27

 

 

First Session, 48th General Assembly

65 Elizabeth II, 2016

BILL 27

AN ACT TO AMEND THE LAW RESPECTING STATUTORY OFFICES OF THE HOUSE OF ASSEMBLY

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

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

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

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

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

HONOURABLE ANDREW PARSONS

Government House Leader

Ordered to be printed by the Honourable House of Assembly

 

 

EXPLANATORY NOTES

This Bill would  

·         amend the Auditor General Act, the Child and Youth Advocate Act, the Citizens' Representative Act, the Elections Act, 1991 and the House of Assembly Act to standardize provisions relating to the manner of appointment, term of office, removal, suspension and salary of statutory officers appointed under those Acts; and

·         amend the Access to Information and Protection of Privacy Act, 2015 to make the provisions relating to the salary of the Information and Privacy Commissioner consistent with the salary provisions of other statutory officers.


A BILL

AN ACT TO AMEND THE LAW RESPECTING STATUTORY OFFICES OF THE HOUSE OF ASSEMBLY

Analysis


        1.   Short title

              ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT, 2015

        2.   S.90 Amdt
Salary, pension and benefits

              AUDITOR GENERAL ACT

        3.   Ss.3 to 8 R&S
3.     Office of auditor
        general
4.     Appointment of                    auditor general
4.1   Status of auditor                   general
5.     Term of office
6.     Removal or suspension
6.1   Suspension when                 House of Assembly not        sitting
7.     Acting auditor general
8.     Salary, pension and              benefits

              CHILD AND YOUTH ADVOCATE ACT

        4.   Ss.4 to 9 R&S
4.     Appointment of
        Child and Youth
        Advocate
5.     Status of advocate
6.     Term of office
7.     Removal or suspension
8.     Suspension when                 House of Assembly not        sitting
8.1   Acting advocate
9.     Salary, pension and              benefits

              CITIZENS' REPRESENTATIVE ACT

        5.   Ss.3 to 8 R&S
3.     Appointment of
        Citizens'
        Representative
4.     Status of Citizens'
        Representative
5.     Term of office
6.     Removal or suspension
7.     Suspension when
        House of Assembly not        sitting
7.1   Acting Citizens'
        Representative
8.     Salary, pension and
        benefits

              ELECTIONS ACT, 1991

        6.   Ss.4 to 6 R&S
4.     Appointment of
        Chief Electoral Officer
5.     Duties of Chief
        Electoral Officer
5.1   Status of Chief
        Electoral Officer
5.2   Term of office
5.3.  Removal or suspension
5.4   Suspension when
        House of Assembly not
        sitting
5.5   Acting Chief Electoral
        Officer
6.     Salary, pension and
        benefits

               HOUSE OF ASSEMBLY ACT

        7.   S.34 R&S
Commissioner

 

        8.   Commencement


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 Statutory Offices of the House of Assembly Amendment Act.

ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT, 2015

SNL2015 cA-1.2

        2. Subsections 90(1) and (2) of the Access to Information and Protection of Privacy Act, 2015 are repealed and the following substituted:

Salary, pension and benefits

      90. (1) The commissioner shall be paid a salary fixed by the Lieutenant-Governor in Council after consultation with the House of Assembly Management Commission.

             (2)  The salary of the commissioner shall not be reduced except on resolution of the House of Assembly.

AUDITOR GENERAL ACT

SNL1991 c22
as amended

        3. Sections 3 to 8 of the Auditor General Act are repealed and the following substituted:

Office of auditor general

        3. The Office of the Auditor General is established.

Appointment of auditor general

        4. On resolution of the House of Assembly, the Lieutenant-Governor in Council shall appoint a qualified auditor as Auditor General of Newfoundland and Labrador.

Status of auditor general

      4.1 (1) The auditor general is an officer of the House of Assembly and is not eligible to be nominated for election, to be elected or to sit as a member of the House of Assembly.

             (2)  The auditor general shall not hold another public office or carry on a trade, business or profession.

Term of office

        5. (1) Unless he or she sooner resigns, dies or is removed from office, the auditor general shall hold office for 10 years from the date of his or her appointment.

             (2)  Once having served as auditor general, a person is not eligible for re-appointment to that office.

             (3)  The auditor general may resign his or her office in writing addressed to the Speaker of the House of Assembly, or, where there is no Speaker or the Speaker is absent, to the Clerk of the House of Assembly.

