68

 

First Session, 46th General Assembly

57 Elizabeth II, 2008

BILL 68

AN ACT TO AMEND THE HOUSE OF ASSEMBLY ACCOUNTABILITY, INTEGRITY AND ADMINISTRATION ACT NO. 2

Received and Read the First Time....................................... December 4, 2008

Second Reading............................................................... December 11, 2008

Committee..................................... Clause 19 Defeated - December 11, 2008

Third Reading................................................................... December 17, 2008

Royal Assent.................................................................... December 18, 2008

HONOURABLE JOAN BURKE

Government House Leader

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the House of Assembly Accountability, Integrity and Administration Act.

Clause 1 of the Bill would amend the definitions of "commissioner", "financial audit" and "statutory office" found in section 2 of the Act.

Clause 2 of the Bill would correct a grammatical error contained in paragraph 3(g) of the Act.

Clause 3 of the Bill would correct an incorrect reference to a time in office of the speaker contained in section 6 of the Act.

Clause 4 of the Bill would correct a grammatical error in paragraph 11(4)(b) of the Act.

Clause 5 of the Bill would amend paragraph 12(1)(g) of the Act to remove the reference to "recognized" in relation to a political party.  Clause 5 would also correct a typographical error found in paragraph 12(1)(k) of the Act.

Clause 6 of the Bill would add a provision to the Act respecting permitted absence from the House of Assembly because of pregnancy, adoption or parental leave requirements.  

The clause would add a provision to allow the speaker the discretion to permit members to be absent from the House of Assembly when the House of Assembly is in session provided that they are attending to constituency duties in their district.

Clause 7 of the Bill would amend subsection 14(1) of the Act to correct a reference to the time when a member qualified for payment of expenses, severance and pension.  This clause would also amend subsection 14(2) to disallow claiming expenses during the period of an election call.

Subclause 8(1) of the Bill would amend subsection 18(2) of the Act to require the speaker to cast a vote in the event of a tie at a meeting of the House of Assembly Management Commission as was recommended by Chief Justice Derek Green.  Subclause 8(2) of the Bill would correct a grammatical error contained in subsection 18(4).  Subclause 8(3) of the Bill would amend the requirement for a "quorum" in subsection 18(8) as agreed upon by the House of Assembly Management Commission.  Subclause 8(4) of the Bill would add a new subsection 18(11) to the Act to allow the House of Assembly Management Commission members to continue in office after an election is called until a new commission is appointed.

Subclause 9(1) of the Bill is amended to clarify that in the absence of a financial or management policy being established by the House of Assembly Management Commission for the House of Assembly and statutory offices, the financial and management policies of the government shall apply.

Subclause 9(2) of the Bill would change the time period within which an annual financial or compliance audit of the House of Assembly is to be completed.

Clause 10 of the Bill would amend paragraph 23(7)(d) of the Act to add a requirement for the audit committee to recommend that the House of Assembly Management Commission, where appropriate, approve and sign the financial statements.

Subclause 11(1) of the Bill would correct a typographical error in subsection 24(1) of the Act.  Subclause 11(2) would amend section 24 of the Act to add a provision allowing the House of Assembly Management Commission, on appeal, to vary a decision respecting expenses allowed under the rules where the decision is considered to be unjust.

Clause 12 of the Bill would correct a typographical error in paragraph 32(2)(a) and would amend an incorrect citation found in paragraph 32(2)(d) of the Act.

Clause 13 of the Bill would correct a typographical error contained in subsection 35(1) of the Act.

Clause 14 of the Bill would provide that the Commissioner for Legislative Standards, when investigating a matter under section 36 of the Act, would have the powers of a commissioner under the Public Inquiries Act, 2006.

Clause 15 of the Bill would add a reference to "statutory offices" to subsection 45(7) of the Act so that section 15 of the Auditor General Act respecting possible criminality which currently does not apply to the House of Assembly service and members would also not apply to statutory offices.  Section 45 of the House of Assembly Accountability, Integrity and Administration Act which has the same intent would apply instead.

Clause 16 of the Bill would amend section 48 of the Act to add a reference to the making of rules by the House of Assembly Management Commission with respect to tendering and conflict of interest matters.

