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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Executive Council Act
 
Legislature :
55
Session :
1
Bill No. :
23
Member :
Hon. Mr. Lord
First Reading :
2003-12-9
Second Reading :
2003-12-16
Committee of the Whole :
2004-6-10
Amended :
Third Reading :
2004-6-11
Royal Assent :
2004-6-30
Download PDF :
  Bill 23         
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Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1(1)                   Subsection 2(1) of the Executive Council Act, chapter E-12 of the Revised Statutes, 1973, is repealed and the following is substituted:



2(1)                   The Lieutenant-Governor may appoint, under the Great Seal of the Province, from among the members of the Executive Council the following Ministers who shall hold office during pleasure: a President of the Executive Council, an Attorney General who shall also be the Minister of Justice, a Minister of Public Safety, a Minister of Finance, a Minister of Supply and Services, a Minister of Transportation, a Minister of Natural Resources, a Minister of Energy, a Minister of Agriculture, Fisheries and Aquaculture, a Minister of Health and Wellness, a Minister of Family and Community Services, a Minister of Human Resources, a Minister of Training and Employment Development, a Minister of Education, a Minister of the Environment and Local Government, a Minister of Business New Brunswick, a Minister of Tourism and Parks and a Minister of Intergovernmental and International Relations.



1(2)                   Section 3 of the Act is amended



(a)               by repealing subsection (1) and substituting the following:



3(1)                   The Lieutenant-Governor in Council may by Order in Council, from time to time, prescribe the duties of the Ministers, any other member of the Executive Council, any departments over which the Ministers and other members of the Executive Council preside, and the officers and clerks of those departments.



(b)               by repealing subsection (2) and substituting the following:



3(2)                   Any right, power, duty, function, responsibility or authority vested in or imposed on any Minister or other member of the Executive Council before or after the commencement of this subsection by or under any Act of the Legislature or of the Parliament of Canada may be transferred to, vested in, or imposed on such other member of the Executive Council as the Lieutenant-Governor in Council designates, and when such designation is made, it is deemed to have been made on such date as is fixed by the Lieutenant-Governor in Council.



1(3)                   Subsection 5(1) of the Act is repealed and the following is substituted:



5(1)                   The Minister of Finance shall pay an annual salary of twenty thousand dollars in monthly instalments to each Minister appointed under section 2, each member of the Executive Council prescribed duties under subsection 3(1) and each member of the Executive Council to, in or on whom a right, power, duty, function, responsibility or authority is transferred, vested or imposed under subsection 3(2).



1(4)                   Subsection 6.1(2) of the Act is amended by striking out the portion preceding paragraph (a) and substituting the following:



6.1(2)             For the twelve month period commencing January 1, 2002, and for each subsequent twelve month period, the salary payable to Ministers appointed under section 2, the Premier and other members of the Executive Council shall be the amount that is determined



Transitional Provisions

2                           Where in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or other instrument or document, reference is made to the Minister, Deputy Minister or Department of Natural Resources and Energy, it shall be read, unless the context otherwise requires, as a reference to



(a)               the Minister, Deputy Minister or Department of Natural Resources, or



(b)               the Minister, Deputy Minister or Department of Energy,



as the case may be.



3(1)                   Any act or thing done from June 27, 2003, to the date of the enactment of this section, inclusive, by the Minister of Natural Resources, the Minister of Energy and the Minister of Human Resources, in the exercise or performance or intended exercise or performance of any right, power, duty, function, responsibility or authority transferred to, vested in or imposed on those Ministers with respect to any Act, or any particular matter or thing under the administration, supervision or control of those Ministers



(a)               shall be deemed to have been done by persons validly appointed to perform the right, power, duty, function, responsibility or authority transferred to, vested in or imposed on those Ministers,



(b)               shall be deemed to constitute a valid exercise or performance of the right, power, duty, function, responsibility or authority transferred to, vested in or imposed on those Ministers, and



(c)               is confirmed and ratified.



