BILL NO. 127

(as introduced)

1st Session, 65th General Assembly
Nova Scotia
4 Charles III, 2025

Government Bill

Protecting Nova Scotians Act

The Honourable Jill Balser
Minister of Service Nova Scotia

First Reading: September 23, 2025

(Explanatory Notes)

Second Reading: September 24, 2025

Third Reading: October 2, 2025 (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 sets out the short title of this Act.

Clause 2 removes references to "crematorium", "cremation" and "urns" in the definition of "cemetery goods or services" and removes references to "crematorium" in the definitions of "operator" and "pre-need cemetery plan".

Clauses 3 to 9

(a) correct an error; and

(b) update the language in the Act to make it gender-neutral.

Clauses 10 to 13 remove references and requirements under the Act that relate to cremation and crematoria.

Clause 14 prohibits persons from blocking, obstructing the use of or impeding access to a forest access road.

Clause 15

(a) allows the Minister of Natural Resources to remove, demolish or otherwise dispose of certain structures on Crown lands; and

(b) sets out penalties for an offence under the Act.

Clause 16

(a) adds a definition of "authorized decision-maker";

(b) updates the definition of "Minister" to the Minister of Service Nova Scotia; and

(c) changes the definition of "Registrar" from the Registrar of Embalmers and Funeral Directors to the Registrar of Funeral Homes.

Clause 17 changes a reference to the Registrar of Embalmers and Funeral Directors to the Registrar of Funeral Homes.

Clause 18 provides that the fees required for a funeral home licence must be paid to the Registrar of Funeral Homes instead of the Board of Registration of Embalmers and Funeral Directors.

Clause 19 allows the Board to make bylaws prescribing the annual fees for various licences, fees for examination and fees in respect of the regulation of apprentices.

Clause 20 updates the language in the Act to make it gender-neutral.

Clause 21

(a) provides that the authorized decision-maker has the right to make decisions about the disposition of the human remains of a deceased person;

(b) sets out requirements for a funeral director respecting the identification of human remains prior to cremation or burial;

(c) requires an operator of a funeral home that provides cremation services to maintain the retort in good working order; and

(d) prohibits an operator of a funeral home from cremating human remains unless it uses a container that meets certain requirements.

Clause 22 amends the Governor in Council's regulation-making authority by limiting regulations that prescribe fees to only fees for funeral home licences and renewals of funeral home licences, and allowing for regulations that

(a) determine the person who is the authorized decision-maker for a deceased person;

(b) prescribe the periods of time that funeral homes must retain written records or written confirmations relating to the identification of human remains;

(c) require embalmers, apprentice embalmers, funeral directors or apprentice funeral directors to complete certain education programs or courses of instruction;

(d) set out the duties of funeral homes and funeral directors relating to the cremation process and the operation of a retort;

(e) prohibit certain cremation practices;

(f) relate to the disposition of unclaimed cremated human remains that are in the possession of a funeral home;

(g) set out the requirements for the operation and maintenance of funeral homes that provide cremation services;

(h) set out the requirements for containers used in the cremation process; and

(i) relate to the records to be kept by funeral homes that provide cremation services.

Clause 23 updates the language in the Act to make it gender-neutral.

Clause 24 adds definitions of "licensee", "security employee" and "security services".

Clause 25 provides that the Minister of Service Nova Scotia has general supervision and management over security matters related to licensed premises.

Clause 26 updates language in the Act for consistency with a defined term.

Clause 27 allows the Executive Director to make inquiries or request documentation with respect to any employee of a licensee or an applicant for the purpose of assessing an application for a licence or compliance with the Act, the regulations and the terms and conditions applicable to a licence issued to the licensee.

Clause 28 sets out certain requirements for licensees who employ security employees.

Clause 29 allows the Governor in Council to make regulations respecting requirements, standards or criteria for security employees and security services, and respecting transitional matters relating to the implementation of such requirements, standards or criteria.

Clauses 30 and 31 update language in the Act for consistency with a defined term.

Clause 32 updates references to the Minister of Service Nova Scotia and the Department of Service Nova Scotia.

Clause 33 permits the disclosure, by a custodian of personal health information about an individual, of that information without the individual's consent if the disclosure will avert or minimize a significant danger rather than an imminent and significant danger.

