BILL NO. 1

(as introduced)

1st Session, 65th General Assembly
Nova Scotia
3 Charles III, 2025

Government Bill

An Act Respecting Government
Organization and Administration

The Honourable Tim Houston
Premier

First Reading: February 18, 2025

(Explanatory Notes)

Second Reading: March 4, 2025

Third Reading: March 24, 2025 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 amends the Auditor General Act to allow the Auditor General to be removed by the Governor in Council on the passing of a two-thirds vote of the House of Assembly for reasons other than cause or incapacity.

Clauses 2 and 3 authorize the Attorney General to designate records and information as being subject to solicitor-client privilege, litigation privilege, settlement privilege or public interest immunity.

Clause 4 repeals a Section that required the Auditor General to review and provide an opinion on the revenue estimates used in the budget address of the Minister of Finance and Treasury Board.

Clause 5 adds a procedure for delivering performance audits to the House of Assembly.

Clause 6 requires the Auditor General, upon request of the relevant member of the Executive Council, to submit a report confidentially to the House. A report submitted confidentially may not be disclosed except in an in camera meeting of a committee of the House or where the Public Accounts Committee determines that the report, or part of the report, should not remain confidential.

Clause 7 requires the Auditor General to provide a draft of a report to the responsible Minister and the Minister of Finance and Treasury Board before submitting, publishing or disclosing the report.

Clause 8 adds a definition of "department" to the Civil Service Act.

Clauses 9 and 10 amend allow for dismissal without cause in situations other than a layoff.

Clause 11 repeals a provision respecting fixed election dates.

Clause 12 amends the Executive Council Act to reflect the current titles of members of the Executive Council.

Clauses 13 and 14

(a) provide for the payment to members of Executive Council having charge of an office or offices the amounts determined under the House of Assembly Act; and

(b) remove the ability for the Governor in Council to set the payment for a member of the Executive Council not having charge of a department or office, since that amount is now determined under the House of Assembly Act.

Clause 15 provides for a salary for ministerial assistants.

Clause 16 amends the Freedom of Information and Protection of Privacy Act to

(a) restrict applicants for access to a record from requesting records without sufficient particulars; and

(b) allow the head of a public body to disregard frivolous or vexatious requests for access to records.

Clause 17 provides for a suspension of time periods while a matter is under review or appeal.

Clause 18 allows the head of a public body to disregard frivolous or vexatious requests for correction of personal information.

Clause 19 provides for the expedited review of decisions made in respect of requests considered frivolous or vexatious by the head of a public body.

Clause 20 allows the Review Officer to decline to conduct or discontinue a review in specified circumstances, subject to judicial review.

Clause 21 allows certain decisions to be appealed to the Supreme Court of Nova Scotia.

Clauses 22 and 23 amend the House of Assembly Act to make amendments to recognize that there may be more than one Deputy Speaker.

Clause 24

(a) makes amendments to recognize that there may be more than one Deputy Speaker; and

(b) clarifies that a member who receives an additional amount under Section 45A of that Act for occupying the recognized position of Leader of the Opposition or leader of a recognized party is not entitled the amount provided for those positions in the House of Assembly Management Commission Regulations.

Clause 25 sets baseline levels of compensation for various positions effective December 1, 2024. A person may opt out of any increases, but doing so prevents that person from receiving any future increases.

Clauses 26 to 28 amend the Members' Retiring Allowances Act to include amounts payable for service in various listed positions as pensionable income.

Clause 29 amends the Municipal Government Act to restrict applicants for access to a record from requesting records from a municipality without sufficient specificity.

Clause 30 allows the responsible officer of a municipality to disregard frivolous or vexatious requests for access to records.

Clause 31 provides for a suspension of time periods while a matter is under review or appeal.

Clause 32 allows the responsible officer of a municipality to disregard frivolous or vexatious requests for correction of personal information.

Clause 33 provides for the expedited review of decisions made in respect of requests considered frivolous or vexatious by the responsible officer of a municipality.

Clause 34 amends the Privacy Review Officer Act to

(a) allow the Privacy Review Officer to disregard frivolous or vexatious privacy complaints; and

(b) decline to conduct or discontinue privacy complaints in certain circumstances, subject to judicial review.

Clause 35 replaces petitions to the Governor in Council for the granting of a right of way across private land for mining, quarrying, farming or forestry with applications to the Supreme Court of Nova Scotia.

Clause 36 provides that unresolved petitions made to the Governor in Council before the coming into force of this Act for a right of access are terminated and of no effect.

Clause 37 amends the Public Service Act to reflect the current names of departments.

Clause 38 broadens the authority of members of the Executive Council to enter into agreements.

Clause 39 requires the Public Service Commission to coordinate public sector labour relations in regard to public sector employee compensation.

Clauses 40 to 66 update the names of departments and offices and their responsibilities.

Clause 67 allows any power created in the amendments to the Freedom of Information and Protection of Privacy Act, Municipal Government Act and Privacy Review Officer Act to be exercised in respect of outstanding requests and complaints made before the coming into force of that power.

Clause 68 provides that

(a) certain provisions have effect on proclamation; and

(b) amendments to the Members' Retiring Allowances Act have retroactive effect to January 1, 2025.

