BILL NO. 97

1st Session, 57th General Assembly
Nova Scotia
47-48 Elizabeth II, 1998-99

Government Bill

Business Efficiency (1999) Act

The Honourable Robert S. Harrison
Minister of Business and Consumer Services

First Reading: May 18, 1999

(Explanatory Notes)

Second Reading: May 20, 1999

Third Reading: June 4, 1999

Clause 1 sets out the short title of the Act.

Clause 2 removes the requirement that the Registrar of Joint Stock Companies send a registered letter to a company to be struck off the register.

Clause 3 amends the definition of "credit" in the Consumer Protection Act.

Clause 4 provides that no person shall carry on business as a lender unless that person holds a valid permit.

Clause 5 provides that a permit issued under the Consumer Protection Act expires three years from the date of its issue and makes changes necessary to change from a registration system to a permit system.

Clauses 6 to 9 make the changes necessary in the Consumer Protection Act to change from a registration system to a permit system.

Clauses 10 to 16 make the changes necessary in the Consumer Reporting Act to change from a registration system to a permit system.

Clauses 17 to 25 make the changes necessary in the Mortgage Brokers' and Lenders' Registration Act to change from a registration system to a permit system.

Clause 26 provides that a person designated by the Minister may exercise the Minister's authority to close a highway for the purpose of the conduct of a parade or sporting event on the highway or authorize a bicycle race upon a highway.

Clause 27 clarifies the reciprocal exemption provisions for partnerships and business names registration which currently exist between Nova Scotia and New Brunswick to properly reflect that there are technical differences in the legislation but that substantively the exemptions provided are equivalent.

Clause 28 removes the requirement that declarations under the Partnerships and Business Names Registration Act be sworn.

Clause 29 changes the requirement to file partnership articles to a requirement to file a partnership agreement.

Clause 30 provides that a person designated by the Minister may exercise the Minister's authority to close a highway or any part of a highway to all traffic or to any class or classes of traffic for such time as the Minister deems expedient.

Clause 31 establishes how an applicant can provide legal proof of age and ensures that previously married applicants claiming to be widowed show proof of status.

Clause 32 makes a change necessary as a result of the change made in Clause 31.

Clause 33 makes the change to subsection 12(2) of the Consumer Protection Act and the changes to the Partnerships and Business Names Registration Act subject to proclamation.

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Business Efficiency (1999) Act.

PART I

COMPANIES ACT

2 Subsection 136(1) of Chapter 81 of the Revised Statutes, 1989, the Companies Act, is amended by striking out "by post, a registered letter" in the third line and substituting "a letter".

PART II

CONSUMER PROTECTION ACT

3 Clause 2(d) of Chapter 92 of the Revised Statutes, 1989, the Consumer Protection Act, is amended by striking out "and includes a transaction where a person, acting in the course of his business, acquires from another person the other person's right to any income tax refund or other payment by the Government of Canada or the Government of the Province which is due or will become due to the other person," in the eighth to fourteenth lines.

4 (1) Subsections 11(1) and (2) of Chapter 92 are repealed and the following subsection substituted:

(1) No person shall carry on business as a lender unless that person holds a valid permit under this Act.

(2) Subsection 11(3) of Chapter 92 is amended by striking out "is registered" in the second line and substituting "holds a permit".

5 (1) Subsection 12(1) of Chapter 92 is amended by striking out "register a lender" in the third and fourth lines and substituting "issue a permit".

(2) Subsection 12(2) of Chapter 92 is repealed and the following subsection substituted:

(2) Unless previously terminated or cancelled, every permit issued pursuant to subsection (1) expires three years from the date of its issue.

(3) Subsection 12(3) of Chapter 92 is amended by striking out "grant registration to a lender or cancel the registration" in the first and second lines and substituting "issue a permit to a lender or cancel the permit".

6 Section 13 of Chapter 92 is amended by striking out "registration" in the first and second lines and in the second line of clause (a) and substituting in each case "permit".

7 (1) Subsection 14(1) of Chapter 92 is repealed and the following subsection substituted:

(1) Where the Registrar believes that a lender who holds a permit under this Act is not carrying on business in the Province, the Registrar may send to the lender a registered letter inquiring whether the lender is carrying on business in the Province and stating that if an answer to the letter is not received within one month from the date of the letter the lender's permit will be cancelled and notice of cancellation will be published in the Royal Gazette.

(2) Subsection 14(2) of Chapter 92 is amended by striking out "registration" in the fifth line and substituting "permit".

(3) Subsection 14(3) of Chapter 92 is amended by striking out "registration" in the first line and substituting "permit".

