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BILL NO. 1

(as passed, with amendments)

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

 

Government Bill

 

An Act Respecting Government
Organization and Administration

 

CHAPTER 8 OF THE ACTS OF 2025

 

The Honourable Tim Houston
Premier

 

First Reading: February 18, 2025 (LINK TO BILL AS INTRODUCED)

Second Reading: March 4, 2025

Third Reading: March 24, 2025 (WITH COMMITTEE AMENDMENTS)

Royal Assent: March 26, 2025

An Act Respecting Government
Organization and Administration

Be it enacted by the Governor and Assembly as follows:

PART I

CIVIL SERVICE ACT

1 Section 2 of Chapter 70 of the Revised Statutes, 1989, the Civil Service Act, as amended by Chapter 38 of the Acts of 1993, Chapter 4 of the Acts of 2001 and Chapter 14 of the Acts of 2015, is further amended by adding immediately after clause (da) the following clause:

    (db) "department" means a department, office, special operating agency or other body created or continued under the Public Service Act;

2 Section 25 of Chapter 70 is repealed and the following Section substituted:

    25 Notwithstanding any other enactment, including the Labour Standards Code, but subject to the terms of a collective agreement, a deputy head may dismiss an employee in the department without cause and compensate the employee in accordance with the regulations.

3 Clause 45(1)(n) of Chapter 70 is repealed and the following clauses substituted:

    (n) procedures for suspension for cause;

    (na) procedures for dismissal with or without cause;

PART II

ELECTIONS ACT

4 Section 29A of Chapter 5 of the Acts of 2011, the Elections Act, is repealed.

PART III

EXECUTIVE COUNCIL ACT

5 Section 3 of Chapter 155 of the Revised Statutes, 1989, the Executive Council Act, as enacted by Chapter 29 of the Acts of 2021 and amended by Chapter 6 of the Acts of 2024, is further amended by

(a) striking out "Nova Scotia" in clause (i);

(b) striking out clause (k) and substituting the following clause:

    (k) the Minister of Cyber Security and Digital Solutions;

(c) striking out clause (l);

(d) adding immediately after clause (ma) the following clause:

    (mb) the Minister of Energy;

(e) striking out "Initiatives" in clause (o);

(f) adding immediately after clause (r) the following clause:

    (ra) the Minister of Growth and Development;

(g) striking out "and Housing" in clause (x);

(h) striking out "and Renewables" in clause (y);

(i) adding immediately after clause (y) the following clause:

    (ya the Minister of Opportunities and Social Development;

(j) striking out clause (z);

(k) striking out clause (ad); and

(l) adding immediately after clause (ae) the following clause:

    (aea) the Minister of Service Efficiency;

6 (1) Subsection 6(2) of Chapter 155, as amended by Chapter 6 of the Acts of 2017, is further amended by adding "or office or offices" immediately after "departments".

(2) Subsection 6(3) of Chapter 155, as amended by Chapter 2 of the Acts of 2010, is further amended by striking out "in monthly instalments".

7 Section 7 of Chapter 155 is repealed and the following Section substituted:

    7 (1) There must be paid to every member of the Executive Council not having charge of a department or office an annual salary in the amount provided under the House of Assembly Act.

    (2) The salary referred to in subsection (1) commences on the first day of the month in which the member takes office and is discontinued on the earlier of

    (a) the last day of the month in which the member ceases to hold the office in respect of which the salary is paid; and

    (b) the first day of the month in which the member is appointed the head of a department or office.

    (3) There must be paid to every member of the Executive Council not in charge of a department or office a sum sufficient to indemnify the member for the member's expenses incurred by reason of the member's duties as a member of the Council.

    (4) Where a member of the Executive Council not having charge of a department or office attends at meetings of the Council on fewer than thirty-six days on which such meetings are held, there must be deducted from the salary mentioned in subsection (1) the sum of seventy-five dollars in respect of each day short of thirty-six on which the member failed to attend.

    (5) Where pursuant to Section 4 of the Public Service Act an affair or matter is assigned to a member of the Executive Council not in charge of a department, there must be paid to the member a supplementary allowance of an amount or at a rate determined by the Governor in Council.

8 Section 9A of Chapter 155, as enacted by Chapter 14 of the Acts of 2009, is amended by adding "(1)" immediately after the Section number and adding the following subsections:

    (2) There shall be paid to every ministerial assistant in addition to the amounts to which the ministerial assistant is entitled under the House of Assembly Act an annual salary in the amount determined pursuant to Section 45A of that Act.

    (3) The salary under subsection (2) shall be payable out of the General Revenue Fund of the Province, commencing as of the first day of the month in which the ministerial assistant is appointed and being discontinued as of the last day of the month in which the ministerial assistant ceases to hold the position of ministerial assistant.

    (4) Every ministerial assistant shall be paid from the General Revenue Fund of the Province a sum sufficient to indemnify the ministerial assistant for reasonable expenses incurred for travelling or otherwise in the discharge of the ministerial assistant's official duties.

