First

Session, 49th General Assembly

Elizabeth II, 2019

BILL 15

AN ACT TO AMEND THE

LIQUOR CORPORATION ACT

Received

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

Second

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

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

Third

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

Royal

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

HONOURABLE TOM

OSBORNE

Minister of Finance

and President of Treasury Board

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Liquor Corporation Act to

require that the Deputy

Minister of the Department of Finance and the president of the corporation be non-voting

members of the board of directors of the corporation;

require that the

Lieutenant-Governor in Council appoint not less than 5 and not more than 9

other members of the board of directors;

provide that a majority of the

members appointed by the Lieutenant-Governor in Council constitutes a quorum of

the board of directors;

allow members of the board of directors

to be reappointed;

provide that members of the

board of directors continue to serve until reappointed or replaced; and

clarify provisions respecting

the appointment of the president of the corporation.

A BILL

AN ACT TO AMEND THE LIQUOR CORPORATION ACT

Analysis

S.5 R&S

Board

S.5.1 Added

President

SNL2016 cI-2.1 Amdt.

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cL-19

as amended

Section 5 of the Liquor Corporation Act is repealed and the following substituted:

Board

(1) There

shall be a board of directors of the corporation consisting of

(

a) the president of the corporation, who shall be

a non-voting member;

(

b) the Deputy Minister of Finance or his or her

designate, who shall be a non-voting member; and

(

c) not less than 5 and not more than 9 members to

be appointed by the Lieutenant-Governor in Council.

(2) The board shall exercise and discharge the

powers and duties of

(

a) the corporation;

(

b) the board under the Liquor Control Act ;

and

(

c) the board under the Cannabis Control

Act .

(3) The Lieutenant-Governor in Council shall

designate one member of the board to be the chairperson.

(4) The Lieutenant-Governor in Council shall designate

one member of the board to be the vice-chairperson.

(5) A majority of the members of the board

appointed under paragraph (1)(

c) shall constitute a quorum.

(6) A member of the board appointed under

paragraph (1)(

c) holds office for a term of 3 years from the date of that

member's appointment, and is eligible for reappointment.

(7) Notwithstanding subsection (6), where the term

of office of a member of the board expires he or she continues to be a member

of the board until reappointed or replaced.

(8) The board may make by-laws

(

a) for the management of the property of the

corporation;

(

b) relating to the meetings of the board and procedures

of those meetings;

(

c) which govern the adjudication of matters under

the Liquor Control Act or the Cannabis Control Act ;

and

(

d) for the purpose of carrying out its duties or

purposes under this Act, the Liquor Control Act , the Cannabis

Control Act or a regulation made under those Acts.

2. The Act is amended by adding immediately after

section 5 the following:

President

5.1

(1) The

Lieutenant-Governor in Council shall appoint a person to be the president of

the corporation.

(2) The president shall be the chief executive

officer of the corporation and shall perform those duties and responsibilities

assigned by the board.

(3) The president holds office during pleasure.

(4) The president is subject to the Public

Service Pensions Act, 1991 .

SNL2016 cI-2.1

Amdt.

3. The

Schedule to the Independent

Appointments Commission Act is amended by deleting the statutory

appointment reference " Liquor

Corporation Act , subsections 5(1) and (2)" and substituting the

statutory appointment reference " Liquor Corporation Act, paragraph

5(1)(

c) and subsection 5.1(1)".

Queen's Printer