(4) Subsection 14(4) of Chapter 92 is amended by striking out "strike off the register the name" in the first and second lines and substituting "cancel the permit".

(5) Subsection 14(5) of Chapter 92 is amended by striking out "strike off the register the name" in the first and second lines and substituting "cancel the permit".

8 (1) Subsection 15(1) of Chapter 92 is amended by striking out "registration" in the first line and substituting "a permit".

(2) Subsection 15(2) of Chapter 92 is amended by striking out "registered lender" in the first line and substituting "lender who holds a permit under this Act".

9 Section 33 of Chapter 92, as amended by Chapter 8 of the Acts of 1998, is further amended by

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

(a) providing for the issuance of permits to lenders or any class or classes of lenders and their agents, officers, servants or employees;

(b) striking out "registration" in the first and second lines of clause (b) and substituting "a permit";

(c) striking out "registration or any type or class of registration" in the first and second lines of clause (c) and substituting "a permit or any type or class of permit";

(d) striking out "registration" in the second line of clause (f) and substituting "a permit"; and

(e) striking out "registration" in the first line of clause (s) and substituting "a permit".

PART III

CONSUMER REPORTING ACT

10 Section 3 of Chapter 93 of the Revised Statutes, 1989, the Consumer Reporting Act, is amended by striking out "is registered" in the third and fourth lines and substituting "holds a permit".

11 Section 4 of Chapter 93 is amended by striking out "is registered by the Director" in the second line and substituting "holds a valid permit".

12 (1) Subsection 5(1) of Chapter 93 is amended by

(a) striking out "registration" in the first and in the second line and substituting in each case "a permit"; and

(b) striking out "registered" in the second line of clause (d) and substituting "issued a permit".

(2) Subsection 5(2) of Chapter 93 is amended by striking out "registration" in the first line and substituting "permit".

(3) Subsection 5(3) of Chapter 93 is amended by striking out "registration" and substituting "permit".

13 Section 6 of Chapter 93 is repealed and the following Section substituted:

6 (1) The Director may refuse to issue a permit to an applicant where, in the Director's opinion, the applicant is disentitled to a permit under Section 5.

(2) The Director may refuse to renew or may suspend or revoke a permit for any reason that would disentitle the permit holder to a permit under Section 5 if the permit holder were an applicant or if the permit holder is in breach of a term or condition of the permit.

14 Subsections 7(1) and (2) of Chapter 93 are repealed and the following subsections substituted:

(1) The Director may cancel a permit upon the request in writing of the permit holder in the prescribed form surrendering the permit holder's permit.

(2) Where, within the time prescribed or, if no time is prescribed, before expiry of the permit holder's permit, a permit holder has applied for renewal of the permit and paid the prescribed fee, the permit holder's permit is deemed to continue until

(a) the renewal is granted; or

(b) the renewal is refused.

15 Section 8 of Chapter 93 is amended by striking out "registration" in the first line and substituting "a permit".

16 Section 25 of Chapter 93 is amended by

(a) repealing clauses (b) and (c) and substituting the following clauses:

(b) governing applications for a permit or the renewal of a permit and prescribing terms and conditions of permits;

(c) requiring the payment of fees on application for a permit or the renewal of a permit, and prescribing the amount of the fees;

and

(b) striking out "registered consumer reporting agencies" in the first and second lines of clause (d) and substituting "consumer reporting agencies that hold a permit under this Act".

PART IV

MORTGAGE BROKERS' AND LENDERS'

REGISTRATION ACT

17 Clause 5(a) of Chapter 291 of the Revised Statutes, 1989, the Mortgage Brokers' and Lenders' Registration Act, is amended by striking out "is registered" in the second line and substituting "holds a permit".

18 Sections 6 and 7 of Chapter 291 are repealed and the following Sections substituted:

6 Upon receipt of an application for a permit or a renewal of a permit and upon payment of the prescribed fee, where the Registrar is satisfied that the applicant satisfies all the requirements of this Act and the regulations respecting the issuance or renewal of the permit and is a suitable candidate for a permit, the Registrar shall issue a permit or renewal to the applicant.

7 Where the Registrar is not satisfied that an applicant satisfies all the requirements of this Act and the regulations respecting the issuance or renewal of a permit and is a suitable candidate for a permit or where the Registrar is of the opinion that it is not in the public interest to issue a permit or renewal to the applicant, the Registrar may refuse to issue or renew the permit.

19 Section 8 of Chapter 291 is amended by striking out "registration" in the first, fourth and sixth lines and substituting in each case "a permit".

20 (1) Subsection 9(1) of Chapter 291, as amended by Chapter 8 of the Acts of 1998, is further amended by striking out "registration" in the first line and substituting "permit".

