Acts and Regulations

2015, c.2 - Opportunities New Brunswick Act

Full text
Dissolution of Invest NB
35(1)The body corporate known as Invest New Brunswick established under section 2 of the Invest New Brunswick Act, chapter 24 of the Acts of New Brunswick, 2011, is dissolved.
35(2)The appointment of a person as Chief Executive Officer is revoked.
35(3)All appointments of persons as other members of the Board, the Chair, Vice-Chair and secretary of the Board and the members of the Executive Committee are revoked.
35(4)All contracts, agreements, orders or by-laws relating to the remuneration, the rate of reimbursement for expenses or severance pay to be paid to the Chief Executive Officer are null and void.
35(5)All contracts, agreements, 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 or the members of the Executive Committee are null and void.
35(6)Despite the provisions of a contract, agreement, order or by-law, no remuneration, expenses or severance pay shall be paid to the Chief Executive Officer.
35(7)Despite the provisions of a contract, agreement, order or by-law, no remuneration or expenses shall be paid to the other members of the Board or the members of the Executive Committee.
35(8)The Deputy Minister of the Department of Economic Development is appointed as the acting Chief Executive Officer beginning on October 16, 2014, and ending on the date of the appointment of a Chief Executive Officer under this Act.
35(9)Any act or thing done on or after October 16, 2014, to the date of the appointment of a Chief Executive Officer under this Act by the acting Chief Executive Officer in the exercise or performance or intended exercise or performance of any right, power, duty, function, responsibility or authority of the Chief Executive Officer under the former Act
(a) shall be deemed to constitute a valid exercise or performance of the right, power, duty, function, responsibility or authority, and
(b) is confirmed and ratified.
35(10)Nothing in subsection (9) shall be taken as providing any indication that any right, power, duty, function, responsibility or authority referred to in that subsection was not validly exercised or performed by the acting Chief Executive Officer.
35(11)Sections 31 and 32 of this Act apply with the necessary modifications to the acting Chief Executive Officer.
35(12)No action, application or other proceeding lies or shall be instituted against Invest NB, Opportunities NB, the Minister, the acting Chief Executive Officer or the Crown in right of New Brunswick before any court or administrative body in New Brunswick as a result of
(a) the dissolution of Invest New Brunswick,
(b) the revocation of the appointment of the Chief Executive Officer, or
(c) the revocation of the appointments of other members of the Board, the Chair, Vice-Chair and secretary of the Board and the members of the Executive Committee.
35(13)Without restricting the generality of subsection (12), no action, application or other proceeding for dismissal, whether express, implied or constructive, lies or shall be instituted against Invest NB, Opportunities NB, the Minister, the acting Chief Executive Officer or the Crown in right of New Brunswick before any court or administrative body in New Brunswick as a result of the revocation of the appointment of the Chief Executive Officer.
35(14)A reference to Invest New Brunswick in an Act, other than this Act, or in a regulation, rule, order, by-law, agreement or other instrument or document shall be read as, unless the context otherwise requires, a reference to Opportunities New Brunswick.
Dissolution of Invest NB
35(1)The body corporate known as Invest New Brunswick established under section 2 of the Invest New Brunswick Act, chapter 24 of the Acts of New Brunswick, 2011, is dissolved.
35(2)The appointment of a person as Chief Executive Officer is revoked.
35(3)All appointments of persons as other members of the Board, the Chair, Vice-Chair and secretary of the Board and the members of the Executive Committee are revoked.
35(4)All contracts, agreements, orders or by-laws relating to the remuneration, the rate of reimbursement for expenses or severance pay to be paid to the Chief Executive Officer are null and void.
35(5)All contracts, agreements, 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 or the members of the Executive Committee are null and void.
35(6)Despite the provisions of a contract, agreement, order or by-law, no remuneration, expenses or severance pay shall be paid to the Chief Executive Officer.
35(7)Despite the provisions of a contract, agreement, order or by-law, no remuneration or expenses shall be paid to the other members of the Board or the members of the Executive Committee.
35(8)The Deputy Minister of the Department of Economic Development is appointed as the acting Chief Executive Officer beginning on October 16, 2014, and ending on the date of the appointment of a Chief Executive Officer under this Act.
35(9)Any act or thing done on or after October 16, 2014, to the date of the appointment of a Chief Executive Officer under this Act by the acting Chief Executive Officer in the exercise or performance or intended exercise or performance of any right, power, duty, function, responsibility or authority of the Chief Executive Officer under the former Act
(a) shall be deemed to constitute a valid exercise or performance of the right, power, duty, function, responsibility or authority, and
(b) is confirmed and ratified.
35(10)Nothing in subsection (9) shall be taken as providing any indication that any right, power, duty, function, responsibility or authority referred to in that subsection was not validly exercised or performed by the acting Chief Executive Officer.
35(11)Sections 31 and 32 of this Act apply with the necessary modifications to the acting Chief Executive Officer.
35(12)No action, application or other proceeding lies or shall be instituted against Invest NB, Opportunities NB, the Minister, the acting Chief Executive Officer or the Crown in right of New Brunswick before any court or administrative body in New Brunswick as a result of
(a) the dissolution of Invest New Brunswick,
(b) the revocation of the appointment of the Chief Executive Officer, or
(c) the revocation of the appointments of other members of the Board, the Chair, Vice-Chair and secretary of the Board and the members of the Executive Committee.
35(13)Without restricting the generality of subsection (12), no action, application or other proceeding for dismissal, whether express, implied or constructive, lies or shall be instituted against Invest NB, Opportunities NB, the Minister, the acting Chief Executive Officer or the Crown in right of New Brunswick before any court or administrative body in New Brunswick as a result of the revocation of the appointment of the Chief Executive Officer.
35(14)A reference to Invest New Brunswick in an Act, other than this Act, or in a regulation, rule, order, by-law, agreement or other instrument or document shall be read as, unless the context otherwise requires, a reference to Opportunities New Brunswick.