body, a local government body, another government or other body or person for a service provided to the public body, local government body or other government, body or person.
23(3)All money received from the provision of services, products, or otherwise accruing in the administration of an act or regulation that Service New Brunswick is responsible for administering, except money collected on behalf of a public body, a local government body another government or other body or person, shall be paid to Service New Brunswick.
Money to be paid to Service New Brunswick for property assessment services
24(1)Subject to subsection (2), Service New Brunswick may on an annual basis charge local government bodies, and the Crown in right of the Province on behalf of rural districts, for the property assessment services that are performed by Service New Brunswick on behalf of the local government bodies and rural districts.
24(2)On or before October 1 of each year or as soon as practicable after that date, Service New Brunswick shall,
(a) subject to the approval of the Treasury Board, establish the total amount to be charged to local government bodies, and to the Crown in right of the Province on behalf of rural districts, in the following year, and
(b) determine, from the total amount established under paragraph (a), the amount to be charged to each local government body, and to the Crown in right of the Province on behalf of each rural district, in the following year.
24(3) On or before April 1 of each year, Service New Brunswick shall
(a) send to each local government body an invoice indicating the amount determined under paragraph (2)(b) in relation to that local government body, and
(b) send to the Department of Environment and Local Government on behalf of the Crown in right of the Province an invoice indicating the amount determined under paragraph (2)(b) in relation to each rural district.
24(4)The amount indicated on an invoice under subsection (3) is a debt due and payable to Service New Brunswick by the local government body named in the invoice or by the Crown in right of the Province, as the case may be.
24(5)If any portion of the amount indicated on an invoice under subsection (3) remains outstanding after 60 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.
2016, c.37, s.177; 2021, c.44, s.55
Expenses
25The remuneration and expenses of the members of the Board, the Chief Executive Officer and other employees of Service New Brunswick and all costs, charges and expenses incurred and payable in respect of the conduct of the business and affairs of Service New Brunswick shall be paid by Service New Brunswick.
Banking
26(1)Service New Brunswick shall maintain in its own name one or more accounts in a bank, trust company or credit union designated by the Minister of Finance and Treasury Board for the purposes of subsection 17(1) of the Financial Administration Act.
26(2)Despite the Financial Administration Act, but subject to subsection 23(3), all money received by Service New Brunswick through the conduct of its operations or otherwise is to be deposited to the credit of the account or accounts established under subsection (1) and shall be administered by Service New Brunswick exclusively in the exercise and performance of its powers, duties and functions.
2019, c.29, s.148
Borrowing
27(1)Service New Brunswick may, with the approval of the Minister of Finance and Treasury Board, borrow money from and make arrangements with any chartered bank for loans or money overdrafts and may mortgage the lands and other assets of Service New Brunswick to secure those loans.
27(2)The Lieutenant-Governor in Council may from time to time and on the terms and conditions that the Lieutenant-Governor in Council considers expedient, authorize the guarantee by the Minister of Finance and Treasury Board, on behalf of the Crown in right of the Province, of the repayment of all money borrowed by Service New Brunswick under this section, and that guarantee, when given, renders the Crown in right of the Province liable for the repayment of the money borrowed.
27(3)The Minister of Finance and Treasury Board may advance out of the Consolidated Fund the sums that are necessary for the purpose of discharging, in whole or in part, all or any liabilities of Service New Brunswick guaranteed under subsection (2), and all sums advanced are to be repaid by Service New Brunswick in the amounts and at the times determined by the Minister of Finance and Treasury Board and, until paid, bear interest at a rate determined by the Minister of Finance and Treasury Board.
2019, c.29, s.148
Holding over of funds
28(1)Despite the Financial Administration Act, but subject to subsection (2), Service New Brunswick may hold funds over any fiscal year, whether received from the Consolidated Fund or from another source.
28(2)The Minister of Finance and Treasury Board may direct that any funds that would otherwise be held over be paid into the Consolidated Fund.
2019, c.29, s.148
Budget
29(1)Before April 1 of each year, the Board shall prepare and submit to the Treasury Board a proposed budget containing the estimates of the amounts required for the operation of Service New Brunswick for the next fiscal year, and the budget shall include a provision for any loans and advances required by Service New Brunswick.
29(2)Within 30 days after receiving the budget, the Secretary to Treasury Board may make a report on the budget containing the recommendations that the Secretary considers appropriate to the Chair of the Board.
29(3)If in any fiscal year it appears that the actual revenue or expenditure of Service New Brunswick is likely to be substantially greater or less than estimated in its budget, the Board shall submit to Treasury Board a revised budget containing the particulars required under subsection (1).
2016, c.37, s.177
Audit
30The financial statements of Service New Brunswick shall be audited at least once a year by an auditor appointed by the Board, and may be audited by the Auditor General at his or her initiative or on the request of the Lieutenant-Governor in Council.
Reporting
31(1)Within six months after the end of the fiscal year, Service New Brunswick shall submit to the Minister an annual report, containing audited financial statements for the fiscal year, in the form that the Minister requires.
31(2)The Minister shall lay the report before the Legislative Assembly if it is in session or, if it is not in session, at the next ensuing session.
GENERAL PROVISIONS
Geographic information
32Service New Brunswick may coordinate geographic information services and establish standards for the collection, storage and dissemination of geographic information in the Province.
By-laws
33(1)In addition to any other by-laws authorized or required to be made under this Act and subject to this Act, the Board may make by-laws for the control and management of the business and affairs of Service New Brunswick, including, but not limited to, by-laws respecting
(a) the establishment, composition, operation and dissolution of committees of the Board, and
(b) the time and place for the holding of meetings of the Board or of a committee of the Board and the procedure at the meetings.
33(2)The Board shall make by-laws establishing the policy of Service New Brunswick in respect of situations considered by the Board to constitute an actual or potential conflict of interest pertaining to members of the Board, including, but not limited to, the circumstances that constitute an actual or potential conflict of interest, the disclosure of the actual or potential conflict of interest and the manner in which it is to be dealt with.
33(3)A by-law made under subsection (2) or subsection 19(2) or (3) is ineffective until it has been approved by the Lieutenant-Governor in Council.
33(4)A by-law made under this Act other than a by-law referred to in subsection (3) is ineffective until it has been approved by the Minister.
Regulations Act does not apply
34The Regulations Act does not apply to a by-law made under this Act.
Disclosure to, collection of and use of information by Service New Brunswick
35(1)Subject to any provision in another Act, other than in the Right to Information and Protection of Privacy Act, that prohibits or limits the disclosure of information, a public body that is required to receive a service under section 7 shall disclose to Service New Brunswick or to an employee of Service New Brunswick any information, including personal information, that the public body has collected that relates directly to and is necessary for the provision of the service.
