CHAPTER 1 (1992 SUPPLEMENT)
OF THE
REVISED STATUTES, 1989
1 This Act may be cited as the House of Assembly Act. R.S. (1992 Supp.), c. 1, s. 1.
(a) "committee" means any standing, special or select committee of the House;
(b) "House" means the House of Assembly;
(c) "leader of a recognized party" means the leader in the House of a party represented by two or more members, other than the Premier or the Leader of the Opposition, whose party was a registered party in accordance with the Elections Act and had candidates standing for election for three quarters of the seats of members in the House and whose party received ten per cent or more of the votes officially recorded in the latest general election of members of the House;
(d) "municipal district" means a polling district as defined in the Municipal Act;
(e) "outside member" means a member of the House who is resident within the meaning of the Elections Act more than twenty-five miles distant from the place where the House ordinarily sits;
(f) "Speaker" means the Speaker of the House.
(2) In this Act, description references to streets, roads, rights-of-way, water features or railways signifies the centre line of the streets, roads, rights-of-way, water features or railways unless otherwise described or stated. R.S. (1992 Supp.), c. 1, s. 2; 2011, c. 5, ss. 366, 367.
3 It is expressly declared that the division of this Act into Parts is for convenience only. R.S. (1992 Supp.), c. 1, s. 3.
4 The House shall be composed of fifty-two members, of whom one shall be elected from each of the fifty-two electoral districts named and described as follows:
(a) Annapolis, consisting of, in the County of Annapolis,
(ii) in the Municipality of the County of Annapolis, Municipal Districts 1, 2, 3, 4, 5, 9, 10, 11 and 12, and
(iii) in the Municipality of the County of Annapolis, that part of Municipal District 8 lying north and east of a line described as follows: starting at the point where Allains Creek meets the northern boundary of Municipal District 8; then southeast and south along Allains Creek and Allains River to the point due west of the intersection of Highway 8 and Highway 101; then due east in a straight line to the intersection of Highway 8 and Highway 101; then southeast in a straight line to the point where South Brook flows out of Keenan Lake; then east in a straight line to the point where Ten Mile Brook flows out of Dargie Lake; then east along the southern shore of Dargie Lake to the eastern boundary of Municipal District 8;
the Municipality of the District of Argyle;
(d) Bedford-Birch Cove, consisting of, in the County of Halifax,
that part of Halifax Regional Municipality bounded by a line described as follows: starting at the shore of Bedford Basin (Sherwood Point); then southwest along a line to the intersection of Crest Road and Tremont Drive; then southwest along a line to the intersection of Farnham Gate Road and Dunbrack Street; then southwest along a line running parallel to and excluding Farnham Gate Road to a point east of Scotch Pine Terrace; then northwest along a line running parallel to Edward Laurie Drive to a point approximately 750 m south of the Kearney Lake Road and Dunbrack Street interchange on Highway 102; then southwest along a line passing through the southern portion of Washmill Lake to the southern shore of Ash Lake; then north along Ash Lake to the northern shore of Ash Lake; then northeast along a straight line passing through the northern shore of Charlies Lake and across Kearney Lake to a point on the Kearney Lake Road approximately 1.7 km northwest of the Kearney Lake Road and Highway 102 interchange; then northeast along a straight line to a point on Highway 102 approximately 1.8 km north and northwest of the Kearney Lake Road and Highway 102 interchange; then northwest along Highway 102 approximately 2.1 km; then west along a straight line to a point on Bluewater Road approximately 140 m north of the intersection of Kearney Lake Road; then northwest along a straight line to a point on Hammonds Plains Road approximately 335 m east of the intersection of Kearney Lake Road; then northeast along a straight line passing approximately 345 m west of Marsh Lake to the Sackville River; then southeast along the various courses of the Sackville River and Little Sackville River to Highway 101; then southeast along Highway 101 to the Highway 102 interchange; then northeast along Highway 102 to Sucker Brook; then northeast along Sucker Brook to Rocky Lake; then east along the shore of Rocky Lake passing through the Canadian National Railway causeway to Rocky Lake Drive; then southwest along Rocky Lake Drive approximately 1.8 km to the Canadian National Railway line; then southwest along the Canadian National Railway line approximately 1.4 km to the Bedford Bypass; then southeast along the Bedford Bypass and Windmill Road to Wright Brook; then southwest along Wright Brook to the shore of Bedford Basin; then southwest across Bedford Basin to the shore of Bedford Basin (Sherwood Point);
(e) Cape Breton Centre, consisting of, in the County of Cape Breton,
that part of Cape Breton Regional Municipality bounded by a line described as follows: starting where Gardiner Road meets the Devco Railway line (Glace Bay Branch); then southwest along the Devco Railway line (Glace Bay Branch) to Northwest Brook; then north along Northwest Brook to the Devco Railway line (New Waterford Branch); then northwest along the Devco Railway line (New Waterford Branch) to a line projecting from the northern shore of Kilkenny Lake; then northwest along a line running parallel to and including both sides of Kilkenny Lake Road to the shore of Sydney Harbour; then north along Sydney Harbour to the Atlantic Ocean; then east along the shore of the Atlantic Ocean to the former Town of Glace Bay western boundary; then southwest along the former Town of Glace Bay western boundary to Renwick Brook; then northwest and southwest along Renwick Brook to the eastern boundary of Sydney Airport; then south, west and north along the various courses of the Sydney Airport boundary to a point approximately 550 m south of Grand Lake Road; then southwest along a straight line to a line projecting southeast from the intersection of Evergreen Drive and Gardiner Road; then northwest along the said projected line running parallel to and excluding Evergreen Drive to the intersection of Grand Lake Road and Gardiner Road; then northeast along Gardiner Road to the Devco Railway line (Glace Bay Branch);
(f) Cape Breton North, consisting of, in the County of Cape Breton,
that part of Cape Breton Regional Municipality bounded by a line described as follows: starting at a point where Highway 125 meets the North West Arm of Sydney Harbour (Balls Creek); then north and northeast along Highway 125 to the Trans Canada Highway interchange; then northwest along the Trans Canada Highway to Prince Mine Road; then north and northwest along Prince Mine Road to the intersection of Sherrie Lee Lane and Mill Pond Road; then southwest along Mill Pond Road to Mill Pond; then west along Mill Pond to the Victoria County and Cape Breton County boundary (Aconi Brook); then north along the Victoria County and Cape Breton County boundary (Aconi Brook) to the Atlantic Ocean; then east along the shore of the Atlantic Ocean to the mouth of Sydney Harbour; then southwest along the shore of Sydney Harbour and North West Arm of Sydney Harbour (Balls Creek) to Highway 125;
(g) Cape Breton Nova, consisting of, in the County of Cape Breton,
(ii) Eskasoni Reserves (3, 3A) and Caribou Marsh Reserve (29);
(ii) in the Municipality of the District of Lunenburg, Municipal District 10,
(m) Clare, consisting of, in the County of Digby,
the Municipality of the District of Clare;
(n) Colchester-Musquodoboit Valley, consisting of, in the County of Colchester,
(ii) in the Municipality of the County of Colchester, Municipal Districts 2, 3, 4 and 14, and
(iii) in the Municipality of the County of Colchester, that part of Municipal District 15 lying south of the Salmon River,
(v) in the Municipality of the County of Halifax, that part of Municipal District 14 lying east of Highway 102, and
(ii) in the Municipality of the County of Colchester, that part of Municipal District 15 lying north of the Salmon River;
that part of Halifax Regional Municipality bounded by a line described as follows: starting where the north boundary of Canadian Forces Base Shearwater meets Halifax Harbour at Eisner Cove; then northeast along the various courses of the north boundary of Canadian Forces Base Shearwater along a straight line across Morris Lake to Astral Drive; then northeast along Astral Drive to Caldwell Road; then northwest along Caldwell Road to Deerbrooke Drive; then northeast along a line running parallel to and excluding Deerbrooke Drive to Colby Drive; then southeast along Colby Drive to the intersection of Greenwich Drive; then northeast along a straight line crossing the north portion of Bissett Lake to a point approximately 610 m southeast of Brookview Drive to Bissett Road; then northeast along a straight line to an unnamed brook (on PID # 40415739); then northeast along the unnamed brook (on PID # 40415739) to the shore of Cole Harbour; then southeast and south along Cole Harbour and south along Cow Bay to the mouth of Halifax Harbour; then northwest along Halifax Harbour passing west of McNabs Island to where the north boundary of Canadian Forces Base Shearwater meets Halifax Harbour at Eisner Cove;
(q) Cumberland North, consisting of, in the County of Cumberland,
(ii) in the Municipality of the County of Cumberland, Municipal Districts 1, 3, 7 and 8;
(ii) in the Municipality of the County of Cumberland, Municipal Districts 2, 4, 5, 6, 9, 10 and 11, and
that part of Halifax Regional Municipality bounded by a line described as follows: starting where Highway 111 (Circumferential Highway) crosses Lake Micmac; then north along Lake Micmac, the Shubenacadie Canal and Lake Charles to Barrys Run; then southeast along the various courses of Barrys Run to Loon Lake; then southeast and southwest along Loon Lake to the Brook joining Lake Loon and Cranberry Lake; then southwest along the Brook joining Lake Loon and Cranberry Lake to a straight line running parallel to Forest Hills Parkway extension; then southeast along the above said line to a point west on Main Street (Highway 7) approximately 150 m from the Forest Hill Parkway intersection; then southwest along Main Street (Highway 7) to the prolongation of Lucien Drive; then southeast along the prolongation of Lucien Drive and Lucien Drive to a line north of Carlson Court; then east along the above said line to Settle Lake; then south along Settle Lake and Settle Lake Brook to Portland Street (Cole Harbour Road); then west along Portland Street (Cole Harbour Road) to Highway 111 (Circumferential Highway); then north and northwest along Highway 111 (Circumferential Highway) to Lake Micmac;
(t) Dartmouth North, consisting of, in the County of Halifax,
that part of Halifax Regional Municipality bounded by a line described as follows: starting where Wright Brook meets the shore of Bedford Basin; then northeast along Wright Brook to the Canadian National Railway line; then northeast along the Canadian National Railway line approximately 3.9 km to Marshall Brook; then east along a straight line to the northern shore of Lake Charles; then southeast, south and southwest along Lake Charles, the Shubenacadie Canal, Lake Micmac, Lake Banook and Sullivan Pond Brook to Hawthorne Street; then northwest along Hawthorne Street to Crichton Avenue; then northwest along Crichton Avenue to Crichton Park Road; then northwest along Crichton Park Road to Thistle Street; then south and southwest along Thistle Street to Wyse Road; then northwest along Wyse Road to Nantucket Avenue; then southwest along Nantucket Avenue to the Angus L. Macdonald Bridge; then northwest along Halifax Harbour, The Narrows and the shore of Bedford Basin to Wright Brook;
(u) Dartmouth South-Portland Valley, consisting of, in the County of Halifax,
that part of Halifax Regional Municipality bounded by a line described as follows: starting where the Angus L. Macdonald Bridge crosses Halifax Harbour; then northeast along Nantucket Avenue to Wyse Road; then southeast along Wyse Road to Thistle Street; then northeast and north along Thistle Street to Crichton Park Road; then southeast along Crichton Park Road to Crichton Avenue; then southeast along Crichton Avenue to Hawthorne Street; then southeast along Hawthorne Street to Sullivan Pond Brook; then northeast along Sullivan Pond Brook and Lake Banook to Highway 111 (Circumferential Highway); then south and southeast along Highway 111 (Circumferential Highway) to Portland Street; then east along Portland Street to a point west of Donegal Drive (approximately 215 m east of Portland Hills Drive); then southeast along a line running parallel to and excluding Donegal Drive to a point approximately 265 m southwest of Astral Drive; then southwest along a straight line across Morris Lake to the north boundary of Canadian Forces Base Shearwater; then southwest along the various courses of the north boundary of Canadian Forces Base Shearwater to where it meets Halifax Harbour at Eisner Cove; then northwest along Halifax Harbour to the Angus L. Macdonald Bridge;
(v) repealed 2002, c. 34, s. 1.
