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Copyright 2000: Queens Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990




1. Short title

2. Definitions

3. Commission established

4. Commission members

5. Chairperson

6. Reporting procedure

7. Purpose of commission

8. Duties of the commission

9. Powers of commission

10. Members' salaries

11. Employees of the commission

12. Contractual employees

13. Public service employees

14. Advisory board

15. Appropriation

16. Budget

17. Audit

18. Annual report

19. By-laws

20. Regulations

Short title

1. This Act may be cited as the Economic Recovery Commission Act.

1989 c35 s1

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2. In this Act

(a) "chairperson" means the chairperson of the commission; and

(b) "commission" means the Economic Recovery Commission established under section 3.

1989 c35 s2

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Commission established

3. (1) There is established a corporation to be called the Economic Recovery Commission.

(2) The commission is an agent of the Crown in right of the province.

1989 c35 s3

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Commission members

4. (1) The commission shall comprise 5 members appointed by the Lieutenant-Governor in Council.

(2) The Lieutenant-Governor in Council may fill a vacancy in the membership of the commission.

(3) The members of the commission hold office at pleasure.

1989 c35 s4

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5. (1) The Lieutenant-Governor in Council shall appoint 1 of the members of the commission to be the chairperson.

(2) The chairperson is the chief executive officer of the commission and shall oversee the activities of the commission.

(3) The chairperson may designate another member of the commission to act as chairperson in the event that he or she is unable to act or is absent and if the chairperson is unable to act or is absent without having designated another member to act as chairperson, the other members of the commission shall designate 1 of their members to act as chairperson.

(4) Where a member of the commission is designated under subsection (3) to act as chairperson, that person has the powers of the chairperson.

1989 c35 s5

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Reporting procedure

6. (1) The commission shall report to the Premier.

(2) Notwithstanding subsection (1), in respect of its direction of the activities of Enterprise Newfoundland and Labrador Corporation it shall report to the Minister of Development.

1989 c35 s6; 1990 c60 s35

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Purpose of commission

7. The commission is established to

(a) identify and implement programs and other measures that will contribute to the continuing and stable reduction in the chronically high unemployment rate in the province; and

(b) identify, develop and promote employment opportunities for the people of the province by stimulating and fostering enterprise and economic development in all regions of the province.

1989 c35 s7

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Duties of the commission

8. The duties of the commission include

(a) promoting the values of an enterprise culture and self-reliance throughout the province;

(b) promoting, especially, small and medium-sized enterprises including private businesses, co-operative societies, credit unions and community development corporations;

(c) reviewing and, where appropriate, initiating the implementation of the recommendations of the Royal Commission on Employment and Unemployment;

(d) working with local development agencies to strengthen economic planning and in identifying employment and economic development opportunities;

(e) promoting and assisting in the integration of local economic development and the work of educational institutions;

(f) reviewing and making recommendations to the government respecting the activities of the government and agencies of the government that bear on economic development including education and training, resource management, income security, transportation, communications and labour relations;

(g) promoting a developmental and client-centred approach among the departments of the government and its agencies;

(h) fostering co-ordination and co-operation among community, provincial government and federal government economic development initiatives and programs throughout the province;

(i) preparing an inventory of all small and medium-sized commercial development opportunities in all regions of the province in the manufacturing, service, agricultural, forestry and fishing sectors of the province's economy;

(j) developing and implementing programs to provide parties in an area of the province having an interest in participating in the development of small and medium-sized enterprises with the means of assessing information as to the opportunities for that development together with information as to the advice and assistance, both financial and other, available to facilitate that development;

(k) making recommendations to the government as to the means of achieving decentralization of government services, activities, offices and agencies with a view to ensuring that the economic benefit derived from the operation of those government services, offices or agencies is, to the maximum extent reasonable, distributed in various regions of the province; and

(l) undertaking specific assignments relating to economic development or other economic matters that may be assigned to the commission by the Lieutenant-Governor in Council.