Removal or suspension

        6. The Lieutenant-Governor in Council, on resolution of the House of Assembly passed by a majority vote of the members of the House of Assembly actually voting, may suspend or remove the auditor general from office because of an incapacity to act or for misconduct, cause or neglect of duty.

Suspension when House of Assembly not sitting

      6.1 When the House of Assembly is not sitting, the Lieutenant-Governor in Council may suspend the auditor general because of an incapacity to act or for misconduct, cause or neglect of duty but the suspension shall not continue in force beyond the end of the next sitting of the House of Assembly.

Acting auditor general

        7. (1) The Lieutenant-Governor in Council may, on the recommendation of the commission, appoint an acting auditor general if

             (a)  the auditor general is temporarily unable to perform his or her duties;

             (b)  the office of the auditor general becomes vacant or the auditor general is suspended when the House of Assembly is not sitting; or

             (c)  the office of the auditor general becomes vacant or the auditor general is suspended when the House of Assembly is sitting, but the House of Assembly does not pass a resolution to appoint an auditor general before the end of that sitting.

             (2)  Where the office of the auditor general becomes vacant and an acting auditor general is appointed under paragraph (1)(b) or (c), the term of the acting auditor general shall not extend beyond the end of the next sitting of the House of Assembly.

             (3)  An acting auditor general holds office until

             (a)  the auditor general returns to his or her duties after a temporary inability to perform;

             (b)  the suspension of the auditor general ends or is dealt with in the House of Assembly; or

             (c)  a person is appointed as auditor general under section 4.

Salary, pension and benefits

        8. (1) The auditor general shall be paid a salary fixed by the Lieutenant-Governor in Council after consultation with the commission.

             (2)  The salary of the auditor general shall not be reduced except on resolution of the House of Assembly.

             (3)  The auditor general is subject to the Public Service Pensions Act, 1991 where he or she was subject to that Act before his or her appointment as auditor general.

             (4)  Where the auditor general was not subject to the Public Service Pensions Act, 1991 before his or her appointment as auditor general, he or she shall be paid, for contribution to a registered retirement savings plan, an amount equivalent to the amount which he or she would have contributed to the Public Service Pensions Plan were the circumstances in subsection (3) applicable.

             (5)  The auditor general is eligible to receive the same benefits as a deputy minister, with the exception of a pension where subsection (4) applies.

CHILD AND YOUTH ADVOCATE ACT

SNL2001 cC-12.01
as amended

        4. Sections 4 to 9 of the Child and Youth Advocate Act are repealed and the following substituted:

Appointment of Child and Youth Advocate

        4. On resolution of the House of Assembly, the Lieutenant-Governor in Council shall appoint a Child and Youth Advocate.

Status of advocate

        5. (1) The advocate is an officer of the House of Assembly and is not eligible to be nominated for election, to be elected or to sit as a member of the House of Assembly.

             (2)  The advocate shall not hold another public office or carry on a trade, business or profession.

Term of office

        6. (1) Unless he or she sooner resigns, dies or is removed from office, the advocate shall hold office for 6 years from the date of his or her appointment, and he or she may be re-appointed for a second term of 6 years, but shall not hold office for more than 2 terms.

             (2)  The advocate may resign his or her office in writing addressed to the Speaker of the House of Assembly, or, where there is no Speaker or the Speaker is absent, to the Clerk of the House of Assembly.

Removal or suspension

        7. The Lieutenant-Governor in Council, on resolution of the House of Assembly passed by a majority vote of the members of the House of Assembly actually voting, may suspend or remove the advocate from office because of an incapacity to act or for misconduct, cause or neglect of duty.

Suspension when House of Assembly not sitting

        8. When the House of Assembly is not sitting, the Lieutenant-Governor in Council may suspend the advocate because of an incapacity to act or for misconduct, cause or neglect of duty but the suspension shall not continue in force beyond the end of the next sitting of the House of Assembly.

Acting advocate

      8.1 (1) The Lieutenant-Governor in Council may, on the recommendation of the House of Assembly Management Commission, appoint an acting advocate if

             (a)  the advocate is temporarily unable to perform his or her duties;

             (b)  the office of the advocate becomes vacant or the advocate is suspended when the House of Assembly is not sitting; or

             (c)  the office of the advocate becomes vacant or the advocate is suspended when the House of Assembly is sitting, but the House of Assembly does not pass a resolution to appoint an advocate before the end of that sitting.