(w) Digby-Annapolis, consisting of, in the County of Digby,
and, in the County of Annapolis,(v) that part of Municipal District 8 lying south and west of a line described as follows: starting at the point where Allains Creek meets the northern boundary of Municipal District 8; then southeast and south along Allains Creek and Allains River to the point due west of the intersection of Highway 8 and Highway 101; then due east in a straight line to the intersection to Highway 8 and Highway 101; then southeast in a straight line to the point where South Brook flows out of Keenan Lake; then east in a straight line to the point where Ten Mile Brook flows out of Dargie Lake; then east along the southern shore of Dargie Lake to the eastern boundary of Municipal District 8, and
that part of Halifax Regional Municipality bounded by a line described as follows: starting at a point on Broom Lake Brook approximately 190 m southwest of Broom Lake; then northeast along a straight line approximately 630 m to the Little Salmon River Tributary; then southeast along the Little Salmon River Tributary approximately 135 m; then northeast along a straight line passing south of Chris Evan Drive and Highway 7 to a point approximately 175 m east of Shepherds Lane; then southeast along a line to a point approximately 120 m west of Gammon Lake; then northeast along a straight line passing through Gammon Lake to a point on the Candy Mountain Road (approximately 575 m from Notting Hill Road); then east along the Candy Mountain Road to the western boundary of PID # 00407908; then northeast along the western boundary of PID # 00407908 to the western boundary of PID # 00608018; then northwest and northeast along the west and north boundary of PID # 00608018 to PID # 00609305; then northwest along the west boundary of PID# 00609305 to the southeast boundary of PID # 40185233; then northwest along the east boundary of PID # 40185233 to the southwest boundary of PID # 00497388; then northeast along the southwest boundary of PID # 00497388 and its prolongation to Porters Lake (South of Christopher Lane); then northwest along Porters Lake to the northern shore of Porters Lake; then northeast along a straight line to Second Rocky Lake; then southeast along a straight line to the most northeast point of the boundary of the Tangier Grand Lake Wilderness Area; then southeast and southwest along the various courses of the Tangier Grand Lake Wilderness area to its most southern boundary; then southwest along a straight line passing through Newcombe Lake to Newcombe Brook; then southwest along the Newcombe Brook to Ship Harbour; then south along Ship Harbour to False Passage; then southwest along False Passage to a point on the Atlantic Ocean shore west of Wolfe's Island; then southwest along the shore of the Atlantic Ocean to Cow Bay; then north and northwest along Cow Bay and Cole Harbour to Broom Lake Brook; then north and northwest along the various courses of Broom Lake Brook to a point approximately 190 m southwest of Broom Lake;
(y) Glace Bay, consisting of, in the County of Cape Breton,
(ya) Guysborough-Sheet Harbour, consisting of
(ii) in the Municipality of the County of Halifax, Municipal District 5;
that part of Halifax Regional Municipality bounded by a line described as follows: starting where the Canadian National Railway line crosses Kempt Road; then south along the Canadian National Railway line to Chebucto Road; then southwest along Chebucto Road and its westerly projection to the centre of the Armdale Rotary; then southeast along the Northwest Arm to the prolongation of Jubilee Road; then northeast along the prolongation of Jubilee Road and Jubilee Road to Robie Street; then northwest along Robie Street to Quinpool Road; then southwest along Quinpool Road to Windsor Street; then northwest along Windsor Street to Kempt Road; then west along Kempt Road to the Canadian National Railway line;
(ab) Halifax Citadel-Sable Island, consisting of, in the County of Halifax,
that part of Halifax Regional Municipality bounded by a line described as follows: starting at a point where the Canadian National Railway line crosses Highway 103; then northeast along Highway 103 to Highway 102 (Bicentennial Drive); then east along Highway 102 (Bicentennial Drive) to Northwest Arm Drive; then northwest and north along Northwest Arm Drive and Dunbrack Street to Willett Street; then southeast along Willett Street to the westerly projection of the rear property lines of the properties on the northern side of Sybyl Court; then east along the westerly projection and rear property lines of the properties on the northern side of Sybyl Court and their easterly projection to Lacewood Drive; then southeast along Lacewood Drive to Vimy Avenue; then east along Vimy Avenue and its easterly projection to the Canadian National Railway line and the shore of Bedford Basin (Fairview Cove); then northwest along Bedford Basin to a line running from the shore of Bedford Basin to Sherwood Point; then southwest to the intersection of Crest Road and Tremont Drive; then southwest along a line to the intersection of Farnham Gate Road and Dunbrack Street; then southwest along a line running parallel to and including Farnham Gate Road to a point east of Scotch Pine Terrace; then northwest along a line running parallel to and excluding Edward Laurie Drive to a point on Highway 102 approximately 750 m south of the Kearney Lake Road and Dunbrack Street interchange; then southwest along a straight line passing through the southern portion of Washmill Lake to the southern shore of Ash Lake; then southeast along Ash Lake Brook (Suzie Lake Brook) to the most eastern shore of Black Duck Ponds; then southeast along a straight line to a point on Highway 103 west of Lakeland Boulevard; then east along a straight line to St. Margaret's Bay Road; then north along a straight line to where the Canadian National Railway line crosses Highway 103;
(ad) Halifax Fairview, consisting of, in the County of Halifax,
that part of the City of Halifax bounded by a line described as follows: starting at the point where the Canadian National Railway line crosses Highway 103; then northeast along Highway 103 to Highway 102 (Bicentennial Drive); then east along Highway 102 (Bicentennial Drive) to Northwest Arm Drive; then northwest and north along Northwest Arm Drive and Dunbrack Street to Willett Street; then southeast along Willett Street to the westerly projection of the rear property lines of the properties on the northern side of Sybyl Court; then east along the westerly projection and the rear property lines of the properties on the northern side of Sybyl Court and their easterly projection to Lacewood Drive; then southeast along Lacewood Drive to Vimy Avenue; then east along Vimy Avenue and its easterly projection to the Canadian National Railway line; then south along the Canadian National Railway line to Chebucto Road; then southwest along Chebucto Road and its southwesterly projection to the centre of the Armdale Rotary; then south in a straight line to Herring Cove Road; then south along Herring Cove Road to the southerly projection of the rear property lines of the properties on the western side of Punchbowl Drive; then north along the southerly projection and the rear property lines of the properties on the western side of Punchbowl Drive to the rear property lines of the properties on the northern side of Punchbowl Drive; then west along the westerly projection of the rear property lines of the properties on the northern side of Punchbowl Drive to Northwest Arm Drive; then southeast along Northwest Arm Drive to Old Sambro Road; then due west in a straight line to Long Lake; then west, south and west along the southern shore of Long Lake to the western boundary of the City of Halifax; then northwest along the western boundary of the City of Halifax to the intersection of the boundaries of the City of Halifax and Municipal District 4 and Municipal District 5 of the Municipality of the County of Halifax, then north in a straight line to the point where the Canadian National Railway line crosses Highway 103;
(ae) Halifax Needham, consisting of, in the County of Halifax,
that part of Halifax Regional Municipality bounded by a line described as follows: starting where the Canadian National Railway line crosses Kempt Road; then east along Kempt Road to Windsor Street; then southeast along Windsor Street to Quinpool Road; then northeast along Quinpool Road to Cogswell Street; then northeast along Cogswell Street to Rainnie Drive; then southeast along Rainnie Drive to Duke Street; then northeast along Duke Street and the prolongation of Duke Street to the shore of Halifax Harbour; then northwest along the shore of Halifax Harbour and The Narrows to the shore of Fairview Cove; then south along a line to where the Canadian National Railway line crosses Kempt Road;
(aea) Hammonds Plains-Upper Sackville, consisting of, in the County of Halifax,
that part of the Halifax Regional Municipality bounded by a line described as follows: starting at the southern shore of Ash Lake; then northwest along a straight line passing through the northern shore of Frasers Lake to Maple Lake; then northwest along a straight line passing through Camp Hill Lake to where Grant Line Road meets Hammonds Plains Road (Highway 213); then southwest along Hammonds Plains Road (Highway 213) to Stillwater Lake; then north and northeast along Stillwater Lake to the northeast shore of Stillwater Lake; then northwest along a straight line to the most southwest shore of Pockwock Lake; then northeast along the western shore of Pockwock Lake to the Hants County and Halifax County boundary; then east and northeast along the Hants County and Halifax County boundary to the W and H Railway line; then southeast along the W and H Railway line to where it crosses the Beaver Bank Road; then southwest along the Beaver Bank Road and the prolongation of the Beaver Bank Road to the Sackville River; then southeast along the various courses of the Sackville River a distance of approximately 1.15 km; then southwest along a straight line passing approximately 345 m west of Marsh Lake to a point on Hammonds Plains Road approximately 335 m east of the Kearney Lake Road intersection; then southeast along a straight line to a point 140 m north on Bluewater Road from the intersection with Kearney Lake Road; then east along a straight line to Highway 102; then south and southeast along Highway 102 to a point approximately 1.8 km north and northwest of the Kearney Lake Road and Highway 102 interchange: then southwest along a straight line to a point on Kearney Lake Road approximately 1.7 km northwest of the Kearney Lake Road and Highway 102 interchange; then southwest along a straight line passing through Kearney Lake and the northern shore of Charlies Lake to the northern shore of Ash Lake; then south along Ash Lake to the southern shore of Ash Lake;
