BILL NO. 84
4th Session, 61st General Assembly
61 Elizabeth II, 2012
Dalhousie University-Nova Scotia Agricultural College Merger Act
The Honourable John MacDonell
Minister of Agriculture
First Reading: May 8, 2012
Second Reading: May 10, 2012
Third Reading: May 17, 2012 (LINK TO BILL AS PASSED)
Be it enacted by the Governor and Assembly as follows:
5 (1) Effective the merger date and in accordance with this Act and the Agreement, the College is merged with Dalhousie, which is continued as a body corporate and politic under a single board of governors and having the name Dalhousie University.
(2) Every Act of the Legislature respecting Dalhousie, including, without limiting the generality of the foregoing, Chapter 24 of the Acts of 1863, An Act for the regulation and support of Dalhousie College, continues to apply to the merged university.
(3) Subject to the lease agreement entered into pursuant to subsection (1), t he Quota leased by the merged university under the lease agreement is deemed to have been allotted to the merged university in accordance with the Dairy Industry Act and the regulations made pursuant to that Act.
(4) The merged university has the same rights, privileges and obligations as a holder of the non-saleable adjustment quota and total production quota as the College would have had if the College had remained in existence and the lease agreement entered into pursuant to subsection (1) had not been executed.
(2) Where the Minister transfers or discloses personal information to Dalhousie or the merged university, the Minister may impose such conditions on the transfer or disclosure as the Minister considers appropriate, including, without limiting the generality of the foregoing, conditions respecting non-disclosure to third parties.
(3) Dalhousie and the merged university shall comply with any conditions imposed pursuant to subsection (2) unless the permission of the Minister is obtained, regardless of whether the transfer or disclosure occurs before or after the coming into force of this Act.
(4) No person has or may maintain any cause of action or claim against Her Majesty in right of the Province, the Minister, the Department of Agriculture, Dalhousie or the merged university arising from or in relation to any transfer or disclosure of personal information by the Minister to Dalhousie or the merged university for the purpose of this Act, regardless of whether the transfer or disclosure occurs before or after the coming into force of this Act.
10 A disclosure to Dalhousie or the merged university of any material, before or after the coming into force of this Act, that is subject to any privilege or immunity, including solicitor-client privilege, litigation privilege, settlement privilege or public interest immunity, does not constitute a waiver of the privilege or immunity.
11 (1) Subject to the Agreement, the Minister may assign the rights and obligations in any agreement, by individual agreement or by class of agreement, between the Minister and a third party, that the Minister has entered into in relation to the College's former activities or mandate to the merged university on such terms and conditions as the Minister prescribes, and the merged university may enforce an agreement so assigned as if it were the Minister.
(d) no person has or may maintain any cause of action or claim against Her Majesty in right of the Province, the Minister, the Department of Agriculture or the merged university arising from or in relation to the assignment.
12 (1) Subject to the terms and conditions of the Agreement, every designated employee becomes an employee of the merged university and ceases to be a person appointed in accordance with the Civil Service Act on the date that the Minister indicates that the person is a designated employee.
(4) Every designated employee is deemed to have been employed by the merged university for the same period of employment that the person was credited with as an employee of Her Majesty in right of the Province.
13 (1) The merged university is bound by a collective agreement concluded pursuant to the Civil Service Collective Bargaining Act in relation to a designated employee as if it were a party to the collective agreement as the employer and as if the collective agreement were concluded pursuant to the Trade Union Act by a bargaining agent certified pursuant to the Trade Union Act.
(2) For greater certainty, the merged university is a transferee for the purpose of Section 31 of the Trade Union Act and, without limiting the generality of the foregoing, the merged university is bound by successor rights as determined pursuant to the Trade Union Act.
(3) Where notice to commence collective bargaining has been given in relation to a collective agreement respecting designated employees before the merger date, the merged university is the employer for the purpose of concluding and signing a collective agreement.
14 (1) Each designated employee who was an employee within the meaning of the Public Service Superannuation Act before the coming into force of this Act and each designated employee in a bargaining unit whose collective agreement provided for participation in the Public Service Superannuation Plan before the coming into force of this Act is deemed to continue to be a person employed in the public service of the Province for the purpose of the Public Service Superannuation Act and service in the employment of the merged university is deemed to be service in the public service of the Province.
(2) Notwithstanding subsection (1), Section 39 and clause 40(b) of the Public Service Superannuation Act do not apply to the merged university or designated employees unless the merged university advises the Minister of Finance, in writing, that those provisions apply.
(4) In any document, including any deed, lease, agreement, will, trust, debenture or document evidencing a gift or bequest, a reference to the Nova Scotia Agricultural College Foundation , whether the reference is by official name or otherwise, is to be construed as a reference to Dalhousie University Foundation.
(4) For greater certainty, in the event of a conflict between a regulation made pursuant to clause (2)(a) and a regulation made pursuant to the Dairy Industry Act, the regulation made pursuant to clause (2)(a) prevails.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2012 Crown in right of Nova Scotia. Created May 7, 2012. Send comments to firstname.lastname@example.org.