3(2)                   Nothing in paragraphs (1)(a) and (b) shall be taken as providing any indication that any right, power, duty, function, responsibility or authority transferred to, vested in or imposed on the Ministers referred to in subsection (1) was not validly exercised or performed by those Ministers.



4(1)                   The Lieutenant-Governor in Council may make the initial appointment of a deputy head for the Department of Natural Resources under section 3 of the Civil Service Act retroactive to June 27, 2003.



4(2)                   Any act or thing done on or after June 27, 2003, and before his or her appointment by the deputy head appointed in accordance with subsection (1) in the exercise or performance or intended exercise or performance of any right, power, duty, function, responsibility or authority transferred to, vested in or imposed on that deputy head,



(a)               shall be deemed to have been done by a person validly appointed to perform the right, power, duty, function, responsibility or authority transferred to, vested in or imposed on that deputy head,



(b)               shall be deemed to constitute a valid exercise or performance of the right, power, duty, function, responsibility or authority transferred to, vested in or imposed on that deputy head, and



(c)               is confirmed and ratified.



4(3)                   Nothing in paragraphs (2)(a) and (b) shall be taken as providing any indication that any right, power, duty, function, responsibility or authority transferred to, vested in or imposed on the deputy head appointed in accordance with subsection (1) was not validly exercised or performed by that deputy head.



5(1)                   The person appointed under section 3 of the Civil Service Act as the acting deputy head, Energy, by virtue of Order In Council 2003-199, dated June 27, 2003, and as the deputy head, Energy, by virtue of Order in Council 2003-308, dated September 18, 2003, shall be deemed to have been appointed under section 3 of the Civil Service Act as the acting deputy head of the Department of Energy, from June 27, 2003, to September 30, 2003, inclusive, and as the deputy head of the Department of Energy, effective October 1, 2003.



5(2)                   Any act or thing done from June 27, 2003, to the date of the enactment of this subsection, inclusive, by the acting deputy head or deputy head of the Department of Energy in the exercise or performance or intended exercise or performance of any right, power, duty, function, responsibility or authority transferred to, vested in or imposed on that acting deputy head or deputy head,



(a)               shall be deemed to have been done by a person validly appointed to perform the right, power, duty, function, responsibility or authority transferred to, vested in or imposed on that acting deputy head or deputy head,



(b)               shall be deemed to constitute a valid exercise or performance of the right, power, duty, function, responsibility or authority transferred to, vested in or imposed on that acting deputy head or deputy head, and



(c)               is confirmed and ratified.



5(3)                   Nothing in paragraphs (2)(a) and (b) shall be taken as providing any indication that any right, power, duty, function, responsibility or authority transferred to, vested in or imposed on the acting deputy head or deputy head of the Department of Energy was not validly exercised or performed by that acting deputy head or deputy head.



6                           No action, application or any other proceeding to question or in which is questioned the validity of the appointment of the Ministers referred to in subsection 3(1), the deputy head appointed in accordance with subsection 4(1) or the acting deputy head or deputy head of the Department of Energy, or the authority of those Ministers or deputy heads or that acting deputy head to act in such capacity, shall lie or be instituted against the Crown in right of the Province or



(a)               the Ministers referred to in subsection 3(1), with respect to any act or thing done from June 27, 2003, to the date of the enactment of this section, inclusive, by those Ministers in the exercise or performance or intended exercise or performance of any right, power, duty, function, responsibility or authority transferred to, vested in or imposed on those Ministers with respect to any Act, or any particular matter or thing under the administration, supervision or control of those Ministers,



(b)               the deputy head appointed in accordance with subsection 4(1), with respect to any act or thing done on or after June 27, 2003, and before his or her appointment by that deputy head in the exercise or performance or intended exercise or performance of any right, power, duty, function, responsibility or authority transferred to, vested in or imposed on that deputy head,



