BILL NO. 68

(as introduced)

1st Session, 62nd General Assembly
Nova Scotia
63 Elizabeth II, 2014



Private Member's Bill



Oak Island Treasure Act
and the Special Places Protection Act
(amended)



The Honourable Denise Peterson-Rafuse
Chester–St. Margaret's



First Reading: April 23, 2014

(Explanatory Notes)

Second Reading:

Third Reading:

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Explanatory Notes

Clause 1 repeals provisions of the Oak Island Treasure Act that allow

(a) the Minister to issue or renew a treasure-hunting licence; and

(b) a licence holder to retain treasure discovered and recovered upon payment of a royalty.

Clause 2 cancels all existing treasure-hunting licences as of the coming into force of this Clause.

Clause 3 amends the Special Places Protection Act to add Oak Island treasure to the definition of "heritage object".

Clause 4 directs the Minister to designate Oak Island as a protected site.

Clause 5 allows persons whose existing treasure-hunting licences are cancelled by Clause 2 and who are issued a heritage research permit within six months of the cancellation to retain any coins or gold or silver bars discovered and recovered by the person, subject to a requirement to deliver a portion of the coins or bars, as selected by the archaeologist appointed by the Government of Nova Scotia, to the Nova Scotia Museum or another public institution, to become the property of Nova Scotia.

Clause 6 requires the holder of a heritage research permit to pay the expenses in relation to an archaeologist appointed by the Government of Nova Scotia to monitor the site of any explorations or excavations carried out on Oak Island.

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An Act to Amend Chapter 39
of the Acts of 2010,
the Oak Island Treasure Act,
and Chapter 438 of the Revised Statutes, 1989,
the Special Places Protection Act

Be it enacted by the Governor and Assembly as follows:

1 Sections 4, 5 and 9 of Chapter 39 of the Acts of 2010, the Oak Island Treasure Act, are repealed.

2 Chapter 39 is further amended by adding immediately after Section 13 the following Section:

3 Clause 3(aa) of Chapter 438 of the Revised Statutes, 1989, the Special Places Protection Act, as enacted by Chapter 45 of the Acts of 1990 and amended by Chapter 39 of the Acts of 2010, is further amended by striking out "but does not include" in the second and third lines and substituting "and includes".

4 (1) Section 7 of Chapter 438, as amended by Chapter 44 of the Acts of 1990, is further amended by adding immediately after subsection (1) the following subsection:

(2) Subsection 7(2) of Chapter 438 is amended by adding "or (1A)" immediately after "(1)" in the second line.

5 Chapter 438 is further amended by adding immediately after Section 8 the following Section:

6 Chapter 438 is further amended by adding immediately after Section 9 the following Section:

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