RSNL1990 CHAPTER H-13 - HOUSING CORPORATION ACT

RSNL1990 CHAPTER H-13 HOUSING CORPORATION ACT Amended: 1992 c48 s12; 1999 c22 s12; 2006 c40 s21; 2018 c38 CHAPTER H-13 AN ACT RESPECTING NEWFOUNDLAND AND LABRADOR HOUSING CORPORATION Analysis 1. Short title 2. Definitions 3. Corporation 4. Chairperson 5. Tenure 6. Remuneration 7. Chief executive officer 8. Use of seal 9. Status of corporation 10. Actions 11. Head office 12. Appointment of staff 13. Powers of corporation 14. Power to borrow 15. Guarantees of loans 16. Manner and form of guarantee 17. Guarantee of payments 18. Respecting guarantee 19. Temporary loans 20. Agreements 21. Performance under guarantee 22. Housing authority 23. Powers of corporation 24. Duties of corporation 25. Leases 26. Assessment of private lands 27. Connection to pipes 28. Oath or affirmation 29. Members not to contract with corporation 30. Regulations 31. Financial year 32. Annual budgets 33. Budget may be revised 34. Minister's approval 35. Corporation limited to budget 36. Report to minister 37. Financial statement 38. Minutes to be kept 39. Audit of accounts 40. Payment of lump sum 41. Non-application of Public Utilities Act 42. Grant of land to corporation 43. Effect of Limitations Act 44. Plans for members and employees 45. Rep. by 1992 c48 s12 Schedule Short title 1. This Act may be cited as the Housing Corporation Act. RSN1970 c249 s1 Back to Top Definitions 2. In this Act (a) "corporation" means the Newfoundland and Labrador Housing Corporation continued by this Act; (b) "land" means real property of every nature or kind and includes tenements, hereditaments, and appurtenances, leaseholds, and an estate, term, easement, right or interest in, to, over, under or affecting land, including rights-of-way, and works, waters, water rights, water powers and water privileges; (c) "minister" means the minister appointed under the Executive Council Act to administer this Act; and (d) "works" includes all property, buildings, erections, plant, machinery, installations, materials, dams, canals, devices, fittings, apparatus, appliances and equipment. RSN1970 c249 s2; 1981 c4 Sch A; 1984 c40 Sch B; 1989 c30 Sch B; 2006 c40 s21 Back to Top Corporation 3. (1) The Newfoundland and Labrador Housing Corporation is continued as a corporation. (2) The membership of the corporation shall consist of not less than 5 and not more than 11 members to be appointed by the Lieutenant-Governor in Council, one of whom shall be a representative of persons with disabilities in the province. RSN1970 c249 s4; 1981 c11 s1; 1983 c64 s1; 2018 c38 s1 Back to Top Chairperson 4. (1) The Lieutenant-Governor in Council may designate one of the members of the corporation appointed under subsection 3(2) to be chairperson and another to be vice-chairperson of the corporation. (2) During the incapacity or absence of the chairperson or a vacancy in the office of chairperson, the vice-chairperson, or one of the other members of the corporation appointed under subsection 3(2) who is designated in writing by the minister, has and may exercise the powers of the chairperson and shall discharge his or her duties. (3) A majority of the members of the corporation appointed under subsection 3(2) shall constitute a quorum. (4) Where, at a meeting of the corporation, there is an equality of votes inclusive of his or her own vote, the member of the corporation presiding at the meeting has a second or casting vote. (5) Where a vacancy occurs in the membership of the corporation because of the death, resignation or illness of a member, the Lieutenant-Governor in Council may appoint a person to replace that member. (6) The exercise of the powers of the corporation shall not be impaired because of a vacancy in its membership. (7) All acts done by the corporation shall, notwithstanding that it is afterwards discovered that there was some defect in the appointment or qualification of a person purporting to be a member of the corporation, be as valid as if the defect had not existed. RSN1970 c249 s5; 2018 c38 s2 Back to Top Tenure 5. (1) A member of the corporation appointed under subsection 3(2) shall be appointed for a term of 3 years, and may be reappointed for one additional 3 year term, to be served consecutively. (2) Notwithstanding subsection (1), where the term of a member appointed under subsection 3(2) expires, he or she shall continue as a member until reappointed or replaced. RSN1970 c249 s6; 2018 c38 s3 Back to Top Remuneration 6. A member of the corporation appointed under subsection 3(2) may be paid the salary or other remuneration and expenses that the Lieutenant-Governor in Council may determine. RSN1970 c249 s7; 2018 c38 s4 Back to Top Chief executive officer 7. (1) The Lieutenant- Governor in Council shall appoint, after consultation with the membership of the corporation, a chief executive officer for the corporation and shall determine the remuneration and other terms and conditions of appointment of that chief executive officer. (2) The chief executive officer shall, subject to the direction of the membership of the corporation, be charged with the general direction, supervision and control of the business of the corporation and shall have those other powers that may be conferred on him or her by the regulations. (3) The same