The following definitions apply in this Act. 2016, c.37, s.177; 2017, c.20, s.167; 2024, c.28, s.57
“Board” means the board of directors of Service New Brunswick appointed under section 11.(conseil)
“Chief Executive Officer” means the Chief Executive Officer of Service New Brunswick appointed under section 18.(directeur général)
“deputy head” means deputy head as defined in the Civil Service Act.(administrateur général)
“local government body” means a municipality, rural community or regional municipality incorporated or continued under the Local Governance Act.(organisme d’administration locale)
“Minister” means the member of the Executive Council designated by the Lieutenant-Governor in Council as being responsible for Service New Brunswick and includes any person designated by the member to act on the member’s behalf.(ministre)
“personal information” means personal information as defined in the Right to Information and Protection of Privacy Act.(renseignements personnels)
“public body” means a portion of the public service specified in Part 1 or Part 3 of the First Schedule of the Public Service Labour Relations Act.(organisme public)
“public service” means public service as defined in the Public Service Labour Relations Act.(services publics)
There is established a body corporate without share capital called Service New Brunswick.
Service New Brunswick shall consist of those persons who compose the Board.
The head office of Service New Brunswick is at The City of Fredericton.
The objects and purposes of Service New Brunswick are
(a) to provide services to public bodies, local government bodies, other governments, the public and other bodies or persons,
(b) to provide services to the public on behalf of public bodies, local government bodies, other governments and other bodies or persons,
(c) to acquire and maintain the infrastructure needed to support the delivery of services,
(d) to provide products for sale or otherwise to public bodies, local government bodies, other governments, the public and other bodies or persons,
(e) to administer any legislation that it is responsible to administer, and
(f) to carry out any other activities or duties that the Lieutenant-Governor in Council directs.
Subject to this Act and the regulations, Service New Brunswick has the capacity, rights, powers and privileges of a natural person.
Without limiting the generality of subsection (1), Service New Brunswick may
(a) receive, acquire, take, hold, mortgage, sell, convey or otherwise dispose of or deal with real and personal property and any interest in real and personal property,
(b) enter into agreements or arrangements with any person, including the Crown in right of the Province, the Government of Canada, a local government body, another government, or an agency or institution of any government,
(c) exercise any power given to Service New Brunswick under any act or regulation, and
(d) do any other things that are required or authorized by this Act or the regulations or that Service New Brunswick considers necessary or incidental to the attainment of its objects and purposes.
Service New Brunswick shall perform any duty imposed on it under any act or regulation.
Service New Brunswick may delegate in writing any of its powers or duties to the following persons:
(a) the Chair of the Board;
(b) another member of the Board;
(c) an employee of Service New Brunswick; or
(d) a committee of Service New Brunswick established by the by-laws.
In a delegation under subsection (1), Service New Brunswick may impose on the delegate terms and conditions that it considers appropriate.
A delegate to whom this section applies shall comply with the terms and conditions in the delegation.
Service New Brunswick may enter into an agreement or arrangement with a public body to provide a service to the public body.
Service New Brunswick may enter into an agreement or arrangement with a portion of the public service specified in Part 2 or Part 4 of the First Schedule of the Public Service Labour Relations Act to provide a service to that portion of the public service.
A public body prescribed by regulation shall receive from Service New Brunswick any service specified by regulation for that public body.
2017, c.31, s.73
Service New Brunswick may engage a third party to provide, on behalf of Service New Brunswick, any service in relation to which Service New Brunswick has entered into an agreement or arrangement under section 6.
Service New Brunswick may engage a third party to provide, on behalf of Service New Brunswick, any service that a public body is required to receive from Service New Brunswick under section 7.
If Service New Brunswick engages a third party to provide a service under subsection (1) or (2), Service New Brunswick shall enter into a written agreement with that third party with respect to the disclosure, collection and use of information, including personal information, that relates directly to and is necessary for the provision of the service.
An agreement entered into under subsection (3) shall
(a) provide for the protection of personal information against risks, including unauthorized access, use, disclosure or destruction; and
(b) contain any terms, conditions, prohibitions, restrictions or requirements prescribed by regulation relating to the access, use, disclosure or destruction of personal information.
