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Justice Administration Amendment (2007) Act

BILL NO. 136

(as introduced)

1st Session, 60th General Assembly
Nova Scotia
56 Elizabeth II, 2007



Government Bill



Justice Administration Amendment (2007) Act



The Honourable Murray K. Scott
Minister of Justice



First Reading: March 19, 2007

(Explanatory Notes)

Second Reading: March 20, 2007

Third Reading: April 12, 2007 (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 sets out the short title of the Act.

Clause 2 establishes the Nova Scotia long-service medal for ground search and rescue personnel and other persons involved in the provision of emergency services. Clause 3 gives formal recognition to the Nova Scotia long-service medal for firefighters and other persons involved in the provision of fire services. Clause 4 removes restrictions on the length of time a person may serve as a member of a community health board. Clause 5 established the Nova Scotia long-service medal for police officers and other persons involved in the provision of police services. Clauses 6 to 9 amend An Act to Establish the Shubenacadie Canal Commission to reflect the amalgamation of the City of Dartmouth and the Municipality of the County of Halifax into the Halifax Regional Municipality and to correct several outdated references. Clause 10 amends the Small Claims Court Act to provide that, where there is now no justice centre in a county, claims can be commenced by filing a claim at the justice centre in an adjacent county and designated by the Minister of Justice to receive claims for the county or municipality in which the cause of action arose or one or more defendants reside or carry on business. Clause 11 provides that the Act comes into force on proclamation.

An Act Respecting
the Administration of Justice

Be it enacted by the Governor and Assembly as follows: 1 This Act may be cited as the Justice Administration Amendment (2007) Act.
PART I
EMERGENCY MANAGEMENT ACT

2 Chapter 8 of the Acts of 1990, the Emergency Management Act, is amended by adding immediately after Section 9 the following Section:

9A (1) In recognition of a significant contribution to the protection of persons and property by a member of a ground search and rescue crew or other person involved in the provision of emergency services, the Minister or a person designated by the Minister, on the recommendation of the Emergency Management Office, may issue a medal for long service.

(2) Where the Minister or the Minister's designate has issued a medal for long service, the Minister or the designate, on the recommendation of the Emergency Management Office, may issue a bar for further service to accompany the medal.

PART II
FIRE SAFETY ACT

3 Chapter 6 of the Acts of 2002, the Fire Safety Act, is amended by adding immediately after Section 14 the following heading and Sections:

MEDAL IN RECOGNITION

14A (1) In recognition of a significant contribution to the protection of persons and property by a firefighter or other person involved in the provision of fire services, the Minister or a person designated by the Minister, on the recommendation of the Fire Marshal, may issue a medal for long service.

(2) Where the Minister or the Minister's designate has issued a medal for long service, the Minister or the designate, on the recommendation of the Fire Marshal, may issue a bar for further service to accompany the medal.

(3) A medal or bar for long service issued by the Fire Marshal before the coming into force of this Section is deemed to have been issued pursuant to this Section.

PART III
HEALTH AUTHORITIES ACT

4 Subsections 42(2) and (3) of Chapter 6 of the Acts of 2000, the Health Authorities Act, are repealed.

PART IV
POLICE ACT
5 Chapter 31 of the Acts of 2004, the Police Act, is amended by adding immediately after Section 43 the following heading and Sections:

MEDAL IN RECOGNITION

43A (1) In recognition of a significant contribution to the protection of persons and property by a police officer or other person involved in the provision of police services, the Minister or a person designated by the Minister, on the recommendation of the Advisory Committee established by this Section, may issue a medal for long service.

(2) The Minister shall establish an Advisory Committee to recommend persons to be issued medals for long service.

(3) The Advisory Committee consists of chief officers and other persons determined by the Minister.

(4) The Minister may designate a member of the Advisory Committee to be the Chair of the Committee.

(5) Where the Minister or the Minister's designate has issued a medal for long service, the Minister or the designate, on the recommendation of a chief officer, may issue a bar for further service to accompany the medal.

PART V
SHUBENACADIE CANAL COMMISSION

6 (1) Clauses 4(1)(a) to (d) of Chapter 97 of the Acts of 1986, An Act to Establish the Shubenacadie Canal Commission, are repealed and the following clauses substituted:

(a) four persons resident in Halifax Regional Municipality appointed by the Council of Halifax Regional Municipality, for such terms of office as the Council may determine;

(b) two persons resident in the Municipality of the District of East Hants, one appointed by the Governor in Council for such term of office as the Governor in Council may determine, and one appointed by the Council of the District of East Hants for such term of office as the Council may determine;

(c) two persons resident in the Municipality of the County of Colchester, one appointed by the Governor in Council for such term of office as the Governor in Council may determine, and one appointed by the Council of the County of Colchester for such term of office as the Council may determine;

(2) Clauses 4(4)(a) to (d) of Chapter 97 are repealed and the following clauses substituted:

(a) a person appointed pursuant to clause (a) of subsection (1) ceases to be a member of the Commission when that person ceases to be a resident of the Halifax Regional Municipality;

(b) a person appointed pursuant to clause (b) of subsection (1) ceases to be a member of the Commission when that person ceases to be a resident of the Municipality of the District of East Hants;

(c) a person appointed pursuant to clause (c) of subsection (1) ceases to be a member of the Commission when that person ceases to be a resident of the Municipality of the County of Colchester.

7 Clause 5(d) of Chapter 97 is amended by striking out "general manager" in the first line and substituting "Executive Director". 8 Section 6 of Chapter 97 is amended by striking out "City of Dartmouth or the Municipality of the County of Halifax" in the second and third lines and substituting "Halifax Regional Municipality". 9 Section 7 of Chapter 97 is amended by striking out "Lands and Forests" in the third line and substituting "Natural Resources".

PART VI
SMALL CLAIMS COURT ACT
10 Section 19 of Chapter 430 of the Revised Statutes, 1989, the Small Claims Court Act, as amended by Chapter 16 of the Acts of 1992, is further amended by adding immediately after subsection (1) the following subsections:

(1A) In this Section, "justice centre" means a justice centre established pursuant to Section 26 of the Judicature Act.

(1B) Notwithstanding subsection (1), where, on the coming into force of this subsection, there is no justice centre in a county, a claim may be filed with the prothonotary at a justice centre in an adjacent county and designated by the Minister to receive claims for the county or municipality in which

(a) the cause of action arose; or

(b) the defendant or one of several defendants resides or carries on business.

PART VII
EFFECTIVE DATE
11 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 © 2007 Crown in right of Nova Scotia. Created April 18, 2007. Send comments to legc.office@novascotia.ca.