(c)               the acting deputy head or deputy head of the Department of Energy, with respect to any act or thing done from June 27, 2003, to the date of the enactment of this section, inclusive, by that acting deputy head or deputy head in the exercise or performance or intended exercise or performance of any right, power, duty, function, responsibility or authority transferred to, vested in or imposed on that acting deputy head or deputy head, or



(d)               any other person appointed, assigned, designated or requested to assist the Ministers referred to in subsection 3(1), the deputy head appointed in accordance with subsection 4(1) or the acting deputy head or deputy head of the Department of Energy for a limited period of time, with respect to the administration, supervision or enforcement of any Act with respect to which any right, power, duty, function, responsibility or authority that is transferred to, vested in or imposed on those Ministers, with respect to a particular matter or thing under the administration, supervision or control of those Ministers, or with respect to any right, power, duty, function, responsibility or authority that is transferred to, vested in or imposed on those deputy heads or that acting deputy head, with respect to any act or thing done within the meaning of this paragraph, by the other person,



if those Ministers, deputy heads or other persons or that acting deputy head acted in good faith in doing the act or thing.



Assessment Act

7                           Paragraph 4(1)(i) of the Assessment Act, chapter A-14 of the Revised Statutes, 1973, is amended by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources".



Bituminous Shale Act

8                           Section 1 of the Bituminous Shale Act, chapter B-4.1 of the Acts of New Brunswick, 1976, is amended by repealing the definition "Minister" and substituting the following:



"Minister" means the Minister of Natural Resources and includes any person designated by the Minister to act on the Minister's behalf;



Civil Service Act

9                           Section 3 of New Brunswick Regulation 93-137 under the Civil Service Act is amended



(a)               by striking out



Department of Natural Resources and Energy

Energy



(b)               by adding the following in alphabetical order:



Department of Energy

Department of Natural Resources



Clean Environment Act

10(1)               Section 1 of the Clean Environment Act, chapter C-6 of the Revised Statutes, 1973, is amended by repealing the definition "Minister of Natural Resources and Energy" and substituting the following:



"Minister of Natural Resources" includes a person designated by the Minister of Natural Resources to act on that Minister's behalf;



10(2)               Section 6.1 of the Act is amended



(a)               in subsection (2) by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources";



(b)               in subsection (3) by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources";



(c)               in subsection (9)



(i)         in the portion preceding paragraph (a) by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources";



(ii)       in paragraph (b) by striking out "Department of Natural Resources and Energy" wherever it appears and substituting "Department of Natural Resources";



(d)               in paragraph (10)(b) by striking out "Department of Natural Resources and Energy" wherever it appears and substituting "Department of Natural Resources";



(e)               in subsection (12) by striking out "Natural Resources and Energy" wherever it appears and substituting "Natural Resources".



10(3)               Subsection 6.2(3) of the Act is amended in the portion preceding paragraph (a) by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources".



10(4)               Subsection 14(3) of the Act is amended



(a)               in the portion preceding paragraph (a) by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources";



(b)               in paragraph (a) by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources";



(c)               in paragraph (b) by striking out "Natural Resources and Energy" and substituting "Natural Resources".



Clean Water Act

11                        Subsection 3(3) of New Brunswick Regulation 90-80 under the Clean Water Act is amended



(a)               in paragraph (e.1) by striking out "Department of Natural Resources and Energy" and substituting "Department of Natural Resources";



(b)               in paragraph (f) by striking out "Department of Natural Resources and Energy" and substituting "Department of Natural Resources".



12                        Schedule B of New Brunswick Regulation 2000-47 under the Clean Water Act is amended in paragraph 7(1)(h)



(a)               in subparagraph (iv) by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources";



(b)               in subparagraph (v) by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources".



13                        Paragraph 12(2)(c) of New Brunswick Regulation 2002-13 under the Clean Water Act is amended by striking out "Department of Natural Resources and Energy" and substituting "Department of Natural Resources".