A third party that has been engaged to provide a service by Service New Brunswick shall not disclose any information, including personal information, disclosed to, collected by or used by the third party under this Act except in accordance with an agreement entered into under subsection (3).
An agreement entered into under subsection (3) shall be deemed to be the written agreement required under section 46.2 of the Right to Information and Protection of Privacy Act.
Service New Brunswick is an agent of the Crown in right of the Province.
The Board shall administer the business and affairs of Service New Brunswick, and all decisions and actions of the Board are to be based generally on sound business practices.
For the purpose of administering the business and affairs of Service New Brunswick, the Board may exercise all of the powers of Service New Brunswick.
The Board shall consist of
(a) seven members who are not employed in the public service,
(b) one member who, in the opinion of the Minister of Health, represents Regional Health Authority A,
(c) one member who, in the opinion of the Minister of Health, represents Regional Health Authority B,
(d) three members who are deputy heads, and
(e) the Chief Executive Officer.
A member of the Board referred to in paragraph (1)(a) shall be appointed by the Lieutenant-Governor in Council.
A member of the Board referred to in paragraph (1)(b) or (c) shall be appointed by the Minister on the recommendation of the Minister of Health.
A member of the Board referred to in paragraph (1)(d) shall be appointed by the Minister.
2021, c.13, s.1
A member of the Board referred to in paragraph 11(1)(a) shall hold office at the pleasure of the Lieutenant-Governor in Council for a term not exceeding three years.
Subject to subsection (5), a member of the Board may be reappointed.
Subject to subsection (5), a member of the Board remains in office despite the expiry of his or her term until the member resigns or is reappointed or replaced.
A vacancy on the Board does not impair the capacity of the Board to act.
In the case of the temporary absence or inability to act of a member of the Board referred to in paragraph 11(1)(a), the Lieutenant-Governor in Council may appoint a substitute for the member for the period of the temporary absence or inability to act.
(a) three members shall be appointed for a term of three years,
(b) three members shall be appointed for a term of two years, and
(c) one member shall be appointed for a term of one year.
The members of the Board referred to in subsection (1) shall hold office at the pleasure of the Lieutenant-Governor in Council.
The Lieutenant-Governor in Council shall appoint from among the members of the Board referred to in paragraph 11(1)(a) a Chair and a Vice-Chair, each of whom shall hold office for the term fixed by the Lieutenant-Governor in Council.
The Board shall appoint an employee of Service New Brunswick to be the secretary of the Board who shall perform the duties and functions directed by the Board.
The Board shall meet at least four times in each fiscal year.
A majority of the voting members of the Board constitutes a quorum.
The Board shall ensure that minutes of each of its meetings are taken and that the minutes are approved by the Board and certified to be correct by the secretary of the Board.
2016, c.37, s.177
A member of the Board who is not employed in the public service is entitled to be paid the remuneration fixed by the Lieutenant-Governor in Council.
A member of the Board is entitled to be reimbursed for accommodation, meal and travel expenses reasonably incurred in connection with his or her duties on the Board in accordance with the Treasury Board travel policy guidelines, as amended.
The Chief Executive Officer of Service New Brunswick shall be appointed by the Lieutenant-Governor in Council.
The Chief Executive Officer is entitled to be paid the remuneration fixed by the Lieutenant-Governor in Council.
The Chief Executive Officer is charged with the supervision, operation and control of the business and affairs of Service New Brunswick and may exercise any other powers conferred on him or her by the Board in the by-laws.
The Chief Executive Officer is, by virtue of the office, a non-voting member of the Board.
2016, c.2, s.1; 2016, c.37, s.177
Despite the Financial Administration Act, every subsequent employee of Service New Brunswick, other than the Chief Executive Officer, shall be appointed in accordance with the staff requirements and mode of appointment established by the Board in the by-laws.
Subject to any applicable collective agreement and despite the Financial Administration Act, the remuneration and other conditions of employment of the employees of Service New Brunswick, other than the Chief Executive Officer, and their functions and duties, shall be established by the Board in the by-laws.
An employee of Service New Brunswick is entitled to be reimbursed for accommodation, meal and travel expenses reasonably incurred in connection with his or her duties in accordance with the Treasury Board travel policy guidelines, as amended.