person may not hold the offices of chairperson and chief executive officer simultaneously. (4) In addition to the members appointed under subsection 3(2), the chief executive officer shall be a non-voting member of the corporation. (5) During an absence or incapacity of the chief executive officer, the Lieutenant-Governor in Council may appoint an acting chief executive officer who shall perform the duties of the chief executive officer until his or her return or resumption of duties, or until a new chief executive officer is appointed. RSN1970 c249 s8; 2018 c38 s5 Back to Top Use of seal 8. (1) The application of the common seal of the corporation shall be certified by (a) the chief executive officer; and (b) the person acting as secretary of the corporation, or another employee of the corporation appointed by the corporation for that purpose. (2) A contract or instrument which, if entered into or executed by a person not being a corporation, would not be required to be under seal may be entered into or executed on behalf of the corporation by a person generally or specially authorized by it for that purpose. (3) A document purporting to be a document executed or issued under the seal of the corporation or on behalf of the corporation shall, until the contrary is proved, be considered to be a document so executed or issued. (4) The corporation may provide that a signature upon bonds, debentures, securities or other evidence of indebtedness and upon coupons may be engraved, lithographed, printed or otherwise mechanically reproduced. (5) The mechanically reproduced signatures referred to in subsection (4) are for all purposes valid and binding upon the corporation notwithstanding that a person whose signature is so reproduced has stopped holding office before the date of the bonds, debentures, securities or other evidence of indebtedness, or coupons, referred to in subsection (4) or before their issue. RSN1970 c249 s9; 2018 c38 s6 Back to Top Status of corporation 9. (1) The corporation is, for the purpose of this Act, an agent of the Crown and may exercise its powers under this Act only as an agent of the Crown. (2) The corporation may, on behalf of the Crown, enter into contracts or other agreements and acquire and dispose of and otherwise deal with property of all kinds in the name of the corporation. (3) Notwithstanding that the corporation is an agent of the Crown, it may enter into contracts with the Crown and appoint agents to act on its behalf. (4) Property of the corporation is the property of the Crown and title to it shall be vested in the name of the corporation. (5) A member or officer of the corporation or a person employed by the corporation does not become, because of the employment only, an officer or employee of the Crown. RSN1970 c249 s10; 2018 c38 s7 Back to Top Actions 10. Actions, suits or other legal proceedings in respect of a right or obligation acquired or incurred by the corporation may be brought by or against the corporation in the name of the corporation in a court as if the corporation were not an agent of the Crown. RSN1970 c249 s11 Back to Top Head office 11. (1) The head office of the corporation shall be in the City of St. John's . (2) Subject to the approval of the minister, the corporation may establish other offices and agencies in the province. RSN1970 c249 s12 Back to Top Appointment of staff 12. Subject to the approval of the minister, the corporation may appoint a secretary to the corporation and those managers, engineers, accountants, employees and workers that may be considered necessary, and fix their remuneration and terms of service. RSN1970 c249 s13 Back to Top Powers of corporation 13. (1) The corporation may exercise (a) all the powers that may be exercised by the minister under sections 3, 4, 5 and 14 of the Housing Act; and (b) other powers that may be exercised by the minister under the Housing Act that may by order of the Lieutenant-Governor in Council be vested in the corporation. (2) With respect to the purposes of the powers conferred upon the corporation under subsection (1), the corporation may exercise all the powers that may be exercised by the minister under section 20 of the Housing Act, and sections 21 and 22 of that Act shall apply to all of the last-mentioned powers. (3) All rights of the minister or of the Crown with respect to (a) a project undertaken; or (b) an agreement made by the minister under the Housing Act, including a right, title and interest of the minister or of the Crown in land, are vested in the corporation, and all obligations of the minister or of the Crown with respect to the project or agreement become obligations of the corporation, but notwithstanding the fact that those obligations have become obligations of the corporation, the minister or the Crown may hold himself or herself bound by those obligations and may fulfil them. (4) Orders of the Lieutenant-Governor in Council under paragraph (1)(b) may be made with retroactive effect. RSN1970 c249 s14 Back to Top Power to borrow 14. (1) Subject to the prior approval of the Lieutenant-Governor in Council, the corporation may (a) borrow money for its purposes; and (b) to secure the repayment of money borrowed, (i) issue bonds, debentures or other securities of the corporation, (ii) execute