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Statutes of Newfoundland and Labrador 2018


CHAPTER 38

AN ACT TO AMEND THE HOUSING CORPORATION ACT

(December 5, 2018)

Analysis


        1.   S.3 Amdt.
Corporation

        2.   S.4 R&S
Membership

        3.   S.5 R&S
Tenure

        4.   S.6 R&S
Remuneration

        5.   S.7 R&S
Chief executive officer

        6.   S.8 Amdt.
Use of seal

        7.   S.9 Amdt.
Status of corporation

        8.   S.28 R&S
Oath or Affirmation

        9.   S.37 R&S
Financial statement

      10.   S.39 Amdt.
Audit of accounts

      11.   SNL2016 cI-2.1 Amdt.


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

RSNL1990 cH-13
as amended

        1. Subsection 3(2) of the Housing Corporation Act is repealed and the following substituted:

             (2)  The membership of the corporation shall consist of not less than 5 and not more than 11 members to be appointed by the Lieutenant-Governor in Council, one of whom shall be a representative of persons with disabilities in the province.

 

 

        2. Section 4 of the Act is repealed and the following substituted:

Membership

        4. (1) The Lieutenant-Governor in Council may designate one of the members of the corporation appointed under subsection 3(2) to be chairperson and another to be vice-chairperson of the corporation.

             (2)  During the incapacity or absence of the chairperson or a vacancy in the office of chairperson, the vice-chairperson, or one of the other members of the corporation appointed under subsection 3(2) who is designated in writing by the minister, has and may exercise the powers of the chairperson and shall discharge his or her duties.

             (3)  A majority of the members of the corporation appointed under subsection 3(2) shall constitute a quorum.

             (4)  Where, at a meeting of the corporation, there is an equality of votes inclusive of his or her own vote, the member of the corporation presiding at the meeting has a second or casting vote.

             (5)  Where a vacancy occurs in the membership of the corporation because of the death, resignation or illness of a member, the Lieutenant-Governor in Council may appoint a person to replace that member.

             (6)  The exercise of the powers of the corporation shall not be impaired because of a vacancy in its membership.

             (7)  All acts done by the corporation shall, notwithstanding that it is afterwards discovered that there was some defect in the appointment or qualification of a person purporting to be a member of the corporation, be as valid as if the defect had not existed.

 

        3. Section 5 of the Act is repealed and the following substituted:

Tenure

        5. (1) A member of the corporation appointed under subsection 3(2) shall be appointed for a term of 3 years, and may be reappointed for one additional 3 year term, to be served consecutively.

             (2)  Notwithstanding subsection (1), where the term of a member appointed under subsection 3(2) expires, he or she shall continue as a member until reappointed or replaced.

 

        4. Section 6 of the Act is repealed and the following substituted:

Remuneration

        6. A member of the corporation appointed under subsection 3(2) may be paid the salary or other remuneration and expenses that the Lieutenant-Governor in Council may determine.

 

        5. Section 7 of the Act is repealed and the following substituted:

Chief executive officer

        7. (1) The Lieutenant-Governor in Council shall appoint, after consultation with the membership of the corporation, a chief executive officer for the corporation and shall determine the remuneration and other terms and conditions of appointment of that chief executive officer.

             (2)   The chief executive officer shall, subject to the direction of the membership of the corporation, be charged with the general direction, supervision and control of the business of the corporation and shall have those other powers that may be conferred on him or her by the regulations.

             (3)  The same person may not hold the offices of chairperson and chief executive officer simultaneously.

             (4)  In addition to the members appointed under subsection 3(2), the chief executive officer shall be a non-voting member of the corporation.

             (5)  During an absence or incapacity of the chief executive officer, the Lieutenant-Governor in Council may appoint an acting chief executive officer who shall perform the duties of the chief executive officer until his or her return or resumption of duties, or until a new chief executive officer is appointed.

 

        6. Paragraph 8(1)(a) of the Act is repealed and the following substituted:

             (a)  the chief executive officer; and

 

        7. Subsection 9(5) of the Act is repealed and the following substituted:

             (5)  A member or officer of the corporation or a person employed by the corporation does not become, because of the employment only, an officer or employee of the Crown.

 

        8. Section 28 of the Act is repealed and the following substituted:

Oath or Affirmation

      28. Members, officers and employees of the corporation shall, before entering upon their duties, take and sign, before a justice of the peace or a commissioner for oaths, an oath or affirmation of fidelity and secrecy in the form set out in the Schedule to this Act.

 

 

        9. Section 37 of the Act is repealed and the following substituted:

Financial statement

      37. The financial statement referred to in section 36 shall be signed by the chairperson, the chief executive officer and one other member of the corporation and certified by the auditor general and shall have attached to it a report which the auditor general may have made to the corporation. 

 

      10. Subsection 39(2) of the Act is repealed and the following substituted:

             (2)  When the auditor general makes an interim examination of the accounts of the corporation during the course of a financial year, he or she shall submit a report of the examination to the chairperson and the chief executive officer of the corporation and to the minister.

SNL2016 cI-2.1 Amdt.

      11. The Schedule to the Independent Appointments Commission Act is amended by deleting the statutory appointment reference "Housing Corporation Act, subsections 3(2) and 4(1) with respect to the chairperson" and substituting the statutory appointment reference "Housing Corporation Act, subsections 3(2) and 7(1)".