First

Session, 48th General Assembly

Elizabeth II, 2016

BILL 27

AN ACT TO AMEND THE LAW

RESPECTING STATUTORY OFFICES OF THE HOUSE OF ASSEMBLY

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 Auditor General Act , the Child

and Youth Advocate Act , the Citizens'

Representative Act , the Elections

Act, 1991 and the House of Assembly

Act to standardize provisions relating to the manner of appointment, term

of office, removal, suspension and salary of statutory officers appointed under

those Acts; and

amend the Access to Information and Protection of Privacy Act, 2015 to make

the provisions relating to the salary of the Information and Privacy

Commissioner consistent with the salary provisions of other statutory officers.

A BILL

AN ACT TO AMEND THE LAW RESPECTING

STATUTORY OFFICES OF THE HOUSE OF ASSEMBLY

Analysis

Short title

ACCESS

TO INFORMATION AND PROTECTION OF PRIVACY ACT, 2015

S.90 Amdt

Salary, pension and benefits

AUDITOR

GENERAL ACT

Ss.3 to 8 R&S

3. Office of auditor

general

4. Appointment of auditor general

4.1 Status of auditor general

5. Term of office

6. Removal or suspension

6.1 Suspension when House of Assembly not sitting

7. Acting auditor general

8. Salary, pension and benefits

CHILD

AND YOUTH ADVOCATE ACT

Ss.4 to 9 R&S

4. Appointment of

Child and Youth

Advocate

5. Status of advocate

6. Term of office

7. Removal or suspension

8. Suspension when House of Assembly not sitting

8.1 Acting advocate

9. Salary, pension and benefits

CITIZENS'

REPRESENTATIVE ACT

Ss.3 to 8 R&S

3. Appointment of

Citizens'

Representative

4. Status of Citizens'

Representative

5. Term of office

6. Removal or suspension

7. Suspension when

House of Assembly not sitting

7.1 Acting Citizens'

Representative

8. Salary, pension and

benefits

ELECTIONS

ACT, 1991

6. Ss.4 to 6 R&S

4. Appointment of

Chief Electoral Officer

5. Duties of Chief

Electoral Officer

5.1 Status of Chief

Electoral Officer

5.2 Term of office

5.3. Removal or suspension

5.4 Suspension when

House of Assembly not

sitting

5.5 Acting Chief Electoral

Officer

6. Salary, pension and

benefits

HOUSE

OF ASSEMBLY ACT

S.34 R&S

Commissioner

Commencement

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 Statutory Offices of the House of Assembly Amendment

Act.

ACCESS TO INFORMATION AND PROTECTION OF PRIVACY

ACT, 2015

SNL2015 cA-1.2

2. Subsections 90(1) and (2) of the Access to Information and Protection of Privacy

Act, 2015 are repealed and the following substituted:

Salary, pension

and benefits

(1) The commissioner shall be paid a salary fixed by

the Lieutenant-Governor in Council after consultation with the House of

Assembly Management Commission .

(2) The salary

of the commissioner shall not be reduced except on resolution of the House of

Assembly.

AUDITOR GENERAL ACT

SNL1991 c22

as amended

3. Sections 3 to 8 of the Auditor General Act are repealed and the following substituted:

Office of auditor

general

3. The

Office of the Auditor General is established.

Appointment of

auditor general

4. On

resolution of the House of Assembly, the Lieutenant-Governor in Council shall

appoint a qualified auditor as Auditor General of Newfoundland

and Labrador .

Status of auditor

general

4.1

(1) The auditor general is an officer of the House of

Assembly and is not eligible to be nominated for election, to be elected or to

sit as a member of the House of Assembly.

(2) The

auditor general shall not hold another public office or carry on a trade,

business or profession.

Term of office

(1) Unless

he or she sooner resigns, dies or is removed from office, the auditor general

shall hold office for 10 years from the date of his or her appointment.

(2) Once having served as auditor general, a

person is not eligible for re-appointment to that office.

(3) The auditor general may resign his or her

office in writing addressed to the Speaker of the House of Assembly, or, where

there is no Speaker or the Speaker is absent, to the Clerk of the House of Assembly.

Removal or suspension

6 . The Lieutenant-Governor in Council, on resolution

of the House of Assembly passed by a majority vote of the members of the House

of Assembly actually voting, may suspend or remove the auditor general from

office because of an incapacity to act or for misconduct, cause or neglect

of duty .

