BILL NO. 5
(as passed, with amendments and corrections)
2nd Session, 62nd General Assembly
Nova Scotia
63 Elizabeth II, 2014
Government Restructuring (2014) Act
CHAPTER 34 OF THE ACTS OF 2014
The Honourable Stephen McNeil
President of the Executive Council
First Reading: September 30, 2014 (LINK TO BILL AS INTRODUCED)
Second Reading: October 6, 2014
Third Reading: October 30, 2014 (WITH COMMITTEE AMENDMENTS)
Royal Assent: November 20, 2014
An Act Respecting the Restructuring
of Certain Government Departments
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Government Restructuring (2014) Act.
2 Clause 2(d) of Chapter 77 of the Revised Statutes, 1989, the Collection Agencies Act, as amended by Chapter 3 of the Acts of 2003 (Second Session) and Chapter 40 of the Acts of 2012, is further amended by striking out "Consumer Affairs" in the first and second lines and substituting "Service Nova Scotia".
3 Clause 2(1)(h) of Chapter 38 of the Acts of 2012, the Community Interest Companies Act, is amended by striking out "and Municipal Relations" in the second line.
4 Section 3 of Chapter 91 of the Revised Statutes, 1989, the Consumer Creditors' Conduct Act, as amended by Chapter 3 of the Acts of 2003 (Second Session) and Chapter 40 of the Acts of 2012, is further amended by striking out "Consumer Affairs" in the second line and substituting "Service Nova Scotia".
5 Clause 2(j) of Chapter 98 of the Revised Statutes, 1989, the Co-operative Associations Act, as amended by Chapter 41 of the Acts of 2001, is further amended by striking out "and Municipal Relations" in the first and second lines.
6 (1) Section 2 of Chapter 8 of the Acts of 1990, the Emergency Management Act, as amended by Chapter 48 of the Acts of 2005 and Chapter 9 of the Acts of 2011, is further amended by
(a) striking out "Justice" in clause (aa) and substituting "Municipal Affairs"; and
(b) striking out "Justice" in clause (g) and substituting "Municipal Affairs".
(2) Subsection 5A(1) of Chapter 8, as enacted by Chapter 12 of the Acts of 2009 and amended by Chapter 9 of the Acts of 2011, is further amended by
(a) adding "Finance and" immediately after "of" in clause (b); and
(b) adding immediately after clause (d) the following clause:
7 Section 3 of Chapter 155 of the Revised Statutes, 1989, the Executive Council Act, as amended by Chapter 14 of the Acts of 1992, Chapter 21 of the Acts of 1993, Chapter 19 of the Acts of 1994, Chapter 1 of the Acts of 1995-96, Chapters 8 and 25 of the Acts of 1996, Chapter 4 of the Acts of 2001, Chapter 4 of the Acts of 2008, Chapter 14 of the Acts of 2009, Chapter 9 of the Acts of 2011 and Chapter 37 of the Acts of 2013, is further amended by
(a) striking out clause (ka) and substituting the following clauses:
and(b) striking out "and Municipal Relations" in the first and second lines of clause (o).
8 Section 2 of Chapter 2 of the Acts of 2010, the Finance Act, is amended by
(a) adding "and Treasury Board" immediately after "Finance" in clause (f);
(b) adding "and Treasury Board" immediately after "Finance" in clause (g); and
(c) adding "and Treasury Board" immediately after "Finance" in clause (s).
9 Clause 3(y) of Chapter 6 of the Acts of 2002, the Fire Safety Act, is amended by striking out "Environment and Labour" in the first and second lines and substituting "Municipal Affairs".
10 Section 38 of Chapter 4 of the Acts of 1994-95, the Gaming Control Act, as enacted by Chapter 63 of the Acts of 2011, is amended by
(a) striking out "and Municipal Relations" in the first and second lines of clause (a); and
(b) striking out "and Municipal Relations" in the second line of clause (b).
11 Clause 2(f) of Chapter 7 of the Acts of 2005, the Halifax-Dartmouth Bridge Commission Act, is amended by adding "and Treasury Board" immediately after "Finance" in the first line.
