BILL NO. 10
(as introduced)
2nd Session, 62nd General Assembly
Nova Scotia
63 Elizabeth II, 2014
An Act Respecting the Appointment
of Statutory Officers at Service Nova Scotia
The Honourable Mark Furey
Minister of Service Nova Scotia
First Reading: October 1, 2014
Second Reading: October 6, 2014
Third Reading: October 30, 2014 (LINK TO BILL AS PASSED)
Explanatory Notes
Clause 1 amends the Cemetery and Funeral Services Act to
(a) provide for the Registrar of Cemetery and Funeral Services to be appointed pursuant to that Act rather than the Consumer Services Act;
(b) authorize the appointment of a person to act on behalf of the Registrar, if necessary;
(c) authorize the appointment of one or more deputy registrars; and
(d) provide that the persons appointed or authorized to act pursuant to the Section enacted by this Clause are to be employed under and are subject to the Civil Service Act.
Clause 2 amends the Collection Agencies Act to
(a) provide for the Registrar for the purpose of the Act to be appointed pursuant to that Act rather than the Consumer Services Act;
(b) authorize the appointment of a person to act on behalf of the Registrar, if necessary;
(c) authorize the appointment of one or more deputy registrars; and
(d) provide that the persons appointed or authorized to act pursuant to the Section enacted by this Clause are to be employed under and are subject to the Civil Service Act.
Clause 3 amends the Consumer Protection Act to(a) provide for the Registrar of Credit to be appointed pursuant to that Act rather than the Consumer Services Act;
(b) authorize the appointment of a person to act on behalf of the Registrar, if necessary;
(c) authorize the appointment of one or more deputy registrars; and
(d) provide that the persons appointed or authorized to act pursuant to the Section enacted by this Clause are to be employed under and are subject to the Civil Service Act.
Clauses 4 and 5 amend the Consumer Reporting Act to
(a) change the Director for the purpose of the Act to the Director of Consumer Reporting Agencies;
(b) provide for the Director to be appointed pursuant to that Act rather than the Consumer Services Act;
(c) authorize the appointment of a person to act on behalf of the Director, if necessary;
(d) authorize the appointment of one or more deputy directors; and
(e) provide that the persons appointed or authorized to act pursuant to the Section enacted by this Clause are to be employed under and are subject to the Civil Service Act.
Clause 6 repeals a provision in the Consumer Services Act that provides for the administration of some of the Acts being amended by this Bill because it becomes redundant due to the amendments in this Bill.
Clause 7 amends the Direct Sellers' Regulation Act to (a) revise the wording of the Section authorizing the appointment of the Registrar for the purpose of the Act to be similar to the wording used in similar Acts;(b) authorize the appointment of a person other than the Registrar of Credit to act on behalf of the Registrar, if necessary;
(c) authorize the appointment of one or more deputy registrars; and
(d) provide that the persons appointed or authorized to act pursuant to the Section enacted by this Clause are to be employed under and are subject to the Civil Service Act.
Clause 8 amends the Embalmers and Funeral Directors Act to
(a) provide for the Registrar of Embalmers and Funeral Directors to be appointed pursuant to that Act rather than the Consumer Services Act;
(b) authorize the appointment of a person to act on behalf of the Registrar, if necessary;
(c) authorize the appointment of one or more deputy registrars; and
(d) provide that the persons appointed or authorized to act pursuant to the Section enacted by this Clause are subject to the Civil Service Act.
Clauses 9 and 10 amend the Mortgage Brokers' and Lenders' Registration Act to
(a) provide for the Registrar of Mortgage Brokers to be appointed under that Act rather than the Consumer Services Act;
(b) authorize the appointment of a person to act on behalf of the Registrar, if necessary;
(c) authorize the appointment of one or more deputy registrars;
(d) provide that the persons appointed or authorized to act under the Section enacted by this Clause are to be employed under and are subject to the Civil Service Act; and
(e) repeal a provision that refers to the Registrar's functions being set by the Governor in Council or the regulations, as this is dealt with in one of the new provisions being added to the Act.
Clause 11 provides that the Bill is effective on January 15, 2015.
An Act Respecting the Appointment
of Statutory Officers at Service Nova Scotia
Be it enacted by the Governor and Assembly as follows:
1 Section 5 of Chapter 62 of the Revised Statutes, 1989, the Cemetery and Funeral Services Act, is repealed, and the following Section substituted:(2) The Minister may, in the absence or incapacity of the Registrar or when the office of the Registrar is vacant, authorize another person to act in the Registrar's stead.
