Second

Session, 48th General Assembly

Elizabeth II, 2017

BILL 19

AN ACT TO AMEND THE HOUSE

OF ASSEMBLY ACCOUNTABILITY, INTEGRITY AND ADMINISTRATION ACT NO. 3

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

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

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

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

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

HONOURABLE

ANDREW PARSONS ,

Government

House Leader

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the House of Assembly Accountability, Integrity

and Administration Act to

impose a duty on the

commission, officers and staff of the House of Assembly service to document

advice, deliberations, decisions and recommendations of the commission;

establish a penalty for failure

to document advice, deliberations, decisions and recommendations of the commission;

require the audit committee to

review and report on whether the speaker and the commission have complied with

the Act in relation to consideration of recommendations of the members

compensation review committee;

change the quorum of the commission

to a majority of its members, one of whom shall be the speaker or deputy

speaker; and

correct inconsistencies in

references to severance, pensions and allowances in the Act.

A BILL

AN ACT TO AMEND THE HOUSE OF ASSEMBLY

ACCOUNTABILITY, INTEGRITY AND ADMINISTRATION ACT NO. 3

Analysis

S.11 Amdt.

Salaries, expenses, severance and pension

S.16 Amdt.

Inquiry re: members compensation

S.17 R&S

Payment

from CRF

S.18 Amdt.

House of Assembly Management Commission

S.21.1 Added

Duty

to document

S.23 Amdt.

Audit committee

S.66 R&S

Offence

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2007 cH-10.01

as amended

1. Paragraph 11(3)(

a) of the House of Assembly Accountability, Integrity and Administration Act

is repealed and the following substituted:

(

a) severance,

upon the conditions, in amounts and in accordance with the formula that may be

determined by a directive of the commission; and

2. (1) Subsection 16(1) of the Act is repealed and

the following substituted:

Inquiry re: members

compensation

(1) A t least once during each General Assembly, the

that are set out in the resolution, an independent committee, to be called a

members' compensation review committee, of not more than 3 persons, none of

whom shall be a member, to conduct an inquiry and prepare a report respecting

the salaries, allowances, severance and pensions to be paid to members.

(2) Paragraph

16(5)(

a) of the Act is repealed and the following substituted:

(

a) submit the recommendations, as accepted or

modified, relating to salaries, allowances, severance, pensions and other

matters that may be necessary to be implemented by legislation, to the Minister

of Finance or Justice and Public Safety, or other appropriate minister, for the

preparation of a Bill to amend this Act or another Act accordingly; and

(3) Subsection 16(6) of the Act is repealed and

the following substituted:

(6) A

modification of the recommendations of a members' compensation review committee

which may be made by the commission with respect to salaries, allowances,

severance, pensions or other amounts for which a member may be entitled to claim

reimbursement or payment on his or her behalf for reasonable and legitimate

expenses, shall not exceed the maximums recommended by the committee in that

regard.

Section 17 of the Act is repealed and the

following substituted:

Payment from CRF

17. All salaries, allowances, severance and

expenses payable under this Act shall be paid out of the Consolidated Revenue

Fund.

4. Subsection 18(8) of the Act is repealed and the

following substituted:

(8) A quorum of the commission is a majority of

its members, one of whom shall be the speaker or the deputy speaker.

5. The Act is amended by adding immediately after

section 21 the following:

Duty to document

21.1 The

commission, officers and staff of the House of Assembly service shall be

responsible and accountable for ensuring that all advice, deliberations,

decisions and recommendations of the commission that result from formal or

informal meetings of the members of the commission are properly documented in

accordance with the Records Management Policy of the House of Assembly.

6. Subsection 23(7) of the Act is amended by

adding immediately after paragraph (

a) the following:

(a.1) review and report on whether the speaker and

the commission have complied with subsections 16(5) and (6);

Section 66 of the Act is repealed and the

following substituted:

Offence

(1) A

person who fails to comply with

section 21.1 is guilty of an offence.

(2) A

person having a duty to document decisions and maintain records of the

commission, the speaker, the clerk or staff member of the House of Assembly

service and a person who without lawful authority destroys documentation

recording decisions of the commission, the speaker or the clerk, or the advice

and deliberations leading up to those decisions, is guilty of an offence.

(3) A person who is guilty of an offence under

subsection (1) or (2) is liable on

summary conviction to a fine of not more than $10,000 or to imprisonment up to

6 months.

Queen's Printer