Statutes of Newfoundland and Labrador 2023 Chapter 26

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 5 of the House of Assembly Accountability, Integrity and Administration Act is amended by

(a) deleting the words "being permitted to take his or her place" and substituting the words "a member is permitted to take the member's place"; and

(b) deleting the words "Her Majesty Queen Elizabeth the Second, her heirs" and substituting the words "His Majesty King Charles the Third, his heirs".

2. (1) Paragraph 7(1)(b) of the Act is repealed.

(2) Paragraph 7(1)(c) of the Act is repealed and the following substituted:

3. Subsection 8(2) of the Act is amended by deleting the words "Her Majesty the Queen" and substituting the words "His Majesty the King".

4. Section 9 of the Act is repealed.

5. Section 10 of the Act is repealed and the following substituted:

Inability of clerk to act

10. (1) Whenever the clerk is absent or unable to act, or the office of clerk is vacant and an acting clerk has not been appointed under subsection 7(3),

(a) the chief financial officer shall perform the duties of the clerk as accounting officer; and

(b) the speaker, following consultation with the commission, shall designate a principal clerk, the law clerk and parliamentary counsel or the chief financial officer to exercise the administrative powers of the clerk and be secretary to the commission and chief parliamentary advisor to the speaker.

(2) Where the speaker assigns duties to the chief financial officer under both paragraphs (1)(a) and (b), the chief financial officer shall exercise those duties concurrently.

6. Subsection 11(2) of the Act is repealed and the following substituted:

(2) A member is entitled, subject to those conditions and limitations that may be prescribed by rules of the commission, to be reimbursed or have payment made on the member's behalf for reasonable and legitimate expenses incurred by the member in carrying out duties as a member.

7. Subsection 12(5) of the Act is amended by

(a) deleting the words "his or her" and substituting the word "the"; and

(b) deleting the words "he or she" and substituting the words "the member".

8. Section 13 of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the member's".

9. (1) Subsection 14(1) of the Act is repealed and the following substituted:

Commencement and termination dates

14. (1) For the purpose of entitlement to the payments provided for in subsections 11(1), (2) and (4), a person is a member from the date of the person's election until the member's seat is vacated or until the day immediately before the date of the next following election, whichever first occurs.

(2) Subsection 14(2) of the Act is amended by deleting the words "his or her" and substituting the words "the member's".

10. Subsection 15.1(3) of the Act is amended by

(a) deleting the words "his or her" and substituting the word "their"; and

(b) deleting the words "he or she is" and substituting the words "they are".

11. Subsection 16(6) of the Act is amended by deleting the words "his or her" and substituting the words "the member's".

12. (1) Subsection 18(2) of the Act is amended by deleting the words "his or her" and substituting the words "the speaker's".

(2) Subsection 18(3) of the Act is amended by deleting the words "his or her" and substituting the words "the speaker's".

(3) Subsection 18(10) of the Act is repealed.

13. (1) Subsection 21(1) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the member's".

(2) Subsection 21(2) of the Act is amended by deleting the words "he or she" and substituting the words "the member".

(3) Paragraph 21(3)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the member's".

14. Subsection 22(2) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the member's".

15. (1) Section 23 of the Act is amended by adding immediately after subsection (3) the following:

(3.1) Whenever the chair is absent or unable to act, or the position of chair is vacant, the audit committee may designate an acting chair from among its members.

(2) Subsection 23(5) of the Act is repealed and the following substituted:

(5) The law clerk and parliamentary counsel shall act as secretary to the audit committee.

(3) Section 23 of the Act is amended by adding immediately after subsection (5) the following:

(5.1) Notwithstanding subsection (5), where the law clerk and parliamentary counsel has been designated under paragraph 10(1)(b), the speaker, following consultation with the commission, shall designate a principal clerk as secretary to the audit committee.

(4) Paragraph 23(7)(l) of the Act is amended by deleting the words "his or her" and substituting the words "the clerk's".

16. Subsection 24(1) of the Act is amended by deleting the words "he or she" and substituting the words "the member".

17. (1) Paragraph 25(1)(c) of the Act is amended by adding immediately after the words "law clerk" the words "and parliamentary counsel".

(2) Subsection 25(3) of the Act is amended by adding immediately after the words "law clerk" the words "and parliamentary counsel".

18. (1) Subsection 28(2) of the Act is amended by deleting the words "his or her capacity" and substituting the words "the clerk's capacity".

(2) Paragraph 28(2)(b) of the Act is repealed and the following substituted:

(b) directing and coordinating the provision of procedural services by the sergeant-at-arms and other officers of the House of Assembly;

(3) Paragraph 28(2)(d) of the Act is amended by deleting the words "his or her" and substituting the words "the speaker's".

