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SNL2016 CHAPTER R-15.2

ROOMS ACT, 2016
[To be Proclaimed ]

Amended:

 

CHAPTER R-15.2

AN ACT RESPECTING THE ROOMS
CORPORATION

(Assented to December 14, 2016)

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 Rooms Act, 2016.

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Definitions

        2. In this Act

             (a)  "abandoned record" means a government record to which ownership cannot be established and which has been determined to be an abandoned record by the chief information officer;

             (b)  "archival record" means a record of archival value;

             (c)  "archives" means the archives operated by the corporation and includes the archival records in the care and control of the corporation;

             (d)  "art" means a work produced by the conscious use of a person's skill and imagination that may incorporate aesthetic ideas and objects;

             (e)  "art gallery" means an art gallery operated by the corporation and includes the art in the care and control of the corporation;

             (f)  "auditor general" means the auditor general of Newfoundland and Labrador appointed under the Auditor General Act and includes all employees acting under the auditor general’s direction;

             (g)  "board" means the board of directors of the corporation referred to in section 12;

             (h)  "cabinet record" means a record that

                      (i)  is advice, recommendations or policy considerations submitted or prepared for submission to the Cabinet,

                     (ii)  is draft legislation or regulations submitted or prepared for submission to the Cabinet,

                    (iii)  is a memorandum, the purpose of which is to present proposals or recommendations to the Cabinet,

                    (iv)  is a discussion paper, policy analysis, proposal, advice or briefing material prepared for Cabinet, excluding the sections of these records that are factual or background material,

                     (v)  is an agenda, minute or other record of Cabinet recording deliberations or decisions of the Cabinet,

                    (vi)  is used for or which reflects communications or discussions among ministers on matters relating to the making of government decisions or the formulation of government policy,

                   (vii)  is created for or by a minister for the purpose of briefing that minister on a matter for the Cabinet,

                  (viii)  is created during the process of developing or preparing a submission for the Cabinet, and

                    (ix)  a portion of which contains information about the contents of a record within a class of information referred to in paragraphs (i) to (viii);

              (i)  "chief executive officer" means the chief executive officer appointed under subsection 10(1);

              (j)  "chief information officer" means the Chief Information Officer of the Office of the Chief Information Officer;

             (k)  "corporation" means The Rooms Corporation of Newfoundland and Labrador continued under subsection 3(1);

              (l)  "department" means, unless the context indicates otherwise, the department presided over by the minister;

           (m)  "government record" means a record created by or received by a public body in the conduct of its affairs and includes a cabinet record, transitory record and an abandoned record;

             (n)  "historic artifact" means a work of nature or of humans that is primarily of value for its archaeological, palaeontological, prehistoric, historic, cultural, natural, scientific or aesthetic interest;

             (o)  "minister" means, unless the context indicates otherwise, the minister appointed under the Executive Council Act to administer this Act;

             (p)  "museum" means a museum operated by the corporation and includes the historic artifacts and natural history specimens in the care and control of the corporation;

             (q)  "provincial archivist" means the person appointed under section 11;

              (r)  "public body" means

                      (i)  a department created under the Executive Council Act or a branch of the executive government of the province,

                     (ii)  a corporation, the ownership of which, or a majority of shares of which is vested in the Crown,

                    (iii)  a corporation, commission, board or other body, the majority of the members of which, or the majority of members of the board of directors of which are appointed under an Act of the province, the Lieutenant-Governor in Council or a minister of the Crown,

                    (iv)  a court established under an Act of the province, and

                     (v)  the House of Assembly and committees of the House of Assembly;

             (s)  "record" means correspondence, a memorandum, form, paper, parchment, manuscript, map, plan, drawing, painting, print, photograph, magnetic tape, computer disc, electronically produced document, microform and all other documentary material regardless of physical form or characteristic; and

              (t)  "transitory record" means a government record of temporary usefulness in any format or medium having no ongoing value beyond an immediate and minor transaction or the preparation of a subsequent record.

