BILL NO. 137
(as introduced)
1st Session, 65th General Assembly
Nova Scotia
4 Charles III, 2025
Government Bill
Making Business Easier Act
The Honourable Timothy Halman
Minister of Service Efficiency
First Reading: September 23, 2025
Second Reading: September 25, 2025
Third Reading: October 3, 2025 (LINK TO BILL AS PASSED)
Explanatory Notes
Clause 1 sets out the short title of this Act.
Clause 2 provides for the coming into force of the Agriculture Appeal and Review Board Act.
Clause 3 amends the Apprenticeship and Trades Qualifications Act to
(a) remove the definition of "Director";
(b) revise the definitions of "authorized person", "Deputy Minister", "designated trade" and "Minister"; and
(c) add a definition of "officer".
(a) provide that persons necessary for the administration and enforcement of the Act, regulations and operating charter must be appointed in accordance with the Civil Service Act;
(b) amend the authority of the Minister of Labour, Skills and Immigration to authorize any person to perform the Minister's duties and functions and exercise the Minister's powers under the Act, the general regulations and the operating charter as set out under the authorization, except for the Minister's authority to appoint members of the Apprenticeship Board;
(c) allow the Chief Executive Officer to authorize any employee of the Nova Scotia Apprenticeship Agency to perform the duties and functions and exercise the powers of the Chief Executive Officer under the Act, the general regulations, the trade regulations and the operating charter as set out under the authorization; and
(d) allow the Chief Executive Officer to appoint employees of the Agency as officers and authorized persons.
(a) update references to "Director" and "authorized person"; and
Clause 13 clarifies that the Apprenticeship Board makes trade regulations by way of orders of the Board.
Clauses 14 and 15 replace references to "Director of Partner and Innovation" with "Chief Executive Officer".
Clauses 16 to 18 update references to "Director" and "authorized person".
Clause 19 amends the Governor in Council's regulation-making authority by
(a) removing unnecessary references to "the Director";
(c) replacing references to "Director" and "authorized person" with "Chief Executive Officer" and "officer"; and
(d) replacing a reference to the "Director of Partnership and Innovation" with "Chief Executive Officer".
Clause 20 replaces all references to "Director" or "Director's" in the Act that were not already amended through Clauses 6 to 19 with "Chief Executive Officer" or "Chief Executive Officer's", as the case may be.
Clause 21 repeals the Baby Chick Protection Act.
Clause 22 amends the Beaches Act to update the title of the Minister.
(a) amends provisions to use gender-neutral language; and
(b) updates the title of the Deputy Minister of Natural Resources.
(a) provide for an exception to be made to the prohibition on removal of material from a beach;
(b) amend a provision to use gender-neutral language;
(c) provide that the Act does not prohibit or restrict the removal of material from a beach that is Crown land if the removal is done in accordance with certain regulations under the Crown Lands Act; and
(d) add authority for the Minister of Natural Resources to make regulations authorizing the removal of seaweed from a beach under specified circumstances.
Clause 26 amends provisions to use gender-neutral language.
Clause 27 updates the definitions of "Minister" and "municipality" in the Building Code Act.
(a) allows the Minister of Growth and Development to make regulations prescribing an organization that may issue evaluation reports for the purpose of the Building Code;
(b) requires notice of proposed changes to the regulations to be published in the Royal Gazette instead of newspapers; and
(c) allows copies of regulations to be sent to the chief administrative officer of a municipality instead of the clerk and by electronic mail.
(a) replace a reference to inspector with building official; and
(b) amend provisions to use gender-neutral language.
Clause 32 allows a building official to consider the use of a material, product, system or design to be in compliance with the Building Code if a publicly available product evaluation report from an organization prescribed by the regulations contains evidence that it complies with the intent of the Building Code.
Clause 33 corrects a reference to the Supreme Court of Nova Scotia.
Clause 34 replaces "Chairman" with "Chair".
Clause 35 corrects a grammatical error.
Clause 36 adds the Technical Safety Act to a list of Acts that the Building Code Act does not affect.
Clause 37 corrects grammatical errors.
Clause 38 updates the definition of "Minister" in the Collection and Debt Management Agencies Act.
(a) removes the prohibition against unlicensed collectors and unlicensed debt collection agents;
(b) creates prohibitions against persons carrying on the activities of collectors or debt management agents unless they are employed, appointed or authorized to act for or on behalf of a licensed collection agency or a licensed debt management agency; and
(c) creates a prohibition against a person acting as a collector and a debt management agent at the same time.
(a) removes the prohibition against persons representing themselves as collectors or debt management agents unless they hold a collector's licence or a debt management agent's licence; and
(b) prohibits persons from representing themselves as collectors or debt management agents unless they are employed, appointed or authorized to act for or on behalf of a licensed collection agency or a licensed debt management agency.
Clause 41 removes requirements respecting licences for collectors and debt management agents.
Clause 42 provides that, instead of licensed collectors and licensed debt management agents, collectors and debt management agents who receive remuneration or other compensation from a collection agency or a debt management agency are deemed to be authorized to act for or on behalf of that collection agency or debt management agency.
Clause 43 removes requirements respecting notice for when a collector ceases to represent a collection agency or when a debt management agent ceases to represent a debt management agency.
Clause 44 removes references to collectors and debt management agents in the provision respecting actions taken under the Act.
(a) removes prohibitions respecting the transfer of a collector's licence or a debt management agent's licence; and
(b) removes the requirements for new applications for a collector's licence or a debt management agent's licence.
Clause 46 allows the Minister of Service Nova Scotia to extend, during a state of emergency, the expiry date of a licence issued under the Act.
(a) allows the Registrar to suspend or cancel a licence due to the actions of a person acting on behalf of the licensee; and
(b) removes the provisions respecting the automatic termination of a collector's licence or a debt management agent's licence.
Clause 48 prohibits a debt management agent from collecting or attempting to collect a debt without providing the agent's full name as shown in the debt management agency's records.
Clause 49 removes requirements respecting the employment of unlicensed collectors or unlicensed debt management agents.
Clause 50 extends the prohibition against false or misleading statements to persons acting for or on behalf of a licensee.
Clause 51 removes references to collectors and debt management agents in the provision respecting certificates of the Registrar.
Clauses 52 and 53 amend the Companies Act to
(a) add definitions of "designated jurisdiction", "extra-provincial registrar" and "federal registrar"; and
(b) allow the Registrar of Joint Stock Companies to share information respecting a registered company with the equivalent registrars of other designated Canadian jurisdictions in which the company does business.
Clauses 54 and 55 allow the Minister of Service Nova Scotia to extend, during a state of emergency, the expiry date of a permit issued under the Consumer Protection Act.
Clauses 56 and 57 amend the Corporations Registration Act to
(a) add definitions of "designated jurisdiction", "extra-provincial registrar" and "federal registrar";
(b) allow the Registrar of Joint Stock Companies to enter into agreements with designated Canadian jurisdictions for the collection and sharing of information respecting corporations; and
(c) allow the Governor in Council to make regulations for the purpose of the Act.
Clause 58 amends the Court and Administrative Reform Act to change the requirements for ministerial policies and procedures governing the acquisition or disposal of real property or an interest in real property by the Crown to
(a) exempt donations of real property from the requirement that the real property acquired or disposed of be less than a certain acreage or value;
(b) remove the prohibition against the acquisition of a leasehold interest in real property;
(c) remove the requirement for a procedure to determine if the real property has been identified by the Minister of Natural Resources as a significant wildlife habitat;
(d) remove the prohibition against the sale of real property that has been identified as a significant wildlife habitat; and
(e) clarify that the requirement that the transaction be based on market value does not prohibit the acquisition of real property at less than market value or the disposition of real property at more than market value.
Clause 59 amends the Crown Lands Act to give the Minister of Natural Resources power to make regulations authorizing the cutting and removal of non-timber resources from Crown lands if the resources are to be used for domestic purposes and not for resale.
