BILL NO. 62
(as passed, with amendments)
1st Session, 62nd General Assembly
63 Elizabeth II, 2014
Halifax Convention Centre Act
CHAPTER 8 OF THE ACTS OF 2014
The Honourable Michel P. Samson
Minister of Economic and Rural Development and Tourism
First Reading: April 23, 2014 (LINK TO BILL AS INTRODUCED)
Second Reading: April 24, 2014
Third Reading: May 1, 2014 (WITH COMMITTEE AMENDMENTS)
Royal Assent: May 1, 2014
Be it enacted by the Governor and Assembly as follows:
5 (1) The object of the Corporation is to operate, maintain and manage the activities of the Halifax Convention Centre in a manner that will promote and develop economic development, tourism and industry in the Province generally, and the Municipality in particular, in accordance with strategic directions established by the Board and approved by the Chief Administrative Officer and the Minister.
18 (1) Subject to subsection (3) and with the approval of the Chief Administrative Officer and the Minister, each member of the Board is entitled to receive such remuneration and such reasonable expenses as determined from time to time by the Board.
(3) Where remuneration is determined on the basis of attendance at a meeting of the Board, the per diem rate applies for each day during which there are one or more meetings of the Board or of a committee at which minutes are taken and at which a quorum is present or participating.
(a) shall appoint a person who is not a member of the Board to be the President and Chief Executive Officer of the Corporation and may assign to that person such duties as the by-laws of the Corporation may determine; and
(b) may appoint an acting President and Chief Executive Officer whose term of office, including renewals, may not exceed one year and whose compensation may not exceed that of the President and Chief Executive Officer whom he or she replaces.
(e) subject to the approval of the Board, and with the written consent of the Chief Administrative Officer and the Minister, make by-laws as it considers necessary for the effective attainment of its objects and the exercise of its powers and for the internal control, management and administration of the Corporation;
(2) An agreement or contract that will result in compensation, including benefits, or payments, excluding applicable consumption taxes, that total in aggregate over the term of the agreement or contract, including through any renewal or option periods, in excess of $250,000, require the prior written approval of the Chief Administrative Officer and the Minister.
(3) Except as otherwise provided in this Act or from time to time by written directive of the Council and the Minister, the Corporation has all the powers of a company incorporated pursuant to the Companies Act.
(5) Any approval or consent pursuant to this Section is not effective until it is evidenced by an instrument in writing that is addressed to the Corporation, to the attention of its secretary or such other officer as the Chief Administrative Officer and the Minister determine, and that is signed by the Chief Administrative Officer and the Minister.
(c) carry out any voluntary act of bankruptcy or make a general assignment for the benefit of its creditors or other acknowledgment of insolvency or make any application pursuant to the Bankruptcy and Insolvency Act (Canada), the Companies Creditors' Arrangement Act (Canada) or any similar legislation.
23 (1) With the written consent of the Council and the Minister, the Governor in Council may, by order, declare that the Corporation has a capital stock in the amount set out in the order and divided into such number of shares and of such value as set out in the written consent of the Council and the Minister and in the order.
(4) Notwithstanding any other enactment, the municipality may, with no restrictions except as provided herein, subscribe for, purchase, sell, hold, transfer, vote, manage and deal with any capital stock contemplated or issued under this Act or as may be otherwise issued from time to time.
24 With the written consent of the Chief Administrative Officer and the Minister, the capital stock of the Corporation may be increased from time to time and in accordance with the written request by the Governor in Council.
25 Notwithstanding any provision of this Act or any special or general Act, no mortgage, pledge or charge against the real and personal property of the Corporation is or is deemed to be a mortgage, pledge or charge against any real and personal property of the Municipality or Her Majesty in right of the Province.
26 The system of accounting and the books and records of the Corporation are subject to the approval of the Council and the Minister of Finance, and to audit by an auditor approved by the audit committee of the Board, and such further audit as the Auditor General of either the Municipality or the Province determines.