(3) The Minister may appoint one or more deputy registrars as required to assist the Registrar in the performance of the Registrar's duties.
(4) A deputy registrar may perform any of the duties and exercise any of the powers of the Registrar as directed by the Registrar.
(5) A person appointed or authorized to act pursuant to this Section must be employed pursuant to the Civil Service Act and that Act applies to that person.
2 Section 4 of Chapter 77 of the Revised Statutes, 1989, the Collection Agencies Act, is repealed and the following Section substituted:
(2) The Minister may, in the absence or incapacity of the Registrar or when the office of the Registrar is vacant, authorize another person to act in the Registrar's stead.
(3) The Minister may appoint one or more deputy registrars as required to assist the Registrar in the performance of the Registrar's duties.
(4) A deputy registrar may perform any of the duties and exercise any of the powers of the Registrar as directed by the Registrar.
(5) A person appointed or authorized to act pursuant to this Section must be employed pursuant to the Civil Service Act and that Act applies to that person.
3 Section 3 of Chapter 92 of the Revised Statutes, 1989, the Consumer Protection Act, is repealed and the following Section substituted:
(2) The Minister may, in the absence or incapacity of the Registrar or when the office of the Registrar is vacant, authorize another person to act in the Registrar's stead.
(3) The Minister may appoint one or more deputy registrars as required to assist the Registrar in the performance of the Registrar's duties.
(4) A deputy registrar may perform any of the duties and exercise any of the powers of the Registrar as directed by the Registrar.
(5) A person appointed or authorized to act pursuant to this Section must be employed pursuant to the Civil Service Act and that Act applies to that person.
4 Clause 2(1)(d) of Chapter 93 of the Revised Statutes, 1989, the Consumer Reporting Act, is amended by striking out "Services appointed under the Consumer Services Act" in the second and third lines and substituting "Reporting Agencies".
5 Chapter 93 is further amended by adding immediately after Section 2 the following heading and Section:
(2) The Minister may, in the absence or incapacity of the Director or when the office of the Director is vacant, authorize another person to act in the Director's stead.
(3) The Minister may appoint one or more deputy directors as required to assist the Director in the performance of the Director's duties.
(4) A deputy director may perform any of the duties and exercise any of the powers of the Director as directed by the Director.
(5) A person appointed or authorized to act pursuant to this Section must be employed pursuant to the Civil Service Act and that Act applies to that person.
6 Section 5 of Chapter 94 of the Revised Statutes, 1989, the Consumer Services Act, is repealed.
7 Sections 3 and 4 of Chapter 129 of the Revised Statutes, 1989, the Direct Sellers' Registration Act, are repealed and the following Section substituted:
(2) The Minister may, in the absence or incapacity of the Registrar or when the office of the Registrar is vacant, authorize another person to act in the Registrar's stead.
(3) The Minister may appoint one or more deputy registrars as required to assist the Registrar in the performance of the Registrar's duties.
(4) A deputy registrar may perform any of the duties and exercise any of the powers of the Registrar as directed by the Registrar.
(5) A person appointed or authorized to act pursuant to this Section must be employed pursuant to the Civil Service Act and that Act applies to that person.
8 Section 4 of Chapter 144 of the Revised Statutes, 1989, the Embalmers and Funeral Directors Act, is repealed and the following Section substituted:
(2) The Minister may, in the absence or incapacity of the Registrar or when the office of the Registrar is vacant, authorize another person to act in the Registrar's stead.
(3) The Minister may appoint one or more deputy registrars as required to assist the Registrar in the performance of the Registrar's duties.
(4) A deputy registrar may perform any of the duties and exercise any of the powers of the Registrar as directed by the Registrar.
(5) The Civil Service Act applies to a person appointed or authorized to act pursuant to this Section.
9 Section 3 of Chapter 291 of the Revised Statutes, 1989, the Mortgage Brokers' and Lenders' Registration Act, is repealed and the following Section substituted:
(2) The Minister may, in the absence or incapacity of the Registrar or when the office of the Registrar is vacant, authorize another person to act in the Registrar's stead.
(3) The Minister may appoint one or more deputy registrars as required to assist the Registrar in the performance of the Registrar's duties.
(4) A deputy registrar may perform any of the duties and exercise any of the powers of the Registrar as directed by the Registrar.
(5) A person appointed or authorized to act pursuant to this Section must be employed under the Civil Service Act and that Act applies to that person.
11 This Act has effect on and after January 15, 2015.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2014 Crown in right of Nova Scotia. Created November 5, 2014. Send comments to legc.office@novascotia.ca.
