May 13, 2010

Nova Scotia Legislative Report - Spring Sitting May 13, 2010

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The 2nd Session of the 61st General Assembly of the Nova Scotia legislature began on Thursday March 25th, 2010 and adjourned on Tuesday, May 11th 2010. In total 30 Government Bills, 39 Private Members Bills and 2 Private Bills have been introduced during this sitting of the House of Assembly.  This report includes a summary of those bills introduced on May 10th, 2010 and May 11th, 2010 and a table providing the status of legislation introduced since the beginning of this session current to May 11th, 2010.

PRIVATE MEMBER’S BILLS

Bill No. 70 – Wilderness Areas Protection Act (amended) – Hon Murray K. Scott (PC)
This Bill preserves trails and routes within newly designated wilderness areas located on Crown Land and entitles persons to continue to camp or cottage in protected areas notwithstanding the area’s designation as a protected area if the camping or cottaging occurred prior to such a designation. Status: Passed first reading and is awaiting debate in principle by the House.

Bill No. 71 – Early Development Instrument Act – Kelly Regan (LIB)
This Bill establishes a province-wide program to measure the development of grade primary children beginning in the 2011-12 academic year. It is based on a project developed by the Offord Centre for Child Studies at McMaster University 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 - Received Royal Assent on May 11, 2010. This Act came into force upon Royal Assent.
  • Bill No. 7 Pharmacy Act (amended) - Passed 2nd reading and referred to the Committee on Law Amendments.
  • Bill No. 10 Cape Breton Island Marketing Levy Act (amended) - Received Royal Assent on May 11, 2010. This Act came into force upon Royal Assent.
  • Bill No. 13 Motor Vehicle Act (amended) - Received Royal Assent on May 11, 2010. This Act came into force upon Royal Assent.
  • Bill No. 16 Summary Proceedings Act (amended) - Received Royal Assent on May 11, 2010. This Act will come into force on such day as the Governor in Council orders and declares by proclamation.
  • Bill No. 18
  • Vital Statistics Act (amended)
  • Received Royal Assent on May 11, 2010. This Act came into force upon Royal Assent.
  • Bill No. 19 Motor Vehicle Act (amended) - Received Royal Assent on May 11, 2010. This Act will come into force on such day as the Governor in Council orders and declares by proclamation.
  • Bill No. 22 Security and Investigative Services  Act - Received Royal Assent on May 11, 2010. This Act will come into force on such day as the Governor in Council orders and declares by proclamation.
  • Bill No. 23 Sea, Army, Air and Navy League Cadets Day Act - Received Royal Assent on May 11, 2010. This Act came into force upon Royal Assent.
  • Bill No. 24 Financial Measures (2010) Act - Received Royal Assent on May 11, 2010. Sections 2, 3, 4, 5, 6, 7 and 8 (with respect to the Income Tax Act) were proclaimed into force as of January 1, 2010. Sections 24 and 25 of this Act will come into force on such day as the Governor in Council orders and declares by proclamation. The remainder of this Act came into force upon Royal Assent.
  • Bill No. 29 Municipal Government Act (amended) - Received Royal Assent on May 11, 2010. This Act will come into force on such day as the Governor in Council orders and declares by proclamation.
  • Bill No. 33 Securities Transfer Act - Received Royal Assent on May 11, 2010. This Act will come into force on such day as the Governor in Council orders and declares by proclamation.
  • Bill No. 35 Finance Act - Received Royal Assent on May 11, 2010. This Act will take effect on August 1, 2010.
  • Bill No. 36 Engineering Act (amended) - Received Royal Assent on May 11, 2010. This Act came into force upon Royal Assent.
  • Bill No. 38 Voluntary Carbon Emissions Offset Fund Act - Received Royal Assent on May 11, 2010. This Act will come into force on such day as the Governor in Council orders and declares by proclamation.
  • Bill No. 41 Volunteer Fire Services Act (amended) - Received Royal Assent on May 11, 2010. This Act came into force upon Royal Assent.
  • Bill No. 46 Appropriations Act, 2010 - Received Royal Assent on May 11, 2010 and is effective as of April 1, 2010.
  • Bill No. 47 Education Act (amended) - Received Royal Assent on May 11, 2010. This Act came into force upon Royal Assent.
  • Bill No. 51 Revenue Act (amended) - Received Royal Assent on May 11, 2010. Section 1 and subsection 2(3) come into force on such day as the Governor in Council orders and declares by proclamation.  The remainder of this Act came into force upon Royal Assent.
  • Bill No. 52 Insurance Act (amended) - Received Royal Assent on May 11, 2010. Section 4(a) and 4(c) come into force on such day as the Governor in Council orders and declares by proclamation. The remainder of this Act comes into effect on July 1, 2010.
  • Bill No. 53 Fur Industry Act - Received Royal Assent on May 11, 2010. This Act will come into force on such day as the Governor in Council orders and declares by proclamation.
  • Bill No. 55 Internal Trade Agreement Implementation Act (amended) - Received Royal Assent on May 11, 2010. This Act will come into force on such day as the Governor in Council orders and declares by proclamation.
  • Bill No. 58 Powers of Attorney Act (amended) - Passed 2nd reading and has been referred to the Law Amendments Committee.
  • Bill No. 61 Non Essential Pesticides Control Act - Received Royal Assent on May 11, 2010. This Act will come into force on such day as the Governor in Council orders and declares by proclamation.
  • Bill No. 62 Nova Scotia Hospital Foundation Act (repealed) - Received Royal Assent on May 11, 2010. This Act came into force upon Royal Assent.
  • Bill No. 63 Legal Professions Act (amended) - Passed 2nd reading and referred to the Committee on Law Amendments.
  • Bill No. 64 Electricity Act (amended) - Received Royal Assent on May 11, 2010. This Act will come into force on such day as the Governor in Council orders and declares by proclamation.
  • Bill No. 65 Homes For Special Care Act (amended) - Received Royal Assent on May 11, 2010. Section 1 comes into force on such day as the Governor in Council orders and declares by proclamation. The remainder of this Act came into force upon Royal Assent.
  • Bill No. 67 Halifax Regional Municipality Charter (amended) - Received Royal Assent on May 11, 2010. This Act came into force on Royal Assent. Sections 1 and 3 have effect as of February 17, 2009.
  • Bill No. 68 Public Utilities Act (amended) - Received Royal Assent on May 11, 2010. This Act came into force upon Royal Assent.

