47

 

 

First Session, 47th General Assembly

61 Elizabeth II, 2012

BILL 47

AN ACT TO AMEND VARIOUS ACTS OF THE
PROVINCE RESPECTING APPOINTMENTS TO
BOARDS, COUNCILS AND TRIBUNALS

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

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

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

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

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

HONOURABLE NICK MCGRATH

Minister of Service Newfoundland and Labrador

Ordered to be printed by the Honourable House of Assembly

  

EXPLANATORY NOTES

This Bill would amend the Acts listed below to

·         provide for staggered appointments to boards, councils and tribunals, making those appointments similar to appointments to disciplinary panels; and

·         allow appointed members to continue in office upon the expiry of their terms until they are reappointed or replaced, where those provisions are not currently included in the Acts.

This Bill would amend the following Acts:

·         Architects Act, 2008;

·         Buildings Accessibility Act;

·         Certified General Accountants Act, 2008;

·         Certified Management Accountants Act;

·         Chartered Accountants Act, 2008;

·         Embalmers and Funeral Directors Act, 2008;

·         Engineers and Geoscientists Act, 2008;

·         Financial Services Appeal Board Act;

·         Occupational Health and Safety Act;

·         Public Accountants Act; and

·         Public Safety Act.

A BILL

AN ACT TO AMEND VARIOUS ACTS OF THE PROVINCE RESPECTING APPOINTMENTS TO BOARDS, COUNCILS AND TRIBUNALS

Analysis


        1.   Short title

              ARCHITECTS ACT, 2008

        2.   S.6 Amdt.
Appointment by minister

              BUILDINGS ACCESSIBILITY ACT

        3.   S.18 Amdt.
Advisory board

        4.   S.20 Amdt.
Appeal tribunal

              CERTIFIED GENERAL ACCOUNTANTS ACT, 2008

        5.   S.4 Amdt.
Appointment by minister

              CERTIFIED MANAGEMENT ACCOUNTANTS ACT

        6.   S.6 Amdt.
Appointment by minister

              CHARTERED ACCOUNTANTS ACT, 2008

        7.   S.5 Amdt.
Appointment by minister

              EMBALMERS AND FUNERAL DIRECTORS ACT, 2008

        8.   S.4 Amdt.
Appointment by minister

              ENGINEERS AND GEOSCIENTISTS ACT, 2008

        9.   S.5 Amdt.
Appointment by minister

              FINANCIAL SERVICES APPEAL BOARD ACT

      10.   S.3 Amdt.
Appeal board

              OCCUPATIONAL HEALTH AND SAFETY ACT

      11.   S.14 Amdt.
Members of council

              PUBLIC ACCOUNTANTS ACT

      12.   S.4 Amdt.
Appointment by minister

              PUBLIC SAFETY ACT

      13.   S.25 Amdt.
Appointment of appeal board

 

 

 

 

 

 

 



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

Short title

        1. This Act may be cited as the Appointments to Boards, Councils and Tribunals Amendment Act.

ARCHITECTS ACT, 2008

SNL2008 cA-15.1
as amended

        2. Section 6 of the Architects Act, 2008 is amended by adding immediately after subsection (7) the following:

             (8)  Notwithstanding subsection (2), at least one half of the members next appointed or reappointed following the commencement of this subsection shall be appointed for a term of 2 years and the remainder for a term of 3 years and all subsequent appointments of members to the board shall be for a term of 3 years.

BUILDINGS ACCESSIBILITY ACT

RSNL1990 cB-10
as amended

        3. (1) Section 18 of the Buildings Accessibility Act is amended by adding immediately after subsection (2) the following:

          (2.1)  Where the term of a member of the board expires, he or she continues to be a member until reappointed or replaced.

             (2)  Section 18 of the Act is amended by adding immediately after subsection (3) the following:

             (4)  Notwithstanding subsection (2), at least one half of the members next appointed or reappointed following the commencement of this subsection shall be appointed for a term of 2 years and the remainder for a term of 3 years and all subsequent appointments of members to the board shall be for a term of 2 years.

 

        4. (1) Section 20 of the Act is amended by adding immediately after subsection (3) the following:

          (3.1)  Where the term of a member of the tribunal expires, he or she continues to be a member until reappointed or replaced.

             (2)  Section 20 of the Act is amended by adding immediately after subsection (4) the following:

             (5)  Notwithstanding subsection (3), at least one half of the members next appointed or reappointed following the commencement of this subsection shall be appointed for a term of 2 years and the remainder for a term of 3 years and all subsequent appointments of members to the tribunal shall be for a term of 2 years.