35(2)Subject to any provision in another Act, other than in the Right to Information and Protection of Privacy Act, that prohibits or limits the disclosure of information, any body or person that enters into an agreement or arrangement with Service New Brunswick under section 6 to receive a service from Service New Brunswick, shall disclose to Service New Brunswick any information, including personal information, that the body or person has collected that relates directly to and is necessary for the provision of the service.
35(2.1)Subject to any provision in another Act, other than in the Right to Information and Protection of Privacy Act, that prohibits or limits the disclosure of information, when the Secretary to Treasury Board delegates to Service New Brunswick any of its powers or functions under the Civil Service Act, the Secretary to Treasury Board shall disclose to Service New Brunswick any information, including personal information, that the Treasury Board has collected that relates directly to and is necessary for the purposes of the delegation.
35(3)For the purpose of providing a service, Service New Brunswick or an employee of Service New Brunswick may collect directly or indirectly, from any person, information, including personal information, that relates directly to and is necessary for the provision of the service.
35(4)Service New Brunswick or an employee of Service New Brunswick shall not use any information, including personal information, disclosed under subsection (1) or (2) or collected under subsection (3) for any purpose other than providing the service for which the information was disclosed or collected.
2017, c.63, s.63
Disclosure to, collection of and use of information by third party providers
36(1)Subject to any provision in another Act, other than in the Right to Information and Protection of Privacy Act, that prohibits or limits the disclosure of information, a public body that is required to receive a service under section 7 shall disclose to a third party engaged to provide that service on behalf of Service New Brunswick, or to an employee of that third party, any information, including personal information, that the public body has collected that relates directly to and is necessary for the provision of the service.
36(2)Subject to any provision in another Act, other than in the Right to Information and Protection of Privacy Act, that prohibits or limits the disclosure of information, any body or person that enters into an agreement or arrangement with Service New Brunswick under section 6 to receive a service from Service New Brunswick shall disclose to a third party engaged to provide that service on behalf of Service New Brunswick, or to an employee of that third party, any information, including personal information, that the body or person has collected that relates directly to and is necessary for the provision of the service.
36(3)A third party engaged to provide a service on behalf of Service New Brunswick, or an employee of that third party, may collect directly or indirectly, from any person, information, including personal information, that relates directly to and is necessary for the provision of the service.
36(4)A third party or an employee of a third party shall not use any information, including personal information, disclosed under subsection (1) or (2) or collected under subsection (3) for any purpose other than providing the service for which the information was disclosed or collected.
Disclosure of information by Service New Brunswick
37(1)Service New Brunswick or an employee of Service New Brunswick is authorized to disclose to a public body or to another body or person, information, including personal information, that relates directly to and is necessary for a service that Service New Brunswick is providing to or on behalf of the public body or to or on behalf of the other body or person, as the case may be.
37(2)Service New Brunswick or an employee of Service New Brunswick is authorized to disclose to a third party engaged to provide a service on behalf of Service New Brunswick, information, including personal information, that relates directly to and is necessary for the service that the third party has been engaged to provide.
Conflict with the Right to Information and Protection of Privacy Act
38If section 35, 36 or 37 is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, section 35, 36 or 37, as the case may be, prevails.
Immunity
39No action, application or other proceeding lies or shall be instituted against any of the following persons in relation to anything done or purported to be done in good faith or in relation to anything omitted in good faith, under this Act by the person:
(a) the Chief Executive Officer or a former Chief Executive Officer;
(b) any other member or former member of the Board; and
(c) any employee or former employee of Service New Brunswick.
Indemnity
40The following persons shall be indemnified by the Crown in right of the Province against all costs, charges and expenses incurred by him or her in relation to any action, application or other proceeding brought against him or her in connection with the duties of the person and with respect to all other costs, charges and expenses that he or she incurs in connection with those duties, except costs, charges and expenses that are occasioned by that person’s wilful neglect or wilful default:
(a) the Chief Executive Officer or a former Chief Executive Officer;
(b) any other member or former member of the Board; and
(c) any employee or former employee of Service New Brunswick.
Administration
41The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.
REGULATIONS
Regulations
42The Lieutenant-Governor in Council may make regulations
(a) prescribing public bodies for the purpose of section 7;
(b) specifying services for the purpose of section 7;
(c) governing the content of agreements entered into under section 8, which may vary for different persons or classes of persons, including
(i) prescribing terms and conditions of the agreements,
(ii) establishing requirements relating to the access to, use of and destruction of personal information,
(iii) limiting or prohibiting access to, use of and destruction of personal information,
(iv) regulating the disclosure of information, including personal information, for the purpose of subsection 8(5);
(d) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(e) governing any matter that the Lieutenant-Governor in Council considers necessary for the administration of this Act.
SAVING AND TRANSITIONAL PROVISIONS
FacilicorpNB Ltd./Ltée.
Definitions
43The following definitions apply in sections 44 to 54.
“Board” means the board of directors of FacilicorpNB Ltd./Ltée.(conseil)
“President and Chief Executive Officer” means the President and Chief Executive Officer of FacilicorpNB Ltd./Ltée.(président-directeur général)
Dissolution of FacilicorpNB Ltd./Ltée.
44(1)Despite any provision of the Business Corporations Act, the body corporate called FacilicorpNB Ltd./Ltée., originally incorporated under the name Non-Clinical Shared Services Agency Inc./Agence de Services Non Cliniques Partagés Inc. under the Business Corporations Act on March 17, 2008, is dissolved.
44(2)The FacilicorpNB Ltd./Ltée. sole shareholder declaration dated March 31, 2011, as amended by the sole shareholder amending declaration dated September 12, 2012, is revoked.
44(3)The appointment of a person as President and Chief Executive Officer is revoked.
44(4)The appointments of persons as other members of the Board, the Chairperson and Vice-Chairperson of the Board are revoked.
44(5)All contracts, agreements, arrangements, orders or by-laws relating to the remuneration, the rate of reimbursement for expenses or severance pay to be paid to the President and Chief Executive Officer are null and void.
44(6)All contracts, agreements, arrangements, orders or by-laws relating to the rate of remuneration or the rate of reimbursement for expenses to be paid to the other members of the Board are null and void.
44(7)Despite the provisions of a contract, agreement, arrangement, order or by-law, no remuneration or expenses shall be paid to the President and Chief Executive Officer.
44(8)Despite the provisions of a contract, agreement, arrangement, order or by-law, no expenses shall be paid to the other members of the Board.
