BILL NO. 80
1st Session, 58th General Assembly
Nova Scotia
49 Elizabeth II, 2000
Justice and Administration Reform (2000) Act
The Honourable Michael G. Baker, Q.C.
Minister of Justice
First Reading: November 10, 2000
Second Reading: November 14, 2000
Third Reading: November 30, 2000 (WITH COMMITTEE AMENDMENTS)
Explanatory Notes
Clause 1 sets out the short title of this Act.
Clause 2 ensures that pipelines, gas plants, fractionation plants, slug catchers, oil refineries and natural gas industrial plants, and any related petro-chemical industrial plants and hydrocarbon plants, are assessable under the Assessment Act.
Clause 3 ensures that the property assessable by virtue of Clause 2 is subject to business occupancy assessment under the Assessment Act.
Clause 4 deems assessments relating to the Sable Offshore Energy Project to have been properly placed upon the rolls for 1999 and 2000.Clause 5 repeals the provision in the Barristers and Solicitors Act that prohibits lawyers from seeking business.
Clause 6 permits the Executive Director of the Nova Scotia Barristers' Society to apply for an injunction to stop persons from carrying on the practice of law without authority.
Clause 7 reduces the size of the Council of the Barristers' Society from 45 to 31 members, 21 of which are elected from the four judicial districts, and reduces the number of lay members from five to three.
Clauses 8 to 10 change the structure of the Barristers' Society professional liability claims fund.Clause 11 removes obsolete references from the Barrister and Solicitors Act to match changes made in Clause 13.
Clause 12 increases the notice period before a taxation of a lawyer's bill can occur from two clear days to five clear days.
Clause 13 allows a person performing a taxation to consider the reasonableness of a lawyer's bill and allows the court to refer bills for taxation to the Small Claims Court.
Clauses 14 and 15 remove obsolete references from the Barristers and Solicitors Act to match changes made in Clause 13.
Clause 16 gives the Governor in Council the power to make regulations respecting the taxation of costs.
Clauses 17 and 18 repeal the existing judicial discipline provisions for Family Court judges who will be covered by the new Judicial Council provided for in amendments to the Provincial Court Act found in Part XII of this Bill.Clause 19 abolishes the Family Court, provides for the continuation of existing cases in the Supreme Court of Nova Scotia (Family Division) and ensures the continuing validity of orders made by judges of the Family Court.
Clause 20 continues the existing appointments of judges of Family Court as judges of the Provincial Court.
Clause 21 repeals the Family Court Act.
Clause 22 provides that references to the Family Court and its judges in statutes, regulations and documents are to be construed as references to the Supreme Court (Family Division) except in the Provincial Court Act where the references are to be construed as references to the Provincial Court.
Clause 23 provides a revised definition of "Fire Marshal" in the Fire Prevention Act to reflect the change made by Clause 24.
Clause 24 provides for the appointment of a person who is a civil servant as Fire Marshall and provides for the appointment of deputy fire marshals, inspectors and other employees in accordance with the Civil Service Act.
Clauses 25 to 53 amend the Gaming Control Act to reflect a revised operating structure under which the Minister of Environment and Labour takes over various inspection and enforcement roles previously carried out by the Alcohol and Gaming Authority and the Utility and Review Board takes over various licensing and adjudicative functions previously carried out by the Authority. Provision is made for administrators to carry out the functions previously carried out by a variety of officers under the Act. Provision is also made for notice of rights to a hearing before the Utility and Review Board.Clause 54 amends the Judicature Act to increase the maximum number of judges in the Supreme Court (Family Division) from 14 to 17 and, consequently, increases the maximum number of judges for the entire court from 37 to 40.
Clause 55 amends the Justices of the Peace Act by removing the five-year term of appointment, allowing the Governor in Council to determine the length of the term, repealing a spent transitional subsection and removing a Section dealing with the form of the commission used for appointment of a justice of the peace.
Clause 56 corrects an error.
Clause 57 adds the Chief Justice of the Supreme Court to the list of judges who may give directions to justices of the peace on the exercise of their powers and performance of their functions pursuant to enactments.
Clause 58 changes the procedure for revoking the appointment of a justice of the peace by substituting a complaint process that requires a recommendation by a judge after an inquiry has been held on the basis of infirmity, incompatible conduct or failure to perform the duties of the office.
Clause 59 repeals a requirement in the Justices of the Peace Act requiring publication in the Royal Gazette of directions given to justices of the peace.
Clause 60 changes a reference to the "Family Court" to the "Supreme Court (Family Division)".
Clause 61 provides for the supervision of presiding justices of the peace who perform duties and functions in the Supreme Court by the Chief Justice of that Court.
Clause 62 narrows the application of the provisions respecting supervision and direction of justices of the peace in the Family and Provincial Courts to presiding justices of the peace.
Clause 63 amends the discipline provision in the Justices of the Peace Act to provide that the Chief Justice of the Supreme Court is responsible for the discipline of presiding justices of the peace under that Chief Justice's supervision.
Clause 64 provides that employees of the Department of Justice who are justices of the peace are continued as staff justices of the peace.
Clause 65 provides that existing justices of the peace who are not employees of the Department of Justice are continued as administrative justices of the peace.
Clause 66 provides that, if a person whose existing appointment a justice of the peace would otherwise have been continued as an administrative justice of the peace is appointed a presiding justice of the peace, that person is not an administrative justice of the peace.
Clause 67 provides that existing fee arrangements for persons who will become staff and administrative justices of the peace will be replaced by fees prescribed by the regulations.
Clauses 68 to 85 amend the Liquor Control Act to reflect a revised operating structure under which the Minister of Environment and Labour takes over various inspection, enforcement and other regulatory roles previously carried out by the Alcohol and Gaming Authority, and the Utility and Review Board takes over various licensing and adjudicative functions previously carried out by the Authority in place of the former Liquor License Board under the Act.Clause 86 amends the Municipal Government Act to clarify liability for payment of outstanding municipal taxes where personal property, mobile homes or real property are taken and sold pursuant to a security interest, execution or other legal process.
Clauses 87 and 88 changes the office of Executive Director of Occupational Health and Safety to Director of Occupational Health and Safety.Clause 89 changes the provision in the Pay Equity Act that the Pay Equity Commission may employ an Executive Director to provide instead for the employment of an administrator.
Clauses 90 to 92 amend the Provincial Court Act to provide for a judicial council to deal with judicial discipline. The council may be established by agreement with other provinces and the agreement must set out powers of the council and the apportionment of its costs. These Clauses also provide for optional matters that may be contained in the agreement and set out hearing powers and the power of the Governor in Council to remove a Provincially appointed judge when that is recommended by the judicial council and the Attorney General.Clause 92 adds a Schedule to the Provincial Court Act that sets out as an alternative to the judicial discipline structure in the Act, a joint discipline structure that may be operated by agreement with other provinces, and which contains many of the elements of the structure established pursuant to Clause 91.
Clause 93 amends the amount that may be ordered by a small claims court adjudicator to match the jurisdiction of the Small Claims Court in order to correct an oversight.
Clause 94 amends the Summary Proceedings Act to provide for the use of "telewarrants" in circumstances where it is impracticable for a peace officer to appear personally before a justice of the peace to obtain a search warrant.
Clause 95 amends the Summary Proceedings Act to provide that where a person wishes to enter a plea of guilty by payment of the penalty out of court, that person may be convicted where they make an initial partial payment, and provides that they are still obligated to pay the outstanding balance of the penalty.
Clause 96 repeals the Taxing Master Act.
Clause 97 provides that existing taxing masters are appointed as adjudicators to carry out taxations under the Small Claims Court Act but will not have any of the other powers of regular adjudicators under that Act.
Clauses 98 to 101 provide for the Minister of Environment and Labour to replace the Alcohol and Gaming Authority in carrying out the functions of the former Amusements Regulation Board under the Theatres and Amusements Act through an Inspector, and provides for an appeal from a decision of the Minister to the Utility and Review Board.
Clause 102 provides the effective dates for some provisions of this Act. The rest is effective on Royal Assent.
An Act Respecting the Justice System
and Public Administration in Nova Scotia
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Justice and Administration Reform (2000) Act.
