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BILL NO. 29





Government Bill




4th Session, 56th General Assembly
Nova Scotia
45 Elizabeth II, 1996




An Act to Amend Chapter 155

of the Revised Statutes, 1989,

the Executive Council Act, and

Chapter 376 of the Revised Statutes, 1989,

the Public Service Act





CHAPTER 8
ACTS OF 1996




The Honourable J. Bernard Boudreau, Q.C.
Chair of the Priorities and Planning Committee
of the Executive Council




AS ASSENTED TO BY THE LIEUTENANT GOVERNOR
MAY 17, 1996




Halifax
Printed by Queen's Printer for Nova Scotia







An Act to Amend Chapter 155

of the Revised Statutes, 1989,

the Executive Council Act, and

Chapter 376 of the Revised Statutes, 1989,

the Public Service Act

Be it enacted by the Governor and Assembly as follows:

1 Section 3 of Chapter 155 of the Revised Statutes, 1989, the Executive Council Act, as amended by Chapter 14 of the Acts of 1992, Chapter 21 of the Acts of 1993, Chapter 19 of the Acts of 1994 and Chapter 1 of the Acts of 1995-96, is further amended by

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

(ea) Minister of Business and Consumer Services;

(b) striking out clause (n) and substituting the following clause:

(n) Minister of Housing and Municipal Affairs;

(c) striking out clause (t); and

(d) striking out clauses (xa) and (z) and substituting the following clause:

(w) Minister of Transportation and Public Works,

2 Section 2 of Chapter 376 of the Revised Statutes, 1989, the Public Service Act, as amended by Chapter 14 of the Acts of 1992, Chapter 38 of the Acts of 1993, Chapter 31 of the Acts of 1994 and Chapter 1 of the Acts of 1995-96, is further amended by

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

(c) the Department of Business and Consumer Services;

(b) striking out clause (l) and substituting the following clause:

(l) the Department of Housing and Municipal Affairs;

(c) striking out clause (q); and

(d) striking out clauses (ta) and (v) and substituting the following clause:

(s) the Department of Transportation and Public Works.

3 Chapter 376 is further amended by adding immediately after Section 2 the following Section:

2A The Governor in Council may change the name of any department.

4 Chapter 376 is further amended by adding immediately after Section 4 the following Section:

4A Where the Governor in Council assigns all affairs and matters theretofore assigned or belonging to a department to another department or to a member of the Executive Council, other than the member of the Executive Council theretofore presiding over the department, and no new affairs or matters are thereupon assigned to the department, the Governor in Council may abolish the department.

5 Chapter 376 is further amended by adding immediately after Section 19 the following Sections:

19A (1) There shall be a Technology and Science Secretariat.

(2) The Governor in Council may assign to a member of the Executive Council responsibility for the Secretariat.

(3) The Governor in Council may appoint a person to be Deputy Minister of the Secretariat who shall be paid such salary as the Governor in Council determines and shall perform such duties as are, from time to time, prescribed by the Governor in Council.

(4) The Deputy Minister of the Secretariat is an employee in the public service and has the status of a deputy head, and the provisions of the Civil Service Act relating to a deputy or deputy head apply to the Deputy Minister.

(5) Such other officers and employees as are required for the purposes of the Secretariat may be appointed pursuant to the Civil Service Act and that Act applies to those employees.

19B (1) There shall be a Communications Nova Scotia Agency, to be called "Communications Nova Scotia".

(2) The Governor in Council may assign to a member of the Executive Council responsibility for the Agency.

(3) The Governor in Council may appoint a person to be Executive Director of the Agency who shall be paid such salary as the Governor in Council determines and shall perform such duties as are, from time to time, prescribed by the Governor in Council.

(4) The Executive Director of the Agency is an employee in the public service and such other employees as are required for the purposes of the Agency may be appointed pursuant to the Civil Service Act and that Act applies to those employees. (5) The Executive Director of the Agency and the employees referred to in subsection (4) are employees within the meaning of the Public Service Superannuation Act.

