BILL NO. 78
(as passed, with amendments)
4th Session, 61st General Assembly
Nova Scotia
61 Elizabeth II, 2012
Justice Administration (2012) Act
CHAPTER 8 OF THE ACTS OF 2012
The Honourable Ross Landry
Minister of Justice
First Reading: May 4, 2012 (LINK TO BILL AS INTRODUCED)
Second Reading: May 7, 2012
Third Reading: May 11, 2012 (WITH COMMITTEE AMENDMENTS)
Royal Assent: May 17, 2012
An Act Respecting
the Administration of Justice
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Justice Administration (2012) Act.
2 Section 7 of Chapter 31 of the Acts of 2011, the Arts Nova Scotia Act, is amended by adding immediately after subsection 7(1) the following subsection:
3 Section 8 of Chapter 31 is repealed and the following Section substituted:
(2) The Board constituted pursuant to subsection (1) shall consist of at least nine and no more than eleven members and be composed of the following:
(b) no more than eight members appointed by the Minister upon recommendation of the nominating committee established pursuant to subsection 7(2).
(4) The membership of the Board must
(a) reflect the diversity found within the Province's art community; and
(b) where possible, include representation from differing art disciplines, generations and the Province's cultural mosaic including, but not limited to, representation from the African Nova Scotian, Mi'kmaq and Acadian communities and balanced representation between women and men.
4 Section 9 of Chapter 31 is repealed and the following Section substituted:
(2) Members who serve for six consecutive years, inclusive of any service on the first Board established pursuant to subsection 7(1) are eligible for re-appointment after a one-year absence from the Board.
5 Section 11 of Chapter 31 is repealed.
6 (1) Subsection 6(1) of Chapter 34 of the Acts of 2011, the Creative Nova Scotia Leadership Council Act, is amended by striking out "fifteen" in the first line and substituting "no more than sixteen".
(2) Clause 6(1)(a) of Chapter 34 is repealed and the following clause substituted:
(4) Subsection 6(3) of Chapter 31 is amended by
(a) striking out "A" in the first line and substituting "Subject to subsection (4), a"; and
(b) adding "consecutive" immediately after "six" in the second line.
(5) Subsection 6(4) of Chapter 31 is amended by striking out "the maximum term" in the first line and substituting "for six consecutive years".
7 Subsection 9(1) of Chapter 34 is amended by striking out "nominating committee" in the first line and substituting "Council".
8 Section 11 of Chapter 31 is amended by adding "and the Minister may revoke that member's appointment regardless of whether the Minister made the appointment" immediately after "revoked" in the fourth line.
9 Subsection 3(5) of Chapter 5 of the Acts of 2010, the House of Assembly Management Commission Act, is repealed and the following subsection substituted:
(a) the Deputy Government House Leader may attend in place of the Government House Leader;
(b) the deputy house leader in the House of Assembly of the Official Opposition may attend in place of the house leader in the House of Assembly of the Official Opposition;
(c) another member of the Executive Council may attend in place of a member of the Executive Council selected pursuant to clause (2)(d); and
(d) another member of the same party caucus may attend in place of a party caucus member.
10 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 and Chapter 21 of the Acts of 2011, is further amended by adding immediately after clause (z) the following clause:
11 (1) Subsection 7(1) of Chapter 260, as enacted by Chapter 4 of the Acts of 2001, is amended by(a) striking out "nine" in the second line and substituting "eleven"; and
(b) striking out "seven" in the first line of clause (a) and substituting "nine".
(2) Subsection 7(4) of Chapter 260, as enacted by Chapter 4 of the Acts of 2001, is amended by
(a) striking out "one of" in the second line and substituting "from among";
(b) adding "one member" immediately after "Directors" in the second line; and
(c) adding "and one member to be the Vice-chair" immediately after "Chair" in the third line.
(3) Section 7 of Chapter 260, as enacted by Chapter 4 of the Acts of 2001, is amended by adding immediately after subsection (4) the following subsection:
(4) Subsection 7(6) of Chapter 260, as enacted by Chapter 4 of the Acts of 2001, is amended by adding ", the Vice-chair" immediately after "Chair" in the first line.12 Subsection 7A(1) of Chapter 260, as enacted by Chapter 4 of the Acts of 2001, is amended by adding "and Vice-chair" immediately after "Chair" in the first line.
13 Subsection 7B(1) of Chapter 260, as enacted by Chapter 4 of the Acts of 2001, is repealed and the following subsection substituted:
15 Section 21 of Chapter 260, as enacted by Chapter 4 of the Acts of 2001, is amended by striking out "2002" in the second and in the seventh lines and substituting in each case "2003".
