First

Session, 49th General Assembly

Elizabeth II, 2020

BILL 24

AN ACT TO AMEND THE HOUSE OF ASSEMBLY ACCOUNTABILITY, INTEGRITY AND

ADMINISTRATION ACT

Received

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

Second

Reading ............................................................................................

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

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE SIOBHAN

COADY

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 give legal effect to the Harassment-free Workplace Policy Applicable to Complaints Against

Members of the House of Assembly as approved by the House of Assembly.

A BILL

AN ACT TO AMEND THE HOUSE OF ASSEMBLY

ACCOUNTABILITY, INTEGRITY AND ADMINISTRATION ACT

Analysis

S.2 Amdt.

Definitions

S.35 Amdt.

Codes of conduct

S.36 Amdt.

Request for opinion

S.38 Amdt.

Report

S.40.1 Added

Confidentiality

of identity

Ss.42.1 to 42.11 Added

42.1

Definitions

42.2

Harassment

42.3 Authority

42.4

Report

42.5 Roles of Privileges and Elections Committee

42.6

Penalties

42.7 Concurrence of House of Assembly

42.8 Confidentiality of identity

42.9 Where complainant is citizens' representative

42.10 Protection

from liability

42.11

Declaration

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2007 cH-10.1

as amended

Section 2 of the House of Assembly Accountability, Integrity and Administration Act

is amended by adding immediately after paragraph (

d) the following:

(d.1) "citizens' representative" means the

Citizens' Representative appointed under the Citizens' Representative Act ;

Section 35 of the Act is amended by adding

immediately after subsection (3) the following:

(4) Before February 1 in a year, a member shall

file with the clerk a declaration reaffirming the member's commitment to follow

the code of conduct for members.

3. Subsection 36(4) of the Act is repealed.

4. Subsection 38(2) of the Act is repealed.

5. The Act is amended by adding immediately after

section 40 the following:

Confidentiality

of identity

40.1 The

identity of a person requesting an opinion under

section 36 shall be kept

confidential to the extent permitted by law and consistent with the need to

conduct a proper investigation and the requirements of procedural fairness.

6. The Act is amended by adding immediately after

section 42 the following:

Definitions

42.1 In

sections 42.2 to 42.11,

(a) "harassment" means harassment as

defined in the policy; and

(b) "policy" means the Harassment-free Workplace Policy Applicable

to Complaints Against Members of the House of Assembly recommended

by the Privileges and Elections Committee and concurred in by the House of

Assembly, and includes any amendments to it.

Harassment

42.2

(1) Notwithstanding

sections 36 to 42, where a matter relates to a complaint of harassment against

a member, that matter shall not be dealt with under sections 36 to 42, but

shall be investigated and reported upon by the citizens' representative in

accordance with the policy.

(2) Notwithstanding subsection (1), where a

complaint has been made to the citizens' representative under the policy but

the citizens' representative is of the opinion that the matter does not fall

within his or her jurisdiction, a complainant who is a member may make a

request for an opinion to the commissioner under

section 36.

(3) Where a request for an opinion has been made

to the commissioner under

section 36 but the commissioner is of the opinion that

the matter does not fall within his or her jurisdiction under sections 36 to 42, a complainant is not

prohibited from making a complaint on the matter in accordance with the policy.

(4) Where a matter has been referred to either the

commissioner or the citizens' representative under this Act or the policy and

the commissioner or the citizens' representative, as appropriate, has issued a

report or discontinued an investigation of that matter, the decision of the

commissioner or citizens' representative, as appropriate, is final and the

matter may not be subsequently referred to the statutory officer who has not

yet heard it.

Authority

42.3

(1) The

citizens' representative shall conduct an investigation of an allegation made

in a complaint under the policy in accordance with the policy.

(2) The investigation of an allegation made in a

complaint under the policy shall be conducted as informally and expeditiously

as possible in accordance with the policy.

(3) The citizens' representative shall ensure that

the right to procedural fairness of all persons involved in an investigation is

respected, including the complainant and the respondent.

Report

42.4 The

citizens' representative shall report his or her findings to the Privileges and

Elections Committee in accordance with the policy.

Roles of

Privileges and Elections Committee

42.5 The

Privileges and Elections Committee may do those things and exercise those

powers assigned to it under the policy, and nothing in the policy, this

section

or sections 42.1 to 42.11 shall be taken to derogate from the powers,

privileges and immunities of the House of Assembly, of its members or of the

Privileges and Elections Committee under this or under any other law.

Penalties

42.6

(1) Where,

in a report under

section 42.4, the citizens' representative determines that a

complaint against a member is substantiated, the Privileges and Elections

Committee may recommend to the House of Assembly that

(

a) the member be reprimanded;

(

b) the member make restitution or pay

compensation;

(

c) the member be suspended from the House of

Assembly, with or without pay, for a period specified in the report; or

(

d) the member's seat be declared vacant.

(2) Before making a recommendation under

subsection (1), the Privileges and Elections Committee shall, in accordance

with the policy, provide the complainant and respondent with an opportunity to

appear before the committee or to make a written submission to it respecting

the sanction, if any, that the committee may recommend to the House of

Assembly.

Concurrence of

House of Assembly

42.7

(1) A

report of the Privileges and Elections Committee under the policy shall be

taken up and disposed of by the House of Assembly within 6 months of its being

tabled, or a longer period that the House of Assembly may determine.

(2) A recommendation of the Privileges and

Elections Committee shall not take effect unless it is concurred in by resolution

of the House of Assembly.

Confidentiality of

identity

42.8 The

identity of a person making a complaint and any witness to the matter to which

the complaint relates shall be kept confidential to the extent permitted by law

and consistent with the need to conduct a proper investigation and the requirements

of procedural fairness.

Where complainant

is citizens' representative

42.9 Where

the person making a complaint under the policy is the citizens' representative,

the commissioner may exercise the powers of the citizens' representative under

the policy and sections 42.1 to 42.8 as if the commissioner were the citizens'

representative.

Protection from

liability

42.10 A

civil action or proceeding shall not be brought against an employee, the

speaker, the clerk, the commissioner, the citizens' representative, an

investigator, a member of the Privileges and Elections Committee or a person

acting on behalf of or under the direction of any of them for a thing done or

not done in good faith relating to the performance or intended performance of a

duty or the exercise or intended exercise of a power under the policy or

sections 42.1 to 42.9.

Declaration

42.11 Before February 1 in a year, a member shall

file with the clerk a declaration that the member has read and understood the

provisions of the policy.

Commencement

(1) This Act comes into force on April 1, 2020.

(2) Notwithstanding subsection (1), the citizens'

representative may, before the coming into force of this Act and the effective

date of the policy, hire those people and do those things that may be required

to give effect to the requirements of this Act and the policy.

Queen's Printer