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BILL NO. 36





Private Member s Bill




4th Session, 56th General Assembly
Nova Scotia




45 Elizabeth II, 1996

An Act to Amend Chapter 13

of the Acts of 1990,

the Health Council Act





John F. Hamm, M.D.
Pictou Centre




Halifax
Printed by Queen s Printer for Nova Scotia







Explanatory Notes

Clauses 1 and 2 authorize a member of the House of Assembly to nominate persons for appointment and for a standing committee of the House to recommend persons for appointment to the Provincial Health Council where the Governor in Council fails to fill vacancies as they occur. The Governor in Council would be required to make the recommended appointments.

Clause 3 is a transitional provision providing for an initial appointment of the whole Provincial Health Council with staggered terms of office if the Governor in Council fails to make the appointments within three months of this Bill receiving Royal Assent.


An Act to Amend Chapter 13

of the Acts of 1990,

the Health Council Act





Be it enacted by the Governor and Assembly as follows:

1 (1) Section 4 of Chapter 13 of the Acts of 1990, the Health Council Act, is amended by adding immediately after subsection (3) the following subsections:

(3A) Where, after the coming into force of this subsection, persons appointed pursuant to clause (a) of subsection (1) cease to be members of the Council by reason of the expiration of their term of office and, within three months of their ceasing to be members of the Council, the Governor in Council has not appointed their successors, a member of the House of Assembly may table in the House of Assembly or, if the House is not then sitting, file with the Clerk of the House nominations of persons for appointment as their successors.

(3B) Upon the tabling or filing of nominations pursuant to subsection (3A),

(a) the nominations stand referred to the standing committee of the House of Assembly that is responsible for matters normally assigned or within the purview of the Department of Health or such other committee as the House orders; and

(b) the Governor in Council shall not make any further appointment to the Council pursuant to clause (a) of subsection (1) until after the appointments are made pursuant to subsection (3D).

(3C) Within fifteen days of the tabling of nominations pursuant to subsection (3B), the committee to which the nominations are referred shall be convened by its chair, shall review the nominations and shall recommend to the Governor in Council the appointment of the persons nominated or such other persons as the committee considers appropriate.

(3D) Within fifteen days of the making of a recommendation pursuant to subsection (3C), the Governor in Council shall appoint the persons recommended to the Council.

(2) Subsection 4(4) of Chapter 13 is amended by adding "or (3D)" immediately after "(3)" in the second line.

(3) Subsection 4(6) of Chapter 13 is amended by adding "or subsection (3D)" immediately after "(1)" in the second line.

2 Section 7 of Chapter 13 is amended by adding "or subsection (3D) of Section 4" immediately after "4" in the fourth line.

3 Where the Governor in Council has not appointed the members of the Provincial Health Council pursuant to clause 4(1)(a) of the Health Council Act within three months of this Act coming into force, a member of the House of Assembly may table in the House of Assembly or, if the House is not then sitting, file with the Clerk of the House nominations of persons for appointment as members of the Provincial Health Council referred to in that clause and subsections 4(3), (3B), (3C), (3D), (4) and (6) and Section 7 of that Act apply mutatis mutandis.



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