BILL NO. 73

(as introduced)

1st Session, 59th General Assembly
Nova Scotia
53 Elizabeth II, 2004

Government Bill

Justice Administration Amendment (2004) Act

The Honourable Michael G. Baker, Q.C.
Minister of Justice

First Reading: May 7, 2004

(Explanatory Notes)

Second Reading: May 10, 2004

Third Reading: May 20, 2004 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 sets out the short title of the Act.

Clause 2 replaces an outdated reference to "stationary engineer" with the current term "power engineer".

Clauses 3 and 4 enable a municipality to enter into an agreement with a school board respecting a community facility that is not within that municipality.

Clause 5 amends the Elections Act by removing the requirement that the Chief Electoral Officer be a barrister.

Clause 6 amends the Elections Act to give the Chief Electoral Officer the power to appoint returning officers in exigent circumstances.

Clause 7 amends the definitions of "commercial flea market" and "operator" in the Flea Markets Regulation Act, removing references to the Revenue Act.

Clause 8 amends subsection 3(3) of the Flea Markets Regulation Act, which provides an exception from the prohibition on selling "prohibited goods" for vendors with proof of lawful acquisition of those goods, by narrowing the exception to authorized sales representatives of producers, manufacturers, wholesalers, distributors or retailers of the goods.

Clause 9 adds Sections to the Flea Markets Regulation Act requiring a vendor or operator to produce or provide a peace officer with access to prescribed goods and giving peace officers seizure powers with respect to prescribed goods and prohibited goods.

Clause 10 adds regulation-making powers to the Flea Markets Regulation Act

Clause 11 amends the definition of "Registrar" in the Interior Designers Act to reflect that the word is used in reference to the Registrar of the Nova Scotia Court of Appeal in addition to the Registrar of the Association.

Clause 12 replaces two subsections that referred to the filing of appeals with the Clerk of the Court rather than the Registrar of the Court.

Clause 13 amends the regulation-making powers respecting conduct of members in clauses 43(1)(k) and (q) of the Interior Designers Act to reflect the language used in Section 22 of the Act.

Clause 14 corrects an incorrect cross-reference in the Justice Administration Amendment (2003) Act.

Clause 15 provides a time limit for bringing appeals before the Labour Standards Tribunal.

Clause 16 corrects an incorrect cross-reference in the Labour Standards Code.

Clauses 17 to 19 amend the Labour Standards Code to ensure that an employee with more than eight years of service with an employer is entitled to at least three weeks of vacation pay where their vacation is not awarded as an unbroken period.

Clause 20 renumbers a Section of the Labour Standards Code.

Clause 21 ensures that the operator of an out-of-Province vehicle must have a valid vehicle registration and produce it on demand by a peace officer.

Clause 22 ensures that the operator of an out-of-Province vehicle must have a valid number plate.

Clause 23 ensures that the operator of an out-of-Province vehicle must have a motor vehicle liability policy for the vehicle.

Clause 24 amends the Occupational Health and Safety Act adding a Ministerial power to remunerate members of the Occupational Health and Safety Advisory Council.

Clause 25 expands the definition of "agency" in the Ombudsman Act.

Clause 26 adds a regulation-making power for the purpose of Clause 25.

Clauses 27 to 29 change the mandatory retirement age for judges under the Provincial Court Act from sixty-five years to seventy years and make it possible for any judge who was required to retire on or after November 1, 2003 to be put in the position the judge would have been in if not required to retire.

Clause 30 amends the Public Service Act to permit designations of acting ministers to be made retroactively.

Clause 31 amends the Special Places Protection Act to provide that a designation of an ecological site runs with the land and is not affected by a tax deed.

Clause 32 makes the Act effective upon proclamation except that Clauses 3 and 4 are retroactive to April 1, 2002, Clause 6 comes into force on Royal Assent and Clauses 27 to 29 are retroactive to November 1, 2003.

