19

 


Second Session, 48th General Assembly

66 Elizabeth II, 2017

BILL 19

AN ACT TO AMEND THE HOUSE OF ASSEMBLY ACCOUNTABILITY, INTEGRITY AND ADMINISTRATION ACT NO. 3

Received and Read the First Time.................................................................................................

Second Reading.................................................................................................................................

Committee..........................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE ANDREW PARSONS, QC

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 to

·         impose a duty on the commission, officers and staff of the House of Assembly service to document advice, deliberations, decisions and recommendations of the commission;

·         establish a penalty for failure to document advice, deliberations, decisions and recommendations of the commission;

·         require the audit committee to review and report on whether the speaker and the commission have complied with the Act in relation to consideration of recommendations of the members’ compensation review committee;

·         change the quorum of the commission to a majority of its members, one of whom shall be the speaker or deputy speaker; and

·         correct inconsistencies in references to severance, pensions and allowances in the Act.


A BILL

AN ACT TO AMEND THE HOUSE OF ASSEMBLY ACCOUNTABILITY, INTEGRITY AND ADMINISTRATION ACT NO. 3

Analysis


        1.   S.11 Amdt.
Salaries, expenses, severance and pension

        2.   S.16 Amdt.
Inquiry re: members’ compensation

        3.   S.17 R&S

              Payment from CRF

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

        5.   S.21.1 Added

              Duty to document

        6.   S.23 Amdt.
Audit committee

        7.   S.66 R&S

              Offence


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

SNL2007 cH-10.01 as amended

        1. Paragraph 11(3)(a) of the House of Assembly Accountability, Integrity and Administration Act is repealed and the following substituted:

             (a)  severance, upon the conditions, in amounts and in accordance with the formula that may be determined by a directive of the commission; and

 

        2. (1) Subsection 16(1) of the Act is repealed and the following substituted:

Inquiry re: members’ compensation

      16. (1) At least once during each General Assembly, the House of Assembly shall by resolution appoint, upon those terms and conditions that are set out in the resolution, an independent committee, to be called a members' compensation review committee, of not more than 3 persons, none of whom shall be a member, to conduct an inquiry and prepare a report respecting the salaries, allowances, severance and pensions to be paid to members.

             (2)  Paragraph 16(5)(a) of the Act is repealed and the following substituted:

             (a)  submit the recommendations, as accepted or modified, relating to salaries, allowances, severance, pensions and other matters that may be necessary to be implemented by legislation, to the Minister of Finance or Justice and Public Safety, or other appropriate minister, for the preparation of a Bill to amend this Act or another Act accordingly; and

             (3)  Subsection 16(6) of the Act is repealed and the following substituted:

             (6)  A modification of the recommendations of a members' compensation review committee which may be made by the commission with respect to salaries, allowances, severance, pensions or other amounts for which a member may be entitled to claim reimbursement or payment on his or her behalf for reasonable and legitimate expenses, shall not exceed the maximums recommended by the committee in that regard.

 

        3. Section 17 of the Act is repealed and the following substituted:

Payment from CRF

      17. All salaries, allowances, severance and expenses payable under this Act shall be paid out of the Consolidated Revenue Fund.

 

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

             (8)  A quorum of the commission is a majority of its members, one of whom shall be the speaker or the deputy speaker.

 

        5. The Act is amended by adding immediately after section 21 the following:

Duty to document

   21.1 The commission, officers and staff of the House of Assembly service shall be responsible and accountable for ensuring that all advice, deliberations, decisions and recommendations of the commission that result from formal or informal meetings of the members of the commission are properly documented in accordance with the Records Management Policy of the House of Assembly.

 

        6. Subsection 23(7) of the Act is amended by adding immediately after paragraph (a) the following:

         (a.1)  review and report on whether the speaker and the commission have complied with subsections 16(5) and (6);

 

        7. Section 66 of the Act is repealed and the following substituted:

Offence

      66. (1) A person who fails to comply with section 21.1 is guilty of an offence.

             (2)  A person having a duty to document decisions and maintain records of the commission, the speaker, the clerk or staff member of the House of Assembly service and a person who without lawful authority destroys documentation recording decisions of the commission, the speaker or the clerk, or the advice and deliberations leading up to those decisions, is guilty of an offence.

             (3)  A person who is guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine of not more than $10,000 or to imprisonment up to 6 months.