PART I
ASSESSMENT ACT
2 Section 2 of Chapter 23 of the Revised Statutes, 1989, the Assessment Act, as amended by Chapter 19 of the Acts of 1990, Chapter 18 of the Acts of 1998 and Chapter 9 of the Acts of 2000, is further amended by
(a) adding immediately after subclause (a)(v) the following subclauses:
(va) all pipeline for the transportation, transmission or distribution of petroleum, petroleum products, natural gas, hydrocarbons or any other thing, including all fixtures and attachments necessary to operate the pipeline, and
(A) all valves, couplings, cathodic protection apparatus, protective coatings, casings, cleanouts, fastenings and appurtenances,
(B) all haulage, labour, engineering and overheads in respect of such pipeline,
(C) any section, part or branch of any pipeline,
(D) any easement or right of way used by a pipeline company,
(E) any franchise or franchise right, and
(F) any interest of the owner of the pipeline in real property on, in, under, along or across which pipe is located,
(vb) gas plants, fractionation plants, slug catchers, oil refineries, petroleum industrial plants, natural gas industrial plants, any related petro-chemical industrial plants and hydrocarbon plants, including all fixtures and attachments necessary to operate the foregoing, and including all rights of way and land associated with the foregoing,
and
(b) adding immediately after clause (t) the following clauses:
(u) "structure" includes an article that is affixed to or permanently resting upon land or buildings and that enhances the value of the land or buildings or improves their usefulness for the purposes for which they are used and, without limiting the generality of the foregoing, includes a pipeline, gas plant, fractionation plant, petroleum industrial plant or natural gas industrial plant, any related petro-chemical industrial plant, any hydrocarbon plant, a slug catcher and all attachments necessary to operate the foregoing;
3 Section 11 of Chapter 23 is amended by adding immediately after subsection (1) the following subsection:
(1A) Notwithstanding subsection (1), all property that is assessable property pursuant to subclause (va) or (vb) of clause (a) of Section 2 and all fixtures and attachments necessary to operate the assessable property referred to in subclauses (va) and (vb) of clause (a) of Section 2 shall be assessed for a sum to be called business occupancy assessment.
4 Chapter 23 is further amended by adding immediately after Section 52 the following Sections:
52B All assessments and amended assessments added to the assessment roll for the 2000 assessment year, related to the Sable Offshore Energy Project and assessed to the Municipality of the District of Guysborough, to Maritimes & Northeast Pipeline Ltd. and related companies, to Mobil Oil Canada and related companies, to Point Tupper Terminals Co. and related companies and to Sable Offshore Energy Inc. and related companies, are deemed to have been validly and properly added to the roll, and the rates thereon shall be levied and collected in the same manner as if the property had been properly assessed on the roll in those amounts when the roll was filed.
PART II
BARRISTERS AND SOLICITORS ACT
5 Subsection 5(4) of Chapter 30 of the Revised Statutes, 1989, the Barristers and Solicitors Act, is repealed.
6 Section 6 of Chapter 30, as amended by Chapter 25 of the Acts of 1990, is further amended by adding immediately after subsection (3) the following subsection:
(3A) Where a person contravenes Section 5 or 10, in addition to any other remedy or penalty provided by this Act, the Executive Director may apply to a judge of the Supreme Court of Nova Scotia by way of originating notice for an injunction enjoining the person from continuing the contravention and the judge may grant such an injunction.
7 (1) Subsection 19(1) of Chapter 30 is amended by
(a) repealing clause (a) and substituting the following clause:
(a) twenty-one barristers elected by members of the Society from the four judicial districts in the numbers per district and in the manner prescribed in the regulations;
and
(b) striking out "five" in the first line of clause (c) and substituting "three".
(2) Subsection 19(2) of Chapter 30 is repealed.
8 Section 36 of Chapter 30 is repealed and the following Section substituted:
36 In this Section and in Sections 37 to 39,
(a) "Fund" means the Nova Scotia Barristers' Liability Claims Fund;
(b) "member" means a person who is entitled to practise as a barrister;
(c) "professional liability claim" means a claim against a member for an amount of money that the member is legally obligated to pay as damages arising out of the performance of professional services for another person in the member's capacity as a barrister and solicitor and caused by the member or any other person for whose acts the member is legally liable;
(d) "voluntary excess liability coverage program" means an optional program of indemnification for professional liability claims in an amount larger than the maximum amount payable under the mandatory professional liability claims program.
9 Subsections 37(1A) to (6) of Chapter 30 are repealed and the following subsections substituted:
(3) The Fund shall conduct a mandatory professional liability claims program in accordance with this Section and Sections 38 and 39 and may conduct a voluntary excess liability coverage program.
(4) The Fund has all the powers necessary to conduct the mandatory professional liability claims program and, without limiting the generality of the foregoing, the Fund may
(a) acquire, hold, dispose of or otherwise deal with interests in property;
(b) with the approval of the Council, borrow money for its general purposes and give promissory notes, bills of exchange and other negotiable instruments in respect of any amount borrowed, and mortgage or pledge its properties to secure the sums so borrowed;
(c) enter into agreements of indemnity or guarantee;
(d) indemnify members with respect to liability retained by the Fund under a group insurance contract entered into pursuant to subsection (2) of Section 39 in accordance with such contract.
10 Sections 38 and 39 of Chapter 30 are repealed and the following Sections substituted:
38 The Council may make regulations
(a) giving broad policy directions with respect to the mandatory professional liability claims program of the Fund;
(b) respecting the management of the Fund and, without limiting the generality of the foregoing, determining the powers, duties and responsibilities of the board of directors of the Fund;
(c) providing for the payment by members of annual assessments of such amounts as may be determined by the Council from time to time for the purpose of the Fund;
(d) providing for the exemption or exclusion of members from the payment of annual assessments referred to in clause (c), and from entitlement to indemnification under the mandatory professional liability claims program, and the conditions on which the exemption or exclusion may be made;
(e) where a member has entered into an agreement with the Fund pursuant to a voluntary excess liability coverage program, providing for the payment by such member of assessments in such amount as may be fixed by the agreement.
39 (1) The Fund may, with the approval of the Council, participate in a reciprocal exchange of contracts of indemnity or inter-insurance and thereby exchange contracts of indemnity.
(2) The Fund may enter into a group insurance contract with an insurer, including a reciprocal exchange of contracts of indemnity or inter-insurance, providing for the indemnification by the insurer thereunder in whole or in part of members in respect of professional liability claims against them, on such terms and conditions as may be agreed upon.
(3) The Fund may enter into a group insurance contract with an insurer either alone or jointly with one or more law societies or governing bodies of the legal profession in other provinces in Canada, or one or more corporations designated by such law society or governing body and incorporated for purposes similar to those of the Fund.
(4) The Fund may enter into contracts with insurers or other persons whereby the Fund may be indemnified in whole or in part against claims, expenses and losses of the Fund.
11 Section 42 of Chapter 30, as enacted by Chapter 8 of the Acts of 1999 (2nd Session), is amended by
(a) striking out "Any" in the first line and substituting "Notwithstanding any other enactment, any"; and
(b) striking out "taxing master, taxing officer," in the second line.
12 (1) Subsection 44(1) of Chapter 30 is amended by striking out "Two" in the first line and substituting "Five".
(2) Subsection 44(2) of Chapter 30 is amended by striking out "two" in the fifth line and substituting "five".
13 Section 47 of Chapter 30 is amended by
(a) adding "or reasonableness" immediately after "amount" in the second line;
(b) adding "or adjudicator of the Small Claims Court of Nova Scotia" immediately after "judge" in the fourth line; and
(c) striking out ", the taxing master or a judge of the county court which any of the changes were incurred" in the last three lines and substituting "or an adjudicator of the Small Claims Court of Nova Scotia".
14 Section 48 of Chapter 30 is amended by striking out "taxing master" in the second line and substituting "adjudicator of the Small Claims Court of Nova Scotia".
15 Section 49 of Chapter 30 is amended by striking out "taxing master" in the second line and substituting "adjudicator of the Small Claims Court of Nova Scotia".
16 Chapter 30 is further amended by adding immediately after Section 49 the following Section:
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.
PART III
FAMILY COURT ACT
17 Subsection 5(14) of Chapter 159 of the Revised Statutes, 1989, the Family Court Act, is repealed.
18 Sections 20 and 21 of Chapter 159 are repealed.
19 (1) The Family Court for the Province of Nova Scotia is abolished.
(2) Every proceeding in the Family Court shall be continued as nearly as may be in the Supreme Court of Nova Scotia (Family Division).
(3) Nothing in this Act affects the validity of an order made by a judge of the Family Court before the coming into force of this Section.
20 (1) Every judge of the Family Court for the Province of Nova Scotia is and is deemed to be a judge of the Provincial Court of Nova Scotia.
(2) The appointment of a judge of the Family Court to the Provincial Court is deemed to take effect on the date of the judge's appointment to the Family Court.
21 Chapter 159 of the Revised Statutes, 1989, the Family Court Act, is repealed.
22 (1) Subject to subsection (2), a reference in any Act of the Legislature or in any rule, order, regulation, by-law, ordinance or proceeding or in any document whatsoever to the Family Court for the Province of Nova Scotia, the Chief Judge or Associate Judge of the Family Court or a judge of the Family Court, whether the reference is by official name or otherwise, shall, as regards to any subsequent transaction, matter of thing, be held and construed to be a reference to the Supreme Court of Nova Scotia (Family Division) or a judge thereof.
(2) Any reference in the Provincial Court Act to the Family Court, the Chief Judge or Associate Judge of the Family Court or a judge of the Family Court is struck out and that Act is to be read and construed as to apply only to the Provincial Court of Nova Scotia, the Chief Judge or Associate Chief Judge or a judge of the Provincial Court, as the circumstances require.
PART IV
FIRE PREVENTION ACT
23 Clause 2(i) of Chapter 171 of the Revised Statutes, 1989, the Fire Prevention Act, is repealed and the following clause substituted:
(i) "Fire Marshal" means the chief fire authority for the Province appointed in accordance with this Act;
24 Subsection 7(1) of Chapter 171 is repealed and the following subsections substituted:
(1) The Minister may appoint a member of the Civil Service as Fire Marshal.
