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Copyright 2000: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER D-8

AN ACT RESPECTING THE DEPARTMENT OF DEVELOPMENT

Analysis

1. Short title

2. Definitions

3. Department constituted

4. Staff

5. Seal

6. Powers and duties of minister

7. Consultation and conferences

8. Agreements with governments

9. Agreements generally

10. Agreements amended

11. Prior approval for agreements

12. Implementation of agreements

13. Other departments

14. Boards, committees, etc.

15. Minister's powers over boards

16. Regulations

17. Documents

18. Accounts

19. Security

20. Actions

21. Certified copies of documents

22. Property

23. Payments

24. Offences

25. Consent to prosecution

Schedule


Short title

1. This Act may be cited as the Department of Development Act.

1989 c22 s1

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Definitions

2. In this Act

(a) "department" means the Department of Development constituted by this Act;

(b) "deputy minister" means the Deputy Minister of Development appointed under this Act; and

(c) "minister" means the Minister of Development referred to in section 3.

1989 c22 s2; 1990 c60 s35

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Department constituted

3. (1) There shall be a department of the government called the Department of Development over which the Minister of Development appointed by the Lieutenant-Governor by commission under the Great Seal of the province shall preside.

(2) The minister has the management and direction of the department and holds office during pleasure.

1989 c22 s3

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Staff

4. (1) The Lieutenant-Governor in Council may appoint an officer called the Deputy Minister of Development.

(2) The deputy minister shall be the deputy head of the department and shall hold office during pleasure.

(3) Those other officers and employees that are necessary for the proper conduct of the business of the department shall be appointed or employed in the manner authorized by law, but the minister may temporarily employ those technical and other assistants that the minister considers necessary.

(4) Where there is no deputy minister or the deputy minister is absent, and unless otherwise provided by the Lieutenant-Governor in Council, an officer named by the minister has the powers and shall perform the duties of the deputy minister.

1989 c22 s4

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Seal

5. (1) The department shall have a seal which shall be officially and judicially noticed.

(2) Where the official seal of the department is used, it shall be authenticated by the signature of the minister or by the signature of the deputy minister, or, where there is no deputy minister or the deputy minister is absent, by the signature of the person who, under subsection 4(4), has the powers of the deputy minister.

1989 c22 s5

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Powers and duties of minister

6. The powers, functions and duties of the minister extend to and include

(a) the supervision, control and direction of all matters relating to the promotion generally of the development of the province, the tourist industry of the province, the encouragement generally of development in the rural and northern areas of the province, including all matters relating to

(i) the encouragement of the establishment in the province of new industries suited to the needs of the province, and especially industries based on the natural resources and products of the province,

(ii) the encouragement of the development of established industries, the diversification of products and the application of modern methods for the production, manufacture and marketing of products,

(iii) the analyzing and evaluating of requests for financial assistance for establishing or expanding industries, the identifying of problems likely to affect the success of those projects, the conducting of studies to determine the industrial development advantages of the province and its industrial opportunities and the conducting of feasibility studies and cost-benefit analyses and related tasks,

(iv) the promoting of the industrial development opportunities of the province by utilizing mass media advertising, preparation and publication of promotional literature, participation in trade fairs, exhibitions and international trade missions and providing guidance and general assistance to industrial prospects regarding the utilization of the provisions of the Regional Development Incentives Act (Canada), the Special Areas Act (Canada) and other Acts of the Parliament of Canada, industrial site location and other related matters,

(v) the monitoring of the operations of industries receiving financial assistance from the government of the province to the end that the interests of the government are fully protected,

(vi) the improvement, throughout the province, of accommodation, facilities and services for tourists, travellers and vacationers,

(vii) the publicizing of those aspects of the province's beauty, culture, attractions and advantages that are considered to have an appeal for the tourists, travellers and vacationers of the world,

(viii) the stimulation and co-ordination of the activities of all associations or other public or private organizations engaged in developing the tourist traffic of the province and generally the promotion and facilitation of tourist traffic and the development of a unified tourist policy,