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Corporation

        3. (1) There is continued as a corporation The Rooms Corporation of Newfoundland and Labrador .

             (2)  The corporation shall assume title to and shall be vested with all of the rights, liabilities, assets and property of

             (a)  The Rooms Corporation of Newfoundland and Labrador Inc. established as a corporation under the Corporations Act ;

             (b)  the Provincial Archives of Newfoundland and Labrador ; and

             (c)  the Newfoundland and Labrador Museum .

             (3)  The Corporations Act shall not apply to the corporation.

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Objects of corporation

        4. The objects of the corporation are to

             (a)  collect, preserve, present, exhibit and make available for research the historic artifacts, natural history specimens and archival records that represent and illustrate the significant history, culture and natural heritage of the province;

             (b)  conduct research with respect to the history, natural history, culture and heritage of the province for the purpose of paragraph (a);

             (c)  collect and present provincial, national and international contemporary and historic art;

             (d)  advance and promote the works of contemporary visual artists of the province;

             (e)  support the development of cultural industries in the province;

             (f)  strengthen the culture of the province;

             (g)  develop and conduct programs and events that represent and illustrate the significant history, culture and heritage of the province; and

             (h)  provide and enhance client services and partnerships to promote the cultural collections of the province and to show other national and international collections.

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Status of corporation

        5. (1) The corporation is an agent of the Crown.

             (2)  Where property is acquired by the corporation, it shall be acquired in the name of the corporation.

             (3)  Title to the property of the corporation shall be held in the name of the corporation and shall be the property of the Crown.

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Powers of corporation

        6. (1) In carrying out its objects under this Act, the corporation may

             (a)  acquire by purchase or lease real, personal, movable and immovable property, including securities and hold, manage or dispose of them as the corporation may determine;

             (b)  acquire by gift, bequest or devise real, personal, movable and immovable property, including securities and expend, administer or dispose of that property, subject to terms, if any, on which that property was given, bequeathed or devised to the corporation;

             (c)  enter into partnership, sponsorship and other contractual agreements that further the objects of the corporation;

             (d)  lease its property;

             (e)  operate restaurants, special events, parking facilities, shops and other facilities for the use of the public and lease or otherwise make available, on terms and conditions that the corporation considers appropriate, those facilities or space;

             (f)  expend money appropriated by the Legislature of the province for the corporation;

             (g)  expend money received by the corporation from its operations including money received by it from leasing or otherwise making available facilities or space referred to in paragraph (e);

             (h)  establish classes of membership for the support of the corporation and for that purpose may establish fee, donation and support amounts applicable to those classes;

              (i)  charge fees for the purpose of the operation of the facilities of the corporation; and

              (j)  generally, do and authorize those things that the corporation considers necessary for the attainment of its objects and the exercise of the powers of the corporation.

             (2)  Property acquired by the corporation under paragraphs (1)(a) and (b) shall be acquired or accepted subject to the advice and direction of the chief executive officer.

             (3)  Unless otherwise demonstrated or agreed upon between the owner of the archival record, artifact or specimen and the chief executive officer, archival records, historic artifacts and natural history specimens in the care and control of the corporation are the property of the Crown.

             (4)  Notwithstanding paragraphs (1)(a) and (b), the corporation shall not acquire or sell real property without the prior consent, in writing, of the minister.

             (5)  The corporation may conduct activities jointly with the department and may enter into agreements with respect to the shared funding of activities.

             (6)  The deputy minister of the department may request that the corporation provide professional expertise and technical services to the department and the corporation shall comply with that request.

             (7)  The corporation may apply for an order under the Rules of the Supreme Court, 1986 for the recovery of records, historic artifacts, art or other property to which the corporation is entitled.

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Archaeological objects and significant fossils

        7. The corporation shall be the official repository for the archaeological objects and significant fossils as those terms are defined in the Historic Resources Act .

