BILL NO. 17

(as introduced)

3rd Session, 58th General Assembly
Nova Scotia
52 Elizabeth II, 2003

Government Bill

Justice Administration Amendment (2003) Act

The Honourable Jamie Muir
Minister of Justice

First Reading: April 1, 2003

(Explanatory Notes)

Second Reading: May 20, 2003

Third Reading: May 22, 2003 (LINK TO BILL AS PASSED)

Clause 1 sets out the short title of the Act.

Clauses 2 and 3 enable a member of a board, tribunal, commission or other body with adjudicative powers to complete an unfinished matter after ceasing to be a member of that body if that body has been designated by the Governor in Council.

Clause 4 gives priority over a subsequent registered mortgage to later advances under an earlier registered mortgage unless written notice of the registration of the subsequent mortgage is given to the holder of the earlier mortgage.

Clause 5 provides that ministers of the Crown, with the approval of the Governor in Council, may enter into agreements with the governments of foreign states, governments of constituent units of those states or associations of those states or units.

Clause 6 increases the period for commencing proceedings in court from one year to six years and increases the period for commencing proceedings before the Securities Commission from two years to six years. In addition, the time periods will begin to run from the date of the occurrence of the last event upon which the proceeding is based rather than after the facts upon which the proceedings are based first came to the knowledge of the Securities Commission. This will make the limitation periods in the Securities Act the same as those in most other provincial jurisdictions.

Clause 7 ensures that orders of the Small Claims Court are subject to the same restrictions on enforcement as orders of the Supreme Court of Nova Scotia.

Clauses 8 and 9 enable the Governor in Council to delegate to a presiding justice of the peace powers of a judge of a youth justice court.

Clause 10 makes Clause 4 effective the date that the Land Registration Act came into force.

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Justice Administration Amendment (2003) Act.

PART I

INTERPRETATION ACT

2 Chapter 235 of the Revised Statutes, 1989, the Interpretation Act, is amended by adding immediately after Section 18 the following Section:

18A (1) For the purpose of this Section, the Governor in Council may designate a board, tribunal, commission or other body that has adjudicative powers.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.

(3) Where a member of a body designated by the Governor in Council pursuant to this Section resigns office or retires or the member's term of office expires or is terminated, the member shall, during such period of time as the Governor in Council orders, have and exercise the jurisdiction of a member in respect of any application, appeal, proceedings, matter or thing heard before the member or commenced by the member as a member of that body, including the power to complete any unfinished matter and give a decision in that matter as if the member had not so resigned or retired or the member's term of office had not expired or been terminated.

(4) For greater certainty, nothing in subsection (3) precludes the appointment of a new member to fill a vacancy created by such resignation, retirement, expiry or termination and such appointment does not affect the operation of subsection (3).

(5) A designation by the Governor in Council pursuant to subsection (1) or an order by the Governor in Council pursuant to subsection (3) may be made before or after such resignation, retirement, expiry or termination, and may be retroactive in effect.

3 Section 1 applies whether the resignation, retirement or expiry referred to in Section 2 occurred before or after the coming into force of this Act.

PART II

LAND REGISTRATION ACT

4 Subsection 52(2) of Chapter 6 of the Acts of 2001, the Land Registration Act, is repealed and the following subsections substituted:

(2) A mortgage has priority over subsequent recorded interests to the extent of the obligations secured and the sums actually advanced under the mortgage, not exceeding the amount for which the mortgage is expressed to be a security, even though part of the sums may have been advanced after the recording of a subsequent interest.

(2A) Subsection (2) applies to a mortgage that secures a running, current or revolving account or line of credit even though some or all of the sums advanced under it from time to time have been repaid.

(2B) Subsection (2) does not apply to any advance made after

(a) the holder of a subsequent recorded interest serves written notice of the subsequent interest and its recording particulars, on the holder of the prior mortgage, and records a copy of the notice in the parcel register; or

(b) a lien pursuant to the Mechanics' Lien Act is recorded.

PART III

PUBLIC SERVICE ACT

5 Section 6 of Chapter 376 of the Revised Statutes, 1989, the Public Service Act, as enacted by Chapter 4 of the Acts of 2001, is amended by

(a) striking out "or" the first time it appears in the fourth line and substituting a comma;

(b) adding ", the government of a foreign state or subnational unit or an association of foreign states or subnational units" after "province" in the fourth line;

(c) striking out "or" in the seventh line and substituting a comma; and

(d) adding ", with the government of a foreign state or subnational unit or with an association of foreign states or subnational units" after "province" in the eighth line.

PART IV

SECURITIES ACT

6 Section 136 of Chapter 418 of the Revised Statutes, 1989, the Securities Act, is repealed and the following Section substituted:

136 (1) No proceedings shall be commenced in a court more than six years from the date of the occurrence of the last event upon which the proceeding is based.

(2) No proceedings under this Act shall be commenced before the Commission more than six years from the date of the occurrence of the last event upon which the proceeding is based.

PART V

SMALL CLAIMS COURT ACT

7 Subsection 31(1) of Chapter 430 of the Revised Statutes, 1989, the Small Claims Court Act, as enacted by Chapter 16 of the Acts of 1992, is amended by adding "and Section 45 of the Judicature Act applies" immediately after "Court" in the last line.

PART VI

YOUTH JUSTICE ACT

8 Section 13 of Chapter 38 of the Acts of 2001, the Youth Justice Act, is amended by adding immediately after subsection (5) the following subsection:

(5A) Subject to the regulations, the Governor in Council may delegate to a presiding justice of the peace, appointed pursuant to the Justices of the Peace Act, powers of a judge of a youth justice court.

(aa) delegating powers for the purpose of subsection 13(5A);

PART VII

GENERAL

10 Section 4 has effect on and after March 24, 2003.