BILL NO. 7

(as introduced)

3rd Session, 61st General Assembly
Nova Scotia
60 Elizabeth II, 2011



Government Bill



Justice Administration Amendment (2011) Act



The Honourable Ross Landry
Minister of Justice



First Reading: April 4, 2011

(Explanatory Notes)

Second Reading: April 18, 2011

Third Reading: May 10, 2011 (LINK TO BILL AS PASSED)

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Explanatory Notes

Clause 1 sets out the short title of the Act.

Clause 2 to 9 amend the Civil Service Collective Bargaining Act by

(a) removing the word "arbitral" to eliminate possible confusion over the jurisdiction of interest arbitration boards to arbitrate labour relations issues;

(b) clarifying that it is the terms and conditions of employment in dispute that may be referred to an arbitration board; and

(c) replacing "arbitral award" with "award of an arbitration board" in keeping with removing the word "arbitral" from the Act.

Clause 10 to 18 amend Schedule A of the Corrections Act by

(a) removing the word "arbitral" to eliminate possible confusion over the jurisdiction of interest arbitration boards to arbitrate labour relations issues other than pensions;

(b) clarifying that all terms and conditions, other than pensions, may be referred to an arbitration board;

(c) replacing "arbitral award" with "award of an arbitration board" in keeping with removing the word "arbitral" from the Act; and

(d) further clarifying which terms and conditions may be referred to the Labour Board with a request that an arbitration board be established.

Clause 21 to 27 amend the Highway Workers Collective Bargaining Act by

(a) removing "arbitral" and "arbitrable" to eliminate possible confusion over the jurisdiction of interest arbitration boards to arbitrate labour relations issues; and

(b) replacing "arbitral award" with "award of an arbitration board" in keeping with removing the word "arbitral" from the Act.

Clause 28 repeals the Indigent Debtors Act.

Clause 29 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 (2011) Act.

CIVIL SERVICE COLLECTIVE BARGAINNG ACT

2 (1) Subsection 22(2) of Chapter 71 of the Revised Statutes, 1989, the Civil Service Collective Bargaining Act, is amended by

(a) striking out "arbitral" in the second line of clause (a);

(b) striking out "arbitral" in the second line of clause (b); and

(c) striking out "arbitral" in the second line of clause (c).

(2) Subsection 22(3) of Chapter 71, as amended by Chapter 37 of the Acts of 2010, is further amended by striking out "arbitral" in the third line.

(3) Subsection 22(4) of Chapter 71, as amended by Chapter 37 of the Acts of 2010, is further amended by

(a) striking out "arbitral" in the third line;

(b) adding "it wishes to be referred to arbitration" immediately after "items" in the third line; and

(c) striking out "them" in the fourth line and substituting "it".

3 Subclause 23(1)(b)(ii) of Chapter 71, as amended by Chapter 37 of the Acts of 2010, is further amended by adding "in dispute" immediately after "employment" in the first line.

4 Subsection 26(1) of Chapter 71, as amended by Chapter 37 of the Acts of 2010, is further amended by

(a) adding "a" immediately after "as" in the first line;

(b) striking out "members" in the second line and substituting "member"; and

(c) striking out "arbitral" in the first line of clause (b).

5 (1) Subsection 27(1) of Chapter 71 is amended by striking out "arbitral" in the second and in the fourth lines.

(2) Subsection 27(2) of Chapter 71 is amended by striking out "An arbitral award" in the first line and substituting "The award of an arbitration board".

6 (1) Subsection 28(1) of Chapter 71 is amended by striking out "arbitral" in the first line.

(2) Subsection 28(2) of Chapter 71 is amended by striking out "arbitral award" in the second line and substituting "award of an arbitration board".

7 (1) Subsection 29(1) of Chapter 71 is amended by striking out "arbitral" in the first line.

(2) Subsection 29(2) of Chapter 71 is amended by striking out "arbitral award" in the second line and substituting "award of an arbitration board".

8 (1) Subsection 31(4) of Chapter 71, as amended by Chapter 37 of the Acts of 2010, is further amended by striking out "arbitral" in the first line.

(2) Subsection 31(5) of Chapter 71 is amended by

(a) striking out "arbitral" in the second, in the third, in the fifth and in the last lines; and

(b) adding "of an arbitration board" immediately after "award" in the second line.

(3) Subsection 31(6) of Chapter 71 is amended by striking out "arbitral" both times it appears in the second line and in the fifth and in the last lines.

9 (1) Subsection 32(1) of Chapter 71 is amended by striking out "arbitral" in the first line.

(2) Subsection 32(2) is amended by striking out "arbitral" in the third, in the seventh and in the last lines.

CORRECTIONS ACT

10 Subparagraph 17(1) of Schedule A of Chapter 103 of the Revised Statutes, 1989, the Corrections Act, is amended by striking out "are arbitral" in the second line and substituting "may be referred to an arbitration board".

11 (1) Subparagraph 18(1) of Schedule A of Chapter 103, as enacted by Chapter 37 of the Acts of 2010, is amended by striking out "and are arbitral terms and conditions of employment within Paragraph 17" in lines four and five and substituting "except pensions".