An Act Respecting Government
Organization and Administration

Be it enacted by the Governor and Assembly as follows:

PART I

AUDITOR GENERAL ACT

1 Subsection 3(5) of Chapter 33 of the Acts of 2010, the Auditor General Act, is amended by striking out "for cause or incapacity".

2 Subsections 14(6) and (7) of Chapter 33 are repealed.

3 Chapter 33 is further amended by adding immediately after Section 14 the following Section:

(2) An order under subsection (1) is, for the purpose of this Act, conclusive proof that the record or information described therein is subject to solicitor-client privilege, litigation privilege, settlement privilege or public interest immunity.

(3) An order under subsection (1) is subject to judicial review on a standard of reasonableness.

(4) The Governor in Council may make regulations respecting the Attorney General's determination and designation of records and information subject to solicitor-client privilege, litigation privilege, settlement privilege or public interest immunity, including regulations

(a) prescribing matters that the Attorney General may or shall consider in making a determination under subsection (1);

(b) prescribing the form or content of an order under subsection (1);

(5) The exercise by the Governor in Council of the power contained in subsection (4) is a regulation within the meaning of the Regulations Act.

4 Section 20 of Chapter 33 is repealed.

5 Section 21 of Chapter 33 is amended by adding immediately after subsection (3) the following subsection:

(4) Subject to Section 21A, a report referred to in subsection (3) must be submitted to the Speaker of the House or, where the House is not sitting, to the Clerk of the House, and the Speaker shall lay the report before the House immediately or, where the House is not sitting, within ten days of it next sitting.

6 Chapter 33 is further amended by adding immediately after Section 21 the following Section:

(2) Upon receipt of a request pursuant to subsection (1), the Auditor General shall submit the report confidentially to the Speaker of the House or, where the House is not sitting, confidentially to the Clerk of the House.

(3) The Speaker shall deliver a report submitted confidentially pursuant to subsection (2) confidentially to the members of the House.

(4) Except in accordance with the regulations and subject to subsections (5), (7) and (8), no person shall disclose information in a report that has been submitted confidentially pursuant to subsection (2).

(5) A member of the House may disclose information in a report that has been submitted confidentially under subsection (2) in an in camera meeting of a committee of the House.

(6) The Speaker, after consulting with the member of Executive Council who made the request pursuant to subsection (1) and the Auditor General, may refer the report to the Public Accounts Committee, with a request that the Public Accounts Committee consider whether the report, or any part thereof, contains information that in the interests of public safety or otherwise in the public interest should remain confidential.

(7) Where the Public Accounts Committee determines that a report submitted confidentially under subsection (2) does not contain information that in the interests of public safety or otherwise in the public interest should remain confidential, subsection (4) does not apply to the report.

(8) Where the Public Accounts Committee determines that a part or parts of a report submitted confidentially under subsection (2) do not contain information that in the interests of public safety or otherwise in the public interest should remain confidential, the Public Accounts Committee may declare that the part or parts of the report may be disclosed, and subsection (4) does not apply to the part or parts of the report.

(9) The House of Assembly Management Commission may make regulations respecting the disclosure of information in a report that has been submitted confidentially under subsection (2), including regulations

(a) prescribing categories of persons who may disclose information subject to subsection (4);

(b) prescribing categories of persons to whom information subject to subsection (4) may be disclosed;

(10) The exercise by the Management Commission of the authority contained in subsection (9) is a regulation within the meaning of the Regulations Act.

7 Chapter 33 is further amended by adding immediately after Section 25 the following Section:

(2) The Auditor General shall not submit a report to the House of Assembly or otherwise publish or disclose the report or any of its contents sooner than fourteen days, or such other period of time as is prescribed by the regulations, after the final draft of the report was provided to the member or members of the Executive Council and the Minister of Finance and Treasury Board under subsection (1).

(3) The Governor in Council may make regulations respecting the provision of final drafts of reports, including regulations

(a) prescribing the manner and form in which the Auditor General must provide a draft report under subsection (1);

(b) prescribing a period of time longer or shorter than fourteen days for the purpose of subsection (2).

(4) The exercise by the Governor in Council of the authority contained in subsection (3) is a regulation within the meaning of the Regulations Act.

PART II

CIVIL SERVICE ACT

8 Section 2 of Chapter 70 of the Revised Statutes, 1989, the Civil Service Act, as amended by Chapter 38 of the Acts of 1993, Chapter 4 of the Acts of 2001 and Chapter 14 of the Acts of 2015, is further amended by adding immediately after clause (da) the following clause:

(db) "department" means a department, office, special operating agency or other body created or continued under the Public Service Act;

9 Section 25 of Chapter 70 is repealed and the following Section substituted:

25 Notwithstanding any other enactment, including the Labour Standards Code, but subject to the terms of a collective agreement, a deputy head may dismiss an employee in the department without cause and compensate the employee in accordance with the regulations.

