December 03, 2010

Nova Scotia Legislative Report - Fall Sitting Dec 3, 2010

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The fall sitting of the 2nd session of the 61st General Assembly of the Nova Scotia Legislature began on October 28, 2010. As of December 3, 2010, 38 Government Bills, 11 Private Members Bills, and 4 Private and Local Bills have been introduced during this sitting of the House of Assembly.

Below is a summary of those Bills introduced between November 27, 2010 and December 3, 2010, and the status of legislation introduced since the beginning of the session, current to December 3, 2010.

GOVERNMENT BILLS

Bill No. 118 – Public Interest Disclosure of Wrongdoing Act – Hon. Frank Corbett

This Bill is intended to make it easier for provincial government employees to report potential wrongdoings. A “wrongdoing” is defined as directly or indirectly contravening federal or provincial law; misusing or grossly mismanaging public funds or assets; or committing an act or omission that creates a risk to the life, health or safety of persons, or to the environment. When an employee believes that a wrongdoing has been committed or is about to be committed, she may disclose the matter to her supervisor, a designated officer, or the Ombudsman. However, employees are allowed to bypass these persons and go directly to the appropriate authorities and the public if they believe that the matter puts a person or the environment at substantial and imminent risk. The Bill mandates that no reprisal can be taken against an employee who has taken action in good faith under the legislation, and allows employees who feel that they have been subjected to a reprisal to make a complaint before the Labour Standards Tribunal or the Labour Board.

The Bill requires that Deputy Ministers prepare annual public reports detailing the disclosures that have been made by employees in their Departments. These reports must detail any findings of wrongdoing, as well as any recommendations that were made and actions that were taken. The Bill also expands the role of the Ombudsman, and confers broad powers upon him in investigating allegations of wrongdoing. The Ombudsman is also required to prepare comprehensive annual reports that are to be tabled in the House of Assembly, and may publish other reports on any matter that he believes to be in the public interest. Status: Passed 2nd reading, Law Amendments Committee met on December 2, 2010 but the Bill has not yet been referred back to Committee of the Whole House.

Bill No. 119 – Residential Tenancies Act (amended) – Hon. Ramona Jennex

This Bill introduces a host of amendments to the Residential Tenancies Act. Generally, these amendments are intended to balance the rights, needs, and responsibilities of tenants and landlords, and are also intended to improve dispute resolution mechanisms. For instance, in disputes involving unpaid rent, the Bill provides that a landlord may give a 15 day notice to quit to a tenant who is 15 days in arrears in his rent, and that such a notice will become void if the tenant pays the arrears within 15 days of receiving it. The Bill also provides that the Director of Residential Tenancies is authorized to, without first holding a hearing into the matter, order that a tenant vacate her premises if she does not pay her rental arrears or apply to set aside a notice to quit issued by her landlord.

The amendments are also intended to provide immediate security of tenure for all tenants; extend the application of provisions for early termination of tenancies to tenants with fixed-term leases; clarify when a landlord is required to provide a copy of the Residential Tenancies Act to a tenant; and to allow the Director of Residential Tenancies and the Small Claims Court to award the costs of application and appeal fees, respectively, to successful parties in the hearing processes before these entities. The Bill also provides landlords of land-lease communities with a simple process by which to impose, or obtain approval for, rent increases. Status: Passed 2nd reading, Law Amendments Committee met on December 2, 2010 but the Bill has not yet been referred back to Committee of the Whole House.

Bill No. 120 – Condominium Act (amended) – Hon. Ramona Jennex

This Bill is intended to make a series of minor amendments to the Condominium Act. Specifically, the Bill clarifies that consent must be obtained from persons holding encumbrances against and interests appurtenant to land upon which a condominium complex is to be created before a condominium declaration for the complex can be registered. The Bill also corrects section references in the Condominium Act and the Residential Tenancies Act, and reinstates the authority of the Governor in Council to make regulations requiring the payment of fees to officers acting under the Condominium Act. Status: Passed 2nd reading, Law Amendments Committee met on December 2, 2010 but the Bill has not yet been referred back to Committee of the Whole House.

