November 16, 2012

Nova Scotia Legislative Report - Fall Sitting Nov 16, 2012

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The fall sitting of the 4th session of the 61st General Assembly of the Nova Scotia Legislature began on October 25, 2012. As of November 16, 2012, 15 Government Bills, 24 Private Members Bills and 3 Private Bills have been introduced during this sitting of the House of Assembly.

Below is a summary of those Bills introduced between November 13 and November 16, 2012.

GOVERNMENT BILLS

Bill No. 127 - Art Gallery of Nova Scotia Act (amended) – Hon. Leonard Preyra
This Bill updates the title of the Minister responsible for the Act, provides that the Art Gallery of Nova Scotia as a body corporate has all the powers of a natural person rather than those of a society constituted under the Societies Act, authorizes the Board to manage and control the affairs of the Gallery, allows the Board to exercise the powers of the Gallery, and provides that the Board’s exercise of the Gallery’s powers prevails when there is a conflict between the Board and the Gallery membership relating to the exercise of the Gallery’s powers. The Bill also amends the Board by-law authority to include the regulation of all rights relating to Gallery members, transfers and expands Board powers to the Gallery, and amends the Act to allow any grant, gift, devise, bequest or trust made to the Gallery after the date of coming into force to be retained as property of the Gallery rather than property of the Province.
Status: Passed second reading on November 15, 2012 and was referred to the Law Amendments Committee.

Bill No. 131 - School Board Members Duties Clarification Act – Hon. Ramona Jennex
This Bill amends the Education Act to clarify the role and duties of school board members and adds a focus on achievement of all students to the duties of school boards.
Status: Passed first reading on November 15, 2012 and is awaiting debate in principal by the house.

Bill No. 133 - Inter-city Bus Service Act - Hon. Maurice G Smith
This Act amends the Motor Carrier Act to make the Minister of Transportation and Infrastructure Renewal the licensing authority with respect to inter-city bus licenses and related matters while keeping the Nova Scotia Utility and Review Board as the licensing authority with respect to other types of licenses issued to motor carriers. Under the amendments, the Board will continue to be able to exercise authority over the licenses it has issued, except with respect to amendments related to inter-city bus service, which will become the Minister’s responsibility. The amendments give the Minister the option to refer matters concerning inter-city bus service to the Board in exceptional circumstances and provide the Governor in Council with related regulation-making powers.

In addition, the Bill decreases the notice requirements for applications to the Board from publication in two issues of the Royal Gazette to one issue and from twenty-one days to object to seven days and removes the possibility of imprisonment as punishment for an offence under the Act.
Status: Passed first reading on November 16, 2012 and is awaiting debate in principal by the house.

PRIVATE MEMBER’S BILLS

Bill No. 128 - An Act to Support Students with Diabetes and Other Life-threatening Illnesses – Hon. Karen Casey (Lib)
This Bill requires the Minister of Education to establish and monitor the implementation of a life-threatening illness policy in schools.
Status: Passed first reading on November 13, 2012 and is awaiting debate in principal by the house.

Bill No. 132 - Income Tax Act (amended) - Leo Glavine (Lib)
This Bill amends the Income Tax Act to provide a $500 tax credit for the taxation year 2012 and for subsequent taxation years for auxiliary police officers and RCMP auxiliary constables.
Status: Passed first reading on November 15, 2012 and is awaiting debate in principal by the house.

Bill No. 134 - Liquor Control Act(amended) – Diana Whalen (Lib)
This Bill repeals the express authority of the Nova Scotia Liquor Corporation to apply for an injunction against an anticipated or continuing violation of the Liquor Control Act.
Status: Passed first reading on November 16, 2012 and is awaiting debate in principal by the house.

Bill No. 135 - Liquor Control Act(amended) – Diana Whalen (Lib)
This Bill permits the operation of a business to assist or participate in the making of beer, wine or cider by another person, sometimes referred to as a U-Brew or U-Vint business.
Status: Passed first reading on November 16, 2012 and is awaiting debate in principal by the house.

PRIVATE AND LOCAL BILLS

Bill No. 129 - Liverpool United Baptist Church Cemetery Act –Vicki Conrad (NDP)
This Bill dissolves the United Baptist Cemetery Corporation and transfers all property, rights, liabilities and obligations of the Corporation to the Trustees of the Liverpool United Baptist Church. This Bill also expands the powers of the Trustees of the Liverpool United Baptist Church over the United Baptist Church Cemetery.
Status: Passed second reading on November 15, 2012, and was referred to the Committee for Private and Local Bills.

Bill No. 130 - Convention of Atlantic Baptist Churches Act - Vicki Conrad (NDP)
This Bill amends the legislation in Nova Scotia such that any reference in any provincial statute to the Convention of Atlantic Baptist Churches should be interpreted as a reference to the Incorporated Convention of Atlantic Baptist Churches, and any reference in any document to the Convention of Atlantic Baptist Churches should be deemed to be and construed as a reference to the Incorporated Convention.
Status: Passed second reading on November 15, 2012, and was referred to the Committee for Private and Local Bills.

