This is an official version.
Copyright © 2000: Queens Printer,
Revised Statutes of Newfoundland 1990
AN ACT RESPECTING AN ECONOMIC COUNCIL FOR THE PROVINCE
1. This Act may be cited as the Economic Council Act.
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2. In this Act
(a) "chairperson" means chairperson of the council;
(b) "council" means the Economic Council of Newfoundland and Labrador continued by section 4; and
(c) "minister" means the Minister of Development.
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3. The council is established
(a) to provide the Lieutenant-Governor in Council, through the minister, with an independent and responsible view of the major economic and social issues which confront the province;
(b) to advise the Lieutenant-Governor in Council, through the minister, of the policies and strategies which may be used to meet those economic and social issues; and
(c) to encourage informed public appreciation and debate of those economic and social issues.
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4. The Economic Council of Newfoundland and Labrador is continued as a corporation, consisting of a chairperson and not more than 14 other members to be appointed by the Lieutenant-Governor in Council.
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Qualification of members
5. The members appointed under section 4 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 carrying out of the purpose of this Act; and
(c) who are representative of the population of the province.
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6. The chairperson shall be appointed by the Lieutenant-Governor in Council to hold office for a term not exceeding 5 years.
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Term of office
7. Each of the members of the council, other than the chairperson, shall hold office for a term not to exceed 3 years.
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8. (1) A member is eligible for reappointment.
(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.
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9. (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.
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10. Members of the council shall serve without reimbursement 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.
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11. (1) In fulfilling the purpose of this Act the council shall
(a) report to, advise and make recommendations to the Lieutenant-Governor in Council, through the minister, as the circumstances may require; and
(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.
(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 those matters coming within section 3 or with respect to a matter or thing relating to the carrying out of its duties under this Act.
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12. In addition to its other duties under this Act, the council may
(a) communicate frequently with the minister in order to identify the important matters of current interest;
(b) consult with individuals and organizations in all sectors of the province;
(c) discuss and plan its own functions and activities and set its goals and objectives and discuss how best to achieve them;
(d) gather and analyze information;
(e) report through the minister on its findings and recommendations; and
(f) publish studies and reports that are prepared by or for it and engage in other activities to enforce and encourage further debate and response.
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13. The expenses of the council shall be defrayed out of money appropriated for that purpose by the Legislature.
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14. (1) The council shall, upon a request from the minister and not later than December 31 in each year, prepare, adopt and submit to the minister 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 detailed revenue and expenditure in the detail and form that the minister 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.
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Economic Council Fund
15. The council may establish a fund to be called the Economic Council Fund, to which shall be credited sums of money paid to the council for that purpose under section 17.
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16. (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 Economic Council Fund in investments which are authorized investments for a trustee under the Trustee Act or in investments which are specifically approved by the Lieutenant-Governor in Council and may hold, manage and dispose of these investments.
(2) The proceeds of a sale or other disposition of an investment made out of the Economic Council Fund shall be credited to that fund.
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17. (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 Economic Council Fund, subject to the terms upon which that 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 Economic Council Fund.
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18. (1) The chairperson of the council 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 purpose 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.
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19. (1) The accounts and financial transactions of the council are subject to the Financial Administration Act.
(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.
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20. The council may meet where and when it considers necessary.
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21. (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 an advisory committee of the council may provide for the membership of persons other than members of the council, in addition to members of the council.
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22. (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 in the public service of the province.
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23. 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.
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24. (1) The chairperson shall, within 3 months after the end of each fiscal year, submit to the minister 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 the council.
(2) The minister shall lay the annual report and statements submitted under this section before the House of Assembly within 30 days after its receipt or, where the House of Assembly is not then sitting, within the 1st 30 days of the next sitting of the House of Assembly.
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25. (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 minister.
(3) After the minister 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.
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Meeting with Cabinet
26. 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.
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27. 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.
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