First

Session, 47th General Assembly

Elizabeth II, 2012

BILL 47

AN ACT TO AMEND VARIOUS

ACTS OF THE

PROVINCE RESPECTING APPOINTMENTS TO

BOARDS, COUNCILS AND TRIBUNALS

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

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

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

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

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

HONOURABLE

NICK MCGRATH

Minister

of Service Newfoundland and Labrador

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Acts listed

below to

provide for staggered

appointments to boards, councils and tribunals, making those appointments

similar to appointments to disciplinary panels; and

allow appointed members to

continue in office upon the expiry of their terms until they are reappointed or

replaced, where those provisions are not currently included in the Acts.

This Bill would amend the following

Acts:

Architects Act, 2008 ;

Certified General Accountants Act, 2008 ;

Certified Management Accountants Act ;

Chartered Accountants Act, 2008 ;

Embalmers and Funeral Directors Act, 2008 ;

Engineers and Geoscientists Act, 2008 ;

Financial Services Appeal Board Act ;

Occupational Health and Safety Act ;

Public Accountants Act ; and

Public Safety Act .

A BILL

AN ACT TO AMEND VARIOUS ACTS OF THE

PROVINCE RESPECTING APPOINTMENTS TO BOARDS, COUNCILS AND TRIBUNALS

Analysis

Short title

ARCHITECTS

ACT, 2008

S.6 Amdt.

Appointment by minister

BUILDINGS

S.18 Amdt.

Advisory board

S.20 Amdt.

Appeal tribunal

CERTIFIED

GENERAL ACCOUNTANTS ACT, 2008

S.4 Amdt.

Appointment by minister

CERTIFIED

MANAGEMENT ACCOUNTANTS ACT

S.6 Amdt.

Appointment by minister

CHARTERED

ACCOUNTANTS ACT, 2008

S.5 Amdt.

Appointment by minister

EMBALMERS

AND FUNERAL DIRECTORS ACT, 2008

S.4 Amdt.

Appointment by minister

ENGINEERS

AND GEOSCIENTISTS ACT, 2008

S.5 Amdt.

Appointment by minister

FINANCIAL

SERVICES APPEAL BOARD ACT

S.3 Amdt.

Appeal board

OCCUPATIONAL

HEALTH AND SAFETY ACT

S.14 Amdt.

Members of council

PUBLIC

ACCOUNTANTS ACT

S.4 Amdt.

Appointment by minister

PUBLIC

SAFETY ACT

S.25 Amdt.

Appointment of appeal board

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This Act may be cited as the Appointments to Boards, Councils and

Tribunals Amendment Act .

ARCHITECTS ACT, 2008

SNL2008 cA-15.1

as amended

Section 6 of the Architects Act, 2008 is amended by adding immediately after

subsection (7) the following:

(8) Notwithstanding subsection (2), at least one

half of the members next appointed or reappointed following the commencement of

this subsection shall be appointed for a term of 2 years and the remainder for a

term of 3 years and all subsequent appointments of members to the board shall

be for a term of 3 years.

RSNL1990 cB-10

as amended

subsection (2) the following:

(2.1) Where the term of a member of the board

expires, he or she continues to be a member until reappointed or replaced.

(2) Section 18 of the Act is amended by adding

immediately after subsection (3) the following:

(4) Notwithstanding subsection (2), at least one

half of the members next appointed or reappointed following the commencement of

this subsection shall be appointed for a term of 2 years and the remainder for

a term of 3 years and all subsequent appointments of members to the board shall

be for a term of 2 years.

(1) Section 20 of the Act is amended by

adding immediately after subsection (3) the following:

(3.1) Where the term of a member of the tribunal

expires, he or she continues to be a member until reappointed or replaced.

(2) Section 20 of the Act is amended by adding

immediately after subsection (4) the following:

(5) Notwithstanding subsection (3), at least one

half of the members next appointed or reappointed following the commencement of

this subsection shall be appointed for a term of 2 years and the remainder for a

term of 3 years and all subsequent appointments of members to the tribunal

shall be for a term of 2 years.