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Archives, art galleries and museums

        8. (1) The corporation shall operate and have the care and control of the archives, art galleries and museums.

             (2)  The purpose of the archives is to

             (a)  collect, catalogue, conserve, preserve, study and exhibit archival records of significance to the province; and

             (b)  enlighten and educate people respecting the history of the province.

             (3)  The purpose of an art gallery is to

             (a)  present and interpret art with a strong but not exclusive focus on the province and to reflect the culture of the province;

             (b)  research, present and interpret art in a professional manner;

             (c)  educate, publish and advocate with respect to art;

             (d)  exhibit the works of contemporary and historic artists of the province, Canada and elsewhere;

             (e)  enter into lease and loan agreements for the exhibition of art under the care and control of the corporation;

             (f)  extend expertise in art to communities in the province; and

             (g)  expand access to art, especially art created by artists of the province to audiences within and outside the province.

             (4)  The purpose of a museum is to

             (a)  collect, catalogue, conserve, preserve, study and exhibit historic artifacts and natural history specimens of significance to the province; and

             (b)  enlighten and educate people respecting the history of the province.

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Responsibilities

        9. The corporation shall

             (a)  develop programs relating to archival records;

             (b)  consult and co-operate with the person referred to in subsection 5(3) of the Management of Information Act to ensure the efficient implementation of information management policies and procedures and the preservation of archival government records;

             (c)  make archival records available to the general public where the corporation determines that the physical condition of those archival records makes that availability feasible;

             (d)  preserve archival records that the corporation determines are of significance to the province;

             (e)  discover, collect, manage and preserve archival records having a bearing upon the history of the province including records originating from private sources;

             (f)  arrange and describe all archival records in its care and control;

             (g)  receive abandoned records determined by the chief information officer to be abandoned records, and dispose of the records in accordance with the Management of Information Act ;

             (h)  subject to the approval of the chief executive officer, dispose of records as required and in accordance with record disposal standards and recommendations of the committee established under section 5.1 of the Management of Information Act ;

              (i)  acquire art;

              (j)  make art under the care and control of the corporation available to the public through exhibition in the province and by loan or lease to other jurisdictions outside the province where the corporation determines that the physical condition of the art makes that availability feasible;

             (k)  arrange for the exhibit of art created both in and outside the province;

              (l)  develop and maintain a collections policy and procedures based upon national standards for the art under the care and control of the corporation;

           (m)  develop programs relating to museums;

             (n)  make historic artifacts and natural history specimens under the care and control of the corporation available to the general public where the corporation determines that the physical condition of those artifacts and specimens makes that availability feasible;

             (o)  exhibit in the province historic artifacts and natural history specimens;

             (p)  acquire, discover, collect, manage and preserve historic artifacts and natural history specimens having a bearing upon the history of the province; and

             (q)  operate within the budget allocated by the board.

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Chief executive officer

      10. (1) The Lieutenant-Governor in Council shall appoint, after consultation with the board, a chief executive officer of the corporation who shall hold office on the terms and conditions established by the Lieutenant-Governor in Council.

             (2)  The chief executive officer

             (a)  is responsible for the human resources, general direction, supervision and control of the finances and other business of the corporation;

             (b)  shall exercise the general management, regulation and control of the archives, museum and art gallery;

             (c)  shall consult with the public with respect to the strategic plan and the ongoing activities and operations of the corporation;

             (d)  shall, at the request of the board, attend meetings of the board;

             (e)  shall operate under the direction of the board; and

             (f)  has those other powers that may be conferred on him or her under this Act.

             (3)  The chief executive officer may

             (a)  subject to an agreement lend archival records, art, historic artifacts and natural history specimens under the care and control of the corporation;

             (b)  subject to an agreement borrow archival records, art, historic artifacts and natural history specimens from other institutions and individuals both in and outside the province;

             (c)  enter into custodial and other agreements for the loan and lease of archival records, art, historic artifacts and natural history specimens; and

             (d)  enter into lease, loan and other agreements for the exhibition of archival records, art, historic artifacts and natural history specimens.