PART IV

FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

9 Section 6 of Chapter 5 of the Acts of 1993, the Freedom of Information and Protection of Privacy Act, is repealed and the following Sections substituted:

    6 (1) A person may obtain access to a record by

    (a) making a request in writing to the public body that has the custody or control of the record;

    (b) specifying the topic or issue of the requested record with sufficient particulars and making reasonable efforts to list particulars, such as time, place, event and subject, to enable an individual familiar with the topic or issue to identify the record; and

    (c) paying any fees required pursuant to Section 11.

    (2) For greater certainty, a request for access to a record must specify the record requested or, where the record in which the relevant information may be contained is not known to the applicant, provide sufficient particulars and making reasonable efforts to list particulars, such as time, place, event and subject, to enable a person familiar with the topic or issue to identify the requested record.

    (3) For greater certainty, where a request is made for records in the form of electronic mail written by a person or between persons, the request must specify the topic or issue of the requested records with reasonable efforts to list particulars, such as time, place, event and subject.

    (4) The applicant may ask to examine the record or ask for a copy of the record.

    6A (1) Subject to clause 7(1)(a), the head of the public body to which one or more requests are made under Section 6 may disregard the requests if the applicant does not provide sufficient particulars in accordance with subsection 6(1).

    (2) The head of a public body may apply to the Review Officer for approval to disregard one or more requests for access if the head is of the opinion that

    (a) the requests are trivial, frivolous or vexatious;

    (b) the requests are for information already provided to the applicant;

    (c) the requests amount to an abuse of the right to make a request because they are

      (i) unduly repetitive or systematic,

      (ii) excessively broad or incomprehensible, or

      (iii) otherwise not made in good faith; or

    (d) responding to the requests would unreasonably interfere with the operations of the public body and the requests are repetitious or systematic in nature.

    6B An application under subsection 6A(2) must be made within fourteen days of the receipt of an application for access.

    6C The Review Officer shall, within fourteen days after receiving an application under Section 6A, decide whether to approve the application and provide a written report of the Review Officer's decision to the head of the public body.

    6D Where the Review Officer does not approve an application under Section 6A, the head of the public body shall respond to the requests for access in the manner required by this Act.

    6E Where the Review Officer approves an application under Section 6A, the head of the public body shall notify the applicant that

    (a) the applicant's requests are disregarded and the reason;

    (b) the Review Officer has approved the decision of the head of the public body to disregard the requests; and

    (c) the applicant may appeal the decision of the head of the public body to the Supreme Court pursuant to Section 41.

10 Chapter 5 is further amended by adding immediately after Section 9 the following Section:

    9A The calculation of time within which an action must be taken by the head of a public body under Section 6A, 7, 9 or 25A is suspended during the periods between

    (a) when an application for approval is made to the Review Officer under Section 6A and when the Review Officer provides a written report to the head of the public body under Section 6C;

    (b) when an application for approval is made to the Review Officer under Section 25A and when the Review Officer provides a written report to the head of the public body under Section 25C; and

    (c) when a request for review is filed with the Review Officer under Section 34 and when the Review Officer provides a written report to the head of the public body or otherwise disposes of the review.

11 Chapter 5 is further amended by adding immediately after Section 25 the following Sections:

    25A The head of a public body may apply to the Review Officer for approval to disregard one or more requests for correction of the applicant's personal information if the head is of the opinion that

    (a) the requests are trivial, frivolous or vexatious;

    (b) the personal information has already been corrected;

    (c) the requests amount to an abuse of the right to make a request because they are

      (i) unduly repetitive or systematic,

      (ii) excessively broad or incomprehensible, or

      (iii) otherwise not made in good faith; or

    (d) responding to the requests would unreasonably interfere with the operations of the public body and the requests are repetitious or systematic in nature.

    25B An application under Section 25A must be made within fourteen days of the receipt of the requests for correction.

    25C The Review Officer shall, within fourteen days after receiving an application under Section 25A, decide whether to approve the application and provide a written report of the Review Officer's decision to the head of the public body.

    25D Where the Review Officer does not approve an application under Section 25A, the head of the public body shall respond to the requests in the manner required by this Act.

    25E Where the Review Officer approves an application under Section 25A, the head of the public body shall notify the applicant that

    (a) requests are disregarded and the reason;

    (b) the Review Officer has approved the decision of the head of the public body to disregard the requests; and

    (c) the applicant may appeal the decision of the head of the public body to the Supreme Court pursuant to Section 41.

12 Chapter 5 is further amended by adding immediately after Section 37 the following Sections:

    37A The Review Officer may, at any stage of a review, refuse to conduct the review or discontinue the review for whatever reason the Review Officer considers proper or necessary, including if the Review Officer is of the opinion that

    (a) the institution has responded adequately to the matter;

    (b) the matter has been or could be more appropriately dealt with, initially or completely, by means of a procedure other than a complaint or review under this Act;

    (c) there is insufficient evidence to warrant a review;

    (d) the review is trivial, frivolous or vexatious or is made in bad faith;

    (e) the subject-matter of the review is already the object of an ongoing review; or

    (f) the subject-matter of the review has already been addressed by the Review Officer.

