70

 

Second Session, 45th General Assembly

54 Elizabeth II, 2005

BILL 70

AN ACT TO AMEND THE ORDER OF NEWFOUNDLAND
AND LABRADOR ACT

Received and Read the First Time...................................................................................................

Second Reading.................................................................................................................................

Committee............................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE EDWARD J. BYRNE

Government House Leader

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTE

The purpose of this Bill is to amend the Order of Newfoundland and Labrador Act to change the structure of the Order of Newfoundland and Labrador Advisory Council.  The president of Memorial University and the Chief Justice would no longer serve by virtue of their positions and instead, 2 members of the Order of Newfoundland and Labrador would be appointed.

A BILL

AN ACT TO AMEND THE ORDER OF NEWFOUNDLAND AND LABRADOR ACT

Analysis


        1.   S.12 Amdt.
Council established

        2.   Transitional


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2001 cO-7.1
as amended

        1. Subsections 12(1), (2) and (3) of the Order of Newfoundland and Labrador Act are repealed and the following substituted:

Council established

      12. (1) The Order of Newfoundland and Labrador Advisory Council is established consisting of

             (a)  the Clerk of the Executive Council who is a member by virtue of his or her office;

             (b)  2 individuals who are members of the Order who shall be selected and appointed by the Lieutenant-Governor in Council, each for a term of 3 years; and

             (c)  not more than 4 individuals appointed by the Lieutenant-Governor in Council, each for a term of 3 years.

             (2)  The Lieutenant-Governor in Council shall appoint a chairperson from among the members of the council, and in the event that that member cannot act as chairperson, an alternate chairperson.

             (3)  A member of the council appointed under paragraph (1)(b) or (c) is eligible for reappointment for one additional term and, in any event, serves until reappointed or his or her successor is appointed.

          (3.1)  Notwithstanding paragraph (1)(b) and subsection (3), where a member of the Order is not available to serve as a member of the council, the Lieutenant-Governor in Council may appoint a person who is not a member of the Order to the council for the term referred to in paragraph (1)(b) or for the remainder of the term of the member of the Order he or she is replacing.

Transitional

        2. The members of the Order of Newfoundland and Labrador Advisory Council holding office immediately before the coming into force of this Act shall continue to hold office until reappointed or replaced in accordance with subsection 12(1) as enacted by this Act.