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Statutes of Newfoundland 1993


CHAPTER D-19

CHAPTER D-19.1

AN ACT RESPECTING THE DEPARTMENT OF TOURISM AND CULTURE

(Assented to June 18, 1993)

Analysis

1. Short title

2. Definitions

3. Department constituted

4. Staff

5. Seal

6. Powers and duties of minister

7. Agreements generally

8. Agreements with governments

9. Agreements amended

10. Agreements made by minister

11. Boards, committees, etc.

12. Minister's powers over boards

13. Regulations

14. Documents

15. Accounts

16. Security

17. Actions

18. Certified copies of documents

19. Property

20. Payments

21. Consequential amendments

Schedule

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 Department of Tourism and Culture Act.

Definitions

2. In this Act

(a) "department" means the Department of Tourism and Culture constituted by this Act;

(b) "deputy minister" means the Deputy Minister of Tourism and Culture appointed under this Act; and

(c) "minister" means the Minister of Tourism and Culture referred to in section 3.

Department constituted

3. (1) There shall be a department of the government called the Department of Tourism and Culture over which the Minister of Tourism and Culture appointed by the Lieutenant-Governor by commission under the Great Seal of the province shall preside.

(2) The minister has the management and direction of the department and holds office during pleasure.

Staff

4. (1) The Lieutenant-Governor in Council may appoint an officer called the Deputy Minister of Tourism and Culture.

(2) The deputy minister shall be the deputy head of the department and shall hold office during pleasure.

(3) Those other officers and employees that are necessary for the proper conduct of the business of the department shall be reassigned and appointed or employed in the manner authorized by law, but the minister may temporarily employ those technical and other assistants that the minister considers necessary.

(4) Where there is no deputy minister or the deputy minister is absent, and unless otherwise provided by the Lieutenant-Governor in Council, an officer named by the minister has the powers and shall perform the duties of the deputy minister.

Seal

5. (1) The department shall have a seal which shall be officially and judicially noticed.

(2) Where the official seal of the department is used, it shall be authenticated by the signature of the minister or by the signature of the deputy minister, or, where there is no deputy minister or the deputy minister is absent, by the signature of the person who, under subsection 4(4), has the powers of the deputy minister.

Powers and duties of minister

6. The powers, functions and duties of the minister extend to and include the supervision, control and direction of matters relating to the promotion, encouragement and development generally of culture, historic resources, crafts, tourism, parks, wildlife, wilderness and ecological reserves, including matters relating to

(a) cultural activities in the province, including

(i) arts and culture centres,

(ii) the arts and letters committee, and

(iii) public libraries;

(b) the historic resources of the province;

(c) Newfoundland and Labrador Arts Council;

(d) the heritage foundation;

(e) the provincial archives;

(f) museums established and operated by the province;

(g) the archaeology and ethnology of the province;

(h) tourist activities in the province, including

(i) improvement throughout the province of accommodations, attractions, facilities and services for tourists,

(ii) publicizing those aspects of the province's attributes that are considered to have an appeal for tourists,

(iii) support for and co-operation with the associations or other public or private organizations engaged in developing and promoting tourism in the province,

(iv) establishment, coordination and implementation of activities, services and programs designed to promote and market tourism in the province,

(v) coordination and promotion of programs designed to support and stimulate all individuals, companies and associations involved in the crafts, giftware and apparel manufacturing sectors in the province, including the development and expansion of national and international markets for the craft, giftware and apparel manufacturing sectors, and

(vi) introduction of new design and production technology, training in design skills, innovative design concepts and trends;

(i) the management, preservation, control, protection and development of

(i) provincial parks, as defined in the Provincial Parks Act,

(ii) provincial interest in all national parks established in the province by the Government of Canada, and

(iii) wilderness and ecological reserves as defined in the Wilderness and Ecological Reserves Act;

(j) the management, preservation, protection and development of wild life of the province;

(k) the provision of information and advice throughout the province with regard to incentives, loan facilities, programs and other benefits which are available both federally and provincially and for which the department is mandated;

