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Statutes of Newfoundland 1994


CHAPTER L-19

CHAPTER L-19.1

AN ACT RESPECTING THE LITERACY
DEVELOPMENT COUNCIL OF NEWFOUNDLAND AND LABRADOR

(Assented to June 9, 1994)

Analysis

1. Short title

2. Corporation

3. Goals

4. Powers

5. Charitable status

6. Council membership

7. Term of office

8. Meetings, etc.

9. Quorum

10. Staff

11. 1991 c12

12. Expenses

13. Liability protection

14. Bonding

15. General funds

16. Investments

17. Financial year

18. Expenditure

19. Annual budget

20. Financial statement

21. Regulations

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 Literacy Development Council Act.

Corporation

2. The Literacy Development Council is established as a corporation.

Goals

3. The objects of the council are

(a) to exercise all of the powers and discharge all of the duties of the corporation and administer and manage its affairs;

(b) to assess and respond to the literacy needs of the people of the province as those needs are perceived by community committees, local organizations, private citizens or other groups and to ensure that quality literacy programming and services are provided;

(c) to coordinate literacy programs and services in the province, through the promotion and fostering of

(i) cooperation among agencies and organizations providing literacy programs and services, and

(ii) interdepartmental cooperation and austerity in government sponsored literacy activity; and

(d) to take steps by personal or written appeals, public meetings or otherwise that it may consider expedient for the purpose of obtaining contributions, in the form of donations or annual subscriptions or otherwise, to its funds.

Powers

4. The powers of the council include the power

(a) to institute a strategic provincial plan for the provision of literacy programs and services and the utilization of technology for the delivery of those literacy programs and services;

(b) to enter into agreements with

(i) a government, government department or an agency of a government,

(ii) persons who carry on a trade, business or commercial activity, or any commercial business or industry,

(iii) educational institutions, or

(iv) a community group

for literacy programming, or the transfer of courses for credit for programs leading to a high school completion certificate or equivalent;

(c) to establish various literacy services of the council, including the development of evaluation, certification and program standards, policies and procedures;

(d) to establish committees of the council that may be necessary or desirable, and to appoint advisory and other committees necessary to achieve the purpose of the Act and to pay reasonable expenses incurred in connection with the work of the committee;

(e) to provide facilities and grants, enter into agreements for research and to conduct research related to all aspects of literacy, and to prescribe terms and conditions under which research may be conducted by, or on behalf of the council;

(f) to adopt personnel procedures which generally follow the personnel administrative procedures of the government of the province, including the development and application of conflict of interest guidelines for members of the council and employees of the council;

(g) to accept and disburse grants, gifts and bequests to the council and to fix, receive and collect payments for services and research;

(h) to accept subscriptions and donations, whether lands, buildings, money or other property and devises and bequests, for a purpose referred to in paragraphs (a) to (e) and, to sell and dispose of or to lease and accept surrenders of leases of and manage all land, buildings and other property so received and not required to be or capable of being occupied or used for the purpose of the council and generally, but subject to the approval of the minister, to manage, invest, spend and dispose of that money and property;

(i) to administer, in furtherance of the objects of the council, all funds which it may receive and to sell and dispose of or to lease and accept surrenders of leases of and manage all real property donated or devised to the council;

(j) to ensure

(i) provision for the keeping of full and accurate records of its proceedings and transactions,

(ii) accounting for the receipts and disbursements of the council in the manner and form that are consistent with accepted accounting principles, and

(iii) all payments required to be made from the funds of the council are made by cheque or money order signed by either the person employed as Director of Finance of the council or the chairperson of the council and another person that the council may designate; and

(k) to adopt by-laws for the regulation of its proceedings and generally for the conduct of its activities, subject to the approval of the Lieutenant-Governor in Council.

Charitable status

5. The council shall apply to be a registered charity for the purpose of the Income Tax Act (Canada).

Council membership

6. (1) The first council shall be appointed by the minister and shall consist of a chairperson and not less than 7 and not more than 18 voting members.

(2) Vacancies on the first council and subsequent councils shall be filled from the membership of the various agencies represented on the council.

(3) Council membership shall consist of

(a) 3 members who shall be advisory and non-voting

(i) 1 member who shall represent the Department of Education and who shall be appointed by the minister,

(ii) 1 member who shall represent the Social Policy Committee of the Executive Council and who shall be appointed by the minister, and

(iii) 1 member who is an employee of the Government of Canada with literacy and training responsibilities and who shall be appointed by the Government of Canada;

(b) 4 members who shall represent business, industry and labour and appointed by the respective organizations or associations;

(c) 1 member at large to be appointed by the council to represent the public;

(d) 1 member who is a member of the Council of College/Institutional Presidents appointed by that organization;

(e) 4 members who shall represent volunteer and community-based literacy delivery agencies and who shall be appointed by the respective organizations or associations; and

(f) the executive director of the council who shall be advisory and non-voting

(4) Additional members, in accordance with the same terms, may be appointed by the council.