44(9)No action, application or other proceeding lies or shall be instituted against FacilicorpNB Ltd./Ltée., Service New Brunswick, the Minister or the Crown in right of the Province as a result of
(a) the dissolution of FacilicorpNB Ltd./Ltée.,
(b) the revocation of the appointment of the President and Chief Executive Officer, or
(c) the revocation of the appointments of the other members of the Board, the Chairperson and Vice-Chairperson of the Board.
44(10)Without restricting the generality of subsection (9), no action, application or other proceeding for dismissal, whether express, implied or constructive, lies or shall be instituted against FacilicorpNB Ltd./Ltée., Service New Brunswick, the Minister or the Crown in right of the Province as a result of the revocation of the appointment of the President and Chief Executive Officer.
44(11)A reference to FacilicorpNB Ltd./Ltée., FacilicorpNB Ltd., FacilicorpNB Ltée. or FacilicorpNB Ltée in an Act, other than this Act, or in a regulation, rule, order, by-law, agreement, arrangement or other instrument shall be read as, unless the context otherwise requires, a reference to Service New Brunswick.
Agreements or arrangements entered into by FacilicorpNB Ltd./Ltée.
45(1)Subject to subsection (2), a contract, partnership, agreement or arrangement entered into by FacilicorpNB Ltd./Ltée. continues to be valid and effective.
45(2)In accordance with paragraph 4(2)(b) of this Act, Service New Brunswick may enter into further contracts, partnerships, agreements or arrangements with respect to contracts, partnerships, agreements or arrangements entered into by FacilicorpNB Ltd./Ltée. before the commencement of this section.
By-laws revoked
46By-laws made by the Board are revoked.
Employees of FacilicorpNB Ltd./Ltée.
47(1)Subject to subsection 44(3), every person who was an employee of FacilicorpNB Ltd./Ltée. immediately before the commencement of this section is transferred to and becomes an employee of Service New Brunswick.
47(2)The employment of an employee referred to in subsection (1) is not terminated by the transfer and the employee shall be deemed
(a) to have been transferred to Service New Brunswick without interruption in service, and
(b) not to have been dismissed, constructively dismissed, or laid off.
47(3)The transfer of employees under subsection (1) shall be deemed not to constitute a breach, termination, repudiation or frustration of any contract of employment.
47(4)The accumulated years of service of an employee referred to in subsection (1) with the public service before the transfer to Service New Brunswick shall be recognized by Service New Brunswick for the purpose of determining probationary periods and sick leave and vacation leave entitlements for the employee.
47(5)If the employment of an employee is transferred under subsection (1), nothing in this Act
(a) prevents the employment from being lawfully terminated after the transfer, or
(b) prevents any term or condition of the employment from being lawfully changed after the transfer.
Books, records, documents and files of FacilicorpNB Ltd./Ltée.
48The books, records, documents and files of FacilicorpNB Ltd./Ltée. become the books, records, documents and files of Service New Brunswick.
Transfer and vesting provision with respect to FacilicorpNB Ltd./Ltée.
49(1)On the commencement of this section,
(a) the property of FacilicorpNB Ltd./Ltée. becomes the property of Service New Brunswick, and
(b) the claims, rights, liabilities, obligations and privileges of FacilicorpNB Ltd./Ltée. are transferred to and become vested in Service New Brunswick.
49(2)On the commencement of this section, in any document dealing with property transferred to and vested in Service New Brunswick under paragraph (1)(a) or a claim, right, liability, obligation or privilege transferred to and vested in Service New Brunswick under paragraph (1)(b), it is sufficient to cite this Act as effecting the transfer to and vesting in Service New Brunswick of the property, claim, right, liability, obligation or privilege.
Legal proceedings with respect to FacilicorpNB Ltd./Ltée.
50(1)On the commencement of this section,
(a) subject to paragraph (b), an existing cause of action or claim by or against FacilicorpNB Ltd./Ltée. is unaffected,
(b) an action, application or other proceeding pending by or against FacilicorpNB Ltd./Ltée. may be continued by or against Service New Brunswick, and
(c) a ruling, order or judgment in favour of or against FacilicorpNB Ltd./Ltée. may be enforced by or against Service New Brunswick.
50(2)On the commencement of this section, Service New Brunswick may bring or maintain in its name any action, application or other proceeding or exercise any power, right or remedy that FacilicorpNB Ltd./Ltée. was, could have been or could have become entitled to bring, maintain or exercise on or before the commencement of this section.
Protection from liability with respect to FacilicorpNB Ltd./Ltée.
51Section 24 of the by-law made by the Board, dated September 1, 2008, which was valid and of full force and effect immediately before the commencement of this section, despite its revocation on the commencement of this section, continues to be valid and of full force and effect with respect the protection from liability for former members of the Board.
Indemnity with respect to FacilicorpNB Ltd./Ltée.
52 Section 25 of the by-law made by the Board, dated September 1, 2008, which was valid and of full force and effect immediately before the commencement of this section, despite its revocation on the commencement of this section, continues to be valid and of full force and effect with respect the indemnification of former members of the Board.
Notice re real property transferred to and vested in Service New Brunswick
53(1)The following definitions apply in this section.
“approved parcel identifier” means an approved parcel identifier as defined in the Land Titles Act.(numéro d’identification approuvé)
“Chief Registrar of Deeds” means the Chief Registrar of Deeds appointed under the Registry Act.(conservateur en chef des titres de propriété)
“instrument record” means instrument record as defined in the Land Titles Act.(registre des instruments)
“land titles office” means a land titles office as defined in the Land Titles Act.(bureau d’enregistrement foncier)
“register” (enregistrer)
(a) in paragraph (5)(a) means register as defined in the Land Titles Act, and
(b) in paragraph (5)(b) means register within the meaning of the Registry Act.
“registered land” means registered land as defined in the Land Titles Act.(bien-fonds enregistré)
“registrar” (registrateur)
(a) in paragraph (5)(a) means registrar as defined in the Land Titles Act, and
(b) in paragraph (5)(b) means registrar as defined in the Registry Act.
“Registrar General” means Registrar General as defined in the Land Titles Act.(registrateur général)
53(2)Without delay after the commencement of subsection 49(1), Service New Brunswick shall file a notice in a land titles office for the District of New Brunswick and in the registry office established under the Registry Act for each county in New Brunswick that indicates
(a) that the transfer and vesting effected under subsection 49(1) has taken place, and
(b) that all title and interests in real property transferred to and vested in Service New Brunswick under subsection 49(1) are now held in the name of Service New Brunswick.
53(3)The notice referred to in subsection (2) shall be deemed to be an instrument for the purposes of the Land Titles Act and the Registry Act.
53(4)The notice referred to in subsection (2) shall be in a form acceptable to the Registrar General and the Chief Registrar of Deeds.