(1A) There shall be appointed in accordance with the Civil Service Act such deputy fire marshals, inspectors, officers, clerks and other employees as are necessary to carry out the provisions of this Act.
PART V
GAMING CONTROL ACT
25 Section 3 of Chapter 4 of the Acts of 1994-95, the Gaming Control Act, is amended by
(a) relettering clause (a) as clause (aa);
(b) adding immediately before relettered clause (aa) the following clause:
(a) "administrator" means the administrator appointed by the Minister of Environment and Labour for the purpose of this Act, and includes an acting administrator;
(c) striking out clause (c);
(d) adding immediately after clause (d) the following clause:
(da) "Department" means the Department of Environment and Labour;
and
(e) striking out clause (g).
26 Clause 24(1)(e) of Chapter 4 is amended by striking out "Commission" in the second line and substituting "Minister of Environment and Labour".
27 Section 38 of Chapter 4 is repealed and the following Section substituted:
38 In this Part, "Minister" means the Minister of Environment and Labour.
28 The heading immediately preceding Section 40 and Sections 40 to 51 of Chapter 4 are repealed and the following Sections substituted:
40 (1) Such administrators and employees as are necessary for the administration of this Act shall be appointed in accordance with the Civil Services Act.
(2) Notwithstanding subsection (1), the Minister may, with the approval of the Governor in Council and subject to the Province's tendering guidelines, engage upon such terms and conditions as the Minister deems fit, the services of such professional persons, technical persons and experts as the Minister deems necessary for the efficient carrying out of its purpose under this Part and the regulations.
(3) The Minister may enter into arrangements to use the services and facilities of a department, board, commission, corporation or agent of Her Majesty in right of the Province other than the Corporation.
41 The Minister may appoint, as an administrator, a person who the Minister considers has the qualifications and experience to be the administrator for the purpose of all or any part of this Act.
29 Section 52 of Chapter 4 is amended by
(a) striking out "Members of the Commission, the Executive Director, the Director of Registration, the Director of Investigations and Enforcement" in the first, second and third lines and substituting "Administrators"; and
(b) striking out "Commission" in the fourth line and substituting "Department having any responsibilities under this Act or the regulations".
30 Section 53 of Chapter 4 is amended by
(a) striking out "Commission" in the first line and substituting "Utility and Review Board, the Deputy Minister of Environment and Labour";
(b) striking out "the Executive Director, Director of Registration, the Director of Investigations and Enforcement" in the first, second and third lines and substituting "administrators"; and
(c) striking out "Commission" in the fourth line and substituting "Department having any responsibilities under this Act or the regulations".
31 Sections 54 and 55 of Chapter 4 are repealed.
32 (1) Subsection 56(1) of Chapter 4 is amended by
(a) striking out "Commission" in the first line and substituting "administrator"; and
(b) striking out "it" in the second line of clause (a) and substituting "the administrator".
(2) Subsection 56(3) of Chapter 4 is amended by striking out "Executive Director, the Director of Registration and the Director of Investigations and Enforcement" in the second and third lines and substituting "administrator".
33 Subsection 57(1) of Chapter 4 is amended by
(a) striking out "Executive Director, the Director of Registration or the Director of Investigation and Enforcement" in the first and second lines and substituting "administrator"; and
(b) striking out "Executive Director, the Director of Registration or the Director of Investigation and Enforcement, as the case may be," in the fifth, sixth and seventh lines and substituting "administrator".
34 Sections 58 to 64 of Chapter 4 are repealed and the following Sections substituted:
58 (1) The Minister may make general rules respecting practice and procedure in relation to hearings before the administrator and the publication of decisions of the administrator respecting those hearings.
(2) The exercise by the Minister of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.
59 (1) The administrator may issue policy statements, rules and interpretation notes.
(2) Policy statements, rules and interpretation notes issued pursuant to subsection (1) are not regulations within the meaning of the Regulations Act and do not constitute a predetermined exercise of a discretion pursuant to this Act.
35 Subsection 65(1) of Chapter 4 is amended by
(a) striking out "Governor in Council" in the first and second lines and substituting "Minister";
(b) striking out "Commission" in the second line and substituting "administrator"; and
(c) striking out "its" in the second line and substituting "the administrator's".
36 Subsection 66(1) of Chapter 4 is amended by
(a) striking out "Commission" in the second line and substituting "administrator"; and
(b) striking out "Commission" in the third line and substituting "Department under this Part".
37 (1) Subsection 78(2) of Chapter 4 is amended by striking out "to an informal hearing before the Executive Director and a formal hearing before the Commission" in the third and fourth lines and substituting "to a hearing before the Utility and Review Board".
(2) Subsection 78(3) of Chapter 4 is amended by striking out "Director of Registration, the Executive Director" in the second and third lines and substituting "administrator".
(3) Subsection 78(5) of Chapter 4 is repealed.
(4) Subsection 78(6) of Chapter 4 is repealed and the following subsection substituted:
(6) Where a request for a hearing is made pursuant to subsection (3), the Utility and Review Board shall schedule and hold the hearing.
(5) Subsection 78(7) of Chapter 4 is amended by striking out "the Executive Director or" in the second and third lines.
(6) Subsection 78(8) of Chapter 4 is amended by
(a) striking out "the Executive Director or" in the second line;
(b) striking out ", as the case may be," in the second and third lines; and
(c) striking out "Executive Director or the Commission, respectively," in the second and third lines of clause (b) and substituting "Utility and Review Board".
(7) Subsection 78(9) of Chapter 4 is amended by
(a) striking out "the Executive Director or" in the second and in the third lines; and
(b) striking out ", respectively," in the fourth line.
(8) Subsection 78(10) of Chapter 4 is amended by
(a) striking out "Executive Director or the" in the first line; and
(b) striking out "the Executive Director or" in the second and third lines.
(9) Subsection 78(11) of Chapter 4 is amended by
(a) striking out "the Executive Director or" in the first and in the second and third lines; and
(b) striking out ", respectively," in the third line.
38 Subsection 83(1) of Chapter 4 is amended by
(a) striking out "Commission" in the first line and substituting "administrator"; and
(b) striking out "by the Commission" in the third line and substituting "pursuant to this Act".
39 Subsection 93(3) of Chapter 4 is amended by
(a) striking out "a member or" in the third line and substituting "an"; and
(b) adding ", the administrator or an employee of the Department having any responsibilities under this Act" immediately after "thereof" in the third line.
40 Subsection 99(3) of Chapter 4 is amended by striking out "and not open to question in any court" in the second line.
41 Subsection 103(2) of Chapter 4 is amended by striking out "Executive Director's" in the second and third lines and substituting "Minister's".
42 (1) Subsection 111(3) of Chapter 4 is repealed and the following subsection substituted:
(3) The notice of the proposed order shall inform each person receiving it that the person is entitled to request a hearing by the Utility and Review Board.
(2) Subsection 111(4) of Chapter 4 is amended by striking out "Director of Investigation and Enforcement, the Executive Director" in the second and third lines and substituting "administrator".
(3) Section 111 of Chapter 4 is further amended by adding immediately after subsection (5) the following subsection:
43 (1) Subsection 112(3) of Chapter 4 is amended by striking out "an informal hearing by the Executive Director and a formal hearing by the Commission" in the second and third lines and substituting "a hearing before the Utility and Review Board".
(2) Subsection 112(4) of Chapter 4 is amended by striking out "Director of Investigation and Enforcement, the Executive Director" in the second and third lines and substituting "administrator".
44 (1) Subsection 113(1) of Chapter 4 is amended by
(a) striking out "the Executive Director shall hold an informal hearing on request of that person or" in the second and third lines; and
(b) striking out "formal" in the fourth line.
(2) Subsection 113(2) of Chapter 4 is amended by striking out "the Executive Director or" in the third line.
(3) Subsection 113(3) of Chapter 4 is amended by
(a) striking out "Executive Director or the" in the first line; and
(b) striking out "Executive Director or Commission respectively considers such Director" in the second, third and fourth lines of clause (b) and substituting "Utility and Review Board considers the administrator".
(4) Subsection 113(4) of Chapter 4 is amended by
(a) striking out "the Executive Director" in the first line and substituting "the Utility and Review Board"; and
(b) striking out "Executive Director or the Commission, respectively," in the third line and substituting "Utility and Review Board".
(5) Subsection 113(5) of Chapter 4 is amended by
(a) striking out "Executive Director or the" in the first line; and
(b) striking out "Executive Director or the Commission, respectively," in the third line and substituting "Utility and Review Board".
(6) Subsection 113(6) of Chapter 4 is amended by
(a) striking out "the Executive Director or" in the first line; and
(b) striking out "Executive Director or the Commission, respectively," in the second and third lines and substituting "Utility and Review Board".
(7) Subsection 113(7) of Chapter 4 is amended by striking out "and is not open to question in any court" in the second line.
