SNL2001 CHAPTER O-7.1 - ORDER OF NEWFOUNDLAND ANDLABRADOR ACT

SNL2001 CHAPTER O-7.1 ORDER OF NEWFOUNDLAND AND LABRADOR ACT Amended: 2001 cN-3.1 s2; 2005 c48; 2009 c45 s1; 2018 c3; 2023 cT-6.2 s332 CHAPTER O-7.1 AN ACT TO ESTABLISH THE ORDER OF NEWFOUNDLAND AND LABRADOR (Assented to May 24, 2001 ) Analysis 1. Short title 2. Definitions 3. Order established 4. Object of Order 5. Chancellor 6. Evidence of membership 7. Privileges of Order 8. Eligibility for membership 9. Nomination process 10. Council to consider nominations 11. Appointment process 12. Council established 13. Duties of the council 14. Secretary of the council 15. Resignation and termination from Order 16. Offence and penalty 17. Regulations 18. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the Order of Newfoundland and Labrador Act. 2001 cO-7.1 s1 Back to Top Definitions 2. In this Act (a) "council" means the Order of Newfoundland and Labrador Advisory Council established in section 12; (b) "Order" means the Order of Newfoundland and Labrador established in section 3; and (c) "secretary" means the secretary of the council appointed under section 14. 2001 cO-7.1 s2 Back to Top Order established 3. The Order of Newfoundland and Labrador is established. 2001 cO-7.1 s3 Back to Top Object of Order 4. The object of the Order is to recognize individuals who have demonstrated excellence and achievement in any field of endeavour benefiting in an outstanding manner the province and its residents. 2001 cO-7.1 s4 Back to Top Chancellor 5. (1) The Lieutenant-Governor, by virtue of his or her office, is a member of the Order and is the Chancellor of the Order. (2) A person who becomes a member of the Order by virtue of holding the Office of Lieutenant-Governor is a member of the Order for life, unless he or she resigns or his or her membership is terminated under section 15. 2001 cO-7.1 s5 Back to Top Evidence of membership 6. (1) On being invested into the Order, a person is a member of the Order for life unless the member resigns or his or her membership is terminated under section 15. (2) A member of the Order shall receive a certificate signed by the Chancellor and sealed with the seal of the Order as evidence of membership and shall be presented with the insignia of the Order. 2001 cO-7.1 s6 Back to Top Privileges of Order 7. A member of the Order is entitled to wear the insignia of the Order as a decoration and to use the initials "O.N.L." after his or her name. 2001 cO-7.1 s7 Back to Top Eligibility for membership 8. (1) Canadian citizens who are current or former long-term residents of the province are eligible to be nominated for and to receive the Order. (2) In addition to the individuals referred to in subsection (1), an individual who is not a Canadian citizen or current or former long-term resident of the province but who has demonstrated excellence in his or her field of endeavour, and his or her endeavours have benefited in an outstanding manner the province and its residents, may be nominated for and may be invested into the Order as an honorary member. (3) The following are not eligible to be nominated for or to receive the Order while they are in office: (a) members of the House of Assembly or the legislative assembly of a province, or members of the Senate or the House of Commons of Canada; (b) members of the St. John's Municipal Council, the Corner Brook City Council, the Mount Pearl City Council, or of a town council or local service district committee continued or established under the Towns and Local Service Districts Act or of a council of a similarly constituted local government in another province; (c) members of an assembly or local government established under a land claims agreement made under section 35 of the Constitution Act, 1982 (Canada), and members of a band council established in accordance with the Indian Act (Canada); and (d) judges of a court. (4) The Order shall not be conferred posthumously except in the case of a nominee who dies after being recommended under section 10 to receive the Order. 2001 cO-7.1 s8 ; 2009 c45 s1 ; 2023 cT-6.1 s332 Back to Top Nomination process 9. An individual or organization may nominate an individual for the Order by submitting the name of the individual to the secretary of the council. 