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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Pension Benefits Act
 
Legislature :
55
Session :
2
Bill No. :
15
Member :
Hon. Blaney
First Reading :
2004-12-14
Second Reading :
2004-12-16
Committee of the Whole :
2004-12-17
Amended :
2004-12-17
Third Reading :
2004-12-17
Royal Assent :
2004-12-17
Download PDF :
  Bill 15         
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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                           Section 100 of the Pension Benefits Act, chapter P-5.1 of the Acts of New Brunswick, 1987, is amended by adding after subsection (2) the following:



100(2.1)       A regulation may be made retroactive to December 31, 1991, or any date thereafter.



2                           The Act is amended by adding after section 98 the following:



98.1                  No action for damages or other proceeding shall be taken against the Province, the Minister, or a person designated to act on behalf of the Minister with respect to anything done or purported to be done, or with respect to anything omitted, under this Act or a regulation, either before or after the coming into force of this section.





EXPLANATORY NOTES



Section 1



New provision.



Section 2



New provision.
Amendment :Section 1

Strike out section 1 and substitute the following:

1 The Pension Benefits Act, chapter P-5.1 of the Acts of New Brunswick, 1987, is amended by adding after section 100 the following:

100.1(1) A regulation respecting the following pension plans may be made retroactive to December 31, 1991, or any date thereafter:

(a) Pension Plan for Non-Union Salaried Employees of St. Anne-Nackawic Pulp Company Ltd., the registration of which under the Act was acknowledged on August 7, 1997, as amended,

(b) Pension Plan for Hourly Paid and Clerical Union Employees of St. Anne-Nackawic Pulp Company Ltd., as registered with the Superintendent on January 13, 1994, as amended.

100.1(2) Subsection (1) ceases to have effect on June 30, 2006.

100.1(3) A regulation with retroactive effect does not cease to have effect by virtue of the fact that subsection (1) ceases to have effect on June 30, 2006.

100.1(4) A regulation with retroactive effect may affect any right, privilege, obligation or liability acquired, accrued, accruing or incurred by any person under or in respect of the pension plans identified in subsection (1).

100.1(5) No action for damages or other proceedings shall be taken against the Province, the Minister, or a person designated to act on behalf of the Minister with respect to anything done or purported to be done, or with respect to anything omitted in respect of a regulation with retroactive effect, either before or after the coming into force of this section.

Section 2

Strike out section 2.
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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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