Clause 60 allows the Minister of Service Nova Scotia to extend, during a state of emergency, the expiry date of a permit issued under the Direct Sellers' Regulation Act.
Clause 61 allows the Minister to extend, during a state of emergency, the expiry date of a funeral home licence issued under the Embalmers and Funeral Directors Act.
Clause 62 amends the Farm Registration Act to
(a) update references to the name of the Department of Agriculture;
(b) remove a definition of "Appeal Committee";
(c) add a definition of "Deputy Minister"; and
(d) provide that the Nova Scotia Federation of Agriculture is designated as a general farm organization unless the designation is revoked by the regulations.
Clause 63 removes the provision establishing the Appeal Committee and setting out details respecting its composition and the appointment of its members.
Clause 64 provides that, in place of the Appeal Committee, the Deputy Minister of Agriculture hears appeals of decisions made under the Farm Registration Act.
Clause 65 provides that the Minister of Agriculture may, by regulation, revoke the designation of an organization as a general farm organization.
Clause 66 abolishes the Appeal Committee.
Clause 67 repeals the Farmers' Fruit, Produce and Warehouse Associations Act.
Clauses 68 to 73 amend Part II of the Health Protection Act to
(a) allow for permits to operate food establishments for a temporary event to be issued by notification; and
(b) exempt certain food establishments from the requirement to pay a fee for a permit or the renewal of a permit.
Clause 74 repeals the Imitation Dairy Products Act.
Clause 75 amends the Invest Nova Scotia Act to
(a) add a definition of "business development incentive"; and
(b) update the definitions of "Deputy Minister" and "Minister".
Clause 76 replaces a reference to the Department of Economic Development with the Department of Growth and Development.
(a) provides Invest Nova Scotia with the power to take security on any business development incentives provided; and
Clause 78 provides that the Chief Executive Officer of Invest Nova Scotia reports to the Minister of Growth and Development or the Deputy Minister of Growth and Development, as designated by the Minister.
Clause 79 allows the Minister of Growth and Development to establish committees and councils.
Clause 80 allows the Minister to establish an Advisory Board for Invest Nova Scotia.
Clause 81 gives the Governor in Council the power to make regulations respecting committees and councils and to further define any word or expression defined in the Act.
Clause 82 repeals the Margarine Act.
Clause 83 repeals the Potato Industry Act.
Clauses 84 to 86 amend the Public Highways Act to
(a) add a definition of "Department";
(b) update the titles of the Minister of Public Works and the Deputy Minister of Public Works; and
(c) replace the requirement to apply for permission to break up the soil of a highway with a requirement to provide written notice.
Clause 87 amends the title of the Regulatory Accountability and Reporting Act.
Clause 88 amends the Preamble of the Act.
Clause 89 amends the short title of the Act.
(a) repeals the definition of "Joint Office", which refers to an inactive entity; and
(b) updates references to the Office of Service Efficiency and the Minister of Service Efficiency.
(a) provides that the Minister of Service Efficiency is responsible for the general supervision and management of the Act; and
Clause 92 updates a reference to the Charter of Governing Principles.
Clause 93 repeals a subsection respecting an inactive entity.
(a) repeals spent provisions of the Act;
(b) requires every Government department to develop and make publicly available service standards relating to the time within which decisions on the issuance of certain licences and permits must be made;
(c) establishes principles respecting natural resources development;
(d) requires Government departments, on the request of the Minister of Service Efficiency, to develop a red-tape reduction plan;
(e) provides for the establishment of a one-window approach for the issuance of licences, permits and other authorizations required for mineral-resource projects, the establishment of a team of public servants to act as the point of contact for project proponents and a digital solution to allow proponents to assess the status of their applications;
(f) provides for a comprehensive regulatory review of laws, policies and administrative processes relating to mineral-resource projects;
(g) provides for the development of a policy to recognize persons whose professional advice, opinions and certifications relating to mineral-resource projects may be accepted by certain Government departments without further review or with limited further review; and
(h) provides for fees associated with mineral-resources projects to be reviewed for elimination or conditional reimbursement.
Clause 95 provides that specified provisions of this Act come into effect upon proclamation.
The Schedule enacts the Agriculture Appeal and Review Board Act.
An Act Respecting
Regulatory Burden Reduction and
Service Efficiency to
Enable Economic Growth
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Making Business Easier Act.
2 The Schedule, the Agriculture Appeal and Review Board Act, comes into force as provided in that Schedule.
3 Subsection 2(1) of Chapter 1 of the Acts of 2003, the Apprenticeship and Trades Qualifications Act, as amended by Chapter 23 of the Acts of 2006, Chapters 3 and 41 of the Acts of 2014, Chapter 7 of the Acts of 2018 and Chapter 2 of the Acts of 2024, is further amended by
(a) striking out clause (ea) and substituting the following clause:
- (ea) "authorized person" means an employee of the Agency appointed as an authorized person under Section 9;
(b) striking out clause (ia) and substituting the following clause:
- (ia) "Deputy Minister" means the Deputy Minister of Labour, Skills and Immigration;
(c) striking out "Minister" in clause (j) and substituting "Board or the Governor in Council";
(e) striking out clause (p) and substituting the following clause:
- (p) "Minister" means the Minister of Labour, Skills and Immigration;
(f) relettering clause (qa) as (qb) and adding immediately before clause (qb), as relettered, the following clause:
- (qa) "officer" means an employee of the Agency appointed as an officer under Section 9;
4 Subsection 3(2) of Chapter 1 is repealed.
5 Sections 7 to 9 of Chapter 1 are repealed and the following Sections substituted:
- 7 Such persons as are necessary for the administration and enforcement of this Act, the general regulations, the trade regulations and the operating charter shall be appointed in accordance with the Civil Service Act.
8 (1) The Minister may authorize, in writing, any person to perform the duties and functions and exercise the powers of the Minister under this Act, the general regulations and the operating charter as set out in the authorization, except for the Minister's authority to appoint members of the Board under Section 4, and any act done by such person has the same force, validity and effect as if done by the Minister.
(2) The Chief Executive Officer may authorize, in writing, any employee of the Agency to perform the duties and functions and exercise the powers of the Chief Executive Officer under this Act, the general regulations, the trade regulations and the operating charter as set out in the authorization, including any quasi-judicial function of the Chief Executive Officer, and any act done by such employee has the same force, validity and effect as if done by the Chief Executive Officer.
(3) An authorization under this Section may be
(a) general or applicable to a particular case; and
(b) conditional or unconditional.
9 (1) The Chief Executive Officer may appoint from the employees of the Agency such officers and authorized persons as the Chief Executive Officer considers necessary for the administration of this Act.
(2) An officer or authorized person appointed under subsection (1) has the power and shall perform the duties of an officer or authorized person, as the case may be, as set out under this Act and in the appointment.
6 Section 16 of Chapter 1, as amended by Chapter 3 of the Acts of 2014 and Chapter 7 of the Acts of 2018, is further amended by
(a) striking out "Director, or any authorized person" and substituting "Chief Executive Officer, or an officer";
(b) adding "the" immediately after "Act," in clause (d); and
(c) striking out "Director's or authorized person's" in clause (e) and substituting "Chief Executive Officer's or officer's".
7 (1) Subsection 16A(1) of Chapter 1, as enacted by Chapter 7 of the Acts of 2018, is amended by striking out "Director or any authorized person" and substituting "Chief Executive Officer or an officer".
(2) Subsection 16A(2) of Chapter 2, as enacted by Chapter 7 of the Acts of 2018, is amended by
(a) striking out "Director or any authorized person" in clause (a) and substituting "Chief Executive Officer or an officer"; and
(b) striking out "Director or any authorized person" in clause (b) and substituting "Chief Executive Officer or an officer".