    37B Upon the Review Officer making a decision under Section 37A, the Review Officer shall

    (a) notify the applicant that the Review Officer has refused to conduct the review or discontinued the review, as the case may be;

    (b) give the applicant the reasons for the Review Officer's decision; and

    (c) inform the applicant that the applicant may file a request for judicial review with the Supreme Court respecting the decision.

13 Subsection 41(1) of Chapter 5 is amended by striking out "40" and substituting "6E, 25E or 40".

PART V

HOUSE OF ASSEMBLY ACT

14 Clause 2(1)(ea) of Chapter 1 of the Revised Statutes, 1989, the House of Assembly Act, as enacted by Chapter 36 of the Acts of 2014, is amended by striking out "one hundred" and substituting "fifty".

15 Subsection 14(3) of Chapter 1 is amended by striking out "the Deputy" and substituting "a Deputy".

16 Section 16 of Chapter 1 is amended by

(a) striking out "the Deputy" the first time it appears and substituting "a Deputy"; and

(b) adding "whom the Deputy Speaker replaced" immediately after "the previous Deputy Speaker".

17 (1) Clause 42(1)(b) of Chapter 1 is amended by striking out "the" and substituting "a".

(2) Subsection 42(2) of Chapter 1, as amended by Chapter 2 of the Acts of 2010, is further amended by striking out "the Deputy" and substituting "a Deputy".

(3) Subsection 42(3) of Chapter 1, as amended by Chapter 2 of the Acts of 2010 and Chapter 6 of the Acts of 2017, is further amended by striking out ", payable in monthly instalments,".

(4) Subsection 42(4) of Chapter 1, as amended by Chapter 2 of the Acts of 2010 and Chapter 6 of the Acts of 2017, is further amended by striking out ", payable in monthly instalments,".

(5) Section 42 of Chapter 1, as amended by Chapters 2 and 5 of the Acts of 2010 and Chapter 6 of the Acts of 2017, is further amended by adding immediately after subsection (4) the following subsection:

    (4A) A member who is eligible to receive an annual salary under subsection (3) or (4) is not entitled to receive any payment under Section 31 of the House of Assembly Management Commission Regulations.

18 Section 45A of Chapter 1 is repealed and the following Section substituted:

    45A (1) On and after December 1, 2024, the annual indemnity to be paid to members of the House pursuant to this Act, the annual salaries to be paid to the Speaker, a Deputy Speaker, the Leader of the Opposition and the leader of any other recognized opposition party pursuant to this Act and the annual salaries to be paid to members of the Executive Council and ministerial assistants pursuant to the Executive Council Act are as follows:

    (a) a member of the House: $115,000;

    (b) the Speaker: $63,250;

    (c) a Deputy Speaker: $26,450;

    (d) the Leader of the Opposition: $63,250;

    (e) the leader of any other recognized opposition party: $37,950;

    (f) the member of the Executive Council holding the recognized position of Premier: $115,748;

    (g) a member of the Executive Council having charge of a department or departments or office or offices: $63,250;

    (h) a member of the Executive Council not having charge of a department or departments or office or offices: $40,250; and

    (i) a ministerial assistant: $16,100.

    (2) Notwithstanding subsection (1), where, on or before March 31, 2025, a person described in subsection (1) indicates in writing to the Speaker that the person does not wish to receive an increased annual indemnity or salary pursuant to subsection (1), the person shall continue to receive the annual indemnity and salary that was payable to the person immediately before December 1, 2024.

    (3) Subject to subsection (4), in each subsequent year on April 1st, commencing on April 1, 2026, the annual indemnity and salaries payable to the persons described in subsection (1) must be increased by the percentage increase in salary provided to civil servants for the current fiscal year.

    (4) After a person has declined an increase pursuant to subsection (2),

    (a) the person's annual indemnity and salary shall not be increased pursuant to subsection (3); and

    (b) where the person holds a position referred to in clauses (1)(b) to (i), the person's annual salary is the salary payable in respect of that position before the coming into force of this Section.

    (5) No amount may be paid out in respect of an annual indemnity and salary increased by operation of subsection (1) before May 1, 2025.

PART VI

MEMBERS' RETIRING ALLOWANCES ACT

19 Clause 2(e) of Chapter 282 of the Revised Statutes, 1989, the Members' Retiring Allowances Act, is repealed and the following clause substituted:

    (e) "annual salary" means

      (i) for a position listed in Section 45A of the House of Assembly Act, the amount specified for the position in that Section, and

      (ii) for

        (A) the chair or vice-chair of a committee of the House,

        (B) the House Leader,

        (C) the Deputy House Leader,

        (D) the person recognized by the Speaker as occupying the position of House Leader of the Official Opposition,

        (E) the person recognized by the Speaker as occupying the position of Deputy House Leader of the Official Opposition,

        (F) the person recognized by the Speaker as occupying the position of house leader of a recognized party,

        (G) the person recognized by the Speaker as occupying the position of deputy house leader of a recognized party,

        (H) the whip of each recognized party, and

        (I) the caucus chair of each recognized party,

      the amount specified for that position in the House of Assembly Management Commission Regulations,

    and, where a member holds more than one position under subclauses (i) and (ii), means the total annual salary to which the member is entitled;

20 Section 6 of Chapter 282, as amended by Chapter 29 of the Acts of 1993, Chapter 2 of the Acts of 2010 and Chapter 34 of the Acts of 2014, is further amended by striking out "eight per cent" wherever it appears and substituting "ten per cent".

