2018-c.4 Cannabis Education and Awareness Fund Act N.B.

Current to 2024-06-27

Contents
s. 1 — Definitions

The following definitions apply in this Act. 2019, c.29, s.20; 2024, c.28, s.9

s. 1 — advisory-committee

“advisory committee” means the cannabis advisory committee established under section 5.(comité consultatif)

s. 1 — cannabis

“cannabis” means cannabis as defined in the Cannabis Management Corporation Act and includes(cannabis)

s. 1(a) — Definitions

(a) a thing referred to in Schedule 2 of the Cannabis Act (Canada),

s. 1(b) — Definitions

(b) dried cannabis as defined in the Cannabis Act (Canada) and any other class of cannabis,

s. 1(c) — Definitions

(c) a cannabis accessory as defined in the Cannabis Act (Canada), and

s. 1(d) — Definitions

(d) a service related to cannabis.

s. 1 — fund

“Fund” means the Cannabis Education and Awareness Fund established under section 2.(Fonds)

s. 1 — minister

“Minister” means the member of the Executive Council designated by the Lieutenant-Governor to administer this Act and includes any person designated by the member to act on the member’s behalf.(ministre)

s. 2 — Establishment and administration of Fund
s. 2(1) — Establishment and administration of Fund

There is established a fund named the Cannabis Education and Awareness Fund.

s. 2(2) — Establishment and administration of Fund

The Minister shall be the custodian of the Fund.

s. 2(3) — Establishment and administration of Fund

Payments into the Fund shall be made in accordance with the Cannabis Management Corporation Act.

s. 2(4) — Establishment and administration of Fund

All payments out of the Fund made for the purposes of section 3 shall be a charge on and payable out of the Fund.

s. 2(5) — Establishment and administration of Fund

Payments out of the Fund shall not exceed an amount that represents the contributions made to the Fund and accumulated interest.

s. 2(6) — Establishment and administration of Fund

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

s. 2(7) — Establishment and administration of Fund

The Minister shall pay the costs of administering this Act by payments out of the Fund.

s. 2(8) — Establishment and administration of Fund

All interest arising from the Fund shall be paid into and form part of the Fund.

s. 2(9) — Establishment and administration of Fund

All amounts remaining in the Fund at the end of a fiscal year are carried forward to the next fiscal year.

s. 2(10) — Establishment and administration of Fund

The Minister may invest the money in the Fund in the manner authorized by the Trustees Act and may invest in securities issued under the Provincial Loans Act.

s. 3 — Use of assets of Fund

The assets of the Fund shall be used for the following purposes:

s. 3(a) — Use of assets of Fund

(a) funding education and awareness programs related to cannabis, including programs concerning

s. 3(a)(i) — Use of assets of Fund

(i) the prevention of cannabis abuse,

s. 3(a)(ii) — Use of assets of Fund

(ii) the responsible use of cannabis, and

s. 3(a)(iii) — Use of assets of Fund

(iii) strategies for the reduction of the adverse health effects of cannabis;

s. 3(b) — Use of assets of Fund

(b) the development and implementation of policies and programs relating to the responsible consumption of cannabis and reduction of its adverse health effects and the promotion of corporate social responsibility in the distribution and sale of cannabis;

s. 3(c) — Use of assets of Fund

(c) funding for research projects on cannabis and its consumption; and

s. 3(d) — Use of assets of Fund

(d) reimbursement of costs of initiatives undertaken by any individual or organization, or any department, corporation or agency of the government of the Province that are related to the purposes set out in paragraphs (a), (b) and (c).

s. 4 — Application for funding or reimbursement of costs
s. 4(1) — Application for funding or reimbursement of costs

For the purposes of section 3, the Minister may make payments out of the Fund, subject to any restrictions or conditions prescribed by regulation.

s. 4(2) — Application for funding or reimbursement of costs

The Minister may, after consulting with the advisory committee, remit sums from the Fund to any individual or organization, or any department, corporation or agency of the government of the Province that has made an application in accordance with this Act.

s. 4(3) — Application for funding or reimbursement of costs

An application for funding or reimbursement of costs shall be made in a form and in the manner determined by the Minister.

s. 5 — Advisory Committee
s. 5(1) — Advisory Committee

To advise the Minister on matters relating to the use of the assets of the Fund referred to in section 3, the Minister shall appoint a cannabis advisory committee consisting of seven members as follows:

s. 5(1)(a) — Advisory Committee

(a) the Chair of the board of directors of the Cannabis Management Corporation or his or her delegate, who shall be the Chair of the committee;

s. 5(1)(b) — Advisory Committee

(b) the chief medical officer of health;

s. 5(1)(c) — Advisory Committee

(c) two senior civil servants; and

s. 5(1)(d) — Advisory Committee

(d) three representatives of non-governmental organizations with an interest in the purposes for which the assets of the Fund are used.

s. 5(2) — Advisory Committee

The Lieutenant-Governor in Council shall fix the remuneration of a member of the advisory committee who does not hold a full-time position in the Public Service as defined in the Public Service Labour Relations Act.

s. 5(3) — Advisory Committee

A member of the advisory committee is entitled to be reimbursed for accommodation, meal and travel expenses reasonably incurred in connection with his or her duties on the advisory committee in accordance with the Treasury Board travel policy guidelines, as amended.

s. 5(4) — Advisory Committee

A majority of the members of the advisory committee constitutes a quorum.

s. 5(5) — Advisory Committee

The advisory committee shall consider each application for funding or reimbursement of costs and shall make its recommendation to the Minister within a reasonable time.

s. 5(6) — Advisory Committee

A recommendation of the advisory committee shall be decided by majority vote, and in the event of a tie, the Chair shall have the deciding vote.

s. 5(7) — Advisory Committee

The Minister is not bound by a recommendation of the advisory committee.

s. 5(8) — Advisory Committee

If the Minister rejects an application for funding or reimbursement of costs, the Minister shall notify the person submitting the application of his or her decision in writing as soon as the circumstances permit, but the Minister is not required to give reasons for refusing to act on an application nor to disclose the recommendation of the advisory committee.

s. 5(9) — Advisory Committee

A decision of the Minister with respect to an application for funding or reimbursement of costs is final and conclusive and may not be questioned or reviewed in any court.

s. 6 — Certification of costs
s. 6(1) — Certification of costs

Certification of costs incurred by an individual or an organization for an initiative referred to in section 3 shall be made in a form and in the manner determined by the Minister.

s. 6(2) — Certification of costs

When the minister responsible for a department, a Crown corporation or a government agency certifies the costs incurred for an initiative referred to in section 3 to the Minister, the Minister may rely on the costs so certified.

s. 7 — Regulations

The Lieutenant-Governor in Council may make regulations

s. 7(a) — Regulations

(a) prescribing restrictions and conditions under which the Minister may make payments out of the Fund for the purposes of subsection 4(1);

s. 7(b) — Regulations

(b) defining words or expressions used, but not defined, in this Act;

s. 7(c) — Regulations

(c) respecting any other matter that may be necessary for the proper administration of this Act.

s. 8 — Commencement
s. 8(1) — Commencement
s. 8(2) — Commencement