BILL NO. 73
(as introduced)
1st Session, 59th General Assembly
Nova Scotia
53 Elizabeth II, 2004
Justice Administration Amendment (2004) Act
The Honourable Michael G. Baker, Q.C.
Minister of Justice
First Reading: May 7, 2004
Second Reading: May 10, 2004
Third Reading: May 20, 2004 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)
Explanatory Notes
Clause 1 sets out the short title of the Act.
Clause 2 replaces an outdated reference to "stationary engineer" with the current term "power engineer". Clauses 3 and 4 enable a municipality to enter into an agreement with a school board respecting a community facility that is not within that municipality. Clause 5 amends the Elections Act by removing the requirement that the Chief Electoral Officer be a barrister. Clause 6 amends the Elections Act to give the Chief Electoral Officer the power to appoint returning officers in exigent circumstances. Clause 7 amends the definitions of "commercial flea market" and "operator" in the Flea Markets Regulation Act, removing references to the Revenue Act. Clause 8 amends subsection 3(3) of the Flea Markets Regulation Act, which provides an exception from the prohibition on selling "prohibited goods" for vendors with proof of lawful acquisition of those goods, by narrowing the exception to authorized sales representatives of producers, manufacturers, wholesalers, distributors or retailers of the goods. Clause 9 adds Sections to the Flea Markets Regulation Act requiring a vendor or operator to produce or provide a peace officer with access to prescribed goods and giving peace officers seizure powers with respect to prescribed goods and prohibited goods. Clause 10 adds regulation-making powers to the Flea Markets Regulation ActClause 21 ensures that the operator of an out-of-Province vehicle must have a valid vehicle registration and produce it on demand by a peace officer.
Clause 22 ensures that the operator of an out-of-Province vehicle must have a valid number plate.
Clause 23 ensures that the operator of an out-of-Province vehicle must have a motor vehicle liability policy for the vehicle. Clause 24 amends the Occupational Health and Safety Act adding a Ministerial power to remunerate members of the Occupational Health and Safety Advisory Council. Clause 25 expands the definition of "agency" in the Ombudsman Act. Clause 26 adds a regulation-making power for the purpose of Clause 25. Clauses 27 to 29 change the mandatory retirement age for judges under the Provincial Court Act from sixty-five years to seventy years and make it possible for any judge who was required to retire on or after November 1, 2003 to be put in the position the judge would have been in if not required to retire. Clause 30 amends the Public Service Act to permit designations of acting ministers to be made retroactively. Clause 31 amends the Special Places Protection Act to provide that a designation of an ecological site runs with the land and is not affected by a tax deed. Clause 32 makes the Act effective upon proclamation except that Clauses 3 and 4 are retroactive to April 1, 2002, Clause 6 comes into force on Royal Assent and Clauses 27 to 29 are retroactive to November 1, 2003.An Act Respecting
the Administration of Justice
1 This Act may be cited as the Justice Administration Amendment (2004) Act.
PART II
EDUCATION ACT
4 Subsection 134(3) of Chapter 1 is amended by striking out "in which a school to which the agreement relates is located" in the fourth and fifth lines and substituting "that benefits from the community facility to which the agreement relates".
FLEA MARKETS REGULATION ACT
(a) striking out clause (a) and substituting the following clause:
(b) striking out "tangible personal property subject to tax under Part II of the Revenue Act" in the fourth and fifth lines of clause (b) and substituting "goods at a commercial flea market".
8 Subsection 3(3) of Chapter 5 is amended by(a) adding ", distributor" immediately after "wholesaler" in the third line; and
(b) striking out "of such acquisition" in the fifth and sixth lines and substituting "that the vendor is an authorized sales representative of the producer, manufacturer, wholesaler, distributor or retailer of the goods".
9 Chapter 5 is further amended by adding immediately after Section 6 the following Sections:6B Where a vendor or operator fails to provide a peace officer with information requested pursuant to Section 6 with respect to prescribed goods found at a commercial flea market or where the peace officer is satisfied on reasonable and probable grounds that the information provided is incomplete or inaccurate, the peace officer may, without laying any information or obtaining any warrant, seize and remove those goods.
6C Where a peace officer, finds goods at a commercial flea market that the peace officer is satisfied, on reasonable and probable grounds, are
(b) not being sold by an authorized sales representative of the producer, manufacturer, wholesaler, distributor or retailer of the goods,
the peace officer may, without laying any information or obtaining any warrant, seize and remove those goods.
6D For greater certainty, Sections 2E to 2G of the Summary Proceedings Act apply to the seizure of goods under Section 6B or 6C.