(3) Subsection 16A(3) of Chapter 1, as enacted by Chapter 7 of the Acts of 2018, is amended by
(a) striking out "Director or any authorized person" and substituting "Chief Executive Officer or an officer"; and
(b) striking out "Director or the authorized person" and substituting "Chief Executive Officer or an officer".
(4) Subsection 16A(4) of Chapter 1, as enacted by Chapter 7 of the Acts of 2018, is amended by
(a) striking out "Director or an authorized person" and substituting "Chief Executive Officer or an officer"; and
(b) striking out "Director's or authorized person's" and substituting "Chief Executive Officer's or officer's".
8 (1) Subsection 16B(1) of Chapter 1, as enacted by Chapter 7 of the Acts of 2018, is amended by
(a) striking out "Director or an authorized person" and substituting "Chief Executive Officer or an officer"; and
(b) striking out "Director or authorized person" and substituting "Chief Executive Officer or officer".
(2) Subsection 16B(2) of Chapter 1, as enacted by Chapter 7 of the Acts of 2018, is amended by
(a) striking out "Director or authorized person" in clause (b) and substituting "Chief Executive Officer or officer"; and
(b) striking out "Director or authorized person" in clause (c) and substituting "Chief Executive Officer or officer".
(3) Subsection 16B(3) of Chapter 1, as enacted by Chapter 7 of the Acts of 2018, is amended by striking out "Director or authorized person" and substituting "Chief Executive Officer or officer".
(4) Subsection 16B(5) of Chapter 1, as enacted by Chapter 7 of the Acts of 2018, is amended by striking out "Director or authorized person" and substituting "Chief Executive Officer or officer".
(5) Subsection 16B(7) of Chapter 1, as enacted by Chapter 7 of the Acts of 2018, is amended by striking out "Director or authorized person" and substituting "Chief Executive Officer or officer".
9 Subsection 16C(3) of Chapter 1, as enacted by Chapter 7 of the Acts of 2018, is amended by striking out "Director or authorized person" and substituting "Chief Executive Officer or officer".
10 (1) Subsection 16F(1) of Chapter 1, as enacted by Chapter 7 of the Acts of 2018, is amended by striking out "Director or authorized person" wherever it appears and substituting in each case "Chief Executive Officer or officer".
(2) Subsection 16F(2) of Chapter 1, as enacted by Chapter 7 of the Acts of 2018, is amended by striking out "Director or authorized person" and substituting "Chief Executive Officer or officer".
11 (1) Subsection 16G(1) of Chapter 1, as enacted by Chapter 7 of the Acts of 2018, is amended by
(a) striking out "the Director" the first time it appears and substituting "an authorized person"; and
(b) striking out "Director" the second time it appears and substituting "authorized person".
(2) Subsection 16G(2) of Chapter 1, as enacted by Chapter 7 of the Acts of 2018, is amended by
(a) striking out "authorized person" wherever it appears and substituting in each case "officer"; and
(b) striking out "the Director" and substituting "an authorized person".
(3) Subsection 16G(3) of Chapter 1, as enacted by Chapter 7 of the Acts of 2018, is amended by
(a) striking out "the Director" the first time it appears and substituting "an authorized person";
(b) striking out "Director" the second time it appears and substituting "authorized person".
12 Subsection 16J(1) of Chapter 1, as enacted by Chapter 7 of the Acts of 2018, is amended by
(a) striking out "The Director" and substituting "An authorized person"; and
(b) striking out "Director" the second time it appears and substituting "authorized person".
13 Subsection 17A(1) of Chapter 1, as enacted by Chapter 7 of the Acts of 2018, is amended by adding ", by order of the Board," immediately after "may".
14 Section 18 of Chapter 1, as amended by Chapters 3 and 41 of the Acts of 2014 and Chapter 7 of the Acts of 2018, is further amended by striking out "Director of Partnership and Innovation" wherever it appears and substituting in each case "Chief Executive Officer".
15 Clause 18A(1)(d) of Chapter 1, as enacted by Chapter 41 of the Acts of 2014 and amended by Chapter 7 of the Acts of 2018, is further amended by striking out "Director of Partnership and Innovation" and substituting "Chief Executive Officer".
16 Section 24A of Chapter 1, as enacted by Chapter 7 of the Acts of 2018 and amended by Chapter 2 of the Acts of 2024, is further amended by striking out "Director or authorized person" wherever it appears and substituting in each case "Chief Executive Officer or officer".
17 Clause 24B(4)(c) of Chapter 1, as enacted by Chapter 7 of the Acts of 2018, is amended by striking out "the Director" and substituting "an authorized person".
18 Clause 27(1)(c) of Chapter 1, as enacted by Chapter 7 of the Acts of 2018, is amended by striking out "Director or authorized person;" and substituting "Chief Executive Officer or an officer,".
19 Subsection 29(1) of Chapter 1, as amended by Chapter 23 of the Acts of 2006, Chapters 3 and 41 of the Acts of 2014 and Chapter 7 of the Acts of 2018, is further amended by
(a) striking out "the Director," in clause (a);
(b) relettering the second clause (aa) as clause (zb);
(c) relettering the second clause (ab) as clause (zc);
(d) striking out "that have been issued by the Director and certificates of qualification that have been recognized by the Director" in clause (zc), as relettered;
(e) relettering clause (aba) as clause (zd);
(f) striking out "Director, an authorized person" in clause (zd), as relettered, and substituting "Chief Executive Officer, an officer"; and
(g) striking out "Director of Partnership and Innovation" in clause (aj) and substituting "Chief Executive Council".
20 Except as provided in Sections 6 to 19, Chapter 1 is further amended by striking out "Director" or "Director's" wherever those words appear and substituting in each case "Chief Executive Officer" or "Chief Executive Officer's", as the case may be.
21 Chapter 29 of the Revised Statutes, 1989, the Baby Chick Protection Act, is repealed.
22 Clause 3(b) of Chapter 32 of the Revised Statutes, 1989, the Beaches Act, is amended by striking out "Lands and Forests" and substituting "Natural Resources".
23 (1) Clause 5(2)(b) of Chapter 32 is amended by
(a) striking out "him" and substituting "the Minister"; and
(b) striking out "Lands and Forests" and substituting "Natural Resources".
(2) Clause 5(2)(c) of Chapter 32 is amended by
(a) striking out "him" wherever it appears and substituting in each case "the owner"; and
(b) striking out "his" and substituting "the owner's".
24(1) Subsection 6(1) of Chapter 32 is amended by striking out "No" and substituting "Except as provided by the regulations, no".
(2) Subsection 6(2) of Chapter 32 is amended by striking out "fisherman from removing from a beach rocks for ballast for his lobster pots" and substituting "fish harvester from removing from a beach rocks for the fish harvester's lobster pots".
(3) Section 6 of Chapter 32 is further amended by adding immediately after subsection (2) the following subsection:
- (3) Where a beach is Crown land under the Crown Lands Act, nothing in this Act or the regulations prohibits or restricts the removal of material in accordance with regulations made under Section 52 of the Crown Lands Act.
25 Chapter 32 is further amended by adding immediately after Section 14 the following Section:
- 15 (1) The Minister may make regulations authorizing the removal of seaweed from a beach if the material is to be used for domestic purposes and not for resale, including regulations
(a) prescribing or restricting the type of seaweed that may be collected for removal or removed;
(b) prescribing or restricting the amount of seaweed that may be collected for removal or removed;
(c) prescribing or restricting the locations from which seaweed may be collected for removal or removed;
(d) prescribing or restricting the times at which seaweed may be collected for removal or removed;
(e) prescribing or restricting the methods by which seaweed may be collected for removal or removed.
(2) A regulation made under this Section may apply to all persons or to a class of persons and there maybe different regulations for different classes of persons.
(3) he exercise by the Minister of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
26 Section 13 of Chapter 32 is amended by striking out "he" in clauses (c) and (l) and substituting in each case "the Governor in Council".
