Bill 29 - An Act to Amend the Executive Council Act

BILL 29

An Act to Amend the Executive Council Act

His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Executive Council Act

1 Section 2 of the Executive Council Act, chapter 152 of the Revised Statutes, 2011 is repealed and the following is substituted:

Appointment of Ministers

2 Under the Great Seal of the Province, the Lieutenant-Governor in Council may appoint from among the members of the Executive Council the following Ministers who shall hold office during pleasure: a President of the Executive Council, a Minister of Agriculture, Aquaculture and Fisheries, a Minister of Education and Early Childhood Development, a Minister of Energy, a Minister of Environment and Climate Change, a Minister of Finance and Treasury Board, a Minister of Health, a Minister of Indigenous Affairs, a Minister of Intergovernmental Affairs, a Minister of Justice who shall also be Attorney General, a Minister of Local Government, a Minister of Natural Resources, a Minister of Post-Secondary Education, Training and Labour, a Minister of Public Safety, a Minister of Social Development, a Minister of Tourism, Heritage and Culture, and a Minister of Transportation and Infrastructure.

TRANSITIONAL PROVISIONS

References

2( 1) When in an Act other than this Act or in any regulation, rule, order, by-law, agreement or other instrument or document reference is made to the member of the Executive Council designated by the Lieutenant-Governor in Council as being responsible for Energy it shall be read, unless the context otherwise requires, as a reference to the Minister of Energy.

2( 2) When in an Act other than this Act or in any regulation, rule, order, by-law, agreement or other instrument or document reference is made to the Department of Natural Resources and Energy Development, it shall be read, unless the context otherwise requires, as a reference to, as the case may be,

(a) the Department of Energy, or

(b) the Department of Natural Resources.

Confirmation and ratification

3( 1) Any act or thing done from April 1, 2025, to the date of the enactment of this section, both dates inclusive, by the Minister 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 Minister with respect to any Act, or any particular matter or thing under the administration, supervision or control of that Minister,

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

(b) is 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 Minister, and

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 Energy was not validly exercised or performed.

Appointment, confirmation and ratification – deputy head

4( 1) The Lieutenant-Governor in Council may make the initial appointment of a deputy head under section 3 of the Civil Service Act retroactive to April 1, 2025, for the Department of Energy.

4( 2) Any act or thing done by the deputy head appointed in accordance with subsection (1) from April 1, 2025, to the date of the enactment of this section, both dates inclusive, 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

(b) is 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

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.

Immunity

5 If the Minister, deputy head or other persons acted in good faith in doing the act or thing, no action, application or any other proceeding to question or in which is questioned the validity of the appointment of the Minister referred to in subsection 3(1) or the deputy head appointed in accordance with subsection 4(1), or the authority of the Minister or the deputy head to act in that capacity, lies or shall be instituted against

(a) the Crown in right of the Province,

(b) the Minister with respect to any act or thing done from April 1, 2025, to the date of the enactment of this section, both dates inclusive, by the 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 the Minister with respect to any Act, or any particular matter or thing under the administration, supervision or control of the Minister,

(c) the deputy head with respect to any act or thing done by the deputy head from April 1, 2025, to the date of the enactment of this section, both dates inclusive, 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 the deputy head, or

(d) any other person appointed, assigned, designated or requested to assist the Minister or the deputy head regarding the administration, supervision or enforcement of any Act with respect to which any right, power, duty, function, responsibility or authority is transferred to, vested in or imposed on the Minister, regarding a particular matter or thing under the administration, supervision or control of the Minister, or regarding any right, power, duty, function, responsibility or authority that is transferred to, vested in or imposed on the deputy head, with respect to any act or thing done, within the meaning of this paragraph, by the other person.

CONSEQUENTIAL AMENDMENTS

Regulation under the Civil Service Act

6 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 Development”;

(b) by adding the following in alphabetical order:

Department of Energy

Department of Natural Resources

Clean Environment Act

7( 1) Section 6.1 of the Clean Environment Act, chapter C-6 of the Revised Statutes, 1973, is amended

(a) in paragraph (9)(b) of the English version by striking out “and Energy Development” wherever it appears;

(b) in paragraph (10)(b) by striking out “and Energy Development” wherever it appears;

7( 2) Paragraph 14(3)(b) of the Act is amended by striking out “, means the Department of Natural Resources and Energy Development” and substituting “means the Department of Natural Resources”.