27 (1) The Corporation shall, not later than June 30th in each year, prepare and submit for approval of the holders of the Principal Shares to the Council and the Minister audited financial statements setting forth, as a minimum, the assets and liabilities of the Corporation, and the revenues and expenses of the Corporation for the previous fiscal year, together with a report concerning the work of the Corporation during the previous fiscal year.
(2) In addition to the report referred to in subsection (1), the Corporation shall provide a report to the Council and the Minister, in conjunction with other stakeholders, assessing on an annual basis the effectiveness and competitiveness of the operations of the Convention Centre as measured against other jurisdictions to identify and regularly re-evaluate the Corporation's strategic plan.
28 On or before a date to be established by the regulations and every five years thereafter, the Corporation shall submit to the Council and the Minister for approval a five-year strategic plan, including estimates of budgetary requirements, for the operation of the Corporation.
29 (1) On or before a date to be established by the regulations and annually thereafter, the Corporation shall submit to the Council and the Minister for approval a detailed business plan for the following fiscal year, including estimates of budgetary requirements, for the operation of the Corporation.
(2) The plan must include an outline and the extent of those aspects of operating, maintaining and managing the Convention Centre to be performed by employees, including the President and Chief Executive Officer of the Corporation and those aspects to be performed by persons, organizations and entities external to the Corporation.
30 (1) On or before a date to be established by the regulations, the Corporation shall submit for the approval of the Council and the Minister a detailed and independent third-party evaluation of its activities compared to the previous five-year strategic plan, including any recommendations for modifications to the mandate of the Corporation.
(2) In addition to the evaluation referred to in subsection (1), the Corporation shall, within the same time periods referred to in that subsection, submit a five-year strategic plan for the continued operation of the Corporation to the Council and the Minister for their approval.
(5) Every designated person is employed by the Corporation on the same or equal terms and conditions of employment as those under which the employee was employed as an employee by Trade Centre Limited until changed by collective agreement or contract of employment.
(7) Benefits accumulated by a designated person while employed at Trade Centre Limited are vested in the designated person, and the designated person is entitled to receive those benefits from the Corporation.
(8) The Corporation is bound by a collective agreement concluded by Trade Centre Limited in relation to the designated person as if it were a party to the collective agreement as the employer and as if the collective agreement were concluded pursuant to the Trade Union Act by a bargaining agent certified pursuant to the Trade Union Act.
(9) For greater certainty, the Corporation is a transferee for the purpose of Section 31 of the Trade Union Act and, without limiting the generality of the foregoing, the Corporation is bound by successor rights as determined pursuant to the Trade Union Act.
(10) Each designated person who was an employee within the meaning of the Public Service Superannuation Act before this Section came into force and each designated person in a bargaining unit whose collective agreement provided for participation in the Public Service Superannuation Plan before the coming into force of this Section is deemed to continue to be an employee for the purpose of the Public Service Superannuation Act, and employment with the Corporation by a designated employee is deemed to be employment for the purpose of the Public Service Superannuation Act.
(11) Subject to any applicable collective agreement or contract of employment, each designated person who was covered by the Nova Scotia Public Service Long Term Disability Plan before this Section came into force or was included in a bargaining unit whose collective agreement provided for long term disability benefits under the Nova Scotia Public Service Long Term Disability Plan is deemed to continue to be a person to whom the Nova Scotia Public Service Long Term Disability Plan applies.
(12) Subject to the approval of the Board the Corporation may, prior to the date on which designated persons become employees of the Corporation, establish or arrange to make available group life, medical, dental, pension, employee assistance, short-term illness and long-term disability plans to provide benefits to employees who are not designated persons.
(14) Notwithstanding anything contained in this Section, Section 71 of the Labour Standards Code does not apply to a period of employment that an employee was credited with as an employee of Trade Centre Limited or as an employee appointed in accordance with the Civil Service Act.
(15) Notwithstanding the Freedom of Information and Protection of Privacy Act, Trade Centre Limited shall transfer to the Corporation on the date a designated person becomes an employee of the Corporation all personnel files and similar material in the possession or control of Trade Centre Limited relating to that designated person, and such transfer does not constitute a disclosure of personal information within the meaning of that Act.
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