53(5)On receipt of the notice referred to in subsection (2)
(a) despite section 18 of the Land Titles Act and despite any failure of Service New Brunswick to comply with any provision of the Land Titles Act or any regulation under that Act, the registrar shall
(i) assign a registration number, date and time to the notice and enter a record of the notice, date, time and number in the instrument record,
(ii) enter a record of the acceptance of the notice for registration in the instrument record,
(iii) register the notice in respect of the registered land represented by the approved parcel identifiers, and
(iv) issue new certificates of registered ownership to Service New Brunswick in respect of all registered land that is transferred to and vested in Service New Brunswick under subsection 49(1), and
(b) despite any failure of Service New Brunswick to comply with any provision of the Registry Act or any regulation under that Act, the registrar for each county in New Brunswick shall register the notice.
53(6)Section 55 of the Land Titles Act and section 44 of the Registry Act do not apply to the registration of the notice referred to in subsection (2).
53(7)No claim shall be made and no action, application or other proceeding lies or shall be instituted against the Minister, the Crown in right of the Province or Service New Brunswick by reason of any prejudice suffered as a result of any delay in filing a notice under subsection (2).
Notice with respect to transmission of personal property to Service New Brunswick
54Despite any other Act, for the purposes of a document required to be registered under the Personal Property Security Act, it shall be sufficient in order to show the transmission of title in respect of any personal property or interest in personal property vested in or intended to be vested in Service New Brunswick under subsection 49(1) if the instrument affecting the property or interest recites this Act.
New Brunswick Internal Services Agency
Definitions
55The following definitions apply in sections 56 to 65.
“Board” means the board of directors of the New Brunswick Internal Services Agency.(conseil d’administration)
“President” means the President of the New Brunswick Internal Services Agency.(personne qui assure la présidence)
Dissolution of the New Brunswick Internal Services Agency
56(1)The body corporate called the New Brunswick Internal Services Agency established under section 2 of the New Brunswick Internal Services Agency Act, chapter N-6.005 of the Acts of New Brunswick, 2010, is dissolved.
56(2)The appointment of a person as President is revoked.
56(3)All appointments of persons as other members of the Board, the Chairperson, Vice-Chairperson and secretary of the Board are revoked.
56(4)All contracts, agreements, arrangements, orders or by-laws relating to the remuneration, the rate of reimbursement for expenses or severance pay to be paid to the President are null and void.
56(5)All contracts, agreements, arrangements, orders or by-laws relating to the rate of reimbursement for expenses to be paid to the other members of the Board are null and void.
56(6)Despite the provisions of a contract, agreement, arrangement, order or by-law, no remuneration or expenses shall be paid to the President.
56(7)Despite the provisions of a contract, agreement, arrangement, order or by-law, no expenses shall be paid to the other members of the Board.
56(8)No action, application or other proceeding lies or shall be instituted against the New Brunswick Internal Services Agency, Service New Brunswick, the Minister or the Crown in right of the Province as a result of
(a) the dissolution of the New Brunswick Internal Services Agency,
(b) the revocation of the appointment of the President, or
(c) the revocation of the appointments of the other members of the Board, the Chairperson, Vice-Chairperson and secretary of the Board.
56(9)Without restricting the generality of subsection (8), no action, application or other proceeding for dismissal, whether express, implied or constructive, lies or shall be instituted against the New Brunswick Internal Services Agency, Service New Brunswick, the Minister or the Crown in right of the Province as a result of the revocation of the appointment of the President.
56(10)A reference to the New Brunswick Internal Services Agency in an Act, other than this Act, or in a regulation, rule, order, by-law, agreement, arrangement or other instrument shall be read as, unless the context otherwise requires, a reference to Service New Brunswick.
Agreements or arrangements entered into under the New Brunswick Internal Services Agency Act
57(1)Subject to subsection (2), a contract, partnership, agreement or arrangement entered into under subsection 5(2) of the New Brunswick Internal Services Agency Act, chapter N-6.005 of the Acts of New Brunswick, 2010, continues to be valid and effective.
57(2)In accordance with paragraph 4(2)(b) of this Act, Service New Brunswick may enter into further contracts, partnerships, agreements or arrangements with respect to contracts, partnerships, agreements or arrangements entered into under the New Brunswick Internal Services Agency Act, chapter N-6.005 of the Acts of New Brunswick, 2010, before the commencement of this section.
By-laws made under the New Brunswick Internal Services Agency Act
58By-laws made by the Board under the New Brunswick Internal Services Agency Act, chapter N-6.005 of the Acts of New Brunswick, 2010, are revoked.
Employees of the New Brunswick Internal Services Agency
59(1)Subject to subsection 56(2), every person who was an employee of the New Brunswick Internal Services Agency immediately before the commencement of this section is transferred to and becomes an employee of Service New Brunswick.
59(2)The employment of an employee referred to in subsection (1) is not terminated by the transfer and the employee shall be deemed
(a) to have been transferred to Service New Brunswick without interruption in service, and
(b) not to have been dismissed, constructively dismissed, or laid off.
59(3)The transfer of employees under subsection (1) shall be deemed not to constitute a breach, termination, repudiation or frustration of any contract of employment.
59(4)The accumulated years of service of an employee referred to in subsection (1) with the public service before the transfer to Service New Brunswick shall be recognized by Service New Brunswick for the purpose of determining probationary periods and sick leave and vacation leave entitlements for the employee.
59(5)If the employment of an employee is transferred under subsection (1), nothing in this Act
(a) prevents the employment from being lawfully terminated after the transfer, or
(b) prevents any term or condition of the employment from being lawfully changed after the transfer.
Books, records, documents and files of the New Brunswick Internal Services Agency
60The books, records, documents and files of the New Brunswick Internal Services Agency become the books, records, documents and files of Service New Brunswick.
Transfer and vesting provision with respect to the New Brunswick Internal Services Agency
61(1)On the commencement of this section,
(a) the property of the New Brunswick Internal Services Agency becomes the property of Service New Brunswick, and
(b) the claims, rights, liabilities, obligations and privileges of the New Brunswick Internal Services Agency are transferred to and become vested in Service New Brunswick.
61(2)On the commencement of this section, in any document dealing with property transferred to and vested in Service New Brunswick under paragraph (1)(a) or a claim, right, liability, obligation or privilege transferred to and vested in Service New Brunswick under paragraph (1)(b), it is sufficient to cite this Act as effecting the transfer to and vesting in Service New Brunswick of the property, claim, right, liability, obligation or privilege.