45 (1) Subsection 114(1) of Chapter 4 is amended by striking out "or the Commission" in the fourth line.
(2) Subsection 114(2) of Chapter 4 is repealed and the following subsection substituted:
(2) Where a person fails to comply with an order of the administrator or the Utility and Review Board made pursuant to this Act, the administrator or the Utility and Review Board may, in addition to any other rights, make an application to a judge of the Supreme Court of Nova Scotia for an order directing the person to comply with the order of the administrator or Utility and Review Board, as the case may be.
46 Section 115 of Chapter 4 is amended by
(a) striking out "Commission or Executive Director" in the first and in the fifth and sixth lines and substituting in each case "Utility and Review Board"; and
(b) adding "a" immediately before "hearing" in the second line.
47 Clause 117(d) of Chapter 4 is amended by
(a) striking out "or the Commission" in the third line; and
(b) striking out "or a member of the Commission, respectively" in the fourth and fifth lines.
48 Subsection 126(2) of Chapter 4 is repealed and the following subsection substituted:
(2) The administrator may prepare a certificate setting out the costs of the investigation of an offence including the time spent by the Utility and Review Board, an administrator and the employees of the Department and any fees paid to an expert investigator or witness, external auditor or legal counsel.
49 Chapter 4 is further amended by adding immediately after Section 126 the following Section:
50 Subsection 127(1) of Chapter 4 is amended by
(a) striking out "members of the Commission" in the second line of clause (k) and substituting "Utility and Review Board";
(b) striking out "Commission" in the second line of clause (l) and substituting "Utility and Review Board";
(c) striking out "Commission" in the fourth line of clause (l) and substituting "Department"; and
(d) striking out "members and employees of the Commission" in the third and fourth lines of clause (m) and substituting "members of the Utility and Review Board, the administrator and employees of the Department having responsibilities under this Act or the regulations".
51 (1) Subsection 128(3) of Chapter 4 is amended by striking out "Commission" in the third line and substituting "Minister".
(2) Subsection 128(5) of Chapter 4 is amended by striking out "Commission" in the third line and substituting "Minister".
(3) Subsection 128(6) of Chapter 4 is amended by striking out "Commission" in the seventh line and substituting "Department".
52 (1) Chapter 4 is further amended by striking out "Commission" wherever it appears in subsections 12(5) 56(3) to (5), Sections 57 and 78 to 80, subsection 93(3), Sections 111 to 113, subsection 116(3) and clauses 127(1)(i), (l) and (n) and substituting in each case "Utility and Review Board".
(2) Chapter 4 is further amended by striking out "Commission" wherever it appears in subsections 50(2) and (3), Section 67, subsection 76(1), clause 92(2)(a), Sections 99 and 101, subsections 103(1) and (2), clauses 127(1)(c), (o), (af) and (as) and subsections 127(2) and (4) and substituting in each case "Minister".
(3) Chapter 4 is further amended by striking out "Commission" wherever it appears in Sections 3 to 127, other than in those provisions referred to in subsections (1) to (3), and substituting in each case "Department".
53 Chapter 4 is further amended by striking out "Executive Director", "Director", "Director of Registration" or "Director of Investigation and Enforcement" wherever they appear in Chapter 4, other than in the provisions otherwise amended pursuant to this Part, and substituting in each case "administrator".
PART VI
JUDICATURE ACT
54 (1) Clause 17(1)(d) of Chapter 240 of the Revised Statutes, 1989, the Judicature Act, as enacted by Chapter 5 of the Acts of 1997 (2nd Session), is amended by striking out "thirty-seven" in the first line and substituting "forty".(2) Subsection 17(1A) of Chapter 240, as enacted by Chapter 5 of the Acts of 1997 (2nd Session), is amended by striking out "fourteen" in the fourth line and substituting "seventeen".
PART VII
JUSTICES OF THE PEACE ACT
55 Sections 2 and 3 of Chapter 244 of the Revised Statutes, 1989, the Justices of the Peace Act, are repealed and the following Sections substituted:
(a) "administrative justice of the peace" means an individual appointed as an administrative justice of the peace pursuant to this Act;
(b) "justice of the peace" means an administrative justice of the peace, a presiding justice of the peace or a staff justice of the peace;
(c) "Minister" means the Minister of Justice;
(d) "presiding justice of the peace" means an individual appointed as a presiding justice of the peace pursuant to this Act;
(e) "staff justice of the peace" means an individual appointed as a staff justice of the peace pursuant to this Act.
3 (1) The Governor in Council, on the recommendation of the Minister, may appoint an individual as a presiding justice of the peace.
(2) An appointment made pursuant to subsection (1) may be on a full-time or part-time basis.
(3) A presiding justice of the peace holds office during good behaviour until age sixty-five unless the justice is removed from office by the Governor in Council as provided in Section 8A.
3A (1) The Minister may appoint an employee of the Department of Justice as a staff justice of the peace to perform such duties as are prescribed in the regulations.
(2) The appointment of a staff justice of the peace expires upon the earlier of termination of their employment with the Department of Justice or upon the appointment being revoked by the Minister.
3B (1) The Minister may appoint an individual as an administrative justice of the peace to perform such duties as are prescribed in the regulations.
(2) An administrative justice of the peace holds office for the term prescribed in the regulations.
56 Subsection 6(1) of Chapter 244, as amended by Chapter 16 of the Acts of 1992, is further amended by striking out "of a" in the third line and substituting "of the".
57 Subsection 7(2) of Chapter 244, as amended by Chapter 16 of the Acts of 1992, is further amended by adding "or the Chief Justice of the Supreme Court" immediately after "Court" in the sixth line.
58 Section 8 of Chapter 244 is repealed and the following Sections substituted:
8 (1) A justice of the peace may resign from office by delivering a signed letter of resignation to the Attorney General.
(2) The resignation takes effect on the day the letter is delivered to the Attorney General or, where the letter specifies a later day, on that day.
8A (1) A presiding justice of the peace may only be removed from office before the expiration of that justice's term by order of the Governor in Council.
(2) The order referred to in subsection (1) may be made only if
(a) a complaint regarding the presiding justice of the peace has been made to the Chief Judge of the Provincial Court, the Chief Justice of the Supreme Court or the Chief Judge of the Family Court; and
(b) the removal is recommended by the Chief Judge of the Provincial Court, the Chief Justice of the Supreme Court or the Chief Judge of the Family Court, as the case may be, following an inquiry held pursuant to Section 11 on the ground that the presiding justice of the peace has become incapacitated or disabled from the due execution of the justice's office by reason of
(i) infirmity,
(ii) conduct that is incompatible with the execution of the duties of the justice's office, or
(iii) having failed to perform the duties of the justice's office as assigned.
(3) The order referred to in subsection (2) shall be laid before the House of Assembly if it is sitting or, if not, within fifteen days after the commencement of the next sitting.
59 Subsection 9(3) of Chapter 244 is repealed.
60 (1) Subsection 10(1) of Chapter 244, as enacted by Chapter 16 of the Acts of 1992, is amended by striking out "Family Court" in the first line and substituting "Supreme Court (Family Division)".
(2) Subsection 10(3) of Chapter 244 is repealed.
61 Chapter 244 is further amended by adding immediately after Section 10 the following Section:
10A (1) The Chief Justice of the Supreme Court of Nova Scotia has the general supervision and direction over all presiding justices of the peace who perform duties and functions relating to the Supreme Court and, without limiting the generality of the foregoing, the Chief Justice may
(a) establish duty rosters for presiding justices of the peace;
(b) supervise the sittings of presiding justices of the peace;
(c) give direction to presiding justices of the peace in the performance of their duties;
(d) issue directions to presiding justices of the peace on law and procedure.
(2) A presiding justice of the peace shall follow the directions of the Chief Justice unless determined otherwise by a court of competent jurisdiction.
(3) Notwithstanding subsection (1), the Chief Justice may delegate to one or more judges of the Supreme Court of Nova Scotia the general supervision and direction over presiding justices of the peace.
62 (1) Subsection 11(1) of Chapter 244, as enacted by Chapter 16 of the Acts of 1992, is amended by
(a) adding ", the Chief Justice of the Supreme Court of Nova Scotia" immediately after "Court" in the second line; and
(b) striking out "Family Court" in the second line and substituting "Supreme Court (Family Division)".
(2) Subsection 11(2) of Chapter 244, as enacted by Chapter 16 of the Acts of 1992, is amended by adding "or Chief Justice, as the case may be," immediately after "Judge" in the second and in the fifth lines.
(3) Subsection 11(3) of Chapter 244, as enacted by Chapter 16 of the Acts of 1992, is amended by adding "or Chief Justice, as the case may be," immediately after "Judge" in the first line.
(4) Subsection 11(4) of Chapter 244, as enacted by Chapter 16 of the Acts of 1992, is amended by adding "or Chief Justice, as the case may be," immediately after "Judge" in the first line.
63 (1) Chapter 244 is further amended by adding "presiding" immediately before "justices of the peace" wherever it appears in Sections 9 to 11.
(2) Chapter 244 is further amended by adding "presiding" immediately before "justice of the peace" wherever it appears in Sections 9 to 11.