27 Section 2 of Chapter 46 of the Revised Statutes, 1989, the Building Code Act, as amended by Chapter 47 of the Acts of 2005, is further amended by
(a) striking out "Environment and Labour" in clause (j) and substituting "Growth and Development"; and
(b) striking out "city, an incorporated town or a municipality of a county or district" in clause (k) and substituting "a regional municipality, a town or a county or district municipality".
28 (1) Subsection 4(1) of Chapter 46, as amended by Chapter 47 of the Acts of 2005, is further amended by adding immediately before clause (hd) the following clause:
- (hca) prescribing an organization for the purpose of Section 11A;
(2) Clause 4(4)(b) of Chapter 46 is amended by striking out "a newspaper circulating in the municipalities affected" and substituting "Part I of the Royal Gazette".
(3) Subsection 4(5) of Chapter 46 is repealed and the following subsection substituted:
- (5) A copy of any regulation made pursuant to this Section must be provided to every municipality by sending a copy by mail or electronic mail
(a) where a chief administrative officer is employed for the municipality, to the chief administrative officer; or
(b) where no chief administrative officer is employed for the municipality, to the clerk.
29 Subsection 5(4) of Chapter 46 is amended by striking out "inspector's" and substituting "building official's".
30 Clause 9(4) of Chapter 46, as amended by Chapter 47 of the Acts of 2005, is further amended by striking out "he has given written notice of his" and substituting "the building official has given written notice of the building official's".
31 (1) Clause 11(1)(d) of Chapter 46 is amended by striking out "his" and substituting "the person's".
(2) Subsection 11(3) of Chapter 46, as amended by Chapter 47 of the Acts of 2005, is further amended by striking out "his" and substituting "the owner's".
32 Chapter 46 is further amended by adding immediately after Section 11 the following Section:
- 11A A building official may consider the use of a material, product, system or design to be in compliance with the Building Code if
(a) an organization prescribed by the regulations has issued a product evaluation report containing technical evidence that the use of the material, product, system or design provides a comparable level of performance to equivalent materials, productions, systems or designs permitted under the Building Code; and
33 Clause 14(d) of Chapter 46 is amended by striking out "judge" and substituting "court".
34 Subsections 15(9) and (10) of Chapter 46 are amended by striking out "Chairman" wherever it appears and substituting in each case "Chair".
35 Subsection 16(5) of Chapter 46, as amended by Chapter 47 of the Acts of 2005, is further amended by striking out "whom" and substituting "which".
36 Subsection 26(2) of Chapter 46, as amended by Chapter 47 of the Acts of 2005, is further amended by adding ", the Technical Safety Act" immediately after "Safety Act".
37 Chapter 46 is further amended by striking out
(a) "an building" wherever it appears and substituting in each case "a building"; and
(b) "An building" wherever it appears and substituting in each case "A building".
38 Clause 2(d) of Chapter 77 of the Revised Statutes, 1989, the Collection and Debt Management Agencies Act, is repealed and the following clause substituted:
- (d) "Minister" means the Minister of Service Nova Scotia;
39 (1) Clauses 5(1)(c) and (d) of Chapter 77 are repealed and the following clauses substituted:
- (c) a collector unless the individual is employed, appointed or authorized to act for or on behalf of a licensed collection agency; or
(d) a debt management agent unless the individual is employed, appointed or authorized to act for or on behalf of a licensed debt management agency.
(2) Subsection 5(3) of Chapter 77 is repealed and the following subsection substituted:
- (3) No individual may act as a collector and a debt management agent at the same time.
40 Clauses 5A(2)(a) and (b) of Chapter 77 are repealed and the following clauses substituted:
- (a) a collector unless the individual is employed, appointed or authorized to act for or on behalf of a licensed collection agency; or
(b) a debt management agent unless the individual is employed, appointed or authorized to act for or on behalf of a licensed debt management agency.
41 Section 8 of Chapter 77 is repealed.
42 (1) Subsection 9(1) of Chapter 77, as amended by Chapter 40 of the Acts of 2012, is further amended by
(a) striking out "is the holder of a licence" and substituting "receives remuneration or other compensation from a collection agency"; and
(b) striking out "by the collection agency specified in the licence".
(2) Subsection 9(2) of Chapter 77 is repealed and the following subsection substituted:
- (2) A debt management agent who receives remuneration or other compensation from a debt management agency is deemed to be authorized to act for or on behalf of that debt management agency.
43 Section 10 of Chapter 77 is repealed.
44 (1) Subsection 10A(1) of Chapter 77, as enacted by Chapter 40 of the Acts of 2012, is amended by striking out ", debt management agency, collector or debt management agent" the second time it appears and substituting "or debt management agency".
(2) Subsection 10A(2) of Chapter 77, as enacted by Chapter 40 of the Acts of 2012, is amended by striking out ", debt management agency, collector or debt management agent" and substituting "or debt management agency".
45 Sections 11 and 12 of Chapter 77 are repealed.
46 Section 14 of Chapter 77 is amended by
(a) adding "(1)" immediately after the Section number;
(b) striking out "Unless" and substituting "Subject to subsection (2), unless"; and
(c) adding the following subsections:
- (2) During a state of emergency as defined in the Emergency Management Act, the Minister may extend the expiry date of a licence.
(3) Where the Minister extends the expiry date of a licence under subsection (2), the Minister shall set a new expiry date for the licence.
47 (1) Subsection 15(1) of Chapter 77, as amended by Chapter 40 of the Acts of 2012, is further amended by adding ", or any person acting for or on behalf of the licensee," immediately after "licensee".
(2) Subsections 15(3) and (4) of Chapter 77 are repealed.
48 Clause 20A(1)(a) of Chapter 77 is repealed and the following clause substituted:
- (a) the agent's full name as shown in the debt management agency's records; and
49 Subsections 22(2) and (3) of Chapter 77 are repealed.
50 (1) Subsection 22A(1) of Chapter 77, as enacted by Chapter 40 of the Acts of 2012, is amended by adding ", or acting for or on behalf of a licensee," immediately after "Act".
(2) Subsection 22A(2) of Chapter 77, as enacted by Chapter 40 of the Acts of 2012, is amended by adding ", or acting for or on behalf of a licensee" immediately after "Act".
51 Section 26 of Chapter 77, as amended by Chapter 40 of the Acts of 2012, is further amended by striking out ", debt management agency, collector, debt management agent" wherever it appears and substituting in each case "or debt management agency".
52 Subsection 2(1) of Chapter 81 of the Revised Statutes, 1989, the Companies Act, as amended by Chapter 15 of the Acts of 1990, Chapter 34 of the Acts of 2007, Chapter 8 of the Acts of 2010 and Chapter 27 of the Acts of 2019, is further amended by
(a) adding immediately after clause (e) the following clause:
- (ea) "designated jurisdiction" means a jurisdiction designated under the Corporations Registration Act;
(b) adding immediately after clause (h) the following clauses:
- (ha) "extra-provincial registrar" means a person in another province of Canada who performs a function in that jurisdiction similar to that performed by the Registrar under this Act and the Corporations Registration Act;
(hb) "federal registrar" means a person in Canada who performs a function for Canada similar to that performed by the Registrar under this Act and the Corporations Registration Act;
53 Section 98 of Chapter 81, as amended by Chapter 8 of the Acts of 1998, is further amended by adding immediately after subsection (4) the following subsection:
- (5) The Registrar may transmit to the extra-provincial registrar or the federal registrar of a designated jurisdiction any documents, records, filings, applications, forms, notices, fees or information required under this Act or the Corporations Registration Act in relation to any company that does business in that designated jurisdiction.
54 (1) Subsection 12(2) of Chapter 92 of the Revised Statutes, 1989, the Consumer Protection Act, as enacted by Chapter 4 of the Acts of 1999 and amended by Chapter 43 of the Acts of 2018, is further amended by striking out "Unless" and substituting "Subject to subsection (2A), unless".