Suspension when

House of Assembly not sitting

6.1 When the House of Assembly is not sitting, the

Lieutenant-Governor in Council may suspend the auditor general because of an

incapacity to act or for misconduct, cause or neglect of duty but the suspension shall not continue in force

beyond the end of the next sitting of the House of Assembly.

Acting auditor

general

(1) The

Lieutenant-Governor in Council may, on the recommendation of the commission, appoint

an acting auditor general if

(

a) the auditor

general is temporarily unable to perform his or her duties;

(

b) the office of the auditor general becomes vacant or the auditor general is suspended

when the House of Assembly is not sitting; or

(

c) the office of the auditor general becomes vacant or the auditor general is suspended

when the House of Assembly is sitting, but the House of Assembly does not pass

a resolution to appoint an auditor general

before the end of that sitting.

(2) Where the office of the auditor general becomes vacant and an

acting auditor general is appointed under paragraph (1)(

b) or (c), the term of

the acting auditor general shall not

extend beyond the end of the next sitting of the House of Assembly.

(3) An acting auditor

general holds office until

(

a) the auditor

general returns to his or her duties after a temporary inability to

perform;

(

b) the suspension of the auditor general ends or is dealt with in the House of Assembly; or

(

c) a person is appointed as auditor general under

section 4.

Salary, pension

and benefits

(1) The auditor general shall be paid a salary fixed

by the Lieutenant-Governor in Council after consultation with the commission .

(2) The salary

of the auditor general shall not be reduced except on resolution of the House

of Assembly.

(3) The auditor general is subject to the Public Service Pensions Act, 1991 where

he or she was subject to that Act before his or her appointment as auditor general.

(4) Where the auditor general was not subject to

the Public Service Pensions Act, 1991

before his or her appointment as auditor general, he or she shall be paid, for

contribution to a registered retirement savings plan, an amount equivalent to the

amount which he or she would have contributed to the Public Service Pensions

Plan were the circumstances in

subsection (3) applicable.

(5) The auditor general is eligible to receive the

same benefits as a deputy minister, with the exception of a pension where

subsection (4) applies.

CHILD AND YOUTH ADVOCATE ACT

SNL2001 cC-12.01

as amended

4. Sections 4 to 9 of the Child and Youth Advocate Act are repealed and the following

substituted:

Appointment of

Child and Youth Advocate

4. On

resolution of the House of Assembly, the Lieutenant-Governor in Council shall

appoint a Child and Youth Advocate.

Status of advocate

(1) The advocate is an officer of the House of

Assembly and is not eligible to be nominated for election, to be elected or to

sit as a member of the House of Assembly.

(2) The

advocate shall not hold another public office or carry on a trade, business or

profession.

Term of office

(1) Unless he or she sooner resigns, dies or is

removed from office, the advocate shall hold office for 6 years from the date

of his or her appointment, and he or she may be re-appointed for a second term

of 6 years, but shall not hold office for more than 2 terms.

(2) The

advocate may resign his or her office in writing addressed to the Speaker of

the House of Assembly, or, where there is no Speaker or the Speaker is absent,

to the Clerk of the House of Assembly.

Removal or suspension

7. The Lieutenant-Governor in Council, on resolution

of the House of Assembly passed by a majority vote of the members of the House

of Assembly actually voting, may suspend or remove the advocate from office

because of an incapacity to act or for misconduct, cause or neglect of

duty .

Suspension when

House of Assembly not sitting

8. When the House of Assembly is not sitting, the

Lieutenant-Governor in Council may suspend the advocate because of an incapacity

to act or for misconduct, cause or neglect of duty but the suspension shall not continue in force

beyond the end of the next sitting of the House of Assembly.

Acting advocate

8.1

(1) The

Lieutenant-Governor in Council may, on the recommendation of the House of

Assembly Management Commission, appoint an acting advocate if

(

a) the advocate is temporarily unable to perform

his or her duties;

(

b) the office of the advocate becomes vacant or

the advocate is suspended when the House of Assembly is not sitting; or

(

c) the office of the advocate becomes vacant or

the advocate is suspended when the House of Assembly is sitting, but the House

of Assembly does not pass a resolution to appoint an advocate before the end of

that sitting.

(2) Where the office of the advocate becomes

vacant and an acting advocate is appointed under paragraph (1)(

b) or (c), the

term of the acting advocate shall not extend beyond the end of the next sitting

of the House of Assembly.