Regulations under the Clean Water Act

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

(a) in paragraph (e.1) by striking out “and Energy Development”;

(b) in paragraph (f) by striking out “and Energy Development”.

8( 2) Paragraph 12(2)(c) of New Brunswick Regulation 2002-13 under the Clean Water Act is amended by striking out “and Energy Development”.

Crown Lands and Forests Act

9( 1) Section 1 of the Crown Lands and Forests Act, chapter C-38.1 of the Acts of New Brunswick, 1980, is amended in the definition “Department” by striking out “and Energy Development”.

9( 2) Paragraph 71.5(5)(a) of the Act is amended by striking out “and Energy Development” wherever it appears.

9( 3) Paragraph 80(3)(a) of the Act is amended by striking out “and Energy Development” wherever it appears.

Regulation under the Crown Lands and Forests Act

10 Paragraph 3(2)(cc) of New Brunswick Regulation 2009-62 under the Crown Lands and Forests Act is amended by striking out “and Energy Development”.

Electricity Act

11 Section 1 of the Electricity Act, chapter 7 of the Acts of New Brunswick, 2013, 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. (ministre)

Regulations under the Emergency Measures Act

12( 1) New Brunswick Regulation 83-71 under the Emergency Measures Act is amended

(a) in section 2 in paragraph (d) of the definition “non-chargeable assistance” by striking out “and Energy Development”;

(b) in paragraph 3(4)(a) by striking out “and Energy Development”.

12( 2) 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 Development”;

( ii) by adding the following in alphabetical order:

Department of Energy

Department of Natural Resources

(b) in subsection (3)

( i) in paragraph (i) by striking out “and Energy Development”;

( ii) in subparagraph (l)(i) by striking out “and Energy Development” wherever it appears;

( iii) in paragraph (p) by striking out “Department of Natural Resources and Energy Development” and substituting “Department of Energy”.

Energy and Utilities Board Act

13 Section 1 of the Energy and Utilities Board Act, chapter E-9.18 of the Acts of New Brunswick, 2006, is amended by repealing the definition “Minister” and substituting the following:

“Minister” means the Minister of Energy. (ministre)

Energy Efficiency Act

14 Section 1 of the Energy Efficiency Act, chapter 149 of the Revised Statutes, 2011, 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. (ministre)

Exotic Animals Act

15 Paragraph 5(a) of the Exotic Animals Act, chapter 52 of the Acts of New Brunswick, 2017, is amended by striking out “Department of Natural Resources and Energy Development” and substituting “Department of Natural Resources”.

Regulations under the Financial Administration Act

16( 1) 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 Development”;

(b) by adding the following in alphabetical order:

Department of Energy

Department of Natural Resources

16( 2) New Brunswick Regulation 2006-8 under the Financial Administration Act is amended

(a) in subsection 3(2) by striking out “and Energy Development”;

(b) in subsection 6(2)

( i) in the portion preceding paragraph (a) by striking out “and Energy Development”;

( ii) in paragraph (a) by striking out “and Energy Development”;

( iii) in paragraph (b) by striking out “and Energy Development”;

( iv) in paragraph c) of the French version by striking out “et du Développement de l’énergie”.

Fish and Wildlife Act

17 Subsection 1(1) of the Fish and Wildlife Act, chapter F-14.1 of the Acts of New Brunswick, 1980, is amended in the definition “Department” by striking out “and Energy Development”.

Forest Products Act

18 Paragraph 3(1)(d) of the Forest Products Act, chapter 105 of the Revised Statutes, 2012, is amended by striking out “and Energy Development”.

Gas Distribution Act, 1999

19 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; (Ministre)

Regulation under the Oil and Natural Gas Act

20 Subsection 3(3) of New Brunswick Regulation 86-190 under the Oil and Natural Gas Act is amended by striking out “and Energy Development”.

Parks Act

21 Section 1 of the Parks Act, chapter 202 of the Revised Statutes, 2011, is amended in paragraph (b) of the definition “Department” by striking out “and Energy Development”.

Pesticides Control Act

22 Paragraph 4(1)(e) of the Pesticides Control Act, chapter 203 of the Revised Statutes, 2011, is amended by striking out “and Energy Development”.

