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RSNL1990 CHAPTER S-25

STATUS OF WOMEN ADVISORY COUNCIL ACT

Amended:

1991 c32; 1992 c39 s17; 1996 cR-10.1 s68

CHAPTER S-25

AN ACT RESPECTING THE ADVISORY COUNCIL ON THE STATUS OF WOMEN

Analysis



Short title

        1. This Act may be cited as the Status of Women Advisory Council Act.

1980 c18 s1

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Definition

     1.1 In this Act "minister" means the minister designated by order of the Lieutenant-Governor in Council to be the minister responsible for the status of women.

1991 c32 s1

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Advisory council

        2. The Provincial Advisory Council on the Status of Women - Newfoundland and Labrador is continued as a corporation, in this Act called the advisory council.

1983 c69 s1

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Duties

        3. The advisory council shall

             (a)  advise the minister on those matters relating to the status of women that the minister refers to the advisory council for consideration;

             (b)  advise the minister on those matters relating to the status of women that the advisory council feels appropriate; and

             (c)  bring before the government and the public matters of interest and concern to women; and

             (d)  establish the general policies that will govern the organization, administration and operation of the advisory council.

1980 c18 s3; 1991 c32 s2

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Members

        4. (1) The advisory council shall consist of 11 members appointed by the Lieutenant-Governor in Council.

             (2)  The members of the advisory council shall be appointed for a term of 3 years.

             (3)  A member is eligible for reappointment.

             (4)  An appointed member of the advisory council whose term of office has expired shall continue to be a member of that board until a successor is appointed.

             (5)  Within 3 months of the expiry of a term of office of a member the Lieutenant-Governor in Council shall appoint or reappoint a member.

             (6)  No member of the advisory council is personally liable for loss or damage suffered by a person by reason of anything done or omitted to be done by that member in the execution of the office or in the exercise of or supposed exercise of, the powers given to the advisory council or to a member of the advisory council.

1980 c18 s4; 1991 c32 s3

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Vacancy

        5. Where a member of the advisory council 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.

1980 c18 s5

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Meetings

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

             (2)  Meetings of the advisory council may be held anywhere in the province.

1980 c18 s6; 1991 c32 s4

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Expenses

        7. Members of the advisory council shall serve without reimbursement other than

             (a)  remuneration for those meetings of the advisory council that a member attends that may be prescribed by the Lieutenant-Governor in Council; and

             (b)  disbursements for expenses necessarily incurred by a member in connection with the work of the advisory council, that may be prescribed by the Lieutenant-Governor in Council.

1980 c18 s7

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President

        8. (1) The Lieutenant-Governor in Council shall appoint from the 11 members, a president and vice-president of the advisory council.

             (2)  The president is the chief executive officer of the advisory council and shall direct the activities of the advisory council and coordinate its work.

             (3)  Notwithstanding section 7, the president shall be paid an annual salary.

1980 c18 s8; 1996 cR-10.1 s68

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Vice-president

        9. Where the president is unable to exercise the powers and duties of president, the vice-president shall act in place of the president and subsection 8(3) applies to the vice-president as may be appropriate in the circumstances.

1980 c18 s9

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Powers

     10. The advisory council may

             (a)  receive and hear submissions and suggestions from individuals and groups concerning the status of women;

             (b)  research matters relating to the status of women and suggest research areas that may be studied by an interested person;

             (c)  recommend and participate in programs concerning the status of women;

             (d)  recommend legislation, policies and practices to promote equality of opportunity for women and to improve the status of women;

             (e)  publish reports, studies and recommendations that the advisory council feels advisable;

              (f)  present reports to the Premier for presentation to the House of Assembly;

             (g)  appoint, promote or remove administrative and secretarial staff and all other employees except the president and vice-president;

             (h)  accept and disburse grants, gifts and bequests to the advisory council and payments for services and research;

              (i)  select a seal for the advisory council and retain sole custody and use of it;

              (j)  appoint advisory committees and pay the reasonable expenses incurred in connection with the work of a committee that the advisory council may approve;

             (k)  delegate to a committee, appointed under paragraph (j), those of the powers and duties of the advisory council that it thinks appropriate;

              (l)  provide facilities and grants, enter into agreements for research and prescribe the terms and conditions under which research may be conducted on behalf of the advisory council; and

            (m)  perform those other functions not inconsistent with this Act that it considers advisable for its proper administration and advancement.

1980 c18 s10; 1991 c32 s5

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By-laws

   10.1 (1) The advisory council may, subject to the approval of the Lieutenant-Governor in Council, make by-laws for the regulation of its proceedings and generally for the conduct of its activities, including the establishment of special, standing and other committees of the advisory council.

             (2)  A by-law made under subsection (1) establishing an advisory committee of the advisory council may provide for the membership on it of persons other than members of the advisory council, in addition to members of the advisory council.

1991 c32 s6

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Contracts

   10.2 The advisory council may enter into contracts with a government, a government agency or a government funded organization for the purpose of carrying out the provisions of this Act.