1989 c35 s8

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Powers of commission

9. The commission has power to

(a) enter into agreements with agencies of the Government of Canada, corporations and individuals to give effect to its purposes and duties;

(b) work with departments or agencies of the Government of Canada to carry out or implement on their behalf programs that are in keeping with the objectives of the commission, including power to enter into contracts with them for that purpose;

(c) direct the activities of Enterprise Newfoundland and Labrador Corporation to give effect to the purposes and objectives of the commission;

(d) obtain information in the possession of departments and agencies of the government of the province related to its purposes and duties;

(e) lend money, on security satisfactory to the commission, to a person carrying on or proposing to carry on a business or other undertaking that is in keeping with the objectives of the commission;

(f) grant money to a person carrying on or proposing to carry on a business or other undertaking that is in keeping with the objectives of the commission; and

(g) generally, develop and implement programs and projects to give effect to its purposes and duties.

1989 c35 s9; 1990 c60 s36(2)

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Members' salaries

10. The members of the commission shall be paid a salary to be fixed by the Lieutenant-Governor in Council out of money voted for that purpose by the Legislature.

1989 c35 s10

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Employees of the commission

11. (1) The commission may

(a) employ those officers and employees that are necessary for the proper conduct of the work of the commission; and

(b) prescribe the duties of those officers and employees and prescribe the conditions of their employment.

(2) The officers and employees of the commission employed under subsection (1) shall be paid a salary and expenses that are fixed by the commission.

(3) The salary and expenses paid under subsection (2) shall be consistent with the salary and expenses applicable to persons performing similar duties and having similar responsibilities in the public service of the province.

1989 c35 s11

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Contractual employees

12. (1) The commission 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 commission to advise and assist the commission in the performance of its duties under this Act.

(2) The commission may fix and pay the remuneration and expenses of persons engaged under subsection (1).

1989 c35 s12

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Public service employees

13. The commission may arrange for the temporary transfer of members of the public service to its staff.

1989 c35 s13

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Advisory board

14. (1) The Lieutenant-Governor in Council shall appoint an Economic Recovery Advisory Board comprising not more than 15 members, 1 of whom shall be appointed chairperson.

(2) The members appointed to the board shall provide geographic representation of the province and shall have direct involvement in the improvement of the economic and social life of the province.

(3) The members of the board shall be appointed for a 2 year term and may be reappointed.

(4) The members of the board shall serve without remuneration but shall be reimbursed by the commission for expenses incurred in relation to meetings and the work of the board in accordance with a scale for expenses of public servants.

(5) The board shall, on its own initiative or on request, provide advice to the government and to the commission on all matters relating to the economic and social development of the province.

1989 c35 s14

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15. The expenses of the commission shall be defrayed out of money appropriated for that purpose by the Legislature.

1989 c35 s15

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16. (1) The commission shall, each year, prepare, adopt and submit to the Minister of Development a budget for a grant of an amount of money to defray the expenses of the commission for the next financial year.

(2) The financial year of the commission begins on April 1 in one year and ends on March 31 in the next year.

1989 c35 s16

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17. (1) The accounts and financial transactions of the commission are subject to the Financial Administration Act.

(2) The auditor general shall audit the accounts of the commission and has authority to request and be supplied by the commission with all books and vouchers that he or she considers necessary for the audit.

(3) The auditor general shall submit a report of the audit to the chairperson.

1989 c35 s17

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Annual report

18. (1) The chairperson shall, within 3 months after the end of each fiscal year, submit to the Premier a report on the activities of the commission for that fiscal year including the financial statements of the commission and the auditor general's report on them.

(2) The Premier shall present the report and statements submitted under subsection (1) to the House of Assembly within 30 days after receiving them or if the House of Assembly is not then sitting, not later than 30 days after the House of Assembly next sits.

1989 c35 s18

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19. The commission 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.

1989 c35 s19

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20. The Lieutenant-Governor in Council may make regulations to give effect to the provisions of this Act including regulations for the general administration of this Act.

1989 c35 s20

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