The Nova Scotia Legislature

The House adjourned:
October 26, 2017.

Bill No. 76

Adult Protection Act (amended)*

An Act to Amend Chapter 2 of the Revised Statutes, 1989, the Adult Protection Act

Introduced by:
Honourable Dave Wilson
Minister of Health and Wellness

First Reading
Second Reading Debates
Second Reading Passed
Law Amendments Committee
    Meeting Date(s) May 7, 2013
    Reported to the House
Committee of the Whole House
Third Reading Debates
Third Reading
Royal Assent
Commencement Upon proclamation
2013 Statutes, Chapter 13

Explanatory Note

Clause 1 adds definitions of “abuse”, “financial abuse”, “record” and “substitute decision-maker” to the Adult Protection Act and amends the definition of “adult in need of protection”.

Clause 2 amends the Act to make it gender-neutral.

Clause 3 allows but does not require the reporting of information that an adult is in need of protection by reason only of being the victim of financial abuse.

Clause 4 amends the Act to make it gender-neutral.

Clause 5 allows the Minister to assist an adult in need of protection by referring the adult to services if the adult or the adult’s substitute decision-maker is willing to accept the assistance and adds gender-neutral language.

Clause 6 allows the Minister to apply for an order for entry for the purpose of making an assessment if the substitute decision-maker of a person being assessed under the Act interferes with or obstructs the assessment.

Clause 7

(a) modernizes the wording of the Act;

(b) removes refusal of assistance by reason of duress as a ground for an order declaring a person to be an adult in need of protection; and

(c) allows a court making a protective intervention order to also make a temporary custody order or a supervision order.

Clause 8

(a) modernizes the wording of the Act; and

(b) removes refusal of assistance by reason of duress as a ground for the Minister authorizing the removal of a person for that person’s protection.

Clause 9 provides for forensic accounting orders, entry and inspection powers, search warrants and property freezing orders.

Clause 10 amends the Act to make it gender-neutral.

Clause 11

(a) allows the Minister to obtain information, make records and disclose information and records to a peace officer; and

(b) provides for the copying of record inspected under the Act.

Clause 12 requires peace officers to give assistance to the Minister in the performance of the Minister’s duties under the Act.

Clause 13 allows the Minister to refer the results of an investigation of an allegation of financial abuse to a police agency for a determination of whether a charge should be laid.

Clause 14 provides that it is not an offence to fail to report that an adult is in need of protection if the adult is in need of protection by reason only of being the victim of financial abuse.

Clause 15 adds regulation-making powers to the Act.

Clause 16 provides that this Act comes into force upon proclamation.