2001 cO-7.1 s9 Back to Top Council to consider nominations 10. The council shall consider nominations received under section 9, and shall submit to the Chancellor the names of not more than 8 individuals in each year who in the opinion of the council are worthy of receiving the Order. 2001 cO-7.1 s10 Back to Top Appointment process 11. The Chancellor shall invest the individuals whose names are submitted by the council with the Order. 2001 cO-7.1 s11 Back to Top Council established 12. (1) The Order of Newfoundland and Labrador Advisory Council is established consisting of (a) the following 4 individuals, each of whom is a member by virtue of his or her office: ( i ) the Clerk of the Executive Council, (ii) the Chancellor of Memorial University of Newfoundland, (iii) the Chief Justice of Newfoundland and Labrador or, where he or she is unable to serve on the council for any reason, the Chief Justice of the Supreme Court of Newfoundland and Labrador, and (iv) the Speaker of the House of Assembly; (b) 2 individuals who are members of the Order who shall be appointed by the Lieutenant-Governor in Council, each for a term of 3 years; and (c) not more than 2 individuals appointed by the Lieutenant-Governor in Council, each for a term of 3 years. (2) The Clerk of the Executive Council shall be the chairperson of the council. (3) A member of the council appointed under paragraph (1)(b) or (c) is eligible for reappointment for one additional term and, in any event, serves until reappointed or his or her successor is appointed. (3.1) Notwithstanding paragraph (1)(b) and subsection (3), where a member of the Order is not available to serve as a member of the council, the Lieutenant-Governor in Council may appoint a person who is not a member of the Order to the council for the term referred to in paragraph (1)(b) or for the remainder of the term of the member of the Order he or she is replacing. (4) The chairperson and members of the council are not entitled to remuneration, but may be reimbursed for expenses reasonably incurred in carrying out their responsibilities, in accordance with rates established for the public service. 2001 cO-7.1 s12 ; 2001 cN-3.1 s2 ; 2005 c48 s1 ; 2018 c3 s1 Back to Top Duties of the council 13. (1) The council shall meet at least once in each year (a) for the purpose set out in section 10; and (b) for other reasons related to the Order that the council considers necessary. (2) The council may determine the procedures for the conduct of its business. (3) The deliberations of the council shall be kept confidential. 2001 cO-7.1 s13 Back to Top Secretary of the council 14. (1) The Lieutenant-Governor in Council may appoint an employee of the government to be the secretary of the council. (2) The secretary shall (a) maintain the records of the Order and the council; (b) receive nominations for the Order on behalf of the council under section 9; (c) make the arrangements associated with investitures; and (d) perform the functions with respect to the Order that the council may require. 2001 cO-7.1 s14 Back to Top Resignation and termination from Order 15. (1) A member of the Order may resign from the Order by giving written notice of intention to resign, signed by the member, to the Chancellor. (2) The Chancellor may terminate a person's membership in the Order, on the recommendation of the council, by revoking the certificate of the member. (3) A person who ceases to be a member of the Order under subsection (1) or (2) shall immediately return to the secretary the certificate and the insignia of the Order that were presented to him or her on investiture with the Order. 2001 cO-7.1 s15 ; 2018 c3 s2 Back to Top Offence and penalty 16. A person who is not a member of the Order and who (a) holds himself or herself out as a member of the Order; (b) displays or uses an insignia of the Order; or (c) uses the initials of the Order after his or her name, is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000. 2001 cO-7.1 s16 Back to Top Regulations 17. The Lieutenant-Governor in Council may make regulations (a) prescribing the insignia of the Order; (b) respecting the manner of nominating a person for membership in the Order and the consideration of nominations by the council; and (c) respecting other matters the Lieutenant-Governor in Council considers necessary to carry out the purpose of this Act. 2001 cO-7.1 s17 Back to Top Commencement 18. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council. (In force - Mar. 15/02) 2001 cO-7.1 s18