(ix) the registration of co-operative bodies and the provision of inspection and examination of the affairs of co-operative bodies that may be necessary to secure the observance of and compliance with the requirements of all Acts relating to co-operatives and co-operative development and regulations under those Acts,

(x) the encouragement, promotion, establishment, development, co-ordination and implementation of co-operatives generally,

(xi) the provision of information and advice to rural areas in the province with regard to incentives, loan facilities, programs and other benefits which are available to those areas both federally and provincially and the giving of assistance for the purpose of obtaining those benefits,

(xii) the provision of information and advice with respect to local or regional planning in rural areas,

(xiii) the promotion and guidance of rural development and regional planning groups and associations,

(xiv) the centralization of the population of the province, including counselling and guidance before and after relocation,

(xv) the promotion and guidance of small industries and enterprises in rural areas and in the home,

(xvi) the encouragement generally of co-operation and co-operative development,

(xvii) notwithstanding the provisions of the Crown Guarantee and Loan Act, but subject to the approval of the Lieutenant-Governor in Council and to those terms and conditions that the Lieutenant-Governor in Council may prescribe, financial assistance, by way of grant, loan or otherwise, to associations, groups, corporations, firms or other bodies or persons engaged in, or about to engage in, small industries and enterprises in rural areas or in the home,

(xviii) the encouragement, promotion, establishment, development, co-ordination and implementation of activities, services and programs designed to promote the well-being of the citizens of northern areas of the province, and elsewhere if so specifically provided, and the minister may

(A) carry on a business as a merchant, trader, commission agent or in another capacity and import, export, levy, sell, barter, exchange, make advances upon, or otherwise deal in goods, produce and merchandise,

(B) establish or acquire and carry on offices, trading stations, factories, stores and depots and purchase, lease or otherwise acquire, carry on, develop and improve a business or real or personal property,

(C) provide in conjunction with the carrying out of clause (A) or for another purpose, the training of persons,

(D) encourage, either alone or in co-operation with other departments and agencies of the government of the province, or of another province, or of Canada, the promotion and marketing of goods, produce and merchandise, and

(E) keep accounts and records of all business and other financial transactions, including transactions referred to in clauses (A) and (B), and prepare annual profit and loss statements, balance sheets and other related documents, and

(xix) the administration, subject to The Public Service Rearrangements and Transfers of Duties Act, of the Acts set out in the Schedule and of all orders and regulations made under those Acts and of those other Acts, orders and regulations that are designated by the Lieutenant-Governor in Council,

which are not by law or by order of the Lieutenant-Governor in Council assigned to another minister or department of the government;

(b) liaison and co-operation with

(i) the Government of Canada or a department, agency or body under the jurisdiction of that government,

(ii) the government of a province or a department, agency or body under the jurisdiction of the government of a province, or

(iii) a development corporation or other corporation or other body or person

that may be necessary or desirable for carrying out the purpose of this Act;

(c) authorizing a person to act on the minister's behalf under an agreement with the Government of Canada or a department, agency or body under the jurisdiction of that government;

(d) the undertaking, promotion or recommendation of measures for the control and direction of matters referred to in paragraph (a);

(e) the collection, compilation, analyzing and recording of statistical and other information relating to matters referred to in paragraph (a) that may be useful;

(f) the preparation and publication of statistics, reports, records, bulletins, pamphlets, circulars and other means of disseminating information in relation to matters referred to in paragraph (a) that may be useful;

(g) the study of, reporting on and advising upon the system and administration of matters referred to in paragraph (a);

(h) the consideration of and reporting upon a recommendation for a change in the laws of the province relating to matters referred to in paragraph (a) that is presented or made by an organization or person;

(i) the making of inquiries into and reports upon legislation respecting matters referred to in paragraph (a) in force in Canada and throughout the world and, on the basis of those inquiries and reports, making those recommendations that may be considered advisable with regard to the laws of the province;

(j) the doing of other things or the exercise of other powers that are necessary or desirable for carrying out the purpose of this Act; and

(k) the exercise and discharge of other powers, functions and duties that the Lieutenant-Governor in Council assigns to the minister.

