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Copyright © 2000: Queens Printer,
Statutes of Newfoundland 1998
AN ACT TO INCORPORATE THE
(Assented to June 5, 1998)
1. Short title
3. Corporation established
5. Objects of authority
6. Membership in authority
7. Powers of authority
8. Board of directors
10. Exercise of powers
13. Power to borrow
15. Annual report
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
1. This Act may be cited as the Cruiseship Authority Act.
2. In this Act "cruiseship tourism industry" includes the interpretation, promotion and provision of programs, services, entertainment and information relating to the maritime and other history, flora, fauna, ecology, culture, architecture, people, food, coastal zone, topography and development of the province.
3. There is established as a corporation the Cruiseship Authority of Newfoundland and Labrador, in this Act referred to as the authority.
4. The purpose of this Act is to establish an authority to co-ordinate the development and operations of a cruiseship tourism industry in the province and in particular to plan, promote, develop and monitor that industry.
Objects of authority
5. The objects of the authority are to
(a) create, in collaboration with others involved, a large, growing, profitable and sustainable infrastructure of attractive, high quality, standardized on-shore service providers;
(b) initiate, encourage and foster concepts, themes, programs and facilities so that cruiseship experiences in the province are an enjoyable and reliable experience;
(c) develop, in collaboration with others involved, an appropriate, successful and stable infrastructure of quality on shore service providers for cruiseship lines and travellers in the areas of transportation, sight-seeing, catering, entertainment, arts, crafts, recordings and literature;
(d) work and co-ordinate with cruiseship lines and others to agree upon and establish itineraries and schedules which logically and profitably integrate attractions, programs and facilities of the province in particular as they relate to the distinctive culture, history and natural and scenic attributes of the province; and
(e) build upon the achievements of past initiatives in the areas referred to in paragraphs (a) to (d).
Membership in authority
6. (1) The members of the authority may include those departments and agencies of the government of the province and of Canada, cities and other municipalities, corporations, groups and organizations that support and wish to participate in the development of a cruiseship tourism industry and wish to participate in the activities for which the authority is established.
(2) Notwithstanding subsection (1), on the coming into force of this Act, the province, represented by the Department of Tourism, Culture and Recreation and the Department of Works, Services and Transportation, the Harbours and Ports Directorate of Transport Canada, the Department of Canadian Heritage, the St. Johnís Port Corporation, the cities of St. Johnís and Corner Brook, the towns of Botwood and St. Anthony and the Johnson Family Foundation shall be members of the authority.
(3) The members referred to in subsection (2) may propose for membership those other departments and agencies of the governments of the province and of Canada, cities and other municipalities, corporations, groups and organizations who support the concept and objects of the authority and wish to participate in the operations, programs and activities of the authority.
(4) A body or person that is proposed for membership under subsection (3) shall become a member of the authority where it is voted to become a member by not less than a majority of the existing members present at a general meeting of the authority.
(5) A member may withdraw from the authority by delivering to the board of directors a notice of the memberís intention to withdraw 30 days before the withdrawal becomes effective.
(6) A member that does not participate in the business of the authority for a period of 12 consecutive months shall be considered to have withdrawn from the authority.
Powers of authority
7. The authority shall have the power with respect to cruiseships which visit the province to
(a) prepare a master plan for the development and enhancement of cruiseship tourism activity in the province and to establish priorities and schedules for the implementing and achieving of the plan;
(b) recommend to regulatory agencies, suppliers of goods and services and to the cruiseship tourism industry standards of quality and performance with respect to that industry;
(c) in collaboration with interested or involved parties, develop an appropriate, successful and stable infrastructure of quality goods and services for cruiseship lines and travellers in the province;
(d) develop and promote a new and existing touring, catering, entertainment and other activities for the cruiseship tourism industry;
(e) establish for the benefit of the cruiseship tourism industry those services which the board determines to best serve the interests of that industry;
(f) make agreements and commitments with cruiseship lines and providers of goods and services to those lines;
(g) grant a seal of approval of the authority to persons, goods, services, entertainments, events and attractions that are offered to the cruiseship industry, in recognitions of the achievement and meritorious standards of those goods, services, entertainments, events and attractions;
(h) acquire property by gift, purchase or other means and to sell, grant, convey, lease or otherwise dispose of property;
(i) contract for professional and technical assistance and advice;
(j) make by-laws for the regulation and management of its affairs and as required under this Act;
(k) put into effect the objects of the authority; and
(l) generally, do those other things that are necessary or conducive to the sustainable development and continuing market development of cruiseship tourism and which are necessary for the operation and activities of the authority.
