Assemblée Législative de la Nouvelle-Écosse

Les travaux de la Chambre ont repris le
21 septembre 2017

Projet de loi no 78

Justice Administration (2012) Act*

An Act Respecting the Administration of Justice

Déposé par :
L'honorable Ross Landry
Minister of Justice

Première lecture
Débats en deuxième lecture
Adoption en deuxième lecture
Comité des modifications des lois
    Date(s) de réunion 8 mai 2012
    Rapport à la Chambre
Comité plénier
Débats de la troisième lecture
Débats de la troisième lecture
Sanction royale
Prise d'effet 17 mai 2012; except Sections 20 to 28: September 25, 2012; and Section 13: October 2, 2012
2012 Statutes, Chapter 8

Note explicative (en anglais seulement)

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.

Clause 3 repeals Section 8 of the Act and substitutes a Section that clarifies the following regarding the Board:

  (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.

Clause 4 repeals Section 9 of the Act and substitutes a Section clarifying that a Board member

  (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 5 repeals Section 11 of the Act.

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 7 corrects an error in the Act.

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.

Clauses 18 and 19 amend the Summary Proceedings Act to correct certain Section references to both the Summary Proceedings Act and the Motor Vehicle Act.

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 21 authorizes the making of regulations regarding procedures for the Film Classification 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 23 requires a video outlet to mark its films on both the film container and the film display with the classification given in accordance with the Act.

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.