and deliver mortgages, assignments, conveyances, charges or other encumbrances of and over property of every kind, both present and future, title to which is vested in the corporation, and (iii) enter into, execute and deliver a trust deed, trust indenture or an agreement with a lender, a trustee acting for the holders of bonds or debentures or other person, at the rate of interest, including interest on overdue interest, where applicable, in the form and upon the terms and conditions that the Lieutenant-Governor in Council approves. (2) The money authorized to be borrowed under subsection (1) may be borrowed and repaid in Canadian or United States of America currency, as the Lieutenant-Governor in Council may approve, and authority for borrowing or repaying the money shall include authority to pay the exchange charges that may be applicable to the currency and the interest, including interest on overdue interest, and premium incurred in respect of the borrowing and to make sinking fund payments. RSN1970 c249 s15 Back to Top Guarantees of loans 15. (1) Subject to the prior approval of the Lieutenant-Governor in Council, the minister, acting on behalf of the Crown, may unconditionally guarantee as to principal, interest, including interest on overdue interest, premium and sinking fund payments, loans, in Canadian or United States of America currency or partly in one currency and partly in the other, that the Lieutenant-Governor in Council shall determine, to be raised by the corporation, the loan to be raised by bonds or debentures issued by the corporation, the bonds or debentures to be issued (a) in a principal amount not exceeding the sum; (b) at a rate of interest; (c) on the terms and conditions; and (d) with provisions for redemption at the time that may be approved by the Lieutenant-Governor in Council, and the bonds or debentures may be issued or sold in the numbers and amounts, at the times, at the prices and upon the terms that the Lieutenant-Governor in Council may approve. (2) Pending the issue and sale of a bond or debenture issue referred to in subsection (1), the minister may guarantee the repayment by the corporation of an interim loan, with or without interest, not exceeding the principal sum of the loan to be raised by bonds or debentures, if provision satisfactory to the Minister of Justice is made for the repayment of the interim loan together with interest out of the proceeds of the bond or debenture issue and for making the repayment of the interim loan and interest a 1st charge upon the proceeds, after deducting the costs and expenses, including commission charges of and incidental to the floating of the bonds or debentures, and after deducting all other sums required to be deducted under a trust deed, trust indenture or agreement executed and delivered under section 20. (3) The repayment of a bond or debenture issue may be guaranteed under subsection (1) even if an interim loan to the corporation has already been guaranteed under this section and even though pending the repayment of the interim loan the liability of the Crown will exceed the principal sum of the loan to be raised by bonds or debentures, but the liability of the Crown in respect of the bond or debenture issue and in respect of the interim loan shall not exceed double the principal sum of the loan to be raised by bonds or debentures. RSN1970 c249 s16; 1973 No13 Sch Back to Top Manner and form of guarantee 16. Notwithstanding the Financial Administration Act or another Act or law, when a guarantee is given under section 15, it shall be given in the manner and form that the Lieutenant-Governor in Council approves and the form of guarantee shall be signed on behalf of the province by the minister, and the signature of the minister may be engraved, lithographed or otherwise mechanically reproduced on the bonds or debentures. RSN1970 c249 s17 Back to Top Guarantee of payments 17. Notwithstanding section 15, where the payment of an interest, premium or sinking fund payment has been guaranteed under this Act, the Crown may incur liability in excess of the principal sum of the loan to be raised by bonds or debentures, to the extent of the guarantee of the interest, premium and sinking fund payment. RSN1970 c249 s18 Back to Top Respecting guarantee 18. The power conferred by section 15 to guarantee the repayment of bond or debenture issues or an interim loan includes the power to guarantee the repayment of part of the issues of bonds or debentures or part of the interim loan but, with respect to an individual loan, the total of the principal sums guaranteed by the Crown, exclusive of an interim loan guaranteed under that section and exclusive of interest, premium and sinking fund payments, shall not exceed the principal sum of the individual loan. RSN1970 c249 s19 Back to Top Temporary loans 19. Subject to the prior approval of the Lieutenant-Governor in Council, the minister, acting on behalf of the Crown, may unconditionally guarantee as to principal and interest temporary loans, other than the interim loans referred to in section 15, to be raised by the corporation, in Canadian currency, from a source approved by the Lieutenant-Governor in Council, the loan to be repaid by the corporation within a period, not exceeding 24 months, as