December 18, 2012

Nova Scotia Legislative Report - Fall Sitting Dec 6, 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 and adjourned on Thursday, December 6, 2012. 29 Government Bills, 33 Private Members Bills and 6 Private Bills have been introduced during this sitting of the House of Assembly.

Below is a summary of those Bills introduced between December 3 and December 6, 2012, and a final update of the status of all bills introduced during the 4th session of the 61st General Assembly.

GOVERNMENT BILLS

Bill No. 159 – Missing Persons Act - Hon. Ross Landry
This Bill will provide police with the ability to apply to a justice for a search order, or record access order while conducting a missing person’s investigation. A search order would be granted where the missing person who is a minor or vulnerable individual, is reasonably believed to be in a dwelling, and may authorize entry into that dwelling to search for the missing person. A justice would grant a record-access request, and order production of the records, where it may assist the police in locating the missing person.
Status: Received Royal Assent by December 6, 2012.

Bill No. 160 – Halifax Regional Municipality Charter (amended) - Hon. John MacDonell
This Bill would amend the HRM Charter to allow incentive or bonus zoning agreements in the central area of HRM on both sides of the Halifax Harbour. The Bill would also provide authority to the Minister to create regulations regarding public consultation prior to site-plan approvals in the Central region of HRM. In addition the Bill would authorize the Municipality to accept money in lieu of contributions for incentive or bonus zoning in the Central area.
Status: Passed first reading on December 5, 2012 and is awaiting debate in principle by the House.

PRIVATE MEMBER’S BILLS

None.

PRIVATE AND LOCAL BILLS

Bill No. 161 – Natural Resources Accountability Act – Michele Raymond (NDP)
This Bill provides that where an enactment requires a permit for the alteration of a natural resource, that a copy of the permit be made available for public inspection during the alteration. The Minister of Natural Resources would be required to establish a website where the permit holder may post a copy of the permit.
Status: Passed first reading on December 6, 2012, and is awaiting debate in principle by the House.

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 – Received Royal Assent December 6, 2012.
Bill No. 97 – Fairer Power Rates Act – Received Royal Assent December 6, 2012.
Bill No. 102 – Education Act (amended) - Received Royal Assent December 6, 2012.
Bill No. 105 – Agriculture and Marketing Act (amended) - Received Royal Assent December 6, 2012.
Bill No. 107 – Debt Collection and Management Reform (2012) Act - Received Royal Assent December 6, 2012.
Bill No. 109 – Bee Industry Act (amended) - Received Royal Assent December 6, 2012.
Bill No. 111 – Fur Industry Act (amended) - Received Royal Assent December 6, 2012.
Bill No. 112 – Municipal Government Act and Halifax Regional Municipality Charter (amended) - Received