Second

Session, 50th General Assembly

Charles III, 2023

BILL 60

AN ACT TO AMEND THE

HOUSE OF ASSEMBLY ACCOUNTABILITY, INTEGRITY AND ADMINISTRATION ACT

Received

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

Second

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

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

Third

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

Royal

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

HONOURABLE JOHN

HOGAN, KC

Government House

Leader

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the House of Assembly Accountability, Integrity

and Administration Act to

confirm organizational changes

in the House of Assembly service;

authorize the Speaker, with the

approval of the Management Commission, to delegate the authority of the Clerk

in certain circumstances;

allow audit committee members

to designate an acting chair from among its membership where the position of

chair is vacant or the chair is unable to act; and

incorporate gender-neutral

language.

A BILL

AN ACT TO AMEND THE HOUSE OF ASSEMBLY

ACCOUNTABILITY, INTEGRITY AND ADMINISTRATION ACT

Analysis

S.5 Amdt.

Oath or affirmation of member

S.7 Amdt.

House officers

S.8 Amdt.

Oath of clerk

S.9 Rep.

Oath of clerk assistant

S.10 R&S

Inability

of clerk to act

S.11 Amdt.

Salaries, expenses, severance and pensions

S.12 Amdt.

Other remuneration

S.13 Amdt.

Time at duties

S.14 Amdt.

Commencement and termination dates

S.15.1 Amdt.

Automobile use reimbursement

S.16 Amdt.

Inquiry re: members' compensation

S.18 Amdt.

House of Assembly Management Commission

S.21 Amdt.

Individual duties of commission members

S.22 Amdt.

Orientation and training

S.23 Amdt.

Audit committee

S.24 Amdt.

Advance rulings on allowance use

S.25 Amdt.

House of Assembly service

S.28 Amdt.

Clerk

S.29 Amdt.

Financial administration of allowances and expenses

S.31 Amdt.

Clerk to account to Public Accounts Committee

S.34 Amdt.

Suspension of employees

S.36 Amdt.

Request for opinion

S.37 Amdt.

Inquiry

S.38 Amdt.

Report

S.39 Amdt.

Penalties

S.42 Amdt.

Examination of member

S.42.2 Amdt.

Harrassment

S.42.4 Amdt.

Report

S.43 Amdt.

Audit

S.45 Amdt.

Improper retention of public money

S.52 Amdt.

Review of allowance use

S.53 Amdt.

Enforcement

of duties

S.54 Amdt.

Interpretation

S.55 Amdt.

Disclosure of wrongdoing

S.58 Amdt.

Investigation

S.59 Amdt.

No reprisal

S.60 Amdt.

Misleading statements and obstruction

S.62 Amdt.

Legal advice

RSNL1990 cP-43 Amdt.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2007 cH-10.1

as amended

Section 5 of the House of Assembly Accountability, Integrity and Administration Act

is amended by

(

a) deleting the words "being permitted to

take his or her place" and substituting the words "a member is

permitted to take the member's place"; and

(

b) deleting the words "Her Majesty Queen

Elizabeth the Second, her heirs" and substituting the words "His

Majesty King Charles the Third, his heirs".

2. (1) Paragraph 7(1)(

b) of the Act is repealed.

(2) Paragraph 7(1)(

c) of the Act is repealed and

the following substituted:

(

c) the Law Clerk and Parliamentary Counsel; and

3. Subsection 8(2) of the Act is amended by deleting

the words "Her Majesty the Queen" and substituting the words

"His Majesty the King".

Section 9 of the Act is repealed.

Section 10 of the Act is repealed and the

following substituted:

Inability of

clerk to act

(1) Whenever the clerk is absent or unable to act, or the

office of clerk is vacant and an acting clerk has not been appointed under

subsection 7(3),

(

a) the chief financial

officer shall perform the duties of the clerk as accounting officer; and

(

b) the speaker, following consultation with the commission,

shall designate a principal clerk, the law clerk and parliamentary counsel or

the chief financial officer to exercise the administrative powers of the clerk

and be secretary to the commission and chief parliamentary advisor to the

speaker.

(2) Where the speaker assigns duties to the chief

financial officer under both paragraphs (1)(

a) and (b), the chief financial

officer shall exercise those duties concurrently.

6. Subsection 11(2) of the Act is repealed and the

following substituted:

(2) A member is

entitled, subject to those conditions and limitations that may be prescribed by

rules of the commission, to be reimbursed or have payment made on the member's

behalf for reasonable and legitimate expenses incurred by the member in

carrying out duties as a member.

