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BILL NO. 7


Government Bill


6th Session, 56th General Assembly

Nova Scotia

46 Elizabeth II, 1997






An Act Respecting Licences, Permits,

Registrations and Certifications






The Honourable Wayne Gaudet

Minister of Business and Consumer Services








Halifax

Printed by Queens Printer for Nova Scotia




An Act Respecting Licences, Permits,

Registrations and Certifications



Be it enacted by the Governor and Assembly as follows:


1 This Act may be cited as the Licences, Permits, Registrations and Certifications Act.


2 (1) This Act applies to a licence, permit, registration or certification that was not in existence on the coming into force of this Act.


(2) For greater certainty, this Act does not apply to an existing licence, permit, registration or certification issued or made before the coming into force of this Act.


3 On and after the coming into force of this Act,


(a) a licence shall be issued where Her Majesty in right of the Province grants permission to a person, group or organization to engage in an activity and Her Majesty in right of the Province owns the asset related to the activity;


(b) a permit shall be issued where Her Majesty in right of the Province grants permission to a person, group or organization to engage in an activity and Her Majesty in right of the Province does not own the asset related to the activity;


(c) Her Majesty in right of the Province shall issue proof of registration, in the manner determined by regulation, where an enactment requires information to be recorded or entered in an official record or list;


(d) a certification shall be issued where Her Majesty in right of the Province formally acknowledges that a person has a level of skill, training or experience as demonstrated by a test or proof of competence.


4 All trade-related certifications shall be administered by the Minister of Education and Culture.


5 (1) The Minister of Business and Consumer Services may appoint an employee of the Department of Business and Consumer Services to be the Provincial Advisor - Licences, Permits, Registrations and Certifications.


(2) The Provincial Advisor appointed pursuant to subsection (1) shall


(a) develop standard applications forms;


(b) develop a procedure to ensure that this Act and the regulations are consistently applied; and


(c) perform such other functions as are determined by the Minister of Business and Consumer Services.


6 The Minister of each Government department may appoint an employee of the department to consult with the Provincial Advisor - Licences, Permits, Registrations and Certifications to ensure that a licence, permit, registration or certification proposed by the department meets the requirements of this Act and the regulations.


7 The minister of each Government department shall ensure that the following information is filed in a central registry prescribed by regulation:


(a) all new licences, permits, registrations and certifications issued by the department;


(b) changes to licences, permits, registrations and certifications referred to in clause (a);


(c) the elimination of licences, permits, registrations and certifications referred to in clause (a); and


(d) all licences, permits, registrations and certifications issued by the department prior to the coming into force of this Act and any changes to those licences, permits, registrations and certifications that occur after the coming into force of this Act.


8 Where an applicant has met all of the requirements for a licence, permit, registration or certification, the licence, permit, registration or certification shall be issued within fifteen days, or such longer period of time as determined by the minister of the department issuing the licence, permit, registration or certification.


9 Where a licence, permit, registration or certification has been issued and the licence, permit, registration or certification may be renewed, the person, group or organization to whom the licence, permit, registration or certification has been issued shall be notified of the requirement to renew at least forty-five days prior to the expiry of the licence, permit, registration or certification.


10 Unless otherwise provided by regulation,


(a) every licence, permit and registration expires three years from the date it is issued; and


(b) every certification expires five years from the date it is issued.



11 (1) The Governor in Council may make regulations


(a) establishing criteria for the issuing of a licence, permit, registration or certification pursuant to this Act;


(b) respecting application forms for licences, permits, registrations and certifications;


(c) requiring information to be provided to an unsuccessful applicant for a licence, permit, registration or certification;


(d) respecting appeals by an unsuccessful applicant for a licence, permit, registration or certification;


(e) respecting expiry dates for licences, permits, registrations and certifications;


(f) respecting fees for a licence, permit, registration or certification and the method of payment of those fees;


(g) respecting a periodic review of the process used in issuing a licence, permit, registration or certification, including the continuing need for specific licences, permits, registrations and certifications and providing for public notice of the review process;


(h) providing an exemption from any requirement of this Act;


(i) defining any word or expression used but not defined in this Act;


(j) deemed necessary or advisable to carry out effectively the intent and purpose of this Act.


(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.


12 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.


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