21 (1) Subsection 8(2) of Chapter 282, as amended by Chapter 2 of the Acts of 2010, is further amended by striking out "eight per cent" and substituting "ten per cent".

(2) Section 8 of Chapter 282, as amended by Chapter 2 of the Acts of 2010, is further amended by adding immediately after subsection (2) the following subsection:

(3) Notwithstanding subsections (1) and (2), a member who holds a position referred to in clause 2(e), shall, in addition to the contributions made as a member, other than a member excluded by order of the Governor in Council, pay into the General Revenue Fund of the Province ten per cent of the member's annual salary.

22 Section 12 of Chapter 282, as amended by Chapters 2 and 3 of the Acts of 2010, Chapter 39 of the Acts of 2011 and Schedule B of Chapter 4 of the Acts of 2012, is further amended by adding immediately after subsection (8) the following subsection:

    (9) For greater certainty, a reference in this Section to one or more of the positions mentioned in Section 8 includes the positions referred to in clause 2(e).

PART VII

MUNICIPAL GOVERNMENT ACT

23 Section 466 of the Chapter 18 of the Acts of 1998, the Municipal Government Act, is repealed and the following Section substituted:

    466 (1) A person may obtain access to a record by

    (a) making a request in writing to the municipality that has the custody or control of the record;

    (b) specifying the topic or issue of the requested record with sufficient particulars and making reasonable efforts to list particulars, such as time, place, event and subject, to enable an individual familiar with the topic or issue to identify the record; and

    (c) paying any fees required pursuant to this Part.

    (2) The applicant may ask to examine the record or ask for a copy of the record.

    (3) For greater certainty, a request for access to a record must specify the record requested or, where the record in which the relevant information may be contained is not known to the applicant, provide sufficient particulars and make reasonable efforts to list particulars, such as time, place, event and subject, to enable an individual familiar with the topic or issue to identify the requested record.

    (4) For greater certainty, where a request is made for records in the form of electronic mail written by a person or between persons, the request must specify the topic or issue of the requested records, and make reasonable efforts to list particulars, such as time, place, event and subject.

24 Chapter 18 is further amended by adding immediately after Section 466 the following Sections:

    466A (1) Subject to clause 467(1)(a), the responsible officer to which one or more requests under subsection 466(1) are made may disregard the requests if the applicant does not provide sufficient particulars in accordance with subsection 466(1).

    (2) The responsible officer may apply to the review officer for approval to disregard one or more requests for access if the responsible officer is of the opinion that

    (a) the requests are trivial, frivolous or vexatious;

    (b) the requests are for information already provided to the applicant;

    (c) the requests amount to an abuse of the right to make a request because they are

      (i) unduly repetitive or systematic,

      (ii) excessively broad or incomprehensible, or

      (iii) otherwise not made in good faith; or

    (d) responding to the requests would unreasonably interfere with the operations of the municipality and the requests are repetitious or systematic in nature.

    466B An application under subsection 466A(2) must be made within fourteen days of the receipt of a request for access.

    466C The review officer shall, within fourteen days after receiving an application under Section 466A, decide whether to approve the application and provide a written report of the review officer's decision to the head of the public body.

    466D Where the review officer does not approve the application under Section 466A, the responsible officer shall respond to the requests for access in the manner required by this Act.

    466E Where the review officer approves an application under Section 466A, the responsible officer shall notify the applicant that

    (a) requests are disregarded and the reason;

    (b) the review officer has approved the decision of the responsible officer to disregard the requests; and

    (c) the applicant may appeal the decision of the responsible officer to the Supreme Court pursuant to Section 494.

25 Chapter 18 is further amended by adding immediately after Section 469 the following Section:

    469A The calculation of time within which an action must be taken by the responsible officer under Section 466A, 467, 469 or 484A is suspended during the periods between

    (a) when an application for approval is made to the review officer under Section 466A and when the review officer provides a written report to the responsible officer under Section 466C;

    (b) when an application for approval is made to the review officer under Section 484A and when the review officer provides a written report to the responsible officer under Section 484C;

    (c) when a request for review is filed with a review officer under Section 487 and when the review officer provides a written report to the responsible officer or otherwise disposes of the review; and

    (d) when a notice of appeal is received by the responsible officer pursuant to Section 494 and when the Supreme Court of Nova Scotia provides a copy of its decision to the responsible officer.

26 Chapter 18 is further amended by adding immediately after Section 484 the following Sections:

    484A The responsible officer may apply to the review officer for approval to disregard one or more requests for correction of the applicant's personal information if the responsible officer is of the opinion that

    (a) the requests are trivial, frivolous or vexatious;

    (b) the personal information has already been corrected;

    (c) the requests amount to an abuse of the right to make a request because they are

      (i) unduly repetitive or systematic,

      (ii) excessively broad or incomprehensible, or

      (iii) otherwise not made in good faith; or

    (d) responding to the requests would unreasonably interfere with the operations of the municipality and the requests are repetitious or systematic in nature.

