Second

Session, 45th General Assembly

Elizabeth II, 2005

BILL 42

AN ACT TO AMEND THE

PIPPY PARK COMMISSION ACT

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

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

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

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

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

HONOURABLE

LOYOLA SULLIVAN

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 Pippy Park

Commission Act to allow the C.A. Pippy Park

Commission to borrow funds and to incorporate segments of its business

operations, with the approval of the Lieutenant-Governor in Council.

The Bill would amend the Act to allow

the commission to appoint enforcement officers to enforce the Act and

regulations made by the commission.

The Bill would introduce housekeeping

changes to the Act to provide greater efficiency in the administration of the

Act.

A BILL

AN ACT TO AMEND THE PIPPY PARK COMMISSION

ACT

Analysis

S.2 Amdt .

Definitions

S.5 Amdt .

Chairperson

S.8 Amdt .

Chairperson to preside

S.9 Amdt .

Use of seal

5. S.10 Amdt .

Status of commission

S.16 Amdt .

Budget to be submitted

S.17 R&S

Approval of budget

Ss.18 & 19 R&S

18. Revised budget

19. Commission limited to

budget

Ss.20 & 21 Rep.

20. Annual report

21. Financial statement

10. S.22 Rep.

Minutes to be kept

S.25 Amdt .

Powers of commission

S.26 R&S

Exercise of powers

S.26.1 Added

Master plan

S.27 R&S

Power to make regulations

S.28 Amdt .

Chairperson to be chief executive officer

Ss.29 & 30 Rep.

29. Appointment of

advisors

30. Control area

S.31 R&S

Approval of improvements

Ss.32 & 33 R&S

32. Approval refused

33. Restriction on

improvements

S.34 R&S

Restriction on construction of a building

Ss.35 & 36 Rep.

35. Reconsideration of

plans

36. Approval by

commission

S.38 Amdt .

Remedies

S.40 Rep.

Submission of plans

S.44 Amdt .

Schedule of rates

S.46 Rep.

Submission of plan

S.48 R&S

Service facility on commission land

S.50 R&S

Service maintenance on commission land

S.51 Amdt .

Control by commission

S.52 Amdt .

Amount of expenses

S.54 R&S

Acquisition of land

Ss.54.1 & 54.2 Added

54.1 Right of first

refusal

54.2 Disposal of land by

commission

Ss.56 to 59 Rep.

56. Restriction on disposal

of commission land

57. Acquisition of land

58. Sale of lands by

commission

Interpretation

of total

cost

S.61 Rep .

Payments by participating parties

S.64 R&S

Exemption of members, officers and employees of commission from liability

S.65 Rep.

Master plan

S.66 R&S

Fire protection and law enforcement

Ss.66.1 & 66.2 Added

66.1 Powers and

protection

of enforcement officers

66.2 Penalties

S.68 Rep.

Review of master plan

S.69 Amdt .

Evidence of resolution

S.71 Amdt .

Act prevails

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cP-15

as amended

(1) Paragraphs 2(

i) and (

j) of the Pippy Park Commission Act are repealed.

(2) Paragraph 2(

n) of the Act is repealed and the

following substituted:

(n) "improvement" means a building,

structure or service facility constructed within the C.A. Pippy

Park or a landscape construction within the C.A. Pippy

Park, or an alteration or addition, the total value of which exceeds $1,000 in

a period of 12 months, but does not include the ordinary care, maintenance and

repair of a building, structure or service facility or of landscape

construction;

(3) Paragraph 2(

p) of the Act is repealed.

(4) Paragraph 2(

t) of the Act is repealed and the

following substituted:

(t) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(5) Paragraph 2(

w) of the Act is repealed.

(6) Section 2 of the Act is amended by striking

out the word "and" at the end of paragraph ( dd ),

by striking out the period at the end of paragraph ( ee )

and substituting a semi-colon and the word "and" and by adding

immediately after paragraph ( ee ) the following:

(ff) "vehicle" means all motorized

vehicles designed and constructed for travel on or immediately over land,

water, snow, ice, marsh, swampland, and other natural terrain, including

four-wheel drive or low-pressure-tire vehicles, low-pressure-tire motorcycles

and related two-wheel vehicles, snowmobiles, amphibious machines, ground effect

or air-cushioned vehicles.

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

3. Subsection 8(1) of the Act is repealed and the

following substituted:

Chairperson to

preside

(1) The

chairperson is the official head of the commission and shall

(

a) preside over meetings of the commission;

(

b) oversee generally the carrying out of the

policies of the commission;

(

c) keep regular minutes of the meetings of the

commission and ensure that full and complete books of account and records are

kept; and

(

d) have those other powers that may be conferred

on him or her by the internal rules of the commission established under

paragraph 25(p.1).

