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St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER A-8

AN ACT RESPECTING THE ALCOHOL AND DRUG DEPENDENCY COMMISSION OF NEWFOUNDLAND AND LABRADOR

Analysis

1. Short title

2. Definitions

3. Commission established

4. Membership

5. Term of office

6. Meetings, etc.

7. Quorum

8. Expenses

9. Duties of chairperson

10. Vice-chairperson

11. Duties of commission

12. Powers of commission

13. Staff

14. Public Service Pensions Act

15. Advisory committees

16. Reports

17. Financial year

18. Annual budget

19. Appropriation

20. Audits

21. Regulations


Short title

1. This Act may be cited as the Alcohol and Drug Dependency Commission Act.

1981 c83 s1

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Definitions

2. In this Act

(a) "alcoholism" means a chronic behaviourial disorder manifested by the consumption by a person of alcoholic beverages to an extent that substantially interferes with the person's health or ability to function in relation to his or her social and economic responsibilities;

(b) "commission" means the Alcohol and Drug Dependency Commission of Newfoundland and Labrador;

(c) "drug dependency" means a state of psychological or physical reliance, or both, on a chemical substance other than alcohol that alters mood, perception, consciousness or behaviour to the apparent detriment of the person using the substance, or society, or both, resulting from the person using the substance other than under the supervision of a physician; and

(d) "minister" means the Minister of Health or another minister of the Crown appointed by order of the Lieutenant-Governor in Council to administer this Act.

1981 c83 s2; 1988 c40 s1

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Commission established

3. The Alcohol and Drug Dependency Commission of Newfoundland and Labrador is continued as a corporation.

1981 c83 s3

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Membership

4. (1) The commission shall consist of a chairperson and 11 other members appointed by the Lieutenant-Governor in Council on the following basis:

(a) 1 member chosen from each of 5 regions of the province designated by the minister;

(b) 1 member who shall be an employee of the Department of Education nominated by the Minister of Education;

(c) 1 member who shall be an employee of the Department of Health nominated by the minister;

(d) 1 member who shall be an employee of the Department of Social Services nominated by the Minister of Social Services;

(e) 1 member chosen from the public at large and nominated by the minister;

(f) 1 member chosen from among, and as representative of, the native peoples of the province and nominated by the minister; and

(g) 1 member chosen as a representative of the youth of the province and nominated by the minister.

(2) Members of the commission shall be residents of the province.

1981 c83 s4; 1983 c82 s1; 1988 c40 s2

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Term of office

5. (1) Appointments to the commission of members other than the chairperson shall be for a 3 year term and members may be reappointed.

(2) The chairperson of the commission shall hold office for a term determined by the Lieutenant-Governor in Council.

(3) Where at the end of a commission member's term a new appointment or reappointment has not been made by the Lieutenant-Governor in Council, the minister may extend the member's term for a period not to exceed 6 months from the expiry date of his or her term or until the new appointment or reappointment is made, whichever is shorter.

(4) Where a member of the commission is unable to perform the duties of the office, the Lieutenant-Governor in Council may appoint a substitute member for the balance of the term of the member replaced.

(5) A member of the commission holds office during good behaviour.

1981 c83 s5; 1983 c82 s2; 1988 c40 s3

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Meetings, etc.

6. (1) The commission shall hold at least 4 meetings in a year.

(2) The chairperson may call a meeting of the commission at any time and shall call a meeting when requested to do so by the minister or by not less than 5 members of the commission.

(3) The commission may make rules governing procedure at meetings and the administration of its affairs.

(4) The commission may appoint to a committee of the commission a person who is not a member of the commission.

1981 c83 s6

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Quorum

7. A majority of members of the commission constitutes a quorum.

1981 c83 s7

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Expenses

8. Members of the commission shall serve without reimbursement other than

(a) the remuneration for meetings of the commission that a member attends; and

(b) the disbursements for expenses necessarily incurred by a member in connection with the work of the commission,

that may be prescribed by the Lieutenant-Governor in Council.

1981 c83 s8

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Duties of chairperson

9. (1) The chairperson is the chief executive officer of the commission and shall direct the activities of the commission and co-ordinate its work.