7. Subsection 12(5) of the Act is amended by

(

a) deleting the words "his or her" and

substituting the word "the"; and

(

b) deleting the words "he or she" and

substituting the words "the member".

Section 13 of the Act is amended by deleting

the words "his or her" wherever they appear and substituting the

words "the member's".

9. (1) Subsection 14(1) of the Act is repealed and

the following substituted:

Commencement and

termination dates

(1) For the purpose of entitlement to the payments

provided for in subsections 11 (1), (2) and

(4), a person is a member from the date of the person's election until the

member's seat is vacated or until the day immediately before the date of the

next following election, whichever first occurs.

(2) Subsection 14(2) of the Act is amended by

deleting the words "his or her" and substituting the words "the

member's".

10. Subsection 15.1(3) of the Act is amended by

(

a) deleting the words "his or her" and

substituting the word "their"; and

(

b) deleting the words "he or she is"

and substituting the words "they are".

11. Subsection 16(6) of the Act is amended by

deleting the words "his or her" and substituting the words "the

member's".

12. (1) Subsection 18(2) of the Act is amended by

deleting the words "his or her" and substituting the words "the

speaker's".

(2) Subsection 18(3) of the Act is amended by

deleting the words "his or her" and substituting the words "the

speaker's".

(3) Subsection 18(10) of the Act is repealed.

13. (1) Subsection 21(1) of the Act is amended by

deleting the words "his or her" wherever they appear and substituting

the words "the member's".

(2) Subsection 21(2) of the Act is amended by

deleting the words "he or she" and substituting the words "the

member".

(3) Paragraph 21(3)(

b) of the Act is amended by

deleting the words "his or her" and substituting the words "the

member's".

14. Subsection 22(2) of the Act is amended by

deleting the words "his or her" wherever they appear and substituting

the words "the member's".

(1) Section 23 of the Act is amended by adding

immediately after subsection (3) the following:

(3.1) Whenever the chair is absent or unable to act,

or the position of chair is vacant, the audit committee may designate an acting

chair from among its members.

(2) Subsection 23(5) of the Act is repealed and

the following substituted:

(5) The law clerk and parliamentary counsel shall

act as secretary to the audit committee.

(3) Section 23 of the Act is amended by adding immediately

after subsection (5) the following:

(5.1) Notwithstanding subsection (5), where the law

clerk and parliamentary counsel has been designated under paragraph 10(1)(b),

the speaker, following consultation with the commission, shall designate a principal

clerk as secretary to the audit committee.

(4) Paragraph 23(7)(

l) of the Act is amended by

deleting the words "his or her" and substituting the words "the

clerk's".

16. Subsection 24(1) of the Act is amended by

deleting the words "he or she" and substituting the words "the

member".

17. (1) Paragraph 25(1)(

c) of the Act is amended by

adding immediately after the words "law clerk" the words "and

parliamentary counsel".

(2) Subsection 25(3) of the Act is amended by

adding immediately after the words "law clerk" the words "and

parliamentary counsel".

18. (1) Subsection 28(2) of the Act is amended by deleting

the words "his or her capacity" and substituting the words "the

clerk's capacity".

(2) Paragraph 28(2)(

b) of the Act is repealed and

the following substituted:

(

b) directing and

coordinating the provision of procedural services by the sergeant-at-arms and

other officers of the House of Assembly;

(3) Paragraph 28(2)(

d) of the Act is amended by

deleting the words "his or her" and substituting the words "the

speaker's".

(4) Subsection 28(3) of the Act is amended by deleting

the words "his or her capacity" and substituting the words "the

clerk's capacity".

(5) Paragraph 28(3)(

j) of the Act is amended by

deleting the words "his or her" and substituting the words "the

clerk's".

Section 29 of the Act is amended by deleting

the words "he or she" wherever they appear and substituting the words

"the clerk".

Section 31 of the Act is amended by

(

a) deleting the words "him or her"

wherever they appear and substituting the words "the clerk"; and

(

b) deleting the words "his or her" and

substituting the words "the clerk's".

21. Subsection 34(2) of the Act is amended by

deleting the words "his or her".

Section 36 of the Act is amended by deleting

the words "his or her" wherever they appear and substituting the

words "the commissioner's".

Section 37 of the Act is amended by

(

a) deleting the words "he or she"

wherever they appear and substituting the words "the commissioner";

(

b) deleting the words "him or her" and

substituting the words "the commissioner"; and

(

c) deleting the words "his or her" and

substituting the words "the commissioner's".