6 Chapter 376 is further amended by adding immediately after Section 30 the following heading and Sections:

DEPARTMENT OF BUSINESS AND CONSUMER SERVICES

30A The Department of Business and Consumer Services shall be presided over by the Minister of Business and Consumer Services who has all the powers and shall perform all the duties conferred or imposed upon the Minister by

(a) the Change of Name Act, the Collection Agencies Act, the Condominium Act, the Consumer Protection Act, the Consumer Reporting Act, the Consumer Services Act, the Direct Sellers' Licensing and Regulation Act, the Instalment Payment Contracts Act, the Mortgage Brokers' and Lenders' Registration Act, the Real Estate Brokers' Licensing Act, the Residential Tenancies Act, the Solemnization of Marriage Act, the Unconscionable Transactions Relief Act and Part X of the Bankruptcy and Insolvency Act (Canada);

(b) the Motor Vehicle Act and the Off-Highway Vehicles Act in so far as they relate to the Registrar of Motor Vehicles and the Registry of Motor Vehicles;

(c) Part IV of the Revenue Act for administrative purposes; and

(d) such other duties as are conferred or imposed upon the Minister by any other statute or prescribed, from time to time, by the Governor in Council.

30B The Governor in Council may appoint a person to be the Deputy Minister of Business and Consumer Services who shall be paid such salary as the Governor in Council determines and shall perform such duties as are, from time to time, prescribed by the Governor in Council.

30C (1) The Governor in Council shall appoint a person to be Provincial Tax Commissioner and shall fix the Provincial Tax Commissioner's salary.

(2) The Provincial Tax Commissioner shall perform the duties and have the powers imposed and conferred upon the Provincial Tax Commissioner by or pursuant to the Revenue Act and any other Acts, and shall perform such other duties as are prescribed by the Governor in Council or the Minister of Business and Consumer Services.

(3) The Provincial Tax Commissioner shall, under the direction of the Deputy Minister, carry out and report upon those duties and responsibilities that are imposed and conferred upon the Provincial Tax Commissioner as Provincial Tax Commissioner.

7 Section 44, the heading immediately preceding Section 47 and Sections 47 to 49 of Chapter 376 are repealed.

8 Section 51 of Chapter 376 is amended by striking out "vital statistics," in the third line.

9 The heading immediately preceding Section 53 and Sections 53 to 55 of Chapter 376 are repealed and the following heading and Sections substituted:

DEPARTMENT OF HOUSING AND MUNICIPAL AFFAIRS

53 The Department of Housing and Municipal Affairs shall be presided over by the Minister of Housing and Municipal Affairs who shall have all the powers and perform all the duties conferred or imposed upon the Minister by

(a) the Housing Act and the Housing Development Corporation Act; and

(b) the Assessment Act, the Municipal Act, the Municipal Affairs Act, the Regional Municipalities Act, the Towns Act and the other statutes of the Province relating to municipal affairs,

and such other duties as are conferred or imposed upon the Minister by any other statute or prescribed, from time to time, by the Governor in Council.

54 The Governor in Council may appoint a person to be Deputy Minister of Housing and Municipal Affairs, who shall be paid such salary as the Governor in Council determines and shall perform such duties as are, from time to time, prescribed by the Minister or the Governor in Council.

10 The heading immediately preceding Section 63 and Sections 63 and 64 of Chapter 376 are repealed.

11 The heading immediately preceding Section 73 and Sections 73 to 75 of Chapter 376 are repealed and the following heading and Sections substituted:

DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS

73 (1) The Department of Transportation and Public Works shall be presided over by the Minister of Transportation and Public Works who has the supervision, direction and control of all offices and matters relating to the Department and who shall supervise the performance of the functions of the Department.

(2) The Minister of Transportation and Public Works has

(a) all the powers and shall perform all the duties conferred or imposed upon the Minister by the Motor Carrier Act, the Motor Vehicle Act and the Off-highway Vehicles Act except in so far as they relate to the Registrar of Motor Vehicles and the Registry of Motor Vehicles;

(b) the superintendence and management of all buildings and property belonging to or under the control of the Government of the Province, other than any such buildings and property specifically placed under the superintendence and management of another department by statute of the Province; and

(c) the management and control, in so far as the same are by law vested in or appertain to the Government, of the construction and maintenance of all public buildings, other than those whose management and control is by any statute vested in another minister, and other public works constructed and maintained, in whole or in part, at the expense of the Province and the supervision, so far as the same is by law vested in or appertains to the Government, of the construction and operation of all railways within the Province built or operated under or by virtue of any law of the Province.