10 Clause 45(1)(n) of Chapter 70 is repealed and the following clauses substituted:

(na) procedures for dismissal with or without cause;

PART III

ELECTIONS ACT

11 Section 29A of Chapter 5 of the Acts of 2011, the Elections Act, is repealed.

PART IV

EXECUTIVE COUNCIL ACT

12 Section 3 of Chapter 155 of the Revised Statutes, 1989, the Executive Council Act, as enacted by Chapter 29 of the Acts of 2021 and amended by Chapter 6 of the Acts of 2024, is further amended by

(a) striking out "Nova Scotia" in clause (i);

(b) striking out clause (k) and substituting the following clause:

(k) the Minister of Cyber Security and Digital Solutions;

(d) adding immediately after clause (ma) the following clause:

(mb) the Minister of Energy;

(e) striking out "Initiatives" in clause (o);

(f) adding immediately after clause (r) the following clause:

(ra) the Minister of Growth and Development;

(g) striking out "and Housing" in clause (x);

(h) striking out "and Renewables" in clause (y);

(i) striking out clause (z);

(j) adding immediately after clause (y) the following clause:

(ya) the Minister of Opportunities and Social Development;

(k) striking out clause (ad); and

(l) adding immediately after clause (ae) the following clause:

(aea) the Minister of Service Efficiency;

13 Subsection 6(2) of Chapter 155, as amended by Chapter 6 of the Acts of 2017, is further amended by adding "or office or offices" immediately after "departments".

14 Section 7 of Chapter 155 is repealed and the following Section substituted:

(2) The salary referred to in subsection (1) commences on the first day of the month in which the member takes office and is discontinued on the earlier of

(a) the last day of the month in which the member ceases to hold the office in respect of which the salary is paid; and

(b) the first day of the month in which the member is appointed the head of a department or office.

(3) There must be paid to every member of the Executive Council not in charge of a department or office a sum sufficient to indemnify the member for the member's expenses incurred by reason of the member's duties as a member of the Council.

(4) Where a member of the Executive Council not having charge of a department or office attends at meetings of the Council on fewer than thirty-six days on which such meetings are held, there must be deducted from the salary mentioned in subsection (1) the sum of seventy-five dollars in respect of each day short of thirty-six on which the member failed to attend.

(5) Where pursuant to Section 4 of the Public Service Act an affair or matter is assigned to a member of the Executive Council not in charge of a department, there must be paid to the member a supplementary allowance of an amount or at a rate determined by the Governor in Council.

15 Section 9A of Chapter 155, as enacted by Chapter 14 of the Acts of 2009, is amended by adding "(1)" immediately after the Section number and adding the following subsections:

(3) The salary under subsection (2) shall be payable out of the General Revenue Fund of the Province in monthly instalments, commencing as of the first day of the month in which the ministerial assistant is appointed and being discontinued as of the last day of the month in which the ministerial assistant ceases to hold the position of ministerial assistant.

(4) Every ministerial assistant shall be paid from the General Revenue Fund of the Province a sum sufficient to indemnify the ministerial assistant for reasonable expenses incurred for travelling or otherwise in the discharge of the ministerial assistant's official duties.

PART V

FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

16 Section 6 of Chapter 5 of the Acts of 1993, the Freedom of Information and Protection of Privacy Act, is repealed and the following Sections substituted:

(a) making a request in writing to the public body that has the custody or control of the record;

(b) specifying the topic or issue of the requested record with sufficient particulars as to time, place and event to enable an individual familiar with the topic or issue to identify the record; and

(2) For greater certainty, a request for access to a record must specify the record requested or, where the record in which the relevant information may be contained is not known to the applicant, provide sufficient particulars as to time, place and event to enable a person familiar with the topic or issue to identify the requested record.

(3) For greater certainty, where a request is made for records in the form of electronic mail written by a person or between persons, the request must specify the topic or issue of the requested records.

6A (1) Subject to clause 7(1)(a), the head of the public body to which one or more requests are made under Section 6 may disregard the requests if the applicant does not provide sufficient particulars in accordance with subsection 6(1).

(2) The head of a public body may disregard one or more requests for access if the head is of the opinion that

(a) the requests are trivial, frivolous or vexatious;

(b) the requests are for information already provided to the applicant;

(ii) excessively broad or incomprehensible, or

(iii) otherwise not made in good faith; or

(d) responding to the requests would unreasonably interfere with the operations of the public body.

6B A decision under Section 6A must be made within fourteen days of the receipt of an application for access.

6C In a decision under Section 6A, the head of the public body shall state

(a) that requests are refused and the reason why;

(b) the reasons for the head's decision; and

17 Chapter 5 is further amended by adding immediately after Section 9 the following Section:

(a) when a request for review is filed with the Review Officer under Section 31A or 34 and when the Review Officer provides a written report to the head of the public body or otherwise disposes of the review; and

(b) when a notice of appeal is given to the Minister pursuant to Section 41 and when the Supreme Court provides a copy of its decision to the Minister.

18 Chapter 5 is further amended by adding immediately after Section 25 the following Sections:

(a) the requests are trivial, frivolous or vexatious;

(b) the personal information has already been corrected;

(ii) excessively broad or incomprehensible, or

(iii) otherwise not made in good faith; or

(d) responding to the requests would unreasonably interfere with the operations of the public body.

25B Decisions under Section 25A must be made within fourteen days of the receipt of the requests for correction.

19 Chapter 5 is further amended by adding immediately before Section 32 the following Sections:

(2) A request for review may not be made under Section 32 in respect of a decision made under Section 6A or 25A.