(2) Section 12 of Chapter 92, as amended by Chapter 4 of the Acts of 1999 and Chapter 43 of the Acts of 2018, is further amended by adding immediately after subsection (2) the following subsections:
- (2A) During a state of emergency as defined in the Emergency Management Act, the Minister may extend the expiry date of a permit issued pursuant to subsection (1).
(2B) Where the Minister extends the expiry date of a permit pursuant to subsection (2A), the Minister shall set a new expiry date for the permit.
55 (1) Subsection 18E(2) of Chapter 92, as enacted by Chapter 25 of the Acts of 2006 and amended by Chapter 55 of the Acts of 2011 and Chapter 43 of the Acts of 2018, is further amended by striking out "Unless" and substituting "Subject to subsection (3), unless".
(2) Section 18E of Chapter 92, as enacted by Chapter 25 of the Acts of 2006 and amended by Chapter 55 of the Acts of 2011 and Chapter 43 of the Acts of 2018, is further amended by adding immediately after subsection (2) the following subsections:
- (3) During a state of emergency as defined in the Emergency Management Act, the Minister may extend the expiry date of a permit issued pursuant to subsection (1).
(4) Where the Minister extends the expiry date of a permit pursuant to subsection (3), the Minister shall set a new expiry date for the permit.
56 Section 2 of Chapter 101 of the Revised Statutes, 1989, the Corporations Registration Act, as amended by Chapter 4 of the Acts of 2019, is further amended by
(a) adding immediately after clause (c) the following clause:
- (ca) "designated jurisdiction" means a jurisdiction designated under the regulations;
(b) adding immediately after clause (d) the following clause:
- (da) "extra-provincial registrar" means a person in another province of Canada who performs a function in that jurisdiction similar to that performed by the Registrar under this Act and the Companies Act;
(c) adding immediately after clause (e) the following clause:
- (ea) "federal registrar" means a person in Canada who performs a function for Canada similar to that performed by the Registrar under this Act and the Companies Act;
57 Chapter 101 is further amended by adding immediately after Section 17 the following Sections:
- 18 The Registrar may enter into an agreement with an extra-provincial registrar or federal registrar in a designated jurisdiction to address
(a) the collection by the Registrar and subsequent transmission to an extra-provincial registrar or federal registrar of documents, records, filings, applications, forms, notices, fees or information required under this Act or the Companies Act in relation to any corporation that does business in the designated jurisdiction;
(b) the collection by an extra-provincial registrar or federal registrar and subsequent transmission to the Registrar of documents, records, filings, applications, forms, notices, fees or information required under an enactment in the applicable designated jurisdiction in relation to any corporation that does business in the designated jurisdiction;
(c) any related matter that the Registrar determines is appropriately included in the agreement; and
(d) the powers and duties of the Registrar and any extra-provincial registrar or federal registrar in a designated jurisdiction in relation to a matter referred to in clause (a), (b) or (c).
19 (1) The Governor in Council may make regulations
(a) designating jurisdictions for the purpose of this Act and the Companies Act;
(b) respecting the collection by the Registrar of applications, information, forms, notices, fees and other things relating to extra-provincial corporations and federal corporations, and the subsequent transmission of any such things to the extra-provincial registrar or federal registrar, as applicable;
(c) respecting other matters pertaining to extra-provincial corporations and federal corporations, including
- (i) applications for registration of extra-provincial corporations and federal corporations,
(ii) annual returns and other returns of extra-provincial corporations and federal corporations,
(iii) the reinstatement of registrations of extra-provincial corporations and federal corporations,
(iv) changes in the name, memorandum of association or other governing document, head office, directors or agents for service of extra-provincial corporations and federal corporations,
(v) amalgamations of extra-provincial corporations and federal corporations,
(vi) liquidation of extra-provincial corporations and federal corporations, and
(vii) the cancellation of registrations of extra-provincial corporations or federal corporations;
(d) respecting forms that may be required for the purpose of this Act or the regulations;
(e) respecting the documentation or certificates to be issued by the Registrar;
(f) providing for fees for the provision of services under the regulations and respecting the payment and collection of such fees;
(g) respecting the furnishing of applications, information, forms, notices, fees and other things to the Registrar;
(h) exempting an extra-provincial corporation or federal corporation from the operation of all or part of this Act or the regulations;
(i) respecting the retention of documents by corporations;
(j) defining any word or expression used but not defined in this Act.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
58 (1) Section 3 of Chapter 23 of the Acts of 1996, the Court and Administrative Reform Act, as amended by Chapter 16 of the Acts of 2006, is further amended by
(a) adding "(1)" immediately after the Section number;
(b) adding ", except in the case of an acquisition of real property by donation" immediately after "value" in clause (1)(a);
(c) adding "and" at the end of clause (1)(f); and
(e) striking out clauses (1)(g) and (h).
(2) Section 3 of Chapter 23, as amended by Chapter 16 of the Acts of 2006, is further amended by adding immediately after subsection (1) the following subsection:
- (2) For greater certainty, the requirement in clause (1)(b) is not a prohibition against the acquisition of real property at less than market value or the disposition of real property at more than market value.
59 Chapter 114 of the Revised Statutes, 1989, the Crown Lands Act, is amended by adding immediately after Section 51 the following Section:
- 52 (1) The Minister may make regulations authorizing the cutting and removal of resources, other than timber, on or from Crown lands if the resources are to be used for domestic purposes and not for resale, including regulations
(a) prescribing or restricting the type of resources that may be cut, collected for removal or removed;
(b) prescribing or restricting the amount of resources that may be cut, collected for removal or removed;
(c) prescribing or restricting the locations from which resources may be cut, collected for removal or removed;
(d) prescribing or restricting the times at which resources may be cut, collected for removal or removed;
(e) prescribing or restricting the methods by which resources may be cut, collected for removal or removed.
(2) A regulation made under this Section may apply to all persons or to a class of persons and there maybe different regulations for different classes of persons.
(3) The exercise by the Minister of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
60 (1) Subsection 9(2) of Chapter 129 of the Revised Statutes, 1989, the Direct Sellers' Regulation Act, as amended by Chapter 12 of the Acts of 2014, is further amended by striking out "Every" and substituting "Subject to subsection (3), every".
(2) Section 9 of Chapter 129, as amended by Chapter 8 of the Acts of 1999 and Chapter 12 of the Acts of 2014, is further amended by adding immediately after subsection (2) the following subsections:
- (3) During a state of emergency as defined in the Emergency Management Act, the Minister may extend the expiry date of a permit.
(4) Where the Minister extends the expiry date of a permit under subsection (3), the Minister shall set a new expiry date for the permit.
61 (1) Subsection 28(2) of Chapter 144 of the Revised Statutes, 1989, the Embalmers and Funeral Directors Act, is amended by striking out "The" and substituting "Subject to subsection (3), the".
(2) Section 28 of Chapter 144 is further amended by adding immediately after subsection (2) the following subsections:
- (3) During a state of emergency as defined in the Emergency Management Act, the Minister may extend the expiry date of a funeral home licence.
(4) Where the Minister extends the expiry date of a funeral home licence under subsection (3), the Minister shall set a new expiry date for the licence.
62 (1) Subsection 3(1) of Chapter 3 of the Acts of 1994-95, the Farm Registration Act, as amended by Chapter 1 of the Acts of 2002, is further amended by
(b) striking out "and Fisheries" in clause (c);
(c) adding immediately after clause (c) the following clause:
- (ca) "Deputy Minister" means the Deputy Minister of Agriculture;
(d) striking out "and Fisheries" in clause (e).
(2) Subsection 3(3) of Chapter 3 is amended by striking out "recognized as a general farm organization unless this recognition is revoked by the Appeal Committee" and substituting "designated as a general farm organization unless this designation is revoked by the regulations".