4. Subsection 9(1) of the Act is amended by

striking out the words "the person acting as secretary of the

commission" and substituting the words "one other member of the

commission".

5. Subsection 10(2) of the Act is repealed.

Section 16 of the Act is amended by striking

out the words "sums required during" and substituting the words

"revenues and expenditures for".

Section 17 of the Act is repealed and the

following substituted:

Approval of

budget

17. The

minister may approve, disapprove, revise or place conditions upon the budget

submitted by the commission under

section 16.

8. Sections 18 and 19 of the Act are repealed and

the following substituted:

Revised budget

(1) Where

in a financial year it appears that the actual revenue or expenditures of the

commission are likely to be substantially greater or less than estimated in the

budget approved by the minister under

section 17, the commission shall submit

to the minister a revised budget.

(2) The minister may approve, disapprove, revise

or place conditions upon the revised budget or a portion submitted by the

commission.

(3) The commission shall not become liable for an

expenditure or indebtedness beyond or in excess of the amount of expenditure

set out in a budget approved by the minister under

section 17 or a revised

budget approved by the minister under subsection (2).

9. Sections 20 and 21 of the Act are repealed.

Section 22 of the Act is repealed.

(1) Paragraphs 25(

a) and (

b) of the Act are

repealed and the following substituted:

(

a) subject to the approval of the

Lieutenant-Governor in Council, to borrow money from financial institutions in

support of its business activities;

(

b) subject to the approval of the

Lieutenant-Governor in Council, to

(

i) incorporate

segments of its business and commercial activities, and

(ii) establish foundations in order to improve its

operational efficiencies;

(2) Paragraphs 25(

g) and (

h) of the Act are

repealed.

(3) Paragraph 25(

j) of the Act is amended by

adding the word "and" at the end of subparagraph ( i ),

by striking out the comma and the word "and" at the end of

subparagraph (ii) and substituting a semi-colon; and by repealing subparagraph

(iii).

(4) Paragraph 25(

l) of the Act is repealed and the

following substituted:

(

l) to invest for its benefit those sums of money

belonging to it and available for investment in investments authorized under

section

15 of the Financial Administration Act ;

(5) Section 25 of the Act is amended by striking

out the word "and" at the end of paragraph (

p) and adding immediately

after that paragraph the following:

(p.1) to establish rules for its internal governance,

including its proceedings and the calling and conduct of its meetings;

(p.2) to fix fees, including fees payable in

relation to an approval of an improvement granted under

section 31, and to

establish rates under

section 44; and

Section 26 of the Act is repealed and the

following substituted:

Exercise of

powers

(1) The

commission shall exercise its powers under

section 25 by resolution.

(2) A resolution of the commission may be passed

at a meeting of the members of the commission or in another manner prescribed

by the rules of the commission.

(3) A resolution shall require the approval of a

majority of members of the quorum as established under subsection 5(5).

13. The Act is amended by adding immediately after

section 26 the following:

Master plan

26.1

(1) The

commission shall prepare a master plan.

(2) The commission shall review the master plan at

least once every 5 years.

(3) A participating party may propose to the

commission that the master plan be implemented, elaborated or amended.

(4) The commission may by resolution recommend to

the Lieutenant-Governor in Council the master plan and, after consultation as

it considers appropriate, an amendment to the master plan.

(5) The Lieutenant-Governor in Council may, upon

the recommendation of the commission under subsection (4), approve the master

plan and an amendment to the master plan.

Section 27 of the Act is repealed and the

following substituted:

Power to make

regulations

(1) The

commission, with the approval of the Lieutenant-Governor in Council and without

prejudice to the rights and powers conferred on the commission under

section

25, may make regulations

(

a) regulating the use of land and the

construction or alteration of an improvement on that land, consistent with the

master plan;

(

b) notwithstanding the Highway Traffic Act , controlling traffic, including the regulation

of speed and the parking of vehicles;

(

c) prohibiting or regulating boating;

(

d) authorizing police, peace officers, including

enforcement officers appointed by the commission, or a person designated in

writing by the chairperson of the commission to

(

i) remove

a vehicle or boat that is placed, left or kept in C.A. Pippy Park in contravention of this Act or a regulation,

(ii) impound or store the

vehicle or boat, and

(iii) release it to the owner upon payment of the

cost of removal and impounding or storage within a period of 30 days after the

day of removal of the vehicle or boat or within the extended period that may be

specified in the regulation,

and providing for the recovery of the cost

from the owner of the vehicle or boat, by action in a court or by sale of the

vehicle or boat at public auction or by private sale, or by both, where that

cost has not been paid within the specified period;