STATUS UPDATES

Status Update on Government Bills

Bill No. 1 – Status of the Artist Act– Status: Received Royal Assent May 17, 2012.
Bill No. 5 - Municipal Government Act (amended) – Status: Received Royal Assent May 17, 2012.
Bill No. 9 – Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act (amended) – Status: Received Royal Assent May 17, 2012.
Bill No. 11 – Nova Scotia Tartan Act (amended) – Status: Received Royal Assent May 17, 2012.
Bill No. 13 – Education Act (amended) – Status: Received Royal Assent May 17, 2012.
Bill No. 17 – Financial Measures (2012) Act – Status: Received Royal Assent May 17, 2012.
Bill No. 20 – Public Trustee Act (amended) – Status: Received Royal Assent May 17, 2012.
Bill No. 22 – Mortgage Regulation Act – Status: Received Royal Assent May 17, 2012.
Bill No. 24 – Purchasing Management Association of Canada Act (amended) – Status: Received Royal Assent May 17, 2012.
Bill No. 30 - Promotion of Respectful and Responsible Relationships Act - Status: Received Royal Assent May 17, 2012.
Bill No. 32 – Securities Act (amended) – Status: Received Royal Assent May 17, 2012.
Bill No. 34 – Matrimonial Statutes Repeal Act – Status: Received Royal Assent May 17, 2012.
Bill No. 37 – Interjurisdictional Support Orders Act – Status: Received Royal Assent May 17, 2012.
Bill No. 39 – Maintenance and Custody Act (amended) – Status: Received Royal Assent May 17, 2012.
Bill No. 41 – Grandparents’ Rights Affirmation Act – Status: Received Royal Assent May 17, 2012.
Bill No. 52 – Conservation Easements Act (amended) – Status: Received Royal Assent May 11, 2012.
Bill No. 55 – Community Easements Act– Status: Received Royal Assent May 17, 2012.
Bill No. 59 – Fish Harvesters Registration and Certification Act – Status: Received Royal Assent May 17, 2012.
Bill No. 61 – Fisheries and Coastal Resources Act (amended) – Status: Received Royal Assent May 17, 2012.
Bill No. 65 – Consumer Protection Act (amended)– Status: Received Royal Assent May 17, 2012.
Bill No. 69 – Appropriations Act, 2012 – Status: Received Royal Assent May 17, 2012.
Bill No. 71 - Assessment Act (amended) - Status: Received Royal Assent May 17, 2012.
Bill No. 73 – Municipal Government Act (amended) - Status: Received Royal Assent May 17, 2012.
Bill No. 74 – Patient Safety Act - Status: Received Royal Assent May 17, 2012.
Bill No. 76 - Personal Health Information Act (amended) - Status: Received Royal Assent May 17, 2012.
Bill No. 77 – Medical Society Act (amended) – Status: Received Royal Assent May 17, 2012.
Bill No. 78 - Justice Administration (2012) Act – Status: Received Royal Assent May 17, 2012.
Bill No. 79 - Education Act (amended) – Status: Received Royal Assent May 17, 2012.
Bill No. 81 - Gaming Control Act (amended) – Status: Received Royal Assent May 17, 2012.
Bill No. 82 – Nova Scotia Association of Health Organizations, An Act to Incorporate (amended) - Status: Received Royal Assent May 17, 2012.
Bill No. 84 – Dalhousie University-Nova Scotia Agricultural College Merger Act –Status: Received Royal Assent May 17, 2012.
Bill No. 86 - NewPage Port Hawkesbury Pension Plans Act – Status: Received Royal Assent May 17, 2012.
Bill No. 87 – Good Forestry Management on Crown Land Act – Status: Received Royal Assent May 17, 2012.
Bill No. 88 - Maritime Link Act – Status: Received Royal Assent May 17, 2012.
Bill No. 94 – House of Assembly Act (amended) - Passed second reading and was referred to the Law Amendments Committee where meetings were held on November 6, November 8, November 15 and November 16, 2012.
Bill No. 97 – Fairer Power Rates Act – Passed the Law Amendments Committee and was referred back to the Committee of the Whole House on November 15, 2012.
Bill No. 102 – Education Act (amended) - Passed second reading and was referred to the Law Amendments Committee where meetings were held on November 13 and November 14, 2012.
Bill No. 105 – Agriculture and Marketing Act (amended) - Passed the Committee of the Whole House on November 15, 2012 and is awaiting third reading.
Bill No. 107 – Debt Collection and Management Reform (2012) Act - Passed second reading and was referred to the Law Amendments Committee where meetings were held in November 13 and November 14, 2012.
Bill No. 109 – Bee Industry Act (amended) - Passed the Committee of the Whole House on November 15, 2012 and is awaiting third reading.
Bill No. 111 – Fur Industry Act (amended) - Passed second reading and was referred to the Law Amendments Committee.
Bill No. 112 – Municipal Government Act and Halifax Regional Municipality Charter (amended) - Passed the Committee of the Whole House on November 15, 2012 and is awaiting third reading.
Bill No. 114 – Interjurisdictional Support Orders Act (amended) - Passed the Committee of the Whole House on November 15, 2012 and is awaiting third reading.
Bill No. 115 - Interprovincial Investigative Authority Act (amended) – Passed the Law Amendments Committee and was referred back to the Committee of the Whole House.
Bill No. 119 – Cosmetology Act –Passed second reading and was referred to the Law Amendments Committee.
Bill No. 125 – War Amps Key Tag Act – Passed the Law Amendments Committee on November 15, 2012 and was referred back to the Committee of the Whole House.
Bill No. 127 - Art Gallery of Nova Scotia Act (amended) – Passed second reading on November 15, 2012 and was referred to the Law Amendments Committee.
Bill No. 131 - School Board Members Duties Clarification Act – Passed first reading and is awaiting debate in principal by the house.
Bill No. 133 – Inter-city Bus Service Act - – Passed first reading and is awaiting debate in principle by the House.