63 Section 7 of Chapter 3 is repealed.
64 Section 11 of Chapter 3 is amended by striking out "Appeal Committee" wherever it appears and substituting "Deputy Minister" in each case.
65 Chapter 3 is further amended by adding immediately after Section 12 the following Section:
- 13 (1) The Minister may make regulations revoking the designation of an organization as a general farm organization.
(2) The exercise by the Minister of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
66 The Appeal Committee established under the Farm Registration Act is abolished.
67 Chapter 162 of the Revised Statutes, 1989, the Farmers' Fruit, Produce and Warehouse Associations Act, is repealed.
68 Subsection 82(3) of Chapter 4 of the Acts of 2004, the Health Protection Act, as amended by Chapter 6 of the Acts of 2021, is further amended by adding ", if any" immediately after "fee".
69 Chapter 4 is further amended by
(a) renumbering Section 82A as 82B; and
(b) adding immediately after Section 82 the following Section:
- 82A (1) Notwithstanding subsection 82(2), a person who requires a permit to operate a food establishment for a temporary event shall notify an administrator in accordance with the regulations.
(2) Subject to this Part and the regulations, where an administrator receives a notification from a person under subsection (1), the administrator shall issue a permit in respect of the food establishment to the person upon payment of the prescribed fee, if any.
70 Section 82B of Chapter 4, as enacted by Chapter 6 of the Acts of 2021 and renumbered by clause 69(a), is amended by adding "or 82A" immediately after "82".
71 Subsection 83(1) of Chapter 4, as amended by Chapter 6 of the Acts of 2021, is further amended by adding "under Section 82 or a person providing a notification under Section 82A" immediately after "applicant".
72 Section 86 of Chapter 4, as amended by Chapter 6 of the Acts of 2021, is further amended by adding "or 82A" immediately after "82".
73 Subsection 105(1) of Chapter 4, as amended by Chapter 6 of the Acts of 2021, is further amended by adding immediately after clause (j) the following clauses:
- (ja) prescribing exemptions from fees payable for permits or the renewal of permits for certain events or persons or classes of events or persons;
(jb) respecting the permitting of food establishments for a temporary event, including
74 Chapter 216 of the Revised Statutes, 1989, the Imitation Dairy Products Act, is repealed.
75 Section 2 of Chapter 37 of the Acts of 2022, the Invest Nova Scotia Act, is amended by
(a) adding immediately after clause (a) the following clause:
- (aa) "business development incentive" includes assistance by way of loan, loan guarantee, payroll rebate and the purchase or guarantee of bonds, debentures, notes or other debt obligations;
(b) striking out "Economic" in clause (c) and substituting "Growth and";
(c) striking out "Economic" in clause (e) and substituting "Growth and".
76 Clause 5(2)(d) of Chapter 37 is amended by striking out "Economic" and substituting "Growth and".
77 Section 11 of Chapter 37 is amended by
(a) adding ", and take security for any business development incentive provided" immediately after "Province" in clause (h); and
(b) striking out "Contract Service" in clause (j) and substituting "Services Contract".
78 Subsection 13(2) of Chapter 37 is amended by striking out "Deputy Minister" and substituting "Minister or the Deputy Minister, as designated by the Minister".
79 Chapter 37 is further amended by adding immediately after Section 13 the following Section:
- 13A The Minister may establish any committee or council the Minister considers necessary or advisable to act in an advisory capacity with respect to any of the policies, programs, services or other matters under the administration of the Minister.
80 Section 14 of Chapter 37 is repealed and the following Section substituted:
- 14 (1) The Minister may establish an Advisory Board that provides advice and recommendations to further the Corporation's objects.
(2) Sections 15 to 26, 32 and 34 apply only if an Advisory Board has been established.
81 Subsection 36(1) of Chapter 37 is amended by
(a) adding immediately after clause (c) the following clause:
- (ca) respecting committees or councils established under Section 13A, including
- (i) setting out the terms and conditions of any committees or councils,
(ii) respecting the appointments of persons as members of any committees or councils,
(iii) respecting the remuneration of members of any committees or councils, and
(iv) setting out the procedures, duties or functions of any committees or councils;
(b) adding immediately after clause (e) the following clause:
- (ea) further defining any word or expression defined in this Act;
82 Chapter 269 of the Revised Statutes, 1989, the Margarine Act, is repealed.
83 Chapter 350 of the Revised Statutes, 1989, the Potato Industry Act, is repealed.
84 Section 2 of Chapter 371 of the Revised Statutes, 1989, the Public Highways Act, as amended by Chapters 7 and 16 of the Acts of 1994-95, Chapter 18 of the Acts of 1998 and Chapter 37 of the Acts of 2019, is further amended by
(a) striking out clause (d) and substituting the following clauses:
- (d) "Department" means the Department of Public Works;
(e) "Deputy Minister" means the Deputy Minister of Public Works;
(b) striking out clause (h) and substituting the following clause:
- (h) "Minister" means the Minister of Public Works;
85 Section 47 of Chapter 371 is repealed and the following Section substituted:
- 47 (1) No person shall break up the soil of a highway without first providing written notification to a person employed in the Department and designated by the Minister.
(2) A notification under subsection (1) must specify the purpose for which it is required to break up the soil.
(3) Any breaking up of the soil of a highway is subject to such terms and conditions imposed by the Minister as the Minister considers necessary for the protection of persons using the highway and the prevention of damage to the highway or other property.
(4) A copy of the terms and conditions referred to in subsection (3) must be provided to a person providing notification under subsection (1) upon receipt of the notification by the person designated by the Minister.
(5) Any person who breaks up the soil of a highway without providing notification under subsection (1) or in contravention of terms or conditions referred to in subsection (3) is liable to a penalty of not more than one hundred dollars and, in default of payment, to imprisonment for not more than thirty days.
86 Chapter 371 is further amended by striking out "Department of Transportation and Infrastructure Renewal" wherever it appears and substituting in each case "Department".
87 The title of Chapter 35 of the Acts of 2015, the Regulatory Accountability and Reporting Act, is amended by striking out "Regulatory Accountability and Reporting in Nova Scotia" and substituting "Service and Regulatory Efficiency".
88 (1) The fourth paragraph of the Preamble to Chapter 35 is amended by striking out "Regulatory Affairs and Service Effectiveness to lead the improvement of provincial and regional" and substituting "Service Efficiency to lead the improvement of provincial".
(2) The Preamble to Chapter 35 is further amended by repealing the fifth and sixth paragraphs and substituting the following paragraphs:
- AND WHEREAS the Government of Nova Scotia is committed to service efficiency and regulatory effectiveness for citizens, businesses and other organizations;
AND WHEREAS the Government of Nova Scotia is committed to supporting individuals and businesses by streamlining regulations, reducing unnecessary burdens and fostering a strong economy;
AND WHEREAS the Government of Nova Scotia recognizes the importance of balancing regulatory oversight with economic growth and the need to make it easier for individuals and businesses to interact with the Government:
89 Section 1 of Chapter 35 is amended by striking out "Regulatory Accountability and Reporting" and substituting "Service and Regulatory Efficiency".
90 Section 2 of Chapter 35 is amended by
(b) striking out "Regulatory Affairs and Service Effectiveness" in clause (c) and substituting "Service Efficiency"; and
(c) striking out "Regulatory Affairs and Service Effectiveness created pursuant to the Public Service Act" in clause (d) and substituting "Service Efficiency".
91 Chapter 35 is further amended by adding immediately after Section 2 the following Section and Heading:
- 2A The Minister is responsible for the general supervision and management of this Act.
92 Subsection 3(1) of Chapter 35 is amended by striking out "Regulation" and substituting "Service and Regulatory Efficiency".
