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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. :
71
Member :
Hon. Mr. Lord
First Reading :
2004-6-23
Second Reading :
2004-6-24
Committee of the Whole :
2004-6-25
Amended :
Third Reading :
2004-6-29
Royal Assent :
2004-6-30
Download PDF :
  Bill 71         
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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                           Subsection 2(1) of the Executive Council Act, chapter E-12 of the Revised Statutes, 1973, is amended by striking out "a Minister of Public Safety" and substituting "a Minister of Public Safety who shall also be Solicitor General".



Transitional Provisions

2                           Where in any Act of the Legislature, other than this Act, or any Act of the Parliament of Canada or in any regulation, statutory instrument, rule, order, by-law, agreement or other instrument or document, reference is made to the Solicitor General, Deputy Solicitor General or the Department of the Solicitor General in relation to the Province of New Brunswick, it shall be read, unless the context otherwise requires, as a reference to the Minister of Public Safety in his or capacity as Solicitor General, the Deputy Minister of Public Safety in his or her capacity as Deputy Solicitor General or the Department of Public Safety in its role as the Department of the Solicitor General.



3(1)                   Any act or thing done from April 1, 2000, to the date of the enactment of this section, inclusive, by the Minister of Public Safety in his or her capacity as Solicitor General and 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 him or her in that capacity with respect to any Act of the Legislature or the Parliament of Canada, or any particular matter or thing under his or her administration, supervision or control



(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 the Minister of Public Safety in his or her capacity as Solicitor General,



(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 the Minister of Public Safety in his or her capacity as Solicitor General, 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 Minister of Public Safety in his or her capacity as Solicitor General was not validly exercised or performed by him or her.



4                           No action, application or any other proceeding to question or in which is questioned the validity of the appointment of the Minister of Public Safety or his or authority to act in his or her capacity as Solicitor General, shall lie or be instituted against the Crown in right of the Province or the Minister of Public Safety with respect to any act or thing done from April 1, 2000, to the date of the enactment of this section, inclusive, by that Minister 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 him or her in his or her capacity as Solicitor General with respect to any Act of the Legislature or the Parliament of Canada, or any particular matter or thing under his or her administration, supervision or control if he or she acted in good faith in doing the act or thing.



Deeming Provision

5                           This Act shall be deemed to have come into force on April 1, 2000.



Commencement

6                           This Act comes into force on a day to be fixed by proclamation.



EXPLANATORY NOTES



Section 1



The existing provision is as follows:



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 and Energy, a Minister of Agriculture, Fisheries and Aquaculture, a Minister of Health and Wellness, a Minister of Family and Community Services, 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.



Sections 2 to 4



Transitional provisions.



Section 5



Deeming provision.



Section 6



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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