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Copyright © 2000: Queens Printer,
Statutes of Newfoundland 1991
AN ACT TO ESTABLISH AN ADVISORY COUNCIL ON THE ECONOMY
(Assented to December 11, 1991)
1. Short title
3. Council established
4. Qualification of members
6. Term of office
10. Powers, duties and functions
13. Advisory Council Fund
16. Registered charity
21. Contractual employees
22. Annual report
23. Other reports
24. Meeting with Cabinet
27. 1989 c.35 Amdt.
28. 1983 c.7 Rep.
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
1. This Act may be cited as the Economic Advisory Council Act.
2. In this Act
(a) "chairperson" means chairperson of the council; and
(b) "council" means the Advisory Council on the Economy established by section 3.
3. There is established a corporation to be called the Advisory Council on the Economy, consisting of a chairperson and not more than 14 other members to be appointed by the Lieutenant-Governor in Council.
Qualification of members
4. The members appointed under section 3 shall be persons
(a) whose knowledge in a particular field of endeavour would be of benefit to the council;
(b) whose qualifications would facilitate the council in carrying out its powers, duties and functions under this Act; and
(c) who are representative of the population of the province.
5. The chairperson shall be appointed by the Lieutenant-Governor in Council to hold office for a term not exceeding 5 years.
Term of office
6. Each of the members of the council, other than the chairperson, shall be appointed under section 3 to hold office for a term not to exceed 3 years, except the 1st members, who shall retire in rotation and at the times that the Lieutenant-Governor in Council may designate.
7. (1) A member is eligible for re-appointment.
(2) Where a member of the council is unable to perform the duties of office, the Lieutenant-Governor in Council may appoint a substitute member for the balance of the term of the member replaced.
8. (1) The council shall, with the approval of the Lieutenant-Governor in Council, designate 1 of the members to be vice-chairperson of the council.
(2) In the event of the absence or incapacity of the chairperson or where the office of chairperson is vacant, the vice-chairperson has and may exercise and perform the duties and functions of the chairperson.
9. Members of the council shall serve without remuneration other than
(a) disbursements for expenses necessarily incurred by a member in connection with the work of the council, that may be prescribed by the Lieutenant-Governor in Council; and
(b) honoraria that may be prescribed by the Lieutenant-Governor in Council.
Powers, duties and functions
10. (1) The powers, duties and functions of the council shall be to
(a) report, advise and make recommendations to the Lieutenant-Governor in Council, through the Premier, as the circumstances may require;
(b) respond to requests from the Lieutenant-Governor in Council for commentary, evaluation and advice on subjects that may be chosen by the Lieutenant-Governor in Council;
(c) identify major economic issues which the province must address;
(d) undertake appropriate research and analysis in order to provide independent and responsible advice and recommendations on government policies and actions to address these issues;
(e) monitor government economic policies and initiatives and evaluate their effectiveness and potential;
(f) advise on the manner in which economic and social policies interact and the manner in which economic and social policies may best be co-ordinated;
(g) contribute to public awareness and informed discussion with respect to economic issues and prospects;
(h) serve as an advisory board to the Lieutenant-Governor in Council with respect to the Economic Recovery Commission, providing advice on its own initiative or on request pertaining to the structure, function and performance of the Economic Recovery Commission;
(i) communicate frequently with the Premier in order to identify important matters of current interest;
(j) consult with individuals and organizations in all sectors of the province;
(k) discuss and plan its own functions and activities and set its goals and objectives and discuss how best to achieve them;
(l) gather and analyze information;
(m) report through the Premier on its findings and recommendations; and
(n) publish studies and reports that are prepared by or for the council and engage in other activities to enforce and encourage further debate and response.
(2) The council on its own initiative, or where directed to do so by the Lieutenant-Governor in Council, shall conduct studies, inquiries and other undertakings that may be necessary with respect to a matter or thing relating to the carrying out of its powers, duties and functions under this Act.
(3) The council on a request from the Economic Recovery Commission shall provide advice respecting the organization, policies and assessment of the activities and performance of the commission.
11. The expenses of the council shall be defrayed out of money appropriated for that purpose by the Legislature.
12. (1) The council shall, not later than December 31 in each year, prepare and submit for consideration to the President of the Executive Council a budget containing estimates of all sums required during the next financial year for the purposes of the council, and in each budget there shall be set out the revenue and expenditure in the detail and form that the President of the Executive Council may prescribe.
