May 23, 2012

Nova Scotia Legislative Report - Spring Sitting May 17, 2012

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The spring sitting of the 4th session of the 61st General Assembly of the Nova Scotia Legislature began on March 29, 2012 and adjourned on May 17, 2012. During this sitting of the House of Assembly, 35 Government Bills, and 55 Private Members Bills and 3 Private and Local Bills were introduced.

Below is a summary of those Bills introduced between May 7 and May 11, 2012 as well as a status update for all Bills introduced during this session.

GOVERNMENT BILLS

None.

PRIVATE MEMBER’S BILLS

Bill No. 93 – Labour Standards Code (amended) – Allan MacMaster (PC)
This Bill amends the Labour Standards Code to require employers who provide benefits to their employees under long-term disability plans to insure those plans, subject to prescribed exceptions.
Status: Passed first reading and is awaiting debate in principle by the House.

PRIVATE AND LOCAL BILLS

None.

STATUS UPDATES

Status Update on Government Bills

Bill No. 1 – Status of the Artist Act– Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent.
Bill No. 5 - Municipal Government Act (amended) – Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent.
Bill No. 9 – Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act (amended) – Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent.
Bill No. 11 – Nova Scotia Tartan Act (amended) – Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent.
Bill No. 13 – Education Act (amended) – Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent.
Bill No. 17 – Financial Measures (2012) Act – Status: Received Royal Assent on May 17, 2012. This Act will come into force on such day as the Governor in Council orders and declares by proclamation.
Bill No. 20 – Public Trustee Act (amended) – Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent.
Bill No. 22 – Mortgage Regulation Act – Status: Received Royal Assent on May 17, 2012. This Act will come into force on such day as the Governor in Council orders and declares by proclamation.
Bill No. 24 – Purchasing Management Association of Canada Act (amended) – Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent.
Bill No. 30 - Promotion of Respectful and Responsible Relationships Act - Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent.
Bill No. 32 – Securities Act (amended) – Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent except Clause 1(c) and Sections 15, 19, and 20 which come into force on such day as the Governor in Council orders and declares by proclamation.
Bill No. 34 – Matrimonial Statutes Repeal Act – Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent.
Bill No. 37 – Interjurisdictional Support Orders Act – Status: Received Royal Assent on May 17, 2012. This Act will come into force on such day as the Governor in Council orders and declares by proclamation.
Bill No. 39 – Maintenance and Custody Act (amended) – Status: Received Royal Assent on May 17, 2012. This Act will come into force on such day as the Governor in Council orders and declares by proclamation.
Bill No. 41 – Grandparents’ Rights Affirmation Act – Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent.
Bill No. 52 – Conservation Easements Act (amended) – Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent.
Bill No. 55 – Community Easements Act– Status: Received Royal Assent on May 17, 2012. This Act will come into force on such day as the Governor in Council orders and declares by proclamation.
Bill No. 59 – Fish Harvesters Registration and Certification Act – Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent.
Bill No. 61 – Fisheries and Coastal Resources Act (amended) – Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent.
Bill No. 65 – Consumer Protection Act (amended) – Status: Received Royal Assent on May 17, 2012. This Act will come into force on such day as the Governor in Council orders and declares by proclamation.
Bill No. 69 – Appropriations Act, 2012 – Status: Received Royal Assent on May 17, 2012. This Act has effect on and after April 1, 2012.
Bill No. 71 - Assessment Act (amended) - Status: Received Royal Assent on May 17, 2012. Section 44 had effect on and after October 26, 2007. Except for Section 44, the Act will come into force on such day as the Governor in Council orders and declares by proclamation.
Bill No. 73 – Municipal Government Act (amended) - Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent.
Bill No. 74 – Patient Safety Act - Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent.
Bill No. 76 - Personal Health Information Act (amended) - Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent.
Bill No. 77 – Medical Society Act (amended) – Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent except Section 5 which comes into force on such day as the Governor in Council orders and declares by proclamation.
Bill No. 78 - Justice Administration (2012) Act – Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent except Sections 13 and 20 to 28 which come into force on such day as the Governor in Council orders and declares by proclamation.
Bill No. 79 - Education Act (amended) – Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent.
Bill No. 81 - Gaming Control Act (amended) – Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent except Sections 2 to 5, 7 to 11, and 14 and Clauses 15(1)(a) and 15(c) to (e) which come into force on such day as the Governor in Council orders and declares by proclamation.
Bill No. 82 – Nova Scotia Association of Health Organizations, An Act to Incorporate (amended) - Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent.
Bill No. 84 – Dalhousie University-Nova Scotia Agricultural College Merger Act –Status: Received Royal Assent on May 17, 2012. This Act will come into force on such day as the Governor in Council orders and declares by proclamation.
Bill No. 86 - NewPage Port Hawkesbury Pension Plans Act – Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent.
Bill No. 87 – Good Forestry Management on Crown Land Act – Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent except Section 4 which comes into force on such day as the Governor in Council orders and declares by proclamation.
Bill No. 88 - Maritime Link Act – Status: Received Royal Assent on May 17, 2012. This Act will come into force on such day as the Governor in Council orders and declares by proclamation.

