Internal Trade Agreement Implementation Act (amended)

BILL NO. 55

(as introduced)

2nd Session, 61st General Assembly
Nova Scotia
59 Elizabeth II, 2010

Government Bill

Internal Trade Agreement Implementation Act
(amended)

The Honourable Percy A. Paris
Minister of Economic and Rural Development

First Reading: April 30, 2010

(Explanatory Notes)

Second Reading: May 4, 2010

Third Reading: May 6, 2010 (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 amends the definition of "Agreement" in the Internal Trade Agreement Implementation Act to include amendments to the Internal Trade Agreement and corrects a typographical error.

Clause 2 updates the reference to the Minister responsible for the Act.

Clause 3 amends the authority to pay amounts due under the Agreement to include hearing costs.

Clause 4 amends the authority to appoint persons to dispute resolution panels to clarify that Cabinet approves the appointment by the Minister of the Province's representatives to rosters established under the Agreement and the Minister selects panellists from the approved rosters.

Clause 5 changes a reference to a provision in the Agreement to reflect renumbering of some provisions in the Agreement.

Clause 6 expands the Minister's power to make appointments to clarify that the Minister may appoint persons to the board of directors of the secretariat that administers the Agreement and may appoint the Province's internal trade representative.

Clause 7 amends the Act to include a provision respecting the effect of a monetary penalty awarded against the Province and changes a reference to a provision in the Agreement to reflect its renumbering.

Clause 8 provides that this Bill comes into force upon proclamation.

An Act to Amend Chapter 8
of the Acts of 1995-96,
the Internal Trade Agreement
Implementation Act

Be it enacted by the Governor and Assembly as follows:

1 Section 3 of Chapter 8 of the Acts of 1995-96, the Internal Trade Agreement Implementation Act, is amended by

(a) adding ", as amended from time to time by the written agreement of all the parties to the Agreement" immediately after "1994" in the fourth line of clause (a); and

(b) striking out "minister" in the first line of clause (b) and substituting "Minister".

2 Subsection 7(1) of Chapter 8 is amended by striking out "responsible for the Nova Scotia Economic Renewal Agency, including Tourism Nova Scotia and the Nova Scotia Marketing Agency," in the first, second and third lines and substituting "of Economic and Rural Development".

3 Clause 10(b) of Chapter 8 is amended by

(a) striking out "government-to-government disputes pursuant to" in the second and third lines and substituting "accordance with"; and

(b) striking out ", Part A, Articles 1702 to 1710 of the Agreement" in the fourth line and substituting "of the Agreement by a presiding body as defined in that Chapter".

4 Section 11 of Chapter 8 is repealed and the following Section substituted:

11 (1) The Minister may, subject to the approval of the Governor in Council, appoint any person to either or both of the rosters provided for in paragraph (2) of Article 1704 of the Agreement.

(2) The Minister may appoint a panellist from a roster for the purpose of paragraph (3) of Article 1704 of the Agreement or, where there has been agreement to a Presiding Body being composed of one member, may agree on the panellist.

5 Section 12 of Chapter 8 is amended by striking out "1713" in the third line and substituting "1712".

6 Section 14 of Chapter 8 is repealed and the following Section substituted:

14 The Minister may appoint any person to be a representative of the Province on

(a) a body referred to in clause 10(a); or

(b) any intergovernmental committee established for the purpose of the Agreement.

7 (1) Subsection 15(1) of Chapter 8 is repealed and the following subsection substituted:

(1) Where a presiding body in a government-to-government dispute has made an order against the Province in accordance with Chapter 17 (Dispute Resolution Procedure) of the Agreement that requires the Province to pay

(a) tariff costs awarded against the Province under Article 1706.1(4)(b) or (6) of the Agreement; or

(b) a penalty imposed on the Province under Article 1707(11)(b) of the Agreement,

the order has the same force and effect regarding payment as a proceeding against the Crown and as a certificate issued pursuant to Section 20 of the Proceedings Against the Crown Act.

(2) Subsection 15(2) of Chapter 8 is amended by striking out "1718(3)" in the third line and substituting "1716(3)".

8 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 © 2010 Crown in right of Nova Scotia. Created May 25, 2010. Send comments to legc.office@novascotia.ca.

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