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Maritime Provinces Harness Racing Commission Act (amended)

BILL NO. 22

(as introduced)

2nd Session, 62nd General Assembly
Nova Scotia
63 Elizabeth II, 2014



Government Bill



Maritime Provinces Harness Racing Commission Act
(amended)



The Honourable Keith Colwell
Minister of Agriculture



First Reading: October 8, 2014

(Explanatory Notes)

Second Reading: October 20, 2014

Third Reading: October 31, 2014 (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 changes the long title of the Maritime Provinces Harness Racing Commission Act to reflect the change of the Maritime Provinces Harness Racing Commission to the Atlantic Provinces Harness Racing Commission.

Clause 2 changes the short title of the Act to reflect the change in the Commission.

Clause 3 replaces a reference to the "Maritime Provinces" with "Atlantic Provinces".

Clause 4

(a) adds a definition of "Atlantic Provinces";

(b) replaces a reference to "Maritime Provinces" with "Atlantic Provinces";

(c) replaces the definition of "Council" with one that includes all of the Atlantic Premiers; and

(d) removes the definition of "Maritime Provinces".

Clause 5 clarifies that the Council of Maritime Premiers established the Maritime Provinces Harness Racing Commission and that the Council of Atlantic Premiers will take over the appointment of members to the new Atlantic Provinces Harness Racing Commission.

Clause 6 increases the size of the Commission from 6 to 8 members and replaces a reference to "Maritime Provinces" with "Atlantic Provinces".

Clause 7 increases the quorum of the Commission from 4 to 5 members and replaces a reference to "Maritime Provinces" with "Atlantic Provinces".

Clause 8 requires the Commission to submit its annual budget to the Council of Atlantic Premiers which will include it in the budget the Council submits to the Governor in Council.

Clauses 9 and 10 replace "Maritime Provinces" with "Atlantic Provinces".

Clause 11 permits the Commission to authorize members of the former Maritime Provinces Harness Racing Commission to conclude a matter that was before it.

Clause 12

(a) confirms that the assets, rights, duties, obligations and liabilities of the Maritime Provinces Harness Racing Commission are unaffected by its change of name; and

(b) provides that a reference to the Maritime Provinces Harness Racing Commission in any enactment is a reference to the Atlantic Provinces Harness Racing Commission once this Act comes into force.

Clause 13 provides that this Act comes into force on proclamation.

An Act to Amend Chapter 8
of the Acts of 1993,
the Maritime Provinces
Harness Racing Commission Act

Be it enacted by the Governor and Assembly as follows:

1 The title of Chapter 8 of the Acts of 1993, the Maritime Provinces Harness Racing Commission Act, is amended by striking out "Maritime" in the second line and substituting "Atlantic".

2 Section 1 of Chapter 8 is amended by striking out "Maritime" in the first line and substituting "Atlantic".

3 Section 2 of Chapter 8, as amended by Chapter 35 of the Acts of 2002, is further amended by striking out "Maritime" in the last line and substituting "Atlantic".

4 Subsection 3(1) of Chapter 8, as amended by Chapter 40 of the Acts of 1994 and Chapter 35 of the Acts of 2002, is further amended by

(a) adding immediately after clause (a) the following clause:

(aa) "Atlantic Provinces" means the Province of Nova Scotia, the Province of New Brunswick, the Province of Prince Edward Island and the Province of Newfoundland and Labrador;

(b) striking out "Maritime" in the first line of clause (b) and substituting "Atlantic";

(c) striking out clause (c) and substituting the following clause:

(c) "Council" means the Council of Atlantic Premiers established by a memorandum of understanding dated May 15, 2000;

and

(d) striking out clause (f).

5 Section 4 of Chapter 8 is amended by

(a) adding "(1)" immediately after the Section number;

(b) adding "of Maritime Premiers established pursuant to the Council of Maritime Premiers Act" immediately after "Council" in the first line; and

(c) adding the following subsection:

(2) The Maritime Provinces Harness Racing Commission, established pursuant to subsection (1), is continued as the Atlantic Provinces Harness Racing Commission with jurisdiction throughout the Atlantic Provinces and, notwithstanding subsection (1), the Council of Atlantic Premiers shall appoint its members.

6 (1) Subsection 5(1) of Chapter 8 is amended by striking out "six" in the first line and substituting "eight".

(2) Subsection 5(3) of Chapter 8 is amended by striking out "Maritime" in the last line and substituting "Atlantic".

7 Subsection 6(2) of Chapter 8 is amended by

(a) striking out "Four" in the first line and substituting "Five"; and

(b) striking out "Maritime" in the second and third lines and substituting "Atlantic".

8 Subsection 8(3) of Chapter 8 is amended by striking out "pursuant to Section 6 of the Council of Maritime Premiers Act" in the third and fourth lines and substituting "to the Governor in Council".

9 Section 17 of Chapter 8, as amended by Chapter 40 of the Acts of 1994, is further amended by striking out "Maritime" in the second line and substituting "Atlantic".

10 (1) Subsection 19(1) of Chapter 8, as amended by Chapter 35 of the Acts of 2002, is further amended by striking out "Maritime" in the second line and substituting "Atlantic".

(2) Subsection 19(2) of Chapter 8 is amended by striking out "Maritime" in the third line and substituting "Atlantic".

11 Notwithstanding Section 20 of Chapter 8, the Atlantic Provinces Harness Racing Commission may authorize members of the Commission who were members of the Maritime Provinces Harness Racing Commission to bring a matter to a conclusion in accordance with Chapter 8.

12 (1) For greater certainty, no assets, rights, duties, obligations or liabilities of the Maritime Provinces Harness Racing Commission are in any way affected by the change of name made by this Act and those assets, rights, duties, obligations and liabilities continue to be vested in and are binding upon it under the name "Atlantic Provinces Harness Racing Commission".

(2) Upon the coming into force of this Act, any reference in any Act, other than this Act, or in any regulation, rule, order or by-law or in any public or private document of any type whatsoever to the "Maritime Provinces Harness Racing Commission" under that name or any other name that was previously used, authorized or referenced in any statute, shall, as regards any subsequent transaction, matter or thing, be held and construed to be a reference to "Atlantic Provinces Harness Racing Commission".

13 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

 


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2014 Crown in right of Nova Scotia. Created October 8, 2014. Send comments to legc.office@novascotia.ca.