The following definitions apply in this Act. 2013, c.44, s.15; 2023, c.17, s.62
“Board” means the board of directors of the Corporation.(conseil)
“community inclusion network” means a group that is recognized by the Corporation to implement the objectives of the Provincial Plan that are set out in its local plan within a prescribed geographic area.(réseau communautaire d’inclusion)
“Corporation” means a body corporate established under section 5 under the corporate name New Brunswick Economic and Social Inclusion Corporation.(Société)
“Crown” means the Crown in right of the Province.(Couronne)
“economic and social inclusion” means the ability of a person to participate fully in the economic and social activities of society.(inclusion économique et sociale)
“Minister” means the member of the Executive Council assigned responsibility for the administration of this Act.(ministre)
“poverty” means the condition of a person who lacks the resources, means, opportunities and power necessary to acquire and maintain economic self-sufficiency or to integrate into and participate in society.(pauvreté)
“President” means the President of the Corporation.(président)
“Provincial Plan” means the plan entitled “Overcoming Poverty Together: The New Brunswick Economic and Social Inclusion Plan” that was adopted on November 13, 2009.(plan provincial)
“public service” means the departments, boards, commissions, corporations, agencies and educational institutions whose employees are members of the pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions.(services publics)
The Minister shall make the Provincial Plan available to the public by posting it on the Government of New Brunswick website and by making it available for viewing during normal business hours at the Minister’s office and the Corporation’s head office.
The vision of the Provincial Plan is as follows:
The global objective of the Provincial Plan is as follows:
There is established a body corporate to be known as the New Brunswick Economic and Social Inclusion Corporation consisting of those persons who comprise the Board.
The head office of the Corporation is at The City of Fredericton.
The objects and purposes of the Corporation are
(a) to lead the implementation and evaluation of the Provincial Plan and the development and adoption of other Economic and Social Inclusion Plans,
(b) to coordinate and support community inclusion networks in the development of their local plans and in the implementation of the objectives of the Provincial Plan set out in their local plans,
(c) to manage the Economic and Social Inclusion Fund established under section 29, and
(d) to carry out the other activities or duties authorized or required by this Act or the regulations or directed by the Lieutenant-Governor in Council.
Subject to this Act, the Corporation has, in respect of its objects and purposes, the capacity, rights, powers and privileges of a natural person.
The Corporation is an agent of the Crown.
The Corporation may contract in its corporate name without specific reference to the Crown.
The Board shall administer the business and affairs of the Corporation and all decisions and actions of the Board are to be based generally on sound business practice.
The Board shall consist of
(a) four Vice-Chairs
(i) one of whom is a Minister of the Crown designated by the Lieutenant-Governor in Council, and
(ii) three of whom are appointed by the Lieutenant-Governor in Council as follows:
(b) three Ministers of the Crown designated by the Lieutenant-Governor in Council,
(c) the Leader of the Opposition or his or her representative,
(d) thirteen members who are, on the recommendation of the majority of the 4 Vice-Chairs, appointed by the Lieutenant-Governor in Council as follows:
(i) three representatives of the business sector;
(ii) three representatives of the non-profit sector; and
(iii) seven who live in or have lived in poverty, and
(e) the President.
In the event of a tie concerning a recommendation under paragraph (1)(d), the Chair shall cast the deciding vote.
The members of the Board appointed under subparagraph 11(1)(a)(ii) and paragraph 11(1)(d) shall be appointed for a term not exceeding 4 years and shall not be appointed for more than 2 consecutive terms.
A member of the Board appointed under subparagraph 11(1)(a)(ii) or paragraph 11(1)(d) may be removed by the Lieutenant-Governor in Council.
Despite subsection (1) and subject to subsection (2), a member of the Board appointed under subparagraph 11(1)(a)(ii) or paragraph 11(1)(d) remains in office until the member resigns or is reappointed or replaced.
If a vacancy occurs on the Board, the Lieutenant-Governor in Council shall, on the recommendation of the Board, appoint a person to fill the vacancy for the balance of the term of the member replaced.
A position on the Board is considered to be vacant when a member is declared by the Board to have failed to attend 3 regular meetings in a 12 month period without reasonable cause.
In the case of the temporary absence or inability to act of a member of the Board, the Lieutenant-Governor in Council shall appoint a substitute for the member for the period of the temporary absence or inability to act.
A vacancy on the Board does not impair the capacity of the Board to act.
The position of Chair shall rotate, in turn, among the 4 Vice-Chairs in the following order:
(a) the Vice-Chair who represents the non-profit sector;
(b) the Vice-Chair who lives in or has lived in poverty;
(c) the Vice-Chair who represents the business sector;
(d) the Vice-Chair who is the Minister of the Crown designated by the Lieutenant-Governor in Council.