Bill No. 121 – Human Organ and Tissue Donation Act – Hon. Maureen MacDonald

This Bill replaces the Human Tissues Gift Act, and requires that hospitals refer all potential candidates for organ and tissue donation, once a physician has determined the patient is going to die. Families will not be approached until after the potential donor's suitability has been established. Potential organ donors are usually people who die from a head injury or stroke and have died in a hospital on a respirator. This Bill also recognizes common-law partners as valid substitute decision makers. Consent is also required under this Bill for pre-death procedures such as ventilation and medications. A Court Order is required for a living donation where the donor lacks capacity. Annual reports must be filed by the Chief Executive Officer of each district health authority and Chief Medical Examiner which indicate the number of people who may be medically suitable to be a donor, but are not referred to the tissue bank and the organ-donation program, as well as actions or proposals to address the information reported. Status: Passed 1st reading, and is awaiting debate in principle by the House.

Bill No. 122 – Lobbyists' Registration Act (amended) – Hon. Ramona Jennex

This Bill requires organizations or groups which encourage certain members of the public and special interest groups to lobby public office holders, to register. This Bill prohibits contingency fees for consulting lobbyists, but grandfathers those which were already in existence for 24 months from the date this Bill is proclaimed. This Bill intends to preserve Lobbying as a part of the democratic process and respect the public’s right to know which organizations and individuals are involved in lobbying and trying to influence government decision making. Status: Passed 1st reading, and is awaiting debate in principle by the House.

Bill No. 123 – Municipal Government Act and Halifax Regional Municipality Charter (amended) – Hon. Ramona Jennex

This Bill amends the definition of dangerous and unsightly premises in the Municipal Government Act and in the Halifax Regional Municipality Act to include certain buildings and structures whether or not they have structural deficiencies. It also authorizes a municipality to make by-laws respecting the maintenance and sightliness of property. Status: Passed 1st reading, and is awaiting debate in principle by the House.
Bill No. 124 – Land Surveyors Act – Hon. John MacDonell

This Bill repeals and replaces the former Act with one which will allow the Association of Nova Scotia Land Surveyors to more effectively monitor and enforce standards among land surveyors. This is achieved by providing for greater accountability and higher standards for the self-regulated profession, thereby improving its reliability and credibility. The mechanisms by which this will happen include the establishment and monitoring of Standards of Practise and a Code of Ethics for the profession. Status: Passed 1st reading, and is awaiting debate in principle by the House.

Bill No. 125 – Heritage Property Act (amended) – Hon. Percy a. Paris

This Bill adds the protection of public-building interiors and cultural landscapes to the Heritage Property Act. It also adds definitions of "character-defining elements", "cultural landscapes", "heritage value", "intervention", "public-building interiors", "regional municipality" and "substantial alteration" to the Act. It also prevents deregistration of a heritage property due to a loss of heritage value caused by the neglect, abandonment or other actions or inaction of the owner. Municipalities now have three years to consider an application to alter the exterior appearance of or demolish a municipal heritage property. The Governor in Council is now authorized to make regulations determining the criteria to be used with respect to the appointment of persons to the Advisory Council on Heritage Property, determining the baseline criteria to be used by the Advisory Council to evaluate the heritage value of a property under consideration for provincial heritage registration and determining the standards and guidelines to be used for the conservation of registered provincial heritage property. Status: Passed 1st reading, and is awaiting debate in principle by the House.

Bill No. 126 – Adult Learning Act – Hon. Marilyn More

The purpose of the Bill is to provide designated components of adult learning. The Bill requires the Minister of Labour and Workforce Development to consult regularly with the adult learning community and allows the Minister to prescribe components of adult learning as designated components which the Minister will support and fund such learning organizations offering adult learning programs. Annual reports must be prepared with respect to each designated component. Status: Passed 1st reading, and is awaiting debate in principle by the House.

Bill No. 127 – Occupational Health and Safety Act (amended) - Hon. Marilyn More

This Bill amends the Occupational Health and Safety Act to correct outdated references, clarify certain definitions, update processes associated with the Advisory Council, amend the enforcement powers of officers appointed under the Act, and make minor amendments, including clarifying the scope of employee observation during health and safety monitoring, expanding topics available for public education, and permitting documents to be served electronically. Status: Passed 1st reading, and is awaiting debate in principle by the House.