1989 c22 s6; 1990 c60 s35

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Consultation and conferences

7. In exercising the minister's powers or carrying out the minister's duties and functions under this Act, the minister may consult with and inaugurate conferences of representatives of those bodies or persons that the minister considers advisable.

1989 c22 s12

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Agreements with governments

8. (1) Subject to the approval of the Lieutenant-Governor in Council, the minister may enter into agreements with the Government of Canada or of a province of Canada or an agency of the Government of Canada or the government of a province providing for

(a) the joint undertaking by the government of the province or an agency of the government with those governments, or an agency of those governments, of projects relating to an aspect of the powers, functions or duties of the minister; and

(b) the payment by or to the province of contributions in respect of the cost of projects referred to in paragraph (a).

(2) The minister may, for the purpose of this Act, and subject to the approval of the Lieutenant-Governor in Council, prepare and undertake, alone or with Canada or with a province of Canada, programs of research and investigation, and may co-ordinate those programs with other similar programs being undertaken in the province or elsewhere in Canada.

1989 c22 s13

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Agreements generally

9. Subject to the approval of the Lieutenant-Governor in Council, the minister may enter into an agreement for the purpose of exercising or discharging his or her powers, functions or duties.

1989 c22 s14

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Agreements amended

10. Power to enter into an agreement shall include power to amend that agreement but, where the approval of the Lieutenant-Governor in Council to the original agreement is required, that approval is also required for an amending agreement.

1989 c22 s15

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Prior approval for agreements

11. (1) Notwithstanding that the approval of the Lieutenant-Governor in Council is required for an agreement under subparagraph 6(a)(xvii), section 8 or 9, the Lieutenant-Governor in Council may approve terms, conditions and monetary limits subject to which the minister may, without prior approval of the Lieutenant-Governor in Council, enter into agreements under subparagraph 6(a)(xvii), section 8 or 9.

(2) Subject to the terms, conditions and monetary limits approved by the Lieutenant-Governor in Council under subsection (1), the minister may enter an agreement without the approval of the Lieutenant-Governor in Council.

(3) Where the minister enters into an agreement under subsection (2), the minister may enter into an amending agreement, subject to those same terms, conditions and limits.

(4) Notwithstanding subsection (3), where an amendment to an agreement would result in the agreement, as amended, exceeding or violating the terms, conditions and monetary limits, the minister shall not enter into the amending agreement without first obtaining the approval of the Lieutenant-Governor in Council.

1989 c22 s16

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Implementation of agreements

12. The minister may implement an agreement made under this Act.

1989 c22 s17

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Other departments

13. In carrying out a project or research program under this Act or under an agreement made under this Act, the minister shall, where possible, make use of the services and facilities of other departments of the government.

1989 c22 s18

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Boards, committees, etc.

14. The Lieutenant-Governor in Council may establish boards, committees and councils to assist and advise the minister in administering this Act and appoint the members of those boards, committees and councils.

1989 c22 s19

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Minister's powers over boards

15. The rights, duties, powers, liabilities and functions of the minister extend and apply to those boards and other public bodies, officials, subjects, services and properties of the Crown that the Lieutenant-Governor in Council designates and assigns to the minister and over which the minister is given the control, regulation, management and supervision.

1989 c22 s20

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Regulations

16. (1) The Lieutenant-Governor in Council may make regulations

(a) necessary or desirable for the carrying out of the minister's powers, functions and duties under this Act;

(b) providing for the management, maintenance, proper use and protection of real or personal property of which the minister has the management and control; and

(c) generally, to give effect to the purpose of this Act.

(2) The Lieutenant-Governor in Council may, in regulations made under subsection (1), prescribe penalties for contravening those regulations.

