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Statutes of Newfoundland 1991


CHAPTER 45

AN ACT TO AMEND CERTAIN DEPARTMENTAL ACTS AND THE NEWFOUNDLAND PUBLIC
SERVICE COMMISSION ACT, 1973

(Assented to December 11, 1991)

Analysis

1. Short title

2. Department of Development Act, 1989

3. Department of Education Act, 1990

4. Department of Employment and Labour Relations Act, 1989

5. Department of Environment and Lands Act, 1989

6. Department of Finance Act, 1989

7. Department of Fisheries Act, 1989

8. Department of Forestry and Agriculture Act, 1989

9. Department of Health Act

10. Department of Justice Act, 1989

11. Department of Mines and Energy Act, 1989

12. Department of Municipal and Provincial Affairs Act

13. Department of Social Services Act, 1990

14. Department of Works, Services and Transportation Act

15. Newfoundland Public Service Commission Act, 1973

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 Departmental Acts Amendment Act, 1991.

THE DEPARTMENT OF DEVELOPMENT ACT, 1989

1989 c.22

2. Sections 15 and 16 of The Department of Development Act, 1989 are repealed and the following substituted:

Agreements amended

15. Power to enter into an agreement shall include power to amend that agreement but, where the approval of the Lieutenant-Governor in Council to the original agreement is required, that approval is also required for an amending agreement.

Agreements made by minister

16. (1) Notwithstanding that the approval of the Lieutenant-Governor in Council is required for an agreement under subparagraph 6(a)(xvii) or section 13 or 14, and unless otherwise directed by the Lieutenant-Governor in Council, the minister may enter into an agreement under subparagraph 6(a)(xvii) or section 13 or 14 without the approval of the Lieutenant-Governor in Council where

(a) there are funds appropriated by the Legislature for the specific purpose; and

(b) the expenditure of the funds has been approved by the Lieutenant-Governor in Council for the department's budget for the fiscal year in which the agreement relates.

(2) Where the minister enters into an agreement under subsection (1), the minister may enter into an amending agreement, subject to those same terms, conditions and monetary limits required under subsection (1).

(3) Notwithstanding subsection (2), where an amendment to an agreement would result in the agreement, as amended, exceeding or violating the terms, conditions and monetary limits, the minister shall not enter into the amending agreement without first obtaining the approval of the Lieutenant-Governor in Council.

THE DEPARTMENT OF EDUCATION ACT, 1990

1990 c.26

3. Sections 10 and 11 of The Department of Education Act, 1990 are repealed and the following substituted:

Agreements amended

10. Power to enter into an agreement shall include power to amend that agreement but, where the approval of the Lieutenant-Governor in Council to the original agreement is required, that approval is also required for an amending agreement.

Agreements made by minister

11. (1) Notwithstanding that the approval of the Lieutenant-Governor in Council is required for an agreement under section 8 or 9, and unless otherwise directed by the Lieutenant-Governor in Council, the minister may enter into an agreement under section 8 or 9 without the approval of the Lieutenant-Governor in Council where

(a) there are funds appropriated by the Legislature for the specific purpose; and

(b) the expenditure of the funds has been approved by the Lieutenant-Governor in Council for the department's budget for the fiscal year in which the agreement relates.

(2) Where the minister enters into an agreement under subsection (1), the minister may enter into an amending agreement, subject to those same terms, conditions and monetary limits required under subsection (1).

(3) Notwithstanding subsection (2), where an amendment to an agreement would result in the agreement, as amended, exceeding or violating the terms, conditions and monetary limits, the minister shall not enter into the amending agreement without first obtaining the approval of the Lieutenant-Governor in Council.

THE DEPARTMENT OF EMPLOYMENT AND LABOUR
RELATIONS ACT, 1989

1989 c.25

4. Sections 10 and 11 of The Department of Employment and Labour Relations Act, 1989 are repealed and the following substituted:

Agreements amended

10. Power to enter into an agreement shall include power to amend that agreement but, where the approval of the Lieutenant-Governor in Council to the original agreement is required, that approval is also required for an amending agreement.