12 (1) Subsection 2(1) of Chapter 217 of the Revised Statutes, 1989, the Income Tax Act, as enacted by Section 61 of Chapter 4 of the Acts of 2000, is amended by
(a) adding "and Treasury Board" immediately after "Finance" in the third line of subclause (e)(i);
(b) adding "and Treasury Board" immediately after "Finance" in the third and in the sixth lines of subclause (f)(i);
(c) adding "and Treasury Board" immediately after "Finance" in the third line of subclause (l)(i);
(d) adding "and Treasury Board" immediately after "Finance" in the fifth line of subclause (n)(i); and
(e) adding "and Treasury Board" immediately after "Finance" in the fourth line of subclause (n)(ii).
(2) Subsection 2(10) of Chapter 217, as enacted by Section 61 of Chapter 4 of the Acts of 2000, is amended by adding "and Treasury Board" immediately after "Finance" in the seventh and in the ninth lines of the right-hand column of clause (j).
13 Subsection 8A(2) of Chapter 217, as enacted by Chapter 3 of the Acts of 2010, is amended by
(a) adding "and Treasury Board" immediately after "Finance" in the third line of clause (a); and
(b) adding "and Treasury Board" immediately after "Finance" in the fourth line of clause (b).
14 Clause 17A(1)(c) of Chapter 217, as enacted by Chapter 2 of the Acts of 2006, is amended by adding "and Treasury Board" immediately after "Finance" in the second line.
15 Section 22A(1) of Chapter 217, as enacted by Chapter 2 of the Acts of 2006 and amended by Chapter 3 of the Acts of 2010, is further amended by adding "and Treasury Board" immediately after "Finance" in the third line.
16 (1) Subsection 42(2) of Chapter 217, as enacted by Chapter 9 of the Acts of 2007, is amended by adding "and Treasury Board" immediately after "Finance" in the second line.
(2) Subsection 42(3) of Chapter 217, as enacted by Section 61 of Chapter 4 of the Acts of 2000 and amended by Chapter 9 of the Acts of 2007, is further amended by adding "and Treasury Board" immediately after "Finance" in the second line.
17 Section 45 of Chapter 217, as enacted by Section 61 of Chapter 4 of the Acts of 2000, is amended by adding immediately after subsection (1) the following subsection:
(2) Subsection 47A(3) of Chapter 217, as enacted by Chapter 9 of the Acts of 2007, is amended by
(a) adding "and Treasury Board" immediately after "Finance" in the first and in the second lines of clause (a); and
(b) adding "and Treasury Board" immediately after "Finance" in the first and in the second lines of clause (b).
(3) Subsection 47A(4) of Chapter 217, as enacted by Chapter 9 of the Acts of 2007, is amended by adding "and Treasury Board" immediately after "Finance" in the first and in the second lines.
20 Section 48 of Chapter 217, as enacted by Section 61 of Chapter 4 of the Acts of 2000, is amended by adding immediately after subsection (1) the following subsection:
(a) adding "and Treasury Board" immediately after "Finance" in the second and third lines of clause (a); and
(b) adding "and Treasury Board" immediately after "Finance" in the first line of clause (b).
22 (1) Subsection 101(2) of Chapter 217, as enacted by Section 61 of Chapter 4 of the Acts of 2000, is amended by adding "and Treasury Board" immediately after "Finance" in the first line.
(2) Subsection 101(3) of Chapter 217, as enacted by Section 61 of Chapter 4 of the Acts of 2000, is amended by adding "and Treasury Board" immediately after "Finance" in the fifth line.
23 Subsection 105(3) of Chapter 217, as enacted by Section 61 of Chapter 4 of the Acts of 2000, is amended by adding "and Treasury Board" immediately after "Finance" in the fifth and sixth lines.
24 Subsection 19(3) of Chapter 260 of the Revised Statutes, 1989, the Liquor Control Act, as enacted by Chapter 4 of the Acts of 2001, is amended by adding "and Treasury Board" immediately after "Finance" in the third line.
25 (1) Subsection 24(1) of Chapter 260, as enacted by Chapter 4 of the Acts of 2001, is amended by adding "and Treasury Board" immediately after "Finance" in the second line.
(2) Subsection 24(2) of Chapter 260, as enacted by Chapter 4 of the Acts of 2001, is amended by adding "and Treasury Board" immediately after "Finance" in the fourth line.
(3) Subsection 24(3) of Chapter 260, as enacted by Chapter 4 of the Acts of 2001 and amended by Chapter 2 of the Acts of 2010, is further amended by adding "and Treasury Board" immediately after "Finance" in the first and in the seventh lines.
