BILL NO. 20

(as introduced)

1st Session, 61st General Assembly
Nova Scotia
58 Elizabeth II, 2009

Government Bill

Internal Trade Agreement Implementation Act
(amended)

The Honourable Percy Paris
Minister of Economic and Rural Development

First Reading: September 28, 2009

(Explanatory Notes)

Second Reading:

Third Reading:

Clause 1 amends the definition of "Agreement" in the Internal Trade Agreement Implementation Act to include amendments to the Internal Trade Agreement and corrects a typographical error.

Clause 2 updates the reference to the Minister responsible for the Act.

Clause 3 amends the authority to pay amounts due under the Agreement to include hearing costs.

Clause 4 amends the authority to appoint persons to dispute resolution panels to clarify that Cabinet approves the appointment by the Minister of the Province's representatives to rosters established under the Agreement and the Minister selects panellists from the approved rosters.

Clause 5 changes a reference to a provision in the Agreement to reflect renumbering of some provisions in the Agreement.

Clause 6 expands the Minister's power to make appointments to clarify that the Minister may appoint persons to the board of directors of the secretariat that administers the Agreement and may appoint the Province's internal trade representative.

Clause 7 amends the Act to include a provision respecting the effect of a monetary penalty awarded against the Province and changes a reference to a provision in the Agreement to reflect its renumbering.

Clause 8 provides that this Bill comes into force upon proclamation.

1 Section 3 of Chapter 8 of the Acts of 1995-96, the Internal Trade Agreement Implementation Act, is amended by

(a) adding ", as amended from time to time by the written agreement of all the parties to the Agreement" immediately after "1994" in the fourth line of clause (a); and

(b) striking out "minister" in the first line of clause (b) and substituting "Minister".

2 Subsection 7(1) of Chapter 8 is amended by striking out "responsible for the Nova Scotia Economic Renewal Agency, including Tourism Nova Scotia and the Nova Scotia Marketing Agency," in the first, second and third lines and substituting "of Economic and Rural Development".

3 Clause 10(b) of Chapter 8 is amended by

(a) striking out "government-to-government disputes pursuant to" in the second and third lines and substituting "accordance with"; and

(b) striking out ", Part A, Articles 1702 to 1710 of the Agreement" in the fourth line and substituting "of the Agreement by a presiding body as defined in that Chapter".

4 Section 11 of Chapter 8 is repealed and the following Section substituted:

11 (1) The Minister may, subject to the approval of the Governor in Council, appoint any person to either or both of the rosters provided for in paragraph (2) of Article 1704 of the Agreement.

(2) The Minister may appoint a panellist from a roster for the purpose of paragraph (3) of Article 1704 of the Agreement or, where there has been agreement to a Presiding Body being composed of one member, may agree on the panellist.

6 Section 14 of Chapter 8 is repealed and the following Section substituted:

14 The Minister may appoint any person to be a representative of the Province on

(a) a body referred to in clause 10(a); or

(b) any intergovernmental committee established for the purpose of the Agreement.

(1) Where a presiding body in a government-to-government dispute has made an order against the Province in accordance with Chapter 17 (Dispute Resolution Procedure) of the Agreement that requires the Province to pay

(a) tariff costs awarded against the Province under Article 1706.1(4)(b) or (6) of the Agreement; or

(b) a penalty imposed on the Province under Article 1707(11)(b) of the Agreement,

the order has the same force and effect regarding payment as a proceeding against the Crown and as a certificate issued pursuant to Section 20 of the Proceedings Against the Crown Act.

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