(af) Hants East, consisting of, in the County of Hants,
the Municipality of the District of East Hants, including Indian Brook Reserve (14);
(ag) Hants West, consisting of, in the County of Hants,
the Town of Hantsport, the Town of Windsor and the Municipality of the District of West Hants, including St. Croix Reserve (34);
the County of Inverness, including Malagawatch Reserve (4), Margaree Reserve (25) and Whycocomagh Reserve (2);
(ai) Kings North, consisting of, in the County of Kings,
(ii) in the Municipality of the County of Kings, Municipal Districts 1, 2 and 3, and
(iii) in the Municipality of the County of Kings, that part of Municipal District 4 lying east of a line described as follows: starting at the point where Canada Creek flows into the Minas Channel; then south along Canada Creek to Black Rock Road; then southeast and south along Black Rock Road to the southern boundary of Municipal District 4;
(ii) in the Municipality of the County of Kings, Municipal Districts 11 and 12,
(iii) in the Municipality of the County of Kings, that part of Municipal District 9 lying east of a line described as follows: starting at the point where the northerly projection of Joudrey Mountain Road (Miller Lane) meets the northern boundary of Municipal District 9, then south along the northerly projection and Joudrey Mountain Road (Miller Lane) to the southern end of Joudrey Mountain Road (Miller Lane) (approximately 200 m north of Waterville Airfield); then southeast in a straight line to the point where a power transmission line crosses Sharpe Brook (approximately 200 m north of Randolph Road); then south along Sharpe Brook to Prospect Road; then southwest in a straight line to the point where Arenburgs Meadows Brook crosses the southern boundary of Municipal District 9,
(iv) in the Municipality of the County of Kings, that part of Municipal District 10 lying east of a line described as follows: starting at the point where Arenburgs Meadows Brook crosses the northern boundary of Municipal District 10; then southeast along Arenburgs Meadows Brook to North River Road; then south in a straight line to the point where the western shore of Four Mile Lake crosses the western boundary of Municipal District 10, and
(ii) in the Municipality of the County of Kings, Municipal Districts 5, 6, 7 and 8,
(iii) in the Municipality of the County of Kings, that part of Municipal District 4 lying west of a line described as follows: starting at the point where Canada Creek flows into the Minas Channel; then south along Canada Creek to Black Rock Road; then southeast and south along Black Rock Road to the southern boundary of Municipal District 4,
(iv) in the Municipality of the County of Kings, that part of Municipal District 9 lying west of a line described as follows: starting at the point where the northerly projection of Joudrey Mountain Road (Miller Lane) meets the northern boundary of Municipal District 9; then south along the northerly projection and Joudrey Mountain Road (Miller Lane) to the southern end of Joudrey Mountain Road (Miller Lane) (approximately 200 m north of Waterville Airfield); then southeast in a straight line to the point where a power transmission line crosses Sharpe Brook (approximately 200 m north of Randolph Road); then south along Sharpe Brook to Prospect Road; then southwest in a straight line to the point were Arenburgs Meadows Brook crosses the southern boundary of Municipal District 9, and
(v) in the Municipality of the County of Kings, that part of Municipal District 10 lying west of a line described as follows: starting at the point where Arenburgs Meadows Brook crosses the northern boundary of Municipal District 10; then southeast along Arenburgs Meadows Brook to North River Road; then south in a straight line to the point where the western shore of Four Mile Lake crosses the western boundary of Municipal District 10;
(ii) in the Municipality of the District of Lunenburg, Municipal Districts 1, 2, 3 and 4, and
(iii) in the Municipality of the District of Lunenburg, that part of Municipal District 5 lying east of a line described as follows: starting at the point where the Canadian National Railway line crosses the northern boundary of Municipal District 5 (approximately 2.25 km west of the LaHave River); then southeast along the Canadian National Railway line to the LaHave River; then southeast along the LaHave River to New Germany Lake; then south along the western shore of New Germany Lake to the West River; then southwest along the West River to Varner Brook; then southeast in a straight line to the point where Manning Brook crosses Lower Branch Road; then southeast in a straight line to the point on Veinot Road 300 m southwest of the intersection of Veinot Road and Osborne Road; then northeast along Veinot Road to the LaHave River; then southeast along the LaHave River to Wentzells Lake; then south along Wentzells Lake to the LaHave River; then southeast along the LaHave River to the southern boundary of Municipal District 5;
(ii) that part of the Municipality of the District of Lunenburg described as follows: starting where Highway 103 meets the Queens County and Lunenburg County boundary; then northwest along the Queens County and Lunenburg County boundary to the Annapolis County and Lunenburg County boundary; then northeast along the Annapolis County and Lunenburg County boundary to where the abandoned Canadian National Railway line crosses the boundary (approximately 2.25 km west of the LaHave River); then southeast along the abandoned Canadian National Railway line to the LaHave River; then southeast along the LaHave River to New Germany Lake; then south along the western shore of New Germany Lake to West River; then southwest along West River to Varner Brook; then southeast in a straight line to the point where Manning Brook crosses Lower Branch LaHave Road; then southeast in a straight line to a point on Veinot Road 300 m southwest of the intersection of Veinot Road and Osborne Road; then northeast along Veinot Road to the LaHave River; then southeast along the LaHave River to Wentzells Lake; then south along Wentzells Lake to the LaHave River; then southeast along the LaHave River to the Bridgewater Town Boundary; then northeast, southeast and southwest along the Bridgewater Town Boundary to the LaHave River; then southeast along the LaHave River to the Atlantic Ocean (including West Ironbound Island); then southwest along the Atlantic Ocean shore to a point west of Cape LaHave Island and Indian Island; then north along a straight line to the northeast boundary of Rissers Beach Provincial Park; then northwest along the northeast boundary of Rissers Beach Provincial Park to the most northwest boundary; then northwest along a straight line to Brown Lake; then northwest along a straight line to Oikle Lake; then southwest along a straight line to Wallace Brook (at Wallace Lake); then west and south along Wallace Lake to Sarty Lake Brook; then northwest along Sarty Lake Brook to the southern shore of Sarty Lake; then southwest along a straight line to the northern shore of Cranberry Lake; then southeast along a straight line to point on Highway 103; then southwest along Highway 103 approximately 6.5 km to the Queens County and Lunenburg County boundary;
the Towns of New Glasgow, Stellarton and Trenton;
(ao) Pictou East, consisting of, in the County of Pictou,
(ii) in the Municipality of the County of Pictou, Municipal Districts 10, 11, 12, 13, 14, 15, 16 and 17,
(iii) in the Municipality of the County of Pictou, that part of Municipal District 1 excluding Pictou Island, and
(iv) Boat Harbour West Reserve (37), Fishers Grant Reserves (24, 24G) and Merigomish Harbour Reserve (31);
(ii) in the Municipality of the County of Pictou, Municipal Districts 2, 3, 4, 5, 6, 7, 8 and 9, and
(iii) in the Municipality of the County of Pictou, that part of Municipal District 1 contained in Pictou Island;
(ii) in the Municipality of the County of Halifax, that part of Municipal District 7 lying north of a line described as follows: starting at the point where Main Street crosses the western boundary of Municipal District 7; then east along Main Street to the point where a power transmission line crosses Main Street (approximately 190 m east of Riley Road); then south and east along the power transmission line to the eastern boundary of Municipal District 7;
the County of Richmond, including Chapel Island Reserve (5);
(at) Sackville-Cobequid, consisting of, in the County of Halifax,
that part of Halifax Regional Municipality bounded by a line described as follows: starting where the Beaver Bank Road meets the Beaver Bank - Windsor Junction Cross Road; then southeast along the Beaver Bank - Windsor Junction Cross Road to Ashlea Drive; then southwest along the prolongation of Ashlea Drive to Second Lake; then southeast and east through Second Lake to a point on the Canadian National Railway line (south of Cottage Lane); then southeast along the Canadian National Railway line to a point approximately 100 m north of the Cobequid Road; then southwest along a line running parallel and excluding both sides of Cobequid Road a distance of approximately 400 m; then southeast along a straight line to the centre line of Cobequid Road; then northeast along the centre line of Cobequid Road a distance of approximately 30 m; then southeast along a straight line a distance of approximately 40 m to a point southeast of Cobequid Road; then northeast along a line running parallel and excluding both sides of Cobequid Road a distance of approximately 235 m to a point west of Lakeview Road; then southeast along a line running parallel to and excluding both sides of Lakeview Road to Highway 102; then southwest along Highway 102 a distance of approximately 3.8 km to the Highway 101 interchange; then northwest along Highway 101 to where the Little Sackville River meets the Sackville River; then northwest along the various courses of the Sackville River to the prolongation of the Beaver Bank Road at the Middle Sackville and Beaver Bank interchange on Highway 101; then northeast along the prolongation of the Beaver Bank Road and the Beaver Bank Road to the Beaver Bank - Windsor Junction Cross Road;
(au) repealed 2002, c. 34, s. 1.
