BILL NO. 115

8 (1) A phased-development condominium is exempt from the subdivision-approval requirements of the Municipal Government Act if the phased-development condominium meets the requirements, if any, prescribed by the regulations.

(2) The acceptance for registration of a phase of a phased-development condominium constitutes a subdivision of land and creates a lot as described in the description of that phase.

(3) Upon the acceptance for registration of each subsequent phase of a phased-development condominium, the subsequent phase is consolidated into one lot with all phases of the phased-development condominium previously accepted for registration.

(4) Where a phased-development condominium was accepted for registration before the coming into force of this Section, a failure to comply with the subdivision-approval requirements of the Municipal Government Act, or the former Planning Act, or a regulation or by-law made thereunder does not affect the creation of a title or interest in real property conveyed, or purported to have been conveyed, by deed, lease, mortgage or other instrument.

(be) prescribing the conditions a phased-development condominium must meet, and prescribing the information or documents to be provided to the Registrar, in order to be exempt from the subdivision-approval requirements of the Municipal Government Act;

292 Any person who violates any of the provisions of Section 14, 18, 30, 31, 34, 35 or 58, subsection (3) of Section 71, subsection (2) of Section 78, Section 95, 127, 128, 143, 144, 146, 148, 155 or 156, subsection (1) of Section 158 or Section 159, 160, 162, 166, 167, 168, 169, 170A, 171, 172, 182 or 183 is guilty of an offence and liable on summary conviction to the penalties provided for a category A offence in the Summary Proceedings Act.

293 Any person who violates any of the provisions of Section 16, 28, 37, 38, 40, 50, 61 or 69, subsection (2) of Section 83, Section 90, 93, 113, 118, 119, 120, 122, 123, 126, 129, 133, 134 or 135, subsection (1) of Section 136 or Section 138, 139, 140, 141, 151, 161, 165, 174, 175, 178, 179, 181A, 184, 185, 186, 187, 198, 201, 202 or 246 is guilty of an offence and liable on summary conviction to the penalties provided for a category B offence in the Summary Proceedings Act.

294 Any person who violates any of the provisions of Section 19, 23, 24, 26, 27, 29, 65 or 70, subsection (1) of Section 83, Section 94 or 96, subsection (4) of Section 103, Section 106A, 110, 111, 112, 116, 117, 121, 124, 130, 132, 145, 150, 164, 170, 181 or 188, subsection (1) of Section 191, subsection (4) of Section 192, Section 199 or 200, subsection (9) of Section 201 or Section 204, 242, 260, 289 or 290 is guilty of an offence and liable on summary conviction to the penalties provided for a category C offence in the Summary Proceedings Act.

295 Any person who violates any of the provisions of Section 6, 11, 13, 56, 57, 60, 64, 75, 76 or 82, subsection (10) of Section 98, Section 99, 99A, 102, subsection (1) of Section 103, Section 106B, 107, 107A, 114, 115, 190 or 210, subsection (3) of Section 280 or Section 303 is guilty of an offence and liable on summary conviction to the penalties provided for a category D offence in the Summary Proceedings Act.

296 Any person who violates any of the provisions of Section 47, 63 or 108 is guilty of an offence and liable on summary conviction to the penalties provided for a category E offence in the Summary Proceedings Act.

297 Any person who violates any of the provisions of Section 32, 33, 97, 100, 100A, 100B or 101, subsection (3) of Section 103, Section 106C, 107B, 125 or 125A, subsection (2) of Section 136 or Section 163, 173, 182A or 303H is guilty of an offence and liable on summary conviction to the penalties provided for a category F offence in the Summary Proceedings Act.

298 Any person who violates any of the provisions of Section 41, 43, 53, 80 or 97, subsection (11) of Section 98, subsection (8) of Section 201, Section 214, subsection (4) of Section 279, subsection (1) or (2) of Section 287 or Section 301 is guilty of an offence and liable on summary conviction to the penalties provided for a category G offence in the Summary Proceedings Act.

299 Any person who violates any of the provisions of Section 230 is guilty of an offence and liable on summary conviction to the penalties provided for a category H offence in the Summary Proceedings Act.

299A Any person who violates any of the provisions of Section 46, 49 or 51 is guilty of an offence and liable on summary conviction to the penalties provided for a category I offence in the Summary Proceedings Act.

299B An individual who is in default of payment of a fine imposed as a penalty pursuant to Sections 292 to 299A may be imprisoned for

(a) two days if the amount of the fine is less than one hundred dollars; or

(b) two days plus one day for each fifty dollars or part thereof over one hundred dollars if the amount of the fine is more than one hundred dollars, to a maximum of one hundred and eighty days.

(ia) resulting from the acceptance for registration by the Registrar of Condominiums of a phase of a phased-development condominium that meets the requirements, if any, prescribed by the regulations made pursuant to the Condominium Act;

(ia) "Small Claims Court" means the Small Claims Court of Nova Scotia;

17B (1) Where no appeal is made pursuant to Section 17C, a decision or order made by the Director under this Act may be made an order of the Small Claims Court and may be enforced in the same manner as any order or judgment of that Court.

(2) To make a decision or order made by the Director an order of the Small Claims Court, the Director shall endorse a copy of the decision or order certified by the Director to be a true copy as follows:

Make the within an order of the Small Claims Court.