Repealed: 2016, c.2, s.1
A person who is an employee within the meaning of the Civil Service Act may be a candidate in a closed competition in relation to a position with Service New Brunswick and, in relation to a closed competition in which that person is a candidate, has the status of an employee of Service New Brunswick.
The fiscal year of Service New Brunswick begins on April 1 of one year and ends on March 31 in the next year.
The Minister of Finance and Treasury Board shall pay out of the Consolidated Fund to Service New Brunswick, quarterly in advance, in four equal instalments, the annual amount appropriated for the purposes of this Act. 2019, c.29, s.148
Service New Brunswick may charge a public body, a local government body, another government or other body or person for the provision of a service to the public on behalf of the public body, local government body or other government, body or person.
Service New Brunswick may charge a public body, a local government body, another government or other body or person for a service provided to the public body, local government body or other government, body or person.
All money received from the provision of services, products, or otherwise accruing in the administration of an act or regulation that Service New Brunswick is responsible for administering, except money collected on behalf of a public body, a local government body another government or other body or person, shall be paid to Service New Brunswick.
2016, c.37, s.177; 2021, c.44, s.55
Subject to subsection (2), Service New Brunswick may on an annual basis charge local government bodies, and the Crown in right of the Province on behalf of rural districts, for the property assessment services that are performed by Service New Brunswick on behalf of the local government bodies and rural districts.
On or before October 1 of each year or as soon as practicable after that date, Service New Brunswick shall,
(a) subject to the approval of the Treasury Board, establish the total amount to be charged to local government bodies, and to the Crown in right of the Province on behalf of rural districts, in the following year, and
(b) determine, from the total amount established under paragraph (a), the amount to be charged to each local government body, and to the Crown in right of the Province on behalf of each rural district, in the following year.
On or before April 1 of each year, Service New Brunswick shall
(a) send to each local government body an invoice indicating the amount determined under paragraph (2)(b) in relation to that local government body, and
(b) send to the Department of Environment and Local Government on behalf of the Crown in right of the Province an invoice indicating the amount determined under paragraph (2)(b) in relation to each rural district.
The amount indicated on an invoice under subsection (3) is a debt due and payable to Service New Brunswick by the local government body named in the invoice or by the Crown in right of the Province, as the case may be.
If any portion of the amount indicated on an invoice under subsection (3) remains outstanding after 60 days after the date of the invoice, a penalty is payable on the outstanding amount at the rate applied to determine the penalty payable under subsection 10(3) of the Real Property Tax Act.
The remuneration and expenses of the members of the Board, the Chief Executive Officer and other employees of Service New Brunswick and all costs, charges and expenses incurred and payable in respect of the conduct of the business and affairs of Service New Brunswick shall be paid by Service New Brunswick.
2019, c.29, s.148
Service New Brunswick shall maintain in its own name one or more accounts in a bank, trust company or credit union designated by the Minister of Finance and Treasury Board for the purposes of subsection 17(1) of the Financial Administration Act.
Despite the Financial Administration Act, but subject to subsection 23(3), all money received by Service New Brunswick through the conduct of its operations or otherwise is to be deposited to the credit of the account or accounts established under subsection (1) and shall be administered by Service New Brunswick exclusively in the exercise and performance of its powers, duties and functions.
2019, c.29, s.148
Service New Brunswick may, with the approval of the Minister of Finance and Treasury Board, borrow money from and make arrangements with any chartered bank for loans or money overdrafts and may mortgage the lands and other assets of Service New Brunswick to secure those loans.
The Lieutenant-Governor in Council may from time to time and on the terms and conditions that the Lieutenant-Governor in Council considers expedient, authorize the guarantee by the Minister of Finance and Treasury Board, on behalf of the Crown in right of the Province, of the repayment of all money borrowed by Service New Brunswick under this section, and that guarantee, when given, renders the Crown in right of the Province liable for the repayment of the money borrowed.