(aw) Timberlea-Prospect, consisting of, in the County of Halifax,
that part of Halifax Regional Municipality bounded by a line described as follows: starting at Shad Bay on the shore of the Atlantic Ocean; then northeast along Shad Bay and a straight line to Upper Pond; then northwest along a straight line to where Highway 3 meets Hammonds Plains Road (Highway 213); then northeast along Hammonds Plains Road (Highway 213) to the Grant Line Road; then southeast along a straight line passing through Camp Hill Lake to Maple Lake; then southeast along a straight line passing through the northern shore of Frasers Lake to the southern shore of Ash Lake; then southeast along Ash Lake Brook (Suzie Lake Brook) to the most eastern shore of Black Duck Ponds; then southeast along a straight line to a point on Highway 103 to a point west of Lakeland Boulevard; then east along a straight line to St. Margaret's Bay Road; then south along a straight line to the western shore of Long Lake; then south along a straight line approximately 1.05 km to Beaver Dam Brook; then south along Beaver Dam Brook a distance of approximately 1.58 km; then south along a straight line to a point approximately 220 m west of Fish Brook Pond; then south along a straight line to Spruce Hill Lake; then south along Spruce Hill Lake to the southern shore of Spruce Hill Lake; then south along a straight line to where it meets the Brook running from Narrow Lake to Sheas Lake; then south along the various courses of Sheas Lake, Run Lake, Moody Lake, The Two Lakes, and Ragged Lake to Grand Lake; then southwest along a straight line to a point north of Power Island on the Atlantic Ocean shore; then west along the Atlantic Ocean shore to Shad Bay;
(ax) Truro-Bible Hill, consisting of, in the County of Colchester,
(ii) in the Municipality of the County of Colchester, Municipal Districts 1, 5 and 13, and
(iii) Millbrook Reserve (27) and Truro Reserves (27A, 27B, 27C);
the Town of Yarmouth and the Municipality of the District of Yarmouth, including Yarmouth Reserve (33).
R.S. (1992 Supp.), c. 1, s. 4; 1997, (2nd Sess.), c. 6, s. 4; 1999, c. 10, ss. 1, 2; 2001, c. 16, s. 1; 2002, c. 34, s. 1; 2004, c. 13, s. 1; 2008, c. 17, s. 1; 2008, c. 18, s. 1.
5 (1) In this Section, "commission" means the independent electoral boundaries commission appointed pursuant to this Section.
(2) The electoral districts described in Section 4 have effect until new electoral districts are approved pursuant to this Section.
(3) No later than the thirty-first day of December, 2012, and, thereafter, within ten years after the last change in electoral districts made pursuant to this Section, and at least once in every ten years from the thirty-first day of December, 2012, an independent electoral boundaries commission shall be appointed and issued terms of reference by a select committee of the House constituted to appoint the members of the commission.
(4) The commission shall prepare, for approval by the House, a report recommending the boundaries and names for the electoral districts comprising the House.
(5) The terms of reference of the commission shall provide that
(a) the commission is broadly representative of the population of the Province;
(b) the commission prepare a preliminary report and hold public hearings prior to preparing the preliminary report; and
(c) following the preparation of the preliminary report the commission hold further public hearings prior to preparing its final report.
(6) The final report of the commission shall be laid before the House, if the House is then sitting, and the Premier, or the Premier's designate, shall table the report in the House on the next sitting day.
(7) If the House is not sitting when the final report of the commission is completed, the final report of the commission shall be filed with the Clerk of the House and the Premier, or the Premier's designate, shall table the final report in the House within ten days after the House next sits.
(8) Within ten sitting days after the final report of the commission is tabled in the House pursuant to subsection (6) or (7), the Government shall introduce legislation to implement the recommendations contained in the final report of the commission. R.S. (1992 Supp.), c. 1, s. 5; 2002, c. 34, s. 2.
5A (1) The Chief Electoral Officer may prepare, for approval by the House, a report recommending changes in the boundaries for the electoral districts comprising the House if, in the opinion of the Chief Electoral Officer, the transfer of electors from one of those electoral districts to another contiguous electoral district would improve the administration of the elections in those electoral districts.
(2) The changes recommended by the report must not alter the number of electors in any electoral district by more than three hundred as reckoned using the most recent voters' lists.
(3) The report of the Chief Electoral Officer shall be laid before the House, if the House is then sitting, and the Premier, or the Premier's designate, shall table the report in the House on the next sitting day.
(4) If the House is not sitting when the report of the Chief Electoral Officer is completed, the report shall be filed with the Clerk of the House and the Premier, or the Premier's designate, shall table the report in the House within ten days after the House next sits.
(5) Within ten sitting days after the report of the Chief Electoral Officer is tabled in the House pursuant to subsection (3) or (4), the Government shall introduce legislation to implement the recommendations contained in the report.
(6) If the changes recommended by the report of the Chief Electoral Officer are approved by the House, they have effect on and after the next dissolution or the next determination by the effluxion of time of the House. 2002, c. 34, s. 3.
6 (1) The House hereby declares its intention to include as an additional member a person who represents the Mi'kmaq people, such member to be chosen and to sit in a manner and upon terms agreed to and approved by representatives of the Mi'kmaq people.
(2) Until the additional member referred to in subsection (1) is included, the Premier, the Leader of the Official Opposition and the leader of a recognized party shall meet at least annually with representatives of the Mi'kmaq people concerning the nature of Mi'kmaq representation in accordance with the wishes of the Mi'kmaq people, and the Premier shall report annually to the House on the status of the consultations. R.S. (1992 Supp.), c. 1, s. 6.
7 (1) In this Section, "municipal boundary" means a boundary of
(c) a municipality of a county;
(d) a municipality of a district;
(e) a village service commission;
(2) The boundaries of an electoral district set out in this Act shall be altered only by amendment to this Act.
(3) Where the description of the boundaries of an electoral district refers to or incorporates a county boundary or a municipal boundary, the county boundary or municipal boundary is the boundary as it existed on the first day of January, 1992. R.S. (1992 Supp.), c. 1, s. 7.
8 (1) The House shall continue for five years from the expiration of forty days next after the issuing of writs for any general election unless sooner dissolved, and no longer.
(2) In each calendar year beginning in 1994, there shall be at least one sitting of the House during the six-month period beginning on the first day of January and one sitting of the House during the four-month period ending the thirty-first day of December.
(3) Nothing in subsection (2) prevents the House from sitting at a time other than the periods set out in subsection (2).
(4) Subsection (2) does not apply during the six months immediately following ordinary polling day of a general election. R.S. (1992 Supp.), c. 1, s. 8; 1993, c. 50.
9 No House shall determine or be dissolved by the demise of the Crown. R.S. (1992 Supp.), c. 1, s. 9.
10 (1) Where a seat in the House becomes vacant, a writ for an election to fill the vacancy shall be issued within six months after the vacancy occurs and such election shall be held within twelve months after the vacancy occurs.
(2) This Section does not apply where a vacancy occurs within twelve months before the expiry of the time limited for the duration of the House by Section 8.