26 (1) Subsection 25A(1) of Chapter 260, as enacted by Chapter 4 of the Acts of 2001, is amended by adding "and Treasury Board" immediately after "Finance" in the second line.
(2) Subsection 25A(2) of Chapter 260, as enacted by Chapter 4 of the Acts of 2001 and amended by Chapter 2 of the Acts of 2010, is further amended by adding "and Treasury Board" immediately after "Finance" in the last line.
27 Section 26 of Chapter 260, as amended by Chapter 4 of the Acts of 2001, is further amended by adding "and Treasury Board" immediately after "Finance" in the third line.
28 Section 27 of Chapter 260, as amended by Chapter 4 of the Acts of 2001 and Chapter 2 of the Acts of 2010, is further amended by adding "and Treasury Board" immediately after "Finance" in the second line.
29 Section 32 of Chapter 260, as enacted by Chapter 28 of the Acts of 2000 and amended by Chapter 2 of the Acts of 2010, is further amended by adding "and Treasury Board" immediately after "Finance" in the third line.
30 (1) Subsection 118(2) of Chapter 260, as amended by Chapter 4 of the Acts of 2001, is further amended by adding "and Treasury Board" immediately after "Finance" in the fifth line.
(2) Subsection 118(5) of Chapter 260, as amended by Chapter 4 of the Acts of 2001 and Chapter 2 of the Acts of 2010, is further amended by adding "and Treasury Board" immediately after "Finance" in the second last line.
31 Clause 2(j) of Chapter 282 of the Revised Statutes, 1989, the Members' Retiring Allowances Act, is amended by adding "and Treasury Board" immediately after "Finance" in the first line.
32 Subsection 6(3) of Chapter 282, as amended by Chapter 29 of the Acts of 1993 and Chapter 2 of the Acts of 2010, is further amended by adding "and Treasury Board" immediately after "Finance" in the sixth line.
33 Subsection 9(1) of Chapter 282, as amended by Chapter 2 of the Acts of 2010, is further amended by adding "and Treasury Board" immediately after "Finance" in the eight line.
34 Clause 2(d) of Chapter 11 of the Acts of 2005, the Petroleum Products Pricing Act, is amended by striking out "and Municipal Relations" in the first and second lines.
35 Clause 3(k) of Chapter 12 of the Acts of 2011, the Public Procurement Act, is amended by striking out "Economic and Rural Development and Tourism" in the first and second lines and substituting "Internal Services".
36 Chapter 12 is further amended by adding immediately after Section 5 the following Section:
(2) Subsection 7(3) of Chapter 12 is amended by striking out "Economic and Rural Development and Tourism" in the first and second lines and substituting "Internal Services".
38 Clause 18(2) of Chapter 12 is amended by striking out the comma in the first line.
39 Section 2 of Chapter 376 of the Revised Statutes, 1989, the Public Service Act, is repealed and the following substituted:
(a) the Department of Agriculture;
(b) the Department of Communities, Culture and Heritage;
(c) the Department of Community Services;
(d) the Department of Economic and Rural Development and Tourism;
(e) the Department of Education and Early Childhood Development;
(g) the Department of Environment;
(h) the Department of Finance and Treasury Board;
(i) the Department of Fisheries and Aquaculture;
(j) the Department of Health and Wellness;
(k) the Department of Intergovernmental Affairs;
(l) the Department of Internal Services;
(m) the Department of Justice;
(n) the Department of Labour and Advanced Education;
(o) the Department of Municipal Affairs;
(p) the Department of Natural Resources;
(q) the Department of Seniors;
(r) the Department of Transportation and Infrastructure Renewal.
41 Subsection 24(5) of Chapter 376, as enacted by Chapter 4 of the Acts of 2001, is amended by adding "officers and" immediately after "those" in the last line.
42 Subclause 25IB(a)(ix) of Chapter 376 is repealed.
43 Chapter 376 is amended by adding immediately after Section 25L the following heading and Sections:
- 25M (1) There shall be an Office of Service Nova Scotia that may be referred to as Service Nova Scotia.
(2) Service Nova Scotia shall be presided over by the Minister of Service Nova Scotia who has the supervision, direction and control of all affairs and matters relating to Service Nova Scotia and who shall supervise the performance of the functions of Service Nova Scotia.
(3) The Governor in Council may appoint a person to be the Chief Executive Officer of Service Nova Scotia who shall be paid such salary as the Governor in Council determines and who shall perform such duties as are from time to time prescribed by the Governor in Council.