(ab) respecting requirements for proof that a vendor is an authorized sales representative of a producer, manufacturer, wholesaler, distributor or retailer of goods for the purpose of subsection 3(3);
(3) Upon receipt of a notice of appeal, the Registrar appointed under this Act shall request a copy of the record of proceedings before the hearing committee and shall file it and a copy of the decision or order being appealed from with the Registrar of the Court.
(a) striking out clause (k) and substituting the following clause:
(b) striking out clause (q) and substituting the following clause:
(2) Clause 32(2)(a) of Chapter 246 is amended by striking out "two weeks" in the second line and substituting "the length of vacation to which the employee is entitled under that clause".
18 Subsection 33(2) of Chapter 246, as enacted by Chapter 14 of the Acts of 1991, is amended by adding "or, where the employee has been in the employ of the employer for more than eight years, an amount at least equal to six per cent," immediately after "cent" in the sixth line.
19 Section 34 of Chapter 246 is amended by adding "or, where the employee has been in the employ of the employer for more than eight years, an amount at least equal to six per cent," immediately after "cent" in the seventh line.
20 Section 60E of Chapter 246, as enacted by Chapter 7 of the Acts of 2003 (Second Session), is renumbered as Section 60G.21 (1) Subsection 18(1) of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is amended by striking out "subsection (2)" in the first line and substituting "subsections (2) and (3)".
(2) Section 18 of Chapter 293 is further amended by adding immediately after subsection (2) the following subsection:
(3) Where a vehicle is registered in another province of Canada or in a state, an unexpired proof of registration for the vehicle issued by that other province or that state shall at all times while the vehicle is being operated upon a highway within this Province be in the possession of the driver thereof or carried in the vehicle and subject to inspection by any peace officer and subsection (1) does not apply.
22 Section 37 of Chapter 293 is amended by
(a) adding "(1)" immediately after the Section number; and
(b) adding the following subsection:
23 Chapter 293 is further amended by adding immediately after Section 230 the following Section:
(2) In a prosecution for a violation of subsection (1), where the court is satisfied that the defendant failed to produce forthwith upon the request of a peace officer a motor vehicle liability insurance card issued pursuant to the law of the jurisdiction in which the motor vehicle is registered for a policy as required by subsection (1) that was valid and subsisting at the time of driving, such failure is proof, in the absence of evidence to the contrary, that there was not in force at the time of driving a motor vehicle liability policy as required by subsection (1).
(3) No person shall be convicted of a violation of subsection (1) if the person establishes that at the time the motor vehicle was driven,
(a) proof of financial responsibility in the amounts and to the limits required by the law of the jurisdiction in which the motor vehicle is registered; or
(b) a financial responsibility card was issued under the law of the jurisdiction in which the motor vehicle is registered,
in respect of the person or the motor vehicle.
(a) striking out "and" at the end of subclause (i) and substituting "or"; and
(b) adding "and is designated by the Governor in Council" immediately after "Province" in the last line of subclause (ii).
26 Chapter 327 is further amended by adding immediately after Section 27 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.
(a) striking out "sixty-five" in the second line of subclause (a)(iii) and substituting "seventy"; and
(b) striking out "sixty-five" in the fourth line of clause (b) and substituting "seventy".
(2) Clause 23(3)(b) of Chapter 238 is amended by striking out "sixty-five" in the fourth line and substituting "seventy".
29 (1) Any judge of the provincial court who, on a day on or after November 1, 2003 and before the coming into force of Section 27, was required to retire by virtue of subsection 6(2) of Chapter 238, as it was immediately before the coming into force of Section 27, is deemed not to have retired and to have continued in office from that day.(2) For greater certainty, the period during which a judge referred to in subsection (1) was required to retire by virtue of subsection 6(2) of Chapter 238 as it was immediately before the coming into force of Section 27 is deemed to be service for the purpose of determining entitlement to or calculation of a pension under Section 23 of Chapter 238.
(3) The Minister of Finance may make any payment, set off any amount to which a judge was entitled because the judge was required to retire by virtue of subsection 6(2) of Chapter 238 as it was immediately before the coming into force of Section 27, or do any other thing necessary to give effect to subsection (1).
(2) A designation made pursuant to subsection (1) may be made retroactive to the time when the acting minister began to act in the stead of the member of the Executive Council.
(a) runs with the land to which it applies and binds all successors in title to the land or any estate in the land unless the designation is terminated pursuant to this Act; and
(b) is not affected by any tax deed conveying the land to which it applies.
(9) Subsection (8) applies to all designations of ecological sites whether made before or after the coming into force of that subsection.
(2) Sections 3 and 4 have effect on and after April 1, 2002.
(3) Notwithstanding Section 219 of the Elections Act, Section 6 comes into force upon this Act receiving Royal Assent.
(4) Sections 27 to 29 have effect on and after November 1, 2003.
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 May 21, 2004. Send comments to legc.office@novascotia.ca.