31B On receiving a request for a review, the Review Officer shall forthwith give a copy to

(a) the head of the public body concerned; and

(b) any other person that the Review Officer considers appropriate.

31C The Review Officer shall issue a recommendation on a request for a review under Section 31A within fourteen days of receipt of the request.

31D (1) Within fourteen days after receiving a recommendation of the Review Officer pursuant to Section 31C, the head of the public body shall

(a) make a decision to follow the recommendation of the Review Officer, in full or in part, or any other decision that the head of the public body considers appropriate; and

(b) give written notice of the decision to the Review Officer and the persons who were sent a copy of the report.

(2) Where the head of the public body does not follow the recommendation of the Review Officer, the head of the public body shall, in writing, inform the persons who were sent a copy of the report of the right to appeal the decision to the Supreme Court within thirty days of making the decision.

(3) Where the head of the public body does not give notice within the time required by subsection (1), the head of the public body is deemed to have refused to follow the recommendation of the Review Officer.

20 Chapter 5 is further amended by adding immediately after Section 37 the following Sections:

(a) the institution has responded adequately to the matter;

(b) the matter has been or could be more appropriately dealt with, initially or completely, by means of a procedure other than a complaint or review under this Act;

(d) the review is trivial, frivolous or vexatious or is made in bad faith;

(e) the subject-matter of the review is already the object of an ongoing review; or

(f) the subject-matter of the review has already been addressed by the Review Officer.

37B Upon the Review Officer making a decision under Section 37A, the Review Officer shall

(a) notify the applicant that the Review Officer has refused to conduct the review or discontinued the review, as the case may be;

(b) give the applicant the reasons for the Review Officer's decision; and

(c) inform the applicant that the applicant may file a request for judicial review with the Supreme Court respecting the decision.

21 Subsection 41(1) of Chapter 5 is amended by striking out "Section 40" and substituting "Section 6A, 31D or 40".

PART VI

HOUSE OF ASSEMBLY ACT

22 Subsection 14(3) of Chapter 1 (1992 Supplement) of the Revised Statutes, 1989, the House of Assembly Act, is amended by striking out "the Deputy" and substituting "a Deputy".

23 Section 16 of Chapter 1 is amended by

(a) striking out "the Deputy" the first time it appears and substituting "a Deputy"; and

(b) adding "whom the Deputy Speaker replaced" immediately after "the previous Deputy Speaker".

24 (1) Clause 42(1)(b) of Chapter 1 is amended by striking out "the" and substituting "a".

(2) Subsection 42(2) of Chapter 1, as amended by Chapter 2 of the Acts of 2010, is further amended by striking out "the Deputy" and substituting "a Deputy".

(3) Section 42 of Chapter 1, as amended by Chapters 2 and 5 of the Acts of 2010 and Chapter 6 of the Acts of 2017, is further amended by adding immediately after subsection (4) the following subsection:

(4A) A member who is eligible to receive an annual salary under subsection (3) or (4) is not entitled to receive any payment under Section 31 of the House of Assembly Management Commission Regulations.

25 Section 45A of Chapter 1 is repealed and the following Section substituted:

(a) a member of the House: $115,000;

(b) the Speaker: $63,250;

(d) the Leader of the Opposition: $63,250;

(e) the leader of any other recognized opposition party: $37,950;

(f) the member of the Executive Council holding the recognized position of Premier: $115,748;

(g) a member of the Executive Council having charge of a department or departments or office or offices: $63,250;

(h) a member of the Executive Council not having charge of a department or departments or office or offices: $40,250; and

(i) a ministerial assistant: $16,100.

(2) Notwithstanding subsection (1), where, on or before March 31, 2025, a person described in subsection (1) indicates in writing to the Speaker that the person does not wish to receive an increased annual indemnity or salary pursuant to subsection (1), the person shall continue to receive the annual indemnity and salary that was payable to the person immediately before December 1, 2024.

(3) Subject to subsection (4), in each subsequent year on April 1st, commencing on April 1, 2026, the annual indemnity and salaries payable to the persons described in subsection (1) must be increased by the percentage increase in salary provided to civil servants for the current fiscal year.

(4) After a person has declined an increase pursuant to subsection (2),

(a) the person's annual indemnity and salary shall not be increased pursuant to subsection (3); and

(b) where the person holds a position referred to in clauses (1)(b) to (i), the person's annual salary is the salary payable in respect of that position before the coming into force of this Section.

(5) No amount may be paid out in respect of an annual indemnity and salary increased by operation of subsection (1) before May 1, 2025.