An Act Respecting
the Administration of Justice

1 This Act may be cited as the Justice Administration Amendment (2004) Act.

PART I

CRANE OPERATORS AND POWER ENGINEERS ACT

2 Subsection 31(4) of Chapter 23 of the Acts of 2000, the Crane Operators and Power Engineers Act, is amended by striking out "stationary" in the third and fourth lines and in the fourth line and substituting in each case "power".

PART II

EDUCATION ACT

3 Subsection 133(1) of Chapter 1 of the Acts of 1995-96, the Education Act, is amended by striking out "within the municipality" in the fourth and fifth lines.

4 Subsection 134(3) of Chapter 1 is amended by striking out "in which a school to which the agreement relates is located" in the fourth and fifth lines and substituting "that benefits from the community facility to which the agreement relates".

PART III

ELECTIONS ACT

5 Subsection 4(1) of Chapter 140 of the Revised Statutes, 1989, the Elections Act, is amended by striking out "a barrister" in the second line.

6 Section 14 of Chapter 140, as amended by Chapter 43 of the Acts of 2001, is further amended by adding immediately after subsection (1) the following subsection:

(1A) Notwithstanding subsection (1), where the Chief Electoral Officer believes exigent circumstances exist that require the immediate appointment of a returning officer for an electoral district to ensure readiness for an election or conduct of an election, the Chief Electoral Officer may appoint a returning officer for that electoral district, and that returning officer holds office until a returning officer is appointed for the electoral district pursuant to subsection (1).

PART IV

FLEA MARKETS REGULATION ACT

7 Section 2 of Chapter 5 of the Acts of 2000, the Flea Markets Regulation Act, is amended by

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

(a) "commercial flea market" means an event organized for the sale of goods at which an operator leases or rents or otherwise provides a table, selling space or other facility to a person for the purpose of conducting sales of goods and includes an event commonly known as a flea market or an operation designated as a commercial flea market by regulation, but does not include an event operated by a body organized and operated exclusively for religious, educational, charitable or community-service purposes;

and

(b) striking out "tangible personal property subject to tax under Part II of the Revenue Act" in the fourth and fifth lines of clause (b) and substituting "goods at a commercial flea market".

8 Subsection 3(3) of Chapter 5 is amended by

(a) adding ", distributor" immediately after "wholesaler" in the third line; and

(b) striking out "of such acquisition" in the fifth and sixth lines and substituting "that the vendor is an authorized sales representative of the producer, manufacturer, wholesaler, distributor or retailer of the goods".

9 Chapter 5 is further amended by adding immediately after Section 6 the following Sections:

6B Where a vendor or operator fails to provide a peace officer with information requested pursuant to Section 6 with respect to prescribed goods found at a commercial flea market or where the peace officer is satisfied on reasonable and probable grounds that the information provided is incomplete or inaccurate, the peace officer may, without laying any information or obtaining any warrant, seize and remove those goods.

6C Where a peace officer, finds goods at a commercial flea market that the peace officer is satisfied, on reasonable and probable grounds, are

(a) prohibited goods; and

(b) not being sold by an authorized sales representative of the producer, manufacturer, wholesaler, distributor or retailer of the goods,

the peace officer may, without laying any information or obtaining any warrant, seize and remove those goods.

6D For greater certainty, Sections 2E to 2G of the Summary Proceedings Act apply to the seizure of goods under Section 6B or 6C.

10 Subsection 8(1) of Chapter 5 is amended by adding immediately after clause (a) the following clauses:

(ab) respecting requirements for proof that a vendor is an authorized sales representative of a producer, manufacturer, wholesaler, distributor or retailer of goods for the purpose of subsection 3(3);

PART V

INTERIOR DESIGNERS ACT

11 Clause 2(k) of Chapter 6 of the Acts of 2003, the Interior Designers Act, is amended by adding ", unless the context otherwise requires," immediately after "means".