Legal proceedings with respect to the New Brunswick Internal Services Agency
62(1)On the commencement of this section,
(a) subject to paragraph (b), an existing cause of action or claim by or against the New Brunswick Internal Services Agency is unaffected,
(b) an action, application or other proceeding pending by or against the New Brunswick Internal Services Agency may be continued by or against Service New Brunswick, and
(c) a ruling, order or judgment in favour of or against the New Brunswick Internal Services Agency may be enforced by or against Service New Brunswick.
62(2)On the commencement of this section, Service New Brunswick may bring or maintain in its name any action, application or other proceeding or exercise any power, right or remedy that the New Brunswick Internal Services Agency was, could have been or could have become entitled to bring, maintain or exercise on or before the commencement of this section.
Indemnity with respect to the New Brunswick Internal Services Agency
63Section 19 of the New Brunswick Internal Services Agency Act, chapter N-6.005 of the Acts of New Brunswick, 2010, which was valid and of full force and effect immediately before the commencement of this section, despite its repeal on the commencement of this section, continues to be valid and of full force and effect with respect to all costs, charges and expenses that a former member of the Board incurs in relation to any action or other proceeding brought or prosecuted against him or her in connection with his or her duties as a member of the Board and with respect to all other costs, charges and expenses he or she incurs in connection with those duties, except costs, charges and expenses that are occasioned by his or her own wilful neglect or wilful default under the authority of that Act.
Notice re real property transferred to and vested in Service New Brunswick
64Section 53 applies with the necessary modifications with respect to real property and interests in real property transferred to and vested in Service New Brunswick under subsection 61(1).
Notice with respect to transmission of personal property to Service New Brunswick
65Despite any other Act, for the purposes of a document required to be registered under the Personal Property Security Act, it shall be sufficient in order to show the transmission of title in respect of any personal property or interest in personal property vested in or intended to be vested in Service New Brunswick under subsection 61(1) if the instrument affecting the property or interest recites this Act.
Department of Government Services
Employees transferred to Service New Brunswick
66(1)Every person who was an employee of the portion of the public service of the Province known as the Department of Government Services immediately before the commencement of this section is transferred to and becomes an employee of Service New Brunswick.
66(2)The employment of an employee referred to in subsection (1) is not terminated by the transfer and the employee shall be deemed
(a) to have been transferred to Service New Brunswick without interruption in service, and
(b) not to have been dismissed, constructively dismissed or laid off.
66(3)The transfer of employees under subsection (1) shall be deemed not to constitute a breach, termination, repudiation or frustration of any contract of employment.
66(4)The accumulated years of service of an employee referred to in subsection (1) with the public service before the transfer to Service New Brunswick shall be recognized by Service New Brunswick for the purpose of determining probationary periods and sick leave and vacation leave entitlements for the employee.
66(5)If the employment of an employee is transferred under subsection (1), nothing in this Act
(a) prevents the employment from being lawfully terminated after the transfer, or
(b) prevents any term or condition of the employment from being lawfully changed after the transfer.
Transfer and vesting
67(1)On the commencement of this section,
(a) the property vested in the Crown in right of the Province as represented by the Minister of Government Services becomes the property of Service New Brunswick, and
(b) the claims, rights, liabilities, obligations and privileges of the Crown in right of the Province as represented by the Minister of Government Services are transferred to and become vested in Service New Brunswick.
67(2)On the commencement of this section, in any document dealing with property transferred to and vested in Service New Brunswick under paragraph (1)(a) or a claim, right, liability, obligation or privilege transferred to and vested in Service New Brunswick under paragraph (1)(b), it is sufficient to cite this Act as effecting the transfer to and vesting in Service New Brunswick of the property, claim, right, liability, obligation or privilege.
Legal proceedings
68(1)On the commencement of this section,
(a) subject to paragraph (b), an existing cause of action or claim by or against the Crown in right of the Province as represented by the Minister of Government Services is unaffected,
(b) an action, application or other proceeding pending by or against the Crown in right of the Province as represented by the Minister of Government Services may be continued by or against Service New Brunswick,
(c) a ruling, order or judgment in favour of or against the Crown in right of the Province as represented by the Minister of Government Services may be enforced by or against Service New Brunswick.
68(2)On the commencement of this section, Service New Brunswick may bring or maintain in its name any action, application or other proceeding or exercise any power, right or remedy that the Crown in right of the Province as represented by the Minister of Government Services was, could have been or could have become entitled to bring, maintain or exercise before the commencement of this section.
Notice re real property transferred to and vested in Service New Brunswick
69Section 53 applies with the necessary modifications with respect to real property and interests in real property transferred to and vested in Service New Brunswick under subsection 67(1).
Notice with respect to transmission of personal property to Service New Brunswick
70Despite any other Act, for the purposes of a document required to be registered under the Personal Property Security Act, it shall be sufficient in order to show the transmission of title in respect of any personal property or interest in personal property vested in or intended to be vested in Service New Brunswick under subsection 67(1) if the instrument affecting the property or interest recites this Act.
References to Minister, Deputy Minister and Department of Government Services
71When, in an Act, other than this Act, or in a regulation, rule, order, by-law, agreement, arrangement or other instrument or document, reference is made to the Minister, Deputy Minister or Department of Government Services, it shall be read as, unless the context otherwise requires, a reference to the Minister responsible for Service New Brunswick, the Chief Executive Officer of Service New Brunswick, or Service New Brunswick.
Former Service New Brunswick
Definitions
72The following definitions apply in sections 73 to 81.
“Board” means the board of directors of the former Service New Brunswick.(conseil d’administration)
“former Service New Brunswick Act” means the Service New Brunswick Act, chapter S-6.2 of the Acts of New Brunswick, 1989.(ancienne Loi sur Services Nouveau-Brunswick)
“former Service New Brunswick” means the body corporate dissolved under subsection 73(1).(ancien Services Nouveau-Brunswick)
“President” means the President of the former Service New Brunswick.(président)
Dissolution of the former Service New Brunswick
73(1)The body corporate called Service New Brunswick continued under section 2 of the former Service New Brunswick Act is dissolved.
73(2)The appointment of a person as President is revoked.
73(3)All appointments of persons as other members of the Board, the Chairperson, Vice-Chairperson and secretary of the Board are revoked.
73(4)All contracts, agreements, arrangements, orders or by-laws relating to the remuneration or the rate of reimbursement for expenses to be paid to the President are null and void.
73(5)All contracts, agreements, arrangements, orders or by-laws relating to the remuneration or the rate of reimbursement for expenses to be paid to the other members of the Board are null and void.
73(6)Despite the provisions of a contract, agreement, arrangement, order or by-law, no remuneration or expenses shall be paid to the President.
