Acts and Regulations

E-7.11 - Employment Development Act

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Repealed on 1 September 2011
CHAPTER E-7.11
Employment Development Act
Assented to December 8, 1988
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Repealed: R.S.N.B. 2011, Schedule A
Definitions
1In this Act
“employment development program” means a program designated by regulation as an employment development program for the purposes of this Act;(programme de développement de l’emploi)
“financial assistance” means(aide financière)
(a) payments of interest on loans,
(b) direct loans,
(c) grants and forgivable loans,
(d) guarantees of the repayment of loans, and
(e) guarantees of bonds or debentures;
“Minister” means the Minister of Post-Secondary Education, Training and Labour and includes persons designated by the Minister under section 5 to act on the Minister’s behalf.(Ministre)
1992, c.2, s.18; 1998, c.41, s.49; 2000, c.26, s.105; 2006, c.16, s.59; 2007, c.10, s.29
Authority to provide financial assistance
2(1)With the approval of the Lieutenant-Governor in Council or in accordance with the regulations, the Minister may, under an employment development program, provide financial assistance to aid and encourage the creation of employment opportunities in the Province.
2(2)Financial assistance provided under subsection (1) shall be in accordance with the terms and conditions specified by the Minister or specified in the approval of the Lieutenant-Governor in Council.
2(3)The Minister may take such security as the Minister considers appropriate for any financial assistance provided under subsection (1).
2(4)The Minister has the authority to enforce any security taken under this section in accordance with the terms of the security.
2(5)When any amount becomes legally due and payable by virtue of anything done under subsection (1) or as a result of a call of a guarantee issued under subsection (1), the amount is a liability of the Province and is payable out of the Consolidated Fund.
Application for financial assistance
3(1)A person who seeks financial assistance under this Act shall apply to the Minister in accordance with the regulations.
3(2)If the Minister is of the opinion that the financial assistance sought should not be provided, the Minister may refuse to act under section 2 and shall so notify the applicant.
3(3)The Minister is not required to give reasons for refusing to act on an application for financial assistance.
Authority to enter into agreements
4(1)With the approval of the Lieutenant-Governor in Council or in accordance with the regulations, the Minister may enter into agreements with the Government of Canada, a provincial government or a person in relation to financial assistance to aid and encourage the creation of employment opportunities in the Province.
4(2)With the approval of the Lieutenant-Governor in Council or in accordance with the regulations, the Minister may enter into agreements with the Government of Canada, a provincial government or a person in relation to financial assistance under an employment development program.
Administration
5The Minister is responsible for the administration of this Act and may designate persons to act on the Minister’s behalf for the purposes of this Act.
Regulations
6The Lieutenant-Governor in Council may make regulations
(a) designating programs as employment development programs for the purposes of this Act;
(b) prescribing the circumstances in which the Minister may act under section 2 or 4 without the approval of the Lieutenant-Governor in Council;
(c) respecting the manner in which applications for financial assistance under this Act are to be made and the terms and conditions to be satisfied by applicants for financial assistance before financial assistance is provided under this Act;
(d) limiting the amount of financial assistance provided under this Act;
(e) respecting records, books, accounts and other documents to be kept by persons who receive financial assistance under this Act;
(f) respecting the inspection of records, books, accounts and other documents kept by persons who receive financial assistance under this Act;
(g) respecting the rate of interest to be paid on loans provided under this Act;
(h) respecting security taken under this Act;
(i) respecting the extension, deferral, adjustment or compromise of
(i) the time for repayment of financial assistance provided under section 2, or
(ii) the terms and conditions of financial assistance provided under section 2;
(j) respecting forms for the purposes of this Act.
Financial assistance given before commencement of subsection
7(1)Any financial assistance provided before the commencement of this subsection by the Minister or the Department of Advanced Education and Labour under an employment development program to aid and encourage the creation of employment opportunities in the Province shall be deemed to have been authorized by and given under the laws of the Province, and the provisions of this Act and the regulations apply to such financial assistance with the necessary modifications.
Agreements entered into before commencement of subsection
7(2)Any agreement entered into before the commencement of this subsection by the Minister or the Department of Advanced Education and Labour in relation to financial assistance under an employment development program shall be deemed to have been authorized by and entered into under the laws of the Province, and the provisions of this Act and the regulations apply to such agreements with the necessary modifications.
1992, c.2, s.18
Commencement
8This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
N.B. This Act was proclaimed and came into force March 31, 1989.
N.B. This Act is consolidated to September 1, 2011.