(3) If the House is dissolved after the issue of a writ pursuant to this Section, such writ shall thereupon be deemed to have been superseded and withdrawn. R.S. (1992 Supp.), c. 1, s. 10.
11 A person eligible as a member of the House shall be a British subject by birth or naturalization of not less than eighteen years of age. R.S. (1992 Supp.), c. 1, s. 11; 2002, c. 33, s. 1.
12 A person shall be a member of the House when that person has been declared elected and returned as such by the returning officer. R.S. (1992 Supp.), c. 1, s. 12.
13 Any member of the House may vacate that member's seat by written notice to the Speaker, if the House is in session, or to the Provincial Secretary, if the House is not in session. R.S. (1992 Supp.), c. 1, s. 13.
14 (1) The Speaker may vacate the Speaker's seat by a declaration to that effect in the House, if in session, or by written notice to the Provincial Secretary, if the House is not in session.
(2) The Speaker may resign office as Speaker by a declaration to that effect in the House, if in session, or by written notice to the Provincial Secretary, if the House is not in session.
(3) In case of a vacancy happening in the office of Speaker by death, resignation or otherwise, the House shall, with all practicable speed, proceed to elect another of its members to be Speaker and, until the election of a Speaker as aforesaid, the Deputy Speaker shall perform all the duties and exercise all the authority of Speaker. R.S. (1992 Supp.), c. 1, s. 14.
15 Subject to Section 14, the Speaker shall be considered to have occupied that position from the date of the Speaker's election as a member of the House or from the date the previous Speaker vacated office, whichever last occurs, until the date of the next following general election or a new Speaker is elected, whichever first occurs. R.S. (1992 Supp.), c. 1, s. 15.
16 Unless the Deputy Speaker's seat is vacated or the Deputy Speaker resigns or dies, the Deputy Speaker shall be considered to have occupied that position from the date of the Deputy Speaker's election as a member of the House or from the date the previous Deputy Speaker vacated office, whichever last occurs, until the date of the next following general election or a new Deputy Speaker is elected, whichever first occurs. R.S. (1992 Supp.), c. 1, s. 16.
17 (1) Except as hereinafter specially provided, no person who
(a) is a member of the Senate;
(b) is a member of the House of Commons of Canada;
(c) causes, suffers or permits himself to be nominated as a candidate for the representation of any electoral district in the House of Commons of Canada; or
(d) accepts or holds any office in the service of the Government of Canada, or the Government of Nova Scotia to which any salary or wage of any kind is attached,
shall be eligible as a member of the House unless that person has resigned such office before nomination for election as such member, and given notice of such resignation to the Provincial Secretary, or shall sit or vote in the House during the time that person holds such office.
(2) Clause (d) of subsection (1) does not include the office of a member of the Executive Council or any office that is held by a member of the Executive Council as such a member. R.S. (1992 Supp.), c. 1, s. 17.
18 Except as otherwise provided in this Act, no person holding or enjoying, undertaking or executing, directly or indirectly, alone or with another, personally or by the interposition of a trustee or third person, any contract or agreement with the Government of Nova Scotia or with any minister or department thereof for which any public money of Nova Scotia is to be paid for any service, work, matter or thing, shall be eligible as a member of the House or shall sit or vote therein. R.S. (1992 Supp.), c. 1, s. 18.
19 (1) Except as otherwise provided in this Act, if a member of the House
(a) becomes a member of the Senate;
(b) causes, suffers or permits himself to be nominated as a candidate for the representation of any electoral district in the House of Commons of Canada; or
(c) accepts or holds any office in the service of the Government of Canada, or the Government of Nova Scotia to which any salary or wage of any kind is attached,
that member's seat in the House shall thereupon become vacant.
(2) Clause (c) of subsection (1) does not include the office of a member of the Executive Council or any office that is held by a member of the Executive Council as such a member. R.S. (1992 Supp.), c. 1, s. 19.
20 (1) Unless otherwise disqualified, nothing in Section 17, 18 or 19 shall render any person ineligible or disqualify that person from sitting or voting in the House by reason of that person being
(a) a member of Her Majesty's Army, Navy or Air Force while on active service in wartime or an officer in the militia or a militiaman;
(b) in receipt of a pension or disability allowance for a disability incurred in active service in wartime;
(c) a justice of the peace, notary public, commissioner for administering oaths or coroner;
(d) interested as an executor, administrator or trustee only having otherwise no beneficial interest in any contract or agreement, as aforesaid, or being a person on whom the completion of any contract or agreement, express or implied devolves by descent or limitation or by marriage or as devisee or legatee, until twelve months have elapsed after the same has so devolved upon that person;
(e) a shareholder of an incorporated company having any such contract or agreement, unless such contract or agreement is for the building of a public work for the Province and such work has not been let by tender to the lowest bidder;
(f) a contractor for the loan of money or for securities for money to the Government of Nova Scotia, under the authority of the Legislature after public competition, or respecting the purchase or payment of the bonds, public stock or debentures of Nova Scotia on terms common to all persons;
(g) the proprietor of or otherwise interested in any newspaper in which official advertisements are inserted or that is subscribed for by the Government of Nova Scotia or any minister, department or institution thereof;
(h) a surety or contractor or otherwise liable for the payment of money for or on account of any person in any Government institution;
(i) a surety for a public officer or other person required by law to furnish security to the Crown;
(j) a member of any medical board or commission of any hospital;
(k) in receipt of, or agreeing to receive, compensation in respect of any property taken or purchased by the Crown or any department or commission of the Government of Nova Scotia where the amount of such compensation has been fixed by an award made pursuant to the Expropriation Act or other Act of the Province, or where the judge of the county court for the county in which the property is situated has certified in writing that the amount of compensation is fair and reasonable;
(l) a party to any contract or agreement of a casual nature for the supplying of any service, work, matter or thing where such contract or agreement is not made in the course of continued and successive transactions of like character;
(m) in the temporary or part-time employment or service of the Dominion of Canada or of the Province of Nova Scotia where such employment requires special qualifications or professional skill;
(n) a member of any commission, committee or other body appointed under the authority of any Act of the Legislature and declared by such Act to be entitled to remuneration or allowance while a member of the Assembly;
(o) a person holding a permanent, interim or temporary certificate or a permit as a teacher pursuant to the Education Act, including a principal, vice-principal or department head, and employed in the public service of the Province in a vocational school or community college.
(2) Sections 35, 36 and 38 to 40 of the Civil Service Act do not apply to a person referred to in clause (o) of subsection (1).
21 No person who is disqualified by the judgment of a court of competent jurisdiction from being elected to or sitting in the House of Commons of Canada, by reason of any violation of any Act of the Parliament of Canada relating to elections or to the trial of controverted elections of members of the House of Commons of Canada, shall be eligible for election as a member of the House so long as such disqualification continues. R.S. (1992 Supp.), c. 1, s. 21.
22 (1) A person who stands convicted of an indictable offence that is punishable by imprisonment for a maximum of more than five years is not eligible to be
(a) nominated as a candidate for election as a member of the House; or
(b) elected as a member of the House,
for a period of five years from the date of conviction and, if the sentence imposed for the offence or substituted by a competent authority has not been fully served at the end of that period, for the further time remaining to be served in that sentence.
(2) Where a conviction is set aside by a competent authority, any disability imposed by this Section is removed. R.S. (1992 Supp.), c. 1, s. 22.
23 Where a person who is a member of the House is convicted of an indictable offence that is punishable by imprisonment for a maximum of more that five years, that member forthwith ceases to be a member, and the seat of that member is and is deemed to be vacant until an election is held in that electoral district according to law. R.S. (1992 Supp.), c. 1, s. 23.
24 (1) No member of the House, and no barrister or solicitor who in the practice of the profession of law is a partner of any member of the House, shall accept or receive, either directly or indirectly, any fee, compensation or reward for or in respect of the promoting of any bill, resolution, matter or thing submitted or intended to be submitted to the consideration of the House, or any committee.
(2) Any person violating this Section shall be liable to a penalty of three hundred dollars, in addition to the amount or value of the fee, compensation or reward accepted or received by that person.
(3) Such penalty and such amount or value may be recovered in the Trial Division of the Supreme Court by any person who sues for the same.
(4) One half of the amount recovered shall belong to the Crown and one half to the person who sues, unless that person was a party to or implicated in the violation of this Act in respect of which the action was brought, or was a witness at the trial of the action in which cases the whole shall belong to the Crown. R.S. (1992 Supp.), c. 1, s. 24.
25 (1) No person declared by this Act or by any other law ineligible as a member of the House shall sit or vote in the House while under such disability.
(2) If any such person sits or votes in the House, that person shall forfeit the sum of one thousand dollars for every day that that person sits or votes, and such sum may be recovered by an action against that person in the Trial Division of the Supreme Court at the suit of any person. R.S. (1992 Supp.), c. 1, s. 25.
26 (1) In all matters and cases not specially provided for by an enactment of this Province, the House and the committees and members thereof respectively shall hold, enjoy and exercise such and the like privileges, immunities and powers as are from time to time held, enjoyed and exercised by the House of Commons of Canada, and by the committees and members thereof respectively.
(2) Such privileges, immunities and powers shall be part of the general and public law of the Province, and it shall not be necessary to plead the same, but the same shall in all courts of justice in this Province, and by and before all justices, be taken notice of judicially. R.S. (1992 Supp.), c. 1, s. 26.
