BILL NO. 52

1st Session, 58th General Assembly
Nova Scotia
49 Elizabeth II, 2000

Private Bill

Halifax-Dartmouth Real Estate Board Act
(amended)

The Honourable Michael G. Baker
Lunenburg

First Reading: May 8, 2000

(Explanatory Notes)

Second Reading: May 26, 2000

Third Reading: June 8, 2000 (NO COMMITTEE AMENDMENTS)

Clause 1 changes the long title to the Act.

Clause 2

(a) adds a short title to the Act;

(b) adds a definition to the Act; and

(c) changes the name of the Halifax-Dartmouth Real Estate Board to the Nova Scotia Association of Realtors.

Clause 3

(a) makes it clear that the Nova Scotia Association of Realtors operates on a Province-wide basis, and not just in the Halifax Regional Municipality; and

(b) replaces a reference to the Canadian Association of Real Estate Boards with a reference to the Canadian Real Estate Association.

Clause 4 removes a provision that enabled the Association, by by-law, to provide for the distribution of any surplus funds it may have upon its winding up or dissolution for the purpose of extension courses and adult education and replaces it with a provision that enables such surplus funds to be distributed in accordance with a by-law, rule or regulation of the Association.

Clause 5 removes certain spent provisions with respect to the first annual meeting.

Clause 6 replaces the President and Secretary with such officers as are designated by the by-laws as the officers who may execute documents on behalf of the Association.

Clause 7 makes amendments that are necessary as a result of the change of name made by Clause 2.

Be it enacted by the Governor and Assembly as follows:

1 The long title of Chapter 110 of the Acts of 1958, An Act to Incorporate Halifax-Dartmouth Real Estate Board, is changed from An Act to Incorporate Halifax-Dartmouth Real Estate Board to An Act Respecting the Nova Scotia Association of Realtors.

2 Section 1 of Chapter 110 is repealed and the following Sections substituted:

1 This Act may be cited as the Nova Scotia Association of Realtors Act.

1A In this Act, "Association" means the Nova Scotia Association of Realtors.

1B (1) The Halifax-Dartmouth Real Estate Board is hereby continued as a body corporate under the name Nova Scotia Association of Realtors.

(2) A reference in any enactment or document to the Halifax-Dartmouth Real Estate Board shall, as regards any subsequent transaction, matter or thing, be read as a reference to the Nova Scotia Association of Realtors.

3 Section 2 of Chapter 110 is amended by

(a) striking out "Halifax, Dartmouth, the County of Halifax and" in the second and third lines of clause (c) and substituting "the";

(b) striking out "in Halifax, Dartmouth, the County of Halifax and" in the second and third lines of clause (h);

(c) striking out "Association of Real Estate Boards" in the first and second lines of clause (j) and substituting "Real Estate Association"; and

(d) striking out "Association of Real Estate Boards" in the second and third lines of clause (k) and substituting "Real Estate Association".

4 Section 4 of Chapter 110 is amended by striking out all that portion of that Section immediately after "otherwise" in the third last line to the end of that Section and substituting "and, for greater certainty, where such a by-law, rule or regulation provides for the distribution of such surplus funds upon winding up, dissolution or otherwise, such funds shall be distributed in accordance with the by-law, rule or regulation, notwithstanding the Companies Winding Up Act, the Dissolved Corporations Act or any other enactment".

5 Section 6 of Chapter 110 is repealed and the following Section substituted:

6 There shall be a general meeting of the Association held annually at such time as is determined by the by-laws of the Association.

6 Section 7 of Chapter 110 is amended by striking out "its President and Secretary" in the first and second lines and substituting "such officers as are designated by the by-laws of the Association".

7 Chapter 110 is further amended by striking out "Board" wherever it appears in Chapter 110 and substituting in each case "Association".