Conservation Easements Act

14                        Section 1 of the Conservation Easements Act, chapter C-16.3 of the Acts of New Brunswick, 1998, is amended by repealing the definition "Minister" and substituting the following:



"Minister" means the Minister of Natural Resources;



Crown Lands and Forests Act

15                        Section 1 of the Crown Lands and Forests Act, chapter C-38.1 of the Acts of New Brunswick, 1980, is amended by repealing the definition "Minister" and substituting the following:



"Minister" means the Minister of Natural Resources and includes any person designated by the Minister to act on the Minister's behalf;



16(1)               Paragraph 16(2)(c) of New Brunswick Regulation 86-160 under the Crown Lands and Forests Act is amended by striking out "Deputy Minister of Natural Resources and Energy" and substituting "Deputy Minister of Natural Resources".



16(2)               Form 1 of the Regulation is amended by striking out "Minister of Natural Resources and Energy" wherever it appears and substituting "Minister of Natural Resources".



17                        Paragraph 7(x) of New Brunswick Regulation 89-32 under the Crown Lands and Forests Act is amended by striking out "Department of Natural Resources and Energy" and substituting "Department of Natural Resources".



Elections Act

18                        Schedule A of the Elections Act, chapter E-3 of the Revised Statutes, 1973, is amended in paragraph (e) by striking out "Department of Natural Resources and Energy" and substituting "Department of Natural Resources".



Electricity Act

19                        Section 1 of the Electricity Act, chapter E-4.6 of the Acts of New Brunswick, 2003, is amended by repealing the definition "Minister" and substituting the following:



"Minister" means the Minister of Energy; ( Ministre )



Emergency Measures Act

20(1)               Section 2 of New Brunswick Regulation 83-71 under the Emergency Measures Act is amended in the definition "non-chargeable assistance" by repealing paragraph (d) and substituting the following:



(d)               rescue equipment from the Department of Natural Resources.



20(2)               Paragraph 3(4)(a) of the Regulation is amended by striking out "Department of Natural Resources and Energy" and substituting "Department of Natural Resources".



21                        Section 4 of New Brunswick Regulation 84-7 under the Emergency Measures Act is amended



(a)               in subsection (1)



(i)         by striking out



Department of Natural Resources and Energy



(ii)       by adding the following in alphabetical order:



Department of Energy

Department of Natural Resources



(b)               in subsection (3)



(i)         in paragraph (i) in the portion preceding subparagraph (i) by striking "Department of Natural Resources and Energy" and substituting "Department of Natural Resources";



(ii)       by repealing paragraph (l) and substituting the following:



(l)                the Department of Business New Brunswick shall, in conjunction with the Department of Energy and the Department of Natural Resources, develop plans to support the Department of Energy and the Department of Natural Resources in their emergency roles;



Endangered Species Act

22                        Section 1 of the Endangered Species Act, chapter E-9.101 of the Acts of New Brunswick, 1996, is amended in the definition "Minister" by striking out "Natural Resources and Energy" and substituting "Natural Resources".



Energy Efficiency Act

23                        Section 1 of the Energy Efficiency Act, chapter E-9.11 of the Acts of New Brunswick, 1992, is amended by repealing the definition "Minister" and substituting the following:



"Minister" means the Minister of Energy and includes any person designated by the Minister to act on the Minister's behalf;



Evidence Act

24(1)               Section 39 of the Evidence Act, chapter E-11 of the Revised Statutes, 1973, is amended by striking out "Minister of Natural Resources and Energy" wherever it appears and substituting "Minister of Natural Resources".



24(2)               Section 40 of the Act is amended by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources".



Financial Administration Act

25                        Schedule A of New Brunswick Regulation 83-227 under the Financial Administration Act is amended



(a)               by striking out



Department of Natural Resources and Energy

Energy



(b)               by adding the following in alphabetical order:



Department of Energy

Department of Natural Resources



Fish and Wildlife Act

26(1)               Subsection 1(1) of the Fish and Wildlife Act, chapter F-14.1 of the Acts of New Brunswick, 1980, is amended



(a)               in the definition "Department" by striking out "Natural Resources and Energy" and substituting "Natural Resources";



(b)               by repealing the definition "Minister" and substituting the following:



"Minister" means the Minister of Natural Resources and includes any person designated by the Minister to act on the Minister's behalf;



26(2)               Subsection 76(2) of the Act is amended by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources".