Clause 34 changes the definition of "public housing program" to refer to the regulations.

Clause 35 provides that the Act does not apply to situations where the tenant and the landlord share a common kitchen or a common bathroom, and that in such situations the landlord or the tenant must give the other party at least seven days notice to quit the residential premises.

Clauses 36 to 38 add provisions respecting allowing tenants who are victims of domestic violence to enter into a new lease for the same residential premises upon terminating the tenancy.

Clause 39 provides for the coming into force of the Social Insurance Number Protection Act.

Clause 40 lowers the maximum permitted voltage of a light shone by a person in a wildlife habitat not owned by that person, when hunting is not permitted.

Clause 41 authorizes a conservation officer to inspect weapons and ammunition in a wildlife habitat.

Clause 42 authorizes a conservation officer to stop and inspect any vehicle or vessel in which the officer has reasonable grounds to believe is any thing to which the Act or regulations apply.

Clause 43 authorizes a conservation officer to enter and inspect any place in which the officer has reasonable grounds to believe there is any work or undertaking or any other thing to which the Act or the regulations apply.

Clause 44 updates and increases the penalties for a violation of the Act or the regulations.

Clause 45 provides for the coming into force of certain Sections of this Act.

The Schedule enacts the Social Insurance Number Protection Act.

An Act to Protect Nova Scotians

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Protecting Nova Scotians Act.

PART I

CEMETERY AND FUNERAL SERVICES ACT

2 Section 2 of Chapter 62 of the Revised Statutes, 1989, the Cemetery and Funeral Services Act, as amended by Chapter 10 of the Acts of 2014 and Chapter 30 of the Acts of 2018, is further amended by

(a) striking out "or crematorium in conjunction with the burial or cremation of human remains including grave liners, vaults, urns," in subclause (d)(i) and substituting "in conjunction with the burial of human remains, including grave liners, vaults,";

(b) striking out "or crematorium relative to the installation or provision of any of the goods referred to in subclause (i), including cremation," in subclause (d)(ii) and substituting "relative to the installation or provision of any of the goods referred to in subclause (i), including";

(d) striking out "or crematorium" wherever it appears in subclause (o)(ii).

3 Section 9 of Chapter 62, as amended by Chapter 10 of the Acts of 2014, is further amended by

(a) adding "or" immediately after "suspend";

(b) striking out "his" wherever it appears and substituting in each case "the licensee's"; and

4 Subsection 11(2) of Chapter 62 is amended by

(a) striking out "him" and substituting "the purchaser"; and

(b) striking out "his" and substituting "the purchaser's".

5 Subsection 12(1) of Chapter 62, as amended by Chapter 10 of the Acts of 2014, is further amended by striking out "his" and substituting "the purchaser's".

6 (1) Subsection 13(1) of Chapter 62 is amended by striking out "his" wherever it appears and substituting in each case "the purchaser's".

(2) Subsection 13(2) of Chapter 62, as amended by Chapter 10 of the Acts of 2014, is further amended by striking out "his" and substituting "the purchaser's".

7 Subsection 15(1) of Chapter 62 is amended by striking out "his" in clause (b) and substituting "the purchaser's".

8 Section 18 of Chapter 62 is amended by striking out "him" in clause (a) and substituting "the person".

9 (1) Subsection 24(5) of Chapter 62 is amended by striking out "him" and substituting "the Registrar".

(2) Subsection 24(6) of Chapter 62 is amended by striking out "him" and substituting "the Registrar".

10 Section 25 of Chapter 62 is amended by striking out "or crematorium".

11 Section 25A of Chapter 62 is repealed.

12 Section 26 of Chapter 62 is amended by striking out ", crematorium".

13 Subsection 28(1) of Chapter 62, as amended by Chapter 1 of the Acts of 2004, Chapter 10 of the Acts of 2014 and Chapter 30 of the Acts of 2018, is further amended by

(a) striking out "and crematoria" in clause (k);

(b) striking out clause (ka); and

PART II

CROWN LANDS ACT

14 Clause 26(7)(c) of Chapter 114 of the Revised Statutes, 1989, the Crown Lands Act, is amended by adding ", block, obstruct the use of, impede access to" immediately after "barricade".

