Third

Session, 48th General Assembly

Elizabeth II, 2018

BILL 40

AN ACT TO AMEND THE HOUSING

CORPORATION ACT

Received

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

Second

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

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

Third

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

Royal

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

HONOURABLE LISA

DEMPSTER

Minister Responsible

for the Newfoundland

and Labrador Housing

Corporation

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Housing Corporation Act to

separate the positions of

chairperson and chief executive officer of the Newfoundland and Labrador

Housing Corporation;

provide that members of the

Newfoundland and Labrador Housing Corporation, other than the chief executive

officer, hold office for 3 years with the possibility of reappointment and that

they continue to hold office until reappointed or replaced; and

modernize the language of the

Act respecting persons with disabilities.

A BILL

AN ACT TO AMEND THE HOUSING CORPORATION ACT

Analysis

S.3 Amdt.

Corporation

S.4 R&S

Membership

S.5 R&S

Tenure

4. S.6 R&S

Remuneration

S.7 R&S

Chief executive officer

S.8 Amdt.

Use of seal

S.9 Amdt.

Status of corporation

S.28 R&S

Oath or Affirmation

S.37 R&S

Financial statement

S.39 Amdt.

Audit of accounts

11. SNL2016 cI-2.1 Amdt.

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cH-13

as amended

1. Subsection 3(2) of the Housing Corporation Act

is repealed and the following substituted:

(2) The membership of the corporation shall

consist of not less than 5 and not more than 11 members to be appointed by the

Lieutenant-Governor in Council, one of whom shall be a representative of persons

with disabilities in the province.

Section 4 of the Act is repealed and the

following substituted:

Membership

(1) The

Lieutenant-Governor in Council may designate one of the members of the

corporation appointed under subsection 3(2) to be chairperson and another to be

vice-chairperson of the corporation.

(2) During the incapacity or absence of the

chairperson or a vacancy in the office of chairperson, the vice-chairperson, or

one of the other members of the corporation appointed under subsection 3(2) who

is designated in writing by the minister, has and may exercise the powers of

the chairperson and shall discharge his or her duties.

(3) A majority of the members of the corporation appointed

under subsection 3(2) shall constitute a quorum.

(4) Where, at a meeting of the corporation, there

is an equality of votes inclusive of his or her own vote, the member of the

corporation presiding at the meeting has a second or casting vote.

(5) Where a vacancy occurs in the membership of

the corporation because of the death, resignation or illness of a member, the

Lieutenant-Governor in Council may appoint a person to replace that member.

(6) The exercise of the powers of the corporation

shall not be impaired because of a vacancy in its membership.

(7) All acts done by the corporation shall,

notwithstanding that it is afterwards discovered that there was some defect in

the appointment or qualification of a person purporting to be a member of the

corporation, be as valid as if the defect had not existed.

Section 5 of the Act is repealed and the

following substituted:

Tenure

(1) A

member of the corporation appointed under subsection 3(2) shall be appointed

for a term of 3 years, and may be reappointed for one additional 3 year term,

to be served consecutively.

(2) Notwithstanding subsection (1), where the term

of a member appointed under subsection 3(2) expires, he or she shall continue

as a member until reappointed or replaced.

Section 6 of the Act is repealed and the

following substituted:

Remuneration

6. A

member of the corporation appointed under subsection 3(2) may be paid the

salary or other remuneration and expenses that the Lieutenant-Governor in

Council may determine.

Section 7 of the Act is repealed and the

following substituted:

Chief executive

officer

(1) The

Lieutenant- Governor in Council shall appoint, after

consultation with the membership of the corporation, a chief executive

officer for the corporation and shall determine the remuneration and other

(2) The chief executive officer shall,

subject to the direction of the membership of the corporation, be charged with

the general direction, supervision and control of the business of the

corporation and shall have those other powers that may be conferred on him or

her by the regulations.

(3) The same person may not hold the offices of

chairperson and chief executive officer simultaneously.

(4) In addition to the members appointed under

subsection 3(2), the chief executive officer shall be a non-voting member of

the corporation.

(5) During an absence or incapacity of the chief

executive officer, the Lieutenant-Governor in Council may appoint an acting

chief executive officer who shall perform the duties of the chief executive

officer until his or her return or resumption of duties, or until a new chief

executive officer is appointed.

6. Paragraph 8(1)(

a) of the Act is repealed and

the following substituted:

(

a) the chief executive officer; and

7. Subsection 9(5) of the Act is repealed and the

following substituted:

(5) A member or officer of the corporation or a

person employed by the corporation does not become, because of the employment

only, an officer or employee of the Crown.

Section 28 of the Act is repealed and the

following substituted:

Oath or

Affirmation

28. Members,

officers and employees of the corporation shall, before entering upon their

duties, take and sign, before a justice of the peace or a commissioner for

oaths, an oath or affirmation of fidelity and secrecy in the form set out in

the

Schedule to this Act.

Section 37 of the Act is repealed and the

following substituted:

Financial

statement

37. The

financial statement referred to in

section 36 shall be signed by the

chairperson, the chief executive officer and one other member of the

corporation and certified by the auditor general and shall have attached to it

a report which the auditor general may have made to the corporation.

10. Subsection 39(2) of the Act is repealed and the

following substituted:

(2) When the auditor general makes an interim

examination of the accounts of the corporation during the course of a financial

year, he or she shall submit a report of the examination to the chairperson and

the chief executive officer of the corporation and to the minister.

SNL2016 cI-2.1

Amdt .

11. The

Schedule to the Independent Appointments Commission Act is amended by deleting

the statutory appointment reference " Housing

Corporation Act, subsections 3(2) and 4(1) with respect to the chairperson"

and substituting the statutory appointment reference " Housing Corporation Act, subsections 3(2) and 7(1)".

Queen's Printer