This is an official version.
Copyright © 2000: Queens Printer,
Statutes of Newfoundland 1994
AN ACT TO INCORPORATE THE GRAND
(Assented to June 9, 1994)
1. Short title
2. Corporation established
3. Purpose of authority
4. Membership in authority
5. Powers of authority
6. Board of directors
7. Offices to be elected
8. Exercise of powers
9. Budget and expenses
10. Power to borrow
12. Annual report
13. Title to land unaffected
14. User liability
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 Grand Concourse Authority Act.
2. There is established as a corporation the Grand Concourse Authority, in this Act referred to as the authority.
Purpose of authority
3. The purpose of the authority is to foster, promote and enable the design, development and operation, by or for the members, of an integrated network of walkways and amenities on land owned or occupied by the members, to be known as the Grand Concourse.
Membership in authority
4. (1) The members of the authority may include those departments and agencies of the governments of the province and of Canada, municipalities, corporations, groups and organizations who support the concept of the Grand Concourse and wish to participate in its establishment and maintenance.
(2) Notwithstanding subsection (1), on the coming into force of this Act, the province, represented by the Department of Tourism and Culture and the Department of Works, Services and Transportation, the City of St. John's, the municipality of Paradise, the Memorial University of Newfoundland, the C.A. Pippy Park Commission and the Newfoundland and Labrador Housing Corporation shall be members of the authority.
(3) The members referred to in subsection (2) may propose for membership those other departments and agencies of the governments of the province and of Canada, municipalities, corporations, groups and organizations who support the concept of the Grand Concourse and wish to participate in the establishment and maintenance of the Grand Concourse as members of the authority.
(4) A body that is proposed for membership under subsection (3) shall become a member of the authority where it is voted to become a member by not less than a majority of the existing members present at a general meeting of the authority.
(5) A member whether it is made a member by subsection (1) or becomes a member under subsection (4) may withdraw from the authority by delivering to the board of directors a notice of the member's intention to withdraw 90 days before the withdrawal becomes effective.
(6) A member whether it is made a member by subsection (1) or becomes a member under subsection (4) is considered to have withdrawn from the authority where it does not participate in the business of the authority for a period of 12 consecutive months.
Powers of authority
5. The authority shall have power
(a) to prepare a master plan of the concourse;
(b) to establish priorities, commitments and schedules for the development of the concourse;
(c) to encourage and assist in the preparation of agreements between members of the authority respecting the development and maintenance of the concourse;
(d) to develop criteria for the conservation and enhancement of scenic, historic, natural, recreational and environmental aspects of the concourse and of lands and waterways in the immediate vicinity of the concourse;
(e) to develop a storage and retrieval system for information relative to the concourse including information respecting the ownership of land, biophysical data and municipal information;
(f) to conduct scientific, environmental, economic, tourism and cultural studies that are relevant to the development of the concourse;
(g) to appoint an executive officer and other employees and to prescribe their duties and qualifications and fix their compensation;
(h) to utilize, to the extent feasible, the staff and facilities of members of the authority, to the extent they are made available to the authority;
(i) to contract for professional and technical assistance and advice;
(j) to acquire property by gift, purchase or other means;
(k) to hold and administer property or acquire by lease, licence or otherwise the right to occupy and use property;
(l) to sell, grant, convey, lease or otherwise dispose of property;
(m) to make by-laws for the management and regulation of its affairs; and
(n) generally, to do those other things that are necessary or conducive to the development of the concourse and the operation of the authority.
Board of directors
6. (1) The powers of the authority shall be given effect to by a board of directors appointed by the members.
(2) Each member of the authority shall appoint 1 person to represent it on the board of directors.
(3) A person appointed to the board of directors may serve for a period of 2 years and is eligible for re-appointment.
(4) Where a vacancy occurs on the board of directors, the member who had been represented by that director shall appoint a person as a replacement.
(5) A vacancy on the board of directors does not impair the authority of the other directors to conduct the affairs of the authority.
(6) A director is not entitled to remuneration for his or her services but may be reimbursed for reasonable expenses incurred in the performance of his or her duties.
Offices to be elected
7. (1) The board of directors, at a meeting held in each year, shall elect from among themselves the officers of the authority, consisting of a chairperson, a vice-chairperson, a secretary and a treasurer.
(2) The officers of the authority elected under subsection (1) shall serve for 1 year or until their successors are elected, and are eligible for re-election.
(3) The chairperson shall have the general oversight and direction of the affairs of the authority and shall preside at all meetings of the board of directors.
(4) In the absence of the chairperson the powers and duties of the chairperson shall be carried out and performed by the vice-chairperson.
Exercise of powers
8. (1) The board of directors shall exercise the powers of the authority by resolution and by-law.
(2) A resolution of the board of directors may be passed at a meeting of the directors or in another manner prescribed by the by-laws.
(3) A resolution shall require the approval of a majority of the directors present at a meeting.
Budget and expenses
9. (1) The board of directors shall annually prepare and adopt a budget containing estimates of sums required during the next financial year of the authority for the purpose of exercising the powers of the authority.
(2) The expenses of the authority incurred in carrying on its work shall be defrayed by
(a) amounts which the members of the authority may agree to contribute;
(b) fund-raising carried on behalf of the authority;
(c) amounts received by the authority by way of gifts, bequests and other means; and
(d) amounts raised or borrowed for the purpose of the authority.
Power to borrow
10. (1) The board of directors may, on behalf of the authority
(a) raise or borrow money for the purpose of the authority; and
(b) secure the repayment of money raised or borrowed in the manner and on the terms and conditions that the board considers appropriate and in particular by the execution and delivery of mortgages of the authority's real and personal property or by the issue of bonds or debentures secured by mortgage or otherwise or charged upon the property of the authority.
(2) The amount that the authority may borrow in a year shall not exceed the total amount contained in the budget adopted by the authority for that year.
11. (1) The accounts of the authority shall be audited annually by an auditor appointed for the purpose by the board of directors and the auditor has authority to call for and shall be supplied with books of account and other materials necessary to carry out the audit.
(2) The report of the auditor shall be submitted to the board of directors and to each member of the authority.
12. The board of directors shall annually prepare a report summarizing the work of the authority in the previous year and submit it to each of the members.
Title to land unaffected
13. (1) An area of land shall not be included in the Grand Concourse without the consent of the owner or occupier.
(2) A person's right to sell or otherwise dispose of land included in the Grand Concourse is not affected by its inclusion in the Grand Concourse.
(3) The authority does not acquire title or other right to land included in the Grand Concourse by reason only of that inclusion.
(4) The owner or occupier of land included in the Grand Concourse may at any time withdraw the land from the Grand Concourse.
(5) The authority shall not engage in the development, alteration of, or otherwise affect, land included in the Grand Concourse without first obtaining the consent of the owner or occupier.
14. (1) A user of the Grand Concourse voluntarily assumes all risks that may be encountered on the land included in the Grand Concourse when using the Grand Concourse, whether the person is on the Grand Concourse or not.
(2) An owner or occupier of land included in the Grand Concourse, including the Crown, together with his or her agents and employees, does not owe a duty of care towards a person who is using the Grand Concourse, or that person's property, whether the person is on the Grand Concourse or not, other than the duty of care ordinarily expected to be exercised by the owner or occupier, or his or her agents and employees, considering the use to which the land might reasonably be expected to be put as part of the Grand Concourse.
(3) Notwithstanding subsection (2), the owner or occupier of land included in the Grand Concourse owes a duty of care to users of it not to create a danger with deliberate intent of doing harm or damage to the person or the person's property.
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