CERTIFIED GENERAL ACCOUNTANTS
ACT, 2008

SNL2008 cC-6.1
as amended

        5. Section 4 of the Certified General Accountants Act, 2008 is amended by adding immediately after subsection (7) the following:

             (8)  Notwithstanding subsection (2), at least one half of the members next appointed or reappointed following the commencement of this subsection shall be appointed for a term of 2 years and the remainder for a term of 3 years and all subsequent appointments of members to the board shall be for a term of 3 years.

CERTIFIED MANAGEMENT
ACCOUNTANTS ACT

SNL2008 cC-6.2
as amended

        6. Section 6 of the Certified Management Accountants Act is amended by adding immediately after subsection (7) the following:

             (8)  Notwithstanding subsection (2), at least one half of the members next appointed or reappointed following the commencement of this subsection shall be appointed for a term of 2 years and the remainder for a term of 3 years and all subsequent appointments of members to the board shall be for a term of 3 years.

CHARTERED ACCOUNTANTS ACT, 2008

SNL2008 cC-9.1
as amended

        7. Section 5 of the Chartered Accountants Act, 2008 is amended by adding immediately after subsection (7) the following:

             (8)  Notwithstanding subsection (2), at least one half of the members next appointed or reappointed following the commencement of this subsection shall be appointed for a term of 2 years and the remainder for a term of 3 years and all subsequent appointments of members to the board shall be for a term of 3 years.

EMBALMERS AND FUNERAL DIRECTORS ACT, 2008

SNL2008 cE-7.1

        8. Section 4 of the Embalmers and Funeral Directors Act, 2008 is amended by adding immediately after subsection (6) the following:

             (7)  Notwithstanding subsection (2), at least one half of the members next appointed or reappointed following the commencement of this subsection shall be appointed for a term of 2 years and the remainder for a term of 3 years and all subsequent appointments of members to the board shall be for a term of 3 years.

ENGINEERS AND GEOSCIENTISTS ACT, 2008

SNL2008 cE-12.1
as amended

        9. Section 5 of the Engineers and Geoscientists Act, 2008 is amended by adding immediately after subsection (7) the following:

             (8)  Notwithstanding subsection (2), at least one half of the members next appointed or reappointed following the commencement of this subsection shall be appointed for a term of 2 years and the remainder for a term of 3 years and all subsequent appointments of members to the board shall be for a term of 3 years.

FINANCIAL SERVICES APPEAL BOARD ACT

SNL2005 cF-9.1

      10. Section 3 of the Financial Services Appeal Board Act is amended by adding immediately after subsection (6) the following:

             (7)  Notwithstanding subsection (2), at least one half of the members next appointed or reappointed following the commencement of this subsection shall be appointed for a term of 2 years and the remainder for a term of 3 years and all subsequent appointments of members to the board shall be for a term of 3 years.

OCCUPATIONAL HEALTH AND SAFETY ACT

RSNL1990 c0-3
as amended

      11. (1) Section 14 of the Occupational Health and Safety Act is amended by adding immediately after subsection (3) the following:

          (3.1)  Where the term of a member expires, he or she continues to be a member until reappointed or replaced.

             (2)  Section 14 of the Act is amended by adding immediately after subsection (4) the following:

             (5)  Notwithstanding subsection (3), at least one half of the members next appointed or reappointed following the commencement of this subsection shall be appointed for a term of 2 years and the remainder for a term of 3 years and all subsequent appointments of members to the council shall be for a term of 3 years.

PUBLIC ACCOUNTANTS ACT

SNL2009 cP-35.1
as amended

      12. Section 4 of the Public Accountants Act is amended by adding immediately after subsection (8) the following:

             (9)  Notwithstanding subsection (2), at least one half of the members next appointed or reappointed following the commencement of this subsection shall be appointed for a term of 2 years and the remainder for a term of 3 years and all subsequent appointments of members to the board shall be for a term of 3 years.

PUBLIC SAFETY ACT

SNL1996 cP-41.01
as amended

      13. Section 25 of the Public Safety Act is amended by adding immediately after subsection (7) the following:

             (8)  Notwithstanding subsection (3), at least one half of the members next appointed or reappointed following the commencement of this subsection shall be appointed for a term of 2 years and the remainder for a term of 3 years and all subsequent appointments of members to the board shall be for a term of 3 years.