First

Session, 48th General Assembly

Elizabeth II, 2016

BILL 56

AN ACT RESPECTING THE

ROOMS CORPORATION

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

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

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

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

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

HONOURABLE

CHRISTOPHER MITCHELMORE

Minister of Business, Tourism, Culture and Rural Development

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would repeal and replace

the Rooms Act .

The Bill would

revise the structure of The

Rooms Corporation of Newfoundland and Labrador in order to make the structure

more flexible by removing the requirement for separate divisions and directors

for the archives, museum and art gallery;

enlarge the objects of the

corporation;

revise the mechanism to appoint

the provincial archivist; and

introduce a requirement for the

board to provide financial statements, reports and other information to the

minister when requested.

A BILL

AN ACT RESPECTING THE ROOMS

CORPORATION

Analysis

Short title

Definitions

Corporation

Objects of corporation

Status of corporation

Powers of corporation

Archaeological objects and significant

fossils

Archives, art galleries and museums

Responsibilities

Chief executive officer

Provincial archivist

Board

Board powers and duties

By-laws

Financial year

Payments to corporation

Short-term loans

Minutes to be kept

Financial statements, reports and other

information

Auditor

Head office

Public service

Archival records

Records access

Restriction

Copies

Destruction prohibited

Offence

Regulations

SNL2015 cA-1.2 Amdt.

RSNL1990 cH-4 Amdt.

SNL2016 cI-2.1 Amdt.

SNL2005 cM-1.01 Amdt.

SNL1991 c15 Amdt.

RSNL1990 cS-26 Amdt.

SNL2005 cR-15.1 Rep.

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 Rooms Act, 2016.

Definitions

2. In

this Act

(a) "abandoned record" means a

government record to which ownership cannot be established and which has been

determined to be an abandoned record by the chief information officer;

(b) "archival record" means a record of

archival value;

(c) "archives" means the archives

operated by the corporation and includes the archival records in the care and

control of the corporation;

(d) "art" means a work produced by the

conscious use of a person's skill and imagination that may incorporate

aesthetic ideas and objects;

(e) "art gallery" means an art gallery

operated by the corporation and includes the art in the care and control of the

corporation;

(f) "auditor general" means the auditor

general of Newfoundland and Labrador

appointed under the Auditor General Act

and includes all employees acting under the auditor generals direction;

(g) "board" means the board of directors

of the corporation referred to in

section 12;

(h) "cabinet record" means a record that

(

i) is advice, recommendations or policy

considerations submitted or prepared for submission to the Cabinet,

(ii) is draft legislation or regulations submitted

or prepared for submission to the Cabinet,

(iii) is a memorandum, the purpose of which is to

present proposals or recommendations to the Cabinet,

(iv) is a discussion paper, policy analysis, proposal,

advice or briefing material prepared for Cabinet, excluding the sections of

these records that are factual or background material,

(

v) is an agenda, minute or other record of

Cabinet recording deliberations or decisions of the Cabinet,

(vi) is used for or which reflects communications

or discussions among ministers on matters relating to the making of government

decisions or the formulation of government policy,

(vii) is created for or by a minister for the

purpose of briefing that minister on a matter for the Cabinet,

(viii) is created during the process of developing or

preparing a submission for the Cabinet, and

(ix) a portion of which contains information about

the contents of a record within a class of information referred to in

paragraphs (

i) to (viii);

(i) "chief executive officer" means the

chief executive officer appointed under subsection 10(1);

(j) "chief information officer" means

the Chief Information Officer of the Office of the Chief Information Officer;

(k) "corporation" means The Rooms

Corporation of Newfoundland and Labrador continued under subsection 3(1);

(l) "department" means, unless the

context indicates otherwise, the department presided over by the minister;

(m) "government record" means a record

created by or received by a public body in the conduct of its affairs and

includes a cabinet record, transitory record and an abandoned record;

(n) "historic artifact" means a work of

nature or of humans that is primarily of value for its archaeological,

palaeontological, prehistoric, historic, cultural, natural, scientific or

aesthetic interest;