PART VII

MEMBERS' RETIRING ALLOWANCES ACT

26 Clause 2(e) of Chapter 282 of the Revised Statutes, 1989, the Members' Retiring Allowances Act, is repealed and the following clause substituted:

(ii) for

(B) the House Leader,

(D) the person recognized by the Speaker as occupying the position of House Leader of the Official Opposition,

(E) the person recognized by the Speaker as occupying the position of Deputy House Leader of the Official Opposition,

(F) the person recognized by the Speaker as occupying the position of house leader of a recognized party,

(G) the person recognized by the Speaker as occupying the position of deputy house leader of a recognized party,

(H) the whip of each recognized party, and

(I) the caucus chair of each recognized party,

the amount specified for that position in the House of Assembly Management Commission Regulations,

and, where a member holds more than one position under subclauses (i) and (ii), means the total annual salary to which the member is entitled;

27 Section 8 of Chapter 282, as amended by Chapter 2 of the Acts of 2010, is further amended by adding immediately after subsection (2) the following subsection:

(3) Notwithstanding subsections (1) and (2), a member who holds a position referred to in clause 2(e), shall, in addition to the contributions made as a member, other than a member excluded by order of the Governor in Council, pay into the General Revenue Fund of the Province eight per cent of the member's annual salary.

28 Section 12 of Chapter 282, as amended by Chapters 2 and 3 of the Acts of 2010, Chapter 39 of the Acts of 2011 and Schedule B of Chapter 4 of the Acts of 2012, is further amended by adding immediately after subsection (8) the following subsection:

(9) For greater certainty, a reference in this Section to one or more of the positions mentioned in Section 8 includes the positions referred to in clause 2(e).

PART VIII

MUNICIPAL GOVERNMENT ACT

29 Section 466 of Chapter 18 of the Acts of 1998, the Municipal Government Act, is amended by adding immediately after subsection (2) the following subsections:

(4) For greater certainty, where a request is made for records in the form of electronic mail written by a person or between persons, the request must specify the topic or issue of the requested records.

30 Chapter 18 is further amended by adding immediately after Section 466 the following Sections:

(2) The responsible officer to which one or more requests for access are made under subsection 466(1) may disregard the requests if the head is of the opinion that

(a) the requests are trivial, frivolous or vexatious;

(b) the requests are for information already provided to the applicant;

(ii) excessively broad or incomprehensible, or

(iii) otherwise not made in good faith; or

(d) responding to the requests would unreasonably interfere with the operations of the municipality.

466B A decision under Section 466A must be made within fourteen days of the receipt of an application for access.

466C In a decision under Section 466A, the responsible officer shall state

(a) that the requests are refused and the reason why;

(b) the reasons for the responsible officer's decision; and

31 Chapter 18 is further amended by adding immediately after Section 469 the following Section:

(a) when a request for review is filed with a review officer under Section 487 or 488 and when the review officer provides a written report to the responsible officer or otherwise disposes of the review; and

(b) when a notice of appeal is received by the responsible officer pursuant to Section 494 and when the Supreme Court of Nova Scotia provides a copy of its decision to the responsible officer.

32 Chapter 18 is further amended by adding immediately after Section 484 the following Sections:

(a) the requests are trivial, frivolous or vexatious;

(b) the personal information has already been corrected;

(ii) excessively broad or incomprehensible, or

(iii) otherwise not made in good faith; or

(d) responding to the requests would unreasonably interfere with the operations of the municipality.

484B Decisions under Section 484A must be made within fourteen days of the receipt of the requests for correction.

33 Chapter 18 is further amended by adding immediately after Section 486 the following Sections:

(2) A request for review may not be made under Section 487 in respect of a decision made under Section 466A or 484A.

486B On receiving a request for a review, the review officer shall forthwith give a copy to

(a) the responsible officer of the municipality concerned; and

(b) any other person that the review officer considers appropriate.

486C The review officer shall issue a recommendation on a request for a review under Section 486A within fourteen days of receipt of the request.

486D (1) Within fourteen days after receiving a recommendation of the review officer pursuant to Section 486C, the responsible officer of a municipality shall

(a) make a decision to follow the recommendation of the review officer, in full or in part, or any other decision that the responsible officer considers appropriate; and

(b) give written notice of the decision to the review officer and the persons who were sent a copy of the report.

(2) Where the responsible officer of a municipality does not follow the recommendation of the review officer, the responsible officer shall, in writing, inform the persons who were sent a copy of the report of the right to appeal the decision to the Supreme Court within thirty days of making the decision.

(3) Where the responsible officer of a municipality does not give notice within the time required by subsection (1), the responsible officer is deemed to have refused to follow the recommendation of the review officer.

PART IX

PRIVACY REVIEW OFFICER ACT

34 Chapter 42 of the Acts of 2008, the Privacy Review Officer Act, is amended by adding immediately after Section 6 the following Sections:

(a) the complaints are trivial, frivolous or vexatious;

(b) the complaints do not relate to the applicant's personal information;

(ii) excessively broad or incomprehensible, or

(iii) otherwise not made in good faith; or

(d) responding to the complaints would unreasonably interfere with the operations of the public body.

6B Decisions under Section 6A must be made within 14 days of the receipt of a privacy complaint.

6C In a decision under Section 6A, the Privacy Review Officer shall state

(a) that privacy complaints are refused and the reason why;

(b) the reasons for the Privacy Review Officer's decision; and

6D The Privacy Review Officer may, at any stage of a privacy complaint, refuse to conduct the complaint or discontinue the complaint for whatever reason the Privacy Review Officer considers proper or necessary including if the Privacy Review Officer is of the opinion that

(a) the institution has responded adequately to the complaint;

(b) the complaint has been or could be more appropriately dealt with, initially or completely, by means of a procedure other than a complaint under this Act;

(d) the complaint is trivial, frivolous or vexatious or is made in bad faith;

(e) the subject-matter of the complaint is already the object of an ongoing review under this Section; or

(f) the subject-matter of the complaint has already been addressed by the Privacy Review Officer.

