The 2nd Session of the 61st General Assembly of the Nova Scotia legislature began on Thursday March 25th, 2010 with a speech from the throne. As of April 22nd, 2010, 15 Government Bills and 25 Private Members Bills have been introduced during this sitting of the House of Assembly.
Below is a summary of those bills introduced between April 9th, 2010, and April 22nd, 2010, and a table providing the status of legislation introduced since the beginning of this session current to April 22nd, 2010.
GOVERNMENT BILLS
Bill No. 22 – Security and Investigative Services Act – Hon. Ross Landry
This proposed Act seeks to regulate private investigators and security services in the Province by creating a licensing and registration regime. This Act would also authorize the Governor in Council to enact codes of conduct for security agents and security agencies and to appoint Compliance Officers to enforce the provisions of the Act.
Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 23 - Sea, Army, Air and Navy League Cadets Day Act – Hon. Darrell Dexter
This Bill would establish the first Saturday in November as the Sea, Army, Air and Navy League Cadets Day to recognize the hard work and dedication of the Royal Canadian Sea, Army, Air and Navy League Cadets.
Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 24 – Financial Measures (2010) Act – Hon. Graham Steele
This Bill makes several changes to the provincial income tax scheme, including the creation of a fifth personal income tax bracket until the Province returns to a balanced fiscal position. The Bill also makes a number of amendments to other Acts, most significantly to the Public Service Superannuation Act. These changes appoint the Minister of Finance as the Trustee of the Superannuation Fund while also providing the Minister with the authority to appoint a replacement trustee. They also allow the Trustee to commission an actuarial valuation report on the fiscal health of the Fund and to make adjustments to employer and employee contributions to the Fund accordingly.
This Bill provides authority for tax measures to assist low-income Nova Scotians, seniors and small businesses, including the Nova Scotia Affordable Living Tax Credit, the Poverty Reduction Credit and reduction in the small business tax rate. Other changes include the addition of a fifth income tax bracket and measures to ensure that the Public Service Pension Plan is close to 100% funded by January 1, 2011.
Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 29 – Municipal Government Act (amended) – Hon. Ramona Jennex
This proposed amendment to the Municipal Government Act would allow a municipality to transfer any debt owed to the municipality or to a public utility owned by the municipality to the Province. This would enable the Province to collect on these debts on behalf municipalities using methods otherwise unavailable to municipalities. The Province is also provided with the authority to require a fee for collecting the debt on behalf of a municipality and to transfer any such debt back to the municipality at any time.
Status: Passed first reading and is awaiting debate in principle by the House
Bill No. 33 – Securities Transfer Act – Hon. Ramona Jennex
This Bill follows the enactment of the Ontario Securities Transfer Act in December 2005 and counterpart acts in other Canadian jurisdictions. The Bill is modeled on the Ontario Act. It establishes a legal regime governing the creation, validity and effectiveness of property rights respecting investment securities, including the holding and investment of securities and the creation and registration of security interests in investment securities. The Bill does not impact on the trading of securities. Rather, the Bill’s focus is on the property aspects of a securities transaction whenever securities are bought, sold, or used as collateral. In that respect, the Bill also provides for a number of consequential amendments to the Companies Act, the Credit Union Act, and the Personal Property Securities Act.
Status: Passed first reading and is awaiting debate in principle by the House
Bill No. 35 – Finance Act – Hon. Graham Steele
This Bill was introduced to reflect current financial practices. The original Provincial Finance Act, which will be repealed, has been in place since 1942 and only updated piecemeal. The focus of the changes are to modernize the Act and to provide clarity about the sources of spending authority and when each source is required.
This Bill requires the Province, under the guidance of the Minister of Finance, to pursue its policy objectives in accordance with principles of responsible fiscal management including maintaining Provincial debt levels at acceptable levels, managing the Provinces financial investment portfolios efficiently and achieving reasonably predictable and stable tax rates, programs and services for future years.
The Minister is given the responsibility to manage the General Revenue Fund (“GRF”) which is the aggregate of all public moneys received to the credit of the Minister. Subject to other Acts, all expenses authorised on account of an Act of the Legislature are made from the GRF. The GRF is also the fund of record for indemnities given, and liabilities incurred, by the Province.
This Bill also requires Ministers responsible for administering other Acts of the Legislature which authorise the spending of money from the GRF to notify the Minister of Finance if it becomes clear that spending authority is insufficient to carry on the contemplated operations.
This Bill also provides for the general powers of the Minister relating to borrowing, debt load and financial assistance. Additionally, it requires Government organizations to file audited annual financial statements and provides for rules governing the legal existence of Crown Corporations.