(o) "minister" means, unless the context

indicates otherwise, the minister appointed under the Executive Council Act to administer this Act;

(p) "museum" means a museum operated by

the corporation and includes the historic artifacts and natural history

specimens in the care and control of the corporation;

(q) "provincial archivist" means the

person appointed under

section 11;

(r) "public body" means

(

i) a department created under the Executive Council Act or a branch of the

executive government of the province,

(ii) a corporation, the ownership of which, or a

majority of shares of which is vested in the Crown,

(iii) a corporation, commission, board or other

body, the majority of the members of which, or the majority of members of the

board of directors of which are appointed under

an Act of the province, the

Lieutenant-Governor in Council or a minister of the Crown,

(iv) a court established under

an Act of the province,

and

(

v) the House of Assembly and committees of the

House of Assembly;

(s) "record" means correspondence, a

memorandum, form, paper, parchment, manuscript, map, plan, drawing, painting,

print, photograph, magnetic tape, computer disc, electronically produced

document, microform and all other documentary material regardless of physical

form or characteristic; and

(t) "transitory record" means a

government record of temporary usefulness in any format or medium having no

ongoing value beyond a n immediate and minor

transaction or the preparation of a subsequent record.

Corporation

(1) There

is continued as a corporation The Rooms Corporation of Newfoundland

and Labrador .

(2) The corporation shall assume title to and

shall be vested with all of the rights, liabilities, assets and property of

(

a) The Rooms Corporation of Newfoundland and Labrador Inc. established

as a corporation under the Corporations

Act ;

(

b) the Provincial Archives of Newfoundland

and Labrador ; and

(

c) the Newfoundland

and Labrador Museum .

(3) The Corporations

Act shall not apply to the corporation.

Objects of corporation

4. The

objects of the corporation are to

(

a) collect, preserve, present, exhibit and make

available for research the historic artifacts, natural history specimens and

archival records that represent and illustrate the significant history, culture

and natural heritage of the province;

(

b) conduct research with respect to the history,

natural history, culture and heritage of the province for the purpose of paragraph

(a);

(

c) collect and present provincial, national and

international contemporary and historic art;

(

d) advance and promote the works of contemporary

visual artists of the province;

(

e) support the development of cultural industries

in the province;

(

f) strengthen the culture of the province;

(

g) develop and conduct programs and events that

represent and illustrate the significant history, culture and heritage of the

province; and

(

h) provide and enhance client services and

partnerships to promote the cultural collections of the province and to show

other national and international collections.

Status of corporation

(1) The

corporation is an agent of the Crown.

(2) Where property is acquired by the corporation,

it shall be acquired in the name of the corporation.

(3) Title to the property of the corporation shall

be held in the name of the corporation and shall be the property of the Crown.

Powers of corporation

(1) In

carrying out its objects under this Act, the corporation may

(

a) acquire by purchase or lease real, personal,

movable and immovable property, including securities and hold, manage or

dispose of them as the corporation may determine;

(

b) acquire by gift, bequest or devise real, personal,

movable and immovable property, including securities and expend, administer or

dispose of that property, subject to terms, if any, on which that property was

given, bequeathed or devised to the corporation;

(

c) enter into partnership, sponsorship and other

contractual agreements that further the objects of the corporation;

(

d) lease its property;

(

e) operate restaurants, special events, parking

facilities, shops and other facilities for the use of the public and lease or

considers appropriate, those facilities or space;

(

f) expend money appropriated by the Legislature

of the province for the corporation;

(

g) expend money received by the corporation from

its operations including money received by it from leasing or otherwise making available

facilities or space referred to in paragraph (e);

(

h) establish classes of membership for the

support of the corporation and for that purpose may establish fee, donation and

support amounts applicable to those classes;

(

i) charge fees for the purpose of the operation of

the facilities of the corporation; and

(

j) generally, do and authorize those things that

the corporation considers necessary for the attainment of its objects and the

exercise of the powers of the corporation.

(2) Property acquired by the corporation under

paragraphs (1)(

a) and (

b) shall be acquired or accepted subject to the advice

and direction of the chief executive officer.