may be approved by the Lieutenant-Governor in Council and to be (a) in a principal amount not exceeding the sum; (b) at a rate of interest, including interest on overdue interest and premium; (c) at the discount; and (d) on the other terms and conditions that may be approved by the Lieutenant-Governor in Council. RSN1970 c249 s20; 1973 No13 Sch Back to Top Agreements 20. The minister, acting on behalf of the Crown, may enter into, execute and deliver a trust deed, trust indenture or an agreement with the corporation, a lender, a trustee acting for the holders of bonds or debentures or another person or company setting out the terms and conditions of a guarantee of a loan to be made in accordance with this Act. RSN1970 c249 s21; 1973 No13 Sch Back to Top Performance under guarantee 21. A payment that the Crown may be required to make under guarantee made under this Act shall be paid by the Minister of Finance out of the Consolidated Revenue Fund of the province, or it may be paid out of funds provided in the manner prescribed by the Financial Administration Act. RSN1970 c249 s22 Back to Top Housing authority 22. The corporation, in addition to its other powers, is considered, for the purposes of the Expropriation Act, and for all other purposes, a housing authority constituted under subsection 15(1) of the Housing Act. RSN1970 c249 s23 Back to Top Powers of corporation 23. The corporation may (a) purchase, lease or otherwise acquire property, real or personal of every nature and kind, or an interest in it which the corporation considers necessary, convenient or advisable to acquire for or incidental to the exercise of the powers or duties of the corporation; (b) sell or otherwise dispose of its property, real or personal of every nature and kind, or an interest in it and grant an estate, term, easement, right or interest in, over or affecting the property; (c) repay to the province the charges and expenses incurred by the province in connection with the borrowing powers set out in section 14, including those charges and expenses incurred in connection with the creation and issue of bonds, debentures or other securities and the repayment of principal and the payment of a premium, exchange charges, interest or sinking fund payment relating to it; (d) deposit, (i) without the approval of the minister, when required to do so in connection with a borrowing of money under section 14 where the approval of the Lieutenant-Governor in Council required by that section has been given, and (ii) subject to the prior written approval of the minister in all other cases, money or securities with a bank, trustee, trust company or other depository; and (e) generally, do all things which the corporation considers necessary, convenient or advisable for or incidental to the exercise of the powers, functions and duties of the corporation. RSN1970 c249 s24 Back to Top Duties of corporation 24. The corporation shall (a) co-operate with the government of the province or of Canada or a department, agency or body under the jurisdiction of the Parliament of Canada or the Legislature of the province as may be necessary or desirable for carrying out the purpose of this Act; (b) undertake, promote or recommend measures for the development, control and direction of housing in the province; (c) collect, compile, analyze and record the statistical and other information relating to housing that may be useful; (d) prepare and publish statistics, reports, records, bulletins, pamphlets, circulars and other means of distributing information and advice in relation to housing that may be useful; (e) study, report on and advise upon the system and administration of housing; (f) foster, through scientific investigation and technology, knowledge of housing and of the means of dealing with conditions relating to its development, control and direction; (g) acquire land by purchase, or otherwise, and to hold the land and to dispose of, develop and manage it in a lawful manner; (h) acquire by purchase or otherwise and to build, improve, enlarge, alter and maintain and to hold and to dispose of, develop, rent and manage in a lawful manner housing accommodation, factories, shops, offices and public or private buildings and works of every kind and description; (i) make streets, ways, bridges, viaducts, sewers, water pipe lines, pavements, gutters, drains and other works necessary to the development of lands for urban or suburban uses and for housing and for community development; (j) make parks, open spaces, recreation grounds or other amenities appropriate to the development of the province and to plant trees, shrubs, hedges and flowers and lay grass, make paths, monuments and other decorative matters and swimming pools or similar places for recreation; (k) obtain the installation of tramway lines, trolley bus lines, omnibus services, power and light distribution systems, street or other lights, gas distribution systems, telephone systems and the like; (l) receive, from any source, including the province, lands, buildings, money or other property, by gift or trust for public use or for the use of the corporation and to donate to the province lands, buildings, money or other property by gift or trust for public use or for the use of the government of the province; (m) lend