Agreements made by minister

11. (1) Notwithstanding that the approval of the Lieutenant-Governor in Council is required for an agreement under section 8 or 9, and unless otherwise directed by the Lieutenant-Governor in Council, the minister may enter into an agreement under section 8 or 9 without the approval of the Lieutenant-Governor in Council where

(a) there are funds appropriated by the Legislature for the specific purpose; and

(b) the expenditure of the funds has been approved by the Lieutenant-Governor in Council for the department's budget for the fiscal year in which the agreement relates.

(2) Where the minister enters into an agreement under subsection (1), the minister may enter into an amending agreement, subject to those same terms, conditions and monetary limits required under subsection (1).

(3) Notwithstanding subsection (2), where an amendment to an agreement would result in the agreement, as amended, exceeding or violating the terms, conditions and monetary limits, the minister shall not enter into the amending agreement without first obtaining the approval of the Lieutenant-Governor in Council.

THE DEPARTMENT OF ENVIRONMENT AND LANDS ACT, 1989

1989 c.21

5. Sections 13 and 14 of The Department of Environment and Lands Act, 1988 are repealed and the following substituted:

Agreements amended

13. Power to enter into an agreement shall include power to amend that agreement but, where the approval of the Lieutenant-Governor in Council to the original agreement is required, that approval is also required for an amending agreement.

Agreements made by minister

14. (1) Notwithstanding that the approval of the Lieutenant-Governor in Council is required for an agreement under section 11 or 12, and unless otherwise directed by the Lieutenant-Governor in Council, the minister may enter into an agreement under section 11 or 12 without the approval of the Lieutenant-Governor in Council where

(a) there are funds appropriated by the Legislature for the specific purpose; and

(b) the expenditure of the funds has been approved by the Lieutenant-Governor in Council for the department's budget for the fiscal year in which the agreement relates.

(2) Where the minister enters into an agreement under subsection (1), the minister may enter into an amending agreement, subject to those same terms, conditions and monetary limits required under subsection (1).

(3) Notwithstanding subsection (2), where an amendment to an agreement would result in the agreement, as amended, exceeding or violating the terms, conditions and monetary limits, the minister shall not enter into the amending agreement without first obtaining the approval of the Lieutenant-Governor in Council.

THE DEPARTMENT OF FINANCE ACT, 1989

1989 c.20

6. Sections 10 and 11 of The Department of Finance Act, 1989 are repealed and the following substituted:

Agreements amended

10. Power to enter into an agreement shall include power to amend that agreement but, where the approval of the Lieutenant-Governor in Council to the original agreement is required, that approval is also required for an amending agreement.

Agreements made by minister

11. (1) Notwithstanding that the approval of the Lieutenant-Governor in Council is required for an agreement under section 8 or 9, and unless otherwise directed by the Lieutenant-Governor in Council, the minister may enter into an agreement under section 8 or 9 without the approval of the Lieutenant-Governor in Council where

(a) there are funds appropriated by the Legislature for the specific purpose; and

(b) the expenditure of the funds has been approved by the Lieutenant-Governor in Council for the department's budget for the fiscal year in which the agreement relates.

(2) Where the minister enters into an agreement under subsection (1), the minister may enter into an amending agreement, subject to those same terms, conditions and monetary limits required under subsection (1).

(3) Notwithstanding subsection (2), where an amendment to an agreement would result in the agreement, as amended, exceeding or violating the terms, conditions and monetary limits, the minister shall not enter into the amending agreement without first obtaining the approval of the Lieutenant-Governor in Council.

THE DEPARTMENT OF FISHERIES ACT, 1989

1989 c.31

7. Sections 10 and 11 of The Department of Fisheries Act, 1989 are repealed and the following substituted:

Agreements amended

10. Power to enter into an agreement shall include power to amend that agreement but, where the approval of the Lieutenant-Governor in Council to the original agreement is required, that approval is also required for an amending agreement.

Agreements made by minister

11. (1) Notwithstanding that the approval of the Lieutenant-Governor in Council is required for an agreement under section 8 or 9, and unless otherwise directed by the Lieutenant-Governor in Council, the minister may enter into an agreement under section 8 or 9 without the approval of the Lieutenant-Governor in Council where

(a) there are funds appropriated by the Legislature for the specific purpose; and

(b) the expenditure of the funds has been approved by the Lieutenant-Governor in Council for the department's budget for the fiscal year in which the agreement relates.

(2) Where the minister enters into an agreement under subsection (1), the minister may enter into an amending agreement, subject to those same terms, conditions and monetary limits required under subsection (1).