(3) Unless otherwise demonstrated or agreed upon

between the owner of the archival record, artifact or specimen and the chief

executive officer, archival records, historic artifacts and natural history

specimens in the care and control of the corporation are the property of the

Crown.

(4) Notwithstanding paragraphs (1)(

a) and (b), the

corporation shall not acquire or sell real property without the prior consent,

in writing, of the minister.

(5) The corporation may conduct activities jointly

with the department and may enter into agreements with respect to the shared

funding of activities.

(6) The deputy minister of the department may

request that the corporation provide professional expertise and technical services

to the department and the corporation shall comply with that request.

(7) The corporation may apply for an order under

the Rules of the Supreme Court, 1986

for the recovery of records, historic artifacts, art or other property to which

the corporation is entitled.

Archaeological

objects and significant fossils

7. The

corporation shall be the official repository for the archaeological objects and

significant fossils as those terms are defined in the Historic Resources Act .

Archives, art

galleries and museums

(1) The

corporation shall operate and have the care and control of the archives, art

galleries and museums.

(2) The purpose of the archives is to

(

a) collect, catalogue, conserve, preserve, study

and exhibit archival records of significance to the province; and

(

b) enlighten and educate people respecting the

history of the province.

(3) The purpose of an art gallery is to

(

a) present and interpret art with a strong but

not exclusive focus on the province and to reflect the culture of the province;

(

b) research, present and interpret art in a

professional manner;

(

c) educate, publish and advocate with respect to

art;

(

d) exhibit the works of contemporary and historic

artists of the province, Canada

and elsewhere;

(

e) enter into lease and loan agreements for the

exhibition of art under the care and control of the corporation;

(

f) extend expertise in art to communities in the

province; and

(

g) expand access to art, especially art created

by artists of the province to audiences within and outside the province.

(4) The purpose of a museum is to

(

a) collect, catalogue, conserve, preserve, study

and exhibit historic artifacts and natural history specimens of significance to

the province; and

(

b) enlighten and educate people respecting the

history of the province.

Responsibilities

9. The

corporation shall

(

a) develop programs relating to archival records;

(

b) consult and co-operate with the person

referred to in subsection 5(3) of the Management

of Information Act to ensure the efficient implementation of information

management policies and procedures and the preservation of archival government

records;

(

c) make archival records available to the general

public where the corporation determines that the physical condition of those archival

records makes that availability feasible;

(

d) preserve archival records that the corporation

determines are of significance to the province;

(

e) discover, collect, manage and preserve archival

records having a bearing upon the history of the province including records

originating from private sources;

(

f) arrange and describe all archival records in

its care and control;

(

g) receive abandoned records determined by the

chief information officer to be abandoned records, and dispose of the records

in accordance with the Management of

Information Act ;

(

h) subject to the approval of the chief executive

officer, dispose of records as required and in accordance with record disposal

standards and recommendations of the committee established under

section 5.1 of

the Management of Information Act ;

(

i) acquire art;

(

j) make art under the care and control of the

corporation available to the public through exhibition in the province and by

loan or lease to other jurisdictions outside the province where the corporation

determines that the physical condition of the art makes that availability

feasible;

(

k) arrange for the exhibit of art created both in

and outside the province;

(

l) develop and maintain a collections policy and

procedures based upon national standards for the art under the care and control

of the corporation;

(

m) develop programs relating to museums;

(

n) make historic artifacts and natural history

specimens under the care and control of the corporation available to the general

public where the corporation determines that the physical condition of those

artifacts and specimens makes that availability feasible;

(

o) exhibit in the province historic artifacts and

natural history specimens;

(

p) acquire, discover, collect, manage and

preserve historic artifacts and natural history specimens having a bearing upon

the history of the province; and

(

q) operate within the budget allocated by the

board.

Chief executive

officer

(1) The

Lieutenant-Governor in Council shall appoint, after consultation with the

board, a chief executive officer of the corporation who shall hold office on

(2) The chief executive officer

(

a) is responsible for the human resources, general

direction, supervision and control of the finances and other business of the

corporation;

(

b) shall exercise the general management, regulation

and control of the archives, museum and art gallery;

(

c) shall consult with the public with respect to

the strategic plan and the ongoing activities and operations of the corporation;

(

d) shall, at the request of the board, attend

meetings of the board;

(

e) shall operate under the direction of the

board; and

(

f) has those other powers that may be conferred

on him or her under this Act.

