BILL NO. 135

(as introduced)

1st Session, 60th General Assembly
Nova Scotia
56 Elizabeth II, 2007



Government Bill



Provincial Court Act
(amended)



The Honourable Murray K. Scott
Minister of Justice



First Reading: March 19, 2007

(Explanatory Note)

Second Reading:

Third Reading:

[home] [bills] 2006-07 Bills

Explanatory Note

This Bill amalgamates the Family Court for the Province of Nova Scotia and the Provincial Court of Nova Scotia by transferring the jurisdiction and judges of the Family Court to the Provincial Court and abolishing the Family Court.

[home] [bills] 2006-07 Bills

An Act to Amend Chapter 238
of the Revised Statutes, 1989,
the Provincial Court Act

Be it enacted by the Governor and Assembly as follows:

1 Section 2 of Chapter 238 of the Revised Statutes, 1989, the Provincial Court Act, as amended by Chapter 16 of the Acts of 1992, is further amended by adding immediately after clause (a) the following clause:

2 (1) Section 3 of Chapter 238, as amended by Chapter 16 of the Acts of 1992, is further amended by adding immediately after subsection (2A) the following subsections:

(2) Subsection 3(3) of Chapter 238, as amended by Chapter 16, is further amended by striking out "Judge" the second time it appears in the last line and substituting "Judges".

(3) Subsection 3(4) of Chapter 238, as enacted by Chapter 16, is amended by striking out "the" the second time it appears in the fourth line and substituting "an".

(4) Subsection 3(5) of Chapter 238, as enacted by Chapter 16, is amended by striking out "judge has" in the second line and substituting "judges have".

3 Subsection 6(2) of Chapter 238, as enacted by Chapter 6 of the Acts of 2004, is amended by striking out "or judge of the Family Court" in the second and third lines.

4 Chapter 238 is further amended by adding immediately after Section 7 the following Sections:

5 (1) Subsection 16(1) of Chapter 238, as enacted by Chapter 28 of the Acts of 2000, is amended by

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

and

(b) striking out "or Family Court" in the second line of clause (d).

(2) Subsection 16(2) of Chapter 238, as enacted by Chapter 28, is amended by

(a) striking out clause (b);

(b) striking out "the" the second time it occurs in the second line of clause (c) and substituting "an";

(c) striking out "the" the second time it appears in the first line of clause (d) and substituting "an"; and

(d) striking out "the Family Court or" in the third line of clause (e).

6 (1) Subsection 17A(1) of Chapter 238 is repealed and the following subsection substituted:

(2) Subsection 17A(2) of Chapter 238, as enacted by Chapter 28 of the Acts of 2000, is amended by

(a) striking out "the" in the first line and substituting "a"; and

(b) striking out "to the Chief Judge of the Family Court or, in the absence of the Chief Judge of the Family Court," in the third, fourth and fifth lines.

(3) Subsection 17A(3) of Chapter 238 is repealed.

(4) Subsection 17A(4) of Chapter 238, as enacted by Chapter 28, is amended by

(a) striking out "either" in the second line;

(b) striking out "or the Family Court" in the second and third lines; and

(c) striking out "subsections (1) to (3)" in the sixth line and substituting "subsection (1) or (2)".

7 (1) Subsection 17B(1) of Chapter 238, as enacted by Chapter 28 of the Acts of 2000, is amended by

(a) adding "or Associate Chief Judge" immediately after "Judge" in the first line; and

(b) adding "or Associate Chief Judge, as the case may be," immediately after "Judge" in the first line of subclause (a)(ii).

(2) Subsection 17B(2) of Chapter 238, as enacted by Chapter 28, is amended by

(a) adding "or Associate Chief Judge" immediately after "Judge" in the second line; and

(b) adding "or Associate Chief Judge, as the case may be" immediately after "Judge" in the fourth line.

8 Section 17C of Chapter 238, as enacted by Chapter 28 of the Acts of 2000, is amended by adding "or Associate Chief Judge, as the case may be," immediately after "Judge" in the fourth line.

