BILL NO. 35

(as introduced)

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



Private Member's Bill



Junior Order of Nova Scotia Act



Wayne Gaudet
Clare



First Reading: July 5, 2006

Second Reading:

Third Reading:

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An Act to Establish
the Junior Order of Nova Scotia

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Junior Order of Nova Scotia Act.

2 In this Act,

(a) "Advisory Council" means the Junior Order of Nova Scotia Advisory Council;

(b) "Chancellor" means the Chancellor of the Order;

(c) "Order" means the Order of Nova Scotia;

(d) "Secretary" means the Secretary of the Order.

3 The Minister responsible for the Youth Secretariat has the general supervision and management of this Act.

4 The Junior Order of Nova Scotia is hereby established.

5 The object of the Order is to honour young Nova Scotians who have distinguished themselves by an outstanding voluntary contribution to the cultural life or to the social or economic well-being of the Province, by an outstanding achievement or by excelling in any field of endeavour to the benefit of the people of the Province or elsewhere.

6 The Lieutenant Governor is the Chancellor of the Order.

7 The Order consists of the Chancellor and the individuals who become members of the Order pursuant to this Act.

8 (1) There shall be a Junior Order of Nova Scotia Advisory Council consisting of

(a) a Chair, appointed by the President of the Executive Council;

(b) the Clerk of the Executive Council;

(c) the president of a university in the Province, appointed by the President of the Executive Council;

(d) the principal of a high school in the Province, appointed by the President of the Executive Council;

(e) one member of the Order, appointed by the President of the Executive Council;

(f) one other person appointed by the Youth Advisory Council;

(g) one person appointed by the Leader of the Opposition in the House of Assembly; and

(h) one person appointed by each leader of a recognized party in the House of Assembly, other than the leaders referred to in clause (g).

(2) Every member of the Advisory Council must be a resident of the Province.

(3) Subject to the regulations,

(a) a person appointed pursuant to clause (1)(a), (g) or (h) holds office for a term of three years and may be re-appointed once;

(b) a person appointed pursuant to clause (1)(c), (d) or (e) holds office for a term of three years and may not be re-appointed to succeed himself or herself; and

(c) a person appointed pursuant to clause (1)(f) holds office for a term not exceeding the person's remaining term of membership on the Youth Advisory Council and may not be re-appointed to succeed himself or herself.

9 A vacancy on the Advisory Council does not impair the right of the remaining members to act.

10 Subject to Section 24, the Chair and other members of the Advisory Council are not entitled to any remuneration but shall be reimbursed for reasonable expenses necessarily incurred in the performance of their duties.

11 The Advisory Council shall

(a) meet at least annually;

(b) consider nominations for membership in the Order;

(c) submit to the President of the Executive Council lists of nominees who, in the opinion of the Advisory Council, are worthy of membership in the Order; and

(d) advise the President of the Executive Council on any other matter respecting the Order that the President of the Executive Council may refer to the Advisory Council.

12 The Advisory Council may determine the procedures for the conduct of its business.

13 (1) Subject to Section 24, the President of the Executive Council may designate a person in the public service as the Secretary of the Advisory Council.

(2) The Secretary shall

(a) maintain the records of the Order and the Advisory Council;

(b) receive nominations for membership in the Order;

(c) arrange for investitures; and

(d) perform any other functions with respect to the Order that the Advisory Council may require.

14 (1) Subject to subsection (2), persons who reside in the Province and are at least sixteen years of age and less than twenty-five years of age are eligible to become members of the Order.

(2) A person may be invested as a member of the order posthumously if the person is nominated within one year of the date of that person's death.

15 (1) Individuals and organizations may nominate individuals to become members of the Order.

(2) For greater certainty, members of the Advisory Council may nominate individuals to become members of the Order.

(3) Nominations shall be submitted to the Secretary.

(4) Each year the Advisory Council shall select, from the nominations submitted to it, up to five candidates for membership in the Order and submit their names to the President of the Executive Council for approval.

(5) Notwithstanding subsection (4), the Advisory Council may select up to ten candidates in the first year.

16 Each year the President of the Executive Council may recommend to the Chancellor the candidates selected by the Advisory Council and approved by the President of the Executive Council for investiture as a member of the Order.

17 Subject to Section 24, the Chancellor shall invest as a member of the Order each person recommended by the President of the Executive Council pursuant to this Act.

18 Subject to this Act, upon being invested with the Order, a person is a member of the Order for life.

19 The Order is the second highest honour of the Province and takes precedence over any other honour conferred by Her Majesty in right of the Province.

20 A member of the Order is entitled to

(a) wear the insignia of the Order as a decoration; and

(b) use the initials "O. J. N. S." after the member's name.

21 (1) A member may resign from the Order by giving written notice of intention to resign, signed by the member, to the Secretary.

(2) The Chancellor may terminate a person's membership in the Order

(a) on the recommendation of the Advisory Council; and

(b) with the approval of the President of the Executive Council.

(3) Where a person ceases to be a member of the Order pursuant to this Section, that person shall immediately return to the Secretary any documentation of membership in the Order and the insignia of the Order that were presented to that person on that person's investiture as a member of the Order.

22 (1) No person who is not a member of the Order shall

(a) hold himself or herself out as a member of the Order;

(b) display or use any insignia of the Order to indicate membership in the Order; or

(c) use the initials "O. J. N. S." after that person's name to indicate membership in the Order.

(2) Any person who contravenes this Section is guilty of an offence and is liable on summary conviction to a fine of not more than two thousand dollars.

23 (1) The Governor in Council may make regulations

(a) prescribing the terms of office of members of the Advisory Council;

(b) respecting nominations for membership in the Order for consideration by the Advisory Council;

(c) respecting documentation of membership in the Order;

(d) prescribing the insignia of the Order and governing their use and display;

(e) defining any word or expression used but not defined in this Act;

(f) respecting any other matter necessary or advisable to carry out the intent and purpose of this Act.

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

24 The moneys required for the purpose of this Act shall be paid out of money appropriated by the Legislature for that purpose and nothing in this Act affects the appropriation or expenditure of money not appropriated for that purpose.

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

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