(3) The chief executive officer may

(

a) subject to an agreement lend archival records,

art, historic artifacts and natural history specimens under the care and

control of the corporation;

(

b) subject to an agreement borrow archival

records, art, historic artifacts and natural history specimens from other

institutions and individuals both in and outside the province;

(

c) enter into custodial and other agreements for

the loan and lease of archival records, art, historic artifacts and natural

history specimens; and

(

d) enter into lease, loan and other agreements

for the exhibition of archival records, art, historic artifacts and natural

history specimens.

(4) Where the chief executive officer is absent or

unable to perform the duties of his or her office or that office is vacant, the

Lieutenant-Governor in Council in consultation with the chairperson may authorize

a person to act as chief executive officer until the chief executive officer

returns or is replaced.

Provincial

archivist

11. There

shall be a provincial archivist for the province who shall be appointed by the

chief executive officer and employed in the manner permitted by law.

Board

(1) The

board of directors of the corporation shall consist of the following members:

(

a) the deputy minister or an assistant deputy

minister of the department; and

(

b) no fewer than 10 persons appointed by the

Lieutenant-Governor in Council.

(2) The Lieutenant-Governor in Council shall

designate one member of the board to be the chairperson.

(3) The chairperson shall appoint a

vice-chairperson, treasurer and secretary from among the board members in

consultation with the board.

(4) During the incapacity or absence of the

chairperson or during a vacancy of the chairperson, the vice-chairperson has

and may exercise the powers of the chairperson and shall perform his or her duties.

(5) A member of the board appointed under

paragraph (1)(

b) shall hold office for 3 years and may be reappointed for a

second term of 3 years.

(6) Notwithstanding subsection (5), a member shall

continue as a member of the board until he or she is reappointed or replaced.

(7) Notwithstanding subsection (1), a vacancy on

the board does not impair the authority of the other members to conduct the affairs

of the board and of the corporation.

(8) Where a board member appointed under paragraph

(1)(b)

(

a) misses a number of meetings, as prescribed in

the by-laws, of the board; or

(

b) conducts himself or herself in a manner that

is contrary to the by-laws,

his or her position as a member of the

board may be declared to be vacant by a majority vote of the members of the

board and the Lieutenant-Governor in Council shall fill that position where the

absence of that director would bring the number of board members to fewer than

(9) A board member is not entitled to remuneration

for his or her services but may be reimbursed by the corporation for reasonable

expenses incurred in the performance of his or her duties in accordance with a

scale for expenses for public employees.

Board powers and

duties

(1) The

board has those powers and shall carry out those duties conferred or required

under this Act or another Act of the province and shall implement the policies,

systems and programs approved and directed by the minister and the Treasury

Board.

(2) The board has the general management of the

corporation and may exercise the powers of the corporation.

(3) The chairperson shall preside over all meetings

of the board but during his or her absence or vacancy from the office of chairperson,

the vice chairperson or another member elected by the board shall preside over

meetings and may exercise the powers of the chairperson at that meeting.

(4) The board may employ directors, managers,

staff and employees of the corporation in the manner permitted by law as is

considered necessary for the operations and purposes of the corporation in accordance

with the budget approved by the minister for the financial year in which the

chief executive officer, directors, managers, staff and other employees are

employed with the corporation.

(5) The board may appoint those committees

consisting of members of the board or other persons that the board considers necessary

for the management of the affairs of the corporation.

(6) The board may establish and administer a fund

for the purpose of supporting, preserving, acquiring and presenting collections

for the corporation and for the purpose of conducting programs and educating

the public with respect to cultural resources that are determined by the

corporation to be of significance to the province.

(7) The board may establish and incorporate a

foundation for charitable purposes.

(8) A corporation established by the board under

the authority of subsection (7) shall apply for charitable status under the Income

Tax Act ( Canada ).

