BILL NO. 60

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

Government Bill

Members and Public Employees Disclosure Act
(amended)

The Honourable John F. Hamm, M.D.
President of the Executive Council

First Reading: June 7, 2000

(Explanatory Note)

Second Reading: October 27, 2000

Third Reading: November 30, 2000 (NO COMMITTEE AMENDMENTS)

This Bill amends the Members and Public Employees Disclosure Act to provide for the adoption of a Ministerial Code of Conduct for members of the Executive Council and provides that the code tabled in the House of Assembly on November 18, 1999, is the Ministerial Code of Conduct unless amended or replaced.

Be it enacted by the Governor and Assembly as follows:

1 Section 3 of Chapter 4 of the Acts of 1991, the Members and Public Employees Disclosure Act, is amended by adding immediately after clause (f) the following clause:

(fa) "Ministerial Code of Conduct" means a code of conduct for members of the Executive Council adopted pursuant to Section 7A;

2 Chapter 4 is amended by adding immediately after Section 7 the following headings and Section:

PART IA

MINISTERIAL CODE OF CONDUCT

7A (1) The Governor in Council may adopt a code of conduct for members of the Executive Council.

(2) The Ministerial Code of Conduct and any amendment to the Ministerial Code of Conduct take effect when the code or the amendment is tabled in the House of Assembly.

(3) The ministerial code of conduct tabled in the House of Assembly by the Premier on November 18, 1999, is the Ministerial Code of Conduct until it is amended or replaced by the Governor in Council pursuant to this Section.

3 Section 28 of Chapter 4 is amended by adding immediately after subsection (2) the following subsection:

(2A) The designated person shall inquire into a complaint or answer a question referred to the designated person pursuant to the Ministerial Code of Conduct.

4 (1) Subsection 29(1) of Chapter 4 is amended by

(a) striking out "or the regulations" in the second line of clause (a) and substituting ", the regulations or the Ministerial Code of Conduct";

(b) striking out "or the regulations" in the second line of clause (b) and substituting ", the regulations or the Ministerial Code of Conduct";

(c) striking out the semicolon after subclause (b)(iv) and substituting a comma, and adding the following subclause:

(v) cease any contravention of the Ministerial Code of Conduct;

and

(d) striking out "or the regulations" in the third line of clause (d) and substituting ", the regulations or the Ministerial Code of Conduct".

(2) Subsection 29(2) of Chapter 4 is amended by adding after "Halifax" in the third line "and, where the inquiry is with respect to the Ministerial Code of Conduct, shall also be delivered to the President of the Executive Council".

(3) Subclause 29(5)(c)(ii) of Chapter 4 is amended by striking out "or the regulations" in the third line and substituting ", the regulations or the Ministerial Code of Conduct".

(4) Subsection 29(6) of Chapter 4 is amended by

(a) striking out "or the regulations" in the third line and substituting ", the regulations or the Ministerial Code of Conduct"; and

(b) striking out "or the regulations" in the third line of clause (e) and substituting ", the regulations or the Ministerial Code of Conduct".

5 Chapter 4 is further amended by

(a) striking out the words "Trial Division of the Supreme Court" and "Trial Division" wherever they appear in Chapter 4 and substituting in each case "Supreme Court of Nova Scotia"; and

(b) striking out the words "Appeal Division of the Supreme Court" wherever they appear in Chapter 4 and substituting in each case "Nova Scotia Court of Appeal".