Third Session, 46th

General Assembly

59 Elizabeth II,

BILL 35

AN ACT TO AMEND THE PUBLIC SAFETY

ACT

Received

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

Second

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

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

Third

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

Royal

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

HONOURABLE HARRY

HARDING

Minister of Government

Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Public Safety Act to revise the appeals

process under that Act. The proposed amendments would:

add provisions to the Act to

enhance the governance structure of the public safety appeal board, including provisions

respecting the appointment of a chairperson of the board, and the appointment

and replacement of members of the board;

prescribe the procedures of the

board upon an appeal;

allow decisions of the board to

be appealed to the Trial Division; and

make a consequential change to the Electrical

Regulations made under that Act.

A BILL

AN ACT TO AMEND THE PUBLIC SAFETY ACT

Analysis

Ss 25 to 28 R&S

25. Appointment of appeal

board

26. Appeal to board

27. Procedure

27.1 Consideration of

appeal

27.2 Commencement of

appeal

27.3 Effect of appeal

27.4 Notice

28. Appeal to Trial

Division

NLR 120/96 Amdt.

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL1996 cP-41.01

1. Sections 25 to 28 of the Public Safety Act are repealed and the following substituted:

Appointment of

appeal board

(1) The

Lieutenant-Governor in Council may, from the persons recommended by the

minister, appoint an appeal board to make decisions regarding a person

aggrieved by an action taken under this Act or the regulations, and that board

shall consist of 5 members.

(2) The Lieutenant-Governor in Council shall, upon

the recommendation of the minister, appoint from among the members, one person

to act as the chairperson.

(3) A person appointed under subsection (1) shall

be appointed for a term of 3 years and is eligible for reappointment.

(4) Notwithstanding subsection (3), a member shall

continue to be a member until he or she is replaced or reappointed.

(5) Where a vacancy occurs in the membership of

the board, the Lieutenant-Governor in Council shall, from among persons recommended

by the minister, appoint a person to replace that member and that person shall

be a member for the unexpired term of the person he or she is replacing.

(6) A member shall be paid remuneration and

reasonable expenses that the Lieutenant-Governor in Council may fix.

(7) A decision of the board shall not be void by

reason only that there are one or more vacancies in the membership of the

board.

Appeal to board

(1) An

action confirmed, revoked or varied by the chief inspector under

section 24, or

a notice, decision or order of the chief inspector personally, may be appealed

to the appeal board by notice in writing within 30 days of the confirmation,

revocation or variation, or the notice, decision or order, of the chief

inspector.

(2) The person who receives a notice of appeal

under subsection (1) shall forward the notice to the chairperson of the board

or to his or her designate, not more than 15 days after receiving it.

(3) Upon receipt of a notice of appeal under

subsection (1), the chairperson shall assign 3 members, including the

chairperson, to consider the appeal.

(4) Notwithstanding subsection (3), the

chairperson may designate another member to act as chairperson for the purpose

of the conduct and hearing of an appeal.

(5) The chairperson, or his or her designate, may

dismiss the appeal with the consent of all parties.

(6) A decision of the members assigned to consider

an appeal under subsection (3) shall be considered to be a decision of the

board.

Procedure

The chief inspector shall forward to the chairperson or his or her designate

not more than 30 days after the notice of appeal is sent to the board under

subsection 26(1)

(

a) the record of oral

evidence, if any, that was

(

i) before

the person who made the original order or decision appealed under

section 24,

and

(ii) before the chief

inspector in consideration of the appeal;

(

b) documentary evidence,

if any, that was

(

i) before

the person who made the original order or decision appealed under

section 24,

and

(ii) before the chief

inspector in consideration of the appeal;

(

c) other things received

as evidence

(

i) before

the person who made the original order or decision appealed under

section 24,

and

(ii) before the chief

inspector in consideration of the appeal; and

(

d) the decision and

written reasons for it, of

(

i) the

person who made the original order or decision appealed under

section 24, and

(ii) the chief inspector

in consideration of the appeal.

Consideration of

appeal

27.1

(1) The

members considering an appeal may

(

a) permit oral submissions;

(

b) permit the introduction of evidence, oral or

otherwise, if satisfied that new evidence has become available or been

discovered that

(

i) is substantial and material to the decision,

and

(ii) did not exist at the time the original order

or decision was made or was not discovered or could not reasonably have been

discovered at the time that the original order or decision was made;

(

c) consider evidence related to the appeal,

whether or not that evidence would be permissible in court; and

(

d) proceed with the hearing of an appeal in the

absence of the appellant if the appellant has been given at least 10 days notice

of that hearing.

(2) Members hearing an appeal may

(

a) confirm the order or decision that is the

subject of the appeal;

(

b) revoke, suspend for a stated period of time or

amend the order or decision that is the subject of the appeal; and

(

c) impose other terms, conditions or actions with

respect to the order or decision that is the subject of the appeal that the

board considers necessary.

(3) A decision of the board shall

(

a) be in writing; and

(

b) state the reasons for that decision.

(4) The person who made the order or decision that

is the subject of an appeal is bound by the decision of the board and shall

give effect to the decision and recommendations received from the board.

(5) The decision of the board shall be given to

the chairperson who shall forward copies to the parties to the appeal.

(6) The chief inspector shall be considered to be

a party to the appeal.

Commencement of appeal

27.2 An

appeal under this Act must commence not more than 90 days after notice, in

writing, has been received by the chairperson under subsection 26(2).

Effect of appeal

27.3 An

appeal under

section 24 or 26 shall not affect the notice, decision, or order

of an inspector, but the notice, decision or order of an inspector shall remain

in force pending the outcome of the appeal.

Notice

27.4

(1) A

notice required to be given under this Act or the regulations is sufficiently

given or served where delivered personally or sent by registered mail addressed

to the person to whom delivery or service is to be made at the latest address

of that person known to the chairperson.

(2) Where a person to whom a notice or other

document is to be given or served as described in subsection (1) is a

corporation, that notice or document shall be considered to be sufficiently

given or served where

(

a) delivered personally

to a director or chief executive officer of the corporation; or

(

b) delivered personally

or by registered mail to the registered office of the corporation in the

province.

Appeal to Trial

Division

(1) A

person aggrieved by a decision of the board may appeal that decision to the

Trial Division on a question of jurisdiction or law.

(2) A decision of the board being appealed under

this

section is not stayed by the filing of that appeal.

NLR 120/96 Amdt.

Section 14 of the Electrical Regulations is repealed.

Earl G. Tucker, Queen's Printer