By-laws

(1) The

board may, subject to the approval of the minister, make by-laws

(

a) for the regulation of its proceedings;

(

b) for the establishment of special and standing

committees of the board, the delegation to those committees of its duties and

the fixing of a quorum for meetings of those committees;

(

c) for the establishment of advisory committees

consisting of members of the board and persons other than those members; and

(

d) generally for the conduct and management of

its activities.

(2) Where the by-laws conflict with this Act, this

Act prevails.

Financial year

15. The

financial year of the corporation shall correspond with the financial year of

the government of the province.

Payments to corporation

16. The

Minister of Finance may, from money voted by the Legislature for the purpose,

make available and pay to the corporation funds for the proper carrying out of

its powers, functions and duties.

Short-term loans

(1) The

corporation may raise short-term loans

(

a) in the manner and form;

(

b) in the amounts;

(

c) in the currencies;

(

d) for a period not exceeding 2 years;

(

e) at the rates of interest, including interest

on overdue interest; and

(

f) on the conditions, including conditions

relating to discounts, premiums, charges and commissions,

that the corporation may determine.

(2) The total of short-term loans raised under

subsection (1) and outstanding shall not exceed a limit or a purpose to be

fixed by the Lieutenant-Governor in Council, and it is the duty of the minister

to ensure that this total or purpose is not exceeded.

(3) The Minister of Finance may unconditionally

guarantee the

(

a) repayment of a sum raised under subsection

(1);

(

b) payment of interest on a sum raised under

subsection (1), including interest on overdue interest; and

(

c) payment of a premium.

(4) The guarantees made under subsection (3) shall

not exceed a limit to be fixed by the Lieutenant-Governor in Council, and it is

the duty of the minister to ensure that this total is not exceeded.

(5) A guarantee given under this

section shall be

in the form that the Minister of Finance approves and shall be signed on behalf

of the province by the Minister of Finance.

(6) Notwithstanding paragraph (1)(d), the corporation

may, with the prior approval of the Lieutenant-Governor in Council, raise a

short-term loan under this

section for a period of more than 2 years.

Minutes to be

kept

18. The

members of the board shall ensure that regular minutes of the meetings of the

board are kept, and shall ensure that complete books of account and records are

kept.

Financial statements,

reports and other information

19. The

board shall provide to the minister the financial statements, reports and other

information that the minister may request.

Auditor

(1) The

corporation shall appoint the auditor general to audit the annual financial

statements of the corporation.

(2) For the purpose of an audit, examination or

investigation of the corporation conducted by the auditor general the

corporation shall, upon request,

(

a) deliver to the auditor general the financial

statements of the corporation;

(

b) make available to the auditor general all

working papers, reports, schedules and other documents required for the audit;

and

(

c) provide to the auditor general a full

explanation of work performed, tests and examinations made and the results obtained,

and other information the auditor general may require.

Head office

21. The

head office of the corporation shall be at St. Johns .

Public service

22. The

chief executive officer and employees of the corporation shall be considered to

be employed in the public service for the purposes of the Public Service Pensions Act, 1991 and the Public Service Collective Bargaining Act shall apply to employees

of the corporation.

Archival records

(1) The

corporation shall be the official repository for the archival records of public

bodies.

(2) Where it is not practical or feasible for the

corporation to store an archival record, the chief executive officer may

designate another site as the official repository for that archival record.

(3) Notwithstanding subsection (2), where a public

body produces, prints, publishes or releases a document for general or limited

distribution to the public, that public body shall deposit that document with

the Legislative Library of the House of Assembly.

(4) Where the Director of Information Management

for the House of Assembly considers a

(

a) document referred to in subsection (3); or

(

b) record,

that is deposited with the Legislative

Library to be a government record, that director shall ensure that the document

or record is transferred to the corporation.

(5) Where the provincial archivist has received a

government record that he or she is of the opinion is a document as described

in subsection (3), the provincial archivist shall transfer that document to the

Legislative Library of the House of Assembly.