64 A person who, immediately before the coming into force of this Section held an appointment as a justice of the peace and was an employee of the Department of Justice, is deemed to be appointed a staff justice of the peace pursuant to the Justices of the Peace Act.
65 A person, other than a person referred to in Section 64, who, immediately before the coming into force of this Section, held an appointment as a justice of the peace, is deemed to be appointed an administrative justice of the peace pursuant to the Justices of the Peace Act.
66 Notwithstanding Section 64, a person who is appointed a presiding justice of the peace pursuant to the Justices of the Peace Act and who immediately before the coming into force of this Section held an appointment as a justice of the peace is not an administrative justice of the peace.
67 Notwithstanding any enactment or any order made before the coming into force of this Act, a staff justice of the peace or an administrative justice of the peace is only entitled to such stipend or fees as are prescribed in the regulations made pursuant to the Justices of the Peace Act.
PART VIII
LIQUOR CONTROL ACT
68 Section 2 of Chapter 260 of the Revised Statutes, 1989, the Liquor Control Act, is amended by
(a) repealing clause (b);
(b) adding immediately after clause (d) the following clause:
(da) "Department" means the Department of Environment and Labour;
(c) striking out "this Act" in the third and fourth lines of clause (l) and substituting "the Commission";
(d) striking out "Commission or the Board" in the second line of clause (w) and substituting "Governor in Council or made by the Commission";
(e) adding immediately after clause (x) the following clause:
(xa) "Review Board" means the Nova Scotia Utility and Review Board;
and
(f) striking out "veterinary" in the first line of clause (z) and substituting "veterinarian".
69 Sections 8 and 9 of Chapter 260 are repealed.
70 Section 14 of Chapter 260 is repealed and the following Section substituted:
14 (1) The Minister of Environment and Labour shall
(a) inspect licensed premises;
(b) determine the nature, from and capacity of all containers used for containing liquor to be kept or sold in licensed premises;
(c) perform such other duties as may be required by this Act or the regulations; and
(d) in general, do or refrain from doing anything the Minister of Environment and Labour considers necessary or advisable to carry out the purpose and intent of this Act and the regulations.
(2) The Minister of Environment and Labour may delegate in writing to any person or class of persons any of the powers, duties or functions of the Minister of Environment and Labour pursuant to this Act and shall, when so delegating, specify the powers, duties and functions to be exercised by the person or class of persons and any conditions imposed on the exercise of the powers or performance of the duties or functions.
71 Subsection 20(1) of Chapter 260 is amended by striking out "revenue of the Board" in the third line and substituting "money collected by the Review Board or the Minister of Environment and Labour".
72 Sections 31 to 39 of Chapter 260 are repealed and the following Sections substituted:
31 Such inspectors and employees as are necessary for the administration of this Act shall be appointed in accordance with the Civil Service Act.
32 All money collected by the Review Board pursuant to this Act or the regulations shall be handed over to the Minister of Finance and, after it is handed over, shall form part of the Consolidated Fund of the Province.
73 Section 40 of Chapter 260 is amended by striking out "Board" in the second and in the fourth lines and substituting in each case "the Minister of Environment and Labour".
74 Section 41 of Chapter 260 is amended by
(a) striking out "Board" in the second line and substituting "the Minister of Environment and Labour"; and
(b) striking out "its" in the fourth line and substituting "the Commission's or the Minister of the Environment and Labour's".
75 Chapter 260 is further amended by adding immediately after Section 46 the following Section:
46A The Review Board shall
(a) license premises for the sale of liquor for consumption on the premises;
(b) hold public hearings for any reason the Review Board considers sufficient;
(c) subpoena, swear and examine witnesses in any matter or hearing if the Review Board determines that such action is necessary; and
(d) perform such other duties as may be required by this Act or the regulations.
76 (1) Subsection 47(1) of Chapter 260 is amended by adding "Review" immediately before Board in the second line.
(2) Subsection 47(2) of Chapter 260 is amended by striking out "by the Board" in the first line and substituting "pursuant to this Act".
(3) Subsection 47(3) of Chapter 260 is amended by
(a) adding "Review" immediately before Board in the first line; and
(b) striking out "which it has granted" in the second and third lines and substituting "granted pursuant to this Act".
(4) Subsection 47(4) of Chapter 260 is amended by
(a) adding "Review" immediately before Board in the first line; and
(b) striking out "issued by it" in the second and third lines and substituting "granted pursuant to this Act".
77 (1) Subsection 48(3) of Chapter 260 is amended by
(a) striking out "The Board may not grant a license except to" in the first line and substituting "A license may only be granted to";
(b) adding ", a permanent resident of Canada" immediately after "subject" in the second line of clause (a); and
(c) adding "Review" immediately before "Board" in the fourth line of clause (a).
(2) Subsection 48(4) of Chapter 260 is amended by
(a) adding "Review" immediately before "Board" in the first line; and
(b) striking out ", and in the case of an eating establishment license, that the retail value of food sold shall not be less than the retail value of liquor sold" in the last four lines; and
(3) Subsection 48(9) of Chapter 260 is amended by adding "by the Minister of Environment and Labour" immediately after "issued" in the first line.
78 (1) Subsection 49(1) of Chapter 260 is amended by
(a) striking out "Board" in the first, in the sixth and in the seventh lines and substituting in each case "Minister of Environment and Labour"; and
(b) striking out "Village Service Act" in the fourth line and substituting "Municipal Government Act".
(2) Subsection 49(2) of Chapter 260 is amended by
(a) striking out "Board" in the second and in the fourth lines and substituting in each case "Minister of Environment and Labour";
(b) adding "Review" immediately before "Board" in the fifth line of clause (a);
(c) adding "Review" immediately before "Board" in the second line of clause (b).
(d) adding "licensed" immediately after "on" in the second last line; and
(e) striking out "licensed by the Liquor License Board" in the last two lines.
(3) Subsection 49(3) of Chapter 260 is amended by striking out "Board" each time it appears in the second line and in the fifth, in the ninth and in the tenth lines and substituting in each case "Minister of Environment and Labour".
(4) Subsection 49(4) of Chapter 260 is amended by adding "Review" immediately before "Board" in the fifth line.
(5) Subsection 49(5) of Chapter 260 is amended by adding "Review" immediately before "Board" in the fifth line.
(6) Subsection 49(6) of Chapter 260 is amended by striking out "Board" in the ninth line and substituting "Minister of Environment and Labour".
(7) Subsection 49(7) of Chapter 260 is amended by
(a) striking out "Board' in the first and in the third lines and substituting in each case "Minister of Environment and Labour"; and
(b) striking out "Village Service Act" in the sixth line and substituting "Municipal Government Act".
(8) Subsections 49(8) to (12) of Chapter 260 are amended by adding "Review" immediately before "Board" wherever it appears.
(9) Subsection 49(13) of Chapter 260 is amended by
(a) striking out "Board" in the first line and substituting "Minister of Environment and Labour";
(b) striking out "but the Board" in the fourth and fifth lines and substituting "and with the approval of the Review Board,"; and
(c) adding "Review" immediately before "Board" in the last line.
(10) Subsection 49(14) of Chapter 260 is amended by adding "Review" immediately before "Board" in the first line.
79 Section 50 of Chapter 260 is amended by
(a) striking out "The Board, with the approval of the" in the first line and substituting "The";
(b) striking out "Board" in the second line of clause (i) and substituting "Minister of Environment and Labour";
(c) adding "Review" immediately before "Board" in the second line of clause (j);
(d) striking out "Board" in the third line of clause (k) and substituting "Minister of Environment and Labour"; and
(e) adding "Minister of Environment and Labour and the Review" immediately before "Board" in the fourth line of clause (m).
80 (1) Subsections 61(2) to (5) of Chapter 260 are amended by adding "Review" immediately before "Board" wherever it appears.
(2) Subsection 61(6) of Chapter 260 is amended by striking out "Board" in the first line and substituting "Governor in Council".
81 Subsection 62(2) of Chapter 260 is amended by
(a) striking out "Commission" in the fourteenth line and substituting "Review Board"; and
(b) striking out "signed by the Chief Commissioner of the Commission" in the twenty-first and twenty-second lines.
82 Sections 63 to 65 of Chapter 260 are repealed and the following Sections substituted:
63 (1) The Review Board may, subject to this Act and the regulations, grant a permit to a brewer, distiller or vintner authorizing the distiller, brewer or vintner to keep for sale and sell liquor to the Commission.
(2) Subject to this Act and the regulations, the Review Board may include terms and conditions in a permit issued pursuant to this Section.
(3) The Governor in Council may make regulations respecting the transportation, delivery and storage of liquor by a permit holder.
(4) The exercise by the Governor in Council of the authority contained in subsection (3) is regulations within the meaning of the Regulations Act.
64 The Review Board may, for any cause that it deems sufficient with or without a hearing, cancel or suspend, in the manner prescribed by the regulations, any permit granted to a brewer, distiller or vintner, and the right of the brewer, distiller or vintner to sell or deliver liquor, beer or wine thereunder shall be suspended or determined as the case may be.
