BILL NO. 124

(as passed, with amendments)

2nd Session, 60th General Assembly
Nova Scotia
57 Elizabeth II, 2008



Government Bill



Justice Administration Amendment (2008) Act

CHAPTER 4 OF THE ACTS OF 2008



The Honourable Cecil P. Clarke
Minister of Justice



First Reading: April 24, 2008 (LINK TO BILL AS INTRODUCED)

Second Reading: April 25, 2008

Third Reading: May 27, 2008 (WITH COMMITTEE AMENDMENTS)

Royal Assent: May 27, 2008

An Act Respecting
the Administration of Justice

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Justice Administration Amendment (2008) Act.

PART I

AGRICULTURE AND MARKETING ACT

2 Chapter 6 of the Revised Statutes, 1989, the Agriculture and Marketing Act, is amended by adding immediately after Section 5 the following Section:

PART II

BEE INDUSTRY ACT

3 Chapter 3 of the Acts of 2005, the Bee Industry Act, is amended by adding immediately after Section 4 the following Section:

PART III

COMPANIES ACT

4 Subsection 26(17) of Chapter 81 of the Revised Statutes, 1989, the Companies Act, as enacted by Chapter 34 of the Acts of 2007, is amended by striking out "extend" in the fourth line and substituting "extent".

5 Subsection 134(14) of Chapter 81, as amended by Chapter 34 of the Acts of 2007, is further amended by adding "special" immediately after "by" in the fifth, sixth and seventh lines.

PART IV

EXECUTIVE COUNCIL ACT

6 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, Chapter 1 of the Acts of 1995-96, Chapter 8 of the Acts of 1996, Chapter 25 of the Acts of 1996 and Chapter 4 of the Acts of 2001, is further amended by

(a) striking out clause (h) and substituting the following clauses:

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

(c) adding immediately after clause (j) the following clause:

(d) adding immediately after clause (k) the following clause:

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

and

(f) striking out clause (q) and substituting the following clause:

PART V

PUBLIC SERVICE ACT

7 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, Chapter 1 of the Acts of 1995-96, Chapter 8 of the Acts of 1996, Chapter 25 of the Acts of 1996, Chapter 4 of the Acts of 2001, Chapter 2 of the Acts of 2006 and Chapter 44 of the Acts of 2006, is further amended by striking out clause (m) and substituting the following clause:

8 Sections 18 and 25A to 25E of Chapter 376 are repealed.

9 Sections 25G and 25H of Chapter 376, as enacted by Chapter 45 of the Acts of 2005, are amended by striking out "Nova Scotia" wherever it occurs and substituting in each case "Nova Scotian".

10 Chapter 376 is further amended by adding immediately after Section 25I the following Sections:

11 Section 36 of Chapter 376, as enacted by Chapter 4 of the Acts of 2001, is amended by

(a) striking out clauses (c) and (f); and

(b) striking out "(f)" in the third line of clause (g) and substituting "(e)".

12 Section 36C of Chapter 376 is repealed.

13 Chapter 376 is further amended by adding immediately after Section 46C the following heading and Sections:

14 The heading immediately before Section 70 of Chapter 376, as enacted by Chapter 4 of the Acts of 2001, is amended by striking out "AND CULTURE" and substituting ", CULTURE AND HERITAGE".

15 Section 70 of Chapter 376, as enacted by Chapter 4 of the Acts of 2001, is amended by striking out "and Culture" in the second and in the third lines and substituting in each case ", Culture and Heritage".

16 Section 71 of Chapter 376, as enacted by Chapter 4 of the Acts of 2001, is amended by striking out "and Culture" in the first line and substituting ", Culture and Heritage".

17 Th e heading immediately before Section 72 of Chapter 376, as enacted by Chapter 4 of the Acts of 2001, is amended by striking out "PUBLIC WORKS" in the second line and substituting "INFRASTRUCTURE RENEWAL".

18 Section 72 of Chapter 376, as enacted by Chapter 4 of the Acts of 2001, is amended by

(a) striking out "(1)" in the first line; and

(b) striking out "Public Works" in the second and in the third lines and substituting in each case "Infrastructure Renewal".

19 Section 73 of Chapter 376, as enacted by Chapter 4 of the Acts of 2001, is amended by striking out "Public Works" in the first and second lines and substituting "Infrastructure Renewal".

PART VI

PUBLIC TRUSTEE ACT

20 Chapter 379 of the Revised Statutes, 1989, the Public Trustee Act, is amended by adding immediately after Section 3 the following Section:

21 Chapter 379 is further amended by adding immediately after Section 14 the following Section:

PART VII

SMALL CLAIMS COURT ACT

22 Clause 10(e) of Chapter 430 of the Revised Statutes, 1989, the Small Claims Court Act, is amended by striking out "one" in the first line and substituting "two thousand five".

PART VIII

SUMMARY PROCEEDINGS DATE

23 Subsection 8(18) of Chapter 450 of the Revised Statutes, 1989, the Summary Proceedings Act, as amended by Chapter 8 of the Acts of 1999 (2nd Session), is further amended by striking out "the justice who entered a conviction pursuant to subsection (15)" in the third line and substituting "a justice".

PART IX

EFFECTIVE DATE

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


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