9 (1) Subsection 17D(1) of Chapter 238 is repealed.

(2) Subsection 17D(3) of Chapter 238, as enacted by Chapter 28 of the Acts of 2000, is amended by

(a) striking out "the Chief Judge or Associate Chief Judge of the Family Court or" in the fourth and fifth lines; and

(b) adding "an" immediately before "Associate" in the fifth line.

10 Section 17I of Chapter 238 is repealed and the following Section substituted:

11 Subsection 20(1) of Chapter 238, as amended by Chapter 16 of the Acts of 1992, is further amended by adding immediately after clause (n) the following clauses:

12 Subsection 21A(1) of Chapter 238, as enacted by Chapter 7 of the Acts of 1998, is amended by

(a) striking out "and judges of the Family court" in the third line; and

(b) striking out "judge of each court" in the fourth line and substituting "judges".

13 Subsection 21E(1) of Chapter 238, as enacted by Chapter 7 of the Acts of 1998 and amended by Chapter 5 of the Acts of 2001, is further amended by

(a) striking out "and the Family court" in the third line of clause (a);

(b) striking out "judge of each court" in the fourth line of clause (a) and substituting "judges";

(c) striking out "or the Family Court" in the third line of clause (b);

(d) striking out "and the Family Court" in the third and fourth lines of clause (c);

(e) striking out "and the Family Court" in the fourth and fifth lines of clause (d); and

(f) striking out "and the Family Court" in the second and third lines of clause (e).

14 Section 21K of Chapter 238, as enacted by Chapter 7 of the Acts of 1998, is amended by striking out "or the Family Court Act" in the eighth and in the ninth and tenth lines.

15 Subsection 21L(1) of Chapter 238, as enacted by Chapter 7 of the Acts of 1998, is amended by striking out "or the Family Court" in the fifth line.

16 (1) The Family Court for the Province of Nova Scotia is abolished.

(2) Any records and files of the Family Court become the records and files of the Provincial Court of Nova Scotia.

(3) Every proceeding in the Family Court shall be continued as nearly as may be in the Provincial Court.

(4) Every judge of the Family Court immediately before the coming into force of this Section is a judge of the Provincial Court and is deemed to have been appointed to the Provincial Court on the date of appointment to the Family Court.

(5) Every retired judge of the Family Court immediately before the coming into force of this Section is deemed to be a retired judge of the Provincial Court for the purpose of Section 6A of the Provincial Court Act and every appointment pursuant to Section 5A of the Family Court Act in effect immediately before the coming into force of this Section is deemed to have been made pursuant to Section 6A of the Provincial Court Act.

(6) Rules made by the Family Court Rules Committee pursuant to the Family Court Act concerning the practice and procedure in the Family Court continue and apply to the practice and procedure in the Provincial Court with respect to family and youth matters as defined in the Provincial Court Act until amended, varied, cancelled, suspended or repealed pursuant to the Provincial Court Act.

(7) Nothing in this Act affects the validity of an order made by a judge of the Family Court before the coming into force of this Section.

17 Any reference in any Act of the Legislature or in any rule, order, regulation, by-law, ordinance or in any document whatsoever to the Family Court for the Province of Nova Scotia, the Chief Judge or Associate Chief Judge of the Family Court or a judge of the Family Court, whether such reference is by official name or otherwise, may, as regards any subsequent transaction, matter or thing relating to the affairs or matters or any of them assigned to the Family Court be held and construed to be a reference to the Provincial Court of Nova Scotia or to a judge of the Provincial Court, as the case may be.

18 For greater certainty, nothing in this Act affects the jurisdiction of the Supreme Court of Nova Scotia (Family Division).

19 Chapter 159 of the Revised Statutes, 1989, the Family Court Act, is repealed.

20 Sections 19 to 22 of Chapter 28 of the Acts of 2000, the Justice and Administration Reform (2000) Act, are repealed.

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

[home] [bills] 2006-07 Bills


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2007 Crown in right of Nova Scotia. Created March 20, 2007. Send comments to legc.office@gov.ns.ca.