BILL NO. 103

1st Session, 57th General Assembly
Nova Scotia
47-48 Elizabeth II, 1998-99

Private Bill

Gaelic College Foundation Act
(amended)

The Honourable Kenneth MacAskill
Victoria

First Reading: May 25, 1999

Second Reading: May 27, 1999

Third Reading: June 14, 1999

Be it enacted by the Governor and Assembly as follows:

1 (1) Subsection 6(2) of Chapter 89 of the Acts of 1980, the Gaelic College Foundation Act, is amended by

(a) striking out "twenty persons elected and appointed as follows:" in the first and second lines;

(b) striking out clause (a) and substituting the following clause:

(a) five Governors elected by and from the members of the Foundation, three of the first five Governors who are elected pursuant to this clause to each be elected for a term of three years and two of the first five Governors who are elected pursuant to this clause to each be elected for a term of two years, and all other Governors who are subsequently elected pursuant to this clause to each be elected for a term of two years;

(c) striking out clause (b) and substituting the following clause:

(b) six Governors appointed by the Governor in Council, three of the first six Governors who are appointed pursuant to this clause to each be appointed for a term of three years and three of the first six Governors who are appointed pursuant to this clause to each be appointed for a term of two years, and all other Governors who are subsequently appointed pursuant to this clause to each be appointed for a term of two years.

and

(d) striking out clauses (c) to (g).

(2) Clause (1)(b) comes into force when the number of members of the Board of Governors of the Gaelic College Foundation elected by the members of the Foundation becomes five or less.

(3) Clause (1)(c) comes into force when the number of members of the Board of Governors of the Gaelic College Foundation appointed by the Governor in Council becomes six or less.

(4) Notwithstanding Chapter 89, after the coming into force of this Act, the Governor in Council may not appoint any member to the Board of Governors of the Gaelic College Foundation other than pursuant to clause 6(2)(b) of Chapter 89, as enacted by subsection (1).

(5) Subsection 6(3) of Chapter 89 is repealed.

(6) Subsection 6(4) of Chapter 89 is amended by striking out "six Governors" in the last line and substituting "the number of Governors required by that clause".

(7) Subsection 6(5) of Chapter 89 is repealed.

(8) Subsection 6(6) of Chapter 89 is amended by striking out "the death or resignation of an elected Governor" in the first and second lines and substituting "an elected Governor ceasing to be a member of the Board".

(9) Subsections 6(7) and (8) of Chapter 89 are repealed and the following subsections substituted:

(7) Where a Governor fails to attend that percentage of meetings of the Board that the Governor is required, by the by-laws of the Board, to attend, and the Board is of the opinion that the Governor has done so without an adequate excuse, the Board may, by resolution, remove the Governor from the Board, and upon the passage of the resolution, that Governor ceases to be a member of the Board.

(8) The quorum for a meeting of the Board is a majority of the Governors.

2 Chapter 89 is further amended by adding immediately after Section 7 the following Section:

7A (1) The Board shall elect from among their number the following officers of the Board to be the Executive of the Board, namely, a Chair of the Board, a Vice-chair of the Board, a Secretary-treasurer of the Board and an Executive Governor.

(2) Each officer of the Board holds office for such term as the Board determines.

(3) The Executive of the Board and each officer of the Board has such powers and shall perform such duties as are conferred or imposed by the by-laws of the Board.

(4) The quorum for a meeting of the Executive of the Board is three members of the Executive.

3 Subsection 10(1) of Chapter 89 is amended by

(a) adding immediately after clause (b) the following clause:

(ba) the powers and duties of the Executive of the Board and the officers of the Board, with power to delegate to the Executive any power of the Board, and the terms and conditions under which the power may be exercised;

and

(b) adding immediately after clause (c) the following clause:

(ca) that percentage of meetings of the Board that a Governor is required to attend;

4 Chapter 89 is further amended by adding immediately after Section 10 the following Section:

10A The fiscal year of the Foundation is the period beginning on April 1st in each year and ending on March 31st in the immediately succeeding year.

5 Subsection 11(1) of Chapter 89 is amended by striking out "There" in the first line and substituting "No later than July 29th in each year, there".

6 Section 13 of Chapter 89 is amended by striking out "twenty-five members" in the second line and substituting "a simple majority of the members in good standing".