BILL NO. 88

(as introduced)

2nd Session, 61st General Assembly
Nova Scotia
59 Elizabeth II, 2010

Government Bill

Summary Proceedings Act
(amended)

The Honourable Ross Landry
Minister of Justice

First Reading: November 8, 2010

(Explanatory Note)

Second Reading: December 9, 2010

Third Reading: December 10, 2010 (LINK TO BILL AS PASSED)

This Bill

(a) provides that the out-of-court arraignment scheme and automatic conviction for failure to appear in response to a ticket summons does not apply to a young person;

(b) updates a date in a form; and

(c) provides that the new summary offence ticket procedures do not apply to tickets served before the coming into force of the new procedures.

(1A) Subsection 8(10) of Chapter 450 is amended by striking out "19" in the last line and substituting "20".

(a) adding "or where no penalty is specified in the summons" immediately before "file" in the third line; and

(b) adding "and include in the form the person's mailing address, telephone number, facsimile number and electronic mail address" immediately after "penalty" in the last line.

(3) Section 2 of Chapter 26 is further amended by adding immediately after subsection (2) the following subsection:

(2A) Section 8 of Chapter 450 is further amended by adding immediately after subsection (14) the following subsection:
(14A) Subsections (13A) to (13F) and (15) to (21) do not apply to a young person to whom the Youth Justice Act applies.

5A Notwithstanding Sections 2 to 4, those Sections do not apply to a ticket summons served before the coming into force of this Act and, for greater certainty, Chapter 450 shall be read, interpreted and construed with respect to any such ticket summons and related information and proceedings as if it was not amended by those Sections.

3 (1) Subsection 13(1) of Chapter 38 of the Acts of 2001, the Youth Justice Act, is is amended by striking out "Subject to subsection (2), and except" in the first line and substituting "Except".

(2) Subsection 13(2) of Chapter 38 is repealed.