(5) The chairperson of the council shall be appointed, initially by the minister, and subsequently by a 75% majority of the voting members of the council and where no nominee for chairperson is supported by a 75% majority of the voting members of the council the minister shall appoint 1 of the 2 candidates receiving the highest number of votes of the council.

Term of office

7. (1) Members of the council shall serve for a 3 year term, with the exception of those members who are advisory and non-voting and who are appointed by the minister or the Government of Canada, in which case the appointment is indefinite.

(2) Subject to subsection (1), members shall not serve for more than 2 consecutive 3 year terms.

Meetings, etc.

8. (1) The council shall hold at least 4 meetings in each year.

(2) The chairperson may call a meeting of the council at any time and shall call a meeting when requested by not less than 5 voting members of the council.

(3) The executive director shall be a member of all committees constituted by the council, and shall perform the duties and may exercise the powers that may be assigned to the executive director by the council.

Quorum

9. A majority of the voting members of the council constitute a quorum.

Staff

10. (1) The council may

(a) appoint, promote or remove any employees as are necessary for the proper conduct of the work of the council; and

(b) prescribe the duties of employees and prescribe the conditions of their employment.

(2) The employees of the council appointed under subsection (1) shall be paid a salary and expenses that are fixed by the council and these shall be consistent with the salary and expenses applicable to persons performing similar duties and having similar responsibilities in the public service of the province.

(3) The council may arrange for the temporary transfer of members of the public service to its staff.

1991 c12

11. The Public Service Pensions Act, 1991 applies to the executive director and all persons employed under section 10.

Expenses

12. The members of the council shall be reimbursed by the council for expenses incurred in relation to meetings and the work of the council in accordance with a scale for expenses for public employees.

Liability protection

13. A member of the council is not personally liable for loss or damage suffered by a person because of anything done or omitted to be done by that member of the council in the execution of that member's office or under, or in the exercise of or supposed exercise of, the powers given to a member of the council.

Bonding

14. (1) The council shall acquire and maintain a bond with a bonding or insurance company to indemnify the council against loss because of a fraudulent or criminal act of its employees.

(2) The bond required under subsection (1) shall be in the amount and contain the assurances that may be prescribed by the regulations.

(3) It is a condition of employment of a person employed by the council as Director of Finance or other officer that the council may designate that the person be bonded in the same manner that the council is required to be bonded under subsection (1) but in the amount that the council may prescribe.

General funds

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

(a) the funds that may be appropriated by the Legislature and granted to the council;

(b) money that the council may charge and collect from users of its services or other programs or facilities;

(c) fees received for services provided by the council; and

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

(2) The council may receive gifts or bequests, which are subject to a trust, and shall invest and hold in trust the money or shall spend the money for the purpose indicated by the donor or testator and the money does not form part of the general funds of the council.

Investments

16. The council may invest trust money and alter the investments as it thinks appropriate, subject to the general law governing trustees and the provisions of a will, trust deed or other document governing a special trust.

Financial year

17. The financial year of the council begins on April 1 in each year and ends on March 31 in the following year.

Expenditure

18. The council may pay all necessary expenses of its operations out of its general funds subject to the availability of funds in its approved budget.

Annual budget

19. (1) The council shall, not later than January 31 in respect of each year, prepare and adopt a budget containing estimates of amounts required during the next financial year for the purpose of the council.

(2) In each budget prepared under subsection (1), there shall be set out the estimate of revenue and expenditures of the council in respect of a financial year for which that budget is prepared.

(3) The council shall not 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 the budget.

Financial statement

20. (1) The council shall, not later than June 30 in each calendar year, prepare and submit to the minister

(a) a report concerning the work of the council during the financial year;

(b) an audited financial statement setting out the assets and liabilities of the council and its receipts and expenditures for the financial year immediately preceding that date; and

(c) all management letters relating to the audited financial statement required under paragraph (a).

(2) The financial statements referred to in subsection (1) shall be signed by the chairperson and 1 other member of the council.

Regulations

21. The Lieutenant-Governor in Council may make regulations to give effect to the provisions of this Act, including regulations for the general administration of this Act.

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