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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Kings Landing Corporation Act
 
Legislature :
55
Session :
3
Bill No. :
22
Member :
Hon. MacAlpine-Stiles
First Reading :
2005-12-13
Second Reading :
2005-12-14
Committee of the Whole :
2006-6-20
Amended :
Third Reading :
2006-6-21
Royal Assent :
2006-6-22
Download PDF :
  Bill 22         
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Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           Section 1 of the French version of the Kings Landing Corporation Act, chapter K-1 of the Revised Statutes, 1973, is amended by repealing the definition « Ministre » and substituting the following:



« ministre » désigne le ministre du Tourisme et des Parcs;



2                           Section 2 of the Act is amended by striking out "consisting of a Board of Directors with a Chairman and not more than six other directors" and substituting "consisting of a Board of Directors with a Chair, a Vice-Chair and not more than 10 other directors".



3                           Section 3 of the Act is repealed and the following is substituted:



3(1)                   The directors shall be appointed by the Lieutenant-Governor in Council on the recommendation of the Minister.



3(2)                   Each director shall be appointed for a term not exceeding 3 years and is eligible for reappointment.



3(3)                   The appointment of a director may be revoked for cause by the Lieutenant-Governor in Council.



3(4)                   Notwithstanding subsection (2) but subject to subsection (3), a director shall remain in office until the director resigns or is reappointed or replaced.



3(5)                   Where a vacancy occurs on the Board, the Lieutenant-Governor in Council, on the recommendation of the Minister, may appoint a person to fill the vacancy for the balance of the term of the director replaced.



3(6)                   The Minister may consider for recommendation under subsection (1) or (5) the candidates from a list proposed by the nominating committee established under section 3.1.



3(7)                   A vacancy on the Board does not affect the power of the Board to act.



3(8)                   The Lieutenant-Governor in Council, on the recommendation of the Minister, shall appoint from among the directors a Chair and a Vice-Chair each of whom shall hold office for the term fixed by the Lieutenant-Governor in Council.



3(9)                   A majority of the directors, of whom one is either the Chair or the Vice-Chair, constitutes a quorum.



4                           The Act is amended by adding after section 3 the following:



3.1                      There shall be a nominating committee consisting of 3 directors that shall establish a list of candidates that the Minister may consider for recommendation under subsection 3(1) or (5).



3.2(1)             Subject to subsection (2), the Board may make by-laws not inconsistent with this Act for one or more of the following purposes:



(a)               the conduct and management of the affairs of the Corporation;



(b)               the establishment of criteria for the selection of candidates for appointment as directors;



(c)                the remuneration to be paid to each director who is not employed in the public service of the Province; and



(d)               the travelling and living expenses incurred by a director in the performance of his or her duties.



3.2(2)             No by-law made under paragraph (1)(c) or (d) is of any force or effect until it has been approved by the Lieutenant- Governor in Council.



3.3(1)             No action lies for damages or otherwise against the general manager, any director of the Board or any employee of the Corporation in relation to anything done or purported to be done in good faith, or in relation to anything omitted to be done in good faith, under this Act by the general manager, any director of the Board or any employee of the Corporation.



3.3(2)             Notwithstanding subsections 4(2) and 4(4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person referred to in subsection (1) to which the Crown would otherwise be subject, and the Crown is liable under the Proceedings Against the Crown Act for any such tort as if subsection (1) had not been enacted.



3.4                      The head office of the Corporation is at the Kings Landing Historical Settlement.



5                           Section 4 of the Act is amended



(a)               by repealing subsection (1) and substituting the following:



4(1)                   The Board shall appoint a general manager who shall be responsible to the Board for the management and administration of the Corporation.



(b)               by adding after subsection (1) the following:



4(1.1)             The Board shall fix the salary of the general manager within the pay plan applicable to a person employed in the portion of the public service of the Province specified in Part I of the First Schedule under the Public Service Labour Relations Act.



6                           Section 9 of the French version of the Act is amended by striking out "Ministre" and substituting "ministre".



Transitional provision

7                           The members of the board of directors of the Kings Landing Corporation who held office immediately before the commencement of this Act continue in office, subject to the provisions in this Act, until they resign or are reappointed or replaced.



Commencement

8                           This Act or any provision of it comes into force on a day or days to be fixed by proclamation.



EXPLANATORY NOTES



Section 1



The existing definition is as follows:



« Ministre » désigne le ministre du Tourisme et des Parcs;



Section 2



The existing provision is as follows:



2                           There is hereby established on behalf of Her Majesty in right of the Province of New Brunswick a body corporate to be known as the Kings Landing Corporation consisting of a Board of Directors with a Chairman and not more than six other directors.



Section 3



The existing provision is as follows:



3(1)                   The Chairman of the Board shall be the person appointed by the Lieutenant-Governor in Council as the deputy head of the Department of Tourism and Parks or such other senior official of that Department as may be designated by the Minister.



3(2)                   The directors shall be appointed by the Lieutenant-Governor in Council and shall hold office for three years, but may be reappointed for one or more further terms.



3(3)                   The directors of the Board may be paid the reasonable expenses incurred by them in the discharge of their duties.



3(4)                   The Lieutenant-Governor in Council may authorize the payment of an honorarium to directors of the Board who are not employed in the public service as defined in the Public Service Superannuation Act.



Section 4



New provisions.



Section 5



(a)               The existing provision is as follows:



4(1)                   The Board shall appoint, at a salary fixed by the Lieutenant-Governor in Council, a general manager who shall be responsible to the Board for the management and administration of the Corporation.



(b)               New provision.



Section 6



The existing provision is as follows:



9                           Le conseil doit présenter chaque année un rapport sur l'activité de la Société au Ministre qui le soumet à l'Assemblée législative.



Section 7



Transitional provision.



Section 8



Commencement date.
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Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
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