(

e) for the protection of animal, bird and plant

life;

(

f) subject to the Fire Prevention Act , 1991 ,

for fire protection and the prevention and extinguishment of fires;

(

g) respecting the provisions of a service

facility, consistent with the master plan;

(

h) regulating, restricting or prohibiting a

trade, commercial enterprise, amusement, occupation or other activity or

undertaking, determining the place where the activity or undertaking may or may

not be carried on, providing for the licensing of a person carrying on the

activity or undertaking and prescribing a licence fee;

(

i) regulating,

restricting or prohibiting sports, games, swimming, picnicking, camping or

other recreational activities, except those that are a part of university

activities;

(

j) for the preservation of the public health and

the prevention of the spread of disease;

(

k) prohibiting the making of unnecessary noise;

(

l) prohibiting the keeping, or controlling the

use or manner of keeping, of horses, dogs and other animals;

(

m) subject to the Environmental Protection Act and the Water Resources Act , for dealing with controlling the use of,

preventing the pollution or contamination of or other injury to, the waters of

a well, lake, stream, river, pond or other body of water;

(

n) for the protection, care and preservation of

property;

(

o) with respect to the conduct, functions and

duties of its employees;

(

p) for preventing nuisances and compelling the

abatement of nuisances; and

(

q) generally with respect to the effective

exercise of its powers, functions and duties and the management of its affairs

under this Act.

(2) Acts, regulations and by-laws and other laws

applicable in respect of C.A. Pippy Park, whenever

enacted, shall continue to be applicable in respect of C.A. Pippy

Park except to the extent that they are superseded by or in conflict with this

Act or regulations made under this Act, in which event this Act and the

regulations made under this Act shall prevail.

15. (1) Subsections 28(3) and (4) of the Act are

amended by striking out the words and number "or in

section 30"

wherever they occur.

(2) Subsection 28(5) of the Act is amended by

striking out the words and number "or

section 30".

16. Sections 29 and 30 of the Act are repealed.

Section 31 of the Act is repealed and the

following substituted:

Approval of

improvements

31. An

improvement, except an improvement pertaining solely to the interior of a

building, shall not be started or made by a person or a participating party, on

land within C.A. Pippy Park without making an

application to, and receiving the approval of, the commission for the

improvement.

18. Sections 32 and 33 of the Act are repealed.

Section 34 of the Act is repealed and the

following substituted:

Restriction on

construction of a building

(1) An

approval of the construction of a building shall not be given under

section 31

unless the person or participating party requesting approval of the proposed

building submits plans, elevations, specifications and models relating to the

exterior of the proposed building that the commission may require.

(2) The commission may waive the requirements of

subsection (1) where, in its opinion, the value of the proposed building will

be less than $5,000.

(3) The commission shall give its approval where,

after the submission of plans, elevations, specifications and models under

subsection (1), it is satisfied that the plans respecting the proposed building

are consistent with the master plan.

20. Sections 35 and 36 of the Act are repealed.

Section 38 of the Act is amended by striking

out the word "by-law" and substituting the word

"regulation".

Section 40 of the Act is repealed.

23. (1) Subsection 44(1) of the Act is amended by

adding immediately after the words "landscape maintenance" the words

"and service maintenance".

(2) Subsection 44(2) of the Act is repealed and

the following substituted:

(2) The

schedule of rates established under

subsection (1) shall be set in a manner and in accordance with a method

determined by the commission, subject to the approval of Treasury Board.

(3) Subsection 44(3) of the Act is repealed.

Section 46 of the Act is repealed.

Section 48 of the Act is repealed and the

following substituted:

Service facility

on commission land

48. Except

as otherwise provided in an agreement under paragraph 25(

o) or

section 63, a

service facility required on commission land shall be constructed by or for,

and at the expense of, the commission.

Section 50 of the Act is repealed and the

following substituted:

Service

maintenance on commission land

50. Except

as otherwise provided in an agreement under paragraph 25(

o) or

section 63,

service maintenance required on commission land shall be performed by and at the

expense of the commission.

Section 51 of the Act is amended by striking

out the citation "27(3)" and substituting the citation

"27(2)".

28. Subsection 52(1) of the Act is amended by

striking out the comma immediately following the word "resolution"

and by striking out the words "but a resolution shall not have effect

unless it has been passed with the approval of at least 6 members of the

commission".