The Chair shall hold office as Chair for a term of one year, or, if his or her term as a member of the Board expires during his or her one year term as Chair, until the expiry of his or her term as a member of the Board.
Despite subsection (2), the Chair remains in office until the Chair resigns or is reappointed or replaced.
If a vacancy occurs in the office of the Chair, the person appointed under subsection 12(4) shall replace the Chair for the balance of the one year term.
In the case of the temporary absence or inability to act of the Chair, the person appointed under subsection 12(6) shall act as the substitute for the Chair for the period of temporary absence or inability to act.
2016, c.37, s.49
The members of the Board shall serve without salary, but those members of the Board appointed under subparagraph 11(1)(a)(ii) and paragraph 11(1)(d) are entitled to be paid the daily allowance that is fixed by the by-laws of the Corporation.
Each member of the Board is entitled to be paid for travelling and living expenses incurred by the member in the performance of his or her duties in accordance with the travel policy guidelines of the Treasury Board.
A majority of the members of the Board constitute a quorum and a quorum shall include the following members:
(a) the Chair or a Vice-Chair;
(b) a Minister of the Crown;
(c) a representative of the business sector;
(d) a representative of the non-profit sector; and
(e) a person who lives in or has lived in poverty.
The Board shall appoint an employee of the Corporation to be the secretary of the Board who shall perform the duties and functions directed by the Board.
The Board may hold its meetings at any place in the Province.
The Board shall meet at least 3 times in each fiscal year, on the dates and at the times and places designated by the Chair or otherwise determined in accordance with the by-laws of the Corporation.
A member of the Board may participate in a meeting of the Board by means of telephone or other communication facilities that permit all persons participating in the meeting to communicate verbally with one another, and a member participating in a meeting by those means shall be deemed to be present at that meeting.
The Board shall ensure that minutes of each meeting are taken and that the minutes are approved by the Board and certified to be correct by the secretary of the Board.
A certified copy of the minutes shall be submitted to the Minister after each meeting.
The Board may make by-laws for the control and management of the business and affairs of the Corporation.
The Regulations Act does not apply to a by-law made under subsection (1).
2013, c.44, s.15
The Lieutenant-Governor in Council shall appoint a President who shall be the chief executive officer of the Corporation.
Subject to the direction of the Board, the President is responsible for the general direction, supervision and control of the business and affairs of the Corporation and may exercise the other powers that may be conferred on the President by the by-laws of the Corporation.
The President is, by virtue of his or her office, a member of the Board.
The President may be removed by the Lieutenant-Governor in Council.
The President is entitled to be paid the remuneration that the Lieutenant-Governor in Council determines unless the person appointed as President holds concurrently another full-time position in the public service.
The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the President.
2013, c.44, s.15
Subject to sections 5 and 6 of the Financial Administration Act, the Corporation may appoint employees.
The employees of the Corporation shall be appointed on the basis of merit.
The Civil Service Act does not apply to the employees of the Corporation.
The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the employees of the Corporation.
2013, c.44, s.15
A person who is employed in the public service may be transferred or seconded to the Corporation on the terms and conditions that the Corporation may negotiate.
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 the Corporation and, in relation to a closed competition in which that person is a candidate, has the status of an employee of the Corporation.
The fiscal year of the Corporation begins on April 1 of one year and ends on March 31 in the next year.
2016, c.37, s.49
The Board shall, not later than December 31 in each year, submit a proposed budget to the Treasury Board containing the estimates of the amounts required for the operation of the Corporation and for distribution to community inclusion networks for the next fiscal year.
If in any fiscal year it appears that the actual revenue or expenditure of the Corporation is likely to be substantially greater or less than estimated in its budget, the Board shall submit a revised budget to the Treasury Board containing the particulars required under subsection (1).
The Minister of Finance and Treasury Board shall in each year pay out of the Consolidated Fund to the Corporation the amount appropriated for the operation of the Corporation and for distribution to community inclusion networks. 2019, c.29, s.42
The Corporation may acquire funds and real or personal property for the purposes of this Act by gift, donation or bequest.
All property, whether real or personal, acquired for the purposes of this Act shall be sold by the Corporation in its corporate name.
Despite the Financial Administration Act, the Corporation may hold funds over any fiscal year, whether received from the Consolidated Fund or from any other source.
Within 3 months after the end of each fiscal year, the Board shall prepare audited financial statements and submit them to the Minister of Finance and Treasury Board. 2019, c.29, s.42
Within 6 months after the end of each fiscal year, the Board shall submit an annual report to the Minister in the form that the Minister may require containing
(a) a report on all the meetings conducted by the Board during the fiscal year,
(b) the auditor’s report, and
(c) any other information required by the Minister in respect of the business and affairs of the Corporation during the fiscal year.