Dated this . . . . . . day of . . . . . . . . . . . . . . . . , 20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Director of Residential Tenancies

(3) The Director may forward the decision or order so endorsed to a clerk of the Small Claims Court who shall, upon receipt thereof, enter the same as a record and it thereupon becomes and is an order of the Small Claims Court and enforceable as any order or judgment thereof.

(3) The appellant shall serve each party to the order and the Director with the notice of appeal and the notice of hearing.

(3A) Service of all documents may be by personal service or such other manner of service or substituted service permitted pursuant to the Small Claims Court Act.

(2) An appeal pursuant to subsection (1) may only be taken on the ground of

(a) jurisdictional error;

(b) error of law; or

(c) failure to follow the requirements of natural justice.

(iii) for any remedy authorized or directed by an Act of the Legislature in respect of matters or things that are to be determined pursuant to this Act;

(ab) governing the practice and procedures of appeals from orders of the Director of Residential Tenancies pursuant to the Residential Tenancies Act;

(a) where an enactment makes an offence punishable as a category A offence, a judge shall impose a fine of not less than twenty-five dollars for the first offence, not less than fifty dollars for the second offence and not less than one hundred dollars for the third or a subsequent offence;

(b) where an enactment makes an offence punishable as a category B offence, a judge shall impose a fine of not less than fifty dollars for the first offence, not less than one hundred dollars for the second offence and not less than two hundred dollars for the third or a subsequent offence;

(c) where an enactment makes an offence punishable as a category C offence, a judge shall impose a fine of not less than one hundred dollars for the first offence, not less than two hundred dollars for the second offence and not less than four hundred dollars for the third or a subsequent offence;

(d) where an enactment makes an offence punishable as a category D offence, a judge shall impose a fine of not less than one hundred and fifty dollars for the first offence, not less than three hundred dollars for the second offence and not less than six hundred dollars for the third or a subsequent offence;

(e) where an enactment makes an offence punishable as a category E offence, a judge shall impose a fine of not less than two hundred dollars for the first offence, not less than four hundred dollars for the second offence and not less than six hundred dollars for the third or a subsequent offence;

(f) where an enactment makes an offence punishable as a category F offence, a judge shall impose a fine of not less than two hundred and fifty dollars for the first offence, not less than five hundred dollars for the second offence and not less than one thousand dollars for the third or a subsequent offence;

(g) where an enactment makes an offence punishable as a category G offence, a judge shall impose a fine of not less than five hundred dollars for the first offence, not less than one thousand dollars for the second offence and not less than two thousand dollars for the third or a subsequent offence;

(h) where an enactment makes an offence punishable as a category H offence, a judge shall impose a fine of not less than seven hundred and fifty dollars for the first offence, not less than fifteen hundred dollars for the second offence and not less than three thousand dollars for the third or a subsequent offence;

(i) where an enactment makes an offence punishable as a category I offence, a judge shall impose a fine of not less than one thousand dollars for the first offence, not less than two thousand dollars for the second offence and not less than four thousand dollars for the third or a subsequent offence.

3 (1) A trustee may invest trust property in any form of property or security in which a prudent investor might invest, including a security issued by a mutual fund as defined in the Securities Act.

(2) Subsection (1) does not authorize a trustee to invest in a manner that is inconsistent with the trust.

(3) A trustee may have regard to the following criteria in planning the investment of trust property, in addition to any others that are relevant to the circumstances:

(a) general economic conditions;

(b) the possible effect of inflation or deflation;

(c) the expected tax consequences of investment decisions or strategies;

(d) the role that each investment or course of action plays within the overall trust portfolio;

(e) the expected total return from income and the appreciation of capital;

(f) other resources of the beneficiaries;

(g) needs for liquidity, regularity of income and preservation or appreciation of capital;

(h) an asset's special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries.

3A In investing trust property, a trustee must exercise the care, skill, diligence and judgment that a prudent investor would exercise in making investments.

3B A trustee must diversify the investment of trust property to an extent that is appropriate having regard to

(a) the requirements of the trust; and

(b) general economic and investment market conditions.

3C A trustee is not liable for a loss to the trust arising from the investment of trust property if the conduct of the trustee that led to the loss conformed to a plan or strategy for the investment of the trust property, comprising reasonable assessments of risk and return, that a prudent investor could adopt under comparable circumstances.

3D A court assessing the damages payable by a trustee for a loss to the trust arising from the investment of trust property may take into account the overall performance of the investments.

3E (1) A trustee may obtain advice in relation to the investment of trust property.

(2) It is not a breach of trust for a trustee to rely upon advice obtained under subsection (1) if a prudent investor would rely upon the advice under comparable circumstances.

3F (1) In this Section, "agent" includes a stockbroker, investment dealer, investment counsel and any other person to whom investment responsibility is delegated by a trustee.

(2) A trustee may delegate to an agent the degree of authority with respect to the investment of trust property that a prudent investor might delegate in accordance with ordinary business practice.

(3) A trustee who delegates authority under subsection (2) must exercise prudence in

(a) selecting the agent;

(b) establishing the terms of the authority delegated; and

(c) monitoring the performance of the agent to ensure compliance with the terms of the delegation.

(4) In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation.

(5) A trustee who complies with the requirements of subsection (3) is not liable to the beneficiaries or to the trust for the decisions or actions of the agent to whom the function was delegated.

(6) This Section does not authorize a trustee to delegate authority under circumstances in which the trust requires the trustee to act personally.

(7) Investment in a security issued by a mutual fund as defined in the Securities Act or in a similar investment is not a delegation of authority with respect to the investment of trust property.