28

 

 

First Session, 51st General Assembly

5 Charles III, 2026

BILL 28

AN ACT RESPECTING THE STATUS OF WOMEN AND GENDER EQUALITY ADVISORY COUNCIL

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

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

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

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

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

HONOURABLE LELA EVANS
Minister Responsible for Women and Gender Equality

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would enact the Status of Women and Gender Equality Advisory Council Act and repeal the Status of Women Advisory Council Act. This Bill would

·         continue the Provincial Advisory Council on the Status of Women - Newfoundland and Labrador under the name the Provincial Advisory Council on the Status of Women and Gender Equality - Newfoundland and Labrador;

·         expand the mandate of the advisory council to include matters relating to equality for persons of all genders and sexual orientations;

·         prescribe the qualifications required to be a member of the advisory council;

·         require the Lieutenant-Governor in Council to appoint a chief executive officer of the advisory council; and

·         require the advisory council to report annually to the minister on its activities and the performance of the advisory council's powers and duties.

A BILL

AN ACT RESPECTING THE STATUS OF

WOMEN AND GENDER EQUALITY

ADVISORY COUNCIL

Analysis

        1.   Short title

        2.   Interpretation

        3.   Advisory council

        4.   Duties

        5.   Members

        6.   Chairperson and vice-chairperson

        7.   Chief executive officer

        8.   Public service

        9.   Meetings

      10.   General powers

      11.   By-laws

      12.   Fiscal year

      13.   Annual report

      14.   General funds

      15.   Expenditure

      16.   Fund continued

      17.   Confidentiality of information

      18.   Regulations

      19.   Transitional

      20.   SNL2016 cI-2.1 Amdt.

      21.   Repeal

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

Short title

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

Interpretation

        2. (1) In this Act

             (a)  "advisory council" means the Provincial Advisory Council on the Status of Women and Gender Equality continued under section 3;

             (b)  "advisory council fund" means the advisory council fund continued under subsection 16(1);

             (c)  "chairperson" means the person appointed under subsection 6(1);

             (d)  "chief executive officer" means the person appointed under subsection 7(1);

             (e)  "former Act" means the Status of Women Advisory Council Act;

             (f)  "member" means a person appointed under subsection 5(1);

             (g)  "minister" means the minister designated by order of the Lieutenant-Governor in Council to be the minister of women and gender equality;

             (h)  "north-east Avalon" means the towns of Bauline, Conception Bay South, Flatrock, Logy Bay-Middle Cove-Outer Cove, Paradise, Petty Harbour-Maddox Cove, Portugal Cove-St. Philip's, Pouch Cove and Torbay incorporated or continued under the Towns and Local Service Districts Act, the City of Mount Pearl continued under the City of Mount Pearl Act, and the City of St. John's incorporated under the City of St. John's Act; and

              (i)  "vice-chairperson" means the person appointed under subsection 6(3).

             (2)  In this Act, a reference to "gender equality" refers to persons of all genders, including transgender and cisgender women, transgender men, and two-spirit, non-binary and other gender-diverse persons.

Advisory council

        3. The Provincial Advisory Council on the Status of Women - Newfoundland and Labrador is continued under the name the Provincial Advisory Council on the Status of Women and Gender Equality - Newfoundland and Labrador as a corporation.

Duties

        4. The advisory council shall

             (a)  advise the minister on those matters relating to equality for persons of all genders and sexual orientations that the minister refers to the advisory council for consideration;

             (b)  advise the minister on those matters relating to equality for persons of all genders and sexual orientations that the advisory council considers appropriate;

             (c)  inform the government and the public of matters of interest and concern to women and persons that may face discrimination because of their gender identity or sexual orientation; and

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

Members

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

             (2)  The advisory council shall be composed of persons

             (a)  who have experience

                      (i)  working or volunteering to advance gender equality for persons of all genders and sexual orientations,

                     (ii)  working or volunteering with persons with diverse identities,

                    (iii)  serving as directors or officers of a society or other not-for-profit organization, or

                    (iv)  providing advice to government;

             (b)  who are representative of diverse identity factors, including gender identity, sexual orientation, Indigeneity, race, national and ethnic origin, age, place of residence and disability; and

             (c)  who are resident in the province.

             (3)  A member shall

             (a)  be appointed for a term of 3 years;

             (b)  hold office during pleasure only; and

             (c)  be eligible for reappointment.

             (4)  A member shall not serve as a member for a continuous period longer than 9 years.

             (5)  Where the term of a member expires, the member continues to be a member until reappointed or replaced.

             (6)  Where a vacancy occurs on the advisory council because of the death, illness, resignation, removal of a member, or for another reason, the Lieutenant-Governor in Council may appoint a person to fill the vacancy.

             (7)  The members shall not be paid a salary but may be paid, in accordance with the guidelines established by the Lieutenant-Governor in Council,

             (a)  amounts for travel and other expenses incurred by a member in connection with the work of the advisory council; and

             (b)  other remuneration.

Chairperson and vice-chairperson

        6. (1) The Lieutenant-Governor in Council shall appoint a chairperson from among the persons appointed under subsection 5(1).

             (2)  The chairperson shall

             (a)  direct the work and activities of the advisory council; and

             (b)  ensure that regular minutes are kept of the meetings of the advisory council.

             (3)  The Lieutenant-Governor in Council shall appoint a vice-chairperson from the persons appointed under subsection 5(1).