(2) Subsection 9(2) of Chapter 291, as amended by Chapter 8 of the Acts of 1998, is further amended by striking out "registration" in the second line and substituting "permit".

(3) Subsection 9(3) of Chapter 291, as amended by Chapter 8 of the Acts of 1998, is further amended by striking out "registration" in the first and in the second line and substituting in each case "permit".

21 Subsection 10(1) of Chapter 291 is amended by striking out "registration" in the third line and substituting "permit".

22 Section 11 of Chapter 291 is amended by striking out "registered" in the second line and substituting "who holds a permit".

23 Clauses 26(a) and (b) of Chapter 291 are repealed and the following clauses substituted:

(a) where the person holds a permit under this Act, the permit holder's name and address; or

(b) where the person does not hold a permit under this Act, the person's full name and address.

24 (1) Subsection 27(1) of Chapter 291 is repealed and the following subsection substituted:

(1) No person shall

(a) carry on business as a mortgage broker unless the person holds a valid permit under this Act;

(b) carry on business as a mortgage broker otherwise than in the name of the permit holder or elsewhere than at or from the address of the permit holder; or

(c) advertise or in any other way indicate that the person is a mortgage broker other than under the name of the permit holder.

(2) Subsection 27(2) of Chapter 291 is amended by striking out "is registered" in the second line and substituting "holds a permit".

25 Section 28 of Chapter 291 is amended by striking out "is registered as a mortgage broker" in the first line and substituting "holds a permit".

PART V

MOTOR VEHICLE ACT

26 (1) Subsection 163(2) of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is amended by adding "or a person designated by the Minister" immediately after "Minister" in the first and second lines.

(2) Subsection 163(3) of Chapter 293 is amended by adding "or a person designated by the Minister" immediately after "Minister" in the second and in the fourth lines.

PART VI

PARTNERSHIPS AND BUSINESS NAMES

REGISTRATION ACT

27 Subsection 2A(3) of Chapter 335 of the Revised Statutes, 1989, the Partnerships and Business Names Registration Act, as enacted by Chapter 34 of the Acts of 1993, is amended by striking out "same" in the third line and substituting "equivalent".

28 Section 5 of Chapter 335 is amended by striking out "and verified under oath" in the last line.

29 (1) Clause 8(1)(b) of Chapter 335 is amended by striking out "articles duly verified by affidavit or by certificate of a notary public" in the first, second and third lines and substituting "agreement".

(2) Subsection 8(2) of Chapter 335 is amended by striking out "articles" in the third line and substituting "agreement".

PART VII

PUBLIC HIGHWAYS ACT

30 (1) Subsection 20(1) of Chapter 371 of the Revised Statutes, 1989, the Public Highways Act, is amended by

(a) adding "or a person designated by the Minister" immediately after "Minister" in the first line; and

(b) striking out "he" in the third line and substituting "the Minister or the person designated by the Minister".

(2) Subsection 20(2) of Chapter 371 is amended by striking out "of the Minister" in the second line.

(3) Subsection 20(3) of Chapter 371, as amended by Chapter 44 of the Acts of 1990, is further amended by striking out "of the Minister" in the second line.

PART VIII

SOLEMNIZATION OF MARRIAGE ACT

31 (1) Subsection 17(1) of Chapter 436 of the Revised Statutes, 1989, the Solemnization of Marriage Act, is amended by striking out the period at the end of clause (d) and substituting "; and" and by adding the following clause:

(e) where the affidavit indicates that a party to the intended marriage is a widower there shall be attached and form part of the affidavit a true copy of the former spouse's death certificate or other documentary proof of death.

(2) Section 17 of Chapter 436 is further amended by adding immediately after subsection (3) the following subsection:

(4) In addition to the affidavit required by this Section, the applicant shall produce to the issuer or provide

(a) certified copies of

(i) a valid photo driver's licence,

(ii) a birth certificate,

(iii) a baptismal certificate,

(iv) a passport, or

(v) a Canadian citizenship card; and

(b) two pieces of signed identification,

for each party to the intended marriage unless there exists exceptional and urgent circumstances, sufficient in the issuer's discretion, to justify waiving these requirements.

32 Subsection 19(1) of Chapter 436 is amended by striking out "Upon payment of the fee and the delivery to the issuer of the affidavit hereinbefore provided for" in the first and second lines and substituting "Upon the applicant paying the fee and meeting the requirements described in Section 17".

PART IX

EFFECTIVE DATE

33 Subsection 5(2) and Sections 27 to 29 come into force on such day as the Governor in Council orders and declares by proclamation.