Acts and Regulations

2014, c.115 - Kings Landing Corporation Act

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Current to 1 January 2024
2014, c.115
Kings Landing Corporation Act
Deposited December 30, 2014
Definitions
1The following definitions apply in 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)
R.S.1973, c.K-1, 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 established on behalf of the Crown in right of the Province 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 ten other directors.
R.S.1973, c.K-1, 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 three 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)Despite subsection (2) but subject to subsection (3), a director shall remain in office until the director resigns or is reappointed or replaced.
3(5)If a vacancy occurs on the Board, on the recommendation of the Minister, the Lieutenant-Governor in Council 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 4.
3(7)A vacancy on the Board does not affect the power of the Board to act.
3(8)On the recommendation of the Minister, the Lieutenant-Governor in Council 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, one of whom shall be the chair or the vice-chair, constitutes a quorum.
R.S.1973, c.K-1, 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
Nominating committee
4There shall be a nominating committee consisting of three 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
By-laws
5(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 reimbursement of travelling and living expenses incurred by a director in the performance of his or her duties.
5(2)No by-law made under paragraph (1)(c) or (d) is effective until it has been approved by the Lieutenant-Governor in Council.
2006, c.15, s.4
Head office
6The head office of the Corporation is at the Kings Landing Historical Settlement.
2006, c.15, s.4
General manager and employees
7(1)The Board shall appoint a general manager who shall be responsible to the Board for the management and administration of the Corporation.
7(2)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 1 of the First Schedule under the Public Service Labour Relations Act.
7(3)On the recommendation of the general manager, the Board may engage the employees necessary for the work of the Corporation.
7(4)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.
R.S.1973, c.K-1, s.4; 2006, c.15, s.5; 2013, c.44, s.22
Objects
8The objects of the Corporation are
(a) to collect, preserve and exhibit buildings and artifacts that are part of the Province’s historical resources,
(b) to create, maintain and operate an historical settlement in the Mactaquac Head Pond Area,
(c) to stimulate the interest of the public in matters depicted in the historical settlement and in historic sites within the Mactaquac Head Pond 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 of them.
R.S.1973, c.K-1, s.5
Powers
9The 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.
R.S.1973, c.K-1, s.6
Revenues and funds
10(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.
10(2)The Corporation is entitled to use the funds that are appropriated for its use by the Legislative Assembly.
R.S.1973, c.K-1, s.7
Annual audit
11The Auditor General shall audit the accounts of the Corporation annually and shall make a report of the audit to the Corporation and to the Lieutenant-Governor in Council.
R.S.1973, c.K-1, s.8
Annual report
12The Board shall make a report annually to the Minister on the affairs of the Corporation, and the Minister shall submit the report to the Legislative Assembly.
R.S.1973, c.K-1, s.9; 2006, c.15, s.6
Crown agent
13(1)The Corporation is an agency of the Crown in right of the Province and is deemed to be a Crown corporation under the Proceedings Against the Crown Act.
13(2)Property acquired for the purposes of this Act is vested in the Corporation as agent of the Crown in right of the Province and may be dealt with, leased, sold or otherwise disposed of by the Corporation.
R.S.1973, c.K-1, s.10
Immunity
14(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.
14(2)Despite subsections 4(2) and (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 the tort as if subsection (1) had not been enacted.
2006, c.15, s.4
N.B. This Act was proclaimed and came into force February 9, 2015.
N.B. This Act is consolidated to February 9, 2015.