BILL NO. 78

(as introduced)

4th Session, 61st General Assembly
Nova Scotia
61 Elizabeth II, 2012

Government Bill

Justice Administration (2012) Act

The Honourable Ross Landry
Minister of Justice

First Reading: May 4, 2012

(Explanatory Notes)

Second Reading: May 7, 2012

Third Reading: May 11, 2012 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

Clause 1 sets out the short title of this Act.

Clause 2 amends the Arts Nova Scotia Act to clarify the term of office for members of the first Board will not exceed two years.

(a) the first Board will be appointed for a twenty-four month period and then will be replaced by a Board;

(b) the Board will consist of no less than nine and no more than eleven members;

(c) the Governor in Council appointments to the Board are on the recommendation of the Minister;

(d) the Minister's appointments to the Board are selected by the nominating committee; and

(e) the membership of the Board is expanded to reflect the diversity found within the Province's art community.

(a) may be appointed for a term of no more than 3 years;

(b) can serve for no more than 6 consecutive years inclusive of any service on the first Board; and

(c) after serving six consecutive years, cannot be re-appointed until after a one-year absence from the Board.

Clause 6 amends the Creative Nova Scotia Leadership Council Act to

(a) increase the size of the Council from fifteen to sixteen members;

(b) allow the Minister to appoint no more than thirteen members of the Council who have been recommended by the nominating committee;

(c) correct a misspelled word; and

(d) clarify the re-appointment provisions.

Clause 8 adds authority for the Minister to revoke members' appointments for non-attendance.

Clause 9 amends the House of Assembly Management Commission Act to

(a) allow substitutions at meetings of the House of Assembly Management Commission; and
(b) allow a member of the Public Accounts Committee to be a member of the Commission.

Clauses 10 to 17 amend the Liquor Control Act to

(a) increase the size of the Board of Directors from nine to eleven members and create a Vice-chair position;

(b) require that five members, rather than four, to constitute a quorum of the Board of Directors and that the Chair or Vice-chair be one of the quorum;

(c) require the Vice-chair to act as Chair in the absence or during the incapacity of the Chair;

(d) permit the Minister to set the dates for submission of the Corporation's annual budget and business plan; and

(e) adjust the filing cycle for the Corporation's evaluation of activities and five-year strategic plan, so that the filing commences in March, 2008, and continues every five years thereafter.

Clause 20 amends the Theatres and Amusements Act to

(a) add definitions of "Film Classification Board" and "film classifier";

(b) change the name of the Department responsible and the definition of Minister to reflect that the Department and Minister responsible for the Act is Service Nova Scotia and Municipal Relations rather that the Environment and Labour;

(c) change a reference from "the" Inspector to "an" Inspector"; and

(d) add a definition of "Utility and Review Board".

Clause 22 authorizes

(a) the Minister to appoint a Film Classification Board consisting of one or more members;

(b) the Minister to fix the term and remuneration of the members of the Film Classification Board;

(c) the classification of a film by viewing the film or reviewing information describing the content of the film;

(d) the appointment of an employee of the Department to classify a film or adopt a film classification established by another person or body;

(e) the Minister to request that the employee of the Department review the film classification;

(f) the person classifying the film to exercise the powers necessary to accomplish that function;

(g) an appeal from the decision of the Film Classification Board, the employee or the Minister to the Nova Scotia Utility and Review Board;

(h) the Minister to appoint Inspectors; and

(i) the Minister to delegate any of the Minister's powers or duties to an employee of the Department.

Clause 24 repeals Sections 14 and 15 of the Act.

Clause 25 requires the film exchange to display its license in a place visible to the public.

Clause 26 repeals Section 24 of the Act.

Clause 27 states the film classification is to be in accordance with the Act and the regulations rather than the Minister.

Clause 28 provides that persons appointed as assistant inspectors under the Theatres and Amusements Act before the coming into force of these amendments are inspectors under that Act.

Clause 29 provides that parts of this Act come into force on proclamation.

1 This Act may be cited as the Justice Administration (2012) Act.

2 Section 7 of Chapter 31 of the Acts of 2011, the Arts Nova Scotia Act, is amended by adding immediately after subsection 7(1) the following subsection:

(1A) Appointments made pursuant to subsection (1) are for a term not exceeding two years.

3 Section 8 of Chapter 31 is repealed and the following Section substituted:

8 (1) Twenty-four months after the appointment of the first members of the Board pursuant to subsection 7(1), the members are replaced by a Board constituted pursuant to subsection (2).

(2) The Board constituted pursuant to subsection (1) shall consist of at least nine and no more than eleven members and be composed of the following:

(a) no more than three members appointed by the Governor in Council upon recommendation of the Minister; and

(b) no more than eight members appointed by the Minister upon recommendation of the nominating committee established pursuant to subsection 7(2).

(3) The Minister may seek the advice of the nominating committee when making recommendations to the Governor in Council pursuant to clause (2)(a).

(4) The membership of the Board must

(a) reflect the diversity found within the Province's art community; and

(b) where possible, include representation from differing art disciplines, generations and the Province's cultural mosaic including, but not limited to, representation from the African Nova Scotian, Mi'kmaq and Acadian communities and balanced representation between women and men.

9 (1) Appointments made to the Board pursuant to Section 8 must be for terms of no more than three years and, subject to subsection (2), members may be re-appointed.