6E Upon the Privacy Review Officer making a decision under Section 6D, the Privacy Review Officer shall

(a) notify the applicant that the Privacy Review Officer has refused to conduct the complaint or discontinued the complaint, as the case may be;

(b) give the applicant the reasons for the Privacy Review Officer's decision; and

(c) inform the applicant that the applicant may file a request for judicial review with the Supreme Court of Nova Scotia respecting the decision.

PART X

PRIVATE WAYS ACT

35 The heading immediately before Section 2 and Sections 2 to 15 of Chapter 358 of the Revised Statutes, 1989, the Private Ways Act, are repealed and the following heading and Sections substituted:

PART I

APPLICATION TO SUPREME COURT OF NOVA SCOTIA

(a) "Court" means the Supreme Court of Nova Scotia;

(b) "Nova Scotia Land Surveyor" has the same meaning as in the Land Surveyors Act;

3 (1) Where

(a) an owner or leaseholder of real property

(ii) requires access across privately owned lands for that purpose exclusively; and

(b) the owner of the privately owned lands has refused to permit access,

the owner or leaseholder may make an application to the Court seeking an order for a right of way over the privately owned lands.

(2) An application for an order under subsection (1) must be made in accordance with the Civil Procedure Rules and include

(a) the intended purpose of the right of way;

(b) identification of the property over which the right of way is sought;

(d) other evidence that demonstrates that the right of way is necessary for access for the intended purpose.

4 A right of way sought under this Part must not run through any existing gardens, orchards or structures of the owner of the land over which it is sought and must be located so as to not unreasonably disturb the quiet use and enjoyment of that owner.

5 (1) On hearing an application under this Part, the Court shall issue an order directing that a right of way be issued to the applicant if satisfied that

(a) the intended purpose of the right of way is one for which a right of way may be granted under this Part;

(b) the right of way is necessary for the intended purpose;

(d) there is no reasonable alternative route of access.

(2) An order under subsection (1) must

(a) define the boundaries of the right of way based on a plan of survey prepared by a Nova Scotia Land Surveyor;

(b) specify the nature and extent of the right of way and whether the right of way is to continue in perpetuity or be for a fixed term of years; and

(3) The applicant is responsible for the cost of any survey required under subsection (2).

(4) The Court shall determine the amount of compensation the landowner is entitled to for the right of way based on a valuation prepared at the applicant's cost by an accredited appraiser who may be selected by the parties by mutual agreement or, where the parties fail to agree, by the Court.

6 Regardless of the result of the application, the applicant is responsible for the applicant's costs for the application and for the reasonable costs of the respondent in responding to the application, as determined by the Court.

7 An appeal of a decision of the Court under this Part may be made to the Nova Scotia Court of Appeal.

8 The Judicature Act and the Civil Procedure Rules apply to applications, hearings, orders and appeals under this Part.

36 Any petition made to the Governor in Council under Part I of the Private Ways Act before the coming into force of this Act that has not been resolved or otherwise decided on by the Governor in Council is null and no damages, costs, actions or other remedies may be sought or commenced against the Province by any party to an unresolved petition.

PART XI

PUBLIC SERVICE ACT

37 Section 2 of Chapter 376 of the Revised Statutes, 1989, the Public Service Act, as enacted by Chapter 29 of the Acts of 2021 and amended by Chapter 6 of the Acts of 2024, is further amended by

(a) striking out clause (d) and substituting the following clause:

(d) the Department of Cyber Security and Digital Solutions;

(b) striking out clause (e);

(d) adding immediately after clause (fa) the following clause:

(fb) the Department of Energy;

(e) adding immediately after clause (i) the following clause:

(ia) the Department of Growth and Development;

(f) striking out "and Housing" in clause (n);

(g) striking out "and Renewables" in clause (o); and

(h) adding immediately after clause (o) the following clause:

(oa) the Department of Opportunities and Social Development;

38 Section 6 of Chapter 376 is repealed and the following Section substituted:

(a) the Government of Canada;

(b) the government of another province of Canada;

(d) an association of foreign states or subnational units;

(e) an agency of a party listed in clauses (a) to (d).

(2) Notwithstanding subsection (1), the approval of the Governor in Council is not required for a member of the Executive Council to enter into an agreement with a party listed in clauses (1)(a) to (e) if the agreement is exempt from the requirement to obtain the approval of the Governor in Council under the regulations.

(3) For greater certainty, the approval of the Governor in Council is not required for a member to enter into an agreement on behalf of the Province with a party listed in clauses (1)(a) to (e) if the member of the Executive Council is authorized by another enactment to enter into the agreement and the other enactment does not require the approval of the Governor in Council.

(4) For greater certainty, the approval of the Governor in Council is not required for a member of the Executive Council to enter into an agreement on behalf of the Province with a municipality or an association of municipalities.