65 The decision of the Review Board pursuant to Section 64 is final.
83 Subsection 67(6) of Chapter 260 is amended by striking out "veterinary" in the first line, in the fourth line, in the seventh and eighth lines and in the tenth line and substituting in each case "veterinarian".
84 Subsection 72(1) of Chapter 260 is amended by striking out "under the hand of the Chief Commissioner" in the seventh and eighth lines.
85 (1) Subsection 82(1) of Chapter 260 is amended by
(a) adding "Review" immediately before "Board" in the first line; and
(b) adding "or employee of the Department having any responsibilities under this Act" immediately after "Board" in the first line.
(2) Subsection 82(2) of Chapter 260 is amended by
(a) adding "Review" immediately before "Board" in the first line; and
(b) adding "or employee of the Department having any responsibilities under this Act" immediately after "Board" in the first line.
(3) Subsection 82(3) of Chapter 260 is amended by
(a) adding "Review" immediately before "Board" in the fourth line; and
(b) adding "or employee of the Department having any responsibilities under this Act" immediately after "Board" in the fourth line.
PART IX
MUNICIPAL GOVERNMENT ACT
86 Sections 128 and 129 of Chapter 18 of the Acts of 1998, the Municipal Government Act, are repealed and the following Sections substituted:
128 (1) In this Section and Section 129, "security interest" has the same meaning as in the Personal Property Security Act.
(2) Where personal property, other than a mobile home, is taken or repossessed pursuant to a security interest and sold, or is sold under execution, other legal process or court order, the proceeds of the sale are first liable for any taxes that have been levied by the municipality in which the personal property was situate when taken with respect to the business occupancy assessment of the owner or person who was in possession of the personal property.
(3) A municipality shall issue a tax certificate binding on the municipality, on request, stating the taxes referred to in subsection (2).
(4) The holder of a security interest, sheriff or other person selling the personal property may pay the business occupancy taxes before or after the sale and add them to the amount claimed.
(5) The holder of a security interest, sheriff or other person selling the personal property shall pay the taxes out of the proceeds of the sale and is personally liable to the municipality for the business occupancy taxes to the extent of the total proceeds of the sale less the costs of conducting the sale.
(6) Where personal property, other than a mobile home, is taken or repossessed pursuant to a security interest and is not sold within six months of the taking or repossession, the holder of the security interest is personally liable to the municipality in which the property was situate when taken for the taxes levied with respect to the business occupancy assessment of the owner or the person who was in possession of the personal property.
129 (1) Where a mobile home is taken or repossessed pursuant to a security interest and sold, or is sold under execution, other legal process or court order, the proceeds of the sale are first liable for any taxes that have been levied with respect to the mobile home by the municipality in which the mobile home was situate when taken.
(2) The holder of a security interest, sheriff or other person selling the mobile home may pay the taxes before or after the sale and add them to the amount claimed.
(3) The holder of a security interest, sheriff or other person selling the mobile home shall pay the taxes out of the proceeds of the sale and is personally liable to the municipality for the taxes to the extent of the total proceeds of the sale less the costs of conducting the sale.
(4) Where a mobile home is taken or repossessed pursuant to a security interest and is not sold within six months of the taking or repossession, the holder of the security interest is personally liable to the municipality for the taxes levied with respect to the mobile home by the municipality in which the mobile home was situate when taken.
(5) Any lien for taxes against a mobile home taken or repossessed pursuant to a security interest and sold within six months of the taking or repossession, or sold under execution, other legal process or court order is discharged by the sale if this Section has been followed.
129A (1) Where real property is taken or sold under execution, other legal process or court order, the proceeds of the sale are first liable for any taxes that have been levied with respect to the property.
(2) The holder of the security interest, sheriff or other person selling the property shall pay the taxes out of the proceeds of the sale and is personally liable to the municipality for the real property taxes to the extent of the total proceeds of the sale less the costs of conducting the sale.
PART X
OCCUPATIONAL HEALTH AND SAFETY ACT
87 Clause 3(l) of Chapter 7 of the Acts of 1996, the Occupational Health and Safety Act, is amended by striking out "Executive" in the first line.
88 Subsection 11(1) of Chapter 7 is amended by striking out "Executive" in the second line.
PART XI
PAY EQUITY ACT
89 Section 8 of Chapter 337 of the Revised Statutes, 1989, the Pay Equity Act, is amended by striking out "Executive Director" in the second line and substituting "administrator."
PART XII
PROVINCIAL COURT ACT
90 Subsection 6(4) of Chapter 238 of the Revised Statutes, 1989, the Provincial Court Act, is repealed.
91 Sections 16 and 17 of Chapter 238 are repealed and the following Sections substituted:
16 (1) Subject to Section 17T, a Judicial Council is hereby established for the purpose of this Act consisting of
(a) the Chief Justice of Nova Scotia, who shall be the Chair of the Council;
(b) the Chief Judge of the Provincial Court;
(c) the Chief Judge of the Family Court or, where the Family Court no longer exists, the Associate Chief Judge of the Provincial Court;
(d) two judges of the Provincial Court or Family Court appointed by the Nova Scotia Provincial Court Judges' Association;
(e) the President of the Nova Scotia Barristers' Society;
(f) a practising member of the Nova Scotia Barristers' Society appointed by the Council of the Society and who has a minimum of five years as a practising member; and
(g) two persons other than lawyers or retired lawyers, judges or retired judges of any court appointed by the Attorney General of Nova Scotia.
(2) Where a member of the Judicial Council is unable to carry out the duties of a member because of illness, a conflict of interest or any other cause, the member may be replaced for such time period as is considered necessary
(a) in the case of the Chief Justice of Nova Scotia, by the Chief Justice of the Supreme Court or an Associate Chief Justice of that Court designated by the Chief Justice of Nova Scotia;
(b) in the case of the Chief Judge of the Family Court, by the Associate Chief Judge of the Family Court or a judge of that Court designated by the Chief Judge;
(c) in the case of the Chief Judge of the Provincial Court, by the Associate Chief Judge or a judge of that Court designated by the Chief Judge;
(d) in the case of the Associate Chief Judge of the Provincial Court, by a judge of the Provincial Court designated by the Associate Chief Judge;
(e) in the case of a judge appointed pursuant to clause (d) of subsection (1), by another judge of the Family Court or the Provincial Court appointed for that purpose by the Nova Scotia Provincial Court Judges' Association;
(f) in the case of the President of the Nova Scotia Barristers' Society or a member appointed pursuant to clause (f) of subsection (1), by another member of the Society appointed for that purpose by the Council of the Society; and
(g) in the case of a person appointed pursuant to clause (g) of subsection (1), by another person appointed for that purpose by the Attorney General.
(3) Subject to subsection (4), members appointed pursuant to clauses (d), (f) and (g) of subsection (1) hold office for terms of three years and may be re-appointed but shall not be appointed for more than two successive terms.
(4) Notwithstanding subsection (3),
(a) one of the first members appointed pursuant to clause (d) of subsection (1) after the coming into force of this Section shall be appointed for a term of four years; and
(b) one of the first members appointed pursuant to clause (g) of subsection (1) after the coming into force of this Section shall be appointed for a term of two years.
17 (1) The Judicial Council may
(a) receive a complaint;
(b) investigate a complaint;
(c) resolve a complaint;
(d) dismiss a complaint;
(e) adjudicate a complaint;
(f) retain counsel;
(g) hold hearings;
(h) delegate its functions to a committee or a member of the Judicial Council;
(i) determine its own procedures and any procedures governing a review committee.
(2) The Judicial Council shall order the payment by Her Majesty in right of the Province of the reasonable legal fees incurred by a judge in proceedings before a review committee or the Judicial Council, as determined by the Judicial Council in accordance with the regulations, unless the judge is convicted of an offence contrary to the Criminal Code (Canada) in relation to the same circumstances that gave rise to the complaint.
17A (1) A complaint against a judge of the Provincial Court or the Family Court shall be made in writing by any person to
(a) the Chief Judge of the Provincial Court in the case of a complaint against a Judge of the Provincial Court; or
(b) the Chief Judge of the Family Court in the case of a complaint against a Judge of the Family Court.
(2) A complaint against the Chief Judge or Associate Chief Judge of the Provincial Court shall be made in writing to the Chief Judge of the Family Court or, in the absence of the Chief Judge of the Family Court, to the Chief Justice of Nova Scotia, in which case the Chief Justice has the powers and duties of the Chief Judge pursuant to Section 17B.
(3) A complaint against the Chief Judge or Associate Chief Judge of the Family Court shall be made in writing to the Chief Judge of the Provincial Court or, in the absence of the Chief Judge of the Provincial Court, to the Chief Justice of Nova Scotia, in which case the Chief Justice has the powers and duties of the Chief Judge pursuant to Section 17B.
(4) When a complaint is made against a judge of either the Provincial Court or the Family Court and the matter that gives rise to the complaint is ongoing before the judge who is the subject of the complaint, the person to whom the complaint is made pursuant to subsections (1) to (3) may defer dealing with the complaint until the conclusion of the proceedings before the judge.
