BILL NO. 21

(as introduced)

1st Session, 60th General Assembly
Nova Scotia
55 Elizabeth II, 2006



Government Bill



Justice Administration Amendment (2006) Act



The Honourable Murray K. Scott
Minister of Justice



First Reading: June 30, 2006

(Explanatory Notes)

Second Reading: October 31, 2006

Third Reading: November 17, 2006 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

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Explanatory Notes

Clause 1 sets out the short title of the Act.

Clauses 2 to 6 make a number of housekeeping amendments to the Assessment Act to remove uncertainty in assessment applications to the Supreme Court of Nova Scotia and to remove references to the former county court and adds provisions dealing with the destruction of records and the electronic exchange of information between property owners and the Assessment Services Division of Service Nova Scotia and Municipal Relations.

Clauses 7 and 8 amend the Enforcement of Court Orders Act to

(a) provide that the duty of the Registrar of Motor Vehicles to suspend the driver's licence of a person who was in default of payment under the Act is subject to regulations; and

(b) remove unnecessary words from two subsections that may affect the interpretation of another subsection.

Clause 9 amends the Land Registration Act to remove the requirement that an application for registration be accompanied by the abstract of title upon which the opinion of title to the land is based.

Clause 10 amends the Land Registration Act to exempt from conversion requirements pieces of land that are being created as parcels under the Municipal Government Act solely for the purpose of consolidation with an abutting parcel that is not registered.

Clauses 11 to 14 add a new Part to the Land Titles Clarification Act respecting the reconciliation of ungranted land that exhibits current or historical usage and has never been acknowledged as Crown land.

Clause 15 adds regulation-making authority to the Public Archives Act.

Clause 16 transfers the power to appoint division registrars from the Governor in Council to the Registrar General.

Clause 17 gives the Registrar General authority to permit access to information where the Registrar has evaluated the request for access and is satisfied it is not for an unlawful purpose.

Clause 18 permits access to records of certain ages held by the Public Archives where the access is for valid historical or genealogical research.

Clause 19 repeals a regulation-making authority respecting access to or copies of information.

Clause 20 provides that this Act comes into force on proclamation.

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An Act Respecting
the Administration of Justice

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Justice Administration Amendment (2006) Act.

PART I

ASSESSMENT ACT

2 Subsection 20(3) of Chapter 23 of the Revised Statutes, 1989, the Assessment Act, is amended by adding "or if sent via an internet-based procedure prescribed by the Director addressed to the person at the last electronic address known to the assessor" immediately after "assessor" in the third line.

3 (1) Subsection 68A(2) of Chapter 23, as enacted by Chapter 9 of the Acts of 2000, is amended by striking out "any amended notice or" in the first line and substituting "the".

(2) Subsection 68A(3) of Chapter 23, as enacted by Chapter 9 of the Acts of 2000, is amended by striking out "an amendment is made or" in the first line.

4 (1) Subsection 94(1) of Chapter 23 is amended by

(a) adding "(application inter partes)" immediately after "notice" in the second line; and

(b) striking out "or to the county court" in the third line.

(2) Subsection 94(2) of Chapter 23 is amended by adding "(application inter partes)" immediately after "notice" in the first line.

(3) Subsection 94(3) of Chapter 23 is amended by adding "(application inter partes)" immediately after "notice" in the first line.

(4) Subsection 94(4) of Chapter 23 is amended by striking out "or of the county court" in the second line.

(5) Subsection 94(5) of Chapter 23 is amended by adding "(application inter partes)" immediately after "notice" in the first line.

5 Section 96 of Chapter 23 is amended by striking out "or by a county court" in the second and third lines.

6 Section 171 of Chapter 23 is amended by adding "(1)" immediately after the Section number and by adding the following subsection:

PART II

ENFORCEMENT OF COURT ORDERS ACT

7 (1) Subsection 3(2) of Chapter 40 of the Acts of 2005, the Enforcement of Court Orders Act, is amended by striking out "until the Registrar has received confirmation of payment pursuant to subsection (5)" in the fifth and sixth lines.

(2) Subsection 3(4) of Chapter 40 is amended by

(a) adding "and subject to the regulations" immediately after "Act" in the second line; and

(b) striking out "until the Registrar has received confirmation of payment pursuant to subsection (5)" in the third and fourth lines.

8 Clause 4(1)(a) of Chapter 40 is amended by adding ", (4)" immediately after "(3)".

PART III

LAND REGISTRATION ACT

9 Subsection 37(4) of Chapter 6 of the Acts of 2001, the Land Registration Act, as amended by Chapter 19 of the Acts of 2002 and Chapter 38 of the Acts of 2004, is further amended by

(a) striking out "the abstract of title required by clause (c)" in the last line of clause (b) and substituting "an abstract of title"; and

(b) striking out clause (c).

10 Subsection 46(3) of Chapter 6, as amended by Chapter 19 of the Acts of 2002 and Chapter 38 of the Acts of 2004, is further amended by adding immediately after clause (ad) the following clause:

PART IV

LAND TITLES CLARIFICATION ACT

11 The title to Chapter 250 of the Revised Statutes, 1989, the Land Titles Clarification Act, is amended by striking out "in Communities within Municipalities".

12 Section 2 of Chapter 250 is repealed and the following Section substituted:

13 Chapter 250 is further amended immediately by adding after Section 2A the following headings and Section:

14 Chapter 250 is further amended by adding immediately after Section 9 the following headings and Sections:

PART II

UNGRANTED LAND

PART V

PUBLIC ARCHIVES ACT

15 Subsection 23(1) of Chapter 24 of the Acts of 1998, the Public Archives Act, is repealed and the following subsection substituted:

PART VI

VITAL STATISTICS ACT

16 Section 31 of Chapter 494 of the Revised Statutes, 1989, the Vital Statistics Act, as enacted by Chapter 8 of the Acts of 1998, is amended by striking out "Governor in Council" in the first line and substituting "Registrar".

17 Subsection 35(1) of Chapter 494 is amended by

(a) striking out "and" at the end of clause (c);

(b) striking out the period at the end of clause (d) and substituting "; and"; and

(c) adding immediately after clause (d) the following clause:

18 Chapter 494 is further amended by adding immediately after Section 45 the following Section:

19 Clause 51(1)(e) of Chapter 494 is repealed

PART VII

COMING INTO FORCE

20 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

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