(3) An acting advocate holds office until

(

a) the advocate returns to his or her duties

after a temporary inability to perform;

(

b) the suspension of the advocate ends or is

dealt with in the House of Assembly; or

(

c) a person is appointed as advocate under

section 4.

Salary, pension

and benefits

(1) The advocate shall be paid a salary fixed by the

Lieutenant-Governor in Council after consultation with the House of

Assembly Management Commission .

(2) The salary

of the advocate shall not be reduced except on resolution of the House of

Assembly.

(3) The advocate is subject to the Public Service Pensions Act, 1991 where

he or she was subject to that Act before his or her appointment as advocate.

(4) Where the advocate was not subject to the Public Service Pensions Act, 1991 before

his or her appointment as advocate, he or she shall be paid, for contribution

to a registered retirement savings plan, an amount equivalent to the amount

which he or she would have contributed to the Public Service Pension Plan were

the circumstances in subsection (3) applicable.

(5) The advocate is eligible to receive the same

benefits as a deputy minister, with the exception of a pension where subsection

(4) applies.

CITIZENS' REPRESENTATIVE ACT

SNL2001 cC-14.1

as amended

5. Sections 3 to 8 of the Citizens' Representative Act are repealed and the following

substituted:

Appointment of

Citizens' Representative

(1) The

Office of the Citizens' Representative is established.

(2) On resolution of the House of Assembly, the

Lieutenant-Governor in Council shall appoint a Citizens' Representative.

Status of

Citizens' Representative

4 .

(1) The Citizens' Representative is an officer of the

House of Assembly and is not eligible to be nominated for election, to be elected

or to sit as a member of the House of Assembly.

(2) The

Citizens' Representative shall not hold another public office or carry on a

trade, business or profession.

Term of office

(1) Unless he or she sooner resigns, dies or is

removed from office, the Citizens' Representative shall hold office for 6 years

from the date of his or her appointment, and he or she may be re-appointed for

a second term of 6 years, but shall not hold office for more than 2 terms.

(2) The

Citizens' Representative may resign his or her office in writing addressed to

the Speaker of the House of Assembly, or, where there is no Speaker or the

Speaker is absent, to the Clerk of the House of Assembly.

Removal or suspension

6. The Lieutenant-Governor in Council, on resolution

of the House of Assembly passed by a majority vote of the members of the House

of Assembly actually voting, may suspend or remove the Citizens' Representative

from office because of an incapacity to act or for misconduct, cause or

neglect of duty .

Suspension when

House of Assembly not sitting

7. When the House of Assembly is not sitting, the

Lieutenant-Governor in Council may suspend the Citizens' Representative because

of an incapacity to act or for misconduct, cause or neglect of duty but the suspension shall not continue in force

beyond the end of the next sitting of the House of Assembly.

Acting Citizens' Representative

7.1

(1) The

Lieutenant-Governor in Council may, on the recommendation of the House of

Assembly Management Commission, appoint an acting Citizens' Representative if

(

a) the Citizens' Representative is temporarily

unable to perform his or her duties;

(

b) the office of the Citizens' Representative

becomes vacant or the Citizens' Representative is suspended when the House of

Assembly is not sitting; or

(

c) the office of the Citizens' Representative

becomes vacant or the Citizens' Representative is suspended when the House of

Assembly is sitting, but the House of Assembly does not pass a resolution to appoint

a Citizens' Representative before the end of that sitting.

(2) Where the office of the Citizens'

Representative becomes vacant and an acting Citizens' Representative is

appointed under paragraph (1)(

b) or (c), the term of the acting Citizens'

Representative shall not extend beyond the end of the next sitting of the House

of Assembly.

(3) An acting Citizens' Representative holds

office until

(

a) the Citizens' Representative returns to his or

her duties after a temporary inability to perform;

(

b) the suspension of the Citizens' Representative

ends or is dealt with in the House of Assembly; or

(

c) a person is appointed as Citizens'

Representative under

section 3.

Salary, pension

and benefits

(1) The Citizens' Representative shall be paid a

salary fixed by the Lieutenant-Governor in Council after consultation with the House

of Assembly Management Commission .

(2) The salary

of the Citizens' Representative shall not be reduced except on resolution of

the House of Assembly.

(3) The Citizens' Representative is subject to the

Public Service Pensions Act, 1991

where he or she was subject to that Act before his or her appointment as

Citizens' Representative.

