This is an official version.
Copyright © 2000: Queens Printer,
Statutes of Newfoundland 1993
AN ACT TO AMEND THE MEMORIAL
(Assented to June 18 1993)
1. S.38 Amdt.
2. Application of Act
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
RSN1990 cM-7 as amended
1. (1) Section 38 of the Memorial University Act is amended by renumbering it as subsection 38(1).
(2) Section 38 of the Act is further amended by adding immediately after subsection (1) the following:
(2) Where an auditor other than the auditor general audits the accounts of the board, the auditor shall comply with subsection 14(2) of the Auditor General Act.
(3) The auditor general may conduct an examination of the auditor's report, the auditor's recommendations to the board and the copy of the audited financial statement of the accounts of the board.
(4) Where, after conducting an examination under subsection (3), the auditor general is of the opinion that the information, explanation or document that is provided, made available or delivered to the auditor general by an auditor under subsection (2) is insufficient to permit the auditor general to make a report under subsection (6), the auditor general may conduct a further examination and investigation of the records and operations of the university that the auditor general considers necessary.
(5) Where the auditor general conducts a further examination and investigation under subsection (4), sections 15, 17, 18, 20, 21, 22 and 29 of the Auditor General Act apply, with the necessary changes.
(6) Where the auditor general conducts an examination under subsection (3) or a further examination and investigation under subsection (4), he or she shall report on it to the House of Assembly, and section 12 of the Auditor General Act applies, with the necessary changes, to the report.
(3) The Act is further amended by adding immediately after section 38 the following:
University's autonomy preserved
38.1 (1) Subsections 38(3) and (4) shall not be construed as entitling the auditor general to question the merits of decisions or actions of the board or the senate taken in contemplation of the work customarily associated with a university as reflected in the powers and authority granted to the university under subsection 3(3).
(2) Notwithstanding paragraph 2(1)(a) of the Auditor General Act, the university is not an agency of the Crown for the purpose of that Act or any other purpose.
38.2 (1) The purpose of this section is to confirm
(a) the customary autonomy of the university; and
(b) the existing practice of the Minister of Education in providing the committees of the House of Assembly with information respecting matters pertaining to the university to enable those committees to properly carry out their duties.
(2) Where a matter pertaining to the university, including a report of the auditor general under subsection 38(6), is referred to a committee of the House of Assembly, the committee shall conduct its examination of the matter through the Minister of Education.
(3) Where a committee of the House of Assembly conducts an examination of a matter pertaining to the university, the chancellor, the president, the chairperson of the board and the vice-presidents and other officers and employees of the university are not compellable to attend as witnesses before the committee.
(4) Where a committee of the House of Assembly conducts an examination of a matter pertaining to the university, a failure to respond to a summons by the committee does not constitute a contempt or breach of the privileges of the House of Assembly.
Application of Act
2. This Act applies to an audit commenced but not completed by the auditor general prior to its coming into force.
©Earl G. Tucker, Queen's Printer