(3) Notwithstanding subsection (2), where an amendment to an agreement would result in the agreement, as amended, exceeding or violating the terms, conditions and monetary limits, the minister shall not enter into the amending agreement without first obtaining the approval of the Lieutenant-Governor in Council.

THE DEPARTMENT OF FORESTRY AND AGRICULTURE ACT, 1989

1989 c.18

8. Sections 17 and 18 of The Department of Forestry and Agriculture Act, 1989 are repealed and the following substituted:

Agreements amended

17. Power to enter into an agreement shall include power to amend that agreement but, where the approval of the Lieutenant-Governor in Council to the original agreement is required, that approval is also required for an amending agreement.

Agreements made by minister

18. (1) Notwithstanding that the approval of the Lieutenant-Governor in Council is required for an agreement under section 15 or 16, and unless otherwise directed by the Lieutenant-Governor in Council, the minister may enter into an agreement under section 15 or 16 without the approval of the Lieutenant-Governor in Council where

(a) there are funds appropriated by the Legislature for the specific purpose: and

(b) the expenditure of the funds has been approved by the Lieutenant-Governor in Council for the department's budget for the fiscal year in which the agreement relates.

(2) Where the minister enters into an agreement under subsection (1), the minister may enter into an amending agreement, subject to those same terms, conditions and monetary limits required under subsection (1).

(3) Notwithstanding subsection (2), where an amendment to an agreement would result in the agreement, as amended, exceeding or violating the terms, conditions and monetary limits, the minister shall not enter into the amending agreement without first obtaining the approval of the Lieutenant-Governor in Council.

THE DEPARTMENT OF HEALTH ACT

RSN 1970 c.83

9. (1) Paragraphs 2(a), (b) and (e) of The Department of Health Act are repealed.

(2) Sections 4, 5 and 6 of the Act are repealed and the following substituted:

Staff

4. (1) The Lieutenant-Governor in Council may appoint an officer called the Deputy Minister of Health.

(2) The deputy minister shall be the deputy head of the department and shall hold office during pleasure.

(3) Those other officers, clerks and employees that are necessary for the proper conduct of the business of the department shall be appointed or employed in the manner authorized by law, but the minister may temporarily employ those technical and other assistants that the minister considers necessary.

(4) If there is no deputy minister or the deputy minister is absent, and unless otherwise provided by the Lieutenant-Governor in Council, an officer named by the minister, has the powers and shall perform the duties of the deputy minister.

Seal

5. (1) The department shall have an official seal that shall be officially and judicially noticed.

(2) Whenever the official seal of the department is used, it shall be authenticated by the signature of the minister or by the signature of the deputy minister, or, if there is no deputy minister or the deputy minister is absent, by the signature of the person who, under subsection 4(4), has the powers of the deputy minister.

(3) Section 8E of the Act is repealed and the following substituted:

Agreements amended

8E. Power to enter into an agreement shall include power to amend that agreement but, where the approval of the Lieutenant-Governor in Council to the original agreement is required, that approval is also required for an amending agreement.

Agreements made by Minister

8E.1 Notwithstanding that the approval of the Lieutenant-Governor in Council is required for an agreement under section 8C or 8D, and unless otherwise directed by the Lieutenant-Governor in Council, the minister may enter into an agreement under section 8C or 8D without the approval of the Lieutenant-Governor in Council where

(a) there are funds appropriated by the Legislature for the specific purpose; and

(b) the expenditure of the funds has been approved by the Lieutenant-Governor in Council for the department's budget for the fiscal year in which the agreement relates.

(2) Where the minister enters into an agreement under subsection (1), the minister may enter into an amending agreement, subject to those same terms, conditions and monetary limits required under subsection (1).

(3) Notwithstanding subsection (2), where an amendment to an agreement would result in the agreement, as amended, exceeding or violating the terms, conditions and monetary limits, the minister shall not enter into the amending agreement without first obtaining the approval of the Lieutenant-Governor in Council.

(4) Section 8I of the Act is amended by striking out the words and number "subsection (5) of section 4" and by substituting the word and number "subsection 4(4)".

(5) Subsection (4) of section 8K of the Act is repealed and the following substituted:

(4) Whenever the Crown acquires or disposes of property through the minister, the minister or deputy minister may execute all deeds and documents on behalf of the Crown with the hand and official style of that official and with the seal of the department.