(l) the administration, subject to the Rearrangements and Transfers of Duties in the Public Service Act, of the Acts set out in the Schedule and all orders and regulations made under those Acts;

(m) liaison and co-operation with the Government of Canada or of a province or a department, agency or body under the jurisdiction of the Government of Canada or of a province;

(n) authorizing a person to act on the minister's behalf under an agreement with the Government of Canada or of a province or a department, agency or body under the jurisdiction of that government;

(o) the exercise and discharge of other powers, functions and duties that the Lieutenant-Governor in Council may assign to the minister; and

(p) the doing of other things or the exercise of other powers for carrying out the purpose of this Act.

Agreements generally

7. Subject to the approval of the Lieutenant-Governor in Council, the minister may enter into agreements for the purpose of exercising or discharging his or her powers, functions or duties.

Agreements with governments

8. Subject to the approval of the Lieutenant-Governor in Council, the minister may enter into agreements with the Government of Canada or of a province of Canada or an agency of the Government of Canada or the government of a province providing for

(a) the joint undertaking by the government of the province or an agency of the government with those governments, or an agency of those governments, of projects relating to an aspect of the powers, functions or duties of the minister;

(b) the payment by or to the province of contributions in respect of the cost of projects referred to in paragraph (a); or

(c) programs of research and investigation, and may co-ordinate those programs with other similar programs being undertaken in the province or elsewhere in Canada.

Agreements amended

9. Power to enter into an agreement shall include power to amend that agreement but, where the approval of the Lieutenant-Governor in Council to the original agreement is required, that approval is also required for an amending agreement.

Agreements made by minister

10. (1) Notwithstanding that the approval of the Lieutenant-Governor in Council is required for an agreement under section 7 or 8, and unless otherwise directed by the Lieutenant-Governor in Council, the minister may enter into an agreement under section 7 or 8 without the approval of the Lieutenant-Governor in Council where

(a) there are funds appropriated by the Legislature for the specific purpose; and

(b) the expenditure of the funds has been approved by the Lieutenant-Governor in Council for the department's budget for the fiscal year to which the agreement relates.

(2) Where the minister enters into an agreement under subsection (1), the minister may enter into an amending agreement, subject to those same terms, conditions and monetary limits required under subsection (1), but, where the agreement, as amended, would exceed or violate those terms, conditions and monetary limits, the minister shall first obtain the approval of the Lieutenant-Governor in Council.

Boards, committees, etc.

11. The Lieutenant-Governor in Council may establish boards, committees and councils to assist and advise the minister in administering this Act and appoint the members of those boards, committees and councils.

Minister's powers over boards

12. The rights, duties, powers, liabilities and functions of the minister extend and apply to those boards and other public bodies, officials, subjects, services and properties of the Crown that the Lieutenant-Governor in Council designates and assigns to the minister and over which the minister is given the control, regulation, management and supervision.

Regulations

13. (1) The Lieutenant-Governor in Council may make regulations

(a) necessary or desirable for the carrying out of the minister's powers, functions and duties under this Act;

(b) providing for the management, maintenance, proper use and protection of real or personal property of which the minister has the management and control; and

(c) generally, to give effect to the purpose of this Act.

(2) The Lieutenant-Governor in Council may, in regulations made under subsection (1), prescribe penalties for contravening those regulations.

Documents

14. (1) An agreement, deed or other writing made or executed under this Act shall not bind the government or the minister or be held to be the act of the government or the minister unless it is signed by the minister or the deputy minister or 1 of the persons designated under subsection 4(4) in the circumstances specified.

(2) Subsection (1) does not apply to transactions in the routine course of administering the affairs of the department under this Act.

Accounts

15. The minister, the deputy minister or an officer named by the minister under subsection 4(4) may require an account furnished by a person, whether in the employ of the department or not, to be attested on oath or affirmation, which oath or affirmation may be administered by the minister, the deputy minister or an officer referred to in subsection 4(4).