27                        Subsection 4.2(1) of New Brunswick Regulation 84-124 under the Fish and Wildlife Act is amended by striking out "Department of Natural Resources and Energy" and substituting "Department".



28(1)               Paragraph 4(2)(b) of New Brunswick Regulation 94-47 under the Fish and Wildlife Act is amended by striking out "Department of Natural Resources and Energy" and substituting "Department".



28(2)               Paragraph 6(b) of the Regulation is amended by striking out "Department of Natural Resources and Energy" and substituting "Department".



28(3)               Paragraph 7(1)(a) of the Regulation is amended by striking out "Department of Natural Resources and Energy" and substituting "Department".



28(4)               Section 8 of the Regulation is amended by striking out "Department of Natural Resources and Energy" and substituting "Department".



28(5)               Paragraph 9(1)(b) of the Regulation is amended by striking out "Department of Natural Resources and Energy" and substituting "Department".



28(6)               Section 10 of the Regulation is amended



(a)               in subsection (1) by striking out "Department of Natural Resources and Energy" and substituting "Department";



(b)               in paragraph (3)(a) by striking out "Department of Natural Resources and Energy" and substituting "Department".



28(7)               Section 18 of the Regulation is amended



(a)               in paragraph (1)(a) by striking out "Department of Natural Resources and Energy" and substituting "Department";



(b)               in paragraph (3)(a) by striking out "Department of Natural Resources and Energy" and substituting "Department".



29                        Section 4 of New Brunswick Regulation 97-141 under the Fish and Wildlife Act is amended by striking out "Department of Natural Resources and Energy" and substituting "Department".



Forest Fires Act

30                        Section 1 of the Forest Fires Act, chapter F-20 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:



"Minister" means the Minister of Natural Resources and includes any person designated by the Minister to act on the Minister's behalf;



Forest Products Act

31(1)               Section 1 of the Forest Products Act, chapter F-21 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:



"Minister" means the Minister of Natural Resources and includes any person designated by the Minister to act on the Minister's behalf;



31(2)               Paragraph 3(1)(e) of the Act is amended by striking out "Department of Natural Resources and Energy" and substituting "Department of Natural Resources".



Gas Distribution Act, 1999

32                        Section 1 of the Gas Distribution Act, 1999, chapter G-2.11 of the Acts of New Brunswick, 1999, is amended by repealing the definition "Minister" and substituting the following:



"Minister" means the Minister of Energy and includes any person designated by the Minister to act on the Minister's behalf;



Gasoline and Motive Fuel Tax Act

33                        Paragraph 18.1(1)(e) of New Brunswick Regulation 82-81 under the Gasoline and Motive Fuel Tax Act is amended in the portion preceding subparagraph (i) by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources".



Gasoline, Diesel Oil and Home Heating Oil Pricing Act

34                        Section 1 of the Gasoline, Diesel Oil and Home Heating Oil Pricing Act, chapter G-3.1 of the Acts of New Brunswick, 1987, is amended by repealing the definition "Minister" and substituting the following:



"Minister" means the Minister of Energy and includes any person designated by the Minister to act on the Minister's behalf;



Inquiries Act

35                        Subsection 14(1) of the Inquiries Act, chapter I-11 of the Revised Statutes, 1973, is amended



(a)               by striking out "The Minister of Natural Resources and Energy" and substituting "The Minister of Energy, the Minister of Natural Resources";



(b)               by striking out "the Minister of Natural Resources and Energy and the Minister of Supply and Services, and to all acts, matters and things done by either of them" and substituting "the Minister of Energy, the Minister of Natural Resources and the Minister of Supply and Services, and to all acts, matters and things done by any of them".