             (4)  Where the chief executive officer is absent or unable to perform the duties of his or her office or that office is vacant, the Lieutenant-Governor in Council in consultation with the chairperson may authorize a person to act as chief executive officer until the chief executive officer returns or is replaced.

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Provincial archivist

      11. There shall be a provincial archivist for the province who shall be appointed by the chief executive officer and employed in the manner permitted by law.

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Board

      12. (1) The board of directors of the corporation shall consist of the following members:

             (a)  the deputy minister or an assistant deputy minister of the department; and

             (b)  no fewer than 10 persons appointed by the Lieutenant-Governor in Council.

             (2)  The Lieutenant-Governor in Council shall designate one member of the board to be the chairperson.

             (3)  The chairperson shall appoint a vice-chairperson, treasurer and secretary from among the board members in consultation with the board.

             (4)  During the incapacity or absence of the chairperson or during a vacancy of the chairperson, the vice-chairperson has and may exercise the powers of the chairperson and shall perform his or her duties.

             (5)  A member of the board appointed under paragraph (1)(b) shall hold office for 3 years and may be reappointed for a second term of 3 years.

             (6)  Notwithstanding subsection (5), a member shall continue as a member of the board until he or she is reappointed or replaced.

             (7)  Notwithstanding subsection (1), a vacancy on the board does not impair the authority of the other members to conduct the affairs of the board and of the corporation.

             (8)  Where a board member appointed under paragraph (1)(b)

             (a)  misses a number of meetings, as prescribed in the by-laws, of the board; or

             (b)  conducts himself or herself in a manner that is contrary to the by-laws,

his or her position as a member of the board may be declared to be vacant by a majority vote of the members of the board and the Lieutenant-Governor in Council shall fill that position where the absence of that director would bring the number of board members to fewer than 11.

             (9)  A board member is not entitled to remuneration for his or her services but may be reimbursed by the corporation for reasonable expenses incurred in the performance of his or her duties in accordance with a scale for expenses for public employees.

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Board powers and duties

      13. (1) The board has those powers and shall carry out those duties conferred or required under this Act or another Act of the province and shall implement the policies, systems and programs approved and directed by the minister and the Treasury Board.

             (2)  The board has the general management of the corporation and may exercise the powers of the corporation.

             (3)  The chairperson shall preside over all meetings of the board but during his or her absence or vacancy from the office of chairperson, the vice chairperson or another member elected by the board shall preside over meetings and may exercise the powers of the chairperson at that meeting.

             (4)  The board may employ directors, managers, staff and employees of the corporation in the manner permitted by law as is considered necessary for the operations and purposes of the corporation in accordance with the budget approved by the minister for the financial year in which the chief executive officer, directors, managers, staff and other employees are employed with the corporation.

             (5)  The board may appoint those committees consisting of members of the board or other persons that the board considers necessary for the management of the affairs of the corporation.

             (6)  The board may establish and administer a fund for the purpose of supporting, preserving, acquiring and presenting collections for the corporation and for the purpose of conducting programs and educating the public with respect to cultural resources that are determined by the corporation to be of significance to the province.

             (7)  The board may establish and incorporate a foundation for charitable purposes.

             (8)  A corporation established by the board under the authority of subsection (7) shall apply for charitable status under the Income Tax Act (Canada ).

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By-laws

      14. (1) The board may, subject to the approval of the minister, make by-laws

             (a)  for the regulation of its proceedings;

             (b)  for the establishment of special and standing committees of the board, the delegation to those committees of its duties and the fixing of a quorum for meetings of those committees;

             (c)  for the establishment of advisory committees consisting of members of the board and persons other than those members; and

             (d)  generally for the conduct and management of its activities.

             (2)  Where the by-laws conflict with this Act, this Act prevails.