12 Subsections 32(2) and (3) of Chapter 6 are repealed and the following subsections substituted:

(3) Upon receipt of a notice of appeal, the Registrar appointed under this Act shall request a copy of the record of proceedings before the hearing committee and shall file it and a copy of the decision or order being appealed from with the Registrar of the Court.

13 Subsection 43(1) of Chapter 6 is amended by

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

(k) respecting professional misconduct, conduct unbecoming an interior designer and professional incompetence;

and

(b) striking out clause (q) and substituting the following clause:

(q) defining "professional misconduct", "conduct unbecoming an interior designer" and "professional incompetence";

PART VI

JUSTICE ADMINISTRATION AMENDMENT (2003) ACT

14 Section 3 of Chapter 7 of the Acts of 2003, the Justice Administration Amendment (2003) Act, is amended by striking out "1" in the first line and substituting "2".

PART VII

LABOUR STANDARDS CODE

15 Section 23 of Chapter 246 of the Revised Statutes, 1989, the Labour Standards Code, is amended by adding immediately after subsection (3) the following subsection:

(a) the receipt of that complaint by the Director; or

(b) the initiation of an inquiry by the Director.

16 Subsection 30(2) of Chapter 246, as enacted by Chapter 14 of the Acts of 1991, is amended by striking out "(e)" in the third line and substituting "(d)".

17 (1) Clause 32(1)(c) of Chapter 246 is amended by adding "or, where the employee has been in the employ of the employer for more than eight years, an amount at least equal to six per cent," immediately after "cent" in the third line.

(2) Clause 32(2)(a) of Chapter 246 is amended by striking out "two weeks" in the second line and substituting "the length of vacation to which the employee is entitled under that clause".

18 Subsection 33(2) of Chapter 246, as enacted by Chapter 14 of the Acts of 1991, is amended by adding "or, where the employee has been in the employ of the employer for more than eight years, an amount at least equal to six per cent," immediately after "cent" in the sixth line.

19 Section 34 of Chapter 246 is amended by adding "or, where the employee has been in the employ of the employer for more than eight years, an amount at least equal to six per cent," immediately after "cent" in the seventh line.

20 Section 60E of Chapter 246, as enacted by Chapter 7 of the Acts of 2003 (Second Session), is renumbered as Section 60G.

PART VIII

MOTOR VEHICLE ACT

21 (1) Subsection 18(1) of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is amended by striking out "subsection (2)" in the first line and substituting "subsections (2) and (3)".

(2) Section 18 of Chapter 293 is further amended by adding immediately after subsection (2) the following subsection:

(3) Where a vehicle is registered in another province of Canada or in a state, an unexpired proof of registration for the vehicle issued by that other province or that state shall at all times while the vehicle is being operated upon a highway within this Province be in the possession of the driver thereof or carried in the vehicle and subject to inspection by any peace officer and subsection (1) does not apply.

22 Section 37 of Chapter 293 is amended by

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

(b) adding the following subsection:

(2) In this Section, "number plate" and "permit" include a number plate or permit issued in respect of a vehicle registered in another province of Canada or in a state.

23 Chapter 293 is further amended by adding immediately after Section 230 the following Section:

(2) In a prosecution for a violation of subsection (1), where the court is satisfied that the defendant failed to produce forthwith upon the request of a peace officer a motor vehicle liability insurance card issued pursuant to the law of the jurisdiction in which the motor vehicle is registered for a policy as required by subsection (1) that was valid and subsisting at the time of driving, such failure is proof, in the absence of evidence to the contrary, that there was not in force at the time of driving a motor vehicle liability policy as required by subsection (1).

(3) No person shall be convicted of a violation of subsection (1) if the person establishes that at the time the motor vehicle was driven,

(a) proof of financial responsibility in the amounts and to the limits required by the law of the jurisdiction in which the motor vehicle is registered; or

(b) a financial responsibility card was issued under the law of the jurisdiction in which the motor vehicle is registered,

in respect of the person or the motor vehicle.