Maritime Forestry Complex Corporation Act

36                        Section 1 of the Maritime Forestry Complex Corporation Act, chapter M-1.2 of the Acts of New Brunswick, 1980, is amended by repealing the definition "Minister" and substituting the following:



"Minister" means the Minister of Natural Resources.



Metallic Minerals Tax Act

37                        Subsection 1(1) of the Metallic Minerals Tax Act, chapter M-11.01 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:



"Minister" means the Minister of Natural Resources;



Mining Act

38                        Section 1 of the Mining Act, chapter M-14.1 of the Acts of New Brunswick, 1985, is amended by repealing the definition "Minister" and substituting the following:



"Minister" means the Minister of Natural Resources and includes any person designated by the Minister to act on the Minister's behalf;



Motor Vehicle Act

39                        Paragraph 13(6)(a) of New Brunswick Regulation 83-42 under the Motor Vehicle Act is amended by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources".



National Parks Act

40                        Section 1 of the National Parks Act, chapter N-1 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:



"Minister" means the Minister of Natural Resources;



Natural Products Act

41                        Section 1 of the Natural Products Act, chapter N-1.2 of the Acts of New Brunswick, 1999, is amended in paragraph (b) of the definition "Minister" by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources".



Off-Road Vehicle Act

42(1)               Section 1 of the Off-Road Vehicle Act, chapter O-1.5 of the Acts of New Brunswick, 1985, is amended



(a)               in the definition "all-terrain vehicle managed trail" by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources";



(b)               in the definition "all-terrain vehicle trail manager" by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources".



42(2)               Section 7.8 of the Act is amended



(a)               in subsection (1) by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources";



(b)               in subsection (3)



(i)         in the portion preceding paragraph (h) by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources";



(ii)       in paragraph (j) by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources";



(iii)    in paragraph (k) by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources";



(iv)      in paragraph (m) by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources";



(v)       in paragraph (o) by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources";



(c)               in subsection (5) by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources".



42(3)               Subsection 7.9(2) of the Act is amended by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources".



42(4)               Subsection 7.92(1) of the Act is amended by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources".



42(5)               Paragraph 38(d.2) of the Act is amended by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources".



42(6)               Subsection 39.2(1) of the Act is amended by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources".



42(7)               Section 39.3 of the Act is amended in the portion preceding paragraph (a) by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources".



42(8)               Section 39.4 of the Act is amended



(a)               in the portion preceding paragraph (a) by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources";



(b)               in subparagraph (b)(ii) by striking out "Department of Natural Resources and Energy" and substituting "Department of Natural Resources".



42(9)               Section 39.5 of the Act is amended by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources".



42(10)            Subsection 39.6(1) of the Act is amended by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources".



43                        Section 10 of An Act to Amend the All-Terrain Vehicle Act, chapter 7 of the Acts of New Brunswick, 2003, is amended in paragraph 7.8(3)(c) by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources".



Oil and Natural Gas Act

44                        Section 1 of the Oil and Natural Gas Act, chapter O-2.1 of the Acts of New Brunswick, 1976, is amended by repealing the definition "Minister" and substituting the following:



"Minister" means the Minister of Natural Resources and includes any person designated by the Minister to act on the Minister's behalf;



45                        Subsection 3(3) of New Brunswick Regulation 86-190 under the Oil and Natural Gas Act is amended by striking out "Department of Natural Resources and Energy" and substituting "Department of Natural Resources".



Parks Act

46(1)               Section 1 of the Parks Act, chapter P-2.1 of the Acts of New Brunswick, 1982, is amended



(a)               in paragraph (b) of the definition "Department" by striking out "Department of Natural Resources and Energy" and substituting "Department of Natural Resources";



(b)               in paragraph (b) of the definition "Minister" by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources";



(c)               in the portion following paragraph (c) of the definition "provincial park" by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources".