The Minister of Finance and Treasury Board may advance out of the Consolidated Fund the sums that are necessary for the purpose of discharging, in whole or in part, all or any liabilities of Service New Brunswick guaranteed under subsection (2), and all sums advanced are to be repaid by Service New Brunswick in the amounts and at the times determined by the Minister of Finance and Treasury Board and, until paid, bear interest at a rate determined by the Minister of Finance and Treasury Board.
2019, c.29, s.148
Despite the Financial Administration Act, but subject to subsection (2), Service New Brunswick may hold funds over any fiscal year, whether received from the Consolidated Fund or from another source.
The Minister of Finance and Treasury Board may direct that any funds that would otherwise be held over be paid into the Consolidated Fund.
2016, c.37, s.177
Before April 1 of each year, the Board shall prepare and submit to the Treasury Board a proposed budget containing the estimates of the amounts required for the operation of Service New Brunswick for the next fiscal year, and the budget shall include a provision for any loans and advances required by Service New Brunswick.
Within 30 days after receiving the budget, the Secretary to Treasury Board may make a report on the budget containing the recommendations that the Secretary considers appropriate to the Chair of the Board.
If in any fiscal year it appears that the actual revenue or expenditure of Service New Brunswick is likely to be substantially greater or less than estimated in its budget, the Board shall submit to Treasury Board a revised budget containing the particulars required under subsection (1).
The financial statements of Service New Brunswick shall be audited at least once a year by an auditor appointed by the Board, and may be audited by the Auditor General at his or her initiative or on the request of the Lieutenant-Governor in Council.
Within six months after the end of the fiscal year, Service New Brunswick shall submit to the Minister an annual report, containing audited financial statements for the fiscal year, in the form that the Minister requires.
The Minister shall lay the report before the Legislative Assembly if it is in session or, if it is not in session, at the next ensuing session.
Service New Brunswick may coordinate geographic information services and establish standards for the collection, storage and dissemination of geographic information in the Province.
In addition to any other by-laws authorized or required to be made under this Act and subject to this Act, the Board may make by-laws for the control and management of the business and affairs of Service New Brunswick, including, but not limited to, by-laws respecting
(a) the establishment, composition, operation and dissolution of committees of the Board, and
(b) the time and place for the holding of meetings of the Board or of a committee of the Board and the procedure at the meetings.
The Board shall make by-laws establishing the policy of Service New Brunswick in respect of situations considered by the Board to constitute an actual or potential conflict of interest pertaining to members of the Board, including, but not limited to, the circumstances that constitute an actual or potential conflict of interest, the disclosure of the actual or potential conflict of interest and the manner in which it is to be dealt with.
A by-law made under this Act other than a by-law referred to in subsection (3) is ineffective until it has been approved by the Minister.
The Regulations Act does not apply to a by-law made under this Act.
2017, c.63, s.63
Subject to any provision in another Act, other than in the Right to Information and Protection of Privacy Act, that prohibits or limits the disclosure of information, a public body that is required to receive a service under section 7 shall disclose to Service New Brunswick or to an employee of Service New Brunswick any information, including personal information, that the public body has collected that relates directly to and is necessary for the provision of the service.
Subject to any provision in another Act, other than in the Right to Information and Protection of Privacy Act, that prohibits or limits the disclosure of information, any body or person that enters into an agreement or arrangement with Service New Brunswick under section 6 to receive a service from Service New Brunswick, shall disclose to Service New Brunswick any information, including personal information, that the body or person has collected that relates directly to and is necessary for the provision of the service.
Subject to any provision in another Act, other than in the Right to Information and Protection of Privacy Act, that prohibits or limits the disclosure of information, when the Secretary to Treasury Board delegates to Service New Brunswick any of its powers or functions under the Civil Service Act, the Secretary to Treasury Board shall disclose to Service New Brunswick any information, including personal information, that the Treasury Board has collected that relates directly to and is necessary for the purposes of the delegation.
For the purpose of providing a service, Service New Brunswick or an employee of Service New Brunswick may collect directly or indirectly, from any person, information, including personal information, that relates directly to and is necessary for the provision of the service.
Subject to any provision in another Act, other than in the Right to Information and Protection of Privacy Act, that prohibits or limits the disclosure of information, a public body that is required to receive a service under section 7 shall disclose to a third party engaged to provide that service on behalf of Service New Brunswick, or to an employee of that third party, any information, including personal information, that the public body has collected that relates directly to and is necessary for the provision of the service.
