BILL NO. 47
(as introduced)
1st Session, 59th General Assembly
Nova Scotia
53 Elizabeth II, 2004
Council of Atlantic Premiers Act
The Honourable John F. Hamm, M.D.
Premier
First Reading: April 15, 2004
Second Reading:
Third Reading:
An Act to Establish the
Council of Atlantic Premiers
WHEREAS Nova Scotia, New Brunswick, Newfoundland and Labrador and Prince Edward Island desire to promote unity of purpose amongst their respective governments;
AND WHEREAS they wish to enhance existing mechanisms for co-operation amongst the governments of the four provinces and their agencies;
AND WHEREAS the four provinces are committed to establishing the framework for joint development of a regional approach to national issues;
AND WHEREAS Nova Scotia, New Brunswick and Prince Edward Island have operated the Council of Maritime Premiers under an agreement dated May 25, 1971;
AND WHEREAS by an agreement dated May 15, 2000, the premiers of the four provinces agreed to general principles for the operation of a Council of Atlantic Premiers for the purpose of pursuing the objectives herein recited;
AND WHEREAS it is desirable to enact legislation in each of the four provinces respecting the continuation of the Council of Maritime Premiers as the Council of Atlantic Premiers;
THEREFORE be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Council of Atlantic Premiers Act.
(a) "Agreement" means an agreement amongst the Atlantic Provinces referred to in Section 3;
(b) "Atlantic Provinces" means the Provinces of Nova Scotia, New Brunswick, Newfoundland and Labrador and Prince Edward Island;
(c) "Council" means the Council of Atlantic Premiers continued pursuant to this Act, except where it is part of a reference to the Council of Maritime Premiers;
(d) "former Act" means Chapter 105 of the Revised Statutes, 1989, the Council of Maritime Premiers Act;
(e) "parties" means Her Majesty in right of each of the Atlantic Provinces represented by Her respective lieutenant governors in council;
(f) "Secretariat" means the Council of Atlantic Premiers Secretariat continued pursuant to this Act.
(a) enter into an agreement with the lieutenant governors in council of the Provinces of New Brunswick, Newfoundland and Labrador and Prince Edward Island for the continuation of the Council of Maritime Premiers as a body to be known as the Council of Atlantic Premiers and composed of the premiers of the Atlantic Provinces; and
(b) agree, from time to time, with the lieutenant governors in council of the Provinces of New Brunswick, Newfoundland and Labrador and Prince Edward Island to amend an Agreement.
(a) authorize the Council to do or cause to be done, on behalf of the parties, any or all such things as the parties are otherwise empowered to do and consider necessary or ancillary to the attainment of the objectives set forth in the preamble to this Act;
(b) provide for the financing of the operations of the Council and the Secretariat by the parties and for cost-sharing arrangements;
(c) provide for administrative and logistical support to the Council by a Secretariat; and
(d) contain such other provisions as may be necessary or desirable to provide for the administration of the Council and for its operations.
(2) The Agreement may also provide that the premiers of the Provinces of Nova Scotia, New Brunswick and Prince Edward Island may, without the agreement of the Premier of Newfoundland and Labrador,
(a) act under the name "Council of Maritime Premiers" with respect to any matters that continue or arise as a result of the former Act and equivalent legislation in New Brunswick and Prince Edward Island and that relate to the Province and those provinces but not to Newfoundland and Labrador; and
(b) carry out the powers, functions and duties of the Council of Maritime Premiers under the Maritime Provinces Harness Racing Commission Act and the Maritime Provinces Higher Education (Nova Scotia) Act and equivalent legislation in New Brunswick and Prince Edward Island,
and any reference to the Council of Maritime Premiers in those Acts or in any other enactment is a reference to those premiers while the Agreement is in force.
(3) The Agreement may also provide for cost-sharing arrangements between Her Majesty in right of the Provinces of Nova Scotia, New Brunswick and Prince Edward Island with respect to dealings undertaken pursuant to subsection (2).
5 The fiscal year of the Council shall commence on April 1st in each year and end on March 31st in the year next following.
6 The Council shall prepare an annual budget which shall be submitted to the Governor in Council.
7 If the annual budget is approved by the lieutenant governors in council in each of the Atlantic Provinces, there shall be introduced in the House of Assembly, a resolution or resolutions for an appropriation or appropriations to enable the Province to meet its share of the budget.
8 Each year the Council shall prepare and publish a report on its activities in the preceding year.
9 (1) An Agreement or any amendment thereto made under this Act when the House of Assembly is sitting shall be tabled during that sitting.
(2) An Agreement or any amendment thereto made under this Act when the House of Assembly is not sitting shall be tabled at the next following sitting.
10 The agreement dated May 15, 2000, between the premiers of the Atlantic Provinces respecting the Council of Atlantic Premiers is deemed to be an Agreement under this Act.
11 In this Part, "former secretariat" means the secretariat established to support the Council of Maritime Premiers, as it was immediately before the coming into force of this Section.
12 The former secretariat is hereby continued as the Council of Atlantic Premiers Secretariat.
13 (1) The assets and liabilities of the former secretariat are the assets and liabilities of the Secretariat.
(2) Persons directly employed by the former secretariat are employees of the Secretariat.
14 The object of the Secretariat is to facilitate and support the activities of the Council.
15 The Secretariat shall be administered by a Secretary appointed by the Council who, from time to time, shall perform such functions and duties as are assigned by the Council.
16 The Secretary referred to in Section 15 may, on behalf of the Secretariat, engage employees needed to staff the Secretariat.
17 The former Act is repealed.
18 (1) Subsection 6(1) of Chapter 372 of the Revised Statutes, 1989, the Public Inquiries Act, is amended by
(a) striking out "Maritime" in the fourth line and substituting "Atlantic"; and
(b) striking out "and Prince Edward Island" in the seventh line and substituting ", Prince Edward Island and Newfoundland and Labrador".
(2) Subsection 6(2) of Chapter 372 is amended by striking out "and Prince Edward Island" in the seventh and eighth lines and substituting ", Prince Edward Island and Newfoundland and Labrador".
19 This Act comes 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 © 2004 Crown in right of Nova Scotia. Created April xx, 2004. Send comments to legc.office@novascotia.ca.