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Financial year

      15. The financial year of the corporation shall correspond with the financial year of the government of the province.

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Payments to corporation

      16. The Minister of Finance may, from money voted by the Legislature for the purpose, make available and pay to the corporation funds for the proper carrying out of its powers, functions and duties.

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Short-term loans

      17. (1) The corporation may raise short-term loans

             (a)  in the manner and form;

             (b)  in the amounts;

             (c)  in the currencies;

             (d)  for a period not exceeding 2 years;

             (e)  at the rates of interest, including interest on overdue interest; and

             (f)  on the conditions, including conditions relating to discounts, premiums, charges and commissions,

that the corporation may determine.

             (2)  The total of short-term loans raised under subsection (1) and outstanding shall not exceed a limit or a purpose to be fixed by the Lieutenant-Governor in Council, and it is the duty of the minister to ensure that this total or purpose is not exceeded.

             (3)  The Minister of Finance may unconditionally guarantee the

             (a)  repayment of a sum raised under subsection (1);

             (b)  payment of interest on a sum raised under subsection (1), including interest on overdue interest; and

             (c)  payment of a premium.

             (4)  The guarantees made under subsection (3) shall not exceed a limit to be fixed by the Lieutenant-Governor in Council, and it is the duty of the minister to ensure that this total is not exceeded.

             (5)  A guarantee given under this section shall be in the form that the Minister of Finance approves and shall be signed on behalf of the province by the Minister of Finance.

             (6)  Notwithstanding paragraph (1)(d), the corporation may, with the prior approval of the Lieutenant-Governor in Council, raise a short-term loan under this section for a period of more than 2 years.

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Minutes to be kept

      18. The members of the board shall ensure that regular minutes of the meetings of the board are kept, and shall ensure that complete books of account and records are kept.

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Financial statements, reports and other information

      19. The board shall provide to the minister the financial statements, reports and other information that the minister may request.

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Auditor

      20. (1) The corporation shall appoint the auditor general to audit the annual financial statements of the corporation.

             (2)  For the purpose of an audit, examination or investigation of the corporation conducted by the auditor general the corporation shall, upon request,

             (a)  deliver to the auditor general the financial statements of the corporation;

             (b)  make available to the auditor general all working papers, reports, schedules and other documents required for the audit; and

             (c)  provide to the auditor general a full explanation of work performed, tests and examinations made and the results obtained, and other information the auditor general may require.

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Head office

      21. The head office of the corporation shall be at St. John’s .

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Public service

      22. The chief executive officer and employees of the corporation shall be considered to be employed in the public service for the purposes of the Public Service Pensions Act, 1991 and the Public Service Collective Bargaining Act shall apply to employees of the corporation.

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Archival records

      23. (1) The corporation shall be the official repository for the archival records of public bodies.

             (2)  Where it is not practical or feasible for the corporation to store an archival record, the chief executive officer may designate another site as the official repository for that archival record.

             (3)  Notwithstanding subsection (2), where a public body produces, prints, publishes or releases a document for general or limited distribution to the public, that public body shall deposit that document with the Legislative Library of the House of Assembly.

             (4)  Where the Director of Information Management for the House of Assembly considers a

             (a)  document referred to in subsection (3); or

             (b)  record,

that is deposited with the Legislative Library to be a government record, that director shall ensure that the document or record is transferred to the corporation.

             (5)  Where the provincial archivist has received a government record that he or she is of the opinion is a document as described in subsection (3), the provincial archivist shall transfer that document to the Legislative Library of the House of Assembly.

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Records access

      24. Archival records in the care and control of the corporation are available for public inspection except where otherwise prohibited

             (a)  under a law of the province;

             (b)  by reason of the physical condition of the archival record;

             (c)  by order of the Lieutenant-Governor in Council;

             (d)  under the terms and conditions of an agreement, bequest or other gift; or

             (e)  at the request, in writing, of the public body that has given the archival records to the corporation.