(2) The financial year of the council begins on April 1 in one year and ends on March 31 in the next year.
Advisory Council Fund
13. The council may establish a fund to be called the Advisory Council on the Economy Fund, to which shall be credited sums of money paid to the council for that purpose under section 15.
14. (1) The 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 on the Economy Fund in investments which 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.
(2) The proceeds of a sale or other disposition of an investment made out of the Advisory Council on the Economy Fund shall be credited to that fund.
15. (1) The council may acquire money, securities and other property by gift, bequest or otherwise and may expend, administer or dispose of money, securities or other property not forming part of the Advisory Council on the Economy Fund, subject to the terms upon which the money, securities or other property was given, bequeathed or made available to the council.
(2) Where money is received by the council under this section and there are no terms upon which the money was given, the money shall be credited to the Advisory Council on the Economy Fund.
16. (1) The chairperson shall apply on behalf of the council to be a registered charity for the purposes of the Income Tax Act (Canada).
(2) The council shall be carried on without purpose of financial gain for its members and profits or other accretions to the council shall be used in promoting the purposes of this Act.
(3) No right, privilege, benefit or advantage accrues to a member of the council by reason only of that membership.
(4) On a winding-up of the council the assets of the council shall be disposed of as the Lieutenant-Governor in Council directs.
17. (1) The accounts and financial transactions of the council are subject to The Financial Administration Act, 1973.
(2) The auditor general shall audit the accounts of the council and has authority to call for and shall be supplied by the council with all books and vouchers that he or she considers necessary for the audit.
(3) The auditor general shall submit a report of the examination to the chairperson.
18. The council may meet where and when it considers necessary.
19. (1) The 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 council.
(2) A by-law made under subsection (1) establishing a committee of the council may provide for the membership of persons other than members of the council, in addition to members of the council.
20. (1) The council may
(a) employ those officers and employees that are necessary for the proper conduct of the work of the council; and
(b) prescribe the duties of those officers and employees and prescribe the conditions of their employment.
(2) The officers and employees of the council employed under subsection (1) shall be paid a salary and expenses fixed by the council, which shall be consistent with the salary and expenses applicable to comparable positions in the public service of the province.
21. The council may engage on a contractual or temporary basis the services of persons having technical or specialized knowledge of a matter relating to the work of the council to advise and assist the council in the performance of its duties under this Act and may fix and pay the remuneration of those persons.
22. (1) The chairperson shall, within 3 months after the end of each fiscal year, submit to the Premier an annual report of all proceedings under this Act for that fiscal year, including the financial statements of the council and the auditor general's report on those financial statements.
(2) The Premier shall lay the annual report and statements submitted under this section before the House of Assembly within 30 days after its receipt or, if the House of Assembly is not then sitting, within the 1st 30 days of the next sitting of the House of Assembly.
23. (1) The council may publish studies and reports prepared for the use of the council as it sees fit.
(2) All reports and studies prepared by the council under this Act shall be presented to the Premier.
(3) After the Premier has considered the studies and reports presented to him or her for a reasonable period of time, those studies and reports may be made public.
Meeting with Cabinet
24. The council shall meet once a year with the Executive Council of the province and may meet with the Executive Council at other times as the circumstances require to convey information and to discuss plans for the council's activities.
25. The Lieutenant-Governor in Council may make regulations to give effect to the purpose and provisions of this Act, and may make regulations for the general administration of this Act.
26. (1) Title to all of the property and assets of the Economic Council of Newfoundland and Labrador and all other rights of that corporation are vested in the council.
(2) The council is charged with and assumes all of the obligations and liabilities of the Economic Council of Newfoundland and Labrador.
(3) Until it is otherwise determined by the council, persons holding positions with the Economic Council of Newfoundland and Labrador immediately before the commencement of this Act shall continue to hold those positions or their equivalent positions with the council.
1989 c.35 Amdt.
27. Section 14 of The Economic Recovery Commission Act is repealed.
1983 c.7 Rep.
28. The Economic Council Act is repealed.
29. This Act is considered to have come into force on May 10, 1991.
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