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Revised Statutes of Newfoundland 1990
AN ACT TO PROVIDE FOR THE ADMINISTRATION OF CERTAIN FACILITIES CONSTRUCTED FOR THE CANADA GAMES SUMMER GAMES
1. This Act may be cited as the Canada Games Park Commission Act.
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2. In this Act
(a) "city" means the City of St. John's incorporated under the City of St. John's Act.
(b) "commission" means the Canada Games Park Commission referred to in section 3; and
(c) "minister" means the Minister of Municipal and Provincial Affairs.
1978 c66 s2; 1979 c49 Sch 2; 1981 c4 Sch F;
3. The Canada Games Park Commission is continued as a corporation consisting of
(a) 5 members to be appointed by the Lieutenant-Governor in Council;
(b) 1 member to be appointed by the city; and
(c) 1 member to be appointed by the Lieutenant-Governor in Council upon the recommendation of the board of directors of the Newfoundland and Labrador Amateur Sports Federation.
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Term of office
4. (1) A member may be appointed for a term not exceeding 3 years and is eligible for reappointment for a further term not exceeding 3 years.
(2) A member who has served for 2 successive terms may be reappointed following the expiration of 1 year after the end of the member's 2nd term.
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5. (1) Where the office of a member becomes vacant, the Lieutenant-Governor in Council or the city, whichever made the original appointment, shall appoint a person to serve for the remainder of that member's term.
(2) Where the office to be filled under subsection (1) is that filled under paragraph 3(c) the person appointed is to be appointed under that paragraph upon the recommendation of the board of directors of the Newfoundland and Labrador Amateur Sports Federation.
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6. The Lieutenant-Governor in Council shall designate 1 of the members to be chairperson, and another member to be vice-chairperson.
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7. Members may be reimbursed for their reasonable expenses incurred as a result of commission business, but are not to be otherwise reimbursed for their services.
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Title and management of property
8. (1) All property acquired and held for the use of the commission is vested in the Crown.
(2) The commissioner has the management and control of the property referred to in subsection (1).
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9. All property under the management and control of the commission is exempt from taxes imposed by the City of St. John's Act.
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Objects of commission
10. The commission shall
(a) permit, sponsor, promote and initiate recreational programs and activities and sporting games and competitions in and on the property and facilities managed and controlled by it for persons of all ages and interests in order to advance the physical well-being of the people of the province;
(b) stimulate interest in the sports that may be carried out in the facilities managed and controlled by it;
(c) encourage and support sports governing bodies in the province for the purpose of increasing participation and developing competitive excellence in amateur sports; and
(d) establish, promote and encourage programs for the health, welfare and well-being of the aged, handicapped and disabled people of the province.
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Powers of commission
11. Without limitation of the powers vested in a corporation under the Interpretation Act, the commission may
(a) conduct financial campaigns to raise funds for the purpose of carrying out the objects of the commission;
(b) apply to the federal and provincial governments and municipal authorities for grants for the purpose of carrying out the objects of the commission;
(c) subject to the approval of the minister, borrow money for the purpose of carrying out the objects of the commission;
(d) invest money of the commission not immediately required for its purpose in or upon the investments, securities or property that it thinks appropriate;
(e) support and help in the establishment of other associations formed for the objects of the commission;
(f) affiliate with or become a member of an organization, institution, society, association, national or international federation, having objects similar to those of the commission;
(g) subject to the approval of the minister, enter into agreements with the federal, provincial or municipal governments or a person that may be conducive to the objects of the commission;
(h) accept and solicit grants, gifts or donations;
(i) enter into a lease or rental arrangement of the facilities managed by the commission on the terms and conditions that it considers advisable; and
(j) charge a fee to persons for the use of the facilities and admission to them.
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Appointment of staff
12. (1) Subject to the approval of the minister, the commission may employ a manager and other staff as is necessary to operate the property managed by it, and may fix their salary and terms of employment.
(2) The minister may, by order,
(a) permit the commission to employ persons in the posts that may be set out in the order; and
(b) fix the salary scale and the term of employment for each class of employees.
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13. The Public Service Pensions Act applies to the full-time staff of the commission as if they were employees within the meaning of that Act.
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Insurance for employees
14. (1) The commission may establish a group insurance scheme for its employees and for that purpose may enter into the arrangements that the commission may determine with an insurance company or with the Crown.
(2) A group insurance scheme entered into under subsection (1) is to be based on a plan of contributions by the commission and its employees.
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15. The financial year of the commission is from April 1 to March 31 in each year.
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16. (1) Not later than December 31 in each year the commission shall prepare, adopt and submit to the Lieutenant-Governor in Council through the minister a budget containing estimates of all 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 Lieutenant-Governor in Council may approve or alter a budget submitted by the commission.
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17. Where in a financial year it appears that the actual revenue or expenditure of the commission is likely to be substantially greater or less than estimated in its budget, the commission may, and where required by the minister shall, submit to the Lieutenant-Governor in Council through the minister a revised budget together with the particulars of actual revenues and expenditures up to the date of the submission.
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Effect of budget
18. Except with the prior approval of the Lieutenant-Governor in Council, the commission shall not in a year incur, enter upon, contract or become liable for an expenditure or indebtedness beyond or in excess of the estimated amount of expenditure set out in the approved budget.
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19. (1) The commission shall, not later than December 30 in each year, prepare and submit to the minister a financial statement setting out
(a) the assets and liabilities of the commission; and
(b) the revenue and expenditure of the commission for the previous financial year, together with a report outlining the work of the commission during the previous financial year.
(2) The financial statement and report shall be signed by the chairperson and 1 other member.
(3) The financial statement shall be certified by the auditor general and shall have attached to it a report that the auditor general has made to the commission.
(4) The financial statement and report shall be laid by the minister before the House of Assembly within 15 days after it has been submitted to the minister or, if the House of Assembly is not then sitting, within the 1st 15 days of the next sitting.
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20. The auditor general shall audit the accounts of the commission and may call for and shall be supplied by the commission with all the books and vouchers that the auditor general considers necessary in order to prepare the audit.
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21. Whenever the auditor general makes an interim examination of the accounts of the commission he or she shall submit a report to the chairperson and the minister.
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22. Subject to the approval of the minister, the commission may make regulations
(a) respecting the use, management and control of the facilities that it operates;
(b) respecting the procedure of the commission, the conduct of its meetings and the duties of its officers;
(c) respecting the establishment of standing and special committees;
(d) respecting the terms of reference, composition, powers and duties of standing and special committees; and
(e) generally, to give effect to the purpose of this Act.
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