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Restriction

      25. (1) A public body that wishes to respond to a request under section 11 of the Access to Information and Protection of Privacy Act, 2015 with respect to a government record that it intends to transfer to the corporation shall transfer that record to the corporation with instructions, in writing, that all requests for access to that record be transferred to it in accordance with section 14 of the Access to Information and Protection of Privacy Act, 2015 , and the Access to Information and Protection of Privacy Act, 2015 shall apply to that record as if it was still under the care and control of that public body.

             (2)  Where, in accordance with subsection (1), the corporation receives instructions from a public body to restrict access to a government record, the corporation shall comply with those instructions.

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Copies

      26. The signature of the provincial archivist on a copy of a record is proof of the fact that the record exists and is lawfully in the possession of the corporation and a copy so signed is a true copy of the original record.

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Destruction prohibited

      27. (1) A person shall not, except with the written consent of the provincial archivist and the approval of the chief executive officer, the board and the minister, remove, dispose of or destroy archival records.

             (2)  A person shall not, except with the written consent of the chief executive officer and the approval of the board and the minister, move, destroy, alter or interfere with, remove from the corporation or agree to remove from the corporation, an historic artifact, natural history specimen or art that is in the care and control of the corporation.

             (3)  Notwithstanding subsection (2), a person may move and remove an historic artifact, natural history specimen or art in accordance with a loan or lease agreement entered into by the chief executive officer in the normal course of the operations of the corporation.

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Offence

      28. (1) A person who contravenes a provision of this Act or a regulation made under this Act, commits an offence and is liable on summary conviction to a fine of not less than $1,000 and not more than $50,000 and in default of payment to imprisonment for a term of not fewer than 3 months and not more than 18 months or to both a fine and imprisonment.

             (2)  In addition to a penalty imposed under subsection (1), a Provincial Court judge may make an order that

             (a)  the offender convicted of an offence under subsection (1) pay a fine equal to the judge’s estimated amount of monetary benefit that accrued to the offender as a result of his or her offence;

             (b)  the offender convicted of an offence under subsection (1) pay a fine equal to the judge’s estimated amount necessary to restore and repair an archival record, historic artifact, natural history specimen or art damaged or altered during or as a consequence of the commission of the offence; and

             (c)  an archival record, historic artifact, natural history specimen or art that is the subject of an offence be returned to the possession of the corporation.

             (3)  Money paid into court as a result of an order under subsection (2) shall be paid out of the court to the corporation.

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Regulations

      29. The Lieutenant-Governor in Council may make regulations

             (a)  respecting the operation and management of the corporation;

             (b)  respecting the establishment and administration of a fund for the purposes of the corporation;

             (c)  respecting the acquisition, lending and leasing of archival records, art, historic artifacts and natural history specimens by and of the corporation;

             (d)  respecting the acquisition and holding of property;

             (e)  respecting the preservation and protection of records, art, historic artifacts and natural history specimens of the corporation;

             (f)  defining a word or phrase used but not defined in this Act; and

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

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SNL2015 cA-1.2 Amdt.

      30. (1) Paragraph 5(1)(h) of the Access to Information and Protection of Privacy Act, 2015 is repealed and the following substituted:

             (h)  material placed in the custody of The Rooms Corporation of Newfoundland and Labrador by or for a person other than a public body;

             (2)  Subsection 38(2) of the Act is repealed and the following substituted:

             (2)  Subsection (1) does not apply where the information is in a record that is in the custody or control of The Rooms Corporation of Newfoundland and Labrador or the archives of a public body and that has been in existence for 50 years or more.

             (3)  Paragraph 39(3)(b) of the Act is repealed and the following substituted:

             (b)  the information is in a record that is in the custody or control of The Rooms Corporation of Newfoundland and Labrador or the archives of a public body and that has been in existence for 50 years or more.

