BILL NO. 56

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

Private Bill

Anglican Church Act
(amended)

The Honourable John F. Hamm
Pictou Centre

First Reading: May 30, 2000

(Explanatory Note)

Second Reading: June 5, 2000

Third Reading: June 8, 2000 (WITH COMMITTEE AMENDMENTS)

This Bill

(a) changes the name of the Diocese of Nova Scotia to the Diocese of Nova Scotia and Prince Edward Island;

(b) changes the name of the body corporate now known as the Lord Bishop of Nova Scotia to the Bishop of Nova Scotia and Prince Edward Island; and

(c) changes the name of the Diocesan Synod of Nova Scotia to the Diocesan Synod of Nova Scotia and Prince Edward Island.

Be it enacted by the Governor and Assembly as follows:

1 Section 2 of Chapter 130 of the Acts of 1967, The Anglican Church Act, is amended by

(a) adding "and Prince Edward Island" immediately after "Scotia" in the second line of clause (b);

(b) adding "and Prince Edward Island" immediately after "Scotia" in the second line of clause (c); and

(c) striking out "Diocesan Synod of Nova Scotia" in the last line of clause (e) and substituting "Synod".

2 Chapter 130 is further amended by adding immediately after Section 2 the following heading and Section:

Continuation of Diocese

2A (1) The Diocese of the Anglican Church formerly known as the Diocese of Nova Scotia is continued on and from the fourteenth day of May, 1999, under the name Diocese of Nova Scotia and Prince Edward Island.

(2) A reference in any enactment or in any document to the Diocese of Nova Scotia shall, as regards any subsequent transaction, matter or thing, be read as a reference to the Diocese of Nova Scotia and Prince Edward Island.

(3) This Section does not affect the rights acquired by any person from a judgment or order of a court given or made in litigation or proceedings commenced on or before the twenty-ninth day of May, 2000.

3 (1) Subsection 3(1) of Chapter 130 is repealed and the following subsections substituted:

(1) The Bishop of Nova Scotia, having been constituted a corporation sole by Royal Letters Patent and the Bishop and the Bishops successors in office duly elected or acknowledged by the Synod, having been constituted a corporation sole by this Act under the name Lord Bishop of Nova Scotia, such corporation sole is hereby continued as a corporation sole on and from the fourteenth day of May, 1999, with perpetual succession under the name Bishop of Nova Scotia and Prince Edward Island and all real estate conveyed to or vested in the Bishop, whether in trust or otherwise, is vested in the corporation sole, subject to all existing trusts.

(1A) A reference in any enactment or in any document to the Lord Bishop of Nova Scotia shall, as regards any subsequent transaction, matter or thing, be read as a reference to the Bishop of Nova Scotia and Prince Edward Island.

(1B) This Section does not affect the rights acquired by any person from a judgment or order of a court given or made in litigation or proceedings commenced on or before the twenty-ninth day of May, 2000.

(2) Subsection 3(1A) of Chapter 130, as enacted by Chapter 98 of the Acts of 1983, and subsection 3(1B) of Chapter 130, as enacted by Chapter 98 of the Acts of 1983 and amended by Chapter 81 of the Acts of 1989, are renumbered as (1C) and (1D) respectively.

(3) Subsection 3(1D) of Chapter 130 is amended by striking out "(1A)" in the first line and substituting "(1C)".

(4) Subsection 3(2) of Chapter 130 is amended by

(a) striking out "of Nova Scotia" in the first line;

(b) striking out "Bishop" in the second line and substituting "bishop";

(c) striking out "Diocesan Synod of Nova Scotia" in the third line and substituting "Synod";

(d) striking out "Lord Bishop of Nova Scotia" in the fifth line and substituting "Bishop of Nova Scotia and Prince Edward Island"; and

(e) striking out "Lord Bishop of Nova Scotia" in the sixth and seventh lines and substituting "corporation sole".

4 Section 4 of Chapter 130 is amended by

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

(b) striking out "shall be" in the third and fourth lines and substituting "having been constituted";

(c) adding "is hereby continued on and from the fourteenth day of May, 1999, as a body corporate and politic under the name "Diocesan Synod of Nova Scotia and Prince Edward Island" immediately before "and" in the fifth line;

(d) adding "and Prince Edward Island" immediately after "Scotia" in the second last line; and

(e) adding the following subsections:

(2) A reference in any enactment or in any document to the Diocesan Synod of Nova Scotia shall, as regards any subsequent transaction, matter or thing, be read as a reference to the Diocesan Synod of Nova Scotia and Prince Edward Island.

(3) This Section does not affect the rights acquired by any person from a judgment or order of a court given or made in litigation or proceedings commenced on or before the twenty-ninth day of May, 2000.

5 Section 6 of Chapter 130 is amended by striking out "of Nova Scotia" in the fourth line.

6 This Act has effect on and after May 14, 1999.