15 Chapter 114 is further amended by adding immediately after Section 39 the following Sections:

(a) is a hazard to public health, safety or order;

(b) is harmful to the economic interests of the Crown or any person lawfully using Crown lands;

(d) is being used in any way to facilitate the obstruction or impediment of the lawful use of Crown lands by any person.

(2) Where a structure is removed, demolished or otherwise disposed of under subsection (1), the expense of the removal, demolition or disposition may be recovered by the Minister in a court of competent jurisdiction in any action for debt on behalf of the Crown against any person who erected, occupied or used the structure.

(3) A person who erects, occupies or uses a structure meeting any of the criteria in subsection (1) is guilty of an offence.

(4) Except as permitted under subsection (2), no person shall be entitled to compensation as a direct or indirect result of anything done pursuant to subsection (1).

39B A person who fails to comply with this Act or the regulations is guilty of an offence and, except as otherwise prescribed by the regulations, is liable on summary conviction to a fine of not more than fifty thousand dollars or to imprisonment for a term not more than six months, or to both.

PART III

EMBALMERS AND FUNERAL DIRECTORS ACT

16 Section 2 of Chapter 144 of the Revised Statutes, 1989, the Embalmers and Funeral Directors Act, as amended by Chapter 30 of the Acts of 2018, is further amended by

(a) relettering clause (a) as (aa) and adding immediately before clause (aa), as relettered, the following clause:

(a) "authorized decision-maker" means the person described under Section 32D;

(b) striking out "Consumer Affairs" in clause (h) and substituting "Service Nova Scotia"; and

17 Subsection 4(1) of Chapter 144, as enacted by Chapter 39 of the Acts of 2014, is amended by striking out "Embalmers and Funeral Directors" and substituting "Funeral Homes".

18 Section 13 of Chapter 144 is amended by

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

(b) striking out "All" in subsection (1), as renumbered, and substituting "Subject to subsection (2), all"; and

(2) The fees required for a funeral home licence shall be paid to the Registrar to be used for carrying out the purposes of this Act.

19 Section 14 of Chapter 144 is amended by adding immediately after clause (c) the following clauses:

(cb) respecting the fees payable by candidates for examination;

(cc) respecting the fees payable in respect of the regulation of apprentices, including the fees for the registration and assignment of apprenticeship agreements;

20 Section 26 of Chapter 144, as amended by Chapter 47 of the Acts of 2014, is further amended by striking out "hold himself or herself out as operating" and substituting "purport to operate".

21 Chapter 144 is further amended by adding immediately after Section 32C the following Sections:

32E (1) A funeral director shall

(a) before sealing human remains in a cremation container, ensure that the identification of the human remains matches the human remains that are to be cremated;

(b) before the burial of human remains, ensure that the identification of the human remains matches the human remains that are to be buried;

(d) provide a copy of the written record required under clause (c) to the funeral home for which the funeral director is conducting the burial or cremation.

(2) The operator of the funeral home that receives a copy of a written record pursuant to clause (1)(d) must retain the copy for the period of time prescribed by the regulations.

32F (1) Before a cremation takes place, a funeral director shall provide the authorized decision-maker with the opportunity to visually identify the human remains that are to be cremated.

(2) Where the authorized decision-maker waives the opportunity to visually identify the human remains, the funeral director shall obtain written confirmation from the authorized decision-maker acknowledging that the opportunity was offered but was declined.

(3) The funeral director shall provide a copy of the written confirmation required under subsection (2) to the funeral home for which the funeral director is conducting the cremation.

(4) The operator of the funeral home that receives a copy of a written confirmation pursuant to subsection (3) must retain the copy for the period of time prescribed by the regulations.

32G The operator of a funeral home that provides cremation services shall maintain its retort in good order at all times.