(6) Sections 8L and 8M of the Act are repealed.

(7) Section 9 of the Act is repealed.

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

Accounts

18. The minister, deputy minister or an officer named by the minister under subsection 4(4) may require an account furnished by a person, whether in the employ of the department or not, to be attested on oath or affirmation, which oath or affirmation may be administered by the minister, the deputy minister or an officer referred to in subsection 4(4).

(9) Section 24 of the Act is repealed and the following substituted:

Security for payment

24. The minister, deputy minister or an officer named by the minister under subsection 4(4) shall have power to require and take security by way of bond or deposit of money for the due performance of work in accordance with an agreement entered into with the minister or the department or an employee of the department.

(10) Section 25 of the Act is repealed.

THE DEPARTMENT OF JUSTICE ACT, 1989

1989 c.19

10. Sections 13 and 14 of The Department of Justice Act, 1989 are repealed and the following substituted:

Agreements amended

13. Power to enter into an agreement shall include power to amend that agreement but, where the approval of the Lieutenant-Governor in Council to the original agreement is required, that approval is also required for an amending agreement.

Agreements made by Minister

14. (1) Notwithstanding that the approval of the Lieutenant-Governor in Council is required for an agreement under section 11 or 12, and unless otherwise directed by the Lieutenant-Governor in Council, the Minister may enter into an agreement under section 11 or 12 without the approval of the Lieutenant-Governor in Council where

(a) there are funds appropriated by the Legislature for the purpose; and

(b) the expenditure of the funds has been approved by the Lieutenant-Governor in Council for the Department's budget for the fiscal year in which the agreement relates.

(2) Where the minister enters into an agreement under subsection (1), the minister may enter into an amending agreement, subject to those same terms, conditions and monetary limits required under subsection (1).

(3) Notwithstanding subsection (2), where an amendment to an agreement would result in the agreement, as amended, exceeding or violating the terms, conditions and monetary limits, the minister shall not enter into the amending agreement without first obtaining the approval of the Lieutenant-Governor in Council.

THE DEPARTMENT OF MINES AND ENERGY ACT, 1989

1989 c.23

11. Sections 12 and 13 of The Department of Mines and Energy Act, 1989 are repealed and the following substituted:

Agreements amended

12. Power to enter into an agreement shall include power to amend that agreement but, where the approval of the Lieutenant-Governor in Council to the original agreement is required, that approval is also required for an amending agreement.

Agreements made by minister

13. (1) Notwithstanding that the approval of the Lieutenant-Governor in Council is required for an agreement under section 10 or 11, and unless otherwise directed by the Lieutenant-Governor in Council, the minister may enter into an agreement under section 10 or 11 without the approval of the Lieutenant-Governor in Council where

(a) there are funds appropriated by the Legislature for the specific purpose; and

(b) the expenditure of the funds has been approved by the Lieutenant-Governor in Council for the department's budget for the fiscal year in which the agreement relates.

(2) Where the minister enters into an agreement under subsection (1), the minister may enter into an amending agreement, subject to those same terms, conditions and monetary limits required under subsection (1).

(3) Notwithstanding subsection (2), where an amendment to an agreement would result in the agreement, as amended, exceeding or violating the terms, conditions and monetary limits, the minister shall not enter into the amending agreement without first obtaining the approval of the Lieutenant-Governor in Council.

THE DEPARTMENT OF MUNICIPAL AND PROVINCIAL
AFFAIRS ACT

1989 c.30

11. Sections 11 and 12 of The Department of Municipal and Provincial Affairs Act are repealed and the following substituted:

Agreements amended

11. Power to enter into an agreement shall include power to amend that agreement but, where the approval of the Lieutenant-Governor in Council to the original agreement is required, that approval is also required for an amending agreement.

Agreements made by minister

12. (1) Notwithstanding that the approval of the Lieutenant-Governor in Council is required for an agreement under section 9 or 10, and unless otherwise directed by the Lieutenant-Governor in Council, the minister may enter into an agreement under section 9 or 10 without the approval of the Lieutenant-Governor in Council where

(a) there are funds appropriated by the Legislature for the specific purpose; and

(b) the expenditure of the funds has been approved by the Lieutenant-Governor in Council for the department's budget for the fiscal year in which the agreement relates.