    484B An application under Section 484A must be made within fourteen days of the receipt of a request for correction.

    484C The review officer shall, within fourteen days after receiving an application under Section 484A, decide whether to approve the application and provide a written report of the Review Officer's decision to the head of the public body.

    484D Where the review officer does not approve an application under Section 484A, the responsible officer shall respond to the requests in the manner required by this Act.

    484E Where the review officer approves an application under Section 484A, the responsible officer shall notify the applicant that

    (a) applicant's requests are disregarded and the reason;

    (b) the review officer has approved the decision of the responsible officer to disregard the requests; and

    (c) the applicant may appeal the decision of the responsible officer to the Supreme Court pursuant to Section 494.

    484F The review officer may, at any stage of a review, refuse to conduct the review or discontinue the review for any reason the review officer considers proper or necessary, including if the review officer is of the opinion that

    (a) the municipality has responded adequately to the matter;

    (b) the matter has been or could be more appropriately dealt with, initially or completely, by means of a procedure other than a complaint or review under this Act;

    (c) there is insufficient evidence to warrant a review;

    (d) the review is trivial, frivolous or vexatious or is made in bad faith;

    (e) the subject-matter of the review is already the object of an ongoing review; or

    (f) the subject-matter of the review has already been addressed by the review officer.

    484G Upon the review officer making a decision under Section 484F, the review officer shall

    (a) notify the applicant that the review officer has refused to conduct the review or discontinued the review, as the case may be, and the reason; and

    (b) inform the applicant that the applicant may file a request for judicial review with the Supreme Court respecting the decision.

27 Subsection 494(1) of Chapter 18, as amended by Chapter 55 of the Acts of 2005, is further amended by adding "under Section 466E, 484E or 493" immediately after "decision" the first time it appears.

PART VIII

PRIVACY REVIEW OFFICER ACT

28 Chapter 42 of the Acts of 2008, the Privacy Review Officer Act, is amended by adding immediately after Section 6 the following Sections:

    6A The Privacy Review Officer may disregard one or more privacy complaints if the Privacy Review Officer is of the opinion that

    (a) the complaints are trivial, frivolous or vexatious;

    (b) the complaints do not relate to the applicant's personal information;

    (c) the complaints amount to an abuse of the right to make a complaint because they are

      (i) unduly repetitive or systematic,

      (ii) excessively broad or incomprehensible, or

      (iii) otherwise not made in good faith; or

    (d) responding to the complaints would unreasonably interfere with the operations of the public body.

    6B Decisions under Section 6A must be made within 14 days of the receipt of a privacy complaint.

    6C In a decision under Section 6A, the Privacy Review Officer shall state

    (a) that privacy complaints are refused and the reason why;

    (b) the reasons for the Privacy Review Officer's decision; and

    (c) that the applicant may make an application for judicial review.

    6D The Privacy Review Officer may, at any stage of a privacy complaint, refuse to conduct the complaint or discontinue the complaint for whatever reason the Privacy Review Officer considers proper or necessary including if the Privacy Review Officer is of the opinion that

    (a) the institution has responded adequately to the complaint;

    (b) the complaint has been or could be more appropriately dealt with, initially or completely, by means of a procedure other than a complaint under this Act;

    (c) there is insufficient evidence to warrant a complaint;

    (d) the complaint is trivial, frivolous or vexatious or is made in bad faith;

    (e) the subject-matter of the complaint is already the object of an ongoing review under this Section; or

    (f) the subject-matter of the complaint has already been addressed by the Privacy Review Officer.

    6E Upon the Privacy Review Officer making a decision under Section 6D, the Privacy Review Officer shall

    (a) notify the applicant that the Privacy Review Officer has refused to conduct the complaint or discontinued the complaint, as the case may be;

    (b) give the applicant the reasons for the Privacy Review Officer's decision; and

    (c) inform the applicant that the applicant may file a request for judicial review with the Supreme Court of Nova Scotia respecting the decision.

PART IX

PRIVATE WAYS ACT

29 The heading immediately before Section 2 and Sections 2 to 15 of Chapter 358 of the Revised Statutes, 1989, the Private Ways Act, are repealed and the following heading and Sections substituted:

    PART I

    APPLICATION TO SUPREME COURT OF NOVA SCOTIA

    2 In this Part,

    (a) "Court" means the Supreme Court of Nova Scotia;

    (b) "Nova Scotia Land Surveyor" has the same meaning as in the Land Surveyors Act;

    (c) "primary forest products" means any of the commercially valuable raw materials cut or harvested from a forest.

    3 (1) Where

    (a) an owner or leaseholder of real property

      (i) intends to mine, quarry, farm on or harvest primary forest products from the real property, and

      (ii) requires access across privately owned lands for that purpose exclusively; and

    (b) the owner of the privately owned lands has refused to permit access,

    the owner or leaseholder may make an application to the Court seeking an order for a right of way over the privately owned lands.