             (4)  Paragraph 68(1)(m) of the Act is repealed and the following substituted:

           (m)  to The Rooms Corporation of Newfoundland and Labrador , or the archives of a public body, for archival purposes;

             (5)  Section 71 of the Act is repealed and the following substituted:

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Disclosure for archival or historical purposes

      71. The Rooms Corporation of Newfoundland and Labrador , or the archives of a public body, may disclose personal information for archival or historical purposes where

             (a)  the disclosure would not be an unreasonable invasion of a third party’s personal privacy under section 40;

             (b)  the disclosure is for historical research and is in accordance with section 70;

             (c)  the information is about an individual who has been dead for 20 years or more; or

             (d)  the information is in a record that has been in existence for 50 years or more.

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RSNL1990 cH-4 Amdt.

      31. Paragraph 2(i) of the Historic Resources Act is repealed and the following substituted:

              (i)  "museum" means a museum defined under the Rooms Act, 2016 ;

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SNL2016 cI-2.1 Amdt.

      32. The Schedule to the Independent Appointments Commission Act is amended by deleting the statutory appointment reference "Rooms Act , subsections 7(1) and 10(1)" and replacing it with the statutory appointment reference "Rooms Act, 2016 , subsection 10(1) and paragraph 12(1)(b)".

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SNL2005 cM-1.01 Amdt.

      33. (1)  Paragraphs 2(a.1) and (a.2) of the Management of Information Act are repealed and the following substituted:

         (a.1)  "archives" means the archives as defined under the Rooms Act, 2016 ;

         (a.2)  "cabinet record" means a record that

                      (i)  is advice, recommendations or policy considerations submitted or prepared for submission to the Cabinet,

                     (ii)  is draft legislation or regulations submitted or prepared for submission to the Cabinet,

                    (iii)  is a memorandum, the purpose of which is to present proposals or recommendations to the Cabinet,

                    (iv)  is a discussion paper, policy analysis, proposal, advice or briefing material prepared for Cabinet, excluding the sections of these records that are factual or background material,

                     (v)  is an agenda, minute or other record of Cabinet recording deliberations or decisions of the Cabinet,

                    (vi)  is used for or which reflects communications or discussions among ministers on matters relating to the making of government decisions or the formulation of government policy,

                   (vii)  is created for or by a minister for the purpose of briefing that minister on a matter for the Cabinet,

                  (viii)  is created during the process of developing or preparing a submission for the Cabinet, and

                    (ix)  a portion of which contains information about the contents of a record within a class of information referred to in paragraphs (i) to (viii);

             (2)  Subsection 5(3) of the Act is repealed and the following substituted:

             (3)  A person appointed or employed under subsection (2) to be responsible for information and record management shall consult with The Rooms Corporation of Newfoundland and Labrador to ensure the efficient implementation of information management policies and procedures for the preservation of archival government records.

             (3)  Paragraph 5.1(1)(a) of the Act is repealed and the following substituted:

             (a)  the provincial archivist appointed under section 11 of the Rooms Act, 2016 ;

             (4)  Subsection 5.4(2) of the Act is repealed and the following substituted:

             (2)  The chief information officer may determine that records are abandoned records and shall transfer the custody of those records to The Rooms Corporation of Newfoundland and Labrador who shall dispose of the records in accordance with this Act.

2016 cR-15.2 s33

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SNL1991 c15 Amdt.

      34. Paragraph 29(d) of the Provincial Court Act, 1991 is repealed and the following substituted:

             (d)  subject to the Rooms Act, 2016 , providing for the safekeeping, inspection and destruction of books, documents and papers of the court;

2016 cR-15.2 s34

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RSNL1990 cS-26 Amdt.

      35. Subsection 6(4) of the Statutes Act is repealed and the following substituted:

             (4)  After remaining in the safekeeping and custody of the Clerk of the House of Assembly for a period of 40 years, the clerk shall deposit the bound Bills referred to in subsection (3) with The Rooms Corporation of Newfoundland and Labrador .

2016 cR-15.2 s35

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SNL2005 cR-15.1 Rep.

      36. The Rooms Act is repealed.

2016 cR-15.2 s36

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Commencement

      37. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.

2016 cR-15.2 s37