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BILL NO. 7
Government Bill
6th Session, 56th General Assembly
Nova Scotia
46 Elizabeth II, 1997
An Act Respecting Licences, Permits,
Registrations and Certifications
CHAPTER 2
ACTS OF 1997
The Honourable Wayne Gaudet
Minister of Business and Consumer Services
AS ASSENTED TO BY THE LIEUTENANT GOVERNOR
DECEMBER 12, 1997
Halifax
Printed by Queens Printer for Nova Scotia
An Act Respecting Licences, Permits,
Registrations and Certifications
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Licences, Permits,
Registrations and Certifications Act.
2 (1) This Act applies to a licence, permit, registration or
certification that was not in existence on the coming into force
of this Act.
(2) For greater certainty, this Act does not apply to an existing
licence, permit, registration or certification issued or made
before the coming into force of this Act.
3 On and after the coming into force of this Act,
(a) a licence shall be issued where Her Majesty in right of
the Province grants permission to a person, group or
organization to engage in an activity and Her Majesty in
right of the Province owns the asset related to the activity;
(b) a permit shall be issued where Her Majesty in right of
the Province grants permission to a person, group or
organization to engage in an activity and Her Majesty in
right of the Province does not own the asset related to the
activity;
(c) Her Majesty in right of the Province shall issue proof
of registration, in the manner determined by regulation,
where an enactment requires information to be recorded or
entered in an official record or list;
(d) a certification shall be issued where Her Majesty in
right of the Province formally acknowledges that a person
has a level of skill, training or experience as demonstrated
by a test or proof of competence.
4 All trade-related certifications shall be administered by the
Minister of Education and Culture.
5 (1) The Minister of Business and Consumer Services may
appoint an employee of the Department of Business and
Consumer Services to be the Provincial Advisor - Licences,
Permits, Registrations and Certifications.
(2) The Provincial Advisor appointed pursuant to subsection (1)
shall
(a) develop standard applications forms;
(b) develop a procedure to ensure that this Act and the
regulations are consistently applied; and
(c) perform such other functions as are determined by the
Minister of Business and Consumer Services.
6 The Minister of each Government department may appoint
an employee of the department to consult with the Provincial
Advisor - Licences, Permits, Registrations and Certifications to
ensure that a licence, permit, registration or certification
proposed by the department meets the requirements of this Act
and the regulations.
7 The minister of each Government department shall ensure
that the following information is filed in a central registry
prescribed by regulation:
(a) all new licences, permits, registrations and
certifications issued by the department;
(b) changes to licences, permits, registrations and
certifications referred to in clause (a);
(c) the elimination of licences, permits, registrations and
certifications referred to in clause (a); and
(d) all licences, permits, registrations and certifications
issued by the department prior to the coming into force of
this Act and any changes to those licences, permits,
registrations and certifications that occur after the coming
into force of this Act.
8 Where an applicant has met all of the requirements for a
licence, permit, registration or certification, the licence, permit,
registration or certification shall be issued within fifteen days,
or such longer period of time as determined by the minister of
the department issuing the licence, permit, registration or
certification.
9 Where a licence, permit, registration or certification has
been issued and the licence, permit, registration or certification
may be renewed, the person, group or organization to whom
the licence, permit, registration or certification has been issued
shall be notified of the requirement to renew at least forty-five
days prior to the expiry of the licence, permit, registration or
certification.
10 Unless otherwise provided by regulation,
(a) every licence, permit and registration expires three
years from the date it is issued; and
(b) every certification expires five years from the date it is
issued.
11 (1) The Governor in Council may make regulations
(a) establishing criteria for the issuing of a licence, permit,
registration or certification pursuant to this Act;
(b) respecting application forms for licences, permits,
registrations and certifications;
(c) requiring information to be provided to an unsuccessful
applicant for a licence, permit, registration or certification;
(d) respecting appeals by an unsuccessful applicant for a
licence, permit, registration or certification;
(e) respecting expiry dates for licences, permits,
registrations and certifications;
(f) respecting fees for a licence, permit, registration or
certification and the method of payment of those fees;
(g) respecting a periodic review of the process used in
issuing a licence, permit, registration or certification,
including the continuing need for specific licences, permits,
registrations and certifications and providing for public
notice of the review process;
(h) providing an exemption from any requirement of this
Act;
(i) defining any word or expression used but not defined in
this Act;
(j) deemed necessary or advisable to carry out effectively
the intent and purpose of this Act.
(2) The exercise by the Governor in Council of the authority
contained in subsection (1) is regulations within the meaning of
the Regulations Act.
12 This Act comes into force on such day as the Governor in
Council orders and declares by proclamation.
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