(4) Subsection 28(3) of the Act is amended by deleting the words "his or her capacity" and substituting the words "the clerk's capacity".

(5) Paragraph 28(3)(j) of the Act is amended by deleting the words "his or her" and substituting the words "the clerk's".

19. Section 29 of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the clerk".

20. Section 31 of the Act is amended by

(a) deleting the words "him or her" wherever they appear and substituting the words "the clerk"; and

(b) deleting the words "his or her" and substituting the words "the clerk's".

21. Subsection 34(2) of the Act is amended by deleting the words "his or her".

22. Section 36 of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the commissioner's".

23. Section 37 of the Act is amended by

(a) deleting the words "he or she" wherever they appear and substituting the words "the commissioner";

(b) deleting the words "him or her" and substituting the words "the commissioner"; and

24. Subsection 38(1) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the commissioner"; and

(b) deleting the words "his or her" and substituting the words "the commissioner's".

25. Section 39 of the Act is amended by deleting the words "he or she" and substituting the words "the commissioner".

26. Section 42 of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the commissioner".

27. (1) Subsection 42.2(2) of the Act is amended by deleting the words "his or her" and substituting the words "the citizens' representative's".

(2) Subsection 42.2(3) of the Act is amended by deleting the words "his or her" and substituting the words "the commissioner's".

28. Section 42.4 of the Act is amended by deleting the words "his or her" and substituting the words "the citizens' representative's".

29. (1) Subsection 43(7) of the Act is amended by deleting the words "his or her" and substituting the words "the auditor general's".

(2) Paragraph 43(8)(a) of the Act is amended by deleting the words "his or her" and substituting the words "the auditor's".

30. (1) Subsection 45(1) of the Act is amended by deleting the words and comma ", the clerk assistant".

(2) Subsection 45(2) of the Act is amended by deleting the words "his or her" and substituting the words "the auditor general's".

(3) Paragraph 45(4)(a) of the Act is amended by deleting the words "his or her" and substituting the words "the auditor general's".

(4) Subsection 45(7) of the Act is repealed and the following substituted:

(7) Section 20 of the Auditor General Act, 2021 does not apply to a member, the clerk or staff of the House of Assembly service and the statutory offices.

31. (1) Subsection 52(1) of the Act is amended by

(a) deleting the words "his or her own initiative" and substituting the words "the clerk's own initiative"; and

(b) deleting the words "his or her capacity" and substituting the words "the speaker's capacity".

(2) Subsection 52(4) of the Act is amended by

(a) deleting the words "his or her" and substituting the words "the member's"; and

(b) deleting the words "he or she" and substituting the words "the member".

(3) Subsection 52(5) of the Act is amended by deleting the words "he or she" and substituting the words "the commissioner".

(4) Subsection 52(7) of the Act is amended by deleting the words "he or she" and substituting the words "the member".

(5) Subsection 52(10) of the Act is amended by deleting the words "he or she" and substituting the words "the speaker".

32. (1) Subsection 53(1) of the Act is repealed and the following substituted:

Enforcement of duties

53. (1) Where a person believes in good faith that a member, the speaker, deputy speaker, clerk, member of the House of Assembly service or the commission is failing to observe or comply with a duty imposed under this Act, the person may begin a proceeding in the Supreme Court by way of originating application seeking a mandatory order that the duty be complied with, together with consequential or declaratory relief.

(2) Subsection 53(2) of the Act is amended by deleting the words "he or she" and substituting the words "the claimant".

(3) Subsection 53(3) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

33. Paragraph 54(1)(d) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the employee"; and

(b) deleting the words "his or her" and substituting the words "the employee's".

34. Subsection 55(1) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the employee or member"; and

(b) deleting the words "his or her" and substituting the words "the employee's or member's".

35. (1) Subsection 58(5) of the Act is amended by deleting the words "he or she" and substituting the words "the investigator".

(2) Subsection 58(6) of the Act is amended by deleting the words "he or she" and substituting the words "the investigator".

(3) Subsection 58(7) of the Act is amended by deleting the words "his or her" and substituting the words "the investigator's".

36. (1) Paragraph 59(1)(a) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's".

(2) Subsection 59(2) of the Act is amended by deleting the words "him or her" and substituting the words "the employee or former employee".

37. Subsection 60(2) of the Act is amended by deleting the words "his or her" and substituting the words "either of their".

38. Section 62 of the Act is amended by deleting the words "he or she" and substituting the words "the supervisor, speaker, clerk or investigator".

RSNL1990 cP-43 Amdt.

39. Subparagraph 4(1)(a)(i) of the Public Service Commission Act is repealed and the following substituted:

(i) the Clerk, Law Clerk and Parliamentary Counsel and Sergeant-at-Arms of the House of Assembly,

Commencement

40. This Act is considered to have come into force on July 20, 2023.