46(2)               Section 1.1 of the Act is amended



(a)               in subsection (1) by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources";



(b)               in subsection (3) by striking out "Minister of Natural Resources and Energy" wherever it appears and substituting "Minister of Natural Resources".



Pesticides Control Act

47                        Paragraph 4(1)(e) of the Pesticides Control Act, chapter P-8 of the Revised Statutes, 1973, is amended by striking out "Department of Natural Resources and Energy" and substituting "Department of Natural Resources".



Pipe Line Act

48(1)               Section 1 of the Pipe Line Act, chapter P-8.1 of the Acts of New Brunswick, 1976, is amended by repealing the definition "Minister" and substituting the following:



"Minister" means the Minister of Natural Resources and includes any person designated by the Minister to act on the Minister's behalf;



48(2)               Subsection 31(1) of the Act is amended by striking out "Department of Natural Resources and Energy" and substituting "Department of Natural Resources".



Protected Natural Areas Act

49(1)               Section 1 of the Protected Natural Areas Act, chapter P-19.01 of the Acts of New Brunswick, 2003, is amended by repealing the definition "Minister" and substituting the following:



"Minister" means the Minister of Natural Resources; ( Ministre )



49(2)               Subsection 8(1) of the Act is amended



(a)               in subparagraph (a)(i) by striking out "Department of Natural Resources and Energy" wherever it appears and substituting "Department of Natural Resources";



(b)               in subparagraph (b)(i) by striking out "Department of Natural Resources and Energy" wherever it appears and substituting "Department of Natural Resources";



(c)               in subparagraph (c)(i) by striking out "Department of Natural Resources and Energy" wherever it appears and substituting "Department of Natural Resources".



49(3)               Paragraph 24(2)(a) of the Act is amended by striking out "Natural Resources and Energy" wherever it appears and substituting "Natural Resources".



50                        The enacting clause of New Brunswick Regulation 2003-8 under the Protected Natural Areas Act is amended by striking out "Minister of Natural Resources and Energy" and substituting "Minister".



Public Landings Act

51                        Section 1 of the Public Landings Act, chapter P-23.01 of the Acts of New Brunswick, 1977, is amended by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources".



Public Purchasing Act

52(1)               Section 40 of New Brunswick Regulation 94-157 under the Public Purchasing Act is amended in the portion preceding paragraph (a) by striking out "Department of Natural Resources and Energy" and substituting "Department of Natural Resources".



52(2)               Schedule A of the Regulation is amended



(a)               by striking out



Department of Natural Resources and Energy

Energy



(b)               by adding the following in alphabetical order:



Department of Energy

Department of Natural Resources



Public Service Labour Relations Act

53                        The First Schedule of the Public Service Labour Relations Act, chapter P-25 of the Revised Statutes, 1973, is amended in Part I



(a)               by striking out



Department of Natural Resources and Energy

Energy



(b)               by adding the following in alphabetical order:



Department of Energy

Department of Natural Resources



Public Utilities Act

54                        Section 1 of the Public Utilities Act, chapter P-27 of the Revised Statutes, 1973, is amended by repealing the definition "Minister" and substituting the following:



"Minister" means the Minister of Energy;



Public Works Act

55                        Section 1 of the Public Works Act, chapter P-28 of the Revised Statutes, 1973, is amended by repealing paragraph (c) of the definition "public work" and substituting the following:



(c)                Crown lands and buildings under the jurisdiction of the Minister of Natural Resources,



Quarriable Substances Act

56(1)               Subsection 1(1) of the Quarriable Substances Act, chapter Q-1.1 of the Acts of New Brunswick, 1991, is amended by repealing the definition "Minister" and substituting the following:



"Minister" means the Minister of Natural Resources and includes any person designated by the Minister to act on the Minister's behalf;



56(2)               Paragraph 39(1)(p) of the Act is amended by striking out "Department of Natural Resources and Energy" and substituting "Department of Natural Resources".