(4) Where the Citizens' Representative was not

subject to the Public Service Pensions

Act, 1991 before his or her appointment as Citizens' Representative, he or

she shall be paid, for contribution to a registered retirement savings plan, an

amount equivalent to the amount which he or she would have contributed to the Public

Service Pension Plan were the circumstances in subsection (3) applicable.

(5) The Citizens' Representative is eligible to

receive the same benefits as a deputy minister, with the exception of a pension

where subsection (4) applies.

ELECTIONS ACT, 1991

SNL1992 cE-3.1

as amended

6. Sections 4 to 6 of the Elections Act, 1991 are repealed and the following substituted:

Appointment of

Chief Electoral Officer

(1) The

Office of the Chief Electoral Officer is established.

(2) On resolution of the House of Assembly, the

Lieutenant-Governor in Council shall appoint a Chief Electoral Officer.

Duties of Chief Electoral Officer

(1) It

is the duty of the Chief Electoral Officer

(

a) to exercise general direction and supervision

over the administrative conduct of elections and to enforce on the part of

election officers fairness, impartiality and compliance with this Act;

(

b) to issue to election officers those

instructions that he or she considers necessary to ensure effective execution

of this Act; and

(

c) to perform all other duties that are imposed

on him or her by or under this Act.

(2) The Chief Electoral Officer shall report on

his or her activities to the House of Assembly through the Speaker.

Status of Chief

Electoral Officer

5.1

(1) The Chief Electoral Officer is an officer of the

House of Assembly and is not eligible to be nominated for election, to be elected

or to sit as a member of the House of Assembly.

(2) The Chief

Electoral Officer may hold the office of Commissioner for Legislative Standards

but shall not hold another public office or carry on a trade, business or

profession.

Term of Office

5.2

(1) Unless he or she sooner resigns, dies or is

removed from office, the Chief Electoral Officer shall hold office for 6 years

from the date of his or her appointment, and he or she may be reappointed for a

second term of 6 years, but shall not hold office for more than 2 terms.

(2) The Chief

Electoral Officer may resign his or her office in writing addressed to the Speaker.

Removal or suspension

5.3 T he Lieutenant-Governor in Council, on resolution

of the House of Assembly passed by a majority vote of the members of the House

of Assembly actually voting, may suspend or remove the Chief Electoral Officer

from office because of an incapacity to act or for misconduct, cause or

neglect of duty .

Suspension when

House of Assembly not sitting

5.4 When the House of Assembly is not sitting, the

Lieutenant-Governor in Council may suspend the Chief Electoral Officer because

of an incapacity to act or for misconduct, cause or neglect of duty but the suspension shall not continue in force

beyond the end of the next sitting of the House of Assembly.

Acting Chief Electoral Officer

5.5

(1) The

Lieutenant-Governor in Council may, on the recommendation of the House of

Assembly Management Commission, appoint an acting Chief Electoral Officer if

(

a) the Chief

Electoral Officer is temporarily unable to perform his or her duties;

(

b) the office of the Chief Electoral Officer becomes vacant or the Chief Electoral

Officer is suspended when the House of Assembly is not sitting; or

(

c) the office of the Chief Electoral Officer becomes vacant or the Chief Electoral

Officer is suspended when the House of Assembly is sitting, but the House of

Assembly does not pass a resolution to appoint a Chief Electoral Officer before

the end of that sitting.

(2) Where the office of the Chief Electoral Officer becomes vacant and

an acting Chief Electoral Officer is

appointed under paragraph (1)(

b) or (c), the term of the acting Chief Electoral Officer shall not extend

beyond the end of the next sitting of the House of Assembly.

(3) An acting Chief

Electoral Officer holds office until

(

a) the Chief

Electoral Officer returns to his or her duties after a temporary

inability to perform;

(

b) the suspension of the Chief Electoral Officer ends or is dealt with in the House of

Assembly; or

(

c) a person is appointed as Chief Electoral Officer under

section 4.

Salary, pension

and benefits

(1) The Chief Electoral Officer shall be paid a salary

fixed by the Lieutenant-Governor in Council after consultation with the House

of Assembly Management Commission .

(2) The salary

of the Chief Electoral Officer shall not be reduced except on resolution of the

House of Assembly.

(3) The Chief

Electoral Officer is subject to the Public

Service Pensions Act, 1991 where he or she was subject to that Act before his

or her appointment as Chief Electoral

Officer .