32H The operator of a funeral home that provides cremation services shall not cremate human remains unless the remains are enclosed in a container that

(a) is of sufficient strength to hold and conveniently transfer the remains;

(b) prevents the remains from posing a health hazard; and

22 Subsection 33(1) of Chapter 144, as amended by Chapters 10 and 47 of the Acts of 2014 and Chapter 30 of the Acts of 2018, is further amended by

(a) striking out clause (d) and substituting the following clause:

(d) prescribing the form of funeral home licences and the fees for funeral home licences;

(b) striking out clause (f);

(d) striking out "apprentices and fees payable thereon for apprenticeship in embalming and in funeral directing" in clause (h) and substituting "apprentice embalmers and apprentice funeral directors"; and

(e) adding immediately after clause (pb) the following clauses:

(pd) prescribing the periods of time for which a funeral home must retain a copy of a written record or a written confirmation in accordance with subsections 32E(2) and 32F(4);

(pe) requiring embalmers, apprentice embalmers, funeral directors or apprentice funeral directors to complete certain education programs or courses of instruction;

(pf) respecting the duties of operators of funeral homes and funeral directors relating to the cremation process and the operation of a retort;

(pg) prohibiting certain cremation practices;

(ph) respecting the disposition of unclaimed cremated human remains that are in the possession of a funeral home;

(pi) respecting the requirements for the operation and maintenance of funeral homes that provide cremation services;

(pj) respecting the requirements for containers used in the cremation process;

(pk) respecting the records to be kept by funeral homes that provide cremation services;

23 Subsection 34(1) of Chapter 144, as amended by Chapter 47 of the Acts of 2014 and Chapter 30 of the Acts of 2018, is further amended by striking out "holds himself or herself out as" wherever it appears and substituting in each case "purports to be".

PART IV

LIQUOR CONTROL ACT

24 Section 2 of Chapter 260 of the Revised Statutes, 1989, the Liquor Control Act, as amended by Chapter 28 of the Acts of 2000, Chapter 4 of the Acts of 2001, Chapter 30 of the Acts of 2002, Chapter 21 of the Acts of 2011, Chapter 8 of the Acts of 2012, Chapter 18 of the Acts of 2014, Chapter 18 of the Acts of 2022, Chapter 15 of the Acts of 2023 and Chapter 2 of the Acts of 2024, is further amended by

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

(ja) "licensee" means a person who holds a license;

and

(b) adding immediately after clause (y) the following clauses:

(yb) "security services" means the performance of any of the following activities:

(ii) the protection of property on licensed premises against harm, damage or destruction,

(iii) the observation and reporting of any unlawful activity occurring on licensed premises or in the immediate vicinity of licensed premises,

(iv) the prevention of theft or misappropriation of any goods, money or other items of value from licensed premises, and

(v) the control of access to licensed premises;

25 Clause 14(1)(a) of Chapter 260, as enacted by Chapter 28 of the Acts of 2000 and amended by Chapter 21 of the Acts of 2011, Chapter 18 of the Acts of 2014, Chapter 43 of the Acts of 2015 and Chapter 18 of the Acts of 2022, is further amended by

(a) striking out "and" at the end of subclause (ii);

(b) striking out the period at the end of subclause (iii) and substituting ", and"; and

(iv) security matters related to licensed premises;

26 Subsection 47(2) of Chapter 260, as enacted by Chapter 18 of the Acts of 2014 and amended by Chapter 43 of the Acts of 2015 and Chapter 18 of the Acts of 2022, is further amended by striking out "The holder of a license granted pursuant to this Act and that is in force" and substituting "A licensee with a valid and subsisting license".

27 Section 48 of Chapter 260, as amended by Chapter 28 of the Acts of 2000, Chapter 21 of the Acts of 2011, Chapter 18 of the Acts of 2014 and Chapter 18 of the Acts of 2022, is further amended by adding immediately after subsection (3A) the following subsection:

(a) employee of an applicant for the purpose of assessing the applicant's application for a license; and

(b) employee of a licensee for the purpose of assessing compliance with this Act, the regulations and the terms and conditions applicable to a license issued to the licensee.

28 Chapter 260 is further amended by adding immediately after Section 48 the following Section:

(a) satisfies any prescribed requirements that apply to the security employee;

(b) has sufficient knowledge of any prescribed requirements, standards or criteria that apply to the provision of security services;

(c) complies at all times with any prescribed requirements, standards or criteria that apply to the provision of security services; and

(d) complies with any other applicable requirements prescribed by the regulations.