Status Update on Private Member’s Bills

Bill No. 2 – Tax Review (2012-13) Act – Passed first reading and is awaiting debate in principle by the House.
Bill No. 3 – Sales Tax Act (amended) – Debate was adjourned on second reading.
Bill No. 4 – Maintenance and Custody Act (amended) – Passed first reading and is awaiting debate in principle by the House.
Bill No. 6 – Fair Treatment of Children Act– Passed first reading and is awaiting debate in principle by the House.
Bill No. 7 – Concussion Awareness Act– Passed first reading and is awaiting debate in principle by the House.
Bill No. 8 – Joseph Howe Day Act– Passed first reading and is awaiting debate in principle by the House.
Bill No. 10 – Blueprint for the Future of Public Education in Nova Scotia Act – Debate was adjourned on second reading.
Bill No. 12 – Petroleum Products Pricing Act - Passed first reading and is awaiting debate in principle by the House.
Bill No. 14 – Trade Union Act (amended) - Passed first reading and is awaiting debate in principle by the House.
Bill No. 15 – House of Assembly Management Commission Act (amended) - Passed first reading and is awaiting debate in principle by the House.
Bill No. 16 – Affordable Higher Education Act - Passed first reading and is awaiting debate in principle by the House.
Bill No. 18 – Agriculture and Marketing Act (amended) - Passed first reading and is awaiting debate in principle by the House.
Bill No. 19 – Early Development Instrument Assessment Program Act - Passed first reading and is awaiting debate in principle by the House.
Bill No. 21 – Sound Recording Tax Credit Act - Passed first reading and is awaiting debate in principle by the House.
Bill No. 23 – Day Care Act (amended) - Passed first reading and is awaiting debate in principle by the House.
Bill No. 25 – Victims’ Rights and Services Act (amended) - Passed first reading and is awaiting debate in principle by the House.
Bill No. 26 – Stand Up Against Bullying Day Act - Passed first reading and is awaiting debate in principle by the House.
Bill No. 27 – Cyberbullying Intervention Act – Debate was adjourned on second reading.
Bill No. 28 – Safer Schools Act - Passed first reading and is awaiting debate in principle by the House.
Bill No. 29 – Child Protection Intervention Act – Debate was adjourned on second reading.
Bill No. 31 – Residential Tenancies Act (amended) - Passed first reading and is awaiting debate in principle by the House.
Bill No. 33 – Diabetic Persons Support Act - Passed first reading and is awaiting debate in principle by the House.
Bill No. 35 – Motor Vehicle Act (amended) - Passed first reading and is awaiting debate in principle by the House.
Bill No. 36 – Income Tax Act (amended) - Passed first reading and is awaiting debate in principle by the House.
Bill No. 38 – Finance Act (amended)– Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 40 – Labour Standards Code (amended) – Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 42 – Rural Nova Scotia Physicians Act – Status: Debate adjourned on second reading.
Bill No. 43 – Newly Trained Nova Scotia Doctors Act – Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 44 – Health Act (amended) – Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 45 – Ratepayer Protection Act – Status: Debate adjourned on second reading.
Bill No. 46 – Electricity Act (amended) – Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 47 – Modernizing Government Act – Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 48 – Balanced Budget Act – Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 49 – Income Tax Act (amended) – Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 50 – Next Generation Act – Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 51 – Red Tape Reduction Act – Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 53 – Debt Settlement Protection Act – Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 54 – Power Rate Reduction Review Act - Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 56 – Elimination of Bonuses in Power Rates Act – Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 58 – Transparency in Power Rates Act – Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 60 – Ratepayer Fairness Act – Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 62 – Pension Benefits Act (amended) – Status: Passed first reading and is awaiting debate in principle by the House
Bill No. 63 – Transparency for Homeowners Act – Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 64 – Income Tax Act (amended) – Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 66 – Multiple Sclerosis Patient Support Act– Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 67 – Buy Nova Scotia First Act – Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 68 – Value for Money Act– Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 70 – Multiple Sclerosis Liberation Therapy Act – Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 72 - Capital Projects Review Act – Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 75 - An Act to Provide Greater Flexibility for Nova Scotians' Retirement Savings in Locked-in Accounts – Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 80 - Child and Youth Advocate Act – Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 85 - Workers' Compensation Act (amended) – Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 89 - Trade Union Act (amended) – Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 91 - Condominium Act (amended) – Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 92 - Safe Collection of Scrap Metal Act (amended) – Status: Passed first reading and is awaiting debate in principle by the House.
Bill No. 93 – Labour Standards Code (amended) – Status: Passed first reading and is awaiting debate in principle by the House.

Status Update on Private and Local Bills

Bill No. 57 – Crosbie Memorial Trust Fund Act (amended) – Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent.
Bill No. 83 – Annapolis Valley Apple Blossom Festival, An Act to Incorporate the (amended)– Status: Received Royal Assent on May 17, 2012. This Act came into force upon Royal Assent.
Bill No. 90 - Nova Scotia Provincial Exhibition Commission Act (amended) – Status: Received Royal Assent on May 17, 2012. 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.