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Statutes of Newfoundland 1991


CHAPTER 32

AN ACT TO AMEND THE STATUS OF WOMEN ADVISORY COUNCIL ACT

(Assented to December 11, 1991)

Analysis

1. S.1.1 Added
Definition

2. S.3 Amdt.
Duties

3. S.4 Amdt.
Members

4. S.6 Amdt.
Meetings

5. S.10 Amdt.
Powers

6. Sections Added

10.1 By-laws
10.2 Contracts
10.3 Advisory council fund
10.4 Property
10.5 Donations

7. S.11 R&S
Director of administration

8. S.12 Amdt.
Duties of director of administration

9. S.13(1) Amdt.
Staff

10. S.13.1 Added
Pensions

11. S.14 Amdt.
Annual report

12. S.15 Amdt.
Budget

13. S.16 R&S
16. General funds
16.1 Expenditure

14. S.18 R&S
Regulations

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


1980 c.18
as amended

1.. The Status of Women Advisory Council Act is amended by adding immediately after section 1 the following:

Definition

1.1 In this Act, "minister" means the minister designated by order of the Lieutenant-Governor in Council to be the minister responsible for the status of women.

2. Section 3 of the Act is amended by

(a) deleting the word "Premier" wherever it appears and substituting the word "minister";

(b) deleting the word "and" at the end of paragraph (b);

(c) deleting the period at the end of paragraph (c) and substituting a semi-colon and the word "and"; and

(d) adding immediately after paragraph (c) the following:

(d) establish the general policies that will govern the organization, administration and operation of the advisory council.

3. Section 4 of the Act is amended by adding after subsection (5) the following:

(6) No member of the advisory council is personally liable for loss or damage suffered by a person by reason of anything done or omitted to be done by that member in the execution of the office or in the exercise of or supposed exercise of, the powers given to the advisory council or to a member of the advisory council.

4. Subsection 6(1) of the Act is amended by deleting the words "and each such meeting shall continue for at least 2 days".

5. Section 10 of the Act is amended by

(a) removing the word "and" at the end of paragraph (e);

(b) removing the period at the end of paragraph (f) and by substituting a semi-colon; and

(c) adding immediately after paragraph (f) the following:

(g) appoint, promote or remove administrative and secretarial staff and all other employees except the president and vice-president;

(h) accept and disburse grants, gifts and bequests to the advisory council and payments for services and research;

(i) select a seal for the advisory council and retain sole custody and use of it;

(j) appoint advisory committees and pay the reasonable expenses incurred in connection with the work of a committee that the advisory council may approve;

(k) delegate to a committee, appointed under paragraph (j), those of the powers and duties of the advisory council that it thinks appropriate;

(l) provide facilities and grants, enter into agreements for research and prescribe the terms and conditions under which research may be conducted on behalf of the advisory council; and

(m) perform those other functions not inconsistent with this Act that it considers advisable for its proper administration and advancement.

6. The Act is further amended by adding immediately after section 10 the following:

By-laws

10.1 (1) The advisory council may, subject to the approval of the Lieutenant-Governor in Council, make by-laws for the regulation of its proceedings and generally for the conduct of its activities, including the establishment of special, standing and other committees of the advisory council.

(2) A by-law made under subsection (1) establishing an advisory committee of the advisory council may provide for the membership on it of persons other than members of the advisory council, in addition to members of the advisory council.

Contracts

10.2 The advisory council may enter into contracts with a government, a government agency or a government funded organization for the purpose of carrying out the provisions of this Act.

Advisory council fund

10.3 The advisory council may establish a fund to be called the advisory council fund, to which shall be credited those sums of money that may be paid to the advisory council for that purpose under section 10.5.

Property

10.4 The advisory council may, for the purpose of this Act, acquire, hold, manage and dispose of real and personal property, and may invest money standing to the credit of the advisory council in those investments that are authorized investments for a trustee under The Trustee Act or in those investments that are specifically approved by the Lieutenant-Governor in Council and may hold, manage and dispose of those investments.

Donations

10.5 (1) The advisory council may acquire money, securities and other property by gift, bequest or otherwise and may expend, administer or dispose of the money, securities or other property not forming part of the advisory council fund, subject to the terms upon which the money, securities or other property was given, bequeathed or otherwise made available to the advisory council.

(2) Where money is received by the advisory council by gift, bequest or otherwise and there are no terms upon which the money was given, the money shall be credited to the advisory council fund.

7. Section 11 of the Act is repealed and the following substituted:

Director of administration

11. (1) The advisory council may appoint a director of administration for the advisory council.

(2) The director of administration is responsible to the advisory council and for the purpose of this Act, shall be considered to be an employee of the advisory council.

(3) The advisory council may remove the director of administration for cause.

8. Section 12 of the Act is amended by deleting the words "administrative assistant" wherever they appear and substituting the words "director of administration".

9. Subsection 13(1) of the Act is amended by deleting the phrase "with the consent of the Premier" as well as the commas that appear before and after the phrase.

10. The Act is amended by adding the following immediately after section 13:

Pensions

13.1 The Public Service Pensions Act, 1991 applies to the president, vice-president, director of administration and secretarial staff and all other employees of the advisory council, as if they were employees of the government of the province; and, subject to the exceptions and conditions prescribed in that Act, those persons shall pay contributions to and participate in the pension plan established by that Act.

11. (1) Section 14 of the Act is amended by deleting the word "Premier" wherever it appears and substituting the word "minister".

(2) Subsection 14(1) of the Act is amended by deleting the phrase "three months" and substituting the phrase "6 months".

12. Subsection 15(1) of the Act is repealed and the following substituted:

15. (1) The advisory council shall not later than December 31 in a year, prepare, adopt and submit to the minister a budget containing estimates of sums required during the next financial year for the purposes of the advisory council, and in a budget there shall be set out the estimated revenue and expenditure in a detail and in a form that the minister may prescribe.

13. Section 16 of the Act is repealed and the following substituted:

General funds

16. (1) The general funds of the advisory council shall consist of

(a) money appropriated by the Legislature for that purpose;

(b) fees, gifts, bequests, grants or other money received by the advisory council for its general purposes and not subject to a special trust or condition;

(c) money that the advisory council may collect for its use or its facilities, or for research; and

(d) other money received by the advisory council for its general purposes.

(2) All payments required to be made from the funds of the advisory council shall be made by cheque or order signed by either the director of administration, or the president of the advisory council and another person that the advisory council may designate.

Expenditure

16.1 (1) The advisory council may pay all necessary expenses of its operations out of its general funds.

(2) Except with the approval of the minister, the advisory council shall not in a year incur, enter upon, or contract or become liable for an expenditure or indebtedness beyond or in excess of the estimated amount of expenditure set out in its budget.

14. Section 18 of the Act is repealed and the following substituted:

Regulations

18. The Lieutenant-Governor in Council may make regulations

(a) prescribing the remuneration to be paid to a member of the advisory council;

(b) setting the yearly salary of the president; and

(c) for carrying out the purposes of this Act.

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