This Bill also provides for consequential amendments to approximately 70 other Acts of the Legislature and will take effect on August 1st, 2010.
Status: Passed first reading and is awaiting debate in principle by the House
Bill No. 36 – Engineering Act (amended) – Hon. Ross Landry
This Bill corrects three typographical errors in the Engineering Act.
Status: Passed first reading and is awaiting debate in principle by the House
Bill No. 38 – Voluntary Carbon Emissions Offset Fund Act – Hon. Sterling Belliveau
The purpose of this Bill is to give Nova Scotians and business an opportunity to be part of the solution to address climate change. The Fund (see below) will help move Nova Scotia into a low carbon economy. Businesses, organizations and people will be able to purchase emissions credits from the fund to offset their greenhouse gas emissions.
This Bill established a non-profit fund to be known as the Nova Scotia Voluntary Carbon Emissions Offset Fund with the objectives of delivering surplus emissions credits to individuals, businesses, organizations and government; reducing greenhouse gas emissions throughout the province. Payments out of the fund must be used to further its objectives.
Status: Passed first reading and is awaiting debate in principle by the House
PRIVATE MEMBER’S BILLS
Bill No. 21 – Income Tax Act (amended) and Motor Vehicle Act (amended) – Hon. Murray Scott (PC)
This Bill extends the Volunteer Firefighter and Volunteer Ground Search and Rescue Worker Tax Credit and the Volunteer Firefighter and Volunteer Ground Search and Rescue Worker Registration Fee Exemption to other first responders in communities meeting certain criteria (to be provided for by regulation). The Bill also extends the Credit and Fee Exemption to retired volunteer first responders.
Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 25 – Emergency Health Services Act (amended) – Chuck Porter (PC)
This Bill provides that Nova Scotia long service medals are to be awarded to paramedics and other persons involved in the provision of emergency healthcare services at 15 and 25 years of service.
Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 26 – Elections Act (amended) – Hon. Murray Scott (PC)This proposed Bill mandates a fixed election date on the first Tuesday in October four years after the immediately preceding general election. The first statutorily mandated general election would be held on October 1, 2013. This Bill would not prevent the Lieutenant Governor from dissolving the House of Assembly at her discretion.
Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 27 – Elections Act (amended) – Chuck Porter (PC)
This amendment would expand the definition of a “long-term care facility” to include a hospital, thereby permitting a mobile polling station to be set up in a hospital.
Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 28 – Fire Safety Act (amended) – Hon. Murray Scott (PC)
This Bill provides that long service medals are to be awarded to firefighters or other persons involved in the provision of fire services after 15 and 25 years of service.
Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 30– Police Act (amended) – Hon. Murray Scott (PC)
This Bill provides that long service medals are to be awarded to police officers or other persons involved in the provision of police services after 15 and 25 years of service.
Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 31– Employment Support and Income Assistance Act (amended) – Chuck Porter (PC)This Bill provides discretion to the Minister of Community Services the ability to provide a disability pension to disabled persons who do not otherwise qualify for Canada Pension Plan disability benefits or private disability benefits.
Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 32– Emergency Management Act (amended) – Hon. Murray Scott (PC)
This Bill provides that long service medals are to be awarded to ground search and rescue crew or other persons involved in the provision of emergency services after 10 years of service and every 5 years thereafter.
Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 34– Motor Vehicle Act (amended) – Chuck Porter (PC)
This Bill prohibits any solicitation on a 100 Series Highway, including for the sale of goods. The Governor in Council is also authorized to pass regulations designating areas as a 100 Series Highway for purposes of this section and setting out other prohibited activities.
Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 37 – Workers’ Compensation Act (amended) – Leo Glavine (Lib)
This Bill permits survivor benefits that were discontinued on remarriage pursuant to the former Act to be reinstated to a dependent spouse back to the time the benefits were discontinued.
Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 39 – Coyote Control Act – Alfie Macleod (PC)This Bill addressed the aggressive coyote situation which is a serious issue in many Nova Scotian communities. The Bill requires the Minister to develop a program to control the coyote population in the province which program may include a pelt incentives (bounties), assistance for the acquisition of guard dogs and the construction of fences.
Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 40 – An Act to Exempt Tidal View Manor in the Town of Yarmouth from Taxation (amended) – Hon. Chris d’Entremont (PC)
This Bill limits Tidal View Manor's municipal tax exemption to its property at 64 Vancouver St, Yarmouth beginning in the tax year 2010-11 and continuing to subsequent years.
Status: Passed first reading and is awaiting debate in principle by the House.