Registry Act

57                        Section 49 of the Registry Act, chapter R-6 of the Revised Statutes, 1973, is amended



(a)               in subsection (1) by striking out "Minister of Natural Resources and Energy" wherever it appears and substituting "Minister of Natural Resources";



(b)               in subsection (2) by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources".



Right to Information Act

58                        Schedule A of New Brunswick Regulation 85-68 under the Right to Information Act is amended



(a)               by striking out



Department of Natural Resources and Energy

Energy



(b)               by adding the following in alphabetical order:



Department of Energy

Department of Natural Resources



Roosevelt Campobello International Park Act

59                        Section 5 of the Roosevelt Campobello International Park Act, chapter R-11 of the Revised Statutes, 1973, is amended by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources".



Scalers Act

60                        Subsection 1(1) of the Scalers Act, chapter S-4.1 of the Acts of New Brunswick, 1981, is amended



(a)               by repealing the definition "Department" and substituting the following:



"Department" means the Department of Natural Resources;



(b)               by repealing the definition "Minister" and substituting the following:



"Minister" means the Minister of Natural Resources;



Security Frauds Prevention Act

61                        Subsection 24(3) of the Security Frauds Prevention Act, chapter S-6 of the Revised Statutes, 1973, is amended by striking out "Minister of Natural Resources and Energy" and substituting "Minister of Natural Resources".



Transportation of Primary Forest Products Act

62                        Section 1 of the Transportation of Primary Forest Products Act, chapter T-11.02 of the Acts of New Brunswick, 1999, is amended by repealing the definition "Minister" and substituting the following:



"Minister" means the Minister of Natural Resources;



63                        Subsection 4(1) of New Brunswick Regulation 2002-37 under the Transportation of Primary Forest Products Act is amended by striking out "Department of Natural Resources and Energy" and substituting "Department of Natural Resources".



Underground Storage Act

64                        Section 1 of the Underground Storage Act, chapter U-1.1 of the Acts of New Brunswick, 1978, is amended by repealing the definition "Minister" and substituting the following:



"Minister" means the Minister of Natural Resources and includes any person designated by the Minister to act on the Minister's behalf;



Commencement

65(1)               Subject to subsection (2), this Act shall be deemed to have come into force on June 27, 2003.



65(2)               Subsections 42(1) to (5) and (8) to (10) shall be deemed to have come into force on October 1, 2003.



EXPLANATORY NOTES



Section 1



(1)                      Changes are made to subsection 2(1) of the Executive Council Act which authorizes the appointment of Ministers from among members of the Executive Council. The reference to the Minister of Natural Resources and Energy is replaced by the Minister of Energy and the Minister of Natural Resources. Reference to the Minister of Human Resources is added.



(2)(a) and (b)            The existing provisions are as follow:



3(1)                   The Lieutenant-Governor in Council may by Order in Council, from time to time, prescribe the duties of the Ministers and of the several departments over which they preside, and of the officers and clerks thereof.



3(2)                   Any right, power, duty, function, responsibility or authority vested in or imposed on any Minister before or after the coming into force of this subsection by or under any Act of the Legislature or of the Parliament of Canada may be transferred to, vested in, or imposed on such other member of the Executive Council as the Lieutenant-Governor in Council designates, and when such designation is made, it is deemed to have been made on such date as is fixed by the Lieutenant-Governor in Council.



(3)                      The existing provision is as follows:



5(1)                   The Minister of Finance shall pay to each Minister appointed under section 2 an annual salary of twenty thousand dollars in monthly instalments.



(4)                      The existing provision is as follows:



6.1(2)             For the twelve month period commencing January 1, 2002, and for each subsequent twelve month period, the salary payable to Ministers appointed under section 2, to the Premier and to a member of the Executive Council not in receipt of a salary under section 5 shall be the amount that is determined



Sections 2 to 6



Transitional provisions.



Sections 7 to 64



Amendments to Acts and Regulations update references to Departments and Ministers.



Section 65



Commencement provision.
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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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