BILL NO. 69
(as introduced)
5th Session, 61st General Assembly
Nova Scotia
62 Elizabeth II, 2013
Statute Amendments (2013) Act
The Honourable Ross Landry
Minister of Justice
First Reading: April 30, 2013
Second Reading: May 2, 2013
Third Reading: May 6, 2013 (LINK TO BILL AS PASSED)
Explanatory Notes
Clause 1 sets out the short title of this Act.
Clause 2 corrects an error in the Body Armour Control Act.
Clause 3 amends the Fatality Investigations Act to permit an investigator, authorized by a medical examiner, to issue the required certificate before a body can be cremated or removed from Nova Scotia and eliminates the requirement for an additional release by the Chief Medical Examiner.
Clause 4 changes the boundaries between the electoral districts of Dartmouth-Preston and Eastern Shore, and between the electorial districts of Inverness and Victoria-The Lakes, in accordance with the recommendations of the Chief Electoral Officer.
Clause 5 changes the long title of the Housing Development Corporation Act.
Clause 6 changes the short title of the Act.
(a) changes a reference to "the Nova Scotia Housing Development Corporation" to "Housing Nova Scotia"; and
(b) updates the name of the department and the title of the Minister responsible for the Act.
Clause 8 changes the name of "Nova Scotia Housing Development Corporation" to "Housing Nova Scotia".
(a) provides that the assets, rights, duties, obligations and liabilities of the Nova Scotia Housing Development Corporation are unaffected by its change of name; and
(b) confirms that a reference to the Nova Scotia Housing Development Corporation in any enactment is a reference to Housing Nova Scotia once the Act comes into force.
(a) update the Act with respect to provisions of the Criminal Code (Canada) that are grounds for driver's license revocations to remove outdated and incorrect references and add reference to the new section 333.1 of the Criminal Code (Canada), which relates to theft of a motor vehicle;
(b) correct a cross-reference in clause 67(5)(e) of the Act;
(c) increase the threshold at which a collision that results in property damage must be reported to the police or the Registrar of Motor Vehicles from property damage to an apparent extent of $1000 to property damage to an apparent extent of $2000;
(d) amend subsection 278(1) of the Act to replace wording referencing the Registrar or the Director of Highway Safety with wording that matches the intent and content of subsection 278 (2); and
(e) repeal subsection 278(2) of the Act and substitute a provision that clarifies the effect of an existing revocation when a further revocation takes effect under subsection 278(1).
Clauses 14 to 16 correct errors and improve language in the Public Interest Disclosure of Wrongdoing Act.
Clause 17 changes Sea, Army, Air and Navy League Cadets Day from the first Saturday in November to the first Saturday in October.
Clause 18 sets out the effective dates for this Act.
An Act to Make Various
Administrative Amendments
to the Statutes of Nova Scotia
1 This Act may be cited as the Statute Amendments (2013) Act.
2 Subsection 3(3) of Chapter 2 of the Acts of 2011, the Body Armour Control Act, is amended by striking out "(f)" in the first line and substituting "(g)".
3 Section 20 of Chapter 31 of the Acts of 2001, the Fatality Investigations Act, is amended by
(a) adding "or an investigator authorized by a medical examiner" immediately after "examiner" in the seventh line;
(b) adding "or the investigator" immediately after "examiner" in the ninth line; and
(c) striking out "and the Chief Medical Examiner has issued the appropriate release" in the tenth and eleventh lines.
4 Section 4 of Chapter 1 (1992 Supplement) of the Revised Statutes, 1989, the House of Assembly Act, as enacted by Section 1 of Chapter 61 of the Acts of 2012, An Act to Amend of Chapter 1 (1992 Supplement) of the Revised Statutes, 1989, the House of Assembly Act, is amended by
(a) striking out "watercourse connecting Lawrencetown Lake and Lake Echo; then east to a point on Candy Mountain Road approximately 575 metres from Notting Hill Road; then east on Candy Mountain Road" in the fifteenth, sixteenth, seventeenth and eighteenth lines of clause (r) and substituting "river connecting Lawrencetown Lake and Lake Echo at a point 65 metres north of Candy Mountain Road; then south in a straight line to Candy Mountain Road; then east on Candy Mountain Road to Old Mineville Road; then east on Old Mineville Road";
(b) striking out "; then east to a point on the Candy Mountain Road approximately 575 metres from Notting Hill Road; then east along the Candy Mountain Road" in the eighteenth, nineteenth and twentieth lines of clause (u) and substituting "at a point 65 metres north of Candy Mountain Road; then south in a straight line to Candy Mountain Road; then east on Candy Mountain Road to Old Mineville Road; then east on Old Mineville Road";
(c) striking out clause (zf) and substituting the following clause:
the Municipality of the County of Inverness — including Malagawatch Reserve (4), Margaree Reserve (25) and Wycocomagh Reserve (2) — but excluding that part of the Municipality of the County of Inverness to the northeast and southeast of a line described as follows: starting at a point on the Inverness–Victoria county line 490 metres south of the intersection of that line and Meat Cove Road; then northwest in a straight line 855 metres to the western boundary of PID # 50103670 at a point 512 metres southwest of the intersection of that boundary and Lowlands Cove Road; then northeast along the western boundary of PID # 50103670 to the Atlantic Ocean;
(d) striking out clause (zw) and substituting the following clause:
and, in the County of Victoria,
- (iii) the Municipality of the County of Victoria;
5 The title of Chapter 213 of the Revised Statutes, the Housing Development Corporation Act, is amended by striking out "the Nova Scotia Housing Development Corporation" in the first and second lines and substituting "Housing Nova Scotia".