             (4)  The vice-chairperson shall act as chairperson where the chairperson is absent or unable to act.

Chief executive officer

        7. (1) The Lieutenant-Governor in Council shall appoint a chief executive officer of the advisory council who shall hold office on the terms and conditions established by the Lieutenant-Governor in Council.

             (2)  The chief executive officer shall

             (a)  be responsible to the advisory council;

             (b)  be responsible for the human resources, general direction, supervision and control of the finances and other business of the advisory council;

             (c)  consult with the public with respect to the activities and operations of the advisory council;

             (d)  attend meetings of the advisory council; and

             (e)  comply with the direction of the advisory council.

Public service

        8. (1) The advisory council may employ directors, managers, staff and employees as is considered necessary to carry out the powers and duties of the advisory council.

             (2)  The chief executive officer and persons employed by the advisory council shall be considered to be employed in the public service for the purposes of the Public Service Pensions Act, 2019 and the Public Service Collective Bargaining Act shall apply to employees of the corporation.

             (3)  The Public Service Pensions Act, 2019 shall apply to all full-time permanent employees of the advisory council.

Meetings

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

             (2)  The advisory council may conduct its meetings in person, by video conference, by teleconference or by other telecommunication device so long as, at a meeting, all participants may communicate simultaneously and instantaneously.

             (3)  Notwithstanding subsection (2), the advisory council shall conduct at least half of its meetings in person.

             (4)  At least half of the in-person meetings required under subsection (3) shall be conducted at locations outside the north-east Avalon.

General powers

      10. The advisory council may

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

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

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

             (d)  recommend legislation, policies and practices to promote equality of opportunity for women and persons who may face gender-based discrimination and to improve the status of women and gender equality;

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

             (f)  prepare and present reports to the minister;

             (g)  hire, appoint, promote or remove employees other than the chief executive officer;

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

              (i)  appoint, in accordance with the by-laws, advisory committees and pay the reasonable expenses incurred in connection with the work of an advisory committee that the advisory council may approve;

              (j)  delegate to an advisory committee, appointed under paragraph (i), those powers and duties of the advisory council that it considers appropriate;

             (k)  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;

              (l)  acquire, hold, manage and dispose of real and personal property, for the purpose of this Act;

           (m)  invest money standing to the credit of the advisory council in those investments that are authorized investments for a trustee under the Trustee Act and may hold, manage and dispose of those investments;

             (n)  acquire money, securities and other property by gift, bequest or otherwise and may expend, administer or dispose of the money, securities or other property, subject to the terms upon which the money, securities or other property was given, bequeathed or otherwise made available to the advisory council;

             (o)  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; and

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

By-laws

      11. (1) The advisory council shall, 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 shall provide for the appointment of persons other than members of the advisory council, in addition to members of the advisory council.

Fiscal year

      12. The fiscal year of the advisory council is from April 1 to the following March 31.

Annual report

      13. (1) The advisory council shall report annually to the minister on

             (a)  the activities of the advisory council; and

             (b)  the exercise and performance of the advisory council's powers and duties under this Act.

             (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 one month after the beginning of the next session.

General funds

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

             (a)  money appropriated by the Legislature for the advisory council;

             (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 collected 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 general funds of the advisory council shall be made by cheque or money order signed by either the chief executive officer or the chairperson and another person that the advisory council may designate.

Expenditure

      15. (1) The advisory council may pay all necessary expenses of its operations out of the advisory council's 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.

Fund continued

      16. (1) The advisory council fund established under section 10.3 of the former Act is continued.

             (2)  The advisory council fund shall be credited with

             (a)  money received by the advisory council by gift, bequest or otherwise that is subject to terms or conditions; and

             (b)  those sums of money as may be prescribed in the regulations.

Confidentiality of information

      17. (1) The advisory council and every person employed by the advisory council shall keep confidential all matters that come to their knowledge in the exercise or performance of their powers or duties under this Act.

             (2)  Notwithstanding subsection (1), the advisory council may disclose those matters the advisory council considers necessary in relation to the exercise or performance of the advisory council's powers or duties under this Act.

             (3)  The advisory council shall not disclose the name or other identifying information about a person in the exercise or performance of the advisory council’s powers or duties under this Act unless the advisory council has first obtained the consent of the person.

Regulations

      18. The Lieutenant-Governor in Council may make regulations

             (a)  respecting the sums of money to be credited to the advisory council fund;

             (b)  defining a word or phrase used but not defined in this Act; and

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

Transitional

      19. (1) A person who is a member of the Provincial Advisory Council on the Status of Women - Newfoundland and Labrador immediately before the coming into force of this Act shall continue to be a member of the advisory council until reappointed or replaced.

             (2)  A person who is the president and chief executive officer of the Provincial Advisory Council on the Status of Women - Newfoundland and Labrador immediately before the coming into force of this Act shall be the chief executive officer of the advisory council until reappointed or replaced.

SNL2016 cI-2.1 Amdt.

      20. The Schedule to the Independent Appointments Commission Act is amended by deleting the statutory appointment reference "Status of Women Advisory Council Act, subsections 4(1) and 8(1)" and substituting the statutory appointment reference "Status of Women and Gender Equality Advisory Council Act, subsections 5(1), 6(1), 6(3) and 7(1)".

Repeal

      21. The Status of Women Advisory Council Act is repealed.

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