73(7)Despite the provisions of a contract, agreement, arrangement, order or by-law, no remuneration or expenses shall be paid to the other members of the Board.
73(8)No action, application or other proceeding lies or shall be instituted against Service New Brunswick, the Minister or the Crown in right of the Province as a result of
(a) the dissolution of the former Service New Brunswick,
(b) the revocation of the appointment of the President, or
(c) the revocation of the appointments of the other members of the Board, the Chairperson, Vice-Chairperson and Secretary of the Board.
73(9)Without restricting the generality of subsection (8), no action, application or other proceeding for dismissal, whether express, implied or constructive, lies or shall be instituted against Service New Brunswick, the Minister or the Crown in right of the Province as a result of the revocation of the appointment of the President.
73(10)A reference to Service New Brunswick in an Act, other than this Act, or in a regulation, rule, order, by-law, agreement, arrangement or other instrument shall be read as, unless the context otherwise requires, a reference to the body corporate established under subsection 2(1) of this Act.
Agreements or arrangements entered into under the former Service New Brunswick Act
74(1)Subject to subsection (2), a contract, partnership, agreement or arrangement entered into under the former Service New Brunswick Act continues to be valid and effective.
74(2)In accordance with paragraph 4(2)(b) of this Act, Service New Brunswick may enter into further contracts, partnerships, agreements or arrangements with respect to contracts, partnerships, agreements or arrangements entered into under the former Service New Brunswick Act before the commencement of this section.
By-laws revoked
75By-laws made by the Board under the former Service New Brunswick Act are revoked.
Employees of the former Service New Brunswick
76(1)Subject to subsection 73(2), every person who was an employee of the former Service New Brunswick immediately before the commencement of this section is transferred to and becomes an employee of Service New Brunswick.
76(2)The employment of an employee referred to in subsection (1) is not terminated by the transfer and the employee shall be deemed
(a) to have been transferred to Service New Brunswick without interruption in service, and
(b) not to have been dismissed, constructively dismissed, or laid off.
76(3)The transfer of employees under subsection (1) shall be deemed not to constitute a breach, termination, repudiation or frustration of any contract of employment.
76(4)The accumulated years of service of an employee referred to in subsection (1) with the public service before the transfer to Service New Brunswick shall be recognized by Service New Brunswick for the purpose of determining probationary periods and sick leave and vacation leave entitlements for the employee.
76(5)If the employment of an employee is transferred under subsection (1), nothing in this Act
(a) prevents the employment from being lawfully terminated after the transfer, or
(b) prevents any term or condition of the employment from being lawfully changed after the transfer.
Books, records, documents and files of the former Service New Brunswick
77The books, records, documents and files of the former Service New Brunswick become the books, records, documents and files of Service New Brunswick.
Transfer and vesting provision with respect to the former Service New Brunswick
78(1)On the commencement of this section,
(a) the property of the former Service New Brunswick becomes the property of Service New Brunswick, and
(b) the claims, rights, liabilities, obligations and privileges of the former Service New Brunswick are transferred to and become vested in Service New Brunswick.
78(2)On the commencement of this section, in any document dealing with property transferred to and vested in Service New Brunswick under paragraph (1)(a) or a claim, right, liability, obligation or privilege transferred to and vested in Service New Brunswick under paragraph (1)(b), it is sufficient to cite this Act as effecting the transfer to and vesting in Service New Brunswick of the property, claim, right, liability, obligation or privilege.
Legal proceedings with respect to the former Service New Brunswick
79(1)On the commencement of this section,
(a) subject to paragraph (b), an existing cause of action or claim by or against the former Service New Brunswick is unaffected,
(b) an action, application or other proceeding pending by or against the former Service New Brunswick may be continued by or against Service New Brunswick, and
(c) a ruling, order or judgment in favour of or against the former Service New Brunswick may be enforced by or against Service New Brunswick.
79(2)On the commencement of this section, Service New Brunswick may bring or maintain in its name any action, application or other proceeding or exercise any power, right or remedy that the former Service New Brunswick was, could have been or could have become entitled to bring, maintain or exercise on or before the commencement of this section.
Notice re real property transferred to and vested in Service New Brunswick
80Section 53 applies with the necessary modifications with respect to real property and interests in real property transferred to and vested in Service New Brunswick under subsection 78(1).
Notice with respect to transmission of personal property to Service New Brunswick
81Despite any other Act, for the purposes of a document required to be registered under the Personal Property Security Act, it shall be sufficient in order to show the transmission of title in respect of any personal property or interest in personal property vested in or intended to be vested in Service New Brunswick under subsection 78(1) if the instrument affecting the property or interest recites this Act.
CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT
Accountability and Continuous Improvement Act
82Schedule A of the Accountability and Continuous Improvement Act, chapter 27 of the Acts of New Brunswick, 2013, is amended
(a) by striking out
FacilicorpNB Ltd.
(b) by striking out
New Brunswick Internal Services Agency
Agricultural Development Act
83Section 13.2 of the Agricultural Development Act, chapter 106 of the Revised Statutes, 2011, is amended by striking out “the New Brunswick Internal Services Agency” and substituting “Service New Brunswick”.
Air Space Act
84The Air Space Act, chapter 109 of the Revised Statutes, 2011, is amended by adding after section 7 the following:
Administration
7.1Service New Brunswick is responsible for the administration of this Act.
Archives Act
85(1)Section 1 of the Archives Act, chapter A-11.1 of the Acts of New Brunswick, 1977, is amended by repealing the definition “Minister” and substituting the following:
“Minister” means the Minister responsible for Service New Brunswick; (Ministre)
85(2)Section 2 of the Act is repealed and the following is substituted:
Administration
2The Minister is responsible for the administration of this Act.
Assessment Act
86(1)Subsection 2(1) of the Assessment Act, chapter A-14 of the Revised Statutes, 1973, is repealed and the following is substituted:
Administration
2(1)Service New Brunswick is responsible for the administration of this Act.
86(2)The Act is amended by adding after section 2 the following:
Delegation by the Director
2.1The Director may delegate to an employee of Service New Brunswick any of the Director’s powers or duties under this Act or the regulations.
Centre Communautaire Sainte-Anne Act
87Subsection 6(4) of the Centre Communautaire Sainte-Anne Act, chapter C-1.1 of the Acts of New Brunswick, 1977, is repealed and the following is substituted:
6(4)There shall be vested in the Corporation all the rights, title and interest of the Minister of Supply and Services to a certain easement in common with the University of New Brunswick and the New Brunswick Telephone Company Limited over the lands described in Schedule B, as those rights, title and interest existed on June 17, 1977.
