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Statutes of Newfoundland and Labrador 2020


CHAPTER 2

AN ACT TO AMEND THE HOUSE OF ASSEMBLY ACCOUNTABILITY, INTEGRITY AND ADMINISTRATION ACT

(Assented to March 13, 2020)

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.35 Amdt.
Codes of conduct

        3.   S.36 Amdt.
Request for opinion

        4.   S.38 Amdt.
Report

        5.   S.40.1 Added

              Confidentiality of identity

        6.   Ss.42.1 to 42.11 Added

              42.1 Definitions

              42.2 Harassment

              42.3 Authority

              42.4 Report

              42.5 Roles of Privileges and Elections Committee

              42.6 Penalties

              42.7 Concurrence of House of Assembly

              42.8 Confidentiality of identity

              42.9 Where complainant is citizens' representative

              42.10 Protection from liability

              42.11 Declaration

        7.   Commencement


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

SNL2007 cH-10.1
as amended

        1. Section 2 of the House of Assembly Accountability, Integrity and Administration Act is amended by adding immediately after paragraph (d) the following:

         (d.1)  "citizens' representative" means the Citizens' Representative appointed under the Citizens' Representative Act;

 

        2. Section 35 of the Act is amended by adding immediately after subsection (3) the following:

             (4)  Before February 1 in a year, a member shall file with the clerk a declaration reaffirming the member's commitment to follow the code of conduct for members.

 

        3. Subsection 36(4) of the Act is repealed.

 

        4. Subsection 38(2) of the Act is repealed.

 

        5. The Act is amended by adding immediately after section 40 the following:

Confidentiality of identity

   40.1 The identity of a person requesting an opinion under section 36 shall be kept confidential to the extent permitted by law and consistent with the need to conduct a proper investigation and the requirements of procedural fairness.

 

        6. The Act is amended by adding immediately after section 42 the following:

Definitions

   42.1 In sections 42.2 to 42.11,

             (a)  "harassment" means harassment as defined in the policy; and

             (b)  "policy" means the Harassment-free Workplace Policy Applicable to Complaints Against Members of the House of Assembly recommended by the Privileges and Elections Committee and concurred in by the House of Assembly, and includes any amendments to it.

Harassment

   42.2 (1) Notwithstanding sections 36 to 42, where a matter relates to a complaint of harassment against a member, that matter shall not be dealt with under sections 36 to 42, but shall be investigated and reported upon by the citizens' representative in accordance with the policy.

             (2)  Notwithstanding subsection (1), where a complaint has been made to the citizens' representative under the policy but the citizens' representative is of the opinion that the matter does not fall within his or her jurisdiction, a complainant who is a member may make a request for an opinion to the commissioner under section 36.

             (3)  Where a request for an opinion has been made to the commissioner under section 36 but the commissioner is of the opinion that the matter does not fall within his or her jurisdiction under sections 36 to 42, a complainant is not prohibited from making a complaint on the matter in accordance with the policy.

             (4)  Where a matter has been referred to either the commissioner or the citizens' representative under this Act or the policy and the commissioner or the citizens' representative, as appropriate, has issued a report or discontinued an investigation of that matter, the decision of the commissioner or citizens' representative, as appropriate, is final and the matter may not be subsequently referred to the statutory officer who has not yet heard it.

Authority

   42.3 (1) The citizens' representative shall conduct an investigation of an allegation made in a complaint under the policy in accordance with the policy.

             (2)  The investigation of an allegation made in a complaint under the policy shall be conducted as informally and expeditiously as possible in accordance with the policy.

             (3)  The citizens' representative shall ensure that the right to procedural fairness of all persons involved in an investigation is respected, including the complainant and the respondent.

Report

   42.4 The citizens' representative shall report his or her findings to the Privileges and Elections Committee in accordance with the policy.

Roles of Privileges and Elections Committee

   42.5 The Privileges and Elections Committee may do those things and exercise those powers assigned to it under the policy, and nothing in the policy, this section or sections 42.1 to 42.11 shall be taken to derogate from the powers, privileges and immunities of the House of Assembly, of its members or of the Privileges and Elections Committee under this or under any other law.

Penalties

   42.6 (1) Where, in a report under section 42.4, the citizens' representative determines that a complaint against a member is substantiated, the Privileges and Elections Committee may recommend to the House of Assembly that

             (a)  the member be reprimanded;

             (b)  the member make restitution or pay compensation;

             (c)  the member be suspended from the House of Assembly, with or without pay, for a period specified in the report; or

             (d)  the member's seat be declared vacant.

             (2)  Before making a recommendation under subsection (1), the Privileges and Elections Committee shall, in accordance with the policy, provide the complainant and respondent with an opportunity to appear before the committee or to make a written submission to it respecting the sanction, if any, that the committee may recommend to the House of Assembly.

Concurrence of House of Assembly

   42.7 (1) A report of the Privileges and Elections Committee under the policy shall be taken up and disposed of by the House of Assembly within 6 months of its being tabled, or a longer period that the House of Assembly may determine.

             (2)  A recommendation of the Privileges and Elections Committee shall not take effect unless it is concurred in by resolution of the House of Assembly.

Confidentiality of identity

   42.8 The identity of a person making a complaint and any witness to the matter to which the complaint relates shall be kept confidential to the extent permitted by law and consistent with the need to conduct a proper investigation and the requirements of procedural fairness.

Where complainant is citizens' representative

   42.9 Where the person making a complaint under the policy is the citizens' representative, the commissioner may exercise the powers of the citizens' representative under the policy and sections 42.1 to 42.8 as if the commissioner were the citizens' representative.

Protection from liability

42.10 A civil action or proceeding shall not be brought against an employee, the speaker, the clerk, the commissioner, the citizens' representative, an investigator, a member of the Privileges and Elections Committee or a person acting on behalf of or under the direction of any of them for a thing done or not done in good faith relating to the performance or intended performance of a duty or the exercise or intended exercise of a power under the policy or sections 42.1 to 42.9.

Declaration

42.11 Before February 1 in a year, a member shall file with the clerk a declaration that the member has read and understood the provisions of the policy.

Commencement

        7. (1) This Act comes into force on April 1, 2020.

             (2)  Notwithstanding subsection (1), the citizens' representative may, before the coming into force of this Act and the effective date of the policy, hire those people and do those things that may be required to give effect to the requirements of this Act and the policy.