Clause 17 of the Bill would correct a typographical error in paragraph 51(e) of the Act.

Subclause 18(1) of the Bill would correct 2 spelling errors to the word "citizen's" in paragraph 54(1)(c) and subclause 18(2) would correct an incorrect citation in subsection 54(2).

Clause 19 of the Bill would give the Citizens' Representative the power to be a party to an appeal to the Labour Relations Board with respect to a reprisal complaint by an employee under subsection 59(2) of the Act.  Under the Act the Citizens' Representative is the investigator of those disclosure reprisals.  Defeated

Clause 20 of the Bill would have the Bill come into force retroactively to the date that the Act originally came into force, except for the amendment to subsection 18(2) contained in clause 8 which relates to the voting of the speaker on decisions made by the House of Assembly Management Commission.

A BILL

AN ACT TO AMEND THE HOUSE OF ASSEMBLY ACCOUNTABILITY, INTEGRITY AND ADMINISTRATION ACT NO. 2

Analysis

        1.   S.2 Amdt.
Definitions

        2.   S.3 Amdt.
Purpose

        3.   S.6 Amdt.
Speaker term of office

        4.   S.11 Amdt.
Salaries, expenses, severance and pensions

        5.   S.12 Amdt.
Other remuneration

        6.   S.13 Amdt.
Time at duties

        7.   S.14 Amdt.
Commencement and termination dates

        8.   S.18 Amdt.
House of Assembly Management Commission

        9.   S.20 Amdt.
Duties and responsibilities of commission

      10.   S.23 Amdt.
Audit committee

      11.   S.24 Amdt.
Advance rulings on allowance use

      12.   S.32 Amdt.
Subordinate offices

      13.   S.35 Amdt.
Codes of conduct

      14.   S.37 Amdt.
Inquiry

      15.   S.45 Amdt.
Improper retention of public money

      16.   S.48 Amdt.
Application of Acts

      17.   S.51 Amdt.
Annual report of speaker

      18.   S.54 Amdt.
Interpretation

      19.   Defeated

      20.   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. (1) Paragraph 2(g) of the House of Assembly Accountability, Integrity and Administration Act is repealed and the following substituted:

             (g)  "commissioner", unless the context indicates otherwise, means the Commissioner for Legislative Standards appointed under the House of Assembly Act;

             (2)  Paragraph 2(i) of the Act is amended by deleting the number "5" and substituting the number "6".

             (3)  Subparagraph 2(r)(v) of the Act is amended by deleting the word "Citizen's" and substituting the word "Citizens' ".

 

        2. Paragraph 3(g) of the Act is amended by deleting the words "the responsibility of" and substituting the words "responsibility for the"

 

        3. Section 6 of the Act is amended by deleting the word "following" and substituting the words "immediately before".

 

        4. Paragraph 11(4)(b) of the Act is amended by deleting the word "or" and substituting the word "and".

 

        5. (1) Paragraph 12(1)(g) of the Act is repealed and the following substituted:

             (g)  leader of a third party, $18,367;

             (2)  Paragraph 12(1)(k) of the Act is amended by deleting the words and hyphen "chairperson-public" and substituting the words and comma "chairperson, public".

 

              6.  (1) Subsection 13(3) of the Act is amended by adding immediately after paragraph (a) the following:

          (a.1)  adoption, pregnancy or parental leave as established by directive;

             (2)  Paragraph 13(3)(e) of the Act is amended by deleting the figure "19.1" and substituting the figure "19.2".

             (3)  Section 13 of the Act is amended by adding immediately after subsection (3) the following:

          (3.1)  Notwithstanding paragraph (3)(e), the speaker may, under paragraph (3)(g), approve the absence of a member to attend to constituency duties within his or her constituency where the speaker is of the opinion that the absence is necessary and in accordance with directives of the commission.

 

        7. (1) Subsection 14(1) of the Act is amended by adding immediately after the words "until the" the words "day immediately before the".

             (2)  Subsection 14(2) of the Act is repealed and the following substituted:

             (2)  Notwithstanding subsection (1), a member shall not claim reimbursement of expenses under subsection 11(2) from the date an election is called until the date of his or her reelection as a member.