1989 c22 s21

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Documents

17. (1) An agreement, deed or other writing made or executed under this Act shall not bind the government or the minister or be held to be the act of the government or the minister unless it is signed by the minister or the deputy minister or 1 of the persons designated under subsection 4(4) to exercise the powers and perform the duties of the deputy minister in the circumstances specified.

(2) Subsection (1) does not apply to transactions in the routine course of administering the affairs of the department under this Act.

1989 c22 s22

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Accounts

18. The minister, the deputy minister or an officer named by the minister under subsection 4(4) may require an account furnished by a person, whether in the employ of the department or not, to be attested on oath or affirmation, which oath or affirmation may be administered by the minister, the deputy minister or an officer referred to in subsection 4(4).

1989 c22 s23

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Security

19. The minister, the deputy minister or an officer named by the minister under subsection 4(4) shall have power to require and take security by way of bond or deposit of money for the performance of work in accordance with an agreement entered into with the minister or the department or an employee of the department.

1989 c22 s24

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Actions

20. Unless otherwise provided by law, all actions, suits and other proceedings taken by the minister or the department for the enforcement of an agreement or for the recovery of damages in tort or arising out of contract or for the trial of a right in respect of real or other property under the control of the minister shall be instituted in the name of the Attorney General.

1989 c22 s25

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Certified copies of documents

21. A copy of a map, plan or other document in the custody of the department, certified by the deputy minister to be a true copy, is considered to be authentic and is, in the absence of evidence to the contrary, evidence of the same legal effect as the original for the purpose of a proceeding in a court or for another purpose.

1989 c22 s26

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Property

22. (1) The minister, for and in the name of the Crown, may acquire by purchase, lease or otherwise and hold, manage and control real or personal property which the minister considers necessary for the purpose of this Act.

(2) The minister may

(a) sell; or

(b) lease, rent, hire or otherwise dispose of for a period and subject to those terms and conditions that the minister may stipulate, property of which the minister has the management and control.

(3) All money received by the minister in the exercise of the powers conferred on the minister by subsection (2) shall be paid into the Consolidated Revenue Fund.

(4) Where the Crown acquires or disposes of property through the minister, the minister or the deputy minister may execute all deeds and documents on behalf of the Crown with his or her signature and official title and with the seal of the department.

1989 c22 s27

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Payments

23. Payments required to be made by or on behalf of the Crown under an agreement entered into under this Act or in carrying out this Act or the regulations shall be paid by the Minister of Finance, on the request of the minister, out of the Consolidated Revenue Fund.

1989 c22 s28

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Offences

24. (1) A person who contravenes this Act or the regulations is guilty of an offence and is, where no penalty is specifically provided in this Act or the regulations, liable on summary conviction in the case of a 1st conviction to a fine not exceeding $500 and in the case of a 2nd or subsequent conviction for a similar offence to a fine not exceeding $1,000 and, in either case, in default of payment to imprisonment for a term not exceeding 3 months.

(2) For the purpose of subsection (1), a conviction is not considered to be a 2nd or subsequent conviction unless it is in respect of an offence committed within 12 months after a prior offence, and all convictions that are not 2nd or subsequent convictions are considered 1st convictions.

(3) Every continuance for a day or a part of a day of a contravention referred to in subsection (1) constitutes a separate offence.

1989 c22 s29

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Consent to prosecution

25. A prosecution under this Act or the regulations shall not be taken except with the written consent of the minister.

1989 c22 s30

 

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Schedule

1. Animal and Poultry Feed Mill Act, 1962

2. Co-operative Societies Act

3. Economic Council Act

4. Enterprise Newfoundland and Labrador Corporation Act

5. Evacuated Communities Act

6. Industrial Development Loan Act

7. Industries Act

8. Innkeepers Act

9. Newfoundland Research Council Act

10. Tourist Development Loan Act

11. Tourist Establishments Act

1989 c22 Sch A; 1990 c60 s35

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