Records access

24. Archival

records in the care and control of the corporation are available for public inspection

except where otherwise prohibited

(

a) under a law of the province;

(

b) by reason of the physical condition of the archival

record;

(

c) by order of the Lieutenant-Governor in

Council;

bequest or other gift; or

(

e) at the request, in writing, of the public body

that has given the archival records to the corporation.

Restriction

(1) A

public body that wishes to respond to a request under

section 11 of the Access to Information and Protection of

Privacy Act, 2015 with respect to a government record that it intends to transfer

to the corporation shall transfer that record to the corporation with instructions,

in writing, that all requests for access to that record be transferred to it in

accordance with

section 14 of the Access

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

Privacy Act, 2015 shall apply to that record as if it was still under the

care and control of that public body.

(2) Where, in accordance with subsection (1) , the corporation receives instructions

from a public body to restrict access to a government record, the corporation

shall comply with those instructions.

Copies

26. The

signature of the provincial archivist on a copy of a record is proof of the

fact that the record exists and is lawfully in the possession of the

corporation and a copy so signed is a true copy of the original record.

Destruction prohibited

(1) A

person shall not, except with the written consent of the provincial archivist

and the approval of the chief executive officer, the board and the minister,

remove, dispose of or destroy archival records.

(2) A person shall not, except with the written

consent of the chief executive officer and the approval of the board and the

minister, move, destroy, alter or interfere with, remove from the corporation

or agree to remove from the corporation, an historic artifact, natural history

specimen or art that is in the care and control of the corporation.

(3) Notwithstanding subsection (2), a person may

move and remove an historic artifact, natural history specimen or art in accordance

with a loan or lease agreement entered into by the chief executive officer in

the normal course of the operations of the corporation.

Offence

(1) A

person who contravenes a provision of this Act or a regulation made under this

Act, commits an offence and is liable on

summary conviction to a fine of not

less than $1,000 and not more than $50,000 and in default of payment to imprisonment

for a term of not fewer than 3 months and not more than 18 months or to both a

fine and imprisonment.

(2) In addition to a penalty imposed under

subsection (1), a Provincial Court

judge may make an order that

(

a) the offender convicted of an offence under

subsection (1) pay a fine equal to the judges estimated amount of monetary

benefit that accrued to the offender as a result of his or her offence;

(

b) the offender convicted of an offence under

subsection (1) pay a fine equal to the judges estimated amount necessary to

restore and repair an archival record, historic artifact, natural history

specimen or art damaged or altered during or as a consequence of the commission

of the offence; and

(

c) an archival record, historic artifact, natural

history specimen or art that is the subject of an offence be returned to the possession

of the corporation.

(3) Money paid into court as a result of an order

under subsection (2) shall be paid out of the court to the corporation.

Regulations

29. The

Lieutenant-Governor in Council may make regulations

(

a) respecting the operation and management of the

corporation;

(

b) respecting the establishment and administration

of a fund for the purposes of the corporation;

(

c) respecting the acquisition, lending and leasing

of archival records, art, historic artifacts and natural history specimens by

and of the corporation;

(

d) respecting the acquisition and holding of

property;

(

e) respecting the preservation and protection of

records, art, historic artifacts and natural history specimens of the corporation;

(

f) defining a word or phrase used but not defined

in this Act; and

(

g) generally, to give effect to the purpose of

this Act.

SNL2015 cA-1.2

Amdt.

30. (1) Paragraph 5(1)(

h) of the Access to Information and Protection of

Privacy Act, 2015 is repealed and the following substituted:

(

h) material placed in the custody of The Rooms

Corporation of Newfoundland and Labrador by or for a person other than a public body;

(2) Subsection 38(2) of the Act is repealed and

the following substituted:

(2) Subsection (1) does not apply where the information

is in a record that is in the custody or control of The Rooms Corporation of Newfoundland and Labrador

or the archives of a public body and that has been in existence for 50 years or

more.

(3) Paragraph 39(3)(

b) of the Act is repealed and

the following substituted:

(

b) the information is in a record that is in the

custody or control of The Rooms Corporation of Newfoundland

and Labrador or the archives of a public body

and that has been in existence for 50 years or more.

