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SNL2001 CHAPTER O-7.1

ORDER OF NEWFOUNDLAND AND
LABRADOR ACT

Amended:

2001 cN-3.1 s2; 2005 c48; 2009 c45 s1

CHAPTER O-7.1

AN ACT TO ESTABLISH THE ORDER OF NEWFOUNDLAND AND LABRADOR

(Assented to May 24, 2001 )

Analysis



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 Order of Newfoundland and Labrador Act.

2001 cO-7.1 s1

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Definitions

        2. In this Act

             (a)  "council" means the Order of Newfoundland and Labrador Advisory Council established in section 12;

             (b)  "Order" means the Order of Newfoundland and Labrador established in section 3; and

             (c)  "secretary" means the secretary of the council appointed under section 14.

2001 cO-7.1 s2

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Order established

        3. The Order of Newfoundland and Labrador is established.

2001 cO-7.1 s3

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Object of Order

        4. The object of the Order is to recognize individuals who have demonstrated excellence and achievement in any field of endeavour benefiting in an outstanding manner the province and its residents.

2001 cO-7.1 s4

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Chancellor

        5. (1) The Lieutenant-Governor, by virtue of his or her office, is a member of the Order and is the Chancellor of the Order.

             (2)  A person who becomes a member of the Order by virtue of holding the Office of Lieutenant-Governor is a member of the Order for life, unless he or she resigns or his or her membership is terminated under section 15.

2001 cO-7.1 s5

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Evidence of membership

        6. (1) On being invested into the Order, a person is a member of the Order for life unless the member resigns or his or her membership is terminated under section 15.

             (2)  A member of the Order shall receive a certificate signed by the Chancellor and sealed with the seal of the Order as evidence of membership and shall be presented with the insignia of the Order.

2001 cO-7.1 s6

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Privileges of Order

        7. A member of the Order is entitled to wear the insignia of the Order as a decoration and to use the initials "O.N.L." after his or her name.

2001 cO-7.1 s7

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Eligibility for membership

        8. (1) Canadian citizens who are current or former long-term residents of the province are eligible to be nominated for and to receive the Order.

             (2)  In addition to the individuals referred to in subsection (1), an individual who is not a Canadian citizen or current or former long-term resident of the province but who has demonstrated excellence in his or her field of endeavour, and his or her endeavours have benefited in an outstanding manner the province and its residents, may be nominated for and may be invested into the Order as an honorary member.

             (3)  The following are not eligible to be nominated for or to receive the Order while they are in office:

             (a)  members of the House of Assembly or the legislative assembly of a province, or members of the Senate or the House of Commons of Canada;

             (b)  members of the St. John's Municipal Council, the Corner Brook City Council, the Mount Pearl City Council, or of a town council, regional council or local service district committee continued or established under the Municipalities Act, 1999, or of a council of a similarly constituted local government in another province;

             (c)  members of an assembly or local government established under a land claims agreement made under section 35 of the Constitution Act, 1982 (Canada), and members of a band council established in accordance with the Indian Act (Canada); and

             (d)  judges of a court.

             (4)  The Order shall not be conferred posthumously except in the case of a nominee who dies after being recommended under section 10 to receive the Order.

2001 cO-7.1 s8; 2009 c45 s1

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Nomination process

        9. An individual or organization may nominate an individual for the Order by submitting the name of the individual to the secretary of the council.

2001 cO-7.1 s9

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Council to consider nominations

      10. The council shall consider nominations received under section 9, and shall submit to the Chancellor the names of not more than 8 individuals in each year who in the opinion of the council are worthy of receiving the Order.

2001 cO-7.1 s10

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Appointment process

      11. The Chancellor shall invest the individuals whose names are submitted by the council with the Order.

2001 cO-7.1 s11

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Council established

      12. (1) The Order of Newfoundland and Labrador Advisory Council is established consisting of

             (a)  the Clerk of the Executive Council who is a member by virtue of his or her office;

             (b)  2 individuals who are members of the Order who shall be selected and appointed by the Lieutenant-Governor in Council, each for a term of 3 years; and

             (c)  not more than 4 individuals appointed by the Lieutenant-Governor in Council, each for a term of 3 years.

             (2)  The Lieutenant-Governor in Council shall appoint a chairperson from among the members of the council, and in the event that that member cannot act as chairperson, an alternate chairperson.

             (3)  A member of the council appointed under paragraph (1)(b) or (c) is eligible for reappointment for one additional term and, in any event, serves until reappointed or his or her successor is appointed.

          (3.1)  Notwithstanding paragraph (1)(b) and subsection (3), where a member of the Order is not available to serve as a member of the council, the Lieutenant-Governor in Council may appoint a person who is not a member of the Order to the council for the term referred to in paragraph (1)(b) or for the remainder of the term of the member of the Order he or she is replacing.

             (4)  The chairperson and members of the council are not entitled to remuneration, but may be reimbursed for expenses reasonably incurred in carrying out their responsibilities, in accordance with rates established for the public service.

2001 cO-7.1 s12; 2001 cN-3.1 s2; 2005 c48 s1

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Duties of the council

      13. (1) The council shall meet at least once in each year

             (a)  for the purpose set out in section 10; and

             (b)  for other reasons related to the Order that the council considers necessary.

             (2)  The council may determine the procedures for the conduct of its business.

             (3)  The deliberations of the council shall be kept confidential.

2001 cO-7.1 s13

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Secretary of the council

      14. (1) The Lieutenant-Governor in Council may appoint an employee of the government to be the secretary of the council.

             (2)  The secretary shall

             (a)  maintain the records of the Order and the council;

             (b)  receive nominations for the Order on behalf of the council under section 9;

             (c)  make the arrangements associated with investitures; and

             (d)  perform the functions with respect to the Order that the council may require.

2001 cO-7.1 s14

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Resignation from Order

      15. (1) A member of the Order may resign from the Order by giving written notice of intention to resign, signed by the member, to the Chancellor.

             (2)  The Chancellor may terminate a person's membership in the Order, on the recommendation of the council, by revoking the certificate of the member.

             (3)  A person who ceases to be a member of the Order under subsection (1) or (2) shall immediately return to the secretary the certificate and the insignia of the Order that were presented to him or her on investiture with the Order.

2001 cO-7.1 s15

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Offence and penalty

      16. A person who is not a member of the Order and who

             (a)  holds himself or herself out as a member of the Order;

             (b)  displays or uses an insignia of the Order; or

             (c)  uses the initials of the Order after his or her name,

is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000.

2001 cO-7.1 s16

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Regulations

      17. The Lieutenant-Governor in Council may make regulations

             (a)  prescribing the insignia of the Order;

             (b)  respecting the manner of nominating a person for membership in the Order and the consideration of nominations by the council; and

             (c)  respecting other matters the Lieutenant-Governor in Council considers necessary to carry out the purpose of this Act.

2001 cO-7.1 s17

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Commencement

      18. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.  (In force - Mar. 15/02)

2001 cO-7.1 s18