Subject to any provision in another Act, other than in the Right to Information and Protection of Privacy Act, that prohibits or limits the disclosure of information, any body or person that enters into an agreement or arrangement with Service New Brunswick under section 6 to receive a service from Service New Brunswick shall disclose to a third party engaged to provide that service on behalf of Service New Brunswick, or to an employee of that third party, any information, including personal information, that the body or person has collected that relates directly to and is necessary for the provision of the service.
A third party engaged to provide a service on behalf of Service New Brunswick, or an employee of that third party, may collect directly or indirectly, from any person, information, including personal information, that relates directly to and is necessary for the provision of the service.
Service New Brunswick or an employee of Service New Brunswick is authorized to disclose to a public body or to another body or person, information, including personal information, that relates directly to and is necessary for a service that Service New Brunswick is providing to or on behalf of the public body or to or on behalf of the other body or person, as the case may be.
Service New Brunswick or an employee of Service New Brunswick is authorized to disclose to a third party engaged to provide a service on behalf of Service New Brunswick, information, including personal information, that relates directly to and is necessary for the service that the third party has been engaged to provide.
No action, application or other proceeding lies or shall be instituted against any of the following persons in relation to anything done or purported to be done in good faith or in relation to anything omitted in good faith, under this Act by the person:
(a) the Chief Executive Officer or a former Chief Executive Officer;
(b) any other member or former member of the Board; and
(c) any employee or former employee of Service New Brunswick.
The following persons shall be indemnified by the Crown in right of the Province against all costs, charges and expenses incurred by him or her in relation to any action, application or other proceeding brought against him or her in connection with the duties of the person and with respect to all other costs, charges and expenses that he or she incurs in connection with those duties, except costs, charges and expenses that are occasioned by that person’s wilful neglect or wilful default:
(a) the Chief Executive Officer or a former Chief Executive Officer;
(b) any other member or former member of the Board; and
(c) any employee or former employee of Service New Brunswick.
The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.
The Lieutenant-Governor in Council may make regulations
(a) prescribing public bodies for the purpose of section 7;
(b) specifying services for the purpose of section 7;
(c) governing the content of agreements entered into under section 8, which may vary for different persons or classes of persons, including
(i) prescribing terms and conditions of the agreements,
(ii) establishing requirements relating to the access to, use of and destruction of personal information,
(iii) limiting or prohibiting access to, use of and destruction of personal information,
(iv) regulating the disclosure of information, including personal information, for the purpose of subsection 8(5);
(d) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(e) governing any matter that the Lieutenant-Governor in Council considers necessary for the administration of this Act.
“Board” means the board of directors of FacilicorpNB Ltd./Ltée.(conseil)
“approved parcel identifier” means an approved parcel identifier as defined in the Land Titles Act.(numéro d’identification approuvé)
“Chief Registrar of Deeds” means the Chief Registrar of Deeds appointed under the Registry Act.(conservateur en chef des titres de propriété)
“instrument record” means instrument record as defined in the Land Titles Act.(registre des instruments)
“land titles office” means a land titles office as defined in the Land Titles Act.(bureau d’enregistrement foncier)
“register” (enregistrer)
(a) in paragraph (5)(a) means register as defined in the Land Titles Act, and
(b) in paragraph (5)(b) means register within the meaning of the Registry Act.
“registrar” (registrateur)
(a) in paragraph (5)(a) means registrar as defined in the Land Titles Act, and
(b) in paragraph (5)(b) means registrar as defined in the Registry Act.
“Registrar General” means Registrar General as defined in the Land Titles Act.(registrateur général)
“Board” means the board of directors of the New Brunswick Internal Services Agency.(conseil d’administration)
“President” means the President of the New Brunswick Internal Services Agency.(personne qui assure la présidence)
“Board” means the board of directors of the former Service New Brunswick.(conseil d’administration)
“President” means the President of the former Service New Brunswick.(président)
(i) by striking out
(ii) by adding the following in alphabetical order:
(i) by striking out
(ii) by striking out
(i) by striking out
(ii) by striking out