BILL NO. 54

(as introduced)

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



Private Member's Bill



Cemeteries Protection Act
(amended)



Keith Bain
Victoria - The Lakes



First Reading: May 4, 2011

(Explanatory Note)

Second Reading: May 6, 2011

Third Reading: May 12, 2011 (LINK TO BILL AS PASSED)

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Explanatory Note

This Bill

(a) changes the title of the Cemeteries Protection Act to include monuments;

(b) updates the minister responsible for the Act;

(c) amends the Act to include the protection of monuments; and

(d) transfers from the Governor in Council to the Minister of Communities, Culture and Heritage the power to declare a cemetery to be abandoned and to permit persons to enter the cemetery and carry out such work as considered necessary to restore, preserve and protect the cemetery.

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An Act to Amend Chapter 9
of the Acts of 1998,
the Cemeteries Protection Act

Be it enacted by the Governor and Assembly as follows:

1 The title of Chapter 9 of the Acts of 1998, the Cemeteries Protection Act, is amended by adding "and Monuments" immediately after "Cemeteries".

2 Section 1 of Chapter 9 is amended by adding "and Monuments" immediately after "Cemeteries"

3 Section 2 of Chapter 9 is amended by

(a) striking out "Education and Culture" in the second line and substituting "Communities, Culture and Heritage";

(b) striking out the period at the end of clause (c) and substituting a semicolon; and

(c) adding immediately after clause (c) the following clause:

4 Subsection 4(1) of Chapter 9 is amended by striking out "Governor in Council" in the first, in the fifth last and in the second and third last lines and substituting in each case "Minister".

5 Section 5 of Chapter 9 is amended by

(a) adding "or monument" immediately after "cemetery" in the third line; and

(b) striking out "visits" in the fourth line and substituting "or monument visits, as the case may be".

6 Section 9 of Chapter 9 is amended by adding "or monument" immediately after "cemetery" in the second line.

7 Section 5 of Chapter 9 is amended by

(a) striking out "two" in the third line and substituting "twenty"; and

(b) striking out "six months" in the fourth line and substituting "two years less a day".

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