or advance money with or without security for the purchase, construction or improvement of land or buildings of any kind; (n) receive loans from government, municipal or other bodies, public or private, including a bank or trust company, or from other persons, and to pay interest and establish sinking funds and to repay loans; (o) draw, make, accept, endorse, execute and issue promissory notes, bills of exchange and other negotiable or transferable instruments; (p) carry on operations as (i) a public housing agency, (ii) a non-profit corporation, and (iii) a limited-dividend housing company within the meaning of the National Housing Act ( Canada ); (q) acquire the assets and other property and assume the liabilities of a corporation having a purpose similar to its own purposes; (r) do other things or exercise other powers that are necessary or desirable for carrying out the purpose of this Act; and (s) exercise and discharge the other powers, functions and duties that the Lieutenant-Governor in Council assigns to it. RSN1970 c249 s25 Back to Top Leases 25. Where the corporation has by a lease granted title to property for the term of 999 years, the leasehold interest in the property shall be converted into a freehold interest in the property on the full payment to the corporation of the amount owing under the lease, except where the lessee has been informed by the lessor that the lessee has failed to satisfy or fulfil the other obligations that may be provided for in the lease. 1986 c23 s1 Back to Top Assessment of private lands 26. (1) Where a development is made by the corporation, including the laying of water and sewage pipes, the construction of roads and the making of other improvements, the corporation may, in respect of private property in a development area, make an assessment of an amount bearing the same ratio to the total cost of the development as the value of the land to be assessed bears to the total value of all land in a development area, including land of the corporation, the value of which was increased by the development. (2) In making the assessment under subsection (1), the opinion of the corporation as to the land which was increased in value by the development and the value of any land shall prevail, and subject to the approval of the Lieutenant-Governor in Council, the assessment shall be final and binding upon all parties. (3) An assessment may be made under subsection (1) even where the improvements or a part of them in respect of which it was made are at the time of the assessment or at a later time held by a municipality. (4) An assessment made under subsection (1) shall be paid by the owner of the private property to the corporation and, where the Lieutenant-Governor in Council so directs, the holder of an interest in the private property, or a person who though he or she then holds no interest in the private property held an interest at any time after the beginning of the development in respect of which the assessment was made under subsection (1), shall be liable for the payment of the assessment, but nothing in this subsection shall require the assessment to be paid more than once. (5) Private property in respect of which an assessment was made under subsection (1) may not be connected with water or sewage pipes within a development area until the assessment is paid, and the corporation may disconnect private property connected contrary to this subsection. 1981 c11 s2 Back to Top Connection to pipes 27. (1) The corporation is entitled to make connections to pipes or mains constructed by it without charge or assessment. (2) A municipal authority shall not permit private property in the jurisdiction of a municipal authority to be connected to a pipe or main constructed by the corporation until the municipal authority has received a written certificate from the corporation that the owner of that private property has paid to the corporation the amount of an assessment or other charge payable to the corporation. (3) The term "municipal authority" has the meaning assigned to it under the Housing Act. 1981 c11 s2 Back to Top Oath or affirmation 28. Members, officers and employees of the corporation shall, before entering upon their duties, take and sign, before a justice of the peace or a commissioner for oaths, an oath or affirmation of fidelity and secrecy in the form set out in the Schedule to this Act. RSN1970 c249 s26; 2018 c38 s8 Back to Top Members not to contract with corporation 29. (1) A member of the corporation shall not directly or indirectly, by himself or herself or a person in trust for the member or on his or her account, undertake or enjoy in whole or in part a contract, agreement or work with or for the corporation. (2) Subsection (1) does not apply to a member of the corporation only because of his or her being a member of a company which enters into or upon or does a contract, agreement or work with or for or otherwise has dealings with the corporation, but that member shall not vote in the meetings of the corporation in respect of that contract, agreement or work and if he or she does vote the vote shall not be counted. RSN1970 c249 s27 Back to Top Regulations 30. (1) Subject to the approval of the minister, the corporation may make regulations with respect to (a) the effective exercise of its powers, functions and duties, the management of its affairs and the conduct of its business; (b) the effective use of the property, services and facilities which it may establish, manage or control, including with respect to the maintenance of order in and about or the conduct of tenants in a building managed or controlled by it; (c) the conduct, functions and duties of its employees; and (d) other matters relating to the proper carrying out of its duties. (2) The corporation may, in regulations made under subsection (1), provide that a person who contravenes a specified provision of the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding $200 or in default of payment to imprisonment for a term not exceeding 3 months or to both a fine and imprisonment. (3) Where regulations made under this section provide for the imposition of a penalty under subsection (2), the regulations shall be subject to the approval of the Lieutenant-Governor in Council. RSN1970 c249 s28 Back to Top Financial year 31. The financial year of the corporation shall correspond to the financial year of the province. RSN1970 c249 s29 Back to Top Annual budgets 32. The corporation shall, not later than December 31 in a financial year, prepare and adopt and submit to the Lieutenant-Governor in Council through the minister a budget containing estimates of all sums required during the next financial year for the purposes of the corporation, and in each budget shall be set out the estimated revenue and expenditure in the detail and in the form that the minister prescribes. RSN1970 c249 s30 Back to Top Budget may be revised 33. Where in a financial year it appears that the actual revenue or expenditure of the corporation is likely to be substantially greater or less than estimated in its budget, the corporation may, and where required by the minister shall, submit to the Lieutenant-Governor in Council through the minister a revised budget containing the particulars required under section 32 and, in addition, the particulars of actual receipts and payments and outstanding liabilities up to the date of submission. RSN1970 c249 s31 Back to Top Minister's approval 34. (1) The Lieutenant-Governor in Council may approve or disapprove a budget submitted by the corporation. (2) Where the minister requires the corporation to submit a revised budget under section 33, the minister may notify the corporation that the approval given in respect of a budget previously submitted is withdrawn and shall state the date upon which the withdrawal takes effect. RSN1970 c249 s32 Back to Top Corporation limited to budget 35. Except with the approval of the Lieutenant-Governor in Council, the corporation shall not in a year incur, enter upon, or contract or become liable for an expenditure or indebtedness beyond or in excess of the estimated amount of expenditure set out in an approved budget. RSN1970 c249 s33 Back to Top Report to minister 36. The corporation shall, not later than September 30 in each year, prepare and submit to the Lieutenant-Governor in Council through the minister a financial statement setting out the assets and liabilities of the corporation and the receipts and expenditures of the corporation for the previous financial year, together with a report concerning the work of the corporation during the previous financial year, and the statement and report shall be laid before the Legislature within 15 days after they are submitted to the Lieutenant-Governor in Council if the Legislature is then sitting, and, if not, then within 15 days after the beginning of the next session. RSN1970 c249 s34 Back to Top Financial statement 37. The financial statement referred to in section 36 shall be signed by the chairperson, the chief executive officer and one other member of the corporation and certified by the auditor general and shall have attached to it a report which the auditor general may have made to the corporation. RSN1970 c249 s35; 2018 c38 s9 Back to Top Minutes to be kept 38. The chairperson of the corporation shall keep regular minutes of the meetings of the corporation and shall ensure that complete books of account and records are kept. RSN1970 c249 s36 Back to Top Audit of accounts 39. (1) The auditor general shall audit the accounts of the corporation and has authority to call for and shall be supplied by the corporation with all books and vouchers which he or she considers necessary for the audit. (2) When the auditor general makes an interim examination of the accounts of the corporation during the course of a financial year, he or she shall submit a report of the examination to the chairperson and the chief executive officer of the corporation and to the minister. RSN1970 c249 s37; 2018 c38 s10 Back to Top Payment of lump sum 40. (1) Land or an interest in land owned or held for the purpose of this Act by the corporation or a person on behalf of the corporation is free from taxation by a municipal authority as defined by the Housing Act, or by an authority as defined by the School Tax Act, while the land or the interest is so owned or held. (2) The corporation may, subject to the terms and conditions that the Lieutenant-Governor in Council may specify, pay or arrange for the payment annually to the municipal authority