27 No member of the House shall be liable to any civil action or to prosecution, arrest, imprisonment or damages by reason of any matter or thing brought by the member by petition, bill, resolution, motion or otherwise, or said by the member, before the House. R.S. (1992 Supp.), c. 1, s. 27.
28 Except for any violation of this Act, no member of the House shall be liable to arrest, detention or molestation for any debt or cause whatever of a civil nature, during any session of the Legislature, or during the fifteen days preceding or the fifteen days following such session. R.S. (1992 Supp.), c. 1, s. 28.
29 During the periods mentioned in Section 28, all officers and servants of the House, or any committee, shall be exempt from serving or attending as jurors before any court of justice. R.S. (1992 Supp.), c. 1, s. 29.
30 (1) The House may at all times command and compel the attendance before the House, or before any committee, of such persons and the production of such papers and things as the House or committee deems necessary for any of its proceedings or deliberations.
(2) Whenever the House requires the attendance of any person before the House or before any committee, the Speaker may issue a warrant, directed to the person named in the order of the House, requiring the attendance of such person before the House or committee, and the production of such papers and things as are ordered. R.S. (1992 Supp.), c. 1, s. 30.
31 (1) No person shall be liable to damages or otherwise for any act done under the authority and within the legal power of the House, or under or by virtue of any warrant issued under such authority.
(2) All persons to whom such warrants are directed may command the aid and assistance of all sheriffs, bailiffs, constables and others, and every refusal or failure to give such aid or assistance when required shall be a violation of this Act.
(3) No action shall be brought against the Speaker or any officer of the House, or any person assisting the Speaker or such officer, for any act or thing done by authority of the House. R.S. (1992 Supp.), c. 1, s. 31.
32 (1) The House may establish rules for its government and the attendance and conduct of its members, and alter, amend and repeal the same, and may punish members for disorderly conduct or breach of the rules of the House.
(2) The rules and orders of the House existing on the fourth day of April, 1876, continue in force until altered, amended or repealed.
(3) All rules of the House not inconsistent with this Act have the force and effect of law until altered, amended or repealed. R.S. (1992 Supp.), c. 1, s. 32.
33 (1) The House is a court of record, and has all the rights and privileges of a court of record for the purpose of summarily inquiring into and punishing the acts, matters and things herein declared to be violations of this Act.
(2) For the purposes of this Act, the House is hereby declared to possess all such powers and jurisdiction as is necessary for inquiring into, judging and pronouncing upon the commission or doing of any such acts, matters or things, and awarding and carrying into execution the punishment therefor provided by this Act.
(3) Every warrant of commitment under this Section shall succinctly and clearly state and set forth on its face the nature of the offence in respect of which it is issued.
(4) The House has power to make such rules as are deemed necessary or proper for its procedure as such court as aforesaid. R.S. (1992 Supp.), c. 1, s. 33.
33A (1) A committee of the House may at all times command and compel the attendance before the committee of such persons and the production of such papers and things as the committee deems necessary for any of its proceedings or deliberations.
(2) Whenever a committee of the House requires the attendance of any person before the committee, the chair of the committee may issue a warrant, directed to the person named in the order of the committee, requiring the attendance of such person before the committee, and the production of such papers and things as are ordered. 2004, c. 36, s. 1.
34 Any committee may require that facts, matters and things relating to the subject of inquiry before such committee be verified, or otherwise ascertained by the oral examination of witnesses, and may examine such witnesses, upon oath, and for that purpose the chair or any member of such committee may administer an oath in the form following or to the like effect, to any such witness:
The evidence you shall give to the committee, touching (stating here the matter then before the committee), shall be the truth, the whole truth, and nothing but the truth. So help you God.
35 Where witnesses are not required to be orally examined before such committee, any oath, affirmation, declaration or affidavit in writing, that is required to be made or taken by or according to any rule or order of the House, or by direction of any such committee, and in respect of any matter or thing pending or proceeding before such committee, may be made and taken before any clerk of the House, any commissioner for taking affidavits in the Supreme Court or any notary public. R.S. (1992 Supp.), c. 1, s. 35.
36 (1) The House may declare that a committee is not dissolved by prorogation of the House and may authorize it to continue its inquiries after the House is prorogued.
(2) The committee has and may exercise the same powers after the House is prorogued as it had or could have exercised before the House prorogued.
(3) The House at the next session shall appoint a new committee consisting of the same or other members to inquire into the same matter as the committee that was authorized to continue its inquiries pursuant to subsection (1) and the last mentioned committee is thereupon dissolved and shall deliver to the new committee all material considered, evidence taken by it and its findings thereon, if any.
(4) The new committee may consider all material, evidence and findings delivered to it pursuant to subsection (3) and may continue to inquire into the matter. R.S. (1992 Supp.), c. 1, s. 36.
37 The following acts, matters and things are prohibited and shall be deemed violations of this Act:
(a) insults to or assaults or libels upon members of the House during the session of the Legislature;
(b) obstructing, threatening or attempting to force or intimidate members of the House;
(c) the refusal or failure of any member or officer of the House, or other person, to obey any rule, order or resolution of the House;
(d) the offering to or acceptance by any member of the House of a bribe to influence the member in the member's proceedings as such member, or the offering to or acceptance by any such member of any fee, compensation or reward for or in respect of the promotion of any bill, resolution, matter or thing submitted to or intended to be submitted to the House or any committee;
(e) assaults upon or interference with officers of the House while in the execution of their duty;
(f) tampering with any witness in regard to evidence to be given by the witness before the House or any committee;
(g) giving false witness or prevaricating, or otherwise misbehaving in giving or refusing to give evidence or to produce papers before the House or any committee;
(h) disobedience to a warrant issued under the authority of this Act requiring the attendance of witnesses before the House or any committee;
(i) presenting to the House or to any committee any forged or falsified document, with intent to deceive the House or committee;
(j) forging, falsifying or unlawfully altering any of the records of the House or of any committee, or any document or petition presented or filed, or intended to be presented or filed, before the House or committee, or the setting or subscribing by any person of the name of any other person to any such document or petition with intent to deceive;
(k) the bringing of any civil action or prosecution against, or the causing or effecting of any arrest or imprisonment of any member of the House in any civil proceeding for or by reason of any matter or thing brought by the member by petition, bill, resolution, motion or otherwise, or said by the member before the House;
(l) the causing or effecting the arrest, detention or molestation of a member of the House for any debt or cause whatever of a civil nature, during a session of the Legislature, or during the fifteen days preceding or the fifteen days following such session;
(m) the bringing of any civil action against the Sergeant-at-Arms, the Chief Messenger, official or servant of the House for removing on the direction of the Speaker of the House, chair of a committee of the House, or any member of the House, any person from the House lobbies, corridors, or halls of the building who is creating a disturbance, using violent or insulting language or otherwise disturbing the peace within the said House, committee rooms, corridors or lobbies thereof. R.S. (1992 Supp.), c. 1, s. 37.
38 (1) Every person who is guilty of a violation of this Act shall be liable, in addition to any other penalty or punishment to which that person is by law liable, to imprisonment for such time during the session of the Legislature then being held as is determined by the House.
(2) The determination of the House, upon any proceeding pursuant to this Act, is final and conclusive. R.S. (1992 Supp.), c. 1, s. 38.
39 (1) Each member of the House shall be paid out of the Consolidated Fund of the Province an annual indemnity and allowance for expenses in the amounts determined pursuant to Section 45.
(2) Notwithstanding subsection (1), no member of the House is entitled to receive a total indemnity and allowance for expenses exceeding the amount referred to in subsection (1) in any calendar year regardless of the number of sittings or sessions of the House or the number of Houses constituted in that calendar year.
(3) Notwithstanding subsection (1), if during a calendar year a person becomes a member or ceases to be a member, then the maximum indemnity and allowance for expenses to which that member is entitled in the calendar year is the total amount of the indemnity and allowance for expenses referred to in subsection (1) divided by twelve and multiplied by the number of months in the calendar year that the member is a member.
(4) For the purpose of this Section,
(a) a member is and is deemed to be a member from the ordinary polling day on which the member is elected;
(b) a member is and is deemed to continue to be a member until
(iii) when the House of which the member is a member is dissolved, the day preceding the polling day fixed in the writ issued immediately following the dissolution,
(c) a person who is a member for any part of a month is and is deemed to be a member for the whole of that month.
(5) Each outside member, except a member of the Executive Council holding the recognized position of Premier or a member of the Executive Council having charge of a department or departments or a member occupying the recognized position of Leader of the Opposition or a member occupying the recognized position of leader of a recognized party, shall be paid out of the Consolidated Fund of the Province an amount to reimburse the member for reasonable travelling expenses incurred for fifty-two trips each year between the City of Halifax and the member's constituency and for reasonable expenses incurred for accommodation and other reasonable expenses incurred as a result of being in the City of Halifax as a member, as determined by the Legislature Internal Economy Board. R.S. (1992 Supp.), c. 1, s. 39.
(a) is a member of the House immediately before the House is dissolved or is ended by the passage of time and does not become a member of the next following House;
(b) is a member of the House and resigns as a member of the House; or
(ba) is a member of the House and dies,
shall be paid a transition allowance equal to the product of
(c) one twelfth of the person's number of months of service as a member of the House; and
(d) one twelfth of the annual indemnity and allowance for a member at the rate in force immediately before the person ceased to be a member,
but in any case not less than twenty-five per cent nor greater than one hundred per cent of the annual indemnity and allowance referred to in clause (e)[(d)].