93 Subsection 5(2) of Chapter 35 is repealed.
94 Sections 9 and 10 of Chapter 35 are repealed and the following Headings and Sections substituted:
9 (1) Where, after the coming into force of this Section, an enactment imposes a requirement to obtain a licence or permit from a Government department for an activity or thing that did not previously require a licence or permit, that department shall develop and make publicly available a service standard respecting
(a) the time within which a decision on the issuance of the licence or permit must be made following receipt of a completed application for the licence or permit; and
(b) any other matter that the minister of that department considers appropriate.
(2) A service standard is made publicly available in accordance with subsection (1) if the service standard is posted on publicly accessible website.
(3) Where the enactment that imposes a requirement to obtain a licence or permit provides for the time within which a decision on the issuance of the licence or permit must be made, subsection (1) does not apply.
10 This Part is based on the following principles respecting natural resources development:
(a) productive and effective industries require regulations that ensure safety and environmental protection while balancing regulatory effectiveness and private-industry efficiency;
(b) a sustainable society requires an active economy and both of these can be achieved through the application of well-planned and thoughtful regulation;
(c) service efficiency and regulatory effectiveness is a shared responsibility between the Government and the private sector and requires responsible and good faith actions from both.
11 (1) On the request of the Minister, a department shall, in coordination with the Office of Service Efficiency, develop, implement and maintain a red-tape reduction action plan.
(2) A red-tape reduction action plan must
(a) include targets for reducing the time within which a decision on the issuance of a licence, permit or other authorization is made following receipt of an application for the licence, permit or other authorization;
(b) identify potential changes that could be made to improve service efficiency and regulatory effectiveness; and
(c) assess the benefits and risks of any potential change identified by the department.
(a) for the purpose of reducing the administrative burden associated with obtaining licences, permits and other authorizations for mineral-resource projects and reducing the time within which decisions are made on the issuance of such licences, permits or authorizations, implement a one-window approach for proponents of mineral-resource projects and their agents, together with a process for coordination among departments in relation to the regulation of mineral-resource projects;
(b) establish a team of public servants to provide a single point of contact with Government for proponents of mineral-resource projects and their agents and to support coordination of the regulation of mineral-resource projects; and
(c) implement a digital solution to assist proponents of mineral-resource projects and their agents to assess the status of their applications for licences, permits and other authorizations.
13 The Office of Service Efficiency may, in coordination with the Department of Environment and Climate Change, the Department of Natural Resources and such other departments as the Minister considers necessary, undertake a comprehensive regulatory review to evaluate laws, policies and administrative processes relating to mineral-resource projects and identify improvements to promote service efficiency and regulatory effectiveness.
14 To improve service efficiencies in the issuance of licences, permits and other authorizations related to mineral-resource projects, the Department of Environment and Climate Change, the Department of Natural Resources and such other departments as the Minister considers necessary may establish a policy to recognize persons qualified to provide professional advice, opinions and certifications in relation to mineral-resource projects that may, without further review or with limited further review, be accepted by the departments.
15 The Government may review each provincially imposed fee associated with mineral-resource projects in order to decide either to eliminate the fee or to make the fee eligible for reimbursement once an acceptable threshold of development or investment is achieved and, upon reaching a decision, may take the necessary steps to implement that decision.
95 Sections 3 to 20, 22 to 26, 38 to 53, 56, 57, 59, 62 to 66 and 68 to 73 come into force on such day as the Governor in Council orders and declares by proclamation.
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Agriculture Appeal and Review Board Act.
"Board" means the Agriculture Appeal and Review Board established by this Act;
"Chair" means the Chair of the Board;
"member", unless the context otherwise requires, means a member of the Board, and includes the Chair and any vice-chairs of the Board;
"Minister" means the Minister of Agriculture;
"vice-chair" means a vice-chair of the Board.
3 The Agriculture Appeal and Review Board is established.
4 (1) The Board consists of not more than 10 members appointed by the Governor in Council.
(2) Subject to the regulations, a member holds office for such term as the Governor in Council determines.
(3) A member of the Board may be reappointed to the Board and, subject to any limitations prescribed by the regulations, may serve consecutive terms as a member of the Board.
(4) Members of the Board are entitled to such remuneration and to be reimbursed for such reasonable expenses incurred by them in carrying out their duties as the Governor in Council determines.
(5) A vacancy on the Board does not impair the ability of the Board to act.
5 The Governor in Council shall designate a Chair and one or more vice-chairs from among the members of the Board.
6 The Board shall perform the duties and functions required or authorized to be performed by the Board, and may exercise such powers as may be conferred on the Board, under this Act, the regulations or any other enactment, including
(a) the Animal Protection Act;
(b) the Crop and Livestock Insurance Act;
7 (1) The Minister shall appoint an employee of the Government as clerk of the Board.
(2) Where the employee to be appointed as clerk of the Board is not an employee of the Department of Agriculture, the Minister shall, before making the appointment, obtain the consent of the employee and the department or office in which the employee is employed.
8 (1) The Chair may assign one or more members to constitute a panel of the Board and may designate a member to chair the panel.
(2) Two or more panels of the Board may be constituted and may act simultaneously.
(3) A panel of the Board constitutes a quorum of the Board.
(4) Where a panel of the Board consists of more than one member, a decision of the majority of the members of a panel is the decision of the Board, but where there is no majority, a decision of the chair of the panel is the decision of the Board.
(5) A panel of the Board acts on behalf of the Board and, with respect to any matter before the panel, may exercise all the powers of the Board under this Act, the regulations or any other enactment.
(6) Any decision, determination, direction, declaration, order, interim order or ruling of, or any act or thing done by a panel of the Board is a decision, determination, direction, declaration, order, interim order or ruling of, or an act or thing done by, the Board.
9 The Board may, with the approval of the Minister,
(a) make rules governing its practice and procedure in relation to matters coming before it; and
(b) prescribe forms for use in relation to matters coming before it.
10 The Board may determine the manner in which a hearing before it is conducted and whether a hearing is open to the public.
11 (1) The Board may engage persons to provide professional or technical assistance to the Board.
(2) For the purpose of determining a matter before it, the Board may direct a person engaged by the Board under subsection (1) to conduct a site visit and provide a report to the Board respecting the site visit.
12 (1) The Governor in Council may make regulations
(a) respecting the qualifications that must be met by members, including requiring that one member or a specified number of members meet certain qualifications;
(b) prescribing or limiting the term of appointment of a member;
(c) limiting the number of consecutive terms that a member may serve;
(d) respecting conditions applicable to the appointment of a member;
(e) respecting the jurisdiction of the Board and conferring additional powers, functions, duties and responsibilities upon it;
(f) respecting the duties and powers of the Chair and a vice-chair;
(g) respecting the composition of a panel of the Board;
(h) respecting applications to the Board, including prescribing or restricting the time in which an application may be made and prescribing or restricting the form and manner of application;
(i) respecting hearings before the Board;
(j) respecting practice and procedure in relation to matters coming before the Board, including prescribing deadlines by which specified actions must be taken in respect of a matter before the Board;
(k) respecting orders that may be made by the Board before, during or at the conclusion of the hearing of a matter;
(l) respecting the disposition of matters before the Board;
(m) respecting the publication of decisions or summaries of decisions of the Board;
(n) respecting the keeping of a record of matters or proceedings before the Board;
(o) respecting fees payable in relation to matters coming before the Board under any enactment, including the refund of such fees;
(p) respecting appeals of decisions of the Board;
(q) defining any word or expression used but not defined in this Act;
(r) further defining any word or expression used in this Act;
(s) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.
(2) The Governor in Council may make different regulations for different matters or categories of matters coming before the Board.
(3) The exercise by the Governor in Council of the authority in subsection (1) is a regulation within the meaning of the Regulations Act.