(2) Where the minister enters into an agreement under subsection (1), the minister may enter into an amending agreement, subject to those same terms, conditions and monetary limits required under subsection (1).

(3) Notwithstanding subsection (2), where an amendment to an agreement would result in the agreement, as amended, exceeding or violating the terms, conditions and monetary limits, the minister shall not enter into the amending agreement without first obtaining the approval of the Lieutenant-Governor in Council.

THE DEPARTMENT OF SOCIAL SERVICES ACT, 1990

1990 c.27

13. Sections 10 and 11 of The Department of Social Services Act, 1990 are repealed and the following substituted:

Agreements amended

10. Power to enter into an agreement shall include power to amend that agreement but, where the approval of the Lieutenant-Governor in Council to the original agreement is required, that approval is also required for an amending agreement.

Agreements made by minister

11. (1) Notwithstanding that the approval of the Lieutenant-Governor in Council is required for an agreement under section 8, 9 or 13, and unless otherwise directed by the Lieutenant-Governor in Council, the minister may enter into an agreement under section 8, 9 or 13 without the approval of the Lieutenant-Governor in Council where

(a) there are funds appropriated by the Legislature for the specific purpose; and

(b) the expenditure of the funds has been approved by the Lieutenant-Governor in Council for the department's budget for the fiscal year in which the agreement relates.

(2) Where the minister enters into an agreement under subsection (1), the minister may enter into an amending agreement, subject to those same terms, conditions and monetary limits required under subsection (1).

(3) Notwithstanding subsection (2), where an amendment to an agreement would result in the agreement, as amended, exceeding or violating the terms, conditions and monetary limits, the minister shall not enter into the amending agreement without first obtaining the approval of the Lieutenant-Governor in Council.

THE DEPARTMENT OF WORKS, SERVICES AND
TRANSPORTATION ACT

1989 c.33

14. Sections 10 and 11 of The Department of Works, Services and Transportation Act are repealed and the following substituted:

Agreements amended

10. Power to enter into an agreement shall include power to amend that agreement but, where the approval of the Lieutenant-Governor in Council to the original agreement is required, that approval is also required for an amending agreement.

Agreements made by minister

11. (1) Notwithstanding that the approval of the Lieutenant-Governor in Council is required for an agreement under section 8 or 9, and unless otherwise directed by the Lieutenant-Governor in Council, the minister may enter into an agreement under section 8 or 9 without the approval of the Lieutenant-Governor in Council where

(a) there are funds appropriated by the Legislature for the specific purpose; and

(b) the expenditure of the funds has been approved by the Lieutenant-Governor in Council for the department's budget for the fiscal year in which the agreement relates.

(2) Where the minister enters into an agreement under subsection (1), the minister may enter into an amending agreement, subject to those same terms, conditions and monetary limits required under subsection (1).

(3) Notwithstanding subsection (2), where an amendment to an agreement would result in the agreement, as amended, exceeding or violating the terms, conditions and monetary limits, the minister shall not enter into the amending agreement without first obtaining the approval of the Lieutenant-Governor in Council.

THE NEWFOUNDLAND PUBLIC SERVICE COMMISSION ACT, 1973

1973 No. 116
as amended

15. The First Schedule to The Newfoundland Public Service Commission Act, 1973 is repealed and the following substituted:

First Schedule

1. The Department of the Auditor General

2. The Department of Development

3. The Department of Education

4. The Department of Employment and Labour Relations

5. The Department of Environment and Lands

6. The Executive Council Office

7. The Department of Finance

8. The Department of Fisheries

9. The Department of Forestry and Agriculture

10. The Department of Health

11. The Department of Justice

12. The Department of Mines and Energy

13. The Department of Municipal and Provincial Affairs

14. The Department of Social Services

15. The Department of Works, Services and Transportation

16. C.A. Pippy Park Commission

17. Fisheries Loan Board

18. The Newfoundland Medical Care Commission

19. The Newfoundland Liquor Licensing Board

20. The Newfoundland Public Service Commission

21. The Public Libraries Board

22. The Alcohol and Drug Dependency Commission of
Newfoundland and Labrador

23. Fisher Institute of Applies Arts and Technology

24. Avalon Community College

25. Eastern Community College

26. Central Community College

27. Western Community College

28. Labrador Community College.

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