(1A) Where a person who is a member of the House of Assembly dies, the transitional allowance shall be paid to the person's estate.
(2) The transition allowance referred to in subsection (1) shall be paid in twelve equal instalments commencing thirty days after the person ceases to be a member.
(3) Notwithstanding the provisions of the Members' Retiring Allowances Act, no Retiring Allowance shall be paid pursuant to that Act to or on behalf of a member until the Transition Allowance paid or to be paid in accordance with subsection (2) has been exhausted or unless the Transition Allowance or the balance remaining thereof is waived.
(4) Notwithstanding subsection (2), the transition allowance may be paid to a member in a lump sum payment within thirty days after ceasing to be a member, if the member so chooses.
(5) Subsection (3) does not apply to a member who ceases to be a member and who prior to ceasing to be a member, is in receipt of a retiring allowance.
(6) Where a member had been previously a member of the House and had received a severance allowance or a transition allowance upon ceasing to be a member, and subsequently is re-elected as a member of a House then the transition allowance shall be calculated by using as a calculator the total number of years the member served in the House in the formula of the transition allowance that is in force at the time that member last ceases to be a member and deducting from the dollar amount so determined the dollar amount that the member previously received as a severance allowance or a transition allowance. Recommendation of Nova Scotia Commission of Inquiry on Remuneration of Elected Provincial Officials for 1999; recommendation of Nova Scotia Commission of Inquiry on Remuneration of Elected Provincial Officials for 2000; 2001, c. 47, s. 1; 2011, c. 39, s. 20.
NOTE - The report dated November 30, 1998, made by the Nova Scotia Commission of Inquiry on Remuneration of Elected Provincial Officials has, pursuant to Section 45 of the House of Assembly Act, the same force and effect as if enacted by the Legislature and is in substitution for the provisions of the House of Assembly Act. In a letter dated December 3, 1998, which was supplementary to the report, it was recommended that the recommendation in the report should be read to permit any member to receive the transition allowance in a lump sum payment within thirty days after ceasing to be a member, if the member so chooses.
40A (1) A person who, pursuant to clause (a) or (b) of subsection (1) of Section 40, is entitled to receive a transition allowance may apply to the Speaker for approval to obtain retirement counselling, career counselling or career retraining services.
(a) the Speaker is satisfied that the person is able to obtain the counselling or retraining services within twelve months of the commencement of the payment of the person's transition allowance;
(b) the counselling or retraining services are provided by a service provider approved by the Speaker;
(c) the services are obtained within twelve months of the commencement of the payment of the person's transition allowance; and
(d) the Speaker is satisfied with the services provided,
the Speaker shall authorize payment for the counselling or retraining services to a maximum of seven thousand five hundred dollars. 2011, c. 39, s. 21.
42 (1) In addition to the amounts payable pursuant to Section 39, there shall be paid out of the Consolidated Fund of the Province an annual salary, in the amount determined pursuant to Section 45, to
(2) The Speaker and the Deputy Speaker shall be paid from the Consolidated Fund of the Province such sums of money as are necessary to indemnify them for reasonable expenses of travel, accommodation or otherwise incurred while absent from their ordinary place of residence in connection with the business of the House, or as a representative of the House or of the Province, whether the House is in session or not.
(3) In addition to the amounts payable pursuant to Section 39, there shall be paid out of the Consolidated Fund of the Province to the member occupying the recognized position of Leader of the Opposition an annual salary, in the amount determined pursuant to Section 45, payable in monthly instalments, and the salary shall commence as of the month in which the member commences to hold the position and shall be discontinued as of the last day of the month in which the member ceases to hold the position.
(4) In addition to the amounts payable pursuant to Section 39, there shall be paid out of the Consolidated Fund of the Province to the member occupying the recognized position of leader of a recognized party other than the Premier and the Leader of the Opposition, an annual salary, in the amount determined pursuant to Section 45, payable in monthly instalments, and the salary shall commence as of the month in which the member commences to hold the position and shall be discontinued as of the last day of the month in which the member ceases to hold the position.
(5) Every leader of a party, except the Premier, who is an outside member as defined by this Act shall be paid out of the Consolidated Fund of the Province in addition to the amounts to which the leader is entitled pursuant to this Act an amount to reimburse the leader for travelling expenses for fifty-two trips each year between the City of Halifax and the leader's constituency and for actual expenses for accommodation and other reasonable expenses incurred as a result of being in the City of Halifax while the House is in session and such other expenses as are authorized by regulation of the House of Assembly Management Commission for an assistant travelling with the leader. R.S. (1992 Supp.), c. 1, s. 42; 2010, c. 5, s. 31.
43 (1) The Leader of the Opposition shall be provided with office facilities consisting of a private office for the Leader, a private office for a senior assistant or senior secretary, a private office for a director of research and a research assistant, a reception area for the Leader's secretary and a working area for a secretary for the director of research and the research assistant and necessary equipment for the office and the cost of the office facilities and the necessary equipment shall be paid out of the Consolidated Fund of the Province.
(2) The salaries, as determined pursuant to subsection (5), of
(d) a senior assistant or senior secretary,
employed by the Leader of the Opposition shall be paid out of the Consolidated Fund of the Province.
(3) The leader of a recognized party, other than the Premier and the Leader of the Opposition, shall be provided with the office facilities consisting of a private office for the leader, a senior assistant or senior secretary, and a private office for the leader's research assistant and a reception area for the leader's secretary and necessary equipment for the office and the cost of the office facilities and the necessary equipment shall be paid out of the Consolidated Fund of the Province.
(4) The salaries, as determined pursuant to subsection (5), of
(c) a senior assistant or senior secretary,
employed by the leader of a recognized party pursuant to subsection (3) shall be paid out of the Consolidated Fund of the Province.
(5) The Civil Service Commission from time to time shall fix and determine schedules of compensation for the senior assistant or senior secretary, for the director of research, the secretaries and the research assistants in the same manner as it fixes and determines schedules of compensation for civil servants, provided that the initial salary of the research assistants shall not exceed fifteen thousand dollars per annum.
(6) The senior assistant or senior secretary, director of research, the secretaries and the research assistants are deemed to be employees of the Province for the purposes of the Public Service Superannuation Act, vacation and sick leave pursuant to the Civil Service Act, group life insurance and other forms of insurance or benefits to which civil servants are entitled from time to time.
(7) The Leader of the Opposition and the leader of a recognized party, other than the Premier, shall be paid from the Consolidated Fund of the Province such sum as is determined by the House of Assembly Management Commission to indemnify them for reasonable expenses incurred for travelling or otherwise in the discharge of their official duties. R.S. (1992 Supp.), c. 1, s. 43; 2010, c. 5, s. 32.
44 (1) repealed, 2010 c. 5, s. 33.
(2) The House may by resolution adopt regulations fixing penalties for non-attendance of members and any monetary penalty so fixed and assessed is a charge against any money that the member is entitled to under this Act.
(3) Notwithstanding Sections 48, 50 and 53, the House of Assembly Management Commission may determine the salary of the Chief Clerk, the Assistant Clerk and the Sergeant-at-Arms after review by that Commission. R.S. (1992 Supp.), c. 1, s. 44; 2010, c. 5, s. 33.
45 (1) The Speaker, after appropriate consultation, shall on or before the first day of October in each year appoint persons to make an inquiry and a report respecting the indemnities, allowances and salaries to be paid pursuant to this Act, the Executive Council Act and the Members' Retiring Allowances Act.
(2) The persons appointed pursuant to subsection (1) have all the powers and privileges and immunities of a commissioner pursuant to the Public Inquiries Act and shall complete their inquiry and deliver their report containing recommendations to the Speaker on or before the first day of December in the year in which they are appointed.
(3) The Speaker, upon receipt of the report containing the recommendations of the persons appointed pursuant to subsection (1), shall cause the recommendations to be implemented and they have the same force and effect as if enacted by the Legislature and are in substitution for provisions of this Act, the Executive Council Act and the Members' Retiring Allowances Act, as the case may be.
(4) The recommendations apply, from the first day of January immediately following the year in which the persons are appointed to make the report, until subsequently changed.
(5) Notwithstanding subsections (1) to (4),
(a) the Speaker shall not, in the year 2001, appoint persons pursuant to subsection (1); and
(b) for the year 2002, the annual indemnity and allowance for expenses to be paid pursuant to this Act and the salaries to be paid pursuant to this Act and the Executive Council Act shall be those amounts paid pursuant to this Act and the Executive Council Act for the year 2001 plus the average percentage increase in salary paid for the year 2001 to members of the Civil Service in the Management Compensation Pay plan.
(6) Notwithstanding subsections (1) to (4),
(a) the Speaker shall not, in the year 2002, appoint persons pursuant to subsection (1); and
(b) for the year 2003, the annual indemnity and allowance for expenses to be paid pursuant to this Act and the salaries to be paid pursuant to this Act and the Executive Council Act shall be those amounts paid pursuant to this Act and the Executive Council Act for the year 2002 plus the average percentage increase in salary paid for the year 2002 to members of the Civil Service in the Management Compensation Pay plan.