13 The following boards are abolished:
(a) the Animal Welfare Appeal Board established under the Animal Protection Act;
(b) the Crop and Livestock Arbitration Board established by the Arbitration Proceedings Regulations under the Crop and Livestock Insurance Act;
(c) the Farm Practices Board established under the Farm Practices Act;
(d) the Meat Inspection Board established under the Meat Inspection Act.
14 Notwithstanding subsections 4(1) and (2), a person who, immediately before the coming into force of this Act, was a member of a board abolished by Section 13 is a member of the Board and holds office as a member of the Board for the remainder of the term for which the person was appointed to the abolished board.
15 (1) Any proceeding, hearing, matter or thing commenced by a board abolished by Section 13 that would, where commenced after the coming into force of this Act, be dealt with by the Board, may be dealt with or completed by the Board.
(2) The documentation, information, records and files pertaining to any proceeding, hearing, matter or thing to be dealt with or completed by the Board under subsection (1) becomes the documentation, information, records and files of the Board.
16 Any decision, determination, direction, declaration, order, interim order or ruling of a board abolished by Section 13 that is valid and of full force and effect immediately before the coming into force of this Act continues to be valid and of full force and effect notwithstanding the abolition of the board and is deemed to be the decision, determination, direction, declaration, order, interim order or ruling of the Board.
17 Where in any agreement, instrument or document or in any enactment other than this Act or the regulations, reference is made to a board abolished by Section 13, it must be read, unless the context otherwise requires, as a reference to the Board.
18 Clause 2(1)(c) of Chapter 21 of the Acts of 2018, the Animal Protection Act, is amended by striking out "Animal Welfare Appeal Board established by this Act" and substituting "Agriculture Appeal and Review Board established by the Agriculture Appeal and Review Board Act".
19 Section 33 of Chapter 21 is amended by striking out "filed" wherever it appears and substituting in each case "commenced".
20 Section 36 of Chapter 21 is repealed.
21 Section 37 of Chapter 21 is repealed and the following Section substituted:
- 37 (1) An owner of a seized animal or a custodian on behalf of the owner may, in accordance with the Agriculture Appeal and Review Board Act and any regulations made under that Act, appeal the seizure to the Appeal Board.
(2) Subsection (1) does not apply if an order under Section 41 is in force with respect to the animal.
(3) An appeal commenced under this Section must be conducted in accordance with the Agriculture Appeal and Review Board Act and any regulations made under that Act.
(4) An appeal under this Section does not stay the operation of an order seizing an animal.
22 Section 38 of Chapter 21 is repealed.
23 Subsection 47(1) of Chapter 21 is amended by striking out clauses (e) and (i).
24 Section 2 of Chapter 113 of the Revised Statutes, 1989, the Crop and Livestock Insurance Act, as amended by Chapter 24 of the Acts of 2004, is further amended by relettering clause (a) as (aa) and adding immediately before clause (aa), as relettered, the following clause:
- (a) "Board" means the Agriculture Appeal and Review Board established under the Agriculture Appeal and Review Board Act;
25 Chapter 113 is further amended by adding immediately after Section 5 the following Section:
- 5A (1) Where there is a dispute between the Commission and an insured person arising out of the adjustment of a loss under a contract of insurance, either party may, in accordance with the Agriculture Appeal and Review Board Act and any regulations made under that Act, apply to the Board to have the matter resolved by arbitration.
(2) An arbitration commenced under this Section must be conducted in accordance with the Agriculture Appeal and Review Board Act and any regulations made under that Act.
26 (1) Clauses 7(1)(c) and (d) of Chapter 113 are repealed.
(2) Subsection 7(2) of Chapter 113 is repealed.
27 Clause 3(b) of Chapter 3 of the Acts of 2000, the Farm Practices Act, is amended by striking out "Farm Practices Board established pursuant to this Act" and substituting "Agriculture Appeal and Review Board established under the Agriculture Appeal and Review Board Act".
28 Sections 5 to 7 of Chapter 3 are repealed.
29 (1) Subsection 8(2) of Chapter 3 is amended by striking out "the Board for an opinion from the Board as to" and substituting "any qualified persons or organizations as the Minister deems necessary to comment on".
(2) Subsection 8(3) of Chapter 3 is amended by striking out "Where the Board recommends that a code of practice be adopted, the" and substituting "The".
30 Section 9 of Chapter 3 is repealed and the following Section substituted:
- 9 (1) Any person may, in accordance with the Agriculture Appeal and Review Board Act and any regulations made under that Act, apply to the Board for a determination as to whether or not an odour, noise, dust, vibration, light, smoke or other disturbance results from a normal farm practice.
(2) The Agriculture Appeal and Review Board Act and any regulations made under that Act apply to a matter commenced under this Section.
31 Clause 10(2)(b) of Chapter 3 is amended by adding "issued under the Agriculture Appeal and Review Board Act respecting a matter commenced under Section 9" immediately after "Board".
32 Section 11 of Chapter 3 is repealed.
33 Subsection 14(1) of Chapter 3 is amended by striking out "pursuant to this Act" and substituting "respecting a matter commenced under Section 9".
34 Chapter 3 is further amended by adding immediately after Section 14 the following Section:
- 14A (1) The Minister may make regulations
(a) prescribing a directive, guideline or policy statement with respect to an agricultural operation or normal farm practice;
(b) prescribing a code of practice.
(2) A regulation made under subsection (1) may adopt or incorporate by reference, in whole, in part or with modifications, a written standard, rule, regulation, guideline, designation, code or document relating to any matter in respect of which a regulation may be made under subsection (1).
(3) A standard, rule, regulation, guideline, designation, code or document that is adopted or incorporated by reference under subsection (2) may be adopted or incorporated as it reads on a prescribed day or as it is amended from time to time.
(4) Where a standard, rule, regulations, guideline, designation, code or document that is adopted or incorporated by reference under subsection (2), the Minister shall ensure that a copy of the standard, rule, regulation, guideline, designation, code or document is made publicly available.
(5) The exercise by the Minister of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.
35 Clauses 15(1)(b) to (h) of Chapter 3 are repealed.
36 Section 2 of Chapter 4 of the Acts of 2010, the Fur Industry Act, as amended by Chapter 58 of the Acts of 2012, is further amended by
(a) relettering clause (aa) as (ab) and adding immediately before clause (ab), as relettered, the following clause:
- (aa) "Board" means the Agriculture Appeal and Review Board established by the Agriculture Appeal and Review Board Act;
37 (1) Subsection 25(1) of Chapter 4, as amended by Chapter 58 of the Acts of 2012, is amended by
(a) striking out "Farm Practices Board" and substituting "Board"; and
(b) adding "as defined in the Farm Practices Act" immediately after "normal farm practices".
(2) Subsections 25(2) and (3) of Chapter 4 are amended by striking out "Farm Practices" wherever it appears.
(3) Section 25 of Chapter 4 is further amended by adding immediately after subsection (3) the following subsection:
- (4) The Agriculture Appeal and Review Board Act and any regulations made under that Act apply to a complaint referred to the Board under subsection (1).
38 Section 3 of Chapter 6 of the Acts of 1996, the Meat Inspection Act, is amended by
(a) striking out "Meat Inspection Board established by this Act" in clause (c) and substituting "Agriculture Appeal and Review Board established by the Agriculture Appeal and Review Board Act"; and
(b) striking out "and Marketing" in clause (k).
39 Sections 6 to 8 of Chapter 6 are repealed.
40 Section 14 of Chapter 6 is repealed and the following Section substituted:
- 14 (1) Where an applicant or licensee has received notification that an administrator has refused to grant or renew a licence or has suspended or revoked a licence, the licensee may, in accordance with the Agriculture Appeal and Review Board Act and any regulations made under that Act, commence an appeal to the Board.
(2) An appeal commenced under this Section must be conducted in accordance with the Agriculture Appeal and Review Board Act and any regulations made under that Act.
41 Clauses 32(1)(a) and (l) of Chapter 6 are repealed.
42 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
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