(4) Paragraph 68(1)(

m) of the Act is repealed and

the following substituted:

(

m) to The Rooms Corporation of Newfoundland

and Labrador , or the archives of a public

body, for archival purposes;

(5) Section 71 of the Act is repealed and the

following substituted:

Disclosure for archival

or historical purposes

71. The

Rooms Corporation of Newfoundland and Labrador , or the archives of a public body, may disclose

personal information for archival or historical purposes where

(

a) the disclosure would not be an unreasonable

invasion of a third partys personal privacy under

section 40;

(

b) the disclosure is for historical research and

is in accordance with

section 70;

(

c) the information is about an individual who has

been dead for 20 years or more; or

(

d) the information is in a record that has been

in existence for 50 years or more.

RSNL1990 cH-4

Amdt.

31. Paragraph 2(

i) of the Historic Resources Act is repealed and the following substituted:

(i) "museum" means a museum defined

under the Rooms Act, 2016 ;

SNL2016 cI-2.1

Amdt.

32. The

Schedule to the Independent Appointments Commission Act is amended by deleting the

statutory appointment reference " Rooms

Act , subsections 7(1) and 10(1)" and replacing it with the statutory

appointment reference " Rooms Act,

2016 , subsection 10(1) and paragraph 12(1)(b)".

SNL2005 cM-1.01

Amdt.

(1) Paragraphs

2(a.1) and (a.2) of the Management of

Information Act are repealed and the following substituted:

(a.1) "archives" means the archives as

defined under the Rooms Act, 2016 ;

(a.2) "cabinet record" means a record that

(

i) is advice, recommendations or policy

considerations submitted or prepared for submission to the Cabinet,

(ii) is draft legislation or regulations submitted

or prepared for submission to the Cabinet,

(iii) is a memorandum, the purpose of which is to

present proposals or recommendations to the Cabinet,

(iv) is a discussion paper, policy analysis, proposal,

advice or briefing material prepared for Cabinet, excluding the sections of

these records that are factual or background material,

(

v) is an agenda, minute or other record of

Cabinet recording deliberations or decisions of the Cabinet,

(vi) is used for or which reflects communications

or discussions among ministers on matters relating to the making of government

decisions or the formulation of government policy,

(vii) is created for or by a minister for the

purpose of briefing that minister on a matter for the Cabinet,

(viii) is created during the process of developing or

preparing a submission for the Cabinet, and

(ix) a portion of which contains information about

the contents of a record within a class of information referred to in

paragraphs (

i) to (viii);

(2) Subsection 5(3) of the Act is repealed and the

following substituted:

(3) A person appointed or employed under

subsection (2) to be responsible for information and record management shall

consult with The Rooms Corporation of Newfoundland

and Labrador to ensure the efficient

implementation of information management policies and procedures for the

preservation of archival government records.

(3) Paragraph 5.1(1)(

a) of the Act is repealed and

the following substituted:

(

a) the provincial archivist appointed under

section 11 of the Rooms Act, 2016 ;

(4) Subsection 5.4(2) of the Act is repealed and

the following substituted:

(2) The chief information officer may determine

that records are abandoned records and shall transfer the custody of those records

to The Rooms Corporation of Newfoundland and Labrador who shall dispose of the records in accordance

with this Act.

SNL1991 c15 Amdt.

34. Paragraph 29(

d) of the Provincial Court Act, 1991 is repealed and the following

substituted:

(

d) subject to the Rooms Act, 2016 , providing for the safekeeping, inspection and

destruction of books, documents and papers of the court;

RSNL1990 cS-26

Amdt.

35. Subsection 6(4) of the Statutes Act is repealed and the following substituted:

(4) After remaining in the safekeeping and custody

of the Clerk of the House of Assembly for a period of 40 years, the clerk shall

deposit the bound Bills referred to in subsection (3) with The Rooms

Corporation of Newfoundland and Labrador .

SNL2005 cR-15.1

Rep.

36. The Rooms

Act is repealed.

Commencement

37. This Act comes into force on a day to be

proclaimed by the Lieutenant-Governor in Council.

Queen's Printer