BILL NO. 194
(as passed, with amendments)
2nd Session, 60th General Assembly
Nova Scotia
57 Elizabeth II, 2008
Government Bill
Partnership Act
(amended)
CHAPTER 64 OF THE ACTS OF 2008
The Honourable Jamie Muir
Minister of Service Nova Scotia and Municipal Relations
First Reading: October 30, 2008 (LINK TO BILL AS INTRODUCED)
Second Reading: November 6, 2008
Third Reading: November 20, 2008 (WITH COMMITTEE AMENDMENTS)
Royal Assent: November 25, 2008
An Act to Amend Chapter 334
of the Revised Statutes, 1989,
the Partnership Act
Be it enacted by the Governor and Assembly as follows:
1
Section 48 of Chapter 334 of the Revised Statutes, 1989, the Partnership Act, as enacted by Chapter 37 of the Acts of 2002, is amended by
(a) striking out subclause (d)(i) and substituting the following subclause:
(i) a policy of insurance that provides indemnity for professional liability claims,
and
(b) striking out clause (g) and substituting the following clause:
(g) "professional liability claim" means a claim against a partnership with respect to an act or omission of a partner occurring in the ordinary course of practising a profession in a Nova Scotia LLP or an extra-provincial LLP;
2 Subsection 57(1) of Chapter 334 is repealed and the following subsection substituted:
(1) Subject to subsections (2), (4) and (5), a partner in a Nova Scotia LLP is not individually liable, directly or indirectly, by means of indemnification, contribution, assessment or otherwise for
(a) debts, obligations or liabilities of the partnership or another partner that arise from the negligence, wrongful act or omission, malpractice or misconduct of
(i) another partner, or
(ii) an employee, agent or representative of the partnership,
occurring in the ordinary course of carrying on practice in a profession referred to in subsection 51(1) while the partnership is a Nova Scotia LLP; or
(b) any partnership obligation not referred to in clause (a).
3 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
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Created December 3, 2008. Send comments to
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