35

 


 

Third Session, 46th General Assembly

59 Elizabeth II, 2010

BILL 35

AN ACT TO AMEND THE PUBLIC SAFETY ACT

Received and Read the First Time...................................................................

Second Reading..............................................................................................

Committee......................................................................................................

Third Reading.................................................................................................

Royal Assent...................................................................................................

HONOURABLE HARRY HARDING

Minister of Government Services

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Public Safety Act to revise the appeals process under that Act. The proposed amendments would:

ˇ         add provisions to the Act to enhance the governance structure of the public safety appeal board, including provisions respecting the appointment of a chairperson of the board, and the appointment and replacement of members of the board;

ˇ         prescribe the procedures of the board upon an appeal;  

ˇ         allow decisions of the board to be appealed to the Trial Division; and

ˇ         make a consequential change to the Electrical Regulations made under that Act.

A BILL

AN ACT TO AMEND THE PUBLIC SAFETY ACT

Analysis


        1.   Ss 25 to 28 R&S
25.   Appointment of appeal
        board
26.   Appeal to board
27.   Procedure
27.1 Consideration of
        appeal
27.2                       Commencement of
        appeal
27.3 Effect of appeal
27.4                       Notice
28.   Appeal to Trial
        Division

        2.   NLR 120/96 Amdt.


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL1996 cP-41.01

        1. Sections 25 to 28 of the Public Safety Act are repealed and the following substituted:

Appointment of appeal board

      25. (1) The Lieutenant-Governor in Council may, from the persons recommended by the minister, appoint an appeal board to make decisions regarding a person aggrieved by an action taken under this Act or the regulations, and that board shall consist of 5 members.

             (2)  The Lieutenant-Governor in Council shall, upon the recommendation of the minister, appoint from among the members, one person to act as the chairperson.

             (3)  A person appointed under subsection (1) shall be appointed for a term of 3 years and is eligible for reappointment.

             (4)  Notwithstanding subsection (3), a member shall continue to be a member until he or she is replaced or reappointed.

             (5)  Where a vacancy occurs in the membership of the board, the Lieutenant-Governor in Council shall, from among persons recommended by the minister, appoint a person to replace that member and that person shall be a member for the unexpired term of the person he or she is replacing.

             (6)  A member shall be paid remuneration and reasonable expenses that the Lieutenant-Governor in Council may fix.

             (7)  A decision of the board shall not be void by reason only that there are one or more vacancies in the membership of the board.

Appeal to board

      26. (1) An action confirmed, revoked or varied by the chief inspector under section 24, or a notice, decision or order of the chief inspector personally, may be appealed to the appeal board by notice in writing within 30 days of the confirmation, revocation or variation, or the notice, decision or order, of the chief inspector.

             (2)  The person who receives a notice of appeal under subsection (1) shall forward the notice to the chairperson of the board or to his or her designate, not more than 15 days after receiving it.

             (3)  Upon receipt of a notice of appeal under subsection (1), the chairperson shall assign 3 members, including the chairperson, to consider the appeal.

             (4)  Notwithstanding subsection (3), the chairperson may designate another member to act as chairperson for the purpose of the conduct and hearing of an appeal.

             (5)  The chairperson, or his or her designate, may dismiss the appeal with the consent of all parties.

             (6)  A decision of the members assigned to consider an appeal under subsection (3) shall be considered to be a decision of the board.

Procedure

      27. The chief inspector shall forward to the chairperson or his or her designate not more than 30 days after the notice of appeal is sent to the board under subsection 26(1)

             (a)  the record of oral evidence, if any, that was

                      (i)  before the person who made the original order or decision appealed under section 24, and

                     (ii)  before the chief inspector in consideration of the appeal;

             (b)  documentary evidence, if any, that was

                      (i)  before the person who made the original order or decision appealed under section 24, and

                     (ii)  before the chief inspector in consideration of the appeal;

             (c)  other things received as evidence

                      (i)  before the person who made the original order or decision appealed under section 24, and

                     (ii)  before the chief inspector in consideration of the appeal; and

             (d)  the decision and written reasons for it, of

                      (i)  the person who made the original order or decision appealed under section 24, and

                     (ii)  the chief inspector in consideration of the appeal.

Consideration of appeal

   27.1 (1) The members considering an appeal may

             (a)  permit oral submissions;

             (b)  permit the introduction of evidence, oral or otherwise, if satisfied that new evidence has become available or been discovered that

                      (i)  is substantial and material to the decision, and

                     (ii)  did not exist at the time the original order or decision was made or was not discovered or could not reasonably have been discovered at the time that the original order or decision was made;

             (c)  consider evidence related to the appeal, whether or not that evidence would be permissible in court; and

             (d)  proceed with the hearing of an appeal in the absence of the appellant if the appellant has been given at least 10 days notice of that hearing.

             (2)  Members hearing an appeal may

             (a)  confirm the order or decision that is the subject of the appeal;

             (b)  revoke, suspend for a stated period of time or amend the order or decision that is the subject of the appeal; and

             (c)  impose other terms, conditions or actions with respect to the order or decision that is the subject of the appeal that the board considers necessary.

             (3)  A decision of the board shall

             (a)  be in writing; and

             (b)  state the reasons for that decision.

             (4)  The person who made the order or decision that is the subject of an appeal is bound by the decision of the board and shall give effect to the decision and recommendations received from the board.

             (5)  The decision of the board shall be given to the chairperson who shall forward copies to the parties to the appeal.

             (6)  The chief inspector shall be considered to be a party to the appeal.

Commencement of appeal

   27.2 An appeal under this Act must commence not more than 90 days after notice, in writing, has been received by the chairperson under subsection 26(2).

Effect of appeal

   27.3 An appeal under section 24 or 26 shall not affect the notice, decision, or order of an inspector, but the notice, decision or order of an inspector shall remain in force pending the outcome of the appeal.

Notice

   27.4 (1) A notice required to be given under this Act or the regulations is sufficiently given or served where delivered personally or sent by registered mail addressed to the person to whom delivery or service is to be made at the latest address of that person known to the chairperson.

             (2)  Where a person to whom a notice or other document is to be given or served as described in subsection (1) is a corporation, that notice or document shall be considered to be sufficiently given or served where

             (a)  delivered personally to a director or chief executive officer of the corporation; or

             (b)  delivered personally or by registered mail to the registered office of the corporation in the province.

Appeal to Trial Division

      28. (1) A person aggrieved by a decision of the board may appeal that decision to the Trial Division on a question of jurisdiction or law.

             (2)  A decision of the board being appealed under this section is not stayed by the filing of that appeal.

NLR 120/96 Amdt.

        2. Section 14 of the Electrical Regulations is repealed.