(4) Where the Chief

Electoral Officer was not subject to the Public Service Pensions Act, 1991 before his or her appointment as Chief Electoral Officer , he or she shall

be paid, for contribution to a registered retirement savings plan, an amount

equivalent to the amount which he or she would have contributed to the Public

Service Pension Plan were the circumstances in subsection (3) applicable.

(5) The Chief

Electoral Officer is eligible to receive the same benefits as a deputy

minister, with the exception of a pension where subsection (4) applies.

HOUSE OF ASSEMBLY ACT

RSNL1990 cH-10

as amended

Section 34 of the House of Assembly Act is repealed and the following substituted:

Commissioner

(1) On

resolution of the House of Assembly, the Lieutenant-Governor in Council shall

appoint a Commissioner for Legislative Standards.

(2) The commissioner

is an officer of the House of Assembly and is not eligible to be nominated for

election, to be elected or to sit as a member of the House of Assembly.

(3) The

commissioner may hold the office of Chief Electoral Officer but shall not hold

another public office or carry on a trade, business or profession.

(4) Unless he

or she sooner resigns, dies or is removed from office, the commissioner shall

hold office for 6 years from the date of his or her appointment, and he or she

may be re-appointed for a second term of 6 years, but shall not hold office for

more than 2 terms.

(5) The

commissioner may resign his or her office in writing addressed to the Speaker

of the House of Assembly, or, where there is no Speaker or the Speaker is

absent, to the Clerk of the House of Assembly.

(6) Th e Lieutenant-Governor

in Council, on resolution of the House of Assembly passed by a majority vote of

the members of the House of Assembly actually voting, may suspend or remove the

commissioner from office because of an incapacity to act or for

misconduct, cause or neglect of duty .

(7) When the

House of Assembly is not sitting, the Lieutenant-Governor in Council may

suspend the commissioner because of an incapacity to act or for

misconduct, cause or neglect of duty but

the suspension shall not continue in force beyond the end of the next sitting of

the House of Assembly.

(8) The Lieutenant-Governor in Council may, on the

recommendation of the House of Assembly Management Commission, appoint an

acting commissioner if

(

a) the commissioner

is temporarily unable to perform his or her duties;

(

b) the office of the commissioner becomes vacant or the commissioner is suspended when

the House of Assembly is not sitting; or

(

c) the office of the commissioner becomes vacant or the commissioner is suspended when

the House of Assembly is sitting, but the House of Assembly does not pass a

resolution to appoint a commissioner

before the end of that sitting.

(9) Where the office of the commissioner becomes vacant and an acting commissioner is appointed under paragraph

(8)(

b) or (c), the term of the acting commissioner

shall not extend beyond the end of the next sitting of the House of Assembly.

(10) An acting commissioner

holds office until

(

a) the commissioner

returns to his or her duties after a temporary inability to perform;

(

b) the suspension of the commissioner ends or is dealt with in the House of Assembly; or

(

c) a person is appointed as commissioner under subsection (1).

(11) The

commissioner shall be paid a salary fixed by the Lieutenant-Governor in Council

after consultation with the House of Assembly Management Commission .

(12) The salary

of the commissioner shall not be reduced except on resolution of the House of

Assembly.

(13) The commissioner

is subject to the Public Service Pensions

Act, 1991 where he or she was subject to that Act before his or her appointment

as commissioner.

(14) Where the commissioner was not subject to the Public Service Pensions Act, 1991 before

his or her appointment as commissioner, he or she shall be paid, for

contribution to a registered retirement savings plan, an amount equivalent to the

amount which he or she would have contributed to the Public Service Pension

Plan were the circumstances in subsection (13) applicable.

(15) The commissioner is eligible to receive the

same benefits as a deputy minister, with the exception of a pension where

subsection (14) applies.

(16) The commissioner may, subject to the approval

of the House of Assembly Management Commission continued under

section 18 of

the House of Assembly Accountability,

Integrity and Administration Act , appoint for the term and on the

conditions that the commissioner may determine those employees and officers

that are necessary for the performance of the duties of the commissioner.

(17) The commissioner and every person employed by

the commissioner shall swear an oath or make a solemn declaration to keep

confidential information relating to the personal interests and property of

members received or obtained under this Part.

Commencement

8. This Act comes into force on the day the Independent Appointments Commission Act comes

into force.

Queen's Printer