Acts and Regulations

R-8 - Research and Productivity Council Act

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Repealed on 10 February 2015
CHAPTER R-8
Research and Productivity
Council Act
Repealed: R.S.N.B. 2014, Schedule A.
NEW BRUNSWICK RESEARCH AND
PRODUCTIVITY COUNCIL
The New Brunswick Research and Productivity Council
1There is hereby constituted on behalf of Her Majesty in right of New Brunswick a body corporate to be known as the New Brunswick Research and Productivity Council, hereinafter called the “Council”.
1961-62, c.46, s.2
Appointment of Council
2(1)The Council shall consist of not less than nine and not more than fifteen 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 3.
2(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.
2(3)The Regulations Act does not apply to a designation made under subsection (2).
2(4)If a nomination is not made under subsection (2), the Lieutenant-Governor in Council may appoint a person.
1961-62, c.46, s.3; 1992, c.22, s.1
Executive Director of Council
3(1)One member of the Council shall serve as Executive Director and shall hold office during pleasure.
Term of members of Council
3(2)A member of the Council other than the Executive Director shall be appointed for a term not exceeding three years.
Chairman of Council
3(3)A member other than the Executive Director shall be appointed chairman of the Council for a term fixed by the Lieutenant-Governor in Council not exceeding three years.
Reappointment of a member of Council
3(4)A member of the Council may be reappointed.
Limit on term of a member of the Council
3(5)A member of the Council other than the Executive Director shall not serve more than six consecutive years.
Transitional provision
3(6)The members of the Council holding office on the commencement of this subsection shall be deemed to be serving their first term.
1961-62, c.46, s.4; 1992, c.22, s.2
Remuneration and expenses
4(1)The Executive Director shall be paid such remuneration and expenses as may be determined by or in accordance with the by-laws of the Council.
4(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.
4(3)Notwithstanding subsection (2), the chairman of the Council may be paid out of the Consolidated Fund an honorarium approved by the Lieutenant-Governor in Council.
1961-62, c.46, s.5; 1992, c.22, s.3; 1996, c.21, s.1
Quorum
5Eight members of the Council constitute a quorum.
1961-62, c.46, s.6; 1992, c.22, s.4
Vacancy
6A vacancy in the membership of the Council does not impair the right of the remainder to act.
1961-62, c.46, s.7
Executive Director as Chairman
7In the event of the absence or incapacity of the chairman, or if the office of chairman is vacant, the Executive Director shall act as chairman.
1961-62, c.46, s.8
Location of Meetings
8The Council shall meet at least four times a year in the City of Fredericton on days fixed by the Council, or at such other times and places as the Council deems necessary.
1961-62, c.46, s.9
OBJECTS AND POWERS OF THE COUNCIL
Objects
9The 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 foregoing, 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,
(i.1) the development of improved production and distribution methods,
(i.2) the development of improved management techniques,
(i.3) the use of training and retraining programs at all levels of industry,
(i.4) the extension of industrial research programs in plants and in industries as a means of achieving greater productivity,
(i.5) the dissemination of technical information,
(ii) the development and utilization of the by-products of any processes involving the treatment or using of the mineral, timber or other resources of the Province, and
(iii) the improvement and development of industrial materials, products, and techniques; and
(b) Repealed: 1992, c.22, s.5
(c) co-operate and act in conjunction with other organizations and agencies, public and private, in the implementation of programmes designed to give effect to any of the objects described in paragraph (a).
1961-62, c.46, s.10; 1992, c.22, s.5
Powers, generally
10In addition to the general powers conferred upon or vested in the Council by this Act the Council may,
(a) subject to the approval of the Lieutenant-Governor in Council, make by-laws regulating its proceedings and generally for the conduct of its activities, including without limiting the generality of the foregoing, by-laws respecting the remuneration and expenses that may be paid to the Executive Director,
(a.1) enter into contracts or agreements to carry out its objects,
(a.2) charge fees fixed by the Council for the services provided by the Council,
(b) acquire by purchase, lease, gift, donation, bequest or otherwise any real or personal property, including securities, and own, hold, sell, manage or deal therewith or therein as the Council may determine, and
(c) 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.
1961-62, c.46, s.11; 1992, c.22, s.6; 1996, c.21, s.2
ORGANIZATION
Powers of Executive Director
11(1)The 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.
Officers and Employees
11(2)Subject to the approval of the Council, the Executive Director may
(a) appoint such 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.
Salaries and expenses of officers and employees
11(3)The officers and employees of the Council appointed under subsection (2) shall be paid the salaries and expenses fixed by the Council out of money provided for the work of the Council.
1961-62, c.46, s.12; 1984, c.44, s.18; 1985, c.4, s.59; 1992, c.22, s.7
Pensions
12The 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.
1961-62, c.46, s.13; 2013, c.44, s.41
FINANCIAL PROVISIONS
Financing
13The Minister of Finance shall, out of the Consolidated Fund, pay annually to the Council such amounts as may be appropriated by the Legislature for the purpose.
1961-62, c.46, s.14
AUDIT
Annual audit
14The 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.
1961-62, c.46, s.15; 1982, c.3, s.68
REPORT TO THE LEGISLATURE
Annual report to the Legislature
15The chairman of the Council shall, within two months after the Council receives the Auditor General’s report of the audit for each fiscal year, 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 such designate, as the case may be, shall cause the reports to be laid before the Legislative Assembly within fifteen days after the receipt of the reports.
1961-62, c.46, s.16; 1982, c.3, s.68; 1992, c.22, s.8
WORK PLAN
1992, c.22, s.9
Work Plan
16(1)The chairman of the Council shall submit before the first day of each fiscal year a work plan for that fiscal year to the member of the Executive Council designated by the Lieutenant-Governor in Council.
16(2)The Regulations Act does not apply to a designation made under subsection (1).
1992, c.22, s.9
N.B. This Act is consolidated to February 9, 2015.