BILL NO. 47

(as introduced)

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

Government Bill

Summary Proceedings Act
(amended)

The Honourable Ross Landry
Minister of Justice

First Reading: April 29, 2011

(Explanatory Note)

Second Reading: May 5, 2011

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

This Bill amends the Summary Proceedings Act to

(a) replace the Governor in Council by the Attorney General and Minister of Justice as the regulation-making authority for

(i) prescribing various types of forms,

(ii) prescribing the form of notice for parking infractions,

(iii) prescribing the fee for an application to strike out a conviction,

(iv) designating offences under an Act, regulation or municipal by-law, and

(v) any other matters related to summary offence tickets and parking infraction tickets;

(c) permit the regulations made by the Governor in Council prior to the coming into force of this Bill to continue to apply and to be amended as required by the Attorney General and Minister of Justice after the coming into force of the Bill.

1 (1) Subsection 8(3) of Chapter 450 of the Revised Statutes, 1989, the Summary Proceedings Act, as amended by Chapter 26 of the Acts of 2010, is further amended by striking out "Governor in Council" in the first line and substituting "Attorney General and Minister of Justice".

(2) Section 8 of Chapter 450, as amended by Chapter 45 of the Acts of 1993, Chapter 18 of the Acts of 1994-95, Chapter 8 of the Acts of 1999 (Second Session), Chapter 4 of the Acts of 2000, Chapter 5 of the Acts of 2001, Chapter 2 of the Acts of 2006, Chapter 4 of the Acts of 2008, Chapter 5 of the Acts of 2009 and Chapters 26 and 75 of the Acts of 2010, is further amended by adding immediately after subsection (3) the following subsection:

(3A) For greater certainty, the regulations made by the Governor in Council before the coming into force of subsection (3) continue to apply as if this Act had not been enacted and may be amended by the Attorney General and Minister of Justice as required.

2 (1) Subsection 8A(8) of Chapter 450, as enacted by Chapter 18 of the Acts of 1994-95, is amended by

(a) striking out "Governor in Council" in the first line and substituting "Attorney General and Minister of Justice"; and

(b) striking out "Governor in Council" in the second line of clause (e) and substituting "Attorney General and Minister of Justice".

(2) Section 8A of Chapter 450, as enacted by Chapter 18 of the Acts of 1994-95 and amended by Chapter 4 of the Acts of 2000, Chapter 5 of the Acts of 2001 and Chapter 2 of the Acts of 2006, is further amended by adding immediately after subsection (8) the following subsection:

(8A) For greater certainty, the regulations made by the Governor in Council before the coming into force of subsection (8) continue to apply as if this Act had not been enacted and may be amended by the Attorney General and Minister of Justice as required.

(2) Section 8B of Chapter 450, as enacted by Chapter 18 of the Acts of 1994-95, is further amended by adding immediately after subsection (3) the following subsection:

(3A) For greater certainty, the regulations made by the Governor in Council before the coming into force of subsection (3) continue to apply as if this Act had not been enacted and may be amended by the Attorney General and Minister of Justice as required.