Status Update on Government Bills
- Bill No. 1 House of Assembly Management Commission Act - Passed 1st reading; debate was adjourned on 2nd reading
- Bill No. 7 Pharmacy Act (amended) - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 10 Cape Breton Island Marketing Levy Act (amended) - Passed 2nd reading and referred to the Committee on Law Amendments
- Bill No. 13 Motor Vehicle Act (amended) - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 16 Summary Proceedings Act (amended) - Passed 1st reading; debate was adjourned on 2nd reading
- Bill No. 18 Vital Statistics Act (amended) - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 19 Motor Vehicle Act (amended) - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 22 Security and Investigative Services Act - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 23 Sea, Army, Air and Navy League Cadets Day Act - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 24 Financial Measures (2010) Act - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 29 Municipal Government Act (amended) - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 33 Securities Transfer Act - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 35 Finance Act - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 36 Engineering Act (amended) - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 38 Voluntary Carbon Emissions Offset Fund Act - Passed 1st reading and is awaiting debate in principle by the House
Status Update on Private Member Bills
- Bill No. 2 Health Act (amended) - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 3 Provincial Finance Act (amended) - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 4 Electricity Act (amended) - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 5 Provincial Finance Act (amended) - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 6 Industrial Expansion Fund Transfer Act - Passed 1st reading; debate was adjourned on 2nd reading
- Bill No. 8 Multi-Year Funding Act - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 9 Advisory Council on Mental Health Act - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 11 Diabetic Persons Support Act - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 12 Life-threatening Illness Student Support Act - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 14 Sales Tax Act (amended) - Passed 1st reading; debate was adjourned on 2nd reading
- Bill No. 15 Viola Desmond Day Act - Passed 2nd reading and referred to the Committee on Law Amendments
- Bill No. 17 Public Highways Act (amended) - Passed 1st reading and is awaiting debate in principle by the House Bill No. 20 Health-care Sustainability Advisory Council Act - Passed 1st reading; debate was adjourned on 2nd reading
- Bill No. 21 Income Tax Act (amended) and Motor Vehicle Act (amended) - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 25 Emergency Health Services Act (amended) - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 26 Elections Act (amended) - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 27 Elections Act (amended) - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 28 Fire Safety Act (amended) - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 30 Police Act (amended) - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 31 Employment Support and Income Assistance Act (amended) - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 32 Emergency Management Act (amended) - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 34 Motor Vehicle Act (amended) - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 37 Workers’ Compensation Act (amended) - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 39 Coyote Control Act - Passed 1st reading and is awaiting debate in principle by the House
- Bill No. 40 Tidal View Manor in the Town of Yarmouth from Taxation, An Act to Exempt (amended) - Passed 1st reading and is awaiting debate in principle by the House
THE PROGRESS OF BILLS IN THE NOVA SCOTIA LEGISLATURE
The legislative process begins when a Bill is presented by a Member of the House of Assembly and is given First Reading by the House, without debate.
A Bill is given Second Reading after being debated in principle in the House.
Following Second Reading, Bills are referred to one of the legislative committees – the Law Amendments Committee or Private and Local Bills Committee – for detailed discussion in meetings outside the House. Members of the public can attend the meetings of these Committees and make presentations respecting any Bill. Amendments are frequently considered and may be adopted and included in the bill when it is reported back to the House.
Bills reported back from the legislative committees are debated, clause by clause, by the members of the House acting as the Committee of the Whole House on Bills. The Bill is then reported back to the House.
The Bill receives Third Reading and the final approval of the House. There may be some debate at this stage but usually the Bill is voted on with no discussion.
The Bill receives Royal Assent when the Lieutenant Governor signs the final version. The Bill is then referred to as an Act, and is assigned a chapter number in the Statutes of Nova Scotia.
Commencement is the day on which the Act takes effect. Ordinarily, an Act takes effect when it is given Royal Assent. Sometimes, however, it provides that it will come into effect only when is it proclaimed to take effect by Order in Counsel to be made by the Cabinet.
Government Bills are introduced by the Minister of the department responsible for the legislation. Private Members Bills are generally introduced by a member of the opposition parties. Government Bills have a higher likelihood of becoming law since the largest party in the Legislative Assembly supports the initiative. Except in a minority government, Private Members Bills are unlikely to be brought forward for substantive debate or become law.
If you wish to be informed when a specific piece of legislation is scheduled to be heard by a legislative committee, please contact us and we will make arrangements for you to be so informed.
If you have any questions regarding the legislation summarized above or would like to receive a copy of any bill, please contact Jennifer Forster at coxandpalmer.com or by phone at (902) 491-4107.
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