17B (1) The Chief Judge to whom a complaint is made pursuant to Section 17A may
(a) dismiss the complaint and provide written reasons to the complainant if
(i) the complaint is not within the jurisdiction of the Judicial Council,
(ii) the Chief Judge considers the complaint to be frivolous or vexatious, or
(iii) there is no evidence to support the complaint;
(b) attempt to resolve the complaint;
(c) refer the complaint to the Judicial Council together with a recommendation that the complaint
(i) be dismissed,
(ii) be resolved with the agreement of the judge, or
(iii) be referred to a review committee for further investigation.
(2) Any discussions between the Chief Judge and the judge complained of respecting the complaint are confidential and shall not be disclosed by the Chief Judge to the Judicial Council.
17C Upon receipt of a recommendation made pursuant to clause (d) of subsection (1) of Section 17B, the Judicial Council may either accept the recommendation of the Chief Judge, and advise the complainant and the Judge in writing, or empanel a review committee.
17D (1) The Chief Judge of the Family Court may, at any time, without a complaint having been made, review any matter respecting the conduct or fitness for office of a judge of the Family Court and may refer the matter in writing to the Judicial Council.
(2) The Chief Judge of the Provincial Court may, at any time, without a complaint having been made, review any matter respecting the conduct or fitness for office of a judge of the Provincial Court and may refer the matter in writing to the Judicial Council.
(3) The Chief Justice of Nova Scotia may, at any time, without a complaint having been made, review any matter respecting the conduct or fitness for office of the Chief Judge or Associate Chief Judge of the Family Court or the Chief Judge or Associate Chief Judge of the Provincial Court and may refer the matter in writing to the Judicial Council.
17E Upon receipt of a referral made pursuant to Section 17D, the Chair of the Judicial Council shall empanel a review committee.
17F A review committee shall consist of
(a) one member of the Judicial Council appointed pursuant to clause (d) of subsection (1) of Section 16;
(b) one member of the Judicial Council appointed pursuant to either clause (e) or (f) of subsection (1) of Section 16; and
(c) one member of the Judicial Council appointed pursuant to clause (g) of subsection (1) of Section 16.
17G The review committee shall investigate the complaint and may
(a) dismiss the complaint;
(b) resolve the complaint with the agreement of the judge; or
(c) refer the complaint to a hearing before the Judicial Council.
17H A quorum of the Judicial Council for hearing complaints is five persons
(a) one of whom must be the Chief Justice of Nova Scotia who shall be the Chair;
(b) one of whom must be a member referred to clause (b) or (c) of subsection (1) of Section 16;
(c) one of whom must be a member appointed pursuant to clause (d) of subsection (1) of Section 16;
(d) one of whom must be a member referred to in clause 16(1)(e) or appointed pursuant to clause (f) of subsection (1) of Section 16; and
(d) one of whom must be a member appointed pursuant to clause (g) of subsection (1) of Section 16.
17I (1) Notwithstanding clause (b) of Section 17H, where the complaint referred to the Judicial Council is against a judge of the Provincial Court, neither the Chief Judge nor the Associate Chief Judge of the Provincial Court shall participate in the hearing.
(2) Notwithstanding clause (b) of Section 17H, where the complaint referred to the Judicial Council is against a judge of the Family Court, neither the Chief Judge nor the Associate Chief Judge of the Family Court shall participate in the hearing.
17J Where the Judicial Council determines that the desirability of holding an open hearing is outweighed by the desirability of maintaining confidentiality, it may hold all or part of the hearing in private.
17K Following the hearing of a complaint, the quorum of the Judicial Council that heard the complaint may
(a) dismiss the complaint;
(b) require the judge to take a leave of absence with pay for the purpose of obtaining counseling, remedial treatment or instruction;
(c) require the judge to obtain counseling, remedial treatment or instruction;
(d) impose such other non-monetary sanctions including reprimand, as the Council considers appropriate in the circumstances; or
(e) recommend that the judge be removed from office if, in the opinion of the Judicial Council, the judge in respect of whom an inquiry or investigation has been made is unable to duly execute the function of the judge's office by reason of
(i) age or infirmity,
(ii) having been guilty of misconduct,
(iii) having failed in the due execution of that office, or
(iv) having been placed, by the judge's conduct or otherwise, in a position incompatible with the due execution of that office.
17L A recommendation for removal from office shall be made to the Attorney General.
17M The Governor in Council may, by order, after receipt of a report by the Judicial Council containing a recommendation that a judge be removed from office, and on the recommendation of the Attorney General, remove the judge from office.
17N A decision of the Judicial Council shall be in writing.
17O The decision of the Judicial Council shall be provided to the complainant, the judge who is the subject of the complaint and the Attorney General.
17P The Judicial Council has all the powers, privileges and immunities of a commissioner appointed pursuant to the Public Inquiries Act.
17Q The decision of the Judicial Council shall be made public by placing it in a file at a location to be determined by the Judicial Council.
17R The Judicial Council shall prepare an annual report that shall be submitted to the Attorney General.
17S (1) The Governor in Council may make regulations regarding payment of reasonable legal fees incurred by a judge in proceedings before the review and hearing committees.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.
17T (1) The Attorney General may enter into an agreement on terms and conditions set out in the Schedule to this Act with the government of any province of Canada to provide for the joint establishment and operation of a joint judicial council in place of the Judicial Council established pursuant to Section 16.
(2) The agreement referred to in subsection (1) comes into force on such day as the Governor in Council orders, at which time the Judicial Council established pursuant to Section 16 shall
(a) receive no further complaints; and
(b) continue to deal with any complaints of which it is seized, subject to the procedures and requirements set out in Sections 17 to 17Q,
and, after having dealt with those complaints, that Judicial Council shall cease operating.
(3) For such time as the agreement referred to in subsection (1) is in force, any complaints that would otherwise have been dealt with by the Judicial Council appointed pursuant to Section 16 shall be dealt with by the joint judicial council and that council has the powers, duties and functions contemplated or described in the Schedule to this Act.
92 Chapter 238 is further amended by adding the following Schedule after Section 23:
SCHEDULE
Joint Judicial Council
1 (1) The Minister of Justice may enter into an agreement with any other province to provide for the joint establishment of a judicial council.
(2) An agreement made pursuant to subsection (1) shall specify
(a) the parties to the agreement;
(b) the composition of the joint judicial council and the manner in which members are appointed and the terms of office of members;
(c) the duties and responsibilities of members, including the Chair of the joint judicial council;
(d) any power of the joint judicial council to employ an executive secretary and other staff and to maintain offices and the location of the secretary, staff and offices;
(e) any power of the joint judicial council to retain or employ counsel;
(f) the jurisdiction of the joint judicial council; and
(g) the manner in which the costs of the joint judicial council will be apportioned between the parties.
(3) The joint judicial council may
(a) receive a complaint;
(b) investigate a complaint;
(c) resolve a complaint;
(d) dismiss a complaint;
(e) adjudicate a complaint;
(f) retain counsel;
(g) hold hearings;
(h) delegate its functions to a committee or a member of the Judicial Council;
(i) determine its own procedures governing the hearing and review committees;
(j) delegate to the executive secretary the ability to receive and review complaints and to
(ii) dismiss the complaint on the grounds that it is frivolous or vexatious and advise the complainant of this in writing, and
(iii) refer the complaint to the Chief Judge of the Court in which the judge who the complaint relates to presides for review;
(k) determine the composition and functions of a review committee.
(4) The joint judicial council shall order the payment by Her Majesty in right of the Province of the reasonable legal fees incurred by a judge in proceedings before a review committee or the joint judicial council as determined by the joint judicial council in accordance with the regulations unless the judge is convicted of an offence contrary to the Criminal Code (Canada) in relation to the same circumstances that gave rise to the complaint.
(5) The Chief Judge referred to in subclause (ii) of clause (j) of subsection (3) shall review the complaint and
(a) attempt to resolve the complaint; and
(b) refer the complaint to the joint judicial council together with a recommendation that the complaint
(i) be dismissed,
(ii) be resolved with the agreement of the judge, or
(iii) be referred to a review committee for investigation.
(6) Where the complaint is against a Chief Judge or Associate Chief Judge of a Court, the Chief Justice of the Province in which the complaint arose shall take the place of the Chief Judge referred to in subclause (ii) of clause (j) of subsection (3) for the purpose of this Section.
(7) Any discussions between the Chief Judge and the judge complained of respecting the complaint are confidential.
(8) Upon receipt of a recommendation of the Chief Judge pursuant to subsection (5), the Chair of the joint judicial council shall empanel a review committee to consider the complaint.
(9) The review committee may
(a) dismiss the complaint;
(b) resolve the complaint with the agreement of the judge; or
(c) refer the complaint to the joint judicial council for a hearing.
(10) After a hearing, the joint judicial council may
(a) dismiss the complaint;
(b) require the judge to take a leave of absence with pay for the purpose of obtaining counselling, remedial treatment or instruction;
(c) require the judge to obtain counselling, remedial treatment or instruction;
(d) impose such other non-monetary sanctions, including reprimand, as the joint judicial council considers appropriate in the circumstances; or
(e) recommend the removal of the judge from office.
