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BILL NO. 19
Private Bill
6th Session, 56th General Assembly
Nova Scotia
46 Elizabeth II, 1997
An Act to Amend Chapter 89
of the Acts of 1980,
the Gaelic College Foundation Act
The Honourable Kenneth MacAskill
Victoria
Halifax
Printed by Queens Printer for Nova Scotia
An Act to Amend Chapter 89
of the Acts of 1980,
the Gaelic College Foundation Act
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 any provision of 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(5) Subsection 6(3) of Chapter 89 is repealed.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 simple
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".
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