             (2)  Where the office of the advocate becomes vacant and an acting advocate is appointed under paragraph (1)(b) or (c), the term of the acting advocate shall not extend beyond the end of the next sitting of the House of Assembly.

             (3)  An acting advocate holds office until

             (a)  the advocate returns to his or her duties after a temporary inability to perform;

             (b)  the suspension of the advocate ends or is dealt with in the House of Assembly; or

             (c)  a person is appointed as advocate under section 4.

Salary, pension and benefits

        9. (1) The advocate shall be paid a salary fixed by the Lieutenant-Governor in Council after consultation with the House of Assembly Management Commission.

             (2)  The salary of the advocate shall not be reduced except on resolution of the House of Assembly.

             (3)  The advocate is subject to the Public Service Pensions Act, 1991 where he or she was subject to that Act before his or her appointment as advocate.

             (4)  Where the advocate was not subject to the Public Service Pensions Act, 1991 before his or her appointment as advocate, he or she shall be paid, for contribution to a registered retirement savings plan, an amount equivalent to the amount which he or she would have contributed to the Public Service Pension Plan were the circumstances in subsection (3) applicable.  

             (5)  The advocate is eligible to receive the same benefits as a deputy minister, with the exception of a pension where subsection (4) applies.

CITIZENS' REPRESENTATIVE ACT

SNL2001 cC-14.1
as amended

        5. Sections 3 to 8 of the Citizens' Representative Act are repealed and the following substituted:

Appointment of Citizens' Representative

        3. (1) The Office of the Citizens' Representative is established.

             (2)  On resolution of the House of Assembly, the Lieutenant-Governor in Council shall appoint a Citizens' Representative.

Status of Citizens' Representative

        4. (1) The Citizens' Representative is an officer of the House of Assembly and is not eligible to be nominated for election, to be elected or to sit as a member of the House of Assembly.

             (2)  The Citizens' Representative shall not hold another public office or carry on a trade, business or profession.           

Term of office

        5. (1) Unless he or she sooner resigns, dies or is removed from office, the Citizens' Representative shall hold office for 6 years from the date of his or her appointment, and he or she may be re-appointed for a second term of 6 years, but shall not hold office for more than 2 terms.

             (2)  The Citizens' Representative may resign his or her office in writing addressed to the Speaker of the House of Assembly, or, where there is no Speaker or the Speaker is absent, to the Clerk of the House of Assembly.

Removal or suspension

        6. The Lieutenant-Governor in Council, on resolution of the House of Assembly passed by a majority vote of the members of the House of Assembly actually voting, may suspend or remove the Citizens' Representative from office because of an incapacity to act or for misconduct, cause or neglect of duty.

Suspension when House of Assembly not sitting

        7. When the House of Assembly is not sitting, the Lieutenant-Governor in Council may suspend the Citizens' Representative because of an incapacity to act or for misconduct, cause or neglect of duty but the suspension shall not continue in force beyond the end of the next sitting of the House of Assembly.

Acting Citizens' Representative

      7.1 (1) The Lieutenant-Governor in Council may, on the recommendation of the House of Assembly Management Commission, appoint an acting Citizens' Representative if

             (a)  the Citizens' Representative is temporarily unable to perform his or her duties;

             (b)  the office of the Citizens' Representative becomes vacant or the Citizens' Representative is suspended when the House of Assembly is not sitting; or

             (c)  the office of the Citizens' Representative becomes vacant or the Citizens' Representative is suspended when the House of Assembly is sitting, but the House of Assembly does not pass a resolution to appoint a Citizens' Representative before the end of that sitting.

             (2)  Where the office of the Citizens' Representative becomes vacant and an acting Citizens' Representative is appointed under paragraph (1)(b) or (c), the term of the acting Citizens' Representative shall not extend beyond the end of the next sitting of the House of Assembly.

             (3)  An acting Citizens' Representative holds office until

             (a)  the Citizens' Representative returns to his or her duties after a temporary inability to perform;

             (b)  the suspension of the Citizens' Representative ends or is dealt with in the House of Assembly; or

             (c)  a person is appointed as Citizens' Representative under section 3.

Salary, pension and benefits

        8. (1) The Citizens' Representative shall be paid a salary fixed by the Lieutenant-Governor in Council after consultation with the House of Assembly Management Commission.

             (2)  The salary of the Citizens' Representative shall not be reduced except on resolution of the House of Assembly.

