BILL NO. 142
4th Session, 61st General Assembly
61 Elizabeth II, 2012
Private Member's Bill
Housing Development Corporation Act
First Reading: November 20, 2012
This Act amends the Housing Development Corporation Act to establish a Housing Development Corporation Board to manage the Nova Scotia Housing Development Corporation and perform the other functions assigned to it by the Act, other enactments and the Governor in Council, subject to the authority of the Minister set out in the Act. The amendments do this by
(a) replacing the interpretation provision;
(b) amending provisions that concern the Minister's and Deputy Minister's roles and responsibilities, including the removal of the provision that establishes the Minister as the Corporation;
(c) adding provisions that create the Board and provide its powers and responsibilities; and
(d) moving and revising the Act's regulation-making provisions.
An Act to Amend Chapter 213
of the Revised Statutes, 1989,
the Housing Development Corporation Act,
to Establish a Housing Development
Be it enacted by the Governor and Assembly as follows:
1 Section 2 of Chapter 213 of the Revised Statutes, 1989, the Housing Development Corporation Act, is repealed and the following Section substituted:
- 2 In this Act,
(h) "Vice-chair" means the Vice-chair of the Board.
3 (1) Subsection 6(1) of Chapter 213 is amended by striking out "The Minister is hereby constituted a corporation sole" in the first and second lines and substituting "There is hereby established a corporation".
(3) Subsection 6(4) of Chapter 213 is amended by striking out "as such corporation sole, but the provisions of this Section do not in any way restrict, impair or affect the powers conferred upon the Minister generally by this Act nor subject the Minister to the provisions of any Provincial enactment".
(a) a full-time Chair who is not representative of tenants, landlords, developers or other parties or groups with interests directly related to housing or to services that may be provided pursuant to this Act;
(b) one or more other directors who are not representative of tenants, clients, landlords, developers or other parties or groups with interests directly related to housing, as the Governor in Council considers necessary from time to time to enable the Board to function effectively; and
(c) such other directors who are representative of tenants, landlords, developers or other parties or groups with interests directly related to housing or to services that may be provided pursuant to this Act as the Governor in Council considers necessary from time to time to enable the Board to function effectively.
(3) The Governor in Council shall designate a director as Vice-chair to act in the absence of the Chair or in the case of a vacancy, and the provisions of subsections 14(1), (2) and (3) apply mutatis mutandis to the Vice-chair while acting under this subsection.
14 (1) The Chair shall not accept or hold any office, membership, employment or interest, or engage in any business activity, that is inconsistent with the proper performance of the duties and functions of the Chair.
(2) Where an interest that is prohibited under subsection (1) vests, by whatever means, in the Chair, the Chair shall disclose the interest to the Minister without delay and, within a reasonable time, either divest himself or herself of the interest or resign as Chair.
16 Subject to Section 32, the Chair, the Vice-chair and the other directors shall be paid the remuneration fixed by the Governor in Council, and any actual and reasonable expenses incurred by them in the discharge of their duties.
17 (1) For the purpose of the Public Service Superannuation Act only, the Chair is and is deemed to be a person employed in the public service of the Province and full-time service in the employment of the Board is and is deemed to be public service.
(2) The Board shall deduct from the salary of the Chair such amount as is directed by the Governor in Council to be deducted from the salary of employees in the public service of the Province, and shall pay the same to the Minister of Finance, and such amount when so received must be paid into and form part of the Superannuation Fund pursuant to the Public Service Superannuation Act.
(3) Subject to Section 32, where, by the Public Service Superannuation Act, a payment is directed to be made into the Superannuation Fund by the Government of the Province or by the Minister of Finance, or where by such Act a superannuation allowance or other sum is directed to be paid out of the General Revenue Fund of the Province, then, in respect of the Chair, the payment, superannuation allowance or other sum must be defrayed by the Board and forms part of the annual expenses of the Board.
18 The Chair, the Vice-chair and each of the other directors shall, before entering office, be sworn to the faithful performance of their duties and shall file with the Minister an oath or affirmation of office to that effect in the following form:
(2) The Board shall perform the duties and functions required or authorized to be performed by the Board, and may exercise such powers as may be conferred on the Board, under this or any other Act of the Legislature or under the regulations.
(3) The Board shall perform such other duties and functions as may be required or authorized to be performed by the Board, and may exercise such other powers as may be conferred on the Board, from time to time by the Governor in Council.20 (1) Subject to Section 32, the Board shall meet at least four times in each calendar year and as required by this Section.
(2) As soon as is practical after the commencement of each calendar year, the Chair shall set the date and location of each meeting and provide the dates and locations of the meetings to the directors.
(3) A majority of the directors may request that the Chair convene a meeting of the Board, which request must be in writing and include the information reasonably required by the Chair to prepare and distribute an agenda in accordance with Section 22.
(4) Subject to subsection (1), where a meeting is requested pursuant to subsection (3), the Chair shall, no later than fourteen days following receipt of the written request, give notice to the directors setting out the date and location of the meeting, which meeting must be held within two months of the date upon which the request to convene a meeting was received by the Chair.
(5) Where the office of the Chair is vacant, the Vice-chair may exercise the powers otherwise given to the Chair to set the date and location of a meeting, and give notice of the meeting to the other directors.
(8) Where any director, including the Chair, participates in a meeting of the Board by means of a telephone conference or other communication facility as is permitted under Section 23, the director is deemed to be in the Province for the purpose of the meeting.
21 (1) A majority of the directors constitutes a quorum, but such quorum must include a majority of the directors who are representative of parties or groups with interests directly related to housing.
(5) Where a meeting does not proceed because a quorum is not present or because a quorum is lost during a meeting, the Chair shall set the date and location of another meeting to occur within thirty days of the meeting that did not proceed.
22 (1) The Chair, or any other person authorized to do so under this Act, shall cause written notice of each meeting of the Board to be given to the directors not less than seven days before the meeting.
(3) Subject to the by-laws, nothing in this Section precludes a director from bringing forth any matter for discussion at a meeting, and business not included in the agenda for a meeting may be conducted at a meeting.
23 A meeting of the Board or any committee of the Board may be held, or a director, including the Chair, may participate in a meeting of the Board, by means of a telephone or other communication facility that permits all persons participating in the meeting to speak to and hear each other, and a director participating in a meeting by such means is deemed to be present at the meeting and is counted in determining whether a quorum is present.
26 Subject to Section 32, the Board shall appoint a recording secretary, who need not be a director, to keep minutes or records of all meetings, proceedings and acts of the directors, which minutes or records must be provided to the directors for verification at the next meeting of the Board.
30 No act of the Corporation done and carried out in good faith is invalid or ineffective by reason only that it is subsequently discovered or determined that there exists some defect in the appointment, removal or qualification of any director.
(2) Where the office of the Chair is vacant or the Chair is unavailable, the Vice-chair may exercise the power otherwise given to the Chair to execute agreements and other documents approved by the Board under subsection (1).
33 No action lies for damages or otherwise against any director or employee of the Corporation in relation to any act or omission done in good faith under this Act or the regulations by any director or employee of the Corporation.
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