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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Emergency 911 Act
 
Legislature :
55
Session :
2
Bill No. :
39
Member :
Hon. Steeves
First Reading :
2005-4-28
Second Reading :
2005-4-29
Committee of the Whole :
2005-6-22
Amended :
Third Reading :
2005-6-28
Royal Assent :
2005-6-30
Download PDF :
  Bill 39         
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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 1 of the Emergency 911 Act, chapter E-6.1 of the Acts of New Brunswick, 1994, is amended



(a)               by repealing the definition "NBTel";



(b)               in the English version of the definition "public safety answering point" by striking out the period at the end of the definition and substituting a semicolon;



(c)               by adding the following definitions in alphabetical order:



"Fund" means the NB 911 Service Fund established under section 4.2;



"subscriber" means



(a)       an end-user who is located within the Province and subscribes to a landline-based telephone service of a telecommunications service provider, or



(b)       an end-user who is assigned a telephone number associated with an area within the Province and subscribes to a wireless telephone service of a telecommunications service provider;



"telecommunications service provider" means a person who provides a landline-based telephone service or a wireless telephone service in the Province.



2                           Section 2 of the Act is amended by striking out "NBTel" and substituting "telecommunications service providers".



3                           Subsection 4(1) of the Act is amended by striking out "The Minister may enter into agreements with a municipality or an emergency service provider" and substituting "The Minister may enter into agreements with a person, a municipality, an emergency service provider or a telecommunications service provider".



4                           The Act is amended by adding after section 4 the following:



4.1(1)             The Minister may enter into an agreement with a telecommunications service provider in relation to the collection of fees by a telecommunications service provider from subscribers of a telecommunications service provider for the NB 911 service.



4.1(2)             The fees referred to in subsection (1) shall be prescribed by regulation.



4.1(3)             An agreement under subsection (1) may authorize a telecommunications service provider to retain a portion of the fees it collects for the NB 911 service.



4.2(1)             There is established a fund to be known as the NB 911 Service Fund.



4.2(2)             The Minister is the custodian of the Fund and the Fund is held in trust by the Minister.



4.2(3)             The Fund shall be held for the purposes of this Act in a separate account in the Consolidated Fund.



4.2(4)             The fees collected by a telecommunications service provider for the NB 911 service shall be paid into the Fund, less the portion of the fees the telecommunications service provider retains under an agreement entered into under subsection 4.1(1).



4.2(5)             All interest arising from the Fund shall be paid into and form part of the Fund.



4.2(6)             The Minister may make payments out of the Fund for the following purposes:



(a)               developing, establishing, operating and improving the NB 911 service; and



(b)               paying for costs associated with administering the Fund.



5                           Section 5 of the Act is repealed and the following is substituted:



5                           The Province, the Minister, a person who enters into an agreement with the Minister under subsection 4(1), a telecommunications service provider, a municipality, an emergency service provider or an employee or a volunteer engaged by any of them is not liable for any loss or damage suffered by any person by reason of anything in good faith done or omitted to be done by the Province, the Minister, the person who enters into an agreement with the Minister under subsection 4(1), the telecommunications service provider, the municipality, the emergency service provider, the employee or the volunteer under the authority of this Act or the regulations.



6                           Section 8 of the Act is amended



(a)               in paragraph d) of the French version by striking out "les frontières desservies" and substituting "les territoires desservis";



(b)               in paragraph j) of the French version by striking out "relatif au frontières" and substituting "relatif au territoire";



(c)               by adding after paragraph (k) the following:



(k.1)          prescribing fees to be collected for the NB 911 service;



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



EXPLANATORY NOTES



Section 1



(a)               The existing definition is as follows:



"NBTel" means The New Brunswick Telephone Company, Limited;



(b)               The amendment is consequential on the amendment made in paragraph 1(c) of the amending Act.



(c)                Definitions are added.



Section 2



The amendment is consequential on the amendment made in paragraph 1(a) of this amending Act. The existing provision is as follows:



2                           The Minister, in co-operation with NBTel, municipalities and emergency service providers, shall develop, establish and operate a NB 911 service.



Section 3



The existing provision is as follows:



4(1)                   The Minister may enter into agreements with a municipality or an emergency service provider in relation to the development, establishment and operation of the NB 911 service.



Section 4



New provisions.



Section 5



The amendment is consequential on the amendment made in paragraph 1(a) of this amending Act. The existing provision is as follows:



5                           The Province, the Minister, NBTel, a municipality, an emergency service provider or an employee or a volunteer engaged by any of them is not liable for any loss or damage suffered by any person by reason of anything in good faith done or omitted to be done by the Province, the Minister, NBTel, the municipality, the emergency service provider, the employee or the volunteer under the authority of this Act or the regulations.



Section 6



(a)               The existing provision is as follows:



d)                  concernant le choix des centres de prises d'appels pour la sécurité du public et les frontières desservies par ces centres aux fins de la présente loi;



(b)               The existing provision is as follows:



j)                   exigeant du fournisseur de services d'urgence qu'il donne un préavis au Ministre de tout changement relatif au frontières qu'il dessert et concernant la méthode, le format et le délai de fourniture de ce préavis;



(c)                Regulation-making authority is added.



Section 7



Commencement.
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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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