(4) Such other officers and employees as are required for the purposes of Service Nova Scotia may be appointed pursuant to the Civil Service Act and that Act applies to those officers and employees.
25N The Minister of Service Nova Scotia has, unless specifically assigned to another member of the Executive Council, the supervision, direction and control of all affairs and matters relating to
(a) access to government services and programs;
(b) consumer protection, including residential tenancies;
(c) drivers and vehicles, except the determination of permissible vehicle weights and dimensions in relation to travel on public highways;
(d) consumer proposals and Part X of the Bankruptcy and Insolvency Act (Canada);
(e) geographic information services;
(h) the real property registries, the Personal Property Registry, the office of the Registrar of Joint Stock Companies, the Nova Scotia Business Registry, the Registry of Motor Vehicles and the office of the Registrar of Vital Statistics;
(i) Part IV of the Revenue Act for administration purposes;
(j) liquor control, film licensing and classification, amusement control and gaming control;
(k) the administration of Acts, orders and regulations relating to the matters set out in clauses (a) to (j);
(l) the collection of debts for departments and governmental units under programs designated by the Minister of Finance and Treasury Board; and
(m) such other matters as may be assigned to the Minister by the Governor in Council or statute.
25O (1) The Governor in Council shall appoint a person to be Provincial Tax Commissioner.
(2) The Provincial Tax Commissioner shall perform the duties and have the powers imposed and conferred upon the Provincial Tax Commissioner by or pursuant to the Revenue Act and any other Acts, and shall perform such other duties as are prescribed by the Governor in Council or the Minister of Service Nova Scotia.
(3) The Provincial Tax Commissioner shall, under the direction of the Chief Executive Officer of Service Nova, carry out and report upon those duties and responsibilities that are imposed and conferred upon the Provincial Tax Commissioner as Provincial Tax Commissioner.
44 Section 32 of Chapter 376, as enacted by Chapter 4 of the Acts of 2001, is amended by
(a) adding immediately after clause (a) the following clause:
45 Section 44A of Chapter 376, as enacted by Chapter 38 of the Acts of 1993 and amended by Chapter 37 of the Acts of 2013, is further amended by adding immediately after clause (db) the following clause:
47 Clause 46G(ka) of Chapter 376 is repealed.
48 Chapter 376 is further amended by adding immediately after Section 46E the following heading and Sections:
- 46EA The Department of Internal Services shall be presided over by the Minister of Internal Services who has the supervision, direction and control of all affairs and matters relating to the Department and who shall supervise the performance and functions of the Department.
46EB The Minister of Internal Services has, unless specifically assigned to another member of the Executive Council, the supervision, direction and control of all matters relating to
(a) public safety and field communications systems and services;
(b) environmental services for the Government of the Province;
(c) security support services, risk management and claims for the Government of the Province;
(d) information, communication and technology services for the Government of the Province;
(e) records management for the Government of the Province;
(f) identity and access management for the Government of the Province, including designation of the Provincial identity information services provider;
(g) information access and privacy policy for the Government of the Province;
(h) operational accounting, internal audit, payroll client relations and payment transaction services;
(i) acquisition and disposal of personal property belonging to or under the control of the Government of the Province;
(j) the provision of Government procurement services;
(k) the superintendence and management of all buildings and property, including leasing and licensing activities and building maintenance and services, belonging to or under the control of the Government of the Province;
(l) the provision of Government postal services;
(m) printing services and the Queen's Printer;
(n) Nova Scotia Lands Inc., Harbourside Commercial Park Inc., Sydney Utilities Limited and Sydney Steel Corporation; and
(o) such other matters as may be assigned to the Minister by the Governor in Council or by statute.
46EC (1) The Governor in Council may appoint a person to be Chief Information Officer.
(2) The Chief Information Officer shall, under the direction of the Deputy Minister of Internal Services, carry out and report upon those duties and responsibilities that are imposed and conferred upon the Chief Information Officer.
49 Chapter 376 is further amended by adding immediately after Section 46G the following heading and Sections:
- 46H The Department of Municipal Affairs shall be presided over by the Minister of Municipal Affairs who has the supervision, direction and control of all affairs and matters relating to the Department and who shall supervise the performance of the functions of the Department.
