BILL NO. 58

(as introduced)

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



Government Bill



Justice Administration Amendment (Fall 2006) Act



The Honourable Murray K. Scott
Minister of Justice



First Reading: October 30, 2006

(Explanatory Notes)

Second Reading: November 6, 2006

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

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Explanatory Notes

Clause 1 sets out the short title of the Act.

Clauses 2 and 3 amend the Business Electronic Filing Act to authorize the collection of certain business information where information is otherwise being provided pursuant to enactments designated by the Governor in Council pursuant to that Act.

Clause 4 provides that the registrar of deeds or the registrar under the Land Registration Act receive duplicate copies of plans and diagrams delivered by the Registrar of Condominiums and that the Registrar of Joint Stock Companies no longer receive those documents. No additional plans or diagrams will need to filed with the Registrar of Condominiums.

Clause 5 removes references to the Condominium Corporations Register which has been replaced by an electronic system.

Clause 6 clarifies the authority to make regulations delegating to a minister of the Crown only the authority to acquire or only the authority to dispose of land.

Clause 7 changes a reference to a former Section of the Water Act to the Environment Act.

Clause 8 splits Section 300A of the Motor Vehicle Act into two subsections to permit better assessment of the success of different enforcement programs that will be used respecting speeding in school areas and temporary work areas and to provide that for the purpose of doubling fines a temporary work area will be designated in the manner prescribed by regulation. Clause 8 also provides a power to make regulations respecting the manner in which a temporary work area is to be designated.

Clause 9 empowers the Minister of Transportation and Public Works to extinguish the public user in a highway where authorized by the Governor in Council and repeals a provision that is duplicated in another Act.

Clause 10 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 (Fall 2006) Act.

PART I

BUSINESS ELECTRONIC FILING ACT

2 Section 3 of Chapter 3 of the Acts of 1995-96, the Business Electronic Filing Act, is amended by relettering the second clause (e) as clause (f).

3 Subsection 5(1) of Chapter 3 is amended by striking out the period at the end of clause (r) and substituting a semicolon and adding immediately after clause (r) the following clause:

PART II

CONDOMINIUM ACT

4 Section 7 of Chapter 85 of the Revised Statutes, 1989, the Condominium Act, as amended by Chapter 28 of the Acts of 1998, is further amended by adding "(1)" immediately after the Section number and adding the following subsection:

5 (1) Subsection 9(1) of Chapter 85 is repealed and the following subsection substituted:

(2) Subsection 9(2) of Chapter 85 is amended by striking out "registered in the Condominium Corporations Register" in the first and second lines and substituting "received from the Registrar".

(3) Subsection 9(3) of Chapter 85 is amended by striking out "registered in the Condominium Corporations Register" in the first and second lines and substituting "received from the Registrar".

PART III

COURT AND ADMINISTRATIVE REFORM ACT

6 Section 3 of Chapter 23 of the Acts of 1996, the Court and Administrative Reform Act, is amended by

(a) adding "governing the" immediately before "disposal" in the fifth line; and

(b) adding "and where applicable" immediately after "minimum" in the seventh line.

PART IV

EXPROPRIATION ACT

7 Clause 3(1)(c) of Chapter 156 of the Revised Statutes, 1989, the Expropriation Act, is amended by striking out "prescription under Section 16 of the Water Act" in the last two lines and substituting "designation under Section 106 of the Environment Act".

PART V

MOTOR VEHICLE ACT

8 Section 300A of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is repealed and the following Sections substituted:

PART VI

PUBLIC HIGHWAYS ACT

9 (1) Section 18 of Chapter 371 of the Revised Statutes, 1989, the Public Highways Act, is amended by adding immediately after subsection (1) the following subsections:

(2) Subsection 18(2) of Chapter 371 is amended by adding "or an order of the Minister" immediately after "council" in the first line.

(3) Subsection 18(3) of Chapter 371 is repealed.

PART VII

COMING INTO FORCE

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

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