Acts and Regulations

K-1 - Kings Landing Corporation Act

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Repealed on 10 February 2015
CHAPTER K-1
Kings Landing Corporation Act
Repealed: R.S.N.B. 2014, Schedule A.
Definitions
1In this Act
“Board” means the Board of Directors of the Corporation;(conseil)
“Corporation” means the Kings Landing Corporation;(Société)
“Minister” means the Minister of Tourism, Heritage and Culture and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
1970, c.5, s.1; 1983, c.30, s.18; 1986, c.8, s.62; 1992, c.2, s.29; 1998, c.41, s.68; 2000, c.26, s.174; 2001, c.41, s.11; 2006, c.15, s.1; 2012, c.39, s.83; 2012, c.52, s.30
Establishment of Corporation
2There 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 Chair, a Vice-Chair and not more than 10 other directors.
1970, c.5, s.2; 2006, c.15, s.2
Board of Directors
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.
1970, c.5, s.3; 1974, c.24 (Supp.), s.1; 1978, c.33, s.1; 1983, c.30, s.18; 1984, c.C-5.1, s.50; 1986, c.8, s.62; 1992, c.2, s.29; 1998, c.41, s.68; 2000, c.26, s.174; 2001, c.41, s.11; 2006, c.15, s.3
3.1There 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).
2006, c.15, s.4
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.
2006, c.15, s.4
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.
2006, c.15, s.4
3.4The head office of the Corporation is at the Kings Landing Historical Settlement.
2006, c.15, s.4
General Manager and staff of Corporation
4(1)The Board shall appoint a general manager who shall be responsible to the Board for the management and administration of the Corporation.
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.
4(2)The Board, on the recommendation of the general manager, may engage the staff necessary for the work of the Corporation.
4(3)The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the general manager and to the staff of the Corporation.
1970, c.5, s.4; 2006, c.15, s.5; 2013, c.44, s.22
Objects of Corporation
5The objects of the Corporation are
(a) to collect, preserve and exhibit buildings and artifacts which are part of the Province’s historical resources,
(b) to create, maintain and operate an historical settlement in the Mactaquac Headpond Area,
(c) to stimulate the interest of the public in matters depicted in the historical settlement and in historic sites within the Mactaquac Headpond Area,
(d) to engage in and promote the production and sale of articles and materials related to the historical settlement, and
(e) to carry on the business of operating a restaurant, dining-room, lounge or similar establishment or any combination thereof.
1970, c.5, s.5
Powers of Corporation
6The Corporation has the power, in the furtherance of its objects,
(a) to buy, sell, either at wholesale or retail, acquire by purchase, lease, exchange or otherwise and to rent, lease, let or hire and generally deal in and with real and personal property of every kind and description,
(b) to carry on business as manufacturer, producer, merchant, either at wholesale or retail, and to import and export generally, and to act as agent for manufacturers, producers, merchants or importers or exporters generally, without limitation as to class of products or merchandise, and
(c) to exercise the powers given under subsection 14(1) of the Companies Act.
1970, c.5, s.6
Revenues and funds of Corporation
7(1)The revenues realized by the Corporation through the sale or disposition of its property and in its operations shall be maintained in a separate account and may be used by the Corporation in the carrying out of its objects.
7(2)The Corporation is entitled to use such funds as are appropriated for its use by the Legislative Assembly.
1970, c.5, s.7
Annual audit of accounts
8The accounts of the Corporation shall be audited annually by the Auditor General and a report of the audit made to the Corporation and to the Lieutenant-Governor in Council.
1970, c.5, s.8
Annual report
9The Board shall make a report annually to the Minister upon the affairs of the Corporation, and the Minister shall submit the report to the Legislative Assembly.
1970, c.5, s.9; 2006, c.15, s.6
Corporation as Crown Corporation
10(1)The Corporation is an agency of Her Majesty in right of the Province of New Brunswick and is deemed to be a Crown Corporation under the Proceedings Against the Crown Act.
10(2)Property acquired for the purposes of this Act is vested in the Corporation as agent of Her Majesty in right of the Province of New Brunswick and may be dealt with, leased, sold or otherwise disposed of by the Corporation.
1970, c.5, s.10
N.B. This Act is consolidated to February 9, 2015.