 

        8. (1) Subsection 18(2) of the Act is amended by adding immediately after the word "commission" the words and comma "and when presiding, shall vote in the case of a tie".

             (2)  Subsection 18(4) of the Act is repealed and the following substituted:

             (4)  Where there is no third party, the member chosen for the purposes of paragraph (3)(g) shall be an additional member from the official opposition caucus.

             (3)  Subsection 18(8) of the Act is repealed and the following substituted:

             (8)  A quorum of the commission shall be 50% of its members, but

             (a)  one member representing the government;

             (b)  one member representing a party in opposition to the government; and

             (c)  the speaker or the deputy speaker

shall be present during a meeting of the commission.

             (4)  Section 18 of the Act is amended by adding immediately after subsection (10) the following:

           (11)  Upon the dissolution of the House of Assembly, the commission members shall, until the members of the commission are replaced, be considered to remain in office as commission members as if there had been no dissolution.

 

        9. (1) Subsection 20(3) of the Act is repealed and the following substituted:

             (3)  Notwithstanding paragraph (1)(c), where a financial or management policy has not been established by the commission for the House of Assembly and statutory offices, the financial and management policies of the government shall apply.

             (2)  Paragraphs 20(5)(b) and (c) of the Act are repealed and the following substituted:

             (b)  ensure that an annual financial audit is completed of the accounts of the House of Assembly and the statutory offices in accordance with section 43 before September 1 immediately following the fiscal year to which that audit relates;

             (c)  ensure that a compliance audit is completed of the accounts of the House of Assembly and the statutory offices in accordance with section 43 at least once every General Assembly and reported on before September 1 immediately following the last fiscal year to which that audit relates;

 

      10. Paragraph 23(7)(d) of the Act is repealed and the following substituted:

             (d)  review the financial statements, audit report and recommendations of the auditor and give advice about them to the commission, including, where the committee considers it appropriate, recommending that the commission approve and sign the financial statements;

 

      11. (1) Subsection 24(1) of the Act is amended by deleting the comma immediately after the word "reimbursement".

             (2)  Section 24 of the Act is amended by adding immediately after subsection (8) the following:

             (9)  Notwithstanding that an expense claim has been denied by an officer, staff member or the speaker, in accordance with the rules, where there is an appeal to the commission under this section and the commission determines that that claimed expense amount

             (a)  has been incurred by the member; and

             (b)  is a permitted expense under the Act and rules; and

             (c)  does not exceed an expense amount or allowance allocation permitted under the rules,

and a denial of payment of the expense amount would, in the opinion of the commission, be unjust, the commission may approve the expenditure for the claimed expense to the extent that the commission considers to be just and the decision of the commission is final.

 

      12. (1) Paragraph 32(2)(a) of the Act is amended by deleting the word "Citizen's" and substituting the word "Citizens' ".

             (2)  Paragraph 32(2)(d) of the Act is amended by deleting the number "5" and substituting the number "6".

 

      13. Subsection 35(1) of the Act is amended by deleting the word "by" where it last occurs.

 

      14. Subsection 37(3) of the Act is amended by deleting the words "decides to conduct" and substituting the word "conducts".

 

      15. Subsection 45(7) of the Act is amended by adding immediately after the word "service" the words "and the statutory offices".

 

      16. Subsection 48(2) of the Act is amended by adding immediately before the word "directive" the words "rule or".

 

      17. Paragraph 51(e) of the Act is amended by adding a comma immediately after the word "salaries".

 

      18. (1) Paragraph 54(1)(c) of the Act is repealed and the following substituted:

             (c)  "investigator" means the citizens' representative appointed under the Citizens' Representative Act;

             (2)  Subsection 54(2) of the Act is repealed and the following substituted:

             (2)  Notwithstanding paragraph (1)(c), where a disclosure relates to the citizens' representative, the commissioner shall be the investigator for the purposes of this Part.

 

      19. [Clause 19 defeated]

Commencement

      20. This Act, except subsection 8(1), shall be considered to have come into force on June 14, 2007.

ŠEarl G. Tucker, Queen's Printer