Bill No. 128 – Trade Union Act (amended) - Hon. Marilyn More

This Bill codifies the powers of arbitrators and arbitration boards. An arbitrator or the chair of an arbitration board may require any party to furnish particulars, require any party bound by a collective agreement to produce documents, fix dates for the commencement and continuation of hearings, summon and enforce the attendance of witnesses, and administer oaths and affirmations. An arbitrator or arbitration board may receive evidence by affidavit, determine procedures and consider submissions, determine questions of fact and law, have regard to the real substance of the matter in dispute, enter premises where work is being done by the employees, make orders and give directions. Status: Passed 1st reading , and is awaiting debate in principle by the House.


PRIVATE MEMBERS BILLS

Bill No. 129 – Wilderness Areas Protection Act (amended) – Jamie Baillie (PC)

This Bill allows for off-highway vehicle use on existing trails within a designated wilderness area and requires that management plans for wilderness areas be enacted and adopted within twelve months of this Bill receiving Royal Assent. This Bill further allows persons holding renewable leases and licences to access camps or cottages to renew those leases and licences. Status: Passed 1st reading, and is awaiting debate in principle by the House.

STATUS UPDATES

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 3rd reading, and is awaiting Royal Assent.
  • 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. This Act came into force upon Royal Assent; however, sections 2 to 8 had effect on and after January 1, 2010, and sections 24 and 25 came into force on November 9, 2010.
  • Bill No. 29 Municipal Government Act (amended) – Received Royal Assent on May 11, 2010. This Act was proclaimed into force on November 16, 2010.
  • Bill No. 33 Securities Transfer Act – Received Royal Assent on May 11, 2010. This Act was proclaimed into force on September 8, 2010.
  • Bill No. 35 Finance Act – Received Royal Assent on May 11, 2010. This Act was proclaimed into force on August 1, 2010.
  • Bill No. 36 Engineering Profession 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. This Act had effect on and after 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. This Act came into force upon Royal Assent; however, sections 1 and 2(3) will come into force on such day as the Governor in Council orders and declares by proclamation.
  • Bill No. 52 Insurance Act (amended) – Received Royal Assent on May 11, 2010. This Act had effect on and after July 1, 2010; however, clauses 4(a) and (c) will come into force on such day as the Governor in Council orders and declares by proclamation.
  • 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 was proclaimed into force on July 13, 2010.
  • Bill No. 58 Powers of Attorney Act (amended) – Passed 3rd reading and is awaiting Royal Assent.
  • 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 Profession Act (amended) – Passed 2nd reading, Law Amendments Committee met on December 2, 2010 but the Bill has not yet been referred back to Committee of the Whole House.
  • Bill No. 64 Electricity Act (amended) – Received Royal Assent on May 11, 2010. This Act was proclaimed into force on October 12, 2010.
  • Bill No. 65 Homes for Special Care Act (amended) – Received Royal Assent on May 11, 2010. This Act came into force upon Royal Assent; however, section 1 will come into force on such day as the Governor in Council orders and declares by proclamation.
  • Bill No. 67 Halifax Regional Municipality Charter (amended) – Received Royal Assent on May 11, 2010. This Act came into force upon Royal Assent; however, sections 1 and 3 had effect on and after 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.
  • Bill No. 72 Police Act (amended) – Passed 3rd reading and is awaiting Royal Assent.
  • Bill No. 74 Land Titles Clarification Act (amended) – Passed 3rd reading and is awaiting Royal Assent.
  • Bill No. 75 Merchandise Inspection Act (repealed) – Passed 3rd reading and is awaiting Royal Assent.
  • Bill No. 76 Credit Union Act (amended) – Passed 3rd reading and is awaiting Royal Assent.
  • Bill No. 78 Public Utilities Act (amended) – Passed 3rd reading and is awaiting Royal Assent.
  • Bill No. 79 Securities Act (amended) – Passed 3rd reading and is awaiting Royal Assent.
  • Bill No. 81 Oak Island Treasure Act – Passed 3rd reading and is awaiting Royal Assent.
  • Bill No. 82 Offshore Licensing Policy Act – Passed 2nd reading, and has been referred to the Law Amendments Committee which is currently scheduled to meet on Monday December 6, 2010.
  • Bill No. 83 Fisheries and Coastal Resources Act (amended) – Passed 3rd reading and is awaiting Royal Assent.
  • Bill No. 85 Police Act (amended) – Passed 3rd reading and is awaiting Royal Assent.
  • Bill no. 87 Court Jurisdiction and Proceedings Transfer Act (amended) - Passed 3rd reading and is awaiting Royal Assent.