Section 54 of the Act is repealed and the

following substituted:

Acquisition of

land

(1) A

person or participating party may not acquire land or an interest in land

within C.A. Pippy Park except with the written approval of the commission.

(2) Subsection (1) does not apply to the

acquisition of land or an interest in land under

Part III of the Works, Services and Transportation Act .

30. The Act is amended by adding immediately after

section 54 the following:

Right of first

refusal

54.1

(1) Where

a person or a participating party intends to sell land within C.A. Pippy Park, that person or participating party shall first

send to the commission by registered mail an offer to sell and the commission

shall have 90 days from receipt of the offer to accept the offer of sale or to

recommend the expropriation of the land by the Crown.

(2) Where the commission does not accept the offer

of sale or recommend expropriation within 90 days from receipt of the offer of

sale, the offer of sale shall be considered to have been rejected by the

commission and the land may be sold to another person or participating party.

(3) The purposes of this Act are considered to be

purposes for which land may be expropriated under the Expropriation Act .

Disposition of

land by the commission

54.2

(1) The

commission shall not sell commission land to a person other than a

participating party without the written consent of each participating party.

(2) Commission land shall be sold at a price to be

determined by the commission.

31. Sections 56, 57, 58 and 59 of the Act are

repealed.

Section 61 of the Act is repealed.

Section 64 of the Act is repealed and the

following substituted:

Exemption of

members, officers and employees of commission from liability

64. A

member, officer or employee of the commission, including an enforcement officer

appointed under subsection 66(2), when acting upon the instructions of the

commission or under the authority of this Act or a regulation made under this

Act, shall not be personally liable for a loss or damage suffered by a person

or participating party because of anything done in good faith or omitted to be

done under the authority of this Act.

Section 65 of the Act is repealed.

Section 66 of the Act is repealed and the

following substituted:

Fire protection

and law enforcement

(1) Fire

protection and law enforcement in the C.A. Pippy Park shall be provided by the government of the province.

(2) Notwithstanding subsection (1), the commission

may appoint enforcement officers to carry out the provisions of this Act and

the regulations made under this Act.

(3) Enforcement officers appointed under

subsection (2) shall be engaged at the expense of the commission and shall hold

office during the pleasure of the commission.

(4) An enforcement officer appointed under

subsection (2) shall be supplied by the commission with an identification card

and shall, before entering upon his or her duties, take and sign an oath of

office in the following form:

"I,

of in the Province of

Newfoundland and Labrador, do solemnly swear (affirm) that I will faithfully,

honestly, impartially and to the best of my ability, fulfil, execute and

perform the duties required of me as an enforcement officer and will well and

truly obey and perform all lawful orders and instructions that I receive from

the commission, without fear, favour or affection of or towards a person."

(Where an oath is taken, add "So help me God".)

(5) The oaths or affirmations required under

subsection (4) may be taken and signed before a judge of the Trial Division and

shall be retained by the commission as part of its records.

(6) The commission may make those charges against

a participating party that it considers reasonable, in respect of services

performed by enforcement officers appointed under subsection (2), and a

participating party against whom a charge has been made shall pay the amount to

the commission.

(7) Nothing in this

section affects the power of

the province or the Minister of Justice of the province to provide for the

performance of police duties within the C.A. Pippy Park by members of the Royal Newfoundland Constabulary or the Royal

Canadian Mounted Police.

36. The Act is amended by adding immediately after

section 66 the following:

Powers and

protection of enforcement officers

66.1 An

enforcement officer appointed under subsection 66(2) has the powers of a peace

officer to enforce this Act and the regulations and when performing his or her

duties is entitled to the protection to which a peace officer is entitled under

the Criminal Code .

Penalties

66.2 A

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

(

a) may be expelled from public land by the

commission, by an enforcement officer appointed under subsection 66(2) or by a

member of the Royal Newfoundland Constabulary;

(

b) is guilty of an offence and liable on

summary

conviction to a fine not exceeding $300 or to imprisonment for a term not

exceeding 10 days or to both a fine and imprisonment; and

(

c) in addition to a fine

or term of imprisonment as set out in paragraph (b), is liable to pay the

compensation that a Provincial

Court judge may order for

damage caused by that person in contravening this Act or regulation.

Section 68 of the Act is repealed.

Section 69 of the Act is amended by striking

out the word "by-law" wherever it occurs and substituting the word

"regulation".

Section 71 of the Act is amended by striking

out the word "by-law" wherever it occurs and substituting the word

"regulation".

Commencement

Section 9 of this Act comes into force on the

same day the Transparency and

Accountability Act comes into force.

Earl G. Tucker, Queen's Printer