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Volunteer Benefits Act

BILL NO. 122

1st Session, 57th General Assembly
Nova Scotia
47-48 Elizabeth II, 1998-99



Private Member's Bill



Volunteer Benefits Act



Michael Baker
Lunenburg



First Reading: June 16, 1999

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

Clause 1 sets out the short title of the Act.

Clause 2 requires that there be in place adequate liability, accident and death insurance with respect to each volunteer fire department in the Province and that the cost of this insurance be paid from money appropriated by the Legislature.

Clause 3 requires the proceeds from a bingo to be used for charitable or religious objects, sets the required rate of return, permits the suspension of a bingo licence where the required rate of return is not met and provides that where the bingo licensee uses volunteer services by its members or supporters the minimum required rate of return does not apply.

Clause 4 repeals regulations made redundant by Clause 3.

Clause 5 provides that the Nova Scotia Government Purchasing Agency shall acquire all safety and emergency supplies required by a volunteer fire department.

Clause 6 provides that, effective July 1, 1999, no vehicle registration renewal fee shall be charged with respect to a vehicle registered to a member of a volunteer fire department or a volunteer search and rescue organization.

Clause 7 enables the Minister of Labour to make an annual payment, not exceeding five hundred dollars, to members of volunteer fire departments and volunteer search and rescue organizations.

An Act to Provide Benefits
to Certain Volunteers

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Volunteer Benefits Act.

PART I

FIRE PREVENTION ACT

2 Chapter 171 of the Revised Statutes, 1989, the Fire Prevention Act, is amended by adding immediately after Section 8 the following Section:

8A (1) In this Section, "member of a volunteer fire department" means a person who has been certified by the fire chief as an active member in good standing of a volunteer fire department and who does not receive a salary for acting as a member of a volunteer fire department.

(2) Notwithstanding any enactment, the Fire Marshall shall ensure that there is in place with respect to each volunteer fire department in the Province

(a) adequate liability insurance; and

(b) accident and death insurance for each member of the volunteer fire department,

in such amount as determined by regulation.

(3) The cost of the insurance referred to in subsection (2) shall be paid out of money appropriated for that purpose by the Legislature.

(4) The Governor in Council may make regulations

(a) prescribing the amount of insurance for the purpose of this Section;

(b) defining any word or expression used but not defined in this Section;

(c) deemed necessary or advisable to carry out effectively the intent and purpose of this Section.

PART II

GAMING CONTROL ACT

3 Section 67 of Chapter 4 of the Acts of 1994-95, the Gaming Control Act, is amended by adding immediately after subsection (3) the following subsections:

(4) Notwithstanding subsection (3),

(a) all net operating receipts from the conduct and management of a bingo shall be used within a reasonable time of their receipt for charitable or religious purposes as set out by the licensee in the application for a licence;

(b) subject to clause (c), the rate of return to the licensee from the conduct and management of a bingo must be a minimum of fifteen per cent;

(c) where, in the opinion of the Commission, a bingo licensee's gross receipts are likely to be less than or equal to one hundred and fifty thousand dollars and the Commission is satisfied that the licensee's bingo operation is a benefit to the community, the Commission may, notwithstanding clause (b), vary the required rate of return; and

(d) where the rate of return to the licensee is less than the rate of return required by clause (b) or pursuant to clause (c), as the case may be, the Commission may suspend or cancel the bingo licence.

(5) In subsection (4),

(a) "net operating receipts" means gross receipts less cash prizes, cash payments, in accordance with the regulations, of wages, salaries and other monetary considerations paid, directly or indirectly, for selling bingo cards or papers or for conducting, managing or assisting in the conduct or management of bingo, all other expenses approved by the Commission in the licensee's application that are incurred in the operation of a bingo event and all other expenses that, in the opinion of the Commission, are attributable to the conduct and management of a bingo event including, but not limited to, rent, bingo paper, promotion, administration and building maintenance;

(b) "rate of return to the licensee" means the licensee's net operating receipts as a percentage of the licensee's gross receipts.

(6) Where a bingo licensee, whether a volunteer fire department, branch of the Royal Canadian Legion, service club or other licensee, uses volunteer services provided by its members or supporters to conduct and manage the bingo on behalf of the licensee, clause (4)(b) does not apply.

4 Subsections 6(1) to 6(5) of the Bingo Suppliers Regulations made pursuant to Chapter 4 are repealed.

PART III

GOVERNMENT PURCHASES ACT

5 Section 5 of Chapter 188 of the Revised Statutes, 1989, the Government Purchases Act, is amended by adding immediately after clause (a) the following clause:

(aa) a volunteer fire department for safety or emergency purposes;

PART IV

MOTOR VEHICLE ACT

6 (1) Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is amended by adding immediately after Section 21 the following Section:

21A (1) In this Section,

(a) "member of a volunteer fire department" means a person who has been certified by the fire chief as an active member in good standing of a volunteer fire department and who does not receive a salary for acting as a member of a volunteer fire department;

(b) "member of a volunteer search and rescue organization" means a person who is an active member in good standing of a volunteer search and rescue organization and who does not receive a salary for acting as a member of a volunteer search and rescue organization.

(2) Notwithstanding subsection (3) of Section 21, no fee shall be charged for the renewal of a vehicle registration with respect to one vehicle registered to a member of a volunteer fire department or a member of a volunteer search and rescue organization.

(2) Subsection (1) has effect on and after July 1, 1999.

PART V

GENERAL

7 (1) In this Section,

(a) "member of a volunteer fire department" means a person who has been certified by the fire chief as an active member in good standing of a volunteer fire department and who does not receive a salary for acting as a member of a volunteer fire department;

(b) "member of a volunteer search and rescue organization" means a person who is an active member in good standing of a volunteer search and rescue organization and who does not receive a salary for acting as a member of a volunteer search and rescue organization.

(2) The Minister of Labour may pay annually to each member of a volunteer fire department and each member of a volunteer search and rescue organization an amount not exceeding five hundred dollars.

(3) The payments referred to in subsection (2) shall be made out of money appropriated for that purpose by the Legislature.


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 1999 Crown in right of Nova Scotia. Created June 16, 1999. Send comments to legc.office@gov.ns.ca.