Emergency Measures Act (amended)

BILL NO. 16

(as introduced)

1st Session, 59th General Assembly
Nova Scotia
52 Elizabeth II, 2003

Private Member's Bill

Emergency Measures Act
(amended)

Howard Epstein
Halifax Chebucto

First Reading: October 7, 2003

(Explanatory Note)

Second Reading:

Third Reading:

Explanatory Note

This Bill continues the protection in the Emergency Measures Act against charging more than the fair market value for essential supplies and services during a state of emergency after the state of emergency has been terminated if the Governor in Council determines to extend the protection and permits a court to determine whether fair market value has been charged.

An Act to Amend Chapter 8
of the Acts of 1990,
the Emergency Measures Act

Be it enacted by the Governor and Assembly as follows:

1 (1) Section 16 of Chapter 8 of the Acts of 1990, the Emergency Measures Act, is amended by adding immediately after subsection (1) the following subsection:

(1A) The Governor in Council may, by order, extend the application of subsection (1) for such period as the Governor in Council determines.

(2) Subsection 16(2) of Chapter 8 is amended by

(a) adding "or (1A)" immediately after "(1)" in the first line; and

(b) adding ", whether the contract has been carried out or not," immediately after "(1)" in the first line.

(3) Section 16 of Chapter 8 is further amended by adding immediately after subsection (2) the following subsection:

(3) Any person who is aggrieved by the repudiation of a contract pursuant to subsection (2) may apply to the Small Claims Court of Nova Scotia or, where the amount of the contract exceeds the monetary limit on the jurisdiction of the Small Claims Court, to the Supreme Court of Nova Scotia for a determination of whether the price charged under the repudiated contract was higher than the fair market value of the price for the same thing immediately before the emergency and, where the Court determines that the price charged was not higher than the fair market value, the contract is binding on the parties.

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2003 Crown in right of Nova Scotia. Updated October 7, 2003. Send comments to legc.office@novascotia.ca.

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