Petroleum Products Pricing Act

23 Section 1 of the Petroleum Products Pricing Act, chapter P-8.05 of the Acts of New Brunswick, 2006, is amended by repealing the definition “Minister” and substituting the following:

“Minister” means the Minister of Energy. (ministre)

Pipeline Act, 2005

24 Section 1 of the Pipeline Act, 2005, chapter P-8.5 of the Acts of New Brunswick, 2005, is amended by repealing the definition “Minister” and substituting the following:

“Minister” means the Minister of Energy. (ministre)

Regulations under the Procurement Act

25( 1) New Brunswick Regulation 2014-93 under the Procurement Act is amended

(a) in the heading “Department of Natural Resources and Energy Development” preceding section 29 by striking out “and Energy Development”;

(b) in section 29 in the portion preceding paragraph (a) by striking out “and Energy Development”;

( i) by striking out “Department of Natural Resources and Energy Development”;

( ii) by adding the following in alphabetical order:

Department of Energy

Department of Natural Resources

25( 2) Schedule 1 of New Brunswick Regulation 2022-78 under the Procurement Act is amended

(a) by striking out “Department of Natural Resources and Energy Development”;

(b) by adding the following in alphabetical order:

Department of Energy

Department of Natural Resources

Protected Natural Areas Act

26( 1) Subsection 8(1) of the Protected Natural Areas Act, chapter P-19.01 of the Acts of New Brunswick, 2003, is amended

(a) in subparagraph (a)(i) by striking out “and Energy Development” wherever it appears;

(b) in subparagraph (b)(i) by striking out “and Energy Development” wherever it appears;

26( 2) Paragraph 24(2)(a) of the Act is amended by striking out “and Energy Development” wherever it occurs.

Regulation under the Protected Natural Areas Act

27 New Brunswick Regulation 2004-57 under the Protected Natural Areas Act is amended

(a) in paragraph 13(3)(b) by striking out “and Energy Development”;

(b) in paragraph 14(3)(b) by striking out “and Energy Development”;

Public Service Labour Relations Act

28 The First Schedule of the Public Service Labour Relations Act, chapter P-25 of the Revised Statutes, 1973, is amended in Part 1

(a) by striking out “Department of Natural Resources and Energy Development”;

(b) by adding the following in alphabetical order:

Department of Energy

Department of Natural Resources

Quarriable Substances Act

29 Paragraph 39(1)(p) of the Quarriable Substances Act, chapter Q-1.1 of the Acts of New Brunswick, 1991, is amended by striking out “and Energy Development”.

Scalers Act

30 Section 1 of the Scalers Act, chapter 219 of the Revised Statutes, 2011, is amended in the definition “Department” by striking out “and Energy Development”.

Regulation under the Service New Brunswick Act

31 Schedule A of New Brunswick Regulation 2015-64 under the Service New Brunswick Act is amended

(a) in Table 3 by striking out “and Energy Development”;

(b) by adding after Table 3 the following:

Table 3.1 / Tableau 3.1
Department of Energy / Ministère de l’Énergie
- accounts payable services - data and voice network management services - identification card services - information technology application services - information technology architecture services - information technology contract administration services - information technology data centre and infrastructure management services - information technology end-user services - information technology implementation services - information technology security and identity management services - payroll and benefit services - printing services - print optimization services - procurement services - translation services	- services d’applications des technologies de l’information - services d’approvisionnement - services d’architecture des technologies de l’information - services d’imprimerie - services d’optimisation de l’impression - services de gestion de la sécurité des technologies de l’information et de l’identité - services de gestion des contrats de technologies de l’information - services de gestion des réseaux voix et données - services de gestion du centre des données relatives aux technologies de l’information et de l’infrastructure - services de la paie et des avantages sociaux - services de mise en œuvre des technologies de l’information - services de traduction - services des cartes d’identité - services des comptes créditeurs - services des technologies de l’information destinées aux utilisateurs finaux

Species at Risk Act

32( 1) Paragraph 9(1)(b) of the Species at Risk Act, chapter 6 of the Acts of New Brunswick, 2012, is amended by striking out “and Energy Development”.

32( 2) Paragraph 58(c) of the Act is amended by striking out “and Energy Development”.

Regulation under the Transportation of Primary Forest Products Act

33 Subsection 4(1) of New Brunswick Regulation 2002-37 under the Transportation of Primary Forest Products Act is amended by striking out “and Energy Development”.

COMMENCEMENT

Commencement

34 This Act is deemed to have come into force on April 1, 2025.