Security

16. The minister, the deputy minister or an officer named by the minister under subsection 4(4) shall have power to require and take security by way of bond or deposit of money for the performance of work in accordance with an agreement entered into with the minister or the department or an employee of the department.

Actions

17. Unless otherwise provided by law, all actions, suits and other proceedings taken by the minister or the department for the enforcement of an agreement or for the recovery of damages in tort or arising out of contract or for the trial of a right in respect of real or other property under the control of the minister shall be instituted in the name of the Attorney General.

Certified copies of documents

18. A copy of a map, plan or other document in the custody of the department, certified by the deputy minister to be a true copy, is considered to be authentic and is, in the absence of evidence to the contrary, evidence of the same legal effect as the original for the purpose of a proceeding in a court or for another purpose.

Property

19. (1) The minister, for and in the name of the Crown, may acquire by purchase, lease or otherwise, and hold, manage and control, real or personal property which the minister considers necessary for the purpose of this Act.

(2) The minister may

(a) sell; or

(b) lease, rent, hire or otherwise dispose of for a period, and subject to those terms and conditions that the minister may stipulate,

property of which the minister has the management and control.

(3) Unless specifically directed by the Lieutenant-Governor in Council, money received by the minister in the exercise of the powers conferred on the minister by subsection (2) shall be paid into the Consolidated Revenue Fund.

(4) Where the Crown acquires or disposes of property through the minister, the minister or the deputy minister may execute all deeds and documents on behalf of the Crown with his or her signature and official title and with the seal of the department.

Payments

20. Payments required to be made by or on behalf of the Crown under an agreement entered into under this Act or in carrying out this Act or the regulations shall be paid by the Minister of Finance, on the request of the minister, out of the Consolidated Revenue Fund.

Consequential amendments

21. (1) Paragraphs 2(d) and 7(1)(e) and subsection 7(2) of the Archives Act are amended by striking out the words "Municipal and Provincial Affairs" and substituting the words "Tourism and Culture".

(2) Paragraphs 2(c) and (d) of the Arts Council Act are amended by striking out the words "Municipal and Provincial Affairs" and substituting the words "Tourism and Culture".

(3) Sections 5 and 6 of the Books Preservation of Copies Act are amended by striking out the words "Municipal and Provincial Affairs" and substituting the words "Tourism and Culture".

(4) Paragraphs 2(c) and (g) and subsection 22(3) of the Historic Resources Act are amended by striking out the words "Municipal and Provincial Affairs" and substituting the words "Tourism and Culture".

(5) Paragraph 2(a) of the National Parks Lands Act is amended by striking out the words "Environment and Lands" and substituting the words "Tourism and Culture".

(6) Paragraph 2(b) and sections 9 and 11 of the Newspapers and Books Act are amended by striking out the words "Municipal and Provincial Affairs" and substituting the words "Tourism and Culture".

(7) Paragraph 2(a) of the Provincial Parks Act is amended by striking out the words "Environment and Lands" and substituting the words "Tourism and Culture".

(8) Paragraph 2(c) of the Public Libraries Act is amended by striking out the words "Municipal and Provincial Affairs" and substituting the words "Tourism and Culture".

(9) Paragraph 2(a) of the Tourist Establishments Act is amended by striking out the word "Development" and substituting the words "Tourism and Culture".

(10) Paragraph 2(h) of the Wild Life Act is amended by striking out the words "Environment and Lands" and substituting the words "Tourism and Culture".

(11) Paragraph 2(e) of the Wilderness and Ecological Reserves Act is amended by striking out the words "Environment and Lands" and substituting the words "Tourism and Culture".

 

Schedule

1. Archives Act

2. Arts Council Act

3. Books Preservation of Copies Act

4. Colonial Building Act

5. Historic Resources Act

6. National Parks Lands Act

7. Newspapers and Books Act

8. Provincial Parks Act

9. Public Libraries Act

10. Tourist Establishments Act

11. Wild Life Act

12. Wilderness and Ecological Reserves Act

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