Change of Name Act
88 Section 22 of the Change of Name Act, chapter 103 of the Revised Statutes, 2014, is repealed and the following is substituted:
Administration
22Service New Brunswick is responsible for the administration of this Act.
Regulations under the Civil Service Act
89(1)Paragraph 3(i) of New Brunswick Regulation 84-230 under the Civil Service Act is amended by striking out “New Brunswick Internal Services Agency,”.
89(2)New Brunswick Regulation 93-137 under the Civil Service Act is amended
(a) in section 3 by striking out
Department of Government Services
(b) by repealing paragraph 4(1)(i.1).
Common Business Identifier Act
90(1)Section 1 of the Common Business Identifier Act, chapter 128 of the Revised Statutes, 2011, is amended by repealing the definition “Minister” and substituting for following:
“Minister” means the Minister responsible for Service New Brunswick. (ministre)
90(2)The Act is amended by adding after section 6 the following:
Administration
6.1Service New Brunswick is responsible for the administration of this Act.
Condominium Property Act
91Section 62 of the Condominium Property Act, chapter C-16.05 of the Acts of New Brunswick, 2009, is amended
(a) by repealing subsection (1) and substituting the following:
Administrative penalties - review
91(1)In this section, “Chief Executive Officer” means the Chief Executive Officer of Service New Brunswick appointed under the Service New Brunswick Act.
(b) in subsection (2) by striking out “President” wherever it appears and substituting “Chief Executive Officer”;
(c) in subsection (3) by striking out “President” and substituting “Chief Executive Officer”;
(d) in subsection (4) by striking out “President” and substituting “Chief Executive Officer”;
(e) in subsection (5) by striking out “President” and substituting “Chief Executive Officer”.
Regulation under the Condominium Property Act
92(1)Subparagraph 32(1)(e) of New Brunswick Regulation 2009-169 under the Condominium Property Act is amended by striking out “President” and substituting “Chief Executive Officer”.
92(2)Section 33 of the Regulation is amended
(a) by repealing subsection (1) and substituting the following:
Review
33(1)If within the time prescribed by subsection 62(2) of the Act, a corporation requests that the Chief Executive Officer of Service New Brunswick review the Director’s decision to issue the notice of administrative penalty, the Chief Executive Officer shall hold, as soon as practicable, a hearing to consider the matter.
(b) in subsection (2) by striking out “President” and substituting “Chief Executive Officer”;
(c) in subsection (3) by striking out “President” and substituting “Chief Executive Officer”.
Regulation under the Emergency Measures Act
93Section 4 of New Brunswick Regulation 84-7 under the Emergency Measures Act is amended
(a) in subsection (1)
(i) by striking out
Department of Government Services
(ii) by adding the following in alphabetical order:
Service New Brunswick
(b) by repealing paragraph (3)(k) and substituting the following:
(k) Service New Brunswick shall
(i) be responsible for the development of plans and procedures for emergency operations supply, compatible with plans and procedures of the National Supply Agency, and
(ii) be responsible for emergency telephone and telecommunication facilities;
Executive Council Act
94Section 2 of the Executive Council Act, chapter 152 of the Revised Statutes, 2011, is amended by striking out “a Minister of Government Services,”.
Regulations under the Financial Administration Act
95(1)New Brunswick Regulation 83-62 under the Financial Administration Act is amended
(a) in section 2 by striking out “the Department of Government Services” and substituting “the Department of Transportation and Infrastructure”;
(b) by repealing section 3 and substituting the following:
3Agreements under section 2 shall be signed on behalf of the Department of Transportation and Infrastructure by the Minister of Transportation and Infrastructure or an employee of the Department of Transportation and Infrastructure designated by the Minister.
95(2)New Brunswick Regulation 83-227 under the Financial Administration Act is amended
(a) by repealing section 5.1;
(b) by repealing section 6.01;
(c) in subsection 7(2) by striking out “the Central Purchasing Branch of the Department of Government Services” and substituting “the Department of Transportation and Infrastructure”;
(d) in subsection 7.3(1) by striking out “the Minister of Government Services” and substituting “the Minister of Transportation and Infrastructure”;
(e) in Schedule A by striking out
Department of Government Services
Foreign Resident Corporations Act
96The Foreign Resident Corporations Act, chapter 109 of the Revised Statutes, 2014, is amended by adding after section 1 the following:
Delegation by the Minister
1.1The Minister may delegate in writing to the Director appointed under the Business Corporations Act any of the Minister’s powers or duties under this Act or the regulations.
Marriage Act
97(1)Section 1 of the Marriage Act, chapter 188 of the Revised Statues, 2011, is amended by repealing the definition “Minister” and substituting the following:
“Minister” means the Minister responsible for Service New Brunswick.(ministre)
97(2)Subsection 31(1) of the Act is repealed and the following is substituted:
Administration
31(1)Service New Brunswick is responsible for the administration of this Act.
Municipalities Act
98Subsection 27.01(2) of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is repealed and the following is substituted:
27.01(2)When preparing an estimate under paragraph (1)(a), the Minister shall include the amount charged to the Province on behalf of the local service district under section 24 of the Service New Brunswick Act for the year for which the estimate is prepared.
Personal Health Information Privacy and Access Act
99Section 1 of the Personal Health Information Privacy and Access Act, chapter P-7.05 of the Acts of New Brunswick, 2009, is amended in the definition “custodian” by repealing subparagraph (d)(iii).
Regulation under the Personal Health Information Privacy and Access Act
100Section 16 of New Brunswick Regulation 2010-112 under the Personal Health Information Privacy and Access Act is amended
(a) by adding after paragraph (b) the following:
(b.1) Service New Brunswick;
(b) by repealing paragraph (c).
Personal Property Security Act
101The Personal Property Security Act, chapter P-7.1 of the Acts of New Brunswick, 1993, is amended by adding after section 70 the following:
Administration
70.1Service New Brunswick is responsible for the administration of this Act.
Proceedings Against the Crown Act
102Section 1 of the Proceedings Against the Crown Act, chapter P-18 of the Revised Statutes, 1973, is amended in the definition “Crown Corporation” by striking out “New Brunswick Internal Services Agency,”.
Procurement Act
103(1)Section 1 of the Procurement Act, chapter 20 of the Acts of New Brunswick, 2012, is amended
(a) by repealing the definition “Minister” and substituting the following:
“Minister” means,(ministre)
(a) for the purposes of sections 3, 8, 17, 18 and 26, the Minister responsible for Service New Brunswick and does not include any person designated by the Minister to act on the Minister’s behalf, and
(b) for the purposes of the other provisions of this Act, the Minister responsible for Service New Brunswick and includes any person designated by the Minister to act on the Minister’s behalf.
