BILL NO. 28
(as introduced)
1st Session, 59th General Assembly
Nova Scotia
52 Elizabeth II, 2003
Commissioner on Resources and Environment Act
John MacDonell
Hants East
First Reading: October 24, 2003
Second Reading:
Third Reading:
An Act Respecting the Appointment
and Duties of a Commissioner
on Resources and Environment
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Commissioner on Resources and Environment Act.
2 In this Act, "Commissioner" means the Commissioner on Resources and Environment appointed pursuant to this Act.
(a) to be appointed by the Standing Committee on Human Resources of the House of Assembly; and
(b) a public officer reporting to the House of Assembly.
(2) The Commissioner holds office for a term of five years and may be re-appointed.
(3) Subject to this Section and Section 14, the Governor in Council may establish the remuneration and other terms of employment of the Commissioner.
(4) The Public Service Superannuation Act applies to the Commissioner as an employee.
(5) The Commissioner has the status of a deputy head.
4 (1) Subject to Section 14, a Deputy Commissioner and other employees necessary to carry out the powers and duties of the Commissioner may be appointed under the Civil Service Act.
(2) Subject to Section 14, the Commissioner may engage or retain specialists or consultants that the Commissioner considers necessary to carry out the powers and duties of the office and may determine their remuneration.
(3) The Civil Service Act does not apply to the retention, engagement or remuneration of specialists or consultants referred to in subsection (2).
5 (1) The Commissioner may delegate any of the Commissioner's powers or duties, except the power to delegate a power or duty under this Section or to make a recommendation or report under this Act, to any person or class of persons appointed, engaged or retained under Section 4.
(2) A person appointed, engaged or retained under Section 4 has only those powers of the Commissioner that are specified in the delegation under subsection (1), and the Commissioner continues to have all the powers and duties that are delegated to others under this Section.
(3) A delegation under subsection (1) shall be in writing and is subject to the terms and conditions the Commissioner specifies in the delegation.
(4) A delegation under subsection (1) does not cease only because the Commissioner who made the delegation ceases to hold office.
(5) A person acting under a power or duty delegated under subsection (1) shall, if so requested, show a copy of the written authority under which the delegation was made.
6 (1) The Commissioner shall advise the House of Assembly in an independent manner on land-use and related resource and environmental issues in the Province and on the need for legislation, policies and practices respecting these issues.
(2) Where the Commissioner considers that the public interest will be best served by making a report to the public on a land-use and related resources or environmental issue in the Province or on the need for legislation or a policy or practice respecting such an issue, the Commissioner shall make a report to the public in the manner the Commissioner considers most appropriate.
(3) Notwithstanding subsection (2), the Commissioner shall report annually to the House of Assembly on the exercise of the Commissioner's functions under this Act.
7 (1) The Commissioner shall develop for public and Government of the Province consideration a Province-wide strategy for land-use and related resource and environmental management.
(2) The Commissioner shall facilitate the development and implementation and monitor the operation of
(a) regional planning processes to define the uses to which areas of the Province may be put;
(b) community-based participatory processes to consider land-use and related resource and environmental management issues; and
(c) a dispute-resolution system for land-use and related resource and environmental issues in the Province.
(3) The Commissioner shall work to ensure effective and integrated management of the resources and environment of the Province by
(a) facilitating the co-ordination of initiatives within the Government of the Province; and
(b) encouraging the participation of the Mi'kmaq peoples in all processes affecting Mi'kmaq peoples that relate to the Commissioner's mandate and by maintaining strong links with negotiations on aboriginal treaties.
(4) The work of the Commissioner and the participation of Mi'kmaq peoples under this Act is to be without prejudice to their aboriginal rights and to treaty negotiations.
(5) In carrying out the mandate under this Section, the Commissioner shall give due consideration to
(a) economic, environmental and societal interests;
(b) local, Provincial and federal governmental responsibilities; and
8 Where the Commissioner believes that a person or group will be significantly and directly affected by a land-use issue or related resource or environmental issue under consideration by the Commissioner, the Commissioner shall inform that person or group and give that person or group an opportunity to make representations to the Commissioner on the issue before the development of the recommendation or report.
9 (1) The Commissioner may conduct hearings for the purpose of this Act and determine the procedures to be followed for the purpose of these hearings.
(2) No person is entitled to a hearing by the Commissioner under this Act except as provided by this Act.
(3) For the purpose of this Section, the Commissioner has all the powers, privileges and immunities of a commissioner appointed pursuant to the Public Inquiries Act.
(4) The Commissioner may receive or accept evidence, under oath or otherwise, whether or not it would be admissible in a court of law.
(5) At a hearing before the Commissioner, a person has the same privileges respecting the giving of information, the answering of questions or the production of documents or things as that person would have in a proceeding in a court.
(6) Evidence given by a person in a hearing before the Commissioner is inadmissible, in so far as the laws of the Province apply, against that person at a later date in any court or proceeding of a judicial nature, except in a prosecution of an offence under this Act or in an application for judicial review.
10 (1) The Commissioner, or a person appointed, engaged or retained under Section 4, shall not, in so far as the laws of the Province apply, give, or be compelled to give, evidence in a court or in court proceedings of a judicial nature concerning knowledge gained in the exercise of a power or duty under this Act.
(2) Subsection (1) does not apply to an offence under Section 13.
11 (1) No action for damages lies or may be brought against the Commissioner, or any person appointed, engaged or retained under Section 4, because of anything done or omitted in good faith
(a) in the performance or intended performance of any duty under this Act; or
(b) in the exercise or intended exercise of any power under this Act.
(2) Subsection (1) does not absolve the Government of the Province from vicarious liability for an act or omission for which it would be vicariously liable if this Section were not in force.
12 (1) Each year the Commissioner shall give to the Speaker a report to the House of Assembly concerning the Commissioner's activities under this Act since the last report was made under this Section.
(2) The Speaker shall lay the report before the House of Assembly as soon as practicable.
13 (1) A person commits an offence if the person
(a) impedes the exercise of a power or the performance of a duty under this Act; or
(b) refuses or fails to comply with an order or summons under subsection 9(3).
(2) Where a corporation commits an offence under subsection (1), an employee, officer, director or agent of the corporation who authorizes, permits or acquiesces in the offence commits the same offence whether or not the corporation is convicted of the offence.
(3) The Summary Proceedings Act applies to an offence under this Act.
14 The moneys required for the purpose of this Act shall be paid out of moneys appropriated by the Legislature for that purpose.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2003 Crown in right of Nova Scotia. Created October 24, 2003. Send comments to legc.office@novascotia.ca.