6 Section 1 of Chapter 213 is amended by striking out "Development Corporation" in the first and second lines and substituting "Nova Scotia".
7 Section 2 of Chapter 213 is amended by
(a) striking out "the Nova Scotia Housing Development Corporation" in the first and second lines of clause (a) and substituting "Housing Nova Scotia as";
(b) striking out "Housing" in the second line of clause (b) and substituting "Community Services"; and
(c) striking out "Housing" in clause (f) and substituting "Community Services".
8 Subsection 6(1) of Chapter 213 is amended by striking out "Nova Scotia Housing Development Corporation" in the second and third lines and substituting "Housing Nova Scotia".
9 (1) For greater certainty, no assets, rights, duties, obligations or liabilities of the Nova Scotia Housing Development Corporation are in any way affected by the change of name made by this Act and those assets, rights, duties, obligations and liabilities continue to be vested in and are binding upon it under the name "Housing Nova Scotia".
(2) Upon the coming into force of this Act, any reference in any Act, other than this Act, or in any regulation, rule, order or by-law or in any public or private document of any type whatsoever to the "Nova Scotia Housing Development Corporation" under that name or any other name that was previously used, authorized or referenced in any statute, shall, as regards any subsequent transaction, matter or thing, be held and construed to be a reference to "Housing Nova Scotia".
10 (1) Subsection 67(5) of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, as amended by Chapter 32 of the Acts of 1998, Chapter 11 of the Acts of 1999, Chapter 44 of the Acts of 2001, Chapter 20 of the Acts of 2002, Chapter 30 of the Acts of 2002, Chapter 42 of the Acts of 2004, Chapter 32 of the Acts of 2005, Chapter 38 of the Acts of 2005 and Chapter 45 of the Acts of 2007, is further amended by
(c) striking out ", 254, section 255" in the sixth line of clause (ba) and substituting "or 254";
(d) striking out "or 255(3)" in the sixth line of clause (ca) and substituting ", 255(2.1), 255(2.2), 255(3), 255(3.1) or 255(3.2)";
(e) adding "for a violation of section 333.1 of the Criminal Code (Canada)," immediately after "was" in the third line of clause (d);
(f) striking out "(10)"in the first line of clause (e) and substituting "(9)"; and
(g) striking out "section 238 of the Criminal Code, being Chapter C-34 of the Revised Statutes of Canada, 1970, that occurred before the fourth day of December, 1985, or" in the fourth, fifth, sixth, seventh and eighth lines of clause (e).
(2) Subsection 67(5A) of Chapter 293, as enacted by Chapter 36 of the Acts of 2006, is amended by striking out ", 254, 255" in the fourth and fifth lines and substituting "or 254".
11 Subsection 67A(1) of Chapter 293, as enacted by Chapter 20 of the Acts of 2010, is amended by striking out ", 254 or 255" in the fourth and fifth lines and substituting "or 254".
12 Subsection 98(1) Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, as amended by Chapter 12 of the Acts of 1994-95, is further amended by striking out "one" in the third line and substituting "two".
13 (1) Subsection 278(1) of Chapter 293, as amended by Chapter 20 of the Acts of 2002, Chapter 38 of the Acts of 2005, Chapter 45 of the Acts of 2007 and Chapter 61 of the Acts of 2010, is further amended by striking out "the Registrar or the Director of Highway Safety shall revoke effective the date of conviction the driver's license of any person upon receiving a record of his conviction" in the first, second, third and fourth lines and substituting "a person's driver's license or privilege of obtaining a driver's license is revoked upon the person's conviction, in the Province,".
(2) Clause 278(1)(b) of Chapter 293, as amended by Chapter 20 of the Acts of 2002 and Chapter 45 of the Acts of 2007, is further amended by adding ", 333.1" immediately after "259" in the second line.
(3) Subsection 278(2) of Chapter 293 is repealed and the following subsection substituted:
- For greater certainty, where a person's driver's license or privilege of obtaining a driver's license is revoked at the time of the person's conviction for a crime or offence to which subsection (1) applies, the revocation pursuant to subsection (1) is a second or subsequent revocation, as the case may be.
14 Subsection 8(2) of Chapter 42 of the Acts of 2010, the Public Interest Disclosure of Wrongdoing Act, is amended by striking out "deputy head" in the third line and substituting "supervisor".
15 Subsection 30(2) of Chapter 42 is amended by striking out "include the requirements of Section 13" in the first and second lines and substituting "meet the requirements of Section 7".
16 Subsection 36(1) of Chapter 42 is amended by striking out "Minister, upon the approval of the Governor in Council," in the first line and substituting "Governor in Council".
17 Section 2 of Chapter 7 of the Acts of 2010, the Sea, Army, Air and Navy League Cadets Day Act, is amended by striking out "November" in the second line and substituting "October".
18 (1) Section 4 has effect on and after December 6, 2012.
(2) Sections 5 to 9 come 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 © 2013 Crown in right of Nova Scotia. Created May 10, 2013. Send comments to legc.office@novascotia.ca.