PART IX

OCCUPATIONAL HEALTH AND SAFETY ACT

24 Subsection 25(9) of Chapter 7 of the Acts of 1996, the Occupational Health and Safety Act, is amended by adding ", plus such remuneration as is determined by the Minister" immediately after "Council" the second time it appears in the fourth line.

PART X

OMBUDSMAN ACT

25 Clause 2(a) of Chapter 327 of the Revised Statutes, 1989, the Ombudsman Act, is amended by

(a) striking out "and" at the end of subclause (i) and substituting "or"; and

(b) adding "and is designated by the Governor in Council" immediately after "Province" in the last line of subclause (ii).

26 Chapter 327 is further amended by adding immediately after Section 27 the following Section:

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

PART XI

PROVINCIAL COURT ACT

27 Subsection 6(2) of Chapter 238 of the Revised Statutes, 1989, the Provincial Court Act, is repealed and the following subsection substituted:

(2) Except as otherwise provided in this Act and notwithstanding any other enactment, every judge or judge of the Family Court shall retire from office upon reaching the age of seventy years. 28 (1) Subsection 23(2) of Chapter 238, as amended by Chapter 29 of the Acts of 2000, is further amended by

(a) striking out "sixty-five" in the second line of subclause (a)(iii) and substituting "seventy"; and

(b) striking out "sixty-five" in the fourth line of clause (b) and substituting "seventy".

(2) Clause 23(3)(b) of Chapter 238 is amended by striking out "sixty-five" in the fourth line and substituting "seventy".

29 (1) Any judge of the provincial court who, on a day on or after November 1, 2003 and before the coming into force of Section 27, was required to retire by virtue of subsection 6(2) of Chapter 238, as it was immediately before the coming into force of Section 27, is deemed not to have retired and to have continued in office from that day.

(2) For greater certainty, the period during which a judge referred to in subsection (1) was required to retire by virtue of subsection 6(2) of Chapter 238 as it was immediately before the coming into force of Section 27 is deemed to be service for the purpose of determining entitlement to or calculation of a pension under Section 23 of Chapter 238.

(3) The Minister of Finance may make any payment, set off any amount to which a judge was entitled because the judge was required to retire by virtue of subsection 6(2) of Chapter 238 as it was immediately before the coming into force of Section 27, or do any other thing necessary to give effect to subsection (1).

PART XII

PUBLIC SERVICE ACT

30 Section 5 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 adding "(1)" immediately after the Section number and by adding the following subsection:

(2) A designation made pursuant to subsection (1) may be made retroactive to the time when the acting minister began to act in the stead of the member of the Executive Council.

PART XIII

SPECIAL PLACES PROTECTION ACT

31 Section 14 of Chapter 438 of the Revised Statutes, 1989, the Special Places Protection Act, as amended by Chapter 45 of the Acts of 1990, is further amended by adding immediately after subsection (7) the following subsections:

(a) runs with the land to which it applies and binds all successors in title to the land or any estate in the land unless the designation is terminated pursuant to this Act; and

(b) is not affected by any tax deed conveying the land to which it applies.

(9) Subsection (8) applies to all designations of ecological sites whether made before or after the coming into force of that subsection.

PART XIV

EFFECTIVE DATES

32 (1) This Act, except Sections 3, 4, 6 and 27 to 29, comes into force on such day as the Governor in Council orders and declares by proclamation.

(2) Sections 3 and 4 have effect on and after April 1, 2002.

(3) Notwithstanding Section 219 of the Elections Act, Section 6 comes into force upon this Act receiving Royal Assent.

(4) Sections 27 to 29 have effect on and after November 1, 2003.

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2004 Crown in right of Nova Scotia. Created May 21, 2004. Send comments to legc.office@gov.ns.ca.

BILL NO. 73

(as introduced)

Justice Administration Amendment (2004) Act

Explanatory Notes

An Act Respecting the Administration of Justice

An Act Respecting
the Administration of Justice