             (3)  The Citizens' Representative is subject to the Public Service Pensions Act, 1991 where he or she was subject to that Act before his or her appointment as Citizens' Representative.

             (4)  Where the Citizens' Representative was not subject to the Public Service Pensions Act, 1991 before his or her appointment as Citizens' Representative, he or she shall be paid, for contribution to a registered retirement savings plan, an amount equivalent to the amount which he or she would have contributed to the Public Service Pension Plan were the circumstances in subsection (3) applicable.

             (5)  The Citizens' Representative is eligible to receive the same benefits as a deputy minister, with the exception of a pension where subsection (4) applies.

ELECTIONS ACT, 1991

SNL1992 cE-3.1
as amended

        6. Sections 4 to 6 of the Elections Act, 1991 are repealed and the following substituted:

Appointment of Chief Electoral Officer

        4. (1) The Office of the Chief Electoral Officer is established.

             (2)  On resolution of the House of Assembly, the Lieutenant-Governor in Council shall appoint a Chief Electoral Officer.

Duties of Chief Electoral Officer

        5. (1) It is the duty of the Chief Electoral Officer

             (a)  to exercise general direction and supervision over the administrative conduct of elections and to enforce on the part of election officers fairness, impartiality and compliance with this Act;

             (b)  to issue to election officers those instructions that he or she considers necessary to ensure effective execution of this Act; and

             (c)  to perform all other duties that are imposed on him or her by or under this Act.

             (2)  The Chief Electoral Officer shall report on his or her activities to the House of Assembly through the Speaker.

Status of Chief Electoral Officer

      5.1 (1) The Chief Electoral Officer is an officer of the House of Assembly and is not eligible to be nominated for election, to be elected or to sit as a member of the House of Assembly.

             (2)  The Chief Electoral Officer may hold the office of Commissioner for Legislative Standards but shall not hold another public office or carry on a trade, business or profession.

Term of Office

      5.2 (1) Unless he or she sooner resigns, dies or is removed from office, the Chief Electoral Officer shall hold office for 6 years from the date of his or her appointment, and he or she may be reappointed for a second term of 6 years, but shall not hold office for more than 2 terms.

             (2)  The Chief Electoral Officer may resign his or her office in writing addressed to the Speaker.

Removal or suspension

      5.3 The Lieutenant-Governor in Council, on resolution of the House of Assembly passed by a majority vote of the members of the House of Assembly actually voting, may suspend or remove the Chief Electoral Officer from office because of an incapacity to act or for misconduct, cause or neglect of duty.

Suspension when House of Assembly not sitting

      5.4 When the House of Assembly is not sitting, the Lieutenant-Governor in Council may suspend the Chief Electoral Officer because of an incapacity to act or for misconduct, cause or neglect of duty but the suspension shall not continue in force beyond the end of the next sitting of the House of Assembly.

Acting Chief Electoral Officer

      5.5 (1) The Lieutenant-Governor in Council may, on the recommendation of the House of Assembly Management Commission, appoint an acting Chief Electoral Officer if

             (a)  the Chief Electoral Officer is temporarily unable to perform his or her duties;

             (b)  the office of the Chief Electoral Officer becomes vacant or the Chief Electoral Officer is suspended when the House of Assembly is not sitting; or

             (c)  the office of the Chief Electoral Officer becomes vacant or the Chief Electoral Officer is suspended when the House of Assembly is sitting, but the House of Assembly does not pass a resolution to appoint a Chief Electoral Officer before the end of that sitting.

             (2)  Where the office of the Chief Electoral Officer becomes vacant and an acting Chief Electoral Officer is appointed under paragraph (1)(b) or (c), the term of the acting Chief Electoral Officer shall not extend beyond the end of the next sitting of the House of Assembly.

             (3)  An acting Chief Electoral Officer holds office until

             (a)  the Chief Electoral Officer returns to his or her duties after a temporary inability to perform;

             (b)  the suspension of the Chief Electoral Officer ends or is dealt with in the House of Assembly; or

             (c)  a person is appointed as Chief Electoral Officer under section 4.

Salary, pension and benefits

        6. (1) The Chief Electoral Officer shall be paid a salary fixed by the Lieutenant-Governor in Council after consultation with the House of Assembly Management Commission.

             (2)  The salary of the Chief Electoral Officer shall not be reduced except on resolution of the House of Assembly.

