BILL NO. 21
(as introduced)
1st Session, 60th General Assembly
Nova Scotia
55 Elizabeth II, 2006
Justice Administration Amendment (2006) Act
The Honourable Murray K. Scott
Minister of Justice
First Reading: June 30, 2006
Second Reading: October 31, 2006
Third Reading: November 17, 2006 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)
Explanatory Notes
Clause 1 sets out the short title of the Act.
Clauses 2 to 6 make a number of housekeeping amendments to the Assessment Act to remove uncertainty in assessment applications to the Supreme Court of Nova Scotia and to remove references to the former county court and adds provisions dealing with the destruction of records and the electronic exchange of information between property owners and the Assessment Services Division of Service Nova Scotia and Municipal Relations. Clauses 7 and 8 amend the Enforcement of Court Orders Act to (a) provide that the duty of the Registrar of Motor Vehicles to suspend the driver's licence of a person who was in default of payment under the Act is subject to regulations; and (b) remove unnecessary words from two subsections that may affect the interpretation of another subsection. Clause 9 amends the Land Registration Act to remove the requirement that an application for registration be accompanied by the abstract of title upon which the opinion of title to the land is based. Clause 10 amends the Land Registration Act to exempt from conversion requirements pieces of land that are being created as parcels under the Municipal Government Act solely for the purpose of consolidation with an abutting parcel that is not registered. Clauses 11 to 14 add a new Part to the Land Titles Clarification Act respecting the reconciliation of ungranted land that exhibits current or historical usage and has never been acknowledged as Crown land. Clause 15 adds regulation-making authority to the Public Archives Act. Clause 16 transfers the power to appoint division registrars from the Governor in Council to the Registrar General. Clause 17 gives the Registrar General authority to permit access to information where the Registrar has evaluated the request for access and is satisfied it is not for an unlawful purpose. Clause 18 permits access to records of certain ages held by the Public Archives where the access is for valid historical or genealogical research. Clause 19 repeals a regulation-making authority respecting access to or copies of information. Clause 20 provides that this Act comes into force on proclamation.An Act Respecting
the Administration of Justice
1 This Act may be cited as the Justice Administration Amendment (2006) Act.
2 Subsection 20(3) of Chapter 23 of the Revised Statutes, 1989, the Assessment Act, is amended by adding "or if sent via an internet-based procedure prescribed by the Director addressed to the person at the last electronic address known to the assessor" immediately after "assessor" in the third line.
3 (1) Subsection 68A(2) of Chapter 23, as enacted by Chapter 9 of the Acts of 2000, is amended by striking out "any amended notice or" in the first line and substituting "the".
(2) Subsection 68A(3) of Chapter 23, as enacted by Chapter 9 of the Acts of 2000, is amended by striking out "an amendment is made or" in the first line.
4 (1) Subsection 94(1) of Chapter 23 is amended by
(a) adding "(application inter partes)" immediately after "notice" in the second line; and
(2) Subsection 94(2) of Chapter 23 is amended by adding "(application inter partes)" immediately after "notice" in the first line.
(3) Subsection 94(3) of Chapter 23 is amended by adding "(application inter partes)" immediately after "notice" in the first line.
(4) Subsection 94(4) of Chapter 23 is amended by striking out "or of the county court" in the second line.
(5) Subsection 94(5) of Chapter 23 is amended by adding "(application inter partes)" immediately after "notice" in the first line.
5 Section 96 of Chapter 23 is amended by striking out "or by a county court" in the second and third lines.
6 Section 171 of Chapter 23 is amended by adding "(1)" immediately after the Section number and by adding the following subsection:
7 (1) Subsection 3(2) of Chapter 40 of the Acts of 2005, the Enforcement of Court Orders Act, is amended by striking out "until the Registrar has received confirmation of payment pursuant to subsection (5)" in the fifth and sixth lines.
(2) Subsection 3(4) of Chapter 40 is amended by
(a) adding "and subject to the regulations" immediately after "Act" in the second line; and
(b) striking out "until the Registrar has received confirmation of payment pursuant to subsection (5)" in the third and fourth lines.