 

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 second 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; debate was adjourned on 2nd reading
  • 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; debate was adjourned on 2nd reading
  • 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; debate was adjourned on 2nd reading
  • 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
  • Bill No. 42 Public Service Act (amended) - Passed 1st reading and is awaiting debate in principle by the House
  • Bill No. 44 Maintenance and Custody Act (amended) - Passed 1st reading and is awaiting debate in principle by the House
  • Bill No. 45 Day Care Act (amended) - Passed 1st reading and is awaiting debate in principle by the House
  • Bill No. 48 Elections Act (amended) - Passed 1st reading and is awaiting debate in principle by the House
  • Bill No. 50 Correctional Services Act (amended) and Police Act (amended) - Received Royal Assent on May 11, 2010. This Act came into force upon Royal Assent.
  • Bill No. 54 An Act to Establish Joseph Howe Day - Passed 1st reading and is awaiting debate in principle by the House
  • Bill No. 56 Special Places Protection Act (amended) - Passed 1st reading and is awaiting debate in principle by the House
  • Bill No. 57 The Income Tax Act (amended) - Passed 1st reading and is awaiting debate in principle by the House.
  • Bill No. 59 Public Utilities Act (amended) - Passed 1st reading and is awaiting debate in principle by the House.
  • Bill No. 60 Green Energy Promotion Act - Passed 1st reading and is awaiting debate in principle by the House.
  • Bill No. 66 Liquor Control Act (amended) - Passed 1st reading and is awaiting debate in principle by the House.
  • Bill No. 69 Public Highways Act (amended) - Passed 1st reading and is awaiting debate in principle by the House.
  • Bill No. 70 Wilderness Areas Protection Act (amended) - Passed 1st reading and is awaiting debate in principle by the House.
  • Bill No. 71 Early Development Instrument Act - Passed 1st reading and is awaiting debate in principle by the House.


Status Update on Private Bills

  • Bill No. 43 First Cornwallis Baptist Church Act (amended) - Received Royal Assent on May 11, 2010. This Act came into force upon Royal Assent.
  • Bill No. 49 Royal Cape Breton Yacht Club, An Act to incorporate (amended) - Received Royal Assent on May 11, 2010. This Act came into force upon Royal Assent.


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.


Cox & Palmer publications are intended to provide information of a general nature only and not legal advice. The information presented is current to the date of publication and may be subject to change following the publication date.