             (3)  The Chief Electoral Officer is subject to the Public Service Pensions Act, 1991 where he or she was subject to that Act before his or her appointment as Chief Electoral Officer.

             (4)  Where the Chief Electoral Officer was not subject to the Public Service Pensions Act, 1991 before his or her appointment as Chief Electoral Officer, he or she shall be paid, for contribution to a registered retirement savings plan, an amount equivalent to the amount which he or she would have contributed to the Public Service Pension Plan were the circumstances in subsection (3) applicable.  

             (5)  The Chief Electoral Officer is eligible to receive the same benefits as a deputy minister, with the exception of a pension where subsection (4) applies.

HOUSE OF ASSEMBLY ACT

RSNL1990 cH-10
as amended

        7. Section 34 of the House of Assembly Act is repealed and the following substituted:

Commissioner

      34. (1) On resolution of the House of Assembly, the Lieutenant-Governor in Council shall appoint a Commissioner for Legislative Standards.

             (2)  The commissioner is an officer of the House of Assembly and is not eligible to be nominated for election, to be elected or to sit as a member of the House of Assembly.

             (3)  The commissioner may hold the office of Chief Electoral Officer but shall not hold another public office or carry on a trade, business or profession.

             (4)  Unless he or she sooner resigns, dies or is removed from office, the commissioner shall hold office for 6 years from the date of his or her appointment, and he or she may be re-appointed for a second term of 6 years, but shall not hold office for more than 2 terms.

             (5)  The commissioner may resign his or her office in writing addressed to the Speaker of the House of Assembly, or, where there is no Speaker or the Speaker is absent, to the Clerk of the House of Assembly.

             (6)  The Lieutenant-Governor in Council, on resolution of the House of Assembly passed by a majority vote of the members of the House of Assembly actually voting, may suspend or remove the commissioner from office because of an incapacity to act or for misconduct, cause or neglect of duty.

             (7)  When the House of Assembly is not sitting, the Lieutenant-Governor in Council may suspend the commissioner because of an incapacity to act or for misconduct, cause or neglect of duty but the suspension shall not continue in force beyond the end of the next sitting of the House of Assembly.

             (8)  The Lieutenant-Governor in Council may, on the recommendation of the House of Assembly Management Commission, appoint an acting commissioner if

             (a)  the commissioner is temporarily unable to perform his or her duties;

             (b)  the office of the commissioner becomes vacant or the commissioner is suspended when the House of Assembly is not sitting; or

             (c)  the office of the commissioner becomes vacant or the commissioner is suspended when the House of Assembly is sitting, but the House of Assembly does not pass a resolution to appoint a commissioner before the end of that sitting.

             (9)  Where the office of the commissioner becomes vacant and an acting commissioner is appointed under paragraph (8)(b) or (c), the term of the acting commissioner shall not extend beyond the end of the next sitting of the House of Assembly.

          (10)  An acting commissioner holds office until

             (a)  the commissioner returns to his or her duties after a temporary inability to perform;

             (b)  the suspension of the commissioner ends or is dealt with in the House of Assembly; or

             (c)  a person is appointed as commissioner under subsection (1).

          (11)  The commissioner shall be paid a salary fixed by the Lieutenant-Governor in Council after consultation with the House of Assembly Management Commission.

          (12)  The salary of the commissioner shall not be reduced except on resolution of the House of Assembly.

          (13)  The commissioner is subject to the Public Service Pensions Act, 1991 where he or she was subject to that Act before his or her appointment as commissioner.

          (14)  Where the commissioner was not subject to the Public Service Pensions Act, 1991 before his or her appointment as commissioner, he or she shall be paid, for contribution to a registered retirement savings plan, an amount equivalent to the amount which he or she would have contributed to the Public Service Pension Plan were the circumstances in subsection (13) applicable.

          (15)  The commissioner is eligible to receive the same benefits as a deputy minister, with the exception of a pension where subsection (14) applies.

          (16)  The commissioner may, subject to the approval of the House of Assembly Management Commission continued under section 18 of the House of Assembly Accountability, Integrity and Administration Act, appoint for the term and on the conditions that the commissioner may determine those employees and officers that are necessary for the performance of the duties of the commissioner.

          (17)  The commissioner and every person employed by the commissioner shall swear an oath or make a solemn declaration to keep confidential information relating to the personal interests and property of members received or obtained under this Part.

Commencement

        8. This Act comes into force on the day the Independent Appointments Commission Act comes into force.