24. Subsection 38(1) of the Act is amended by

(

a) deleting the words "he or she" and substituting

the words "the commissioner"; and

(

b) deleting the words "his or her" and

substituting the words "the commissioner's".

Section 39 of the Act is amended by deleting

the words "he or she" and substituting the words "the

commissioner".

Section 42 of the Act is amended by deleting

the words "he or she" wherever they appear and substituting the words

"the commissioner".

(1) Subsection 42.2(2) of the Act is amended by

deleting the words "his or her" and substituting the words "the citizens'

representative's".

(2) Subsection 42.2(3) of the Act is amended by

deleting the words "his or her" and substituting the words "the

commissioner's".

Section 42.4 of the Act is amended by deleting

the words "his or her" and substituting the words "the citizens'

representative's".

29. (1) Subsection 43(7) of the Act is amended by deleting

the words "his or her" and substituting the words "the auditor

general's".

(2) Paragraph 43(8)(

a) of the Act is amended by deleting

the words "his or her" and substituting the words "the

auditor's".

30. (1) Subsection 45(1) of the Act is amended by

deleting the words and comma ", the clerk assistant".

(2) Subsection 45(2) of the Act is amended by

deleting the words "his or her" and substituting the words "the

auditor general's".

(3) Paragraph 45(4)(

a) of the Act is amended by

deleting the words "his or her" and substituting the words "the

auditor general's".

(4) Subsection 45(7) of the Act is repealed and

the following substituted:

(7) Section 20 of the Auditor General Act, 2021 does not apply to a member, the clerk or

staff of the House of Assembly service and the statutory offices.

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

(

a) deleting the words "his or her own

initiative" and substituting the words "the clerk's own

initiative"; and

(

b) deleting the words "his or her

capacity" and substituting the words "the speaker's capacity".

(2) Subsection 52(4) of the Act is amended by

(

a) deleting the words "his or her" and

substituting the words "the member's"; and

(

b) deleting the words "he or she" and

substituting the words "the member".

(3) Subsection 52(5) of the Act is amended by

deleting the words "he or she" and substituting the words "the

commissioner".

(4) Subsection 52(7) of the Act is amended by

deleting the words "he or she" and substituting the words "the

member".

(5) Subsection 52(10) of the Act is amended by

deleting the words "he or she" and substituting the words "the

speaker".

32. (1) Subsection 53(1) of the Act is repealed and

the following substituted:

Enforcement of

duties

(1) Where a person believes in good faith that a member, the

speaker, deputy speaker, clerk, member of the House of Assembly service or the

commission is failing to observe or comply with a duty imposed under this Act,

the person may begin a proceeding in the Supreme Court by way of originating

application seeking a mandatory order that the duty be complied with, together

with consequential or declaratory relief.

(2) Subsection 53(2) of the Act is amended by

deleting the words "he or she" and substituting the words "the

claimant".

(3) Subsection 53(3) of the Act is amended by

deleting the words "he or she" and substituting the words "the

person".

33. Paragraph 54(1)(

d) of the Act is amended by

(

a) deleting the words "he or she" and

substituting the words "the employee"; and

(

b) deleting the words "his or her" and

substituting the words "the employee's".

34. Subsection 55(1) of the Act is amended by

(

a) deleting the words "he or she" and

substituting the words "the employee or member; and

(

b) deleting the words "his or her" and

substituting the words "the employee's or member's".

35. (1) Subsection 58(5) of the Act is amended by

deleting the words "he or she" and substituting the words "the

investigator".

(2) Subsection 58(6) of the Act is amended by

deleting the words "he or she" and substituting the words "the

investigator".

(3) Subsection 58(7) of the Act is amended by

deleting the words "his or her" and substituting the words "the

investigator's".

36. (1) Paragraph 59(1)(

a) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employee's".

(2) Subsection 59(2) of the Act is amended by

deleting the words "him or her" and substituting the words "the

employee or former employee".

37. Subsection 60(2) of the Act is amended by

deleting the words "his or her" and substituting the words "either

of their".

Section 62 of the Act is amended by deleting

the words "he or she" and substituting the words " the supervisor, speaker, clerk or investigator".

RSNL1990 cP-43 Amdt.

39. Subparagraph 4(1)(a)(

i) of the Public Service Commission Act is

repealed and the following substituted:

(

i) the Clerk, Law Clerk and Parliamentary Counsel

and Sergeant-at-Arms of the House of Assembly,

Commencement

40. This Act is considered to have come into force

on July 20, 2023.

King's Printer