(2) Subparagraph 18(2) of Schedule A of Chapter 103 is amended by

(a) striking out "arbitral" in the second line of clause (a);

(b) striking out "arbitral" in the second line of clause (b); and

(c) striking out "arbitral" in the second line of clause (c).

(3) Subparagraph 18(3) of Schedule A of Chapter 103 is amended by striking out "arbitral items and" in the third line and substituting "items".

12 Clause 22(1)(b) of Schedule A of Chapter 103, as enacted by Chapter 37 of the Acts of 2010, is amended by striking out "arbitral" in the first line.

13 (1) Subparagraph 23(1) of Schedule A of Chapter 103 is amended by striking out "arbitral" in the second and in the third lines.

(2) Subparagraph 23(2) of Schedule A of Chapter 103 is amended by striking out "An arbitral award" in the first line and substituting "The award of an arbitration board"

14 (1) Subparagraph 24(1) of Schedule A of Chapter 103 is amended by striking out "arbitral" in the first line.

(2) Subparagraph 24(2) of Schedule A of Chapter 103 is amended by striking out "arbitral award" in the first line and substituting "award of an arbitration board".

15 (1) Subparagraph 25(1) of Schedule A of Chapter 103 is amended by striking out "arbitral" in the first line.

(2) Subparagraph 25(2) of Schedule A of Chapter 103 is amended by striking out "arbitral award" in the second line and substituting "award of an arbitration board".

16 (1) Subparagraph 27(4) of Schedule A of Chapter 103, as amended by Chapter 37 of the Acts of 2010, is further amended by striking out "arbitral" in the first line.

(2) Subparagraph 27(5) of Schedule A of Chapter 103 is amended by

(a) striking out "arbitral" both times it appears in the second line and in the fourth and in the last lines; and

(b) adding "of an arbitration board" immediately after "award" in the second line.

(3) Subparagraph 27(6) of Schedule A of Chapter 103 is amended by striking out "arbitral" both times it appears in the second line and in the fourth and in the last lines.

17 Paragraph 28 of Schedule A of Chapter 103 is amended by striking out "arbitral" in the first line.

18 Subparagraph 38(1) of Schedule A of Chapter 103 is amended by striking out "an arbitral term and condition" in the first and second lines and substituting "one which may be referred to an arbitration board for the purpose of Paragraph 18".

ESTREATS ACT

19 Chapter 153 of the Revised Statutes, 1989, the Estreats Act, is repealed.

FORCIBLE ENTRY AND DETAINER ACT

20 Chapter 177 of the Revised Statutes, 1989, the Forcible Entry and Detainer Act, is repealed.

HIGHWAY WORKERS COLLECTIVE BARGAINING ACT

21 (1) Subsection 24(2) of Chapter 1 of the Acts of 1997 (Second Session), the Highway Workers Collective Bargaining Act, is amended by

(a) striking out "arbitrable" in the second line of clause (a);

(b) striking out "arbitrable" in the second line of clause (b); and

(c) striking out "arbitrable" in the second line of clause (c).

(2) Subsection 24(3) of Chapter 1, as amended by Chapter 37 of the Acts of 2010, is further amended by striking out "arbitrable" in the third line.

(3) Subsection 24(4) of Chapter 1, as amended by Chapter 37 of the Acts of 2010, is further amended by

(a) striking out "arbitrable" in the third line;

(b) adding "it wishes to be referred to arbitration" immediately after "items" in the third line; and

(c) striking out "them" in the fourth line and substituting "it".

22 Clause 28(1)(b) of Chapter 1 is amended by striking out "arbitrable" in the first line.

23 (1) Subsection 29(1) of Chapter 1 is amended by striking out "arbitrable" in the second and in the fourth lines.

(2) Subsection 29(2) of Chapter 1 is amended by striking out "An arbitrable award" in the first line and substituting "The award of an arbitration board".

24 (1) Subsection 30(1) of Chapter 1 is amended by striking out "arbitral" in the first line.

(2) Subsection 30(2) of Chapter 1 is amended by striking out "arbitral award" in the last line and substituting "award of an arbitration board".

25 (1) Subsection 31(1) of Chapter 1 is amended by striking out "arbitral" in the first line.

(2) Subsection 31(2) of Chapter 1 is amended by striking out "arbitral award" in the second line and substituting "award of an arbitration board".

26 (1) Subsection 33(4) of Chapter 1, as amended by Chapter 37 of the Acts of 2010, is further amended by striking out "arbitral" in the first line.

(2) Subsection 33(5) of Chapter 1 is amended by

(a) striking out "arbitral" in the second, in the third, in the fifth and in the last lines; and

(b) adding "of an arbitration board" immediately after "award" in the second line.

(3) Subsection 33(6) of Chapter 1 is amended by striking out "arbitral" both times it appears in the second line and in the fifth and in the last lines.

27 (1) Subsection 34(1) of Chapter 1 is amended by striking out "arbitral" in the first line.

(2) Subsection 34(2) of Chapter 1 is amended by striking out "arbitral" in the second, in the sixth and in the last lines.

INDIGENT DEBTORS ACT

28 Chapter 220 of the Revised Statutes, 1989, the Indigent Debtors Act, is repealed.

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

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