29 Section 50 of Chapter 260, as amended by Chapter 28 of the Acts of 2000, Chapter 42 of the Acts of 2007, Chapter 21 of the Acts of 2011, Chapter 43 of the Acts of 2012, Chapter 18 of the Acts of 2014, Chapter 43 of the Acts of 2015, Chapter 18 of the Acts of 2022 and Chapter 2 of the Acts of 2024, is further amended by adding immediately after clause (h) the following clauses:

(hb) respecting any transitional matters relating to the implementation of any requirements, standards or criteria for security employees and security services;

(hc) respecting requirements for criminal background checks for employees or classes of employees;

30 Section 54 of Chapter 260, as amended by Chapter 4 of the Acts of 2001, Chapter 21 of the Acts of 2005 and Chapter 18 of the Acts of 2022, is further amended by striking out "license holder" wherever it appears and substituting in each case "licensee".

31 Subsection 80(2) of Chapter 260 is amended by striking out "license holder" and substituting "licensee".

32 Chapter 260 is further amended by striking out "and Internal Services" wherever it appears.

PART V

PERSONAL HEALTH INFORMATION ACT

33 Clause 38(1)(d) of Chapter 41 of the Acts of 2010, the Personal Health Information Act, is amended by striking out "an imminent and" and substituting "a".

PART VI

RESIDENTIAL TENANCIES ACT

34 Clause 2(fb) of Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act, is repealed and the following clause substituted:

(fb) "public housing program" has the meaning set out in the regulations;

35 Chapter 401 is further amended by adding immediately after Section 3 the following Section:

(a) the tenant shares a common kitchen, a common bathroom or both a common kitchen and a common bathroom with the landlord of the residential premises;

(b) the landlord primarily resides in the residential premises; and

(2) Where the circumstances set out in clauses (1)(a) to (c) exist, a landlord or a tenant may not give notice to quit the residential premises except in accordance with subsection (3).

(3) Where the circumstances set out in clauses (1)(a) to (c) exist, the landlord may give to the tenant or the tenant may give to the landlord notice to quit the residential premises effective not earlier than the seventh day after the date the notice to quit is given.

(4) The notice period set out under subsection (2) applies in place of the notice periods set out under Section 18 of the Tenancies and Distress for Rent Act.

36 Chapter 401 is further amended by adding immediately after Section 10E the following heading:

TENANCY PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE

37 Subsection 10F(2) of Chapter 401 is repealed.

38 Chapter 401 is further amended by adding immediately after Section 10F the following Sections:

(2) The tenant shall give the landlord the notice in accordance with subsection (1) at the same time that the tenant gives the landlord the notice to quit and certificate under subsection 10F(1).

(3) Where the tenant makes a request under subsection (1), the landlord shall not arbitrarily or unreasonably withhold consent to enter into a new lease with the tenant.

(4) Where the landlord consents to a request made under subsection (1), the new lease must be on the same terms and at the same rate of rent as the lease that was terminated under Section 10F.

10FB (1) Where a landlord wishes to deny the tenant's request to enter into a new lease for the residential premises, the landlord shall, within ten days of receiving the request, make an application to the Director under Section 13 for permission to deny the tenant's request.

(2) Notwithstanding Section 13, the one-year period referred to in that Section does not apply to an application under subsection (1).

(3) An application under subsection (1) must

(a) be in the form required by the Director; and

(b) include the landlord's reasons for denying the tenant's request.

(4) Sections 13 and 16 and subsections 17(1) to (1C) and (2) apply to an application made by the landlord under subsection (1).

(5) Within fourteen days of concluding a hearing, the Director shall make an order in accordance with subsection (6).

(6) An order made by the Director must

(a) confirm the landlord's denial of a new lease; or

(b) require the landlord to enter into a new lease with the tenant on the same terms and at the same rate of rent as the lease that was terminated under Section 10F.

(7) Where the landlord fails to comply with an order made under clause (6)(b), the landlord and tenant are deemed to have entered into a new lease on the same terms and at the same rate of rent as the lease that was terminated under Section 10F.

10FC Where the landlord does not make an application under Section 10FB within ten days after receiving a tenant's request, the landlord and tenant are deemed to have entered into a new lease on the same terms and at the same rate of rent as the lease that was terminated under Section 10F.