  • Bill No. 88 Summary Proceedings Act (amended) – Passed 1st reading; debate was adjourned on 2nd reading.
  • Bill No. 89 Personal Health Information Act – Passed 2nd reading; Law Amendments Committee met on November 24, 2010, November 30, 2010 and December 1, 2010 and reported back to the House on December 2, 2010.
  • Bill No. 90 Auditor General Act – Passed 3rd reading and is awaiting Royal Assent.
  • Bill No. 93 Motor Vehicle Act (amended) – Passed 3rd reading and is awaiting Royal Assent.
  • Bill No. 94 Motor Vehicle Act (amended) – Passed 3rd reading and is awaiting Royal Assent.
  • Bill No. 95 Consumer Reporting Act (amended) – Passed 3rd reading and is awaiting Royal Assent.
  • Bill No. 97 Motor Vehicle Act (amended) – Passed 3rd reading and is awaiting Royal Assent.
  • Bill No. 98 Solemnization of Marriage Act (amended) – Passed 3rd reading and is awaiting Royal Assent.
  • Bill No. 99 Conflict of Interest Act – Passed 2nd reading, and has been referred to the Law Amendments Committee, which met on November 30, 2010 and December 2, 2010 but which has not yet reported back to the House.
  • Bill No. 100 Labour Relations Act – Passed 2nd reading, and has been referred to the Law Amendments Committee, which met on November 30, 2010 and December 2, 2010 but which has not yet reported back to the House.
  • Bill No. 102 – Tanning Beds Act - Law Amendments Committee met on November 30, 2010 and December 1, 2010 and reported back to the House on December 2, 2010.
  • Bill No. 103 – Motor Vehicle Act (amended) - Law Amendments Committee met on November 30, 2010 and reported back to the House on December 1, 2010.
  • Bill No. 105 – Education Act (amended) - Law Amendments Committee met on November 30, 2010 and reported back to the House on December 1, 2010.
  • Bill No. 106 – Handicapped Persons’ Education Act (amended) – Law Amendments Committee met on November 30, 2010 and reported back to the House on December 1, 2010.
  • Bill No. 108 – Nova Scotia Museum Act (amended) - Law Amendments Committee met on December 1, 2010 and reported back to the House on December 2, 2010.
  • Bill No. 109 – Weed Control Act (amended) – Law Amendments Committee met on November 30, 2010 and reported back to the House on December 1, 2010.
  • Bill No. 110 – Animal Protection Act (amended) – Law Amendments Committee met on November 30, 2010 and reported back to the House on December 1, 2010.
  • Bill No. 111 – Motor Vehicle Act (amended) – Law Amendments Committee met on December 1, 2010 and reported back to the House on December 2, 2010.
  • Bill No. 112 – Halifax Regional Municipality Charter (amended) – Law Amendments Committee met on December 1, 2010 and reported back to the House on December 2, 2010.
  • Bill No. 113 – Clothesline Act – Passed 2nd reading, and has been referred to the Law Amendments Committee, which met on December 2, 2010 but which has not yet reported back to the House.
  • Bill No. 114 – Anti-idling Act – Passed 2nd reading, and has been referred to the Law Amendments Committee, which met on December 3, 2010 but which has not yet reported back to the House.
  • Bill No. 115 – Public Sector Compensation Disclosure Act - Passed 2nd reading, and has been referred to the Law Amendments Committee, which met on December 2, 2010 but which has not yet reported back to the House.
  • Bill No. 118 – Public Interest Disclosure of Wrongdoing Act - Passed 2nd reading, Law Amendments Committee met on December 2, 2010 but the Bill has not yet been referred back to Committee of the Whole House.
  • Bill No. 119 – Residential Tenancies Act (amended) - Passed 2nd reading, Law Amendments Committee met on December 2, 2010 but the Bill has not yet been referred back to Committee of the Whole House.
  • Bill No. 120 – Condominium Act (amended) - Passed 2nd reading, Law Amendments Committee met on December 2, 2010 but the Bill has not yet been referred back to Committee of the Whole House.
  • Bill No. 121 – Human Organ and Tissue Donation Act - Passed 1st reading, and is awaiting debate in principle by the House.
  • Bill No. 122 – Lobbyists’ Registration act (amended) - Passed 1st reading, and is awaiting debate in principle by the House.
  • Bill No. 123 – Municipal Government Act and Halifax Regional Municipality Charter (amended) - Passed 1st reading, and is awaiting debate in principle by the House.
  • Bill No. 124 – Land Surveyors Act - Passed 1st reading, and is awaiting debate in principle by the House.
  • Bill No. 125 – Heritage Property Act (amended) - Passed 1st reading, and is awaiting debate in principle by the House.
  • Bill No. 126 – Adult Learning Act - Passed 1st reading, and is awaiting debate in principle by the House.
  • Bill No. 127 – Occupational Health and Safety Act (amended) - Passed 1st reading, and is awaiting debate in principle by the House.
  • Bill No. 128 – Trade Union Act (amended) - Passed 1st reading, and is awaiting debate in principle by the House.

