CHAPTER 23
OF THE
ACTS OF 1996
Short title
1 This Act may be cited as the Court and Administrative Reform Act. 1996, c. 23, s. 1.
2 Notwithstanding any enactment,
(a) where an enactment requires the approval of the Governor in Council for the acquisition or disposal of real property or an interest in real property, the Governor in Council may, by regulation, assign to a member of the Executive Council the authority to acquire or dispose of the real property or an interest in the real property under the enactment;
(aa) the Governor in Council may, by regulation, assign to a member of the Executive Council the authority to issue a certificate under Section 37 of the Crown Lands Act;
(b) where the Fatality Investigations Act, except for Section 3, the Notaries and Commissioners Act, the Solemnization of Marriage Act or the Vital Statistics Act requires Governor in Council approval of an appointment, the Governor in Council may, by regulation, assign to a member of the Executive Council the authority to approve the appointment. 1996, c. 23, s. 2; 2001, c. 31, s. 43; 2005, c. 8, s 7.
3 Notwithstanding clause 2(a), a member of the Executive Council may only exercise the authority referred to in that clause where the Governor in Council has, by regulation, established policies and procedures governing the acquisition or governing the disposal of real property or an interest in real property and those policies and procedures contain, as a minimum and where applicable, the following:
(a) a requirement that the real property acquired or disposed of be less than a certain acreage or value;
(b) a requirement that the transaction be based on market value;
(c) acceptable methods of sale;
(d) a prohibition against selling real property at less than market value without the approval of the Governor in Council;
(e) a prohibition against purchasing real property at more than market value, or a certain percentage above market value, without the approval of the Governor in Council;
(f) procedures to prohibit a transaction with a party related to the minister or to senior officials in the department;
(g) a prohibition against the acquisition of a leasehold interest in real property;
(h) a procedure to determine if the real property has been identified by the Minister of Natural Resources as a significant wildlife habitat and, if it has been so identified, a prohibition against the sale of the real property without the approval of the Governor in Council; and
(i) a requirement that public notice be given of each acquisition or disposal of real property. 1996, c. 23, s. 3; 2006, c. 16, s. 6.
3A Notwithstanding clause 2(aa), a member of the Executive Council may only exercise the authority referred to in that clause where the Governor in Council has, by regulation, established policies and procedures for the issuance of the certificate referred to in that clause. 2005, c. 8, s. 8.
4 The exercise of authority by a member of the Executive Council pursuant to Section 2 is deemed to be an exercise of authority by the Governor in Council for the purpose of the relevant enactment. 1996, c. 23, s. 4.
5 Where an enactment authorizes a board, tribunal or commission to make an order disposing of a matter under the enactment and there is no provision in the enactment for the order to be filed and enforced in the same manner as a judgment of the Supreme Court of Nova Scotia, the Governor in Council may, by regulation, provide that an order of that board, tribunal or commission, whether made before or after the coming into force of this Section, may be filed and enforced in the same manner as a judgment of the Supreme Court. 1996, c. 23, s. 5.
Regulations6 (1) The Governor in Council may make regulations
(a) assigning, prescribing or requiring anything that is required to be assigned, prescribed or required pursuant to Sections 2 to 5;
(b) respecting any matter deemed necessary or advisable to carry out effectively the intent and purpose of Sections 2 to 5.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act. 1996, c. 23, s. 6.
8 Chapter 110 of the Revised Statutes, 1989, the Court Reporters Act, is repealed. 1996, c. 23, s. 8.
24 Chapter 364 of the Revised Statutes, 1989, the Prothonotaries and Clerks of the Crown Act, is repealed. 1996, c. 23, s. 24.
37 Chapter 426 of the Revised Statutes, 1989, the Sheriffs Act, is repealed. 1996, c. 23, s. 37.
52 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. 1996, c. 23, s. 52.
