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BILL NO. 38

                                        Private Member's Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                    44 Elizabeth II, 1995

                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                  An Act to Amend Chapter 4
                     of the Acts of 1995,
            the Highway 104 Western Alignment Act










                 
                                                               
                                                               
                        Brooke Taylor
                Colchester-Musquodoboit Valley


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                             
                 
                                                               
                           Halifax
         Printed by Queen''s Printer for Nova Scotia
                               
                               
                      Explanatory Notes








         Clause 1 removes a reference to toll booths.



         Subclause 2(1) provides for the composition of the Board of Directors of the Corporation.















         Subclause 2(2) requires the Board of the Corporation to make by-laws regulating its
proceedings, determining the powers and duties of its officers, servants and agents and
respecting the management of the Corporation.

         Subclause 2(3) requires the Corporation to make its by-laws available to the public.





         Clause 3 removes the authority for the Corporation to charge tolls or other fees for
services relating to the operation of the Western Alignment.





         Clauses 4 and 5 remove references to tolls.








         Clause 6 makes the Corporation a public utility.



         Clause 7 makes the Freedom of Information and Protection of Privacy Act and the
Provincial Finance Act apply to the Corporation.



         Clause 8 removes a reference to tolls.




                   An Act to Amend Chapter 4
                      of the Acts of 1995,
             the Highway 104 Western Alignment Act



         Be it enacted by the Governor and Assembly as follows:


         1  Clause 3(d) of Chapter 4 of the Acts of 1995, the Highway 104 Western Alignment
Act, is amended by striking out "toll booths," in the fifth line.


         2  (1) Subsections 9(1) and (2) of Chapter 4 are repealed and the following
subsection substituted:

                (1) The Board consists of

                    (a) the Deputy Minister of Transportation and Communications;

                        (b)  one member of the Council of the Municipality of the County of
                   Colchester, appointed by the Governor in Council;

                        (c)  one member of the Council of the Municipality of the County of
                   Cumberland, appointed by the Governor in Council; and

                        (d)  four other persons, appointed by the Governor in Council.


              (2)  Subsection 9(4) of Chapter 4 is amended by striking out "may" in the first line
and substituting "shall".


              (3)  Section 9 of Chapter 4 is further amended by adding immediately after
subsection (4) the following subsection:

                   (4A) The Corporation shall make available to the public copies of the by-laws made pursuant to subsection (4).


         3    (1)  Subsection 10(2) of Chapter 4 is amended by striking out all of the words and
punctuation after "Alignment" in the sixth line to the end of the subsection and substituting a
period.

              (2)  Subsection 10(3) of Chapter 4 is repealed.


         4    Clause 12(1)(b) of Chapter 4 is amended by striking out all of the words and
punctuation after "undertaking" in the third line to the end of the clause and substituting a
period.

         5    (1)  Subsection 13(1) of Chapter 4 is amended by striking out all of the words and
punctuation after "Alignment" in the sixth line to the end of the subsection and substituting a
period.

              (2)  Subsection 13(2) of Chapter 4 is repealed.


         6    Section 15 of Chapter 4 is amended by

              (a)  striking out "not" in the first and in the third lines; and

              (b)  striking out "does not apply" in the fourth line and substituting "applies".


         7    (1)  Section 16(1) of Chapter 4 is amended by

                   (a)  striking out "not" in the first line; and

                   (b)  striking out "does not apply" in the last two lines and substituting
              "applies".

              (2)  Subsection 16(2) of Chapter 4 is repealed and the following subsection
substituted:

                   (2)  For greater certainty, the Corporation is a crown corporation within
              the meaning of the Provincial Finance Act, the funds of the Corporation are public
              money within the meaning of that Act and that Act applies to the Corporation.


         8    Subsection 20(1) of Chapter 4 is amended by striking out clause (e).