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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
Common Business Identifier Act
 
Legislature :
54
Session :
4
Bill No. :
42
Member :
Hon. N. Betts
First Reading :
2002-5-2
Second Reading :
2002-5-3
Committee of the Whole :
2002-5-30
Amended :
Third Reading :
2002-5-31
Royal Assent :
2002-6-7
        
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Text of Bill :

                                                                                 Chapter Outline

Definitions         1
   business entity — entreprise
   designated Act — loi désignée
   Minister — Ministre
   public body — organisme public
System of common business identifiers    2
Assigning a common business identifier       3
Use of a common business identifier       4
Information system respecting business entities            5
Disclosure of information 6
Regulations         7
Commencement                               8


   Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Definitions
1                   In this Act

   “business entity” means a person or organization, whether or not incorporated, that provides information to a public body in respect of a business or non-profit undertaking
carried on or to be carried on by the person or organization; («entreprise»)
   
   “designated Act” means an Act or part of an Act designated in the regulations; («loi désignée»)
   
   “Minister” means the member of the Executive Council designated by the Lieutenant-Governor in Council to administer this Act; («Ministre»)
   
   “public body” means

   (a)       the government or a department, branch or office of the government, and
   
   (b)       a board, commission, association, agency or similar body designated by regulation,

and includes a public officer appointed under the authority of a designated Act and the member of the Executive Council responsible for the administration of a designated Act.
(«organisme public»)

System of common business identifiers
2(1)            The Lieutenant-Governor in Council may, by order, establish or adopt a system of common business identifiers for business entities.

2(2)            The Minister may, with the approval of the Lieutenant-Governor in Council, enter into an agreement with the government of Canada for the purpose of establishing or
adopting a system of common business identifiers and for integrating or coordinating the system established or adopted with any system of common business identifiers
established by the government of Canada.

Assigning a common business identifier
3(1)            For the purpose of assigning a common business identifier to a business entity, a public body or a person acting for a public body may, where a business entity provides
information to the public body under a designated Act, request from the business entity, and may disclose to the government of Canada, the following information:

   (a)       the name of the entity and any operating or business names used by it;
   
   (b)       the legal structure of the entity;
   
   (c)         a physical address where the entity conducts business;
   
   (d)       a mailing address for the business entity;
   
   (e)         the name of the person to contact when dealing with the entity, the English or French language preference of the person and the telephone number, facsimile number
   and e-mail address for the person;
   
   (f)         if the entity is a partnership, the names of the partners and their telephone numbers and facsimile numbers;
   
   (g)       if the entity is a body corporate,
   
      (i) the date of its incorporation,
      
      (ii)       the jurisdiction under whose laws it is incorporated and its corporate certificate number in that jurisdiction,
      
      (iii)       the names of its directors and their telephone numbers and facsimile numbers;
   
   (h)       if the entity is an unincorporated organization other than a partnership, the name of at least one individual who alone or together with others is responsible for the
   management of the business or affairs of the organization, and the telephone number and facsimile number of the individual; and
   
   (i)         any other information prescribed by regulation.

3(2)            A public body that has been provided information by a business entity under a designated Act before the commencement of this Act may

   (a)       use the information in its possession,
   
   (b)       where the information is incomplete, request from the business entity such additional information as is specified under subsection (1), and
   
   (c)         disclose the information to the government of Canada,

for the purpose of assigning a common business identifier to the business entity.

3(3)            A business entity shall provide information under this section when requested by a public body.

3(4)            A public body may request information to be obtained under this section in any form or format the public body considers appropriate.

Use of a common business identifier
4(1)            A public body may require from a business entity the common business identifier that has been assigned to it when the business entity provides information to the
public body under a designated Act.

4(2)            A business entity shall provide the common business identifier assigned to it for all matters pertaining to a designated Act, when required to do so by a public body.

Information system respecting business entities
5(1)            A public body that obtains information under section 3 or that obtains a common business identifier for a business entity shall provide that information to Service New
Brunswick.

5(2)            Service New Brunswick may establish and manage an information system for the purpose of receiving and storing information referred to in subsection (1) and for the
purpose of integrating and updating information in respect of business entities.

5(3)            The information system referred to in subsection (2) may also receive and store the following information:

   (a)       the date the common business identifier was assigned to the business entity;
   
   (b)       the operation type of the business entity, as identified by a public body;
   
   (c)         the registration status of the business entity; and
   
   (d)       any other information prescribed by regulation.

Disclosure of information
6(1)                      Information in respect of a business entity that is stored in an information system established under section 5 may be disclosed by Service New Brunswick

   (a)       to another public body or person acting for a public body, for the purpose of
   
      (i)       correcting or updating information in the information system of Service New Brunswick or the public body, or
      
      (ii)       administering or enforcing a law in effect in New Brunswick, or
   
   (b)       in compliance with an agreement made under section 2.

6(2)            The authority under this section to disclose information in respect of a business entity is in addition to any other express or implied authority or obligation to disclose
such information and shall not be interpreted to limit the disclosure of information that is not otherwise limited.

Regulations
7                   The Lieutenant-Governor in Council may make regulations

   (a)               designating Acts or parts of Acts for the purpose of the definition “designated Act”,
   
   (b)               designating entities as public bodies,
   
   (c)               prescribing information for the purposes of subsection 3(1) and paragraph 5(3)(d);
   
   (d)       defining words or expression used but not defined in the Act;
   
   (e)               respecting any matter that the Lieutenant-Governor in Council considers necessary or advisable to carry out effectively the intent and purposes of this Act.

Commencement
8                   This Act or any provision of it comes into force on a day or days to be fixed by proclamation.


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Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
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