Board of directors
8. (1) The powers of the authority shall be given effect to by the board of directors of the authority appointed by the members.
(2) Each member of the authority shall appoint one person to represent it on the board of directors.
(3) A person appointed to the board of directors may serve for a period of 2 years and is eligible for re-appointment.
(4) Where a vacancy occurs on the board of directors, the member who had been represented by that director shall appoint a person as a replacement director and that director shall serve for the remainder of the term of the director whose position he or she replaces.
(5) A vacancy on the board of directors does not impair the authority of the other directors to conduct the affairs of the authority.
(6) A director is not entitled to remuneration for his or her services but may be reimbursed for reasonable expenses incurred in the performance of his or her duties.
9. (1) The board of directors, at a meeting held in each year, shall elect from among themselves the officers of the board of directors of the authority and those officers shall consist of a chairperson, a secretary and a treasurer.
(2) The officers elected under subsection (1) shall serve for one year or until their successors are elected, and are eligible for re-election.
(3) The chairperson shall have the general oversight and direction of the affairs of the authority and shall preside at all meetings of the board of directors.
(4) In the absence of the chairperson the powers and duties of the chairperson shall be carried out by a person appointed by the board of directors.
(5) Notwithstanding subsections (1) and (2), on the coming into force of this Act, the Johnson Family Foundation shall appoint the chairman of the board of directors and that chairman shall hold office for 2 years and may be elected to that office after the expiration of those 2 years.
(6) The officers of the board of directors may appoint senior employees of the authority and one or more directors who together with those officers shall comprise the executive committee of the board of directors of the authority.
Exercise of powers
10. (1) The board of directors shall exercise the powers of the authority by resolution and by-law.
(2) A resolution of the board of directors may be passed at a meeting of the directors or in another manner prescribed by the by-laws.
(3) A resolution shall require the approval of a majority of the directors present at a meeting.
11. The authority may appoint an executive officer and those other employees that are considered necessary by the authority for the purposes of this Act and may prescribe their duties and qualifications and fix their remuneration.
12. (1) The board of directors shall annually prepare and adopt a budget containing estimates of sums required during the next financial year of the authority for the purpose of exercising the powers of the authority.
(2) The expenses of the authority in carrying on its work shall be defrayed by
(a) amounts which the members of the authority may agree to contribute;
(b) fund-raising carried out on behalf of the authority;
(c) amounts received by the authority by way of gifts, bequests and other means;
(d) amounts raised by way of fees for memberships;
(e) amounts raised through the sale of goods and services of the authority; and
(f) amounts raised or borrowed for the purpose of the authority.
Power to borrow
13. (1) The board of directors may, on behalf of the authority
(a) raise or borrow money for the purpose of the authority; and
(b) secure the repayment of money raised or borrowed in the manner and on the terms and conditions that the board of directors considers appropriate and in particular by the execution and delivery of mortgages of the authorityís real and personal property or by the issue of bonds or debentures secured by mortgage or otherwise or charged upon the property of the authority.
(2) The amount that the authority may borrow in a year shall not exceed the total amount contained in the budget adopted by the authority for that year.
14. (1) The accounts of the authority shall be audited annually by an auditor appointed for the purpose by the board of directors and the auditor may call for and shall be supplied with books of account and other materials necessary to carry out the audit.
(2) The report of the auditor shall be submitted to the board of directors and to each member of the authority.
15. The board of directors shall annually prepare a report summarizing the work of the authority in the previous year and submit it to each of the members of the authority.
16. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.
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