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Statutes of Newfoundland 1996


CHAPTER 34

CHAPTER 34

AN ACT TO AMEND THE LIQUOR CONTROL ACT AND THE LIQUOR CORPORATION ACT

(Assented to December 19, 1996)

Analysis

LIQUOR CONTROL ACT

1. S.2. Amdt.
Definitions

2. Ss. 3, 4, 5, 8, 9 & 14 Rep.
3. Board continued
4. Organization of board
5. Chairperson of board
8. Disqualification of members and staff
9. Offence and penalty
14. Minutes to be kept

3. S.41.1 Added
Adjudication of hearings

LIQUOR CORPORATION ACT

4. S.2 Amdt.
Interpretation

5. S.5 R&S
Board

6. S.7 Amdt.
Remuneration and terms of service

7. S.8 Amdt.
Chairperson and board member's powers

8. S.28 Amdt.
Financial statement

9. S.30 R&S
Minutes to be kept

10. S.31 Amdt.
Audit of accounts

11. S.43 Amdt.
Disposal of profits

12. Commencement

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

LIQUOR CONTROL ACT


RSN1990 cL-18 as amended

1. Paragraph 2(d) of the Liquor Control Act is repealed and the following substituted:

(d) "board" means the board of directors appointed under section 5 of the Liquor Corporation Act;

2. Sections 3, 4, 5, 8, 9 and 14 of the Act are repealed.

3. The Act is further amended by adding the following immediately after section 41:

Adjudication of hearings

41.1 (1) The board may delegate its authority to adjudicate a hearing under this Act to a tribunal of 3 members of the board.

(2) The board may delegate its authority under subsection (1) without reference to a particular dispute.

(3) A decision made by a tribunal under subsection (1) shall be considered to be a decision of the board.

(4) The procedure on a hearing before the board, or before a tribunal under subsection (1) shall be determined by the board.

LIQUOR CORPORATION ACT

RSN1990 cL-19 as amended

4. Paragraph 2(1)(j) of the Liquor Corporation Act is repealed.

5. Section 5 of the Act is repealed and the following substituted:

Board

5. (1) The Lieutenant-Governor in Council may appoint a board of directors which shall

(a) exercise and discharge the powers and duties of the corporation; and

(b) exercise and discharge the powers and duties of the board under the Liquor Control Act.

(2) The board shall comprise 7 members, including the president.

(3) The Lieutenant-Governor in Council shall designate one member of the board to be the chairperson.

(4) The Lieutenant-Governor in Council shall designate one member of the board to be the vice-chairperson.

(5) The president shall be the chief executive officer of the corporation and shall perform those duties and responsibilities assigned by the board.

(6) A member of the board holds office for a term of 3 years from the date of that member's appointment.

(7) Notwithstanding subsection (6), the president holds office during pleasure.

(8) The president is subject to the Public Service Pensions Act, 1991.

(9) The term of office of the board of directors of the corporation in office on December 31, 1996 shall expire on January 1, 1997.

(10) The board may make by-laws

(a) for the management of the property of the corporation;

(b) relating to the meetings of the board and procedures of those meetings;

(c) which govern the adjudication of matters under the Liquor Control Act; and

(d) for the purpose of carrying out its duties or purposes under this Act or a regulation made under this Act, or the Liquor Control Act or a regulation made under that Act.

6. Section 7 of the Act is amended by striking out the word "vice-president" and substituting the word "chairperson".

7. (1) Subsection 8(1) of the Act is repealed and the following substituted:

Chairperson and board member's powers

8. (1) The chairperson is responsible for the general direction, supervision and control of the business of the board and has those other powers that may be conferred on him or her under this Act, or the regulations made under this Act, or the Liquor Control Act, or the regulations made under that Act.

(2) Subsections 8(2) and (3) of the Act are amended by striking out the word "president" wherever it appears and substituting the word "chairperson".

8. Section 28 of the Act is amended by striking out the word "president" and substituting the word "chairperson".

9. Section 30 of the Act is repealed and the following substituted:

Minutes to be kept

30. The members of the board shall ensure that regular minutes of the meetings of the board are kept, and shall ensure that complete books of account and records are kept.

10. Subsection 31(4) of the Act is amended by striking out the words "president of the corporation" and substituting the word "chairperson".

11. Section 43 of the Act is amended by striking out the word "president" and substituting the word "chairperson".

Commencement

12. This Act shall come into force on January 1, 1997.

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