    (2) An application for an order under subsection (1) must be made in accordance with the Civil Procedure Rules and include

    (a) the intended purpose of the right of way;

    (b) identification of the property over which the right of way is sought;

    (c) the nature, width and approximate location of the right of way; and

    (d) other evidence that demonstrates that the right of way is necessary for access for the intended purpose.

    4 A right of way sought under this Part must not run through any existing gardens, orchards or structures of the owner of the land over which it is sought and must be located so as to not unreasonably disturb the quiet use and enjoyment of that owner.

    5 (1) On hearing an application under this Part, the Court shall issue an order directing that a right of way be issued to the applicant if satisfied that

    (a) the intended purpose of the right of way is one for which a right of way may be granted under this Part;

    (b) the right of way is necessary for the intended purpose;

    (c) the right of way complies with the requirements set out in Section 4; and

    (d) there is no reasonable alternative route of access.

    (2) An order under subsection (1) must

    (a) define the boundaries of the right of way based on a plan of survey prepared by a Nova Scotia Land Surveyor;

    (b) specify the nature and extent of the right of way and whether the right of way is to continue in perpetuity or be for a fixed term of years; and

    (c) provide any other terms that the Court considers just and reasonable in the circumstances.

    (3) The applicant is responsible for the cost of any survey required under subsection (2).

    (4) The Court shall determine the amount of compensation the landowner is entitled to for the right of way based on a valuation prepared at the applicant's cost by an accredited appraiser who may be selected by the parties by mutual agreement or, where the parties fail to agree, by the Court.

    6 Regardless of the result of the application, the applicant is responsible for the applicant's costs for the application and for the reasonable costs of the respondent in responding to the application, as determined by the Court.

    7 An appeal of a decision of the Court under this Part may be made to the Nova Scotia Court of Appeal.

    8 The Judicature Act and the Civil Procedure Rules apply to applications, hearings, orders and appeals under this Part.

30 Any petition made to the Governor in Council under Part I of the Private Ways Act before the coming into force of this Act that has not been resolved or otherwise decided on by the Governor in Council is null and no damages, costs, actions or other remedies may be sought or commenced against the Province by any party to an unresolved petition.

PART X

PUBLIC SERVICE ACT

31 Section 2 of Chapter 376 of the Revised Statutes, 1989, the Public Service Act, as enacted by Chapter 29 of the Acts of 2021 and amended by Chapter 6 of the Acts of 2024, is further amended by

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

    (d) the Department of Cyber Security and Digital Solutions;

(b) striking out clause (e);

(d) adding immediately after clause (fa) the following clause:

    (fb) the Department of Energy;

(e) adding immediately after clause (i) the following clause:

    (ia) the Department of Growth and Development;

(f) striking out "and Housing" in clause (n);

(g) striking out "and Renewables" in clause (o); and

(h) adding immediately after clause (o) the following clause:

    (oa) the Department of Opportunities and Social Development;

32 Section 6 of Chapter 376 is repealed and the following Section substituted:

    6 (1) A member of the Executive Council may, with the approval of the Governor in Council, enter into an agreement on behalf of the Province with one or more of the following parties:

    (a) the Government of Canada;

    (b) the government of another province of Canada;

    (c) the government of a foreign state or subnational unit;

    (d) an association of foreign states or subnational units;

    (e) an agency of a party listed in clauses (a) to (d).

    (2) Notwithstanding subsection (1), the approval of the Governor in Council is not required for a member of the Executive Council to enter into an agreement with a party listed in clauses (1)(a) to (e) if the agreement is exempt from the requirement to obtain the approval of the Governor in Council under the regulations.

    (3) For greater certainty, the approval of the Governor in Council is not required for a member to enter into an agreement on behalf of the Province with a party listed in clauses (1)(a) to (e) if the member of the Executive Council is authorized by another enactment to enter into the agreement and the other enactment does not require the approval of the Governor in Council.

    (4) For greater certainty, the approval of the Governor in Council is not required for a member of the Executive Council to enter into an agreement on behalf of the Province with a municipality or an association of municipalities.

    (5) The Governor in Council may make regulations

    (a) exempting an agreement or class of agreements from the requirement under subsection (1) to obtain the approval of the Governor in Council including, without limiting the generality of the foregoing, exempting

      (i) a class of agreements based on the subject-matter of the agreement,

      (ii) a class of agreements based on the member of Executive Council entering into the agreement, and

      (iii) agreements providing for the receipt or expenditure of less than a specified dollar amount;

    (b) imposing terms, conditions or requirements on agreements exempted from, or falling within a class exempted from, the requirement under subsection (1) to obtain the approval of the Governor in Council.

    (6) The exercise by the Governor in Council of the authority contained in subsection (5) is a regulation within the meaning of the Regulations Act.

33 Section 17B of Chapter 376, as enacted by Chapter 4 of the Acts of 2001, is amended by adding immediately after clause (f) the following clause:

    (fa) coordinate public sector labour relations in regard to public sector employee compensation;

34 Sections 25IA, 25IB and 25IC of Chapter 376 are repealed.

35 (1) Subsection 25J(1) of Chapter 376, as enacted by Chapter 29 of the Acts of 2021, is amended by striking out "Initiatives".