CERTIFIED GENERAL ACCOUNTANTS

ACT, 2008

SNL2008 cC-6.1

as amended

Section 4 of the Certified General Accountants Act, 2008 is amended by adding

immediately after subsection (7) the following:

(8) Notwithstanding subsection (2), at least one

half of the members next appointed or reappointed following the commencement of

this subsection shall be appointed for a term of 2 years and the remainder for a

term of 3 years and all subsequent appointments of members to the board shall

be for a term of 3 years.

CERTIFIED MANAGEMENT

ACCOUNTANTS ACT

SNL2008 cC-6.2

as amended

Section 6 of the Certified Management Accountants Act is amended by adding

immediately after subsection (7) the following:

(8) Notwithstanding subsection (2), at least one

half of the members next appointed or reappointed following the commencement of

this subsection shall be appointed for a term of 2 years and the remainder for a

term of 3 years and all subsequent appointments of members to the board shall

be for a term of 3 years.

CHARTERED ACCOUNTANTS ACT, 2008

SNL2008 cC-9.1

as amended

Section 5 of the Chartered Accountants Act, 2008 is amended by adding immediately

after subsection (7) the following:

(8) Notwithstanding subsection (2), at least one

half of the members next appointed or reappointed following the commencement of

this subsection shall be appointed for a term of 2 years and the remainder for a

term of 3 years and all subsequent appointments of members to the board shall

be for a term of 3 years.

EMBALMERS AND FUNERAL DIRECTORS ACT, 2008

SNL2008 cE-7.1

Section 4 of the Embalmers and Funeral Directors Act, 2008 is amended by adding immediately

after subsection (6) the following:

(7) Notwithstanding subsection (2), at least one

half of the members next appointed or reappointed following the commencement of

this subsection shall be appointed for a term of 2 years and the remainder for a

term of 3 years and all subsequent appointments of members to the board shall

be for a term of 3 years.

ENGINEERS AND GEOSCIENTISTS ACT, 2008

SNL2008 cE-12.1

as amended

Section 5 of the Engineers and Geoscientists Act, 2008 is amended by adding immediately

after subsection (7) the following:

(8) Notwithstanding subsection (2), at least one

half of the members next appointed or reappointed following the commencement of

this subsection shall be appointed for a term of 2 years and the remainder for a

term of 3 years and all subsequent appointments of members to the board shall

be for a term of 3 years.

FINANCIAL SERVICES APPEAL BOARD ACT

SNL2005 cF-9.1

Section 3 of the Financial Services Appeal Board Act is amended by adding

immediately after subsection (6) the following:

(7) Notwithstanding subsection (2), at least one

half of the members next appointed or reappointed following the commencement of

this subsection shall be appointed for a term of 2 years and the remainder for a

term of 3 years and all subsequent appointments of members to the board shall

be for a term of 3 years.

OCCUPATIONAL HEALTH AND SAFETY ACT

RSNL1990 c0-3

as amended

(1) Section 14 of the Occupational Health and Safety Act is amended by adding immediately

after subsection (3) the following:

(3.1) Where the term of a member expires, he or she

continues to be a member until reappointed or replaced.

(2) Section 14 of the Act is amended by adding

immediately after subsection (4) the following:

(5) Notwithstanding subsection (3), at least one

half of the members next appointed or reappointed following the commencement of

this subsection shall be appointed for a term of 2 years and the remainder for a

term of 3 years and all subsequent appointments of members to the council shall

be for a term of 3 years.

PUBLIC ACCOUNTANTS ACT

SNL2009 cP-35.1

as amended

Section 4 of the Public Accountants Act is amended by adding immediately after

subsection (8) the following:

(9) Notwithstanding subsection (2), at least one

half of the members next appointed or reappointed following the commencement of

this subsection shall be appointed for a term of 2 years and the remainder for

a term of 3 years and all subsequent appointments of members to the board shall

be for a term of 3 years.

PUBLIC SAFETY ACT

SNL1996 cP-41.01

as amended

Section 25 of the Public Safety Act is amended by adding immediately after subsection

(7) the following:

(8) Notwithstanding subsection (3), at least one

half of the members next appointed or reappointed following the commencement of

this subsection shall be appointed for a term of 2 years and the remainder for a

term of 3 years and all subsequent appointments of members to the board shall

be for a term of 3 years.

Queen's Printer