BILL NO. 158
(as introduced)
4th Session, 61st General Assembly
Nova Scotia
61 Elizabeth II, 2012
Film Nova Scotia Act
(amended)
The Honourable Percy A. Paris
Minister of Economic and Rural Development and Tourism
First Reading: November 30, 2012
Second Reading: December 3, 2012
Third Reading: December 6, 2012 (LINK TO BILL AS PASSED)
Explanatory Notes
Clause 1 changes the long title of the Film Nova Scotia Act.
Clause 2 changes the short title of the Act.
(a) changes references to "Film Nova Scotia" to read "Film and Creative Industries Nova Scotia";
(b) adds definitions of "creative enterprise" and "creative industries"; and
(c) updates the title of the Minister responsible for the Act.
Clause 4 changes the name of Film Nova Scotia to "Film and Creative Industries Nova Scotia".
Clause 5 expands the objects of Film and Creative Industries Nova Scotia by including references to creative enterprises and creative industries.
(a) provides that the board of directors is composed of the Deputy Minister or his or her designate and up to twelve members appointed by the Governor in Council;
(b) changes "Chairman" to "Chair";
(c) allows the current Chair of the board of directors to be re-appointed for a single term not exceeding 3 years; and
(d) provides that the appointment of the President of Film and Creative Industries Nova Scotia by the board of directors is subject to the written approval of the Minister.
Clause 7 expands Film and Creative Industries Nova Scotia's power to render financial and other assistance to all creative industries in Nova Scotia.
Clause 8 changes the name of the Film Nova Scotia Fund and requires that the Fund be administered in accordance with the regulations made under the Act.
(a) requires Film and Creative Industries Nova Scotia to prepare and submit to the Minister five-year strategic plans, annual business plans, annual reports analyzing the Corporation's performance, five-year evaluations of Film and Creative Industries Nova Scotia's activities and other reports as specified by the Minister; and
(b) provides that employees of Film and Creative Industries Nova Scotia may be appointed in accordance with the Civil Service Act.
Clause 10 adds a power to make regulations respecting the administration of the Film and Creative Industries Nova Scotia Fund.
Clause 11 provides that a reference to Film Nova Scotia in any document or enactment is to be construed as a reference to Film and Creative Industries Nova Scotia.
Clause 12 provides that the rights, duties, obligations and liabilities of the Film Nova Scotia are unaffected by its change of name.
An Act to Amend Chapter 20
of the Acts of 1990,
the Film Nova Scotia Act
1 The title of Chapter 20 of the Acts of 1990, the Film Nova Scotia Act, as amended by Chapter 27 of the Acts of 2008, is further amended by adding "and Creative Industries" immediately after "Film".
2 Section 1 of Chapter 20, as amended by Chapter 27 of the Acts of 2008, is further amended by adding "and Creative Industries" immediately after "Film".
3 Section 2 of Chapter 20, as amended by Chapter 27 of the Acts of 2008, is further amended by:
(a) adding "and Creative Industries" immediately after "Film" in clause (b);
(b) adding immediately after clause (b) the following clauses:
(bb) "creative industries" means industries that contribute to the creative economy through commercial activities;
(c) adding "and Creative Industries" immediately after "Film" in the first and second lines of clause (d); and
(d) striking out "Development" in clause (e) and substituting "and Rural Development and Tourism".
4 Section 4 of Chapter 20, as amended by Chapter 27 of the Acts of 2008, is further amended by adding "and Creative Industries" immediately after "Film" in the second line.
5 Clauses 5(a) to (d) of Chapter 20 are repealed and the following clauses substituted:
(b) create and grow employment and investment and production opportunities among creative enterprises in the Province, including film, digital and audio-visual enterprises;
(c) assist and co-ordinate the giving of financial or other assistance by any department, board, commission or agency of the Province to creative enterprises, including film, digital and audio-visual enterprises, in the Province and co-ordinate the provision of any financial or other assistance by any department, board, commission or agency from any other jurisdiction to creative enterprises in the Province, including film, digital and audio-visual enterprises;
(d) assist, promote and market the creative enterprises of the Province, including film, digital and audio-visual enterprises, as world-class leaders in their respective fields;
6 (1) Subsection 6(1) of Chapter 20 is amended by striking out "such members as are" in the fourth line and substituting "the Deputy Minister of Economic and Rural Development and Tourism or a person designated by the Deputy Minister and up to twelve members".
(2) Subsection 6(2) of Chapter 20 is amended by striking out "Chairman" in the second line and substituting "Chair".
(3) Section 6 of Chapter 20 is further amended by adding after subsection (4) the following subsection:
7 Clause 8(1)(c) of Chapter 20 is amended by
(a) striking out "the film and video industry" in the fifth line and substituting "creative industries"; and
(b) adding ", including the film, digital and audio-visual industries" immediately after "Province" in the last line.
8 (1) Subsection 9(1) of Chapter 20, as amended by Chapter 27 of the Acts of 2008, is further amended by adding "and Creative Industries" immediately after "Film" in the third and fourth lines.
(2) Section 9 of Chapter 20, as amended by Chapter 27 of the Acts of 2008, is further amended by adding immediately after subsection (1) the following subsection:
14B The Corporation shall prepare and submit to the Minister for approval a detailed business plan for the following fiscal year including estimates of budgetary requirements.
14C (1) The Corporation shall, not later than the thirtieth day of June, 2014, and annually thereafter as required by the Minister, prepare and submit to the Minister for approval a report containing
(a) the detailed business plan for the previous fiscal year; and
(b) an analysis of the Corporation's performance during the previous fiscal year in relation to the business plan for that fiscal year and the Corporation's progress toward achieving the objectives set out in the current five-year strategic plan.
(2) A report referred to in subsection (1) must, upon being approved by the Minister, be published on the Corporation's website no later than the thirtieth day of September of the year in which it is submitted for approval.
14D (1) The Corporation shall, within six months after the end of the 2017-18 fiscal year, and every five years thereafter, prepare and submit to the Minister a detailed evaluation of its activities compared against the previous five-year strategic plan, including any recommendations for modifications to the mandate of the Corporation.
(2) In addition to the evaluation referred to in subsection (1), the Corporation shall, within the same time periods referred to in subsection (1), submit to the Minister for approval a five-year strategic plan for the continued operation of the Corporation.
14E The Corporation shall, at the request of the Minister and at such time and in such form as the Minister specifies, prepare and submit to the Minister a report concerning the work and activities of the Corporation and such other matters as the Minister specifies.
14F Employees required for the proper conduct, management and operation of the Corporation may be appointed in accordance with the Civil Service Act.
11 A reference in any enactment or document to Film Nova Scotia is, in respect of any subsequent transaction, matter or thing, to be held and construed to be a reference to Film and Creative Industries Nova Scotia.
12 No rights, duties, obligations or liabilities of the Film Nova Scotia are in any way affected by the change of name made by this Act and those rights, duties, obligations and liabilities continue to be vested in and are binding upon it under the name "Film and Creative Industries Nova Scotia".
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 December 19, 2012. Send comments to legc.office@novascotia.ca.