or the authority under the School Tax Act of a sum that in the opinion of the Lieutenant-Governor in Council is not in excess of the sum that would have been payable as taxes to that municipal authority or that authority in respect of the land or interest if the land or the interest were not so owned by or on behalf of the corporation. RSN1970 c249 s38 Back to Top Non-application of Public Utilities Act 41. (1) The Board of Commissioners of Public Utilities shall have no jurisdiction over the corporation under the Public Utilities Act. (2) The Lieutenant-Governor in Council may by order declare that the Public Utilities Act, or a part of it, shall apply to the corporation, and that Act or the part of it that may be prescribed in the order shall apply to the corporation. RSN1970 c249 s39 Back to Top Grant of land to corporation 42. (1) Notwithstanding the Lands Act or another Act, the Lieutenant-Governor in Council may, upon the terms and conditions and for the consideration that he or she may prescribe, assure to the corporation those Crown lands or lands belonging to the Crown or rights in the lands not then irrevocably granted, leased or otherwise alienated to a 3rd party, that may be reasonably necessary in connection with or incidental to the purposes of the corporation. (2) An assurance granted under this section may be by grant, lease or licence, or in another manner that the Lieutenant-Governor in Council may prescribe. RSN1970 c249 s40; 1991 c36 s74 Back to Top Effect of Limitations Act 43. The Limitations Act does not apply to lands or an interest in land owned or held for the purpose of this Act by the corporation. 1999 c22 s12 Back to Top Plans for members and employees 44. (1) The corporation may, by regulations made in accordance with subsection (3), establish a plan for members of the corporation and employees of the corporation providing for (a) the payment of a pension, annuity, allowance or gratuity to the person or to the person's beneficiaries or dependents on (i) his or her retirement at a stated age or on account of permanent disability, (ii) his or her illness or death before or after retirement, or (iii) the termination for any cause of his or her employment; and (b) group, life, sickness or accident insurance or other health and welfare benefits for the person; or (c) the payment or grant of the pensions, annuities, allowances, gratuities, other payments or benefits referred to in paragraphs (a) and (b); and (d) the terms and conditions upon which the pensions, annuities, allowances, gratuities, other payments or benefits referred to in paragraphs (a) and (b) will be paid or granted; and (e) the payment of contributions towards the plan to be made by the persons to whom it applies, and the amounts of the contributions, and different pension or other plans may be established for the members of the corporation and for different classes of employees. (2) Subject to the approval of the Lieutenant-Governor in Council, the corporation (a) shall decide whether the pensions, annuities, allowances, gratuities, other payments or benefits made available under a plan established under this section shall be paid or granted out of the general funds of the corporation or in another manner; and (b) may enter into a contract or undertaking and do all things necessary to give effect to a decision made in accordance with this subsection. (3) The corporation may, subject to the approval of the Lieutenant-Governor in Council, make regulations (a) providing for the matters referred to in subsection (1); (b) prescribing the class of persons to which a pension or other plan established under this section shall apply, with or without giving to the members of the class the right exercisable, within a period to be prescribed in the regulations, to elect to be excluded from the plan; (c) providing for counting towards the credit of a person under a pension or other plan all or a part of the service done by that person (i) as an established or unestablished civil servant as defined by the Civil Service Act, (ii) in another capacity approved for the purpose by the Lieutenant-Governor in Council, whether the service was done before or after May 9, 1967, and prescribe the terms and conditions upon which the service may be counted; and (d) providing that a pension or other plan shall take effect from a date occurring before May 9, 1967. RSN1970 c249 s42 Back to Top Rep. by 1992 c48 s12 45. [Rep. by 1992 c48 s12] 1992 c48 s12 Back to Top Schedule I .......................... do solemnly swear [affirm] that I will faithfully, truly and to the best of my judgment, skill and ability, execute and perform the duties required of me as a member (employee) of the Newfoundland and Labrador Housing Corporation and which properly relate to an office, position or employment in the corporation held by me. I further solemnly swear [affirm] that I will not communicate or allow to be communicated to a person not legally entitled to it information relating to the affairs of the corporation, nor will I allow a person to inspect or have access to the books or documents belonging to or in the possession of the corporation and relating to the business of the corporation. (In the case where an oath is taken, add "So help me God".) RSN1970 c249 Sch