Short title

        1. This Act may be cited as the Law Reform Commission Act.

1971 No38 s1

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Definitions

        2. In this Act

             (a)  "commission" means the Newfoundland and Labrador Law Reform Commission continued under section 3; and

             (b)  "minister" means the minister appointed under the Executive Council Act to administer this Act.

RSN1990 cL-8 s2; 2001 cN-3.1 s2; 2006 c40 s21

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Commission

        3. (1) The Newfoundland and Labrador Law Reform Commission is continued.

             (2)  The membership of the commission shall consist of the number of members that the Lieutenant-Governor in Council may prescribe.

             (3)  The members of the commission shall be appointed by the Lieutenant-Governor in Council, and where there are more members than 1 the Lieutenant-Governor in Council shall designate 1 of the members to be chairperson of the commission.

             (4)  A member of the commission shall be appointed for a period of 3 years, but is eligible to be reappointed.

             (5)  A member may be removed for cause.

             (6)  The commission shall be responsible to the minister.

             (7)  The sole member or the chairperson of the commission shall be a lawyer of at least 10 years' standing at the bar of the province.

1971 No38 s3; 1977 c77 s101; 2001 cN-3.1 s2

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Remuneration

        4. The Lieutenant-Governor in Council may authorize the payment of the remuneration and expenses to the members of the commission that he or she may prescribe.

1971 No38 s4

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Appointment of staff

        5. (1) Subject to the approval of the Lieutenant-Governor in Council, the commission may establish posts for and appoint those officers and technical and professional and other employees that may be considered necessary, and fix their remuneration and expenses and terms of service and prescribe their duties and functions.

             (2)  A person employed in the administration of this Act shall preserve secrecy with respect to all matters that come to that person's knowledge in the course of his or her employment and shall not communicate the matters to another person except

             (a)  for purposes of the administration of this Act; or

             (b)  in other circumstances that the commission may prescribe.

1971 No38 s5

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Status of members and employees

        6. A member of the commission or a person employed by the commission does not become, because of the employment only, an officer or servant of the Crown.

1971 No38 s6

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Functions

        7. (1) It is the function of the commission to inquire into and consider a matter relating to

             (a)  reform of the law having regard to the statute law, the common law and judicial decisions;

             (b)  judicial and quasi-judicial procedures under an Act; or

             (c)  a subject referred to it by the minister.

             (2)  The commission may institute and direct legal research for the purpose of carrying out its functions.

             (3)  The commission shall report to the minister at the times that the progress of its work makes it advisable, and it shall report to the minister when requested by him or her in regard to a matter then under its deliberations.

1971 No38 s7

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Powers

     7.1 (1) The commission may receive money as a grant from sources other than government and disburse that money in a manner consistent with its functions.

             (2)  The commission may enter into contracts with a person who is not an employee of the commission for the purpose of conducting research in a subject matter that furthers its functions.

1991 c10 s1

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Payment

        8. Payments required to be made by the Crown in carrying out this Act shall be paid by the Minister of Finance, on the request of the minister, out of the Consolidated Revenue Fund.

1971 No38 s8

©Earl G. Tucker, Queen's Printer