8 Clause 4(1)(a) of Chapter 40 is amended by adding ", (4)" immediately after "(3)".
9 Subsection 37(4) of Chapter 6 of the Acts of 2001, the Land Registration Act, as amended by Chapter 19 of the Acts of 2002 and Chapter 38 of the Acts of 2004, is further amended by
(a) striking out "the abstract of title required by clause (c)" in the last line of clause (b) and substituting "an abstract of title"; and
10 Subsection 46(3) of Chapter 6, as amended by Chapter 19 of the Acts of 2002 and Chapter 38 of the Acts of 2004, is further amended by adding immediately after clause (ad) the following clause:11 The title to Chapter 250 of the Revised Statutes, 1989, the Land Titles Clarification Act, is amended by striking out "in Communities within Municipalities".
12 Section 2 of Chapter 250 is repealed and the following Section substituted:
(a) "certificate of claim" means a certificate of claim issued by the Minister under this Part;
(b) "certificate of revocation" means a certificate of revocation filed by the Minister under this Part;
(c) "certificate of title" means a certificate of title granted by the Minister under this Part;
(d) "municipality" means a regional municipality or a municipality of a county or district.
14 Chapter 250 is further amended by adding immediately after Section 9 the following headings and Sections:
(a) facilitate the economic and efficient reconciliation of the Crown's interest in certain ungranted land;
(b) permit the Crown to release its interest in certain ungranted land; and
(c) provide clarity in respect of Crown interests in ungranted land.
(a) "acknowledged Crown land" means land that has been surveyed, managed, confirmed through investigation or used historically by the public as Crown land;
(b) "certificate of release" means a certificate of release issued by the Minister under this Part;
(c) "Crown" means Her Majesty in right of the Province;
(d) "Crown land" means all or any part of land that is under the administration and control of the Minister;
(e) "ungranted land" means Crown land that has never been the subject of a grant transferring ownership from the Crown.
12 Nothing in this Part prejudices a person's right to make a claim or the Minister's power to issue a certificate under Section 37 of the Crown Lands Act.
13 (1) Notwithstanding Section 15 of the Crown Lands Act, where it appears to the Minister that it is desirable to reconcile the Crown's interest in certain ungranted land, the Minister may, with the approval of Governor in Council, issue a certificate of release to the effect that the Crown asserts no interest or claim to that land and upon issuance of the certificate, all interest or claim of the Crown to that land ceases.
(2) In determining whether it is desirable to reconcile the Crown's interest pursuant to this Section, the Minister shall consider the nature and extent of the current and historical usage of the land and whether the land is the subject of a deed containing a warranty as to title.
(3) A certificate of release must be filed in the registry of deeds for the registration district or districts in which the land therein described is situate.
(4) A plan of the area as described in the certificate of release must be filed with the certificate in the registry of deeds in the registration district or districts in which the land therein described is situate.
14 No certificate of release may be issued with respect to acknowledged Crown land or land that exhibits no current or historical usage.
15 (1) The Governor in Council may make regulations
(a) respecting the form of and information to be contained in a certificate of release and plan;
(b) prescribing guidelines for determining whether it is desirable to reconcile the Crown's interest in land;
(c) defining any word or expression used in this Part and not defined in this Part;
(d) respecting any other matter the Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Part.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.
15 Subsection 23(1) of Chapter 24 of the Acts of 1998, the Public Archives Act, is repealed and the following subsection substituted:
(b) defining any word or expression used but not defined in this Act; and
(c) respecting any matter the Governor in Council considers necessary or advisable to effectively carry out the intent and purpose of this Act.
16 Section 31 of Chapter 494 of the Revised Statutes, 1989, the Vital Statistics Act, as enacted by Chapter 8 of the Acts of 1998, is amended by striking out "Governor in Council" in the first line and substituting "Registrar".
17 Subsection 35(1) of Chapter 494 is amended by
(a) striking out "and" at the end of clause (c);
(b) striking out the period at the end of clause (d) and substituting "; and"; and
(c) adding immediately after clause (d) the following clause:
18 Chapter 494 is further amended by adding immediately after Section 45 the following Section:
(a) birth registrations for births that occurred more than one hundred years before that time;
(b) marriage registrations for marriages that occurred more than seventy-five years before that time; or
(c) death registrations for deaths that occurred more than fifty years before that time.
19 Clause 51(1)(e) of Chapter 494 is repealed
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2006 Crown in right of Nova Scotia. Created December 1, 2006. Send comments to legc.office@novascotia.ca.