2 A recommendation for removal from office shall be made to the Attorney General if, in the opinion of the joint judicial council, a judge in the Province in respect of whom a complaint was made is unable to duly execute the function of the judge's office by reason of
(a) age or infirmity;
(b) having been guilty of misconduct;
(c) having failed in the due execution of that office; or
(d) having been placed, by the judge's conduct or otherwise, in a position incompatible with the due execution of that office.
3 The Governor in Council may, by order, after receipt of a report by the joint judicial council containing a recommendation that a judge appointed by the Province should be removed from office and, on the recommendation of the Minister of Justice, remove the judge from office.
4 Where the joint judicial council determines that the desirability of holding an open hearing is outweighed by the desirability of maintaining confidentiality, it may hold all or part of the hearing in private.
5 A decision of the joint judicial council shall be in writing.
6 The decision of the joint judicial council shall be provided to the complainant, the judge who is the subject of the complaint and the Minister of Justice for the province in which the complaint originated.
7 The decision of the joint judicial council shall be made public by placing it in a file at a location to be determined by the council.
8 The joint judicial council shall prepare an annual report which shall be submitted to the Attorney General of each province.
9 The joint judicial council has all the powers, privileges and immunities of a commissioner appointed pursuant to the Public Inquiries Act.
10 (1) The Governor in Council may make regulations regarding the payment of reasonable legal fees incurred by a judge in proceedings before a review committee or the joint judicial council.
(2) The exercise of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.
PART XIII
SMALL CLAIMS COURT ACT
93 (1) Subsection 29(1) of Chapter 430 of the Revised Statutes, 1989, the Small Claims Court Act, as amended by Chapter 33 of the Acts of 1994, is further amended by
(a) striking out "thirty" in the second line and substituting "sixty"; and
(b) striking out "five" in the third line of subclause (a)(ii) and substituting "ten".
(2) Section 29 of Chapter 430 is further amended by adding immediately after subsection (2) the following subsection:
(3) Notwithstanding that an adjudicator's term of appointment has expired, the adjudicator may make an order pursuant to subsection (1) respecting a claim or counterclaim that the adjudicator heard before the expiry of that term.
PART XIV
SUMMARY PROCEEDINGS ACT
94 Section 2B of Chapter 450 of the Revised Statutes, 1989, the Summary Proceedings Act, as enacted by Chapter 46 of the Acts of 1990, is amended by adding immediately after subsection (3) the following subsections:
(4) Where a peace officer believes that an offence against an enactment has been committed or is suspected to have been committed and that it would be impracticable to appear personally before a justice to apply for a warrant, the peace officer may submit an information on oath by telephone or other means of telecommunication to a justice designated for that purpose by the Chief Judge of the Provincial Court.
(5) An information submitted by telephone or other means of telecommunication must be on oath and must be recorded word for word by the justice, who must, as soon as reasonably possible, cause the record or a transcription of it, certified by the justice as to time, date and contents, to be filed with the clerk of the court.
(6) An information on oath submitted by telephone or other means of telecommunication must include
(a) a statement of the circumstances that make it impracticable for the peace officer to appear personally before a justice;
(b) a statement of the offence alleged, the place or premises to be searched and the items alleged to be liable to seizure;
(c) a statement of the peace officer's grounds for believing that the items liable to seizure in respect of the offence alleged will be found in the place or premises to be searched; and
(d) a statement as to any prior application for a warrant under this Section or any other search warrant, in respect of the same matter, of which the peace officer has knowledge.
(7) A justice who is satisfied that an information submitted pursuant to subsections (4) to (6)
(a) concerns an offence punishable on conviction under an enactment;
(b) conforms to the requirements of subsection (6);
(c) discloses reasonable grounds for dispensing with an information presented personally and in writing; and
(d) discloses reasonable grounds, in accordance with subsection (1), for the issuance of a warrant in respect of an offence,
may issue a warrant to a peace officer that
(e) confers the same authority respecting search and seizure as may be conferred by a warrant issued under subsection (1); and
(f) requires the warrant to be executed within a period of time that the justice may order.
(8) Where a justice issues a warrant by telephone or other means of telecommunication,
(a) the justice shall complete and sign the warrant in the form prescribed in the regulations, noting on its face the time, date and place where it is issued;
(b) the peace officer, on the direction of the justice, shall complete, in duplicate, a facsimile of the warrant referred to in clause (a), noting on its face the name of the justice who issued it and the time, date and place where it was issued; and
(c) the justice shall, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court.
(9) A peace officer who executes a warrant issued by telephone or other means of telecommunication shall, before entering the place or premises to be searched or as soon as practicable after entering, give a facsimile of the warrant to any person present who appears to be in control of the place or premises.
(10) A peace officer who, in any unoccupied place or premises, executes a warrant issued by telephone or other means of telecommunication shall, on entering the place or premises or as soon as practicable after entering, cause a facsimile of the warrant to be suitably affixed in a prominent place within the place or premises.
(11) A peace officer to whom a warrant is issued by telephone or other means of telecommunication shall file a written report with the clerk of the court as soon as reasonably possible but within a period not longer than seven days after the warrant has been executed, and the report shall include
(a) a statement of the time and date the warrant was executed or, if the warrant was not executed, a statement of the reasons why it was not executed;
(b) a statement of the things, if any, that were seized under the warrant and the location where they are being held; and
(c) a statement of the things, if any, that were seized in addition to the things mentioned in the warrant and the location where they are being held, together with a statement of the peace officer's grounds for believing that those additional things had been obtained by, or used in, the commission of an offence.
(12) As soon as reasonably possible, the clerk of the court with whom a written report is filed under subsection (11) shall cause the report, together with the information on oath and the warrant to which it pertains, to be brought before a justice to be dealt with under Section 2F.
(13) In any proceeding in which it is material for a court to be satisfied that a search or seizure was authorized by a warrant issued by telephone or other means of telecommunication, the absence of the information on oath, transcribed and certified by the justice as to time, date and contents, or of the original warrant, signed by the justice and carrying on its face a notation of the time, date and place of issuance, is, in the absence of evidence to the contrary, proof that the search or seizure was not authorized by a warrant issued by telephone or other means of telecommunication.
95 (1) Subsection 9(5) of Chapter 450 is amended by adding "or partial payment" immediately after "payment" in the second line.
(2) Section 9 is further amended by adding immediately after subsection (5) the following subsection:
(6) For greater certainty, a conviction entered upon receipt of a summons with the partial payment of an out-of-court penalty pursuant to subsection(5) does not relieve the person convicted of the obligation to pay the balance remaining of the out-of-court penalty.
PART XV
TAXING MASTERS ACT
96 Chapter 459 of the Revised Statutes, 1989, the Taxing Masters Act, is repealed.
97 Notwithstanding the repeal of the Taxing Masters Act, those persons who hold appointments as the Taxing Master or taxing masters pursuant to that Act immediately before the coming into force of this Act are appointed as adjudicators of the Small Claims Court of Nova Scotia until such time as they resign or those appointments are revoked by the Governor in Council, only for the purpose of conducting taxations of bills for fees, costs, charges or disbursements pursuant to the Barrister and Solicitors Act, notwithstanding that they may not hold the qualifications otherwise required pursuant to subsection 6(3) of the Small Claims Court Act.
PART XVI
THEATRES AND AMUSEMENTS ACT
98 Section 2 of Chapter 466 of the Revised Statutes, 1989, the Theatres and Amusements Act, is amended by
(a) repealing clause (b);
(b) adding immediately after clause (c) the following clause:
(ca) "Department" means the Department of Environment and Labour;
and
(c) adding immediately after clause (e) the following clause:
(ea) "Minister" means Minister of Environment and Labour;
99 (1) Subsection 5(1) of Chapter 466 is repealed.
(2) Subsection 5(5) of Chapter 466 is repealed and the following subsection substituted:
(5) There is an appeal from a decision of the Minister to the Utility and Review Board, and subject to the conditions prescribed by regulation of the Governor in Council.
(3) Subsection 5(10) of Chapter 466 is amended by
(a) striking out "members of the Board and the" in the first line; and
(b) striking out "salaries" in the second line and substituting "salary".
100 Subsection 26(2) of Chapter 466 is repealed and the following subsection substituted:
101 Chapter 466 is further amended by
(a) striking out "Board" wherever that word appears in Chapter 466 and substituting in each case "Minister"; and
(b) striking out "its" wherever that word appears in Chapter 466 and substituting in each case "the Minister's".
PART XVII
EFFECTIVE DATES
102 (1) Sections 2 and 3 and Section 4, in so far as it enacts Section 52A of the Assessment Act, have effect on and after January 1, 1999.(2) Section 4, in so far as it enacts Section 52B of the Assessment Act, has effect on and after January 1, 2000.
(3) Sections 7, 11 to 16, 19 to 22, 25 to 85 and 95 to 101 come into force on such day as the Governor in Council orders and declares by proclamation.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2000 Crown in right of Nova Scotia. Created December 1, 2000. Send comments to legc.office@gov.ns.ca.