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: Debate adjourned on second reading.
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: Debate adjourned on second reading.
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) - Passed first reading and is awaiting debate in principle by the House.
Bill No. 95 – Reliability and Accountability in Electricity Act – Debate was adjourned on second reading.
Bill No. 96 – Public Utilities Act (amended) - Passed first reading and is awaiting debate in principle by the House.
Bill No. 98 – Nova Scotia Power Stranded Asset Disclosure Act - Passed first reading and is awaiting debate in principle by the House.
Bill No. 99 – Revenue Act (amended) - Passed first reading and is awaiting debate in principle by the House.
Bill No. 100 – Green Energy Promotion Act - Passed first reading and is awaiting debate in principle by the House.
Bill No. 101 – Public Utilities Act (amended) - Passed first reading and is awaiting debate in principle by the House.
Bill No. 103 – Accountability in Economic Development Assistance Act (amended) - Debate was adjourned on second reading.
Bill No. 104 – Increasing Immigration to Nova Scotia Act - Passed first reading and is awaiting debate in principle by the House.
Bill No. 106 – Education Act (amended) - Passed first reading and is awaiting debate in principle by the House.
Bill No. 108 – Bluenose Trust Accountability Act - Passed first reading and is awaiting debate in principle by the House.
Bill No. 110 – Supporting All Students’ Success in the Classroom Act - Passed first reading and is awaiting debate in principle by the House.
Bill No. 113 – Voluntary Retirement Savings Plans Act - Passed first reading and is awaiting debate in principle by the House.
Bill No. 116 - Environmental Ombudsman Act –Passed first reading and is awaiting debate in principle by the House.
Bill No. 118 - Offshore Safety Standards Act – Passed first reading and is awaiting debate in principle by the House.
Bill No. 120 - Education Act (amended) – Passed first reading and is awaiting debate in principle by the House.
Bill No. 121 - Review to Invest in Student Achievement Act –Passed first reading and is awaiting debate in principle by the House.
Bill No. 122 - Trade Union Act (amended) – Passed first reading and is awaiting debate in principle by the House.
Bill No. 123 - Liquor Control Act (amended) – Passed first reading and is awaiting debate in principle by the House.
Bill No. 124 - Multi-Year Funding Act – Passed first reading and is awaiting debate in principle by the House.
Bill No. 126 - Code of Ethics Act – Passed first reading and is awaiting debate in principal by the house.
Bill No. 128 - An Act to Support Students with Diabetes and Other Life-threatening Illnesses - Passed first reading and is awaiting debate in principal by the house.
Bill No. 132 - Income Tax Act (amended) - Passed first reading and is awaiting debate in principal by the house.
Bill No. 134 – Liquor Control Act (amended) - Passed first reading and is awaiting debate in principal by the house.
Bill No. 135 – Liquor Control Act (amended) - Passed first reading and is awaiting debate in principal by the house.

Status Update on Private and Local Bills

Bill No. 57 – Crosbie Memorial Trust Fund Act (amended) – Received Royal Assent on May 17, 2012.
Bill No. 83 – Annapolis Valley Apple Blossom Festival, An Act to Incorporate the (amended)– Status: Received Royal Assent on May 17, 2012.
Bill No. 90 - Nova Scotia Provincial Exhibition Commission Act (amended) – Status: Received Royal Assent on May 17, 2012.
Bill No. 117 – Anne Murray Centre, An Act to Exempt Property of the Anne Murray Centre in the Town of Springhill from Municipal Taxes – Passed first reading and is awaiting debate in principle by the House.
Bill No. 129 - Liverpool United Baptist Church Cemetery Act - Passed second reading and was referred to the Committee for Private and Local Bills.
Bill No. 130 - Convention of Atlantic Baptist Churches Act - Passed second reading and was referred to the Committee for Private and Local Bills.


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.