10FD Where the landlord and tenant have entered into a new lease under Section 10FA or are deemed to have entered into a new lease under Section 10FB or 10FC, or where the Director has made an order under clause 10FB(6)(b), and the lease that was terminated was a fixed-term lease, the day of termination of the new lease is the same as the day of termination that was stated in the fixed-term lease that was terminated.

10FE Where the landlord makes an application to the Director under Section 10FB, the tenant may continue to occupy the residential premises until the Director has issued an order under subsection 10FB(6) and the ten-day period for commencing an appeal to the Small Claims Court under subsection 17C(2) has expired.

10FF Where the landlord and tenant have entered into a new lease under Section 10FA or are deemed to have entered into a new lease under Section 10FB or 10FC, or where the Director has made an order under clause 10FB(6)(b), the landlord may request the tenant to provide a new security deposit that complies with Section 12 if the security deposit for the terminated lease was returned to the tenant in accordance with Section 12A.

10FG The landlord shall ensure that information in a certificate received from a tenant pursuant to subsection 10F(1) or 10FA(1) is kept confidential.

PART VII

SOCIAL INSURANCE NUMBER PROTECTION ACT

39 The Schedule, the Social Insurance Number Protection Act, comes into force as provided in that Schedule.

PART VIII

WILDLIFE ACT

40 (1) Subsection 69(1) of Chapter 504 of the Revised Statutes, 1989, the Wildlife Act, is amended by striking out "four and one-half" and substituting "three".

(2) Subsection 69(2) of Chapter 504 is amended by striking out "four and one-half" and substituting "three".

41 Chapter 504 is further amended by adding immediately after Section 79 the following Section:

79A To determine compliance with this Act and the regulations, a conservation officer may inspect any weapon or ammunition possessed by a person in a wildlife habitat.

42 Chapter 504 is further amended by adding immediately after Section 91 the following Section:

(2) A conservation officer may require the vehicle or vessel stopped be moved, by the route and in the manner that the officer may specify, to a place specified by the officer where an inspection can be carried out.

43 Chapter 504 is further amended by adding immediately after Section 92 the following Sections:

(a) where licences are issued;

(b) that relates to wildlife, invertebrates or fish; or

(c) that relates to hunting, trapping or fishing or to the transport, buying, possessing or selling of wildlife, invertebrates or fish.

92B Subject to Section 92C, a conservation officer may enter and inspect any place to which this Act applies to determine compliance with this Act and the regulations.

92C A conservation officer may not enter a dwelling-place under Section 92A or 92B except with the consent of the person in charge or control of the dwelling-place or under the authority of a warrant.

92D (1) During an inspection, a conservation officer may

(a) inspect wildlife, invertebrates or fish;

(b) inspect a document that is required to be kept by this Act or the regulations or that relates to wildlife, invertebrates or fish;

(c) use or cause to be used any computer system for the purpose of examining information contained in or available to the computer system, and produce or cause to be produced a printout or other output from the computer system;

(d) open and inspect any box, bag, parcel, barrel, container or other receptacle;

(e) make reasonable inquiries of any person, orally or in writing;

(f) conduct any tests or take samples that may be relevant to the inspection;

(g) make copies of any documents inspected or produced during the inspection;

(h) remove any documents or things for the purpose of making copies or of further inspection; and

(i) be accompanied and assisted by a person having special, expert or professional knowledge of any matter.

(2) A conservation officer may remove a thing, including documents that the officer is entitled to examine or copy or otherwise reproduce, but shall give a receipt to the person from whom they were taken and shall promptly return them on completion of the examination or reproduction.

(3) The owner or person in charge of, and every person found in, any place in respect of which a conservation officer is exercising inspection powers or carrying out duties under this Section shall

(a) give the conservation officer all reasonable assistance to enable the conservation officer to exercise those powers and carry out those duties; and

(b) furnish all information relative to the exercising of those powers and the carrying out of those duties that the conservation officer may reasonably require.

44 Section 111 of Chapter 504 is repealed and the following Section substituted:

(a) in the case of an individual, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term of not more than six months, or to both; or

(b) in the case of a corporation, to a fine not exceeding one million dollars.

(2) Notwithstanding subsection (1), where a person is convicted of an offence under this Act or the regulations a second or subsequent time, the person is liable to a fine not exceeding double the amount set out in that subsection.