16 Section 22 of Chapter 260, as enacted by Chapter 4 of the Acts of 2001, is amended by striking out "On or before the thirty-first day of January, 2003, and annually thereafter if required by the Minister" in the first, second and third lines and substituting "Annually at such time as the Minister may prescribe".
17 Subsection 23(1) of Chapter 260, as enacted by Chapter 4 of the Acts of 2001, is amended by striking out "2006" in the second line and substituting "2008".
18 (1) Subsection 2B(1N) of C hapter 450 of the Revised Statutes, 1989, the Summary Proceedings Act, as enacted by Chapter 30 of the Acts of 2002, is amended by striking out "(1L)" in the second line and substituting "(1M)".
(2) Subsection 2B(1O) of Chapter 450, as enacted by Chapter 30 of the Acts of 2002, is amended by striking out "(1L)" in the third line and substituting "(1M)".
19 Subsection 10(1) of Chapter 450 is repealed and the following subsection substituted:
20 Section 2 of Chapter 466, as amended by Chapter 28 of the Acts of 2000 and Chapter 17 of the Acts of 2004, is further amended by
(a) adding immediately after clause (d) the following clauses:
(db) "film classifier" means a person appointed to classify films under this Act;
(c) striking out clause (e) and substituting the following clause:
(d) striking out "Environment and Labour" in the first and second lines of clause (ea) and substituting "Service Nova Scotia and Municipal Relations"; and(e) adding immediately after clause (j) the following clause:
21 Subsection 4(1) of Chapter 466, as amended by Chapter 17 of the Acts of 2004, is further amended by adding immediately after clause (ca) the following clause: 22 (1) Subsection 5(2) of Chapter 466 is amended by(a) striking out the period at the end of clause (c) and substituting a semicolon; and
(b) adding immediately after clause (c) the following clause:
(2) Subsections 5(3) to (6) of Chapter 466 are repealed and the following subsections substituted:(4) In appointing persons pursuant to subsection (3), the Minister may
(a) fix the term of the member's appointment; and
(b) fix the remuneration to be paid to the member.
(5) At the request of the Minister, members of the Film Classification Board shall in accordance with the criteria prescribed by the regulations, classify a film by
(a) viewing the film and establishing a classification for it; or
(b) reviewing documentation or other information describing the content of the film and establishing a classification for the film.
(6) The Minister may appoint an employee of the Department and authorize the employee to
(a) classify a film in accordance with subsection (5); or
(b) adopt a classification established by another person or body for a film.
(6A) Where an employee of the Department has adopted a classification pursuant to clause (6)(b), the Minister may request that the employee review that classification in accordance with clause (5) at any time and either
(a) confirm the classification; or
(b) rescind the classification and classify the film in accordance with the regulations;
(6B) Any power mentioned in subsection (2) to (6A) may be exercised, notwithstanding the previously permitted use, exhibition, sale, lease, rental, exchange or distribution of the film or that a license is in force.
(6C) There is an appeal from a decision of the Film Classification Board, a film classifier appointed under subsection (6) or the Minister to the Nova Scotia Utility and Review Board, and subject to the conditions prescribed by regulation of the Governor in Council.
(6D) The Minister may appoint inspectors for the purpose of this Act and the regulations.
(3) Subsection 5(7) of Chapter 466 is amended by striking out "The Inspector" in the first line and substituting "An inspector".
(4) Subsection 5(8) of Chapter 466 is amended by
(a) striking out "The Inspector" in the first line and substituting "An inspector"; and
(b) striking out "Governor in Council" in the second line and substituting "Minister".
(5) Subsections 5(9) and (10) of Chapter 466 are repealed and the following subsection substituted:
(a) striking out "sticker" in the second line; and
(b) striking out "by the Minister" in the first line and substituting "in accordance with this Act and regulations".
24 Sections 14 and 15 of Chapter 466 are repealed.
25 Section 20 of Chapter 466 is amended by adding immediately after subsection (1) the following subsection:
27 Section 25 of Chapter 466, as amended by Chapter 28 of the Acts of 2000, is further amended by striking out "by the Minister" in the fourth line and substituting "in accordance with this Act and regulations".
28 Persons appointed as assistant inspectors under the Theatres and Amusements Act before the coming into force of this Act are inspectors for the purpose of the Theatres and Amusements Act.
29 Sections 13 and 20 to 28 come 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 © 2012 Crown in right of Nova Scotia. Created May 15, 2012. Send comments to legc.office@novascotia.ca.
