Part 13 — Licensing
136 Delegation to regulatory boards
(a) providing for the establishment of regulatory boards to
exercise the powers and perform the duties and functions
delegated to them under subsection (5);
(b) respecting the appointment of the directors of a regulatory
board, including, without limitation, respecting the number
of directors, the removal of directors, the terms of office of
directors and the filling of vacancies of directors;
(c) respecting the functions, powers, duties, remuneration and
benefits of directors and officers of a regulatory board;
(d) respecting whether or not a regulatory board is an agent o f
the Crown;
(e) respecting the powers of a regulatory board, including,
without limitation, regulations specifying that a board has
all the powers of a natural person;
(f) respecting any other governance matters, as the Minister
considers necessary, including, without limitation,
regulations respecting the conduct of regulatory board
meetings and decision making by the regulatory board.
(2) A regulatory board may make bylaws
(a) respecting the conduct of th e business and affairs of the
board;
(b) respecting the calling of meetings of the directors and th e
conduct of business at those meetings;
(c) respecting the appointmen t, removal, functions, powers,
duties, remuneration and benefits of directors, officers and
employees of the board;
(d) delegating to the officers of the board or any committee o f it
any powers of the board required to manage the business
and affairs of the board, except the power to make bylaws;
(e) respecting the establishment, membership, duties and
functions of special, standing and other committees.
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(3) A bylaw made by a regulatory board is not effective until it is
approved by the Minister.
(4) The Regulations Act does not apply to a bylaw of a regulatory
board.
(5) The Minister may by notice in writing to a regulatory board
(a) delegate to a regulatory boa rd any or all of the Director's
powers, duties or functions under this Act and the
regulations,
(b) impose any conditions on th e regulatory board's exercise of
the delegated powers, duties or functions that the Minister
considers appropriate, and
(c) amend or revoke the notice.
(6) Where the Minister makes a delegation under subsection (5), a
reference in this Act or the regulations to the Director with respect
to the delegated power, duty or function is to be read as if it were a
reference to the regulatory board to whom the delegation was
made.
(7) The Minister may make regulations respecting
(a) the collection of fees by a regulatory board on the
Government's behalf and their remittance to the Minister,
and
(b) the payment of a commission to a regulatory board for its
services under this subsection.
(8) A regulatory board may, with the approval of the Minister,
collect money by the levy of assessments on licensees and
designated agents as defined in section 102 for the purpose of
enabling the board to carry out the powers, duties and functions
delegated to it under subsection (5).
(9) A person may not, without the written consent of the Minister,
disclose any information that the person has obtained in the course
of exercising delegated authority under this section.
(10) No action or other proceeding for damages may be
commenced against a regulatory board, a director or employee of
the board or a person appointed or engaged to perform a duty or
exercise a power for the board
(a) for any act done in good faith in the performance or
intended performance of any duty or the exercise or
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intended exercise of any power under this Act, the
regulations or the bylaws, or
(b) for any neglect or default in the performance of the duty or
exercise of the power in good faith.
RSA 2000 cF-2 s136;2005 c9 s48;2006 c23 s28;
2017 c18 s1(15)