(5) The Governor in Council may make regulations

(a) exempting an agreement or class of agreements from the requirement under subsection (1) to obtain the approval of the Governor in Council including, without limiting the generality of the foregoing, exempting

(ii) a class of agreements based on the member of Executive Council entering into the agreement, and

(iii) agreements providing for the receipt or expenditure of less than a specified dollar amount;

(b) imposing terms, conditions or requirements on agreements exempted from, or falling within a class exempted from, the requirement under subsection (1) to obtain the approval of the Governor in Council.

(6) The exercise by the Governor in Council of the authority contained in subsection (5) is a regulation within the meaning of the Regulations Act.

39 Section 17B of Chapter 376, as enacted by Chapter 4 of the Acts of 2001, is amended by adding immediately after clause (f) the following clause:

(fa) coordinate public sector labour relations in regard to public sector employee compensation;

40 Sections 25IA, 25IB and 25IC of Chapter 376 are repealed.

41 (1) Subsection 25J(1) of Chapter 376, as enacted by Chapter 29 of the Acts of 2021, is amended by striking out "Initiatives".

(2) Subsection 25J(2) of Chapter 376 is repealed and the following subsection substituted:

(2) The Office shall be presided over by the Minister of Equity and Anti-Racism who has the supervision, direction and control of all affairs and matters relating to equity and anti-racism initiatives other than the Land Titles Initiative established under Section 8B of the Land Titles Clarification Act, which is assigned to the Minister of African Nova Scotian Affairs.

(3) Subsection 25J(3) of Chapter 376 is amended by striking out "Initiatives".

(4) Subsection 25J(4) of Chapter 376 is amended by

(a) striking out "the" the first time it appears; and

(b) striking out "Initiatives".

(5) Subsection 25J(5) of Chapter 376 is amended by striking out "Initiatives".

42 Sections 25LA, 25LB and 25LC of Chapter 376 are amended by striking out "Regulatory Affairs and Service Effectiveness" wherever it appears and substituting in each case "Service Efficiency".

43 The heading immediately before Section 25M of Chapter 376 is repealed and "DEPARTMENT OF ADVANCED EDUCATION" substituted.

44 Sections 25P and 25Q and the heading immediately before Section 25P of Chapter 376 are repealed.

45 The heading immediately before Section 31 of Chapter 376 is amended by striking out "COMMUNITY SERVICES" and substituting "OPPORTUNITIES AND SOCIAL DEVELOPMENT".

46 Sections 31 and 32 of Chapter 376 are amended by

(a) striking out "Community Services" wherever it appears and substituting in each case "Opportunities and Social Development"; and

(b) renumbering as Sections 49 and 50.

47 Chapter 376 is further amended by adding immediately after Section 30C the following heading and Sections:

DEPARTMENT OF CYBER SECURITY AND DIGITAL SOLUTIONS

31 The Department of Cyber Security and Digital Solutions shall be presided over by the Minister of Cyber Security and Digital Solutions 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.

32 The Minister of Cyber Security and Digital Solutions has, unless specifically assigned to another member of the Executive Council, the supervision, direction and control of all matters relating to

(a) communication, cyber security, information and technology services for the Government of the Province;

(b) access to, and collection of information for, the design, delivery and operation of government programs and services;

(c) digital transformation of government programs, services and delivery to allow for access by Nova Scotians to high-quality citizen-centred programs and services;

(d) cross-government platform services for the design, delivery and operation of citizen-centred government programs and services, including identity access management for the Province; and

(e) any other function respecting cyber security, data management, digital services or digital transformation.

48 The heading immediately before Section 33 of Chapter 376 is amended by striking out "ECONOMIC DEVELOPMENT" and substituting "GROWTH AND DEVELOPMENT".

49 Sections 33 and 34 of Chapter 376, as enacted by Chapter 29 of the Acts of 2021, are amended by

(a) striking out "Economic Development" wherever it appears and substituting in each case "Growth and Development"; and

(b) renumbering as Sections 44D and 44E.

50 Section 34A of Chapter 376, as enacted by Chapter 29 of the Acts of 2021 and amended by Chapter 37 of the Acts of 2022, is further amended by

(a) striking out "Economic Development" and substituting "Growth and Development";

(b) adding immediately after clause (c) the following clause:

(ca) housing;

(d) renumbering as Section 44F.

51 Section 34B of Chapter 376, as enacted by Chapter 37 of the Acts of 2022, is amended by

(a) striking out "Economic Development" and substituting "Growth and Development"; and

(b) renumbering as Section 44G.

52 Chapter 376 is further amended by adding immediately after Section 36B the following heading and Sections:

DEPARTMENT OF ENERGY

36C The Department of Energy shall be presided over by the Minister of Energy 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.

36D The Minister of Energy has, unless specifically assigned to another member of the Executive Council, the supervision, direction and control of all matters relating to:

(a) matters over which the Legislature has jurisdiction relating to the development, conservation, management and protection of energy;

(b) all matters relating to energy resources, including oil and gas, electricity and renewable energy and other natural resources when used for the production of energy, including

(ii) conducting research and analysis related to the effective management of the Province's energy resources, including development, exploration and use of such resources,

(iii) liaising with other governments, other departments, organizations, advisory groups, regulators and associations to advance the interests and concerns of the Province and facilitate coordinated energy policies, activities and programs,

(iv) managing the Province's energy resources in order to achieve optimum economic, environmental and social value from the energy sector, including issuing rights to use the Province's oil and gas resources and monitoring the use of these rights, and

(v) promoting the effective, efficient and environmentally sound use of energy;

53 Subsection 41A(2) of Chapter 376, as enacted by Chapter 29 of the Acts of 2021, is amended by striking out "The" and substituting "Except as provided by subsection 41B(2), the".