74 In addition to any functions assigned to the Department by an enactment, and unless the Governor in Council otherwise directs, the functions of the Department are to

(a) administer, develop, co-ordinate and implement policies, planning and programs of the Province relating to transportation;

(b) co-ordinate the work and efforts of other departments and agencies and co-operate with other provinces and the Government of Canada, and the departments thereof, respecting any matter relating to transportation;

(c) represent the Province before boards, commissions or tribunals concerned with transportation policy as it may affect the public interest;

(d) supervise, manage and control all Provincial highways and the traffic on them in accordance with the Public Highways Act, the Motor Vehicle Act and other statutes of the Province relating to highways and the use of them; and

(e) administer the Ferries Act.

12 Section 77 of Chapter 376 is amended by striking out "Chairman of the Management Board" in the third line and substituting "Chair of the Priorities and Planning Committee of the Executive Council".

13 A reference in any Act of the Legislature or in any rule, order, regulation, by-law, ordinance or proceeding or in any document whatsoever to

(a) the Department of Finance or the Minister or Deputy Minister of that Department;

(b) the Department of Housing and Consumer Affairs or the Minister or Deputy Minister of that Department; or

(c) the Department of Transportation and Communications or the Minister or Deputy Minister of that Department,

whether the reference is by official name or otherwise, shall as regards a subsequent transaction, matter or thing be held and construed to be a reference to the Department of Business and Consumer Services or the Minister or Deputy Minister of that Department where the reference relates to an affair, matter or function that, by or pursuant to the Public Service Act or this Act, is assigned to the Department of Business and Consumer Services or the Minister or Deputy Minister of that Department.

14 A reference in any Act of the Legislature or in any rule, order, regulation, by-law, ordinance or proceeding or in any document whatsoever to the Department of Supply and Services or the Minister or Deputy Minister of that Department, whether by official name or otherwise, shall as regards any subsequent transaction, matter or thing be held and construed to be a reference to the Communications Nova Scotia Agency or to the Minister responsible for or the Executive Director of the Agency where the reference relates to an affair, matter or function that, by or pursuant to the Public Service Act or this Act, is assigned to the Communications Nova Scotia Agency or to the Minister responsible for or the Deputy Minister of the Agency.

15 A reference in any Act of the Legislature or in any rule, order, regulation, by-law, ordinance or proceeding or in any document whatsoever to

(a) the Department of Housing and Consumer Affairs or the Minister or Deputy Minister of that Department; or

(b) the Department of Municipal Affairs or the Minister or Deputy Minister of that Department,

whether the reference is by official name or otherwise, shall as regards any subsequent transaction, matter or thing be held and construed to be a reference to the Department of Housing and Municipal Affairs or the Minister or Deputy of that Department where the reference relates to an affair, matter or function that, by or pursuant to the Public Service Act or this Act, is assigned to the Department of Housing and Municipal Affairs or to the Minister or Deputy Minister of that Department.

16 A reference in any Act of the Legislature or in any rule, order, regulation, by-law, ordinance or proceeding or in any document whatsoever to

(a) the Department of Supply and Services or the Minister or Deputy Minister of that Department; or

(b) the Department of Transportation and Communications or the Minister or Deputy Minister of that Department,

whether the reference is by official name or otherwise, shall as regards any subsequent transaction, matter or thing be held and construed to be a reference to the Technology and Science Secretariat or to the Minister responsible for or the Deputy Minister of the Secretariat where the reference relates to an affair, matter or function that, by or pursuant to the Public Service Act or this Act, is assigned to the Technology and Science Secretariat or to the Minister responsible for or the Deputy Minister of the Secretariat.

17 A reference in any Act of the Legislature or in any rule, order, regulation, by-law, ordinance or proceeding or in any document whatsoever to

(a) the Department of Supply and Services or the Minister or Deputy Minister of that Department; or

(b) the Department of Transportation and Communications or the Minister or Deputy Minister of that Department,

whether the reference is by official name or otherwise, shall as regards any subsequent transaction, matter or thing be held and construed to be a reference to the Department of Transportation and Public Works or to the Minister or Deputy Minister of that Department where the reference relates to an affair, matter or function that, by or pursuant to the Public Service Act or this Act, is assigned to the Department of Transportation and Public Works or to the Minister or Deputy Minister of that Department.

18 This Act has effect on and after April 1, 1996.