Back to top

BILL NO. 103

(as introduced)

2nd Session, 63rd General Assembly
Nova Scotia
68 Elizabeth II, 2019

 

Government Bill

 

Justices of the Peace Act
(amended)

 

The Honourable Mark Furey
Attorney General and Minister of Justice



First Reading: March 8, 2019

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

Clause 1 changes the role of the commission under the Act from determining the hourly rate to be paid to justices of the peace to recommending the rate.

Clause 2 provides that a timing provision applies to the second report, not the second commission.

Clause 3

(a) requires the Minister of Justice to forward the commission's recommendations to the Governor in Council within 45 days of receiving a report;

(b) authorizes the Governor in Council to confirm, vary or reject the recommendations;

(c) requires the Governor in Council to provide reasons where recommendations are varied or rejected;

(d) requires the Governor in Council to implement any confirmed or varied recommendations that do not require legislation so they take effect on April 1st of the year immediately following the year in which the commission is required to submit its report; and

(e) requires the Governor in Council to introduce legislation to implement any confirmed or varied recommendations that require legislation to take effect within one year of the commission's report.

Clause 4 repeals a provision that made decisions of the commission respecting a request for a change to a report final and binding on the Minister and the Nova Scotia Presiding Justices of the Peace Association.

An Act to Amend Chapter 244
of the Revised Statutes, 1989,
the Justices of the Peace Act

Be it enacted by the Governor and Assembly as follows:

1 Subsection 11A(1) of Chapter 244 of the Revised Statutes, 1989, the Justices of the Peace Act, as enacted by Chapter 39 of the Acts of 2013, is amended by striking out "determine" in the first line and substituting "recommend".

2 Subsection 11H(2) of Chapter 244, as enacted by Chapter 39 of the Acts of 2013, is amended by

(a) adding "second" immediately after "The" the first time it appears in the first line; and

(b) striking out "second" immediately after "the" the second time it appears in the first line.

3 Sections 11I and 11J of Chapter 244 are repealed and the following Sections substituted:

    11I (1) Recommendations made in the report of a commission that are confirmed or varied by the Governor in Council, other than those that require legislation, take effect on April 1st in the year immediately following the year in which the commission is required to submit its report or such later date as recommended by the commission and confirmed or varied by the Governor in Council.

    (2) Where recommendations of the commission that are confirmed or varied by the Governor in Council require legislation for implementation, the Minister shall, within one year of the report of the commission, introduce in the House of Assembly the necessary legislation to implement the recommendations as confirmed or varied by the Governor in Council.

    11J (1) Within 45 days of receipt of the report prepared by the commission pursuant to subsection 11B(1), the Minister shall forward the report to the Governor in Council.

    (2) The Governor in Council shall, without delay, confirm, vary or reject each of the recommendations contained in the report referred to in subsection (1).

    (3) Upon varying or rejecting the commission's recommendations in accordance with subsection (2), the Governor in Council shall provide reasons for so doing to both the commission and the Association.

    (4) The Governor in Council shall, without delay, cause the confirmed and varied recommendations to be implemented, and the recommendations have the same force and effect as if enacted by the Legislature once implemented and are in substitution of any existing legislation relating to those matters.

4 Subsection 11L(4) of Chapter 244 is repealed.

 


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2019 Crown in right of Nova Scotia. Created March 8, 2019. Send comments to legc.office@novascotia.ca.