The Minister shall lay the report before the Legislative Assembly if it is in session or, if not, at the next ensuing session.
2019, c.29, s.42
The Corporation shall establish in a chartered bank, trust company or credit union designated by the Minister of Finance and Treasury Board a fund to be known as the Economic and Social Inclusion Fund.
The following are payable out of the Economic and Social Inclusion Fund:
(a) the remuneration and expenses of the President, the other members of the Board, the employees of the Corporation and the experts appointed by the Corporation under section 39, and generally all costs, charges and expenses incurred and payable in respect of the conduct of the business and affairs of the Corporation; and
(b) the funds distributed by the Corporation to community inclusion networks to help them implement the objectives of the Provincial Plan set out in their local plans.
The Economic and Social Inclusion Fund shall be audited at least once a year by an auditor appointed by the Corporation, and may be audited by the Auditor General at any time on his or her initiative or on the request of the Lieutenant-Governor in Council.
The Corporation may recognize a group as a community inclusion network if the group
(a) submits a local plan to the Corporation containing the information prescribed by regulation, and
(b) meets the criteria, if any, prescribed by regulation.
The Corporation may recognize a maximum of 20 community inclusion networks and each community inclusion network shall operate within a prescribed geographic area.
The Corporation shall distribute funds from the Economic and Social Inclusion Fund to community inclusion networks for the purposes of helping them implement the objectives of the Provincial Plan set out in their local plans.
A community inclusion network shall administer and use the funds received from the Corporation exclusively to implement the objectives of the Provincial Plan set out in its local plan.
Within 3 months after the end of each fiscal year, a community inclusion network shall submit an annual report to the Corporation in the form that the Corporation may require concerning the administration and use of funds received from the Corporation during the fiscal year.
A community inclusion network shall, every 2 years, submit a revised local plan to the Corporation containing the information prescribed by regulation.
The Corporation may suspend or cancel the recognition of a group recognized as a community inclusion network on any ground prescribed by regulation.
The Corporation shall, on the request of the Minister, provide the Minister with information in respect of the business and affairs of the Corporation.
The Corporation shall make by-laws concerning the establishment of progress indicators.
The Corporation shall, with the help of progress indicators, monitor and measure the progress of the implementation of the Provincial Plan.
The Corporation may appoint an expert to assist the Corporation with
(a) establishing progress indicators, and
(b) monitoring and measuring the progress of the implementation of the Provincial Plan.
An expert appointed under subsection (1) shall be paid the remuneration and expenses that are determined by the Corporation.
The Corporation shall, every 2 years, submit a report to the Minister concerning the progress of the implementation of the Provincial Plan.
The Minister shall lay the progress report before the Legislative Assembly if it is in session or, if not, at the next ensuing session.
The Minister shall make the progress report available to the public by posting it on the Government of New Brunswick website.
A new Economic and Social Inclusion Plan shall be adopted every 5 years through a public engagement process lead by the Corporation.
The progress reports submitted by the Corporation shall be taken into consideration when developing and adopting each Economic and Social Inclusion Plan.
Each Economic and Social Inclusion Plan shall include:
(a) a vision statement;
(b) objectives;
(c) initiatives designed to promote economic and social inclusion;
(d) priority actions; and
(e) provisions relating to the progress indicators to be used to monitor and measure the progress of the implementation of the Economic and Social Inclusion Plan.
No action lies for damages or otherwise 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 Corporation;
(b) the President or a former President;
(c) any other member or former member of the Board;
(d) any employee or former employee of the Corporation;
(e) any person appointed under this Act; and
(f) any person acting under or who has acted under the authority of this Act.
The following persons shall be indemnified against all costs, charges and expenses incurred by him or her in relation to any action or other proceeding brought or prosecuted 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 own wilful neglect or wilful default:
(a) the President or a former President;
(b) any other member or former member of the Board;
(c) any employee or former employee of the Corporation;
(d) any person appointed under this Act;
(e) any person acting under or who has acted under the authority of this Act; and
(f) the heirs and legal representatives of the persons referred to in this section.
The Corporation shall make by-laws establishing the policy of the Corporation in respect of situations considered by the Corporation to constitute an actual or potential conflict of interest pertaining to the members of the Board and the employees of the Corporation, including 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.
The Lieutenant-Governor in Council may make regulations
(a) prescribing activities or duties for the purposes of paragraph 7(d);
(b) prescribing the criteria for recognition as a community inclusion network;
(c) respecting the information required to be contained in local plan;
(d) prescribing a geographic area for the purposes of section 32;
(e) prescribing the grounds on which the Corporation may suspend or cancel the recognition of a group as a community inclusion network;
(f) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(g) respecting any matter that the Lieutenant-Governor in Council considers necessary for the administration of this Act.