(2) Subsection 25J(2) of Chapter 376 is repealed and the following subsection substituted:

    (2) The Office shall be presided over by the Minister of Equity and Anti-Racism who has the supervision, direction and control of all affairs and matters relating to equity and anti-racism initiatives other than the Land Titles Initiative established under Section 8B of the Land Titles Clarification Act, which is assigned to the Minister of African Nova Scotian Affairs.

(3) Subsection 25J(3) of Chapter 376 is amended by striking out "Initiatives".

(4) Subsection 25J(4) of Chapter 376 is amended by

(a) striking out "the" the first time it appears; and

(b) striking out "Initiatives".

(5) Subsection 25J(5) of Chapter 376 is amended by striking out "Initiatives".

36 Sections 25LA, 25LB and 25LC of Chapter 376 are amended by striking out "Regulatory Affairs and Service Effectiveness" wherever it appears and substituting in each case "Service Efficiency".

37 The heading immediately before Section 25M of Chapter 376 is repealed and "DEPARTMENT OF ADVANCED EDUCATION" substituted.

38 Sections 25P and 25Q and the heading immediately before Section 25P of Chapter 376 are repealed.

39 The heading immediately before Section 31 of Chapter 376 is amended by striking out "COMMUNITY SERVICES" and substituting "OPPORTUNITIES AND SOCIAL DEVELOPMENT".

40 Sections 31 and 32 of Chapter 376 are amended by

(a) striking out "Community Services" wherever it appears and substituting in each case "Opportunities and Social Development"; and

(b) renumbering as Sections 49 and 50.

41 Chapter 376 is further amended by adding immediately after Section 30C the following heading and Sections:

    DEPARTMENT OF CYBER SECURITY AND DIGITAL SOLUTIONS

    31 The Department of Cyber Security and Digital Solutions shall be presided over by the Minister of Cyber Security and Digital Solutions who has the supervision, direction and control of all affairs and matters relating to the Department and who shall supervise the performance and functions of the Department.

    32 The Minister of Cyber Security and Digital Solutions has, unless specifically assigned to another member of the Executive Council, the supervision, direction and control of all matters relating to

    (a) communication, cyber security, information and technology services for the Government of the Province;

    (b) access to, and collection of information for, the design, delivery and operation of government programs and services;

    (c) digital transformation of government programs, services and delivery to allow for access by Nova Scotians to high-quality citizen-centred programs and services;

    (d) cross-government platform services for the design, delivery and operation of citizen-centred government programs and services, including identity access management for the Province; and

    (e) any other function respecting cyber security, data management, digital services or digital transformation.

42 The heading immediately before Section 33 of Chapter 376 is amended by striking out "ECONOMIC DEVELOPMENT" and substituting "GROWTH AND DEVELOPMENT".

43 Sections 33 and 34 of Chapter 376, as enacted by Chapter 29 of the Acts of 2021, are amended by

(a) striking out "Economic Development" wherever it appears and substituting in each case "Growth and Development"; and

(b) renumbering as Sections 44D and 44E.

44 Section 34A of Chapter 376, as enacted by Chapter 29 of the Acts of 2021 and amended by Chapter 37 of the Acts of 2022, is further amended by

(a) striking out "Economic Development" and substituting "Growth and Development";

(b) adding immediately after clause (c) the following clause:

    (ca) housing;

(c) striking out "(c)" in clause (d) and substituting "(ca)"; and

(d) renumbering as Section 44F.

45 Section 34B of Chapter 376, as enacted by Chapter 37 of the Acts of 2022, is amended by

(a) striking out "Economic Development" and substituting "Growth and Development"; and

(b) renumbering as Section 44G.

46 Chapter 376 is further amended by adding immediately after Section 36B the following heading and Sections:

    DEPARTMENT OF ENERGY

    36C The Department of Energy shall be presided over by the Minister of Energy who has the supervision, direction and control of all affairs and matters relating to the Department and who shall supervise the performance of the functions of the Department.

    36D The Minister of Energy has, unless specifically assigned to another member of the Executive Council, the supervision, direction and control of all matters relating to:

    (a) matters over which the Legislature has jurisdiction relating to the development, conservation, management and protection of energy;

    (b) all matters relating to energy resources, including oil and gas, electricity and renewable energy and other natural resources when used for the production of energy, including

      (i) developing and implementing energy policies and programs,

      (ii) conducting research and analysis related to the effective management of the Province's energy resources, including development, exploration and use of such resources,

      (iii) liaising with other governments, other departments, organizations, advisory groups, regulators and associations to advance the interests and concerns of the Province and facilitate coordinated energy policies, activities and programs,

      (iv) managing the Province's energy resources in order to achieve optimum economic, environmental and social value from the energy sector, including issuing rights to use the Province's oil and gas resources and monitoring the use of these rights, and

      (v) promoting the effective, efficient and environmentally sound use of energy;

    (c) the administration of Acts, regulations and orders relating to the matters set out in clauses (a) and (b).