(2) Members who serve for six consecutive years, inclusive of any service on the first Board established pursuant to subsection 7(1) are eligible for re-appointment after a one-year absence from the Board.

6 (1) Subsection 6(1) of Chapter 34 of the Acts of 2011, the Creative Nova Scotia Leadership Council Act, is amended by striking out "fifteen" in the first line and substituting "no more than sixteen".

(2) Clause 6(1)(a) of Chapter 34 is repealed and the following clause substituted:

(a) no more than thirteen members appointed by the Minister upon recommendation of the nominating committee established pursuant to Section 7;

(4) Subsection 6(3) of Chapter 31 is amended by

(a) striking out "A" in the first line and substituting "Subject to subsection (4), a"; and

(b) adding "consecutive" immediately after "six" in the second line.

(5) Subsection 6(4) of Chapter 31 is amended by striking out "the maximum term" in the first line and substituting "for six consecutive years".

7 Subsection 9(1) of Chapter 34 is amended by striking out "nominating committee" in the first line and substituting "Council".

8 Section 11 of Chapter 31 is amended by adding "and the Minister may revoke that member's appointment regardless of whether the Minister made the appointment" immediately after "revoked" in the fourth line.

9 Subsection 3(5) of Chapter 5 of the Acts of 2010, the House of Assembly Management Commission Act, is repealed and the following subsection substituted:

(5) Notwithstanding subsection (2), where a member is unable to attend a meeting of the Commission
(a) the Deputy Government House Leader may attend in place of the Government House Leader;

(b) the deputy house leader in the House of Assembly of the Official Opposition may attend in place of the house leader in the House of Assembly of the Official Opposition;

(c) another member of the Executive Council may attend in place of a member of the Executive Council selected pursuant to clause (2)(d); and

(d) another member of the same party caucus may attend in place of a party caucus member.

10 Section 2 of Chapter 260 of the Revised Statutes, 1989, the Liquor Control Act, as amended by Chapter 28 of the Acts of 2000, Chapter 4 of the Acts of 2001, Chapter 30 of the Acts of 2002 and Chapter 21 of the Acts of 2011, is further amended by adding immediately after clause (z) the following clause:

(za) "Vice-chair" means the Vice-chair of the Board of Directors appointed pursuant to this Act;

(a) striking out "nine" in the second line and substituting "eleven"; and

(b) striking out "seven" in the first line of clause (a) and substituting "nine".

(2) Subsection 7(4) of Chapter 260, as enacted by Chapter 4 of the Acts of 2001, is amended by

(a) striking out "one of" in the second line and substituting "from among";

(b) adding "one member" immediately after "Directors" in the second line; and

(c) adding "and one member to be the Vice-chair" immediately after "Chair" in the third line.

(3) Section 7 of Chapter 260, as enacted by Chapter 4 of the Acts of 2001, is amended by adding immediately after subsection (4) the following subsection:

(4A) The Vice-chair shall act as Chair in the absence or during the incapacity of the Chair.

12 Subsection 7A(1) of Chapter 260, as enacted by Chapter 4 of the Acts of 2001, is amended by adding "and Vice-chair" immediately after "Chair" in the first line.

13 Subsection 7B(1) of Chapter 260, as enacted by Chapter 4 of the Acts of 2001, is repealed and the following subsection substituted:

(1) A quorum of the Board of Directors constitutes five voting members at least one of whom is the Chair or Vice-chair.

15 Section 21 of Chapter 260, as enacted by Chapter 4 of the Acts of 2001, is amended by striking out "2002" in the second and in the seventh lines and substituting in each case "2003".

16 Section 22 of Chapter 260, as enacted by Chapter 4 of the Acts of 2001, is amended by striking out "On or before the thirty-first day of January, 2003, and annually thereafter if required by the Minister" in the first, second and third lines and substituting "Annually at such time as the Minister may prescribe".

17 Subsection 23(1) of Chapter 260, as enacted by Chapter 4 of the Acts of 2001, is amended by striking out "2006" in the second line and substituting "2008".

18 (1) Subsection 2B(1N) of C hapter 450 of the Revised Statutes, 1989, the Summary Proceedings Act, as enacted by Chapter 30 of the Acts of 2002, is amended by striking out "(1L)" in the second line and substituting "(1M)".

(2) Subsection 2B(1O) of Chapter 450, as enacted by Chapter 30 of the Acts of 2002, is amended by striking out "(1L)" in the third line and substituting "(1M)".

19 Subsection 10(1) of Chapter 450 is repealed and the following subsection substituted:

(1) In this Section, "speeding" means an offence under Sections 100, 101, 102 or 103, clauses (b) or (c) of Section 106A or Section 163 of the Motor Vehicle Act.

20 Section 2 of Chapter 466, as amended by Chapter 28 of the Acts of 2000 and Chapter 17 of the Acts of 2004, is further amended by

(a) adding immediately after clause (d) the following clauses:

(da) "Film Classification Board" means a board established to classify films under this Act;

(db) "film classifier" means a person appointed to classify films under this Act;

(c) striking out clause (c) and substituting the following clause:

(e) "inspector" means an inspector appointed under this Act;

(e) adding immediately after clause (j) the following clause:

(ja) "Utility and Review Board" means the Nova Scotia Utility and Review Board;

(cb) prescribing rules and procedures for the Film Classification Board;

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

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

29 Sections 13 and 20 to 28 come into force on such day as the Governor in Council orders and declares by proclamation.