(7) Notwithstanding subsections (1) to (4), the Speaker shall not cause to be implemented the recommendations made pursuant to this Section to increase the annual indemnity to be paid pursuant to this Act, to abolish the allowance for expenses paid pursuant to this Act and to increase the salaries to be paid pursuant to this Act and the Executive Council Act effective, but for this clause, the first day of the month in which the general election is held next after January 1, 2004, and such recommendations are of no effect for any purpose.
(8) For greater certainty, nothing in subsection (7) affects the increase in the annual indemnity to be paid pursuant to this Act and the salaries to be paid pursuant to this Act and the Executive Council Act effective January 1, 2004, by virtue of the recommendations made pursuant to this Section.
(9) Notwithstanding subsections (1) to (4),
(a) the Speaker shall not, in the year 2004, appoint persons pursuant to subsection (1); and
(b) for the year 2005, the annual indemnity and allowance for expenses to be paid pursuant to this Act and the salaries to be paid pursuant to this Act and the Executive Council Act shall be those amounts paid pursuant to this Act and the Executive Council Act for the year 2004 plus the weighted average percentage increase in salary paid for the fiscal year 2003-04 to all civil servants.
(10) Notwithstanding subsections (1) to (4),
(a) the Speaker shall not, in the year 2005, appoint persons pursuant to subsection (1);
(b) for the year 2006, the annual indemnity and allowance for expenses to be paid pursuant to this Act and the salaries to be paid pursuant to this Act and the Executive Council Act shall, subject to clause (c), be 102.9% of those amounts paid pursuant to this Act and the Executive Council Act for the year 2005 plus the percentage of those amounts for 2005 that the percentage increase in salary provided to civil servants for the fiscal year 2004-05 exceeds 2.9%; and
(c) for the year 2006 and subsequent years, no allowance for expenses pursuant to subsection (1) of Section 39 shall be paid and, in lieu of that allowance, the annual indemnity determined pursuant to clause (b) shall be increased by the amount that, after the deduction of income tax, would equal the allowance for expenses determined pursuant to clause (b) if the only income of the members of the House were the annual indemnity and the amount in lieu of the allowance.
(11) Notwithstanding subsection (1),
(a) no persons shall be appointed pursuant to subsection (1) after the coming into force of Section 45A; and
(b) subsections (2) to (4) do not apply after the coming into force of Section 45A to persons appointed pursuant to subsection (1) in the year 2006. R.S. (1992 Supp.), c. 1, s. 45; 2001, c. 47, s. 2; 2002, c. 34, s. 4; 2004, c. 3, s. 24; 2004, c. 37, s. 1; 2005, c. 51, s. 1; 2006, c. 9, s. 1.
45A (1) Within sixty days after ordinary polling day in each general election, the Speaker shall appoint three persons to make an inquiry and a report respecting the annual indemnity to be paid to members of the House pursuant to this Act, the salaries to be paid to the Speaker, the Deputy Speaker, the Leader of the Opposition and the leader of any other recognized opposition party pursuant to this Act and the salaries to be paid to members of the Executive Council pursuant to the Executive Council Act.
(2) Where no Speaker is elected by the House within sixty days after ordinary polling day, the Chief Clerk shall appoint the three persons to make the inquiry and report.
(3) Persons appointed by the Speaker pursuant to subsection (1) of Section 45 in the year 2006 before the coming into force of this Section are deemed to have been appointed pursuant to subsection (1) of this Section.
(4) The persons appointed pursuant to subsection (1) or (2) have all the powers, privileges and immunities of a commissioner pursuant to the Public Inquiries Act and shall complete their inquiry and deliver their report containing recommendations to the Speaker or, where no Speaker has been elected, the Chief Clerk within ninety days after ordinary polling day.
(5) The Speaker or Chief Clerk, as the case may be, upon receipt of the report containing the recommendations of the persons appointed pursuant to subsection (1) or (2), shall cause their recommendations respecting the annual indemnity to be paid to members of the House pursuant to this Act, the salaries to be paid to the Speaker, the Deputy Speaker, the Leader of the Opposition and the leader of any other recognized opposition party pursuant to this Act and the salaries to be paid to members of the Executive Council pursuant to the Executive Council Act to be implemented and those recommendations have the same force and effect as if enacted by the Legislature and are in substitution for provisions of this Act and the Executive Council Act, as the case may be.
(6) The recommendations are effective the first day of the month immediately following the month in which ordinary polling day occurred.
(7) In each subsequent year on January 1st, the annual indemnity and salaries shall be increased by the percentage increase in salary provided to civil servants for the current fiscal year.
(8) Notwithstanding anything contained in this Section,
(a) there shall be no increase paid in accordance with this Section until January 1, 2012; and
(b) there shall be no inquiry and report undertaken pursuant to subsection (1) following the general election held in 2009 until after the general election next following that election. 2006, c. 9, s. 2; 2007, c. 40, s. 1; 2009, c. 5, ss. 9, 10; 2011, c. 9, s. 23.
46 The Governor in Council may appoint a suitable person to be Chief Clerk of the House, who shall perform all the duties performed by the Chief Clerk of the House prior to the seventeenth day of April, 1937, in addition to the further duties prescribed after that date. R.S. (1992 Supp.), c. 1, s. 46.
47 (1) The Chief Clerk has the care and custody of all bills, journals, records, parchments and documents of every kind relating to or connected with the House.
(2) The Chief Clerk shall on the first day of the opening of a new Assembly for the despatch of business attend the House until a Speaker has been elected, and shall, previous to the meeting of the House, attend and swear in the members elect. R.S. (1992 Supp.), c. 1, s. 47.
48 The Chief Clerk shall be paid a salary of thirty thousand dollars a year, and holds office during good behaviour. R.S. (1992 Supp.), c. 1, s. 48.
49 The Governor in Council may appoint a suitable person to be Assistant Clerk of the House, who shall perform all the duties performed by the Assistant Clerk of the House prior to the seventeenth day of April, 1937, and all such other duties as are from time to time prescribed by the Governor in Council. R.S. (1992 Supp.), c. 1, s. 49.
50 The Assistant Clerk shall be paid a salary of twenty-five thousand dollars a year and holds office during good behaviour. R.S. (1992 Supp.), c. 1, s. 50.
51 The Assistant Clerk shall, in the absence of the Chief Clerk, perform all the duties and exercise all the authority of the Chief Clerk. R.S. (1992 Supp.), c. 1, s. 51.
52 (1) The Governor in Council may appoint a person to be Legislative Counsel who shall perform all the duties performed by the Law Clerk prior to the fifth day of April, 1941, and in addition the Legislative Counsel shall
(a) prepare such legislation as may be from time to time entrusted to the Legislative Counsel;
(b) prepare such consolidation and revision of, and other matters relating to, the statutes or any statute as is from time to time directed by the Attorney General or the Governor in Council;
(c) perform such other duties as are from time to time prescribed by the Attorney General or the Governor in Council.
(2) The Legislative Counsel shall be paid such salary as the Governor in Council from time to time determines and holds office during good behaviour. R.S. (1992 Supp.), c. 1, s. 52.
53 The Sergeant-at-Arms of the House shall be paid a salary of sixteen thousand dollars a year. R.S. (1992 Supp.), c. 1, s. 53.
54 There shall be paid out of the Consolidated Fund of the Province to the officers and staff of the House such sums of money as are authorized from time to time by the Speaker or other member of the House of Assembly Management Commission to indemnify them for reasonable expenses of travel, accommodation or otherwise incurred while absent from their ordinary place of residence in connection with the business of the House, or as a representative of the House or of the Province, whether the House is in session or not. R.S. (1992 Supp.), c. 1, s. 54; 2010, c. 5, s. 34.
55 Upon any inquiry touching the privileges, immunities or powers of the House, or of any committee or member thereof, any copy of the journals of the House printed or purporting to be printed by the order of the House, shall be admitted as prima facie evidence of such journals by all courts, justices and others, without further proof that such copy was so printed. R.S. (1992 Supp.), c. 1, s. 55.
56 In any civil proceeding against any person for or on account or in respect of the publication of any copy of any report, paper, vote or proceedings of the House, the defendant at any stage of the proceedings may lay before the court or judge such report, paper, vote or proceedings, and such copy, with an affidavit verifying such report, paper, vote or proceedings, and the correctness of such copy, and the court or judge shall immediately stay such civil proceeding, and the same, and every originating notice or process issued therein, shall be finally put an end to, determined and superseded. R.S. (1992 Supp.), c. 1, s. 56.
57 It is lawful in any civil proceeding against any person for printing any extract from or abstract of any such report, paper, vote or proceedings, to give in evidence such report, paper, vote or proceedings, and to show that such extract or abstract was published bona fide, and without malice, and if in the opinion of the court, or if in the opinion of the jury, if there is a jury, such publication was bona fide and without malice, judgment shall be rendered or a verdict shall be entered for the defendant. R.S. (1992 Supp.), c. 1, s. 57.
58 A copy of the journals of the House, printed or purporting to be printed by order of the House, shall be admitted as prima facie evidence of such journals by all courts and justices without further proof that such copies were so printed. R.S. (1992 Supp.), c. 1, s. 58.
59 This Act has effect on, from and after, but not before, the dissolution or the determination by the effluxion of time of the fifty-fifth General Assembly and has effect from that day notwithstanding any provision in the Elections Act to the contrary. R.S. (1992 Supp.), c. 1, s. 59.
60 repealed 2011, c. 5, s. 368.