Status Update on Private Member’s 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 was referred to the Law Amendments Committee. The Law Amendments Committee met on May 4, 2010, and has yet to report to the House.
  • Bill No. 17 Public Highways Act (amended) – Passed 1st reading, and is awaiting debate in principle in 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 in 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 (amended) – Passed 1st 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) – 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; debate was adjourned on 2nd reading.
  • 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 Joseph Howe Day Act – 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 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 Program Act – Passed 1st reading, and is awaiting debate in principle by the House.
  • Bill No. 73 Forests Act (amended) – Passed 1st reading; debate was adjourned on 2nd reading.
  • Bill No. 77 Tax Review (2010-11) Act – Passed 1st reading; debate was adjourned on 2nd reading.
  • Bill No. 80 Multiple Sclerosis Liberation Therapy Act – Passed 1st reading; debate was adjourned on 2nd reading.
  • Bill No. 84 Motor Vehicle Act (amended) – Passed 1st reading, and is awaiting debate in principle by the House.
  • Bill No. 86 Cemeteries Protection Act (amended) – Passed 1st reading, and is awaiting debate in principle by the House.
  • Bill No. 92 Agriculture and Marketing Act (amended) – Passed 1st reading; debate was adjourned on 2nd reading.
  • Bill No. 96 Multiple Sclerosis Patient Support Act – Passed 1st reading, and is awaiting debate in principle by the House.
  • Bill No. 101 Sales Tax Act (amended) – Passed 1st reading, and is awaiting debate in principle by the House.
  • Bill No. 116 Homes for Special Care Act (amended) – Passed 1st reading, and is awaiting debate in principle by the House.
  • Bill No. 129 – Wilderness Areas Protection Act (amended) – Passed 1st reading, and is awaiting debate in principle by the House.

Status Update on Private and Local 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.
  • Bill No. 91 Royal Nova Scotia Yacht Squadron Amalgamation Act – Passed 2nd reading, and has been referred to the Private and Local Bills Committee.
  • Bill No. 104 – Trustees of Liverpool United Baptist Church Act (amended) – Passed 1st reading on November 23, 2010 and is awaiting debate in principle by the House.
  • Bill No. 107 – Public Service Commission of Bridgewater Act (amended) – Passed 2nd reading and has been referred to the Private and Local Bills Committee.
  • Bill No. 117 – Yarmouth North Baptist Church Act (amended) – Passed 2nd reading and has been referred to the Private and Local Bills Committee.

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.