15

 


 

First Session, 49th General Assembly

68 Elizabeth II, 2019

BILL 15

AN ACT TO AMEND THE LIQUOR CORPORATION ACT

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

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

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

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

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

HONOURABLE TOM OSBORNE

Minister of Finance and President of Treasury Board

Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Liquor Corporation Act to

·         require that the Deputy Minister of the Department of Finance and the president of the corporation be non-voting members of the board of directors of the corporation;

·         require that the Lieutenant-Governor in Council appoint not less than 5 and not more than 9 other members of the board of directors;

·         provide that a majority of the members appointed by the Lieutenant-Governor in Council constitutes a quorum of the board of directors;

·         allow members of the board of directors to be reappointed;

·         provide that members of the board of directors continue to serve until reappointed or replaced; and

·         clarify provisions respecting the appointment of the president of the corporation. 

 

A BILL

AN ACT TO AMEND THE LIQUOR CORPORATION ACT

Analysis


        1.   S.5 R&S
Board

        2.   S.5.1 Added
President

        3.   SNL2016 cI-2.1 Amdt.


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

RSNL1990 cL-19
as amended

        1. Section 5 of the Liquor Corporation Act is repealed and the following substituted:

Board

        5. (1) There shall be a board of directors of the corporation consisting of

             (a)  the president of the corporation, who shall be a non-voting member;

             (b)  the Deputy Minister of Finance or his or her designate, who shall be a non-voting member; and

             (c)  not less than 5 and not more than 9 members to be appointed by the Lieutenant-Governor in Council.

             (2)  The board shall exercise and discharge the powers and duties of

             (a)  the corporation;

             (b)  the board under the Liquor Control Act; and

             (c)  the board under the Cannabis Control Act.

             (3)  The Lieutenant-Governor in Council shall designate one member of the board to be the chairperson.

             (4)  The Lieutenant-Governor in Council shall designate one member of the board to be the vice-chairperson.

             (5)  A majority of the members of the board appointed under paragraph (1)(c) shall constitute a quorum.

             (6)  A member of the board appointed under paragraph (1)(c) holds office for a term of 3 years from the date of that member's appointment, and is eligible for reappointment.

             (7)  Notwithstanding subsection (6), where the term of office of a member of the board expires he or she continues to be a member of the board until reappointed or replaced.

             (8)  The board may make by-laws

             (a)  for the management of the property of the corporation;

             (b)  relating to the meetings of the board and procedures of those meetings;

             (c)  which govern the adjudication of matters under the Liquor Control Act or the Cannabis Control Act; and

             (d)  for the purpose of carrying out its duties or purposes under this Act, the Liquor Control Act, the Cannabis Control Act or a regulation made under those Acts.

        2. The Act is amended by adding immediately after section 5 the following:

President

      5.1 (1) The Lieutenant-Governor in Council shall appoint a person to be the president of the corporation.

             (2)  The president shall be the chief executive officer of the corporation and shall perform those duties and responsibilities assigned by the board.

             (3)  The president holds office during pleasure.

             (4)  The president is subject to the Public Service Pensions Act, 1991.

SNL2016 cI-2.1 Amdt.

        3. The Schedule to the Independent Appointments Commission Act is amended by deleting the statutory appointment reference "Liquor Corporation Act , subsections 5(1) and (2)" and substituting the statutory appointment reference "Liquor Corporation Act, paragraph 5(1)(c) and subsection 5.1(1)".