46I The Minister of Municipal Affairs has, unless specifically assigned to another member of the Executive Council, the supervision, direction and control of all affairs and matters relating to
(a) municipal relations and provincial-municipal relations;
(d) the Office of the Fire Marshal; and
(e) such other matters as may be assigned to the Minister by the Governor in Council or by statute.
50 The heading immediately before Section 67 and Sections 67, 68 and 69 of Chapter 376 are repealed.
51 (1) Clause 73(e) of Chapter 376 is repealed.
(2) Section 73 of Chapter 376, as enacted by Chapter 4 of the Acts of 2001 and amended by Chapter 4 of the Acts of 2008, is further amended by adding immediately after clause (f) the following clause:
52 Section 87 of Chapter 376 is repealed.
53 (1) Subsection 88(1) of Chapter 376 is amended by striking out "in the public" in the second last line and substituting "of eligible".
(2) Clause 88(3)(a) of Chapter 376 is amended by striking out "in the public" in the second line and substituting "of eligible".
(3) Subsection 88(5) of Chapter 376 is amended by striking out "24" in the first line and substituting "54".
(4) Subsection 88(9) of Chapter 376 is amended by striking out "public" means public" in the first and in the second lines and substituting in each case "eligible".
54 Clause 2(zf) of Schedule B of Chapter 4 of the Acts of 2012, the Public Service Superannuation Act, is amended by adding "and Treasury Board" immediately after "Finance" in the first line.
55 Subsection 49(6) of Schedule B of Chapter 4 of the Acts of 2012 is amended by adding "and Treasury Board" immediately after "Finance" in the third and in the fifth lines.
56 Clause 2(o) of Chapter 28 of the Acts of 1996, the Real Estate Trading Act, as amended by Chapter 27 of the Acts of 2011, is further amended by striking out "and Municipal Relations" in the first and second lines.
57 Clause 2(c) of Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act, as amended by Chapter 40 of the Acts of 1993 and Chapter 10 of 2002, is further amended by striking out "and Municipal Relations" in the first and second lines.
58 Subsection 18A(1) of Chapter 401, as enacted by Chapter 31 of the Acts of 1992 and amended by Chapter 10 of the Acts of 2002, is further amended by striking out "and Municipal Relations" in the second line.
59 Subsection 29(3) of Chapter 401, as enacted by Chapter 40 of the Acts of 1993 and amended by Chapter 72 of the Acts of 2010, is further amended by striking out "and Municipal Relations" in the second line.
60 Clause 2(d) of Chapter 17 of the Acts of 1995-96, the Revenue Act, is amended by adding "and Treasury Board" immediately after "Finance" in the first line.
61 Clause 2(x) of Chapter 418 of the Revised Statutes, 1989, the Securities Act, as amended by Chapter 46 of the Acts of 2006, is further amended by adding "and Treasury Board" immediately after "Finance" in the first and second lines.
62 (1) Subsection 12(2) of Chapter 418 is amended by adding "and Treasury Board" immediately after "Finance" in the fifth line.
(2) Subsection 12(3) of Chapter 418 is amended by adding "and Treasury Board" immediately after "Finance" in the fourth line.
63 Section 24 of Chapter 418, as amended by Chapter 15 of the Acts of 1990, is further amended by adding "and Treasury Board" immediately after "Finance" in the ninth and in the twelfth lines.
64 Section 36 of Chapter 28 of the Acts of 2014 is repealed and the following Section substituted:
65 Clause 2(f) of Chapter 33 of the Acts of 2000, the Sydney Steel Corporation Sale Act, is amended by adding "and Treasury Board" immediately after "Finance" in the first line.
66 Clause 2(d) of Chapter 26 of the Acts of 1998, the Teachers' Pension Act, is amended by adding "and Treasury Board" immediately after "Finance" in the first line.
67 (1) Clause 2(ca) of Chapter 466 of the Revised Statutes, 1989, the Theatres and Amusements Act, as enacted by Chapter 28 of the Acts of 2000 and amended by Chapter 8 of the Acts of 2012, is further amended by striking out "and Municipal Relations" in the first and second lines.
(2) Clause 2(ea) of Chapter 466, as enacted by Chapter 28 of the Acts of 2000 and amended by Chapter 8 of the Acts of 2012, is further amended by striking out "and Municipal Relations" in the first and second lines.
68 Section 64 has effect on and after May 1, 2014.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2014 Crown in right of Nova Scotia. Created November 20, 2014. Send comments to legc.office@novascotia.ca.