1991 c32 s6

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Advisory council fund

   10.3 The advisory council may establish a fund to be called the advisory council fund, to which shall be credited those sums of money that may be paid to the advisory council for that purpose under section 10.5.

1991 c32 s6

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Property

   10.4 The advisory council may, for the purpose of this Act, acquire, hold, manage and dispose of real and personal property, and may invest money standing to the credit of the advisory council in those investments that are authorized investments for a trustee under The Trustee Act or in those investments that are specifically approved by the Lieutenant-Governor in Council and may hold, manage and dispose of those investments.

1991 c32 s6

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Donations

   10.5 (1) The advisory council may acquire money, securities and other property by gift, bequest or otherwise and may expend, administer or dispose of the money, securities or other property not forming part of the advisory council fund, subject to the terms upon which the money, securities or other property was given, bequeathed or otherwise made available to the advisory council.

             (2)  Where money is received by the advisory council by gift, bequest or otherwise and there are no terms upon which the money was given, the money shall be credited to the advisory council fund.

1991 c32 s6

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Executive director

     11. (1) The advisory council may appoint an executive director for the advisory council.

             (2)  The executive director is responsible to the advisory council and for the purpose of this Act, shall be considered to be an employee of the advisory council.

             (3)  The advisory council may remove the executive director for cause.

1991 c32 s7; 1992 c39 s17

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Duties of executive director

     12. The executive director shall perform those duties that may be assigned to the executive director by the advisory council and shall

             (a)  keep the minutes of the meetings of the advisory council;

             (b)  provide those services that the advisory council may request; and

             (c)  supervise, subject to direction from the president, projects undertaken by the advisory council.

1980 c18 s12; 1983 c69 s2; 1991 c32 s8; 1992 c39 s17

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Staff

     13. (1) The advisory council may retain a person under contract as may, in the opinion of the advisory council, be necessary to carry out the powers and duties of the advisory council.

             (2)  Where a person is retained under subsection (1), that person shall, for the purpose of this Act, be considered to be an employee of the advisory council.

1980 c18 s13; 1991 c32 s9

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Pensions

   13.1 The Public Service Pensions Act, 1991 shall apply to all full time permanent employees of the advisory council.

1992 c39 s17

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Annual report

     14. (1) The advisory council shall, within 6 months after the end of a financial year, submit to the minister a written report including

             (a)  a report of meetings held by the advisory council during the year;

             (b)  a report of the findings, conclusions and recommendations made by the advisory council to the minister during the year;

             (c)  a copy of the report by the auditor general submitted under subsection 17(2); and

             (d)  a financial statement setting out

                      (i)  the assets and liabilities of the advisory council, and

                     (ii)  the revenue and expenditure of the advisory council for the previous financial year.

             (2)  The minister shall, within 2 months of the receipt of the report, present the report of the advisory council to the House of Assembly where the House of Assembly is then in session and, where it is not, within 1 month after the beginning of the next session.

1980 c18 s14; 1983 c69 s3; 1991 c32 s11

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Budget

     15. (1) The advisory council shall not later than December 31 in a year, prepare, adopt and submit to the minister a budget containing estimates of sums required during the next financial year for the purposes of the advisory council, and in a budget there shall be set out the estimated revenue and expenditure in a detail and in a form that the minister may prescribe.

             (2)  The financial year of the advisory council begins on April 1 in a year and ends on March 31 in the next year.

1980 c18 s15; 1983 c69 s4; 1991 c32 s12

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General funds

     16. (1) The general funds of the advisory council shall consist of

             (a)  money appropriated by the Legislature for that purpose;

             (b)  fees, gifts, bequests, grants or other money received by the advisory council for its general purposes and not subject to a special trust or condition;

             (c)  money that the advisory council may collect for its use or its facilities, or for research; and

             (d)  other money received by the advisory council for its general purposes.

             (2)  All payments required to be made from the funds of the advisory council shall be made by cheque or order signed by either the executive director, or the president of the advisory council and another person that the advisory council may designate.

1991 c32 s13; 1992 c39 s17

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Expenditure

   16.1 (1) The advisory council may pay all necessary expenses of its operations out of its general funds.

             (2)  Except with the approval of the minister, the advisory council shall not in a year incur, enter upon, or contract or become liable for an expenditure or indebtedness beyond or in excess of the estimated amount of expenditure set out in its budget.

1991 c32 s13

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Audit of accounts

     17. (1) The auditor general shall audit the accounts of the advisory council and has authority to call for and shall be supplied by the advisory council with books and vouchers that he or she considers necessary for his or her audit.

             (2)  The auditor general shall submit a report of the examination to the president of the advisory council.

1980 c18 s17

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Regulations

     18. The Lieutenant-Governor in Council may make regulations

             (a)  prescribing the remuneration to be paid to a member of the advisory council;

             (b)  setting the yearly salary of the president; and

             (c)  for carrying out the purposes of this Act.

1991 c32 s14