|Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
New Brunswick Advisory Council on Seniors Act
Bill No. :
Hon. Joan MacAlpine
First Reading :
Second Reading :
Committee of the Whole :
Third Reading :
Royal Assent :
Download PDF :
|Text of Bill :|
Chair — président
Council — Conseil
fiscal year — année financière
Minister — Ministre
Vice-Chair — vice-président
Establishment of Council 2
Duties and powers of Council 3
Composition of Council and term of appointment 4
Reappointment or replacement 5
Duties of Chair and Vice-Chair 7
Work plan 10
Acquisition of funds 11
Annual report 12
Employment of persons 13
Consequential amendments 16, 17
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 In this Act
"Chair" means the Chair of the Council; (« président »)
"Council" means the Council established under section 2; (« Conseil »)
"fiscal year" means the period commencing on April 1 in one year and ending on March 31 in the next year; (« année financière »)
"Minister" means the Premier or a Minister designated by the Premier; (« Ministre »)
"Vice-Chair" means the Vice-Chair of the Council. (« vice-président »)
Establishment of Council
2 A body for study and consultation is established under the name of "New Brunswick Advisory Council on Seniors" in English and « Conseil consultatif des aînés du Nouveau-Brunswick » in French.
Duties and powers of Council
3(1) The Council shall
(a) advise the Minister on matters relating to seniors that the Minister refers to the Council for its consideration or that the Council considers appropriate, and
(b) bring before the government and the public matters of interest and concern to seniors.
3(2) The Council, in carrying out its duties under subsection (1), may
(a) undertake research on matters relevant to seniors,
(b) receive and hear petitions and suggestions from individuals and groups from both official language communities concerning matters relevant to seniors,
(c) establish committees consisting of members of the Council and other persons who are not members to assist and advise the Council,
(d) make referrals and proposals to, and consult and collaborate with, government agencies, voluntary associations, private businesses, universities and individuals with respect to matters relevant to seniors, including without limiting the generality of the foregoing:
(i) research areas that may be studied;
(ii) programs that may be developed or modified; and
(iii) legislation, policies and practices that may be adopted, and
(e) prepare from time to time such reports, studies and recommendations as the Council considers necessary.
Composition of Council and term of appointment
4(1) The Council shall consist of a Chair, a Vice-Chair and 11 other members appointed by the Lieutenant-Governor in Council.
4(2) The members of the Council shall be appointed for a term of 2 years, but for the purposes of the first Council, 7 of the members, including the Chair and Vice-Chair, shall be appointed for a term of 2 years each and the remaining 6 members shall be appointed for a term of 3 years each.
Reappointment or replacement
5(1) A member of the Council shall remain in office, notwithstanding the expiry of his or her term, until the member resigns, is reappointed or replaced.
5(2) The Chair is not eligible for reappointment as Chair but may be reappointed as a member of the Council.
5(3) Where a member of the Council, other than the Chair, is not reappointed or replaced upon the expiry of the member's term, the member's subsequent reappointment or the appointment of a replacement shall be for a term to expire on the day it would have expired had his or her reappointment or replacement been concurrent with the expiry of the member's term.
6(1) Where a vacancy occurs on the Council, the Lieutenant-Governor in Council shall appoint a person to fill the vacancy for the balance of the term of the member replaced.
6(2) Notwithstanding subsection (1), where a vacancy occurs in the office of the Chair, the Lieutenant-Governor in Council shall appoint a person to fill the vacancy for a term of 2 years.
6(3) A vacancy on the Council does not impair its status to act.
Duties of Chair and Vice-Chair
7(1) The Chair shall direct the activities of the Council and coordinate its work.
7(2) The Vice-Chair shall act in the place of the Chair where the Chair is unable to act for any reason.
8 The Chair, Vice-Chair and other members of the Council shall be paid such remuneration or allowances as the Lieutenant-Governor in Council determines and shall be reimbursed for expenses incurred in the performance of his or her duties at a rate to be fixed by the Lieutenant-Governor in Council.
9(1) Each year, on or before July 31, the Council shall submit to the Minister an estimate of the money required for the operation of the Council during the next fiscal year.
9(2) The Minister of Finance shall in each year pay out of the Consolidated Fund to the Council such amounts as are appropriated by the Legislature for financing the operation of the Council.
9(3) The accounts of the Council shall be audited each year by the Auditor General and his or her report shall be included in the annual report of the Council.
10(1) Before the commencement of each fiscal year, the Council shall submit to the Minister for approval a work plan setting out the manner in which the Council intends to carry out its duties during the fiscal year.
10(2) The Council may amend a work plan at any time during the fiscal year and shall submit the amended work plan to the Minister for approval.
Acquisition of funds
11(1) Subject to the approval of the Minister, the Council may acquire funds for the purposes of this Act by gift, donation, bequest or otherwise and may hold and apply those funds to any of the purposes of this Act, and may invest those funds in securities authorized by the Trustees Act as investments in which trustees or executors may invest money.
11(2) Any funds received in accordance with subsection (1) and any income earned from the investment of the funds shall be included in the accounts of the Council to be audited by the Auditor General.
12(1) For the purposes of carrying out its duties under paragraph 3(1)(b), the Council shall within 3 months after the end of each fiscal year submit to the Minister an annual report that shall contain
(a) a report of all meetings conducted by the Council during the year,
(b) a report of the findings, conclusions and recommendations referred or made by the Council to the Minister during the year,
(c) a report of the progress of the Council in relation to the implementation of the work plan referred to in subsection 10(1) or, if an amended work plan has been approved by the Minister under subsection 10(2), in relation to the implementation of the most recent amended work plan approved by him or her, and
(d) the report of the Auditor General referred to in subsection 9(3).
12(2) The Minister shall lay the annual report before the Legislative Assembly if it is then sitting, or, if the Legislative Assembly is not then sitting, when it next sits.
Employment of persons
13 The Council may, subject to budgetary constraints, employ or engage such persons as it considers necessary to carry out the purposes of this Act.
14(1) The Council may hold its meetings at any place in the Province.
14(2) Seven members of the Council constitute a quorum.
14(3) The Council shall meet at least 4 times in each year at such times and places designated by the Chair or otherwise determined in accordance with the by-laws of the Council.
14(4) In addition to the meetings held in accordance with subsection (3), the Minister may require the Council to meet at such times and places as the Minister directs.
15 Subject to the approval of the Lieutenant-Governor in Council, the Council may make by-laws for its internal management.
16 Schedule A of New Brunswick Regulation 85-68 under the Right to Information Act is amended by adding the following in alphabetical order:
New Brunswick Advisory Council on Seniors
17 Schedule A of New Brunswick Regulation 84-105 under the Public Service Superannuation Act is amended by adding after
Maritime Forest Ranger School. Service with the School from June 1978 shall be counted as pensionable service.
New Brunswick Advisory Council on Seniors, but only with respect to persons who are employed or engaged in full-time employment by the Council in accordance with section 13 of the New Brunswick Advisory Council on Seniors Act.
18 This Act comes into force on April 1, 2003.
|* 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