Back to top

BILL NO. 143

(as introduced)

1st Session, 64th General Assembly
Nova Scotia
71 Elizabeth II, 2022

 

Government Bill

 

Boat Harbour Act
(amended)

 

The Honourable Brad Johns
Attorney General and Minister of Justice



First Reading: April 7, 2022

(Explanatory Notes)

Second Reading: April 12, 2022

Third Reading: April 20, 2022 (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1

(a) clarifies that all actions with respect to the closure of the Boat Harbour Efflu-ent Treatment Facility against the provincial Crown or a member of the Executive Council, their officers, employees or agents, including an action for damages, are prohibited under the Act;

(b) removes a provision respecting the lease agreement between the Crown and Scott Maritimes; and

(c) confirms that the Act applies to a current claim against the Crown.

Clause 2 provides that subclause 1(1) has retroactive effect to May 11, 2015 and subclause (2) has retroactive effect to February 1, 2020.

An Act to Amend Chapter 4
of the Acts of 2015,
the Boat Harbour Act

Be it enacted by the Governor and Assembly as follows:

1 (1) Subsection 4(1) of Chapter 4 of the Acts of 2015, the Boat Harbour Act, is amended by

(a) adding ", including any action for damages or any other compensation," immediately after "action" in the first line; and

(b) adding ", their officers, employees or agents for any claims or causes of action, whether based in law or equity," immediately after "Council" in the second line.

(2) Subsection 4(2) of Chapter 4 is repealed.

(3) Section 4 of Chapter 4 is amended by adding immediately after subsection (2) the following subsection:

    (3) For greater certainty, subsection (1) includes all claims and causes of action seeking damages and other relief as currently pleaded in the Supreme Court of Nova Scotia, Hfx. No. 511473, Northern Pulp Nova Scotia Corporation et al. v. The Attorney General of Nova Scotia.

2 (1) Subsection 1(1) has effect on and after May 11, 2015.

(2) Subsection 1(2) has effect on and after February 1, 2020.

 


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2022 Crown in right of Nova Scotia. Created April 22, 2022. Send comments to legc.office@novascotia.ca.