(b) by adding the following definition in alphabetical order:
“Chief Executive Officer” means the Chief Executive Officer of Service New Brunswick appointed under the Service New Brunswick Act.(directeur général)
103(2)The Act is amended by adding after section 1 the following:
Delegation by the Minister and the Chief Executive Officer
1.1(1)Subject to subsection (2), the Minister may delegate to the Chief Executive Officer any of the Minister’s powers or duties under this Act or the regulations.
1.1(2)The Minister shall not delegate the Minister’s powers or duties under section 3, 8, 17, 18 or 26 or under any provision of the regulations that limits the Minister’s ability to delegate.
1.1(3)A delegation under subsection (1) shall be in writing.
1.1(4)In a delegation under this section the Minister
(a) shall establish the manner in which the Chief Executive Officer is to exercise the delegated authority, and
(b) may authorize the Chief Executive Officer to subdelegate in writing the powers or duties to another employee of Service New Brunswick and to impose on the subdelegate any terms and conditions that the Chief Executive Officer considers appropriate, in addition to those imposed in the Minister’s written delegation.
1.1(5)The Chief Executive Officer or a subdelegate to whom this section applies shall comply with the terms and conditions imposed in the Minister’s written delegation.
1.1(6)A subdelegate to whom this section applies shall comply with the terms and conditions imposed in the Chief Executive Officer’s written delegation.
Regulation under the Procurement Act
104(1)Section 8 of New Brunswick Regulation 2014-93 under the Procurement Act is amended by striking out “the New Brunswick Internal Service Agency’s” and substituting“Service New Brunswick’s”.
104(2)Subsection 9(1) of the Regulation is amended by striking out “the Department of Government Services” and substituting “Service New Brunswick”.
104(3)Section 10 of the Regulation is repealed and the following is substituted:
Goods from Central Stores
10With respect to goods stocked by the Central Stores Section of Service New Brunswick, a Schedule A entity shall obtain those goods from Central Stores, unless the Act or this Regulation provides otherwise.
104(4)Schedule A of the Regulation is amended
(a) by striking out
Department of Government Services
(b) by striking out
New Brunswick Internal Services Agency
(c) by adding the following in alphabetical order:
Service New Brunswick
104(5)Schedule B of the Regulation is amended by striking out
FacilicorpNB Ltd.
Public Service Labour Relations Act
105The First Schedule of the Public Service Labour Relations Act, chapter P-25 of the Revised Statutes, 1973, is amended
(a) in Part I
(i) by striking out
Department of Government Services
(ii) by striking out
New Brunswick Internal Services Agency
(b) in Part III
(i) by striking out
FacilicorpNB Ltd.
(ii) by striking out
Fundy Linen Services, Inc., Saint John, N.B.
Regulation under the Regional Health Authorities Act
106Subsection 3(1) of New Brunswick Regulation 2012-7 under the Regional Health Authorities Act is amended
(a) by adding after paragraph (f) the following:
(f.1) a director or employee of Service New Brunswick;
(b) by repealing paragraph (g).
The Residential Tenancies Act
107Subsection 1(2) of The Residential Tenancies Act, chapter R-10.2 of the Acts of New Brunswick, 1975, is repealed and the following is substituted:
Administration
1(2)Service New Brunswick is responsible for the administration of this Act.
Right to Information and Protection of Privacy Act
108(1)Section 1 of the Right to Information and Protection of Privacy Act, chapter R-10.6 of the Acts of New Brunswick, 2009, is amended by repealing the definition “Minister” and substituting the following:
“Minister” means the Minister responsible for Service New Brunswick and includes any person designated to act on the Minister’s behalf.(ministre)
108(2)The Act is amended by adding after section 84 the following:
Delegation by the Minister and the Chief Executive Officer
84.1(1)In this section, “Chief Executive Officer” means the Chief Executive Officer of Service New Brunswick appointed under the Service New Brunswick Act.
84.1(2)The Minister may delegate any of the Minister’s powers or duties under this Act to
(a) another Minister of the Crown, or
(b) the Chief Executive Officer.
84.1(3)A delegation under subsection (2) shall be in writing.
84.1(4)In a delegation under this section the Minister
(a) shall establish the manner in which the Minister of the Crown or the Chief Executive Officer is to exercise the delegated authority, and
(b) may authorize the Chief Executive Officer to subdelegate in writing the powers or duties to another employee of Service New Brunswick and to impose on the subdelegate any terms and conditions that the Chief Executive Officer considers appropriate, in addition to those imposed in the Minister’s written delegation.
84.1(5)The Chief Executive Officer or a subdelegate to whom this section applies shall comply with the terms and conditions imposed in the Minister’s written delegation.
84.1(6)A subdelegate to whom this section applies shall comply with the terms and conditions imposed in the Chief Executive Officer’s written delegation.
Administration
84.2The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.
108(3)Schedule A of the Act is amended in section 1 by adding the following in alphabetical order:
Service New Brunswick
Chief Executive Officer
Special Corporate Continuance Act
109The Special Corporate Continuance Act, chapter S-12.01 of the Acts of New Brunswick, 1999, is amended by adding after section 1 the following:
Delegation by the Minister
1.1The Minister may delegate in writing to the Director appointed under the Business Corporations Act any of the Minister’s powers or duties under this Act or the regulations.
Standard Forms of Conveyances Act
110The Standard Forms of Conveyances Act, chapter S-12.2 of the Acts of New Brunswick, 1980, is amended by adding after section 2.21 the following:
Administration
2.22Service New Brunswick is responsible for the administration of this Act.
Surveys Act
111The Surveys Act, chapter 226 of the Revised Statutes, 2011, is amended by adding after section 14 the following:
Administration
14.1Service New Brunswick is responsible for the administration of this Act.
Vital Statistics Act
112(1)Section 1 of the Vital Statistics Act, chapter V-3 of the Acts of New Brunswick, 1979, is amended by repealing the definition “Minister” and substituting the following:
“Minister” means the Minister responsible for Service New Brunswick;(Ministre)
112(2)Section 1.1 of the Act is repealed and the following is substituted:
1.1Service New Brunswick is responsible for the administration of this Act.
Repeal of the New Brunswick Internal Services Agency Act
113The New Brunswick Internal Services Agency Act, chapter N-6.005 of the Acts of New Brunswick, 2010, is repealed.
Repeal of the Service New Brunswick Act
114The Service New Brunswick Act, chapter S-6.2 of the Acts of New Brunswick, 1989, is repealed.
Commencement
115This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
N.B. This Act, except subsection 19(5), was proclaimed and came into force October 1, 2015.
N.B. This Act is consolidated to January 1, 2023.