47 Subsection 41A(2) of Chapter 376, as enacted by Chapter 29 of the Acts of 2021, is amended by striking out "The" and substituting "Except as provided by subsection 41B(2), the".

48 Section 41B of Chapter 376, as enacted by Chapter 29 of the Acts of 2021, is amended by

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

(b) striking out clauses (a) to (h) of subsection (1), as renumbered, and substituting the following clauses:

    (a) support the Executive Council and its committees in developing and communicating the policy agenda of the Province;

    (b) provide strategic advice and analysis in the areas of policy, planning and communication in support of government's mandate;

    (c) provide corporate agenda management, operational and communications support to the Executive Council and its committees;

    (d) examine submissions to the Executive Council to ensure conformity with policy and legal requirements;

    (e) prepare orders in council to implement decisions of the Executive Council and register, distribute and index orders in council;

    (f) provide strategic marketing, digital communications and advertising support for government, including media planning and buying, design and creative services;

    (g) develop policies and guidelines with respect to communications from the government of the province;

    (h) coordinate public sector labour relations; and

    (i) work to enhance interministerial collaboration in the advancement of government's mandate and the work of the Executive Council.

and

(c) add immediately after subsection (1), as renumbered, the following subsection:

    (2) In respect of government communications, including communicating the policy agenda of the Province, providing strategic advice and analysis in the area of communication in support of government's mandate, providing communications support to the Executive Council and its committees, and the matters described in clauses 41B(1)(f) and (g), the Executive Council Office shall be presided over by the Minister of Communications, who has the supervision, direction and control of matters concerning government communications.

49 Clause 44A(dc) of Chapter 376 is repealed.

50 Section 46EA of Chapter 376, as enacted by Chapter 34 of the Acts of 2014 and amended by Chapter 29 of the Acts of 2021, is renumbered as Section 74.

51 Section 46EB of Chapter 376, as enacted by Chapter 34 of the Acts of 2014 and amended by Chapter 29 of the Acts of 2021 and Chapter 6 of the Acts of 2024, is further amended by

(a) striking out "security support services," in clause (c);

(b) striking out "and" at the end of clause (m);

(c) adding immediately after clause (m) the following clauses:

    (n) access to government services and programs;

    (na) consumer protection, including residential tenancies;

    (nb) consumer proposals and Part X of the Bankruptcy and Insolvency Act (Canada);

    (nc) condominiums;

    (nd) vital statistics;

    (ne) the Land Registry and Registry of Deeds, the Personal Property Registry, the Registry of Joint Stock Companies, the Nova Scotia Business Registry and the Registry of Vital Statistics;

    (nf) Part IV of the Revenue Act for administration purposes;

    (ng) amusement control, gaming control, film licensing and classification and liquor control;

    (nh) the collection of debts for departments and governmental units under programs designated by the Minister of Finance and Treasury Board; and

and

(d) renumbering as Section 75.

52 Section 46EC of Chapter 376 is repealed.

53 The heading immediately before Section 46H of Chapter 376 is amended by striking out "AND HOUSING".

54 Section 46H of Chapter 376, as enacted by Chapter 34 of the Acts of 2014 and amended by Chapter 29 of the Acts of 2021, is further amended by striking out "and Housing" wherever it appears.

55 Section 46I of Chapter 376, as enacted by Chapter 34 of the Acts of 2014 and amended by Chapter 29 of the Acts of 2021 and Chapter 6 of the Acts of 2024, is further amended by

(a) striking out "and Housing"; and

(b) striking out clause (ba).

56 The heading immediately before Section 47 of Chapter 376 is amended by striking out "AND RENEWABLES".

57 Section 47 of Chapter 376, as enacted by Chapter 4 of the Acts of 2001 and amended by Chapter 29 of the Acts of 2021, is further is amended by striking out "and Renewables" wherever it appears.

58 Section 48 of Chapter 376, as enacted by Chapter 4 of the Acts of 2001 and amended by Chapter 29 of the Acts of 2021, is further amended by

(a) striking out "and Renewables";

(b) striking out "the development, management, conservation and protection of energy," in clause (a); and

(c) striking out clause (ab).

59 Section 73 of Chapter 376, as enacted by Chapter 4 of the Acts of 2001 and amended by Chapter 4 of the Acts of 2008, Chapter 34 of the Acts of 2014 and Chapter 29 of the Acts of 2021, is further amended by

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

    (g) environmental services for the Government of the Province;

and

(b) adding immediately after clause (h) the following clause:

    (i) the superintendence and management of all buildings and property, including leasing and licensing activities and building maintenance and services, belonging to or under the control of the Government of the Province;

60 The Sections of Chapter 376 renumbered by this Act are reordered numerically together with their corresponding headings.

EFFECT OF CERTAIN AMENDMENTS

61 Any power created under Sections 9 to 13 and 23 to 28 of this Act may be exercised in respect of outstanding requests and complaints made before the coming into force of that power.

EFFECTIVE DATES

62 (1) Sections 1 to 3 and 32 have effect on such day as the Governor in Council may order and declare by proclamation.

(2) Sections 19 to 22 have effect on and after January 1, 2025.

(3) Section 14 has effect on and after April 1, 2025.

 


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