(2) Notwithstanding section 8, the chairperson shall be paid an annual salary to be fixed by the Lieutenant-Governor in Council by regulation.

1981 c83 s9

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Vice-chair- person

10. (1) The commission shall elect from its members a vice-chairperson.

(2) Where the chairperson is unable to exercise the powers and duties of chairperson, the vice-chairperson shall act in place of the chairperson and subsection 9(2) applies to the vice-chairperson as may be appropriate in the circumstances.

1981 c83 s10

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Duties of commission

11. The commission shall

(a) sponsor, conduct and promote programs for

(i) treating and rehabilitating persons suffering from alcoholism or drug dependency,

(ii) controlling problems related to the consumption of alcohol and other drugs, and

(iii) distributing information respecting the nature and effects of alcoholism and drug dependency and respecting the recognition, prevention and treatment of alcoholism and drug dependency;

(b) sponsor, conduct and promote programs of research into

(i) the prevention of alcoholism and drug dependency,

(ii) the treatment and rehabilitation of persons suffering from alcoholism and drug dependency, and

(iii) the medical and social effects of the consumption of alcohol and other drugs; and

(c) co-ordinate the activities of other government-funded agencies that deal with problems related to the consumption of alcohol and other drugs.

1981 c83 s11

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Powers of commission

12. (1) The commission may

(a) establish, conduct, manage and operate clinics and centres for the reception, observation and treatment of persons suffering from alcoholism or drug dependency;

(b) enter into agreements with hospitals and other institutions for the accommodation, care and treatment of persons suffering from alcoholism or drug dependency;

(c) enter into other agreements with a person, association, agent or commission that may be necessary for or incidental or conducive to the carrying out of the objects of the commission; and

(d) do the other matters and things that may be necessary or desirable for exercising the powers conferred by this Act or powers incidental to the Act.

(2) The commission may acquire assets and property both real and personal by way of purchase, lease, grant, hire, exchange or otherwise and dispose of that property.

1981 c83 s12; 1988 c40 s4

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Staff

13. (1) Subject to the approval of the minister and in the manner authorized by law, the commission may employ

(a) an executive director of the commission; and

(b) other persons to enable the commission to carry out its duties under this Act.

(2) A person employed by the commission shall be paid a salary and be reimbursed for expenses at a rate to be fixed by the minister following consultation with the Treasury Board.

1988 c40 s5

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Public Service Pensions Act

14. The Public Service Pensions Act applies to the chairperson and a person employed under section 13.

1981 c83 s14

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Advisory committees

15. (1) Subject to the approval of the minister, the commission may appoint advisory committees for different regions of the province to help it in carrying out the objects of this Act.

(2) The commission may make rules governing the establishment and activities of an advisory committee established under subsection (1).

1981 c83 s15

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Reports

16. (1) Before November 1 in each year the commission shall prepare and submit to the minister a report of its operations during the immediately preceding financial year.

(2) In addition to the report prepared under subsection (1) the commission shall prepare other reports that the minister may require.

1981 c83 s16; 1988 c40 s6

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Financial year

17. The financial year of the commission is from April 1 to March 31 in each year.

1981 c83 s17

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Annual budget

18. (1) Not later than December 31 in each year the commission shall prepare, adopt and submit to the minister a budget containing estimates of amounts required during the next financial year.

(2) In each budget prepared under subsection (1), there is to be set out, in the detail and form that the minister may prescribe, the estimated revenue and expenditures of the commission in respect of the financial year for which the budget is prepared.

(3) The minister may approve or alter a budget submitted to him or her by the commission.

(4) Notwithstanding subsection (3), the commission may reallocate expenditures during the financial year if the reallocating of expenditures does not result in an increase of the total expenditure of the grant as approved by the Legislature.

1981 c83 s18; 1988 c40 s7

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Appropriation

19. The expenses of the commission shall be defrayed out of money appropriated for that purpose by the Legislature.

1981 c83 s19

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Audits

20. The auditor general shall audit the accounts of the commission and may call for and shall be supplied by the commission with the books and vouchers that he or she considers to be necessary in order to prepare the audit.

1981 c83 s20

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Regulations

21. The commission, with the approval of the Lieutenant-Governor in Council, may make the regulations necessary for carrying out the purpose of this Act.

1981 c83 s21

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