(3) Where an offence under this Act or the regulations is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

(4) A fine imposed for an offence involving more than one species or specimen may be calculated in respect of each one as though it had been the subject of a separate information.

(5) Where a person has been convicted of an offence under this Act or the regulations and the court is satisfied that monetary benefits accrued to the person as a result of the commission of the offence,

(a) the court may order the person to pay an additional fine in an amount equal to the court's estimation of the amount of the monetary benefits; and

(b) the additional fine may exceed the maximum amount of any fine that may otherwise be imposed pursuant to this Act.

PART IX

EFFECTIVE DATE

45 (1) Sections 2 to 13, 16 to 23, 34 and 35 come into force on such day as the Governor in Council orders and declares by proclamation.

(2) Sections 24 to 32 have effect on and after June 1, 2026.

(3) Section 33 has effect on and after April 1, 2026.

SCHEDULE

An Act to Protect Nova Scotians
from the Unnecessary Collection
of Social Insurance Numbers

WHEREAS Social Insurance Numbers continue to be essential identifiers for Nova Scotians for income reporting purposes and for accessing government programs and services;

AND WHEREAS cyber-attacks and other digital security threats represent a significant risk to the safety of Nova Scotians' personal information, including Social Insurance Numbers, and this risk is increased when Social Insurance Numbers are collected unnecessarily;

THEREFORE be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Social Insurance Number Protection Act.

2 The purpose of this Act is to

(a) protect the privacy of Nova Scotians' Social Insurance Numbers; and

(b) prevent the unnecessary collection of Social Insurance Numbers by businesses and other private sector organizations.

3 In this Act, "Social Insurance Number" means the number assigned to an individual by the Canada Employment Insurance Commission under the Canada Pension Plan Act (Canada) or the Department of Employment and Social Development Act (Canada).

4 The Governor in Council may assign to a member of the Executive Council administration of this Act.

5 No person shall, in the course of commercial activities, request or collect an individual's Social Insurance Number unless the collection of the Social Insurance Number is

(a) required by law; or

(b) permitted by the regulations.

6 (1) A person who

(a) contravenes this Act or the regulations;

(b) makes a false or misleading statement to a person carrying out the person's duties and functions under this Act or the regulations; or

and every director or officer of a corporation who knowingly concurs in such contravention, making, misleading, hindering or obstruction, is guilty of an offence.

(2) A person who is guilty of an offence under this Act is liable

(a) in the case of an individual, to a fine of not more than $50,000, or such lesser penalty as may be prescribed by the regulations; and

(b) in the case of a corporation, to a fine of not more than $500,000 or such lesser penalty as may be prescribed by the regulations.

7 In a prosecution of an offence pursuant to this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused.

8 A prosecution under this Act may not be commenced more than two years after the date on which the offence was committed.

9 (1) The Governor in Council may make regulations

(a) defining "commercial activity" and specifying activities that are not commercial activities;

(b) exempting any person or class of person from this Act or any provision thereof and specifying the circumstances in which the exemption will apply;

(d) respecting the provision of information, documents, records or other things to any person designated by the regulations, including prescribing the form and manner in which the information, document or other thing must be provided and the time within which the document or thing must be provided;

(e) prescribing the period of time within which a person may retain an individual's Social Insurance Number in the person's records, including prescribing different retention periods for different classes of persons;

(f) respecting civil remedies for a contravention of this Act, including

(ii) the ability of a person to apply to the Supreme Court of Nova Scotia for an order directing a person to comply with this Act;

(g) prescribing maximum fines to which a person who is guilty of an offence under this Act is liable, including prescribing different maximum fines for repeat offenders and prescribing different maximum fines for different classes of persons;

(h) defining any word or expression used but not defined in this Act;

(i) respecting any matter the Governor in Council considers necessary or advisable to effectively carry out the intent of this Act.

(2) The exercise by the Governor in Council of the authority in subsection (1) is a regulation within the meaning of the Regulations Act.

10 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 © 2025 Crown in right of Nova Scotia. Created September 23, 2025. Send comments to legc.office@novascotia.ca.

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BILL NO. 127

(as introduced)

Protecting Nova Scotians Act

Explanatory Notes

An Act to Protect Nova Scotians

Renseignements