54 Section 41B of Chapter 376, as enacted by Chapter 29 of the Acts of 2021, is amended by

(a) adding "(1)" immediately after the Section number;

(b) striking out clauses (a) to (h) of subsection (1), as renumbered, and substituting the following clauses:

(b) provide strategic advice and analysis in the areas of policy, planning and communication in support of government's mandate;

(c) provide corporate agenda management, operational and communications support to the Executive Council and its committees;

(d) examine submissions to the Executive Council to ensure conformity with policy and legal requirements;

(e) prepare orders in council to implement decisions of the Executive Council and register, distribute and index orders in council;

(f) provide strategic marketing, digital communications and advertising support for government, including media planning and buying, design and creative services;

(g) develop policies and guidelines with respect to communications from the government of the province;

(h) coordinate public sector labour relations; and

(i) work to enhance interministerial collaboration in the advancement of government's mandate and the work of the Executive Council.

and

(2) In respect of government communications, including communicating the policy agenda of the Province, providing strategic advice and analysis in the area of communication in support of government's mandate, providing communications support to the Executive Council and its committees, and the matters described in clauses 41B(1)(f) and (g), the Executive Council Office shall be presided over by the Minister of Communications, who has the supervision, direction and control of matters concerning government communications.

55 Clause 44A(dc) is repealed.

56 Section 46EA of Chapter 376, as enacted by Chapter 34 of the Acts of 2014 and amended by Chapter 29 of the Acts of 2021, is renumbered as Section 74.

57 Section 46EB of Chapter 376, as enacted by Chapter 34 of the Acts of 2014 and amended by Chapter 29 of the Acts of 2021 and Chapter 6 of the Acts of 2024, is further amended by

(a) striking out "security support services," in clause (c);

(b) striking out "and" at the end of clause (m);

(na) consumer protection, including residential tenancies;

(nb) consumer proposals and Part X of the Bankruptcy and Insolvency Act (Canada);

(nc) condominiums;

(nd) vital statistics;

(ne) the Land Registry and Registry of Deeds, the Personal Property Registry, the Registry of Joint Stock Companies, the Nova Scotia Business Registry and the Registry of Vital Statistics;

(nf) Part IV of the Revenue Act for administration purposes;

(ng) amusement control, gaming control, film licensing and classification and liquor control;

(nh) the collection of debts for departments and governmental units under programs designated by the Minister of Finance and Treasury Board; and

and

(d) renumbering as Section 75.

58 Section 46EC of Chapter 376 is repealed.

59 The heading immediately before Section 46H of Chapter 376 is amended by striking out "AND HOUSING".

60 Section 46H of Chapter 376, as enacted by Chapter 34 of the Acts of 2014 and amended by Chapter 29 of the Acts of 2021, is further amended by striking out "and Housing" wherever it appears.

61 Section 46I of Chapter 376, as enacted by Chapter 34 of the Acts of 2014 and amended by Chapter 29 of the Acts of 2021 and Chapter 6 of the Acts of 2024, is further amended by

(a) striking out "and Housing"; and

(b) striking out clause (ba).

62 The heading immediately before Section 47 of Chapter 376 is amended by striking out "AND RENEWABLES".

63 Section 47 of Chapter 376, as enacted by Chapter 4 of the Acts of 2001 and amended by Chapter 29 of the Acts of 2021, is further is amended by striking out "and Renewables" wherever it appears.

64 Section 48 of Chapter 376, as enacted by Chapter 4 of the Acts of 2001 and amended by Chapter 29 of the Acts of 2021, is further amended by

(a) striking out "and Renewables";

(b) striking out "the development, management, conservation and protection of energy," in clause (a); and

65 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, Chapter 34 of the Acts of 2014 and Chapter 29 of the Acts of 2021, is further amended by

(a) adding immediately after clause (fa) the following clause:

(g) environmental services for the Government of the Province;

and

(b) adding immediately after clause (h) the following clause:

(i) 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;

66 The Sections of Chapter 376 renumbered by this Act are reordered numerically together with their corresponding headings.

EFFECT OF CERTAIN AMENDMENTS

67 Any power created under Sections 16 to 21, 29 to 33 and Section 34 of this Act may be exercised in respect of outstanding requests and complaints made before the coming into force of that power.

EFFECTIVE DATES

68 (1) Sections 8 to 10 and 38 have effect on such day as the Governor in Council may order and declare by proclamation.

(2) Sections 26 to 28 have effect on and after January 1, 2025.

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2025 Crown in right of Nova Scotia. Created February 18, 2025. Send comments to legc.office@novascotia.ca.

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BILL NO. 1

(as introduced)

An Act Respecting Government Organization and Administration

Explanatory Notes

An Act Respecting Government Organization and Administration

More Information

An Act Respecting Government
Organization and Administration

An Act Respecting Government
Organization and Administration