BILL NO. 103

(as passed)

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

 

Government Bill

 

Justices of the Peace Act
(amended)

 

CHAPTER 18 OF THE ACTS OF 2019

 

The Honourable Mark Furey
Attorney General and Minister of Justice

 

First Reading: March 8, 2019 (LINK TO BILL AS INTRODUCED)

Second Reading: March 12, 2019

Third Reading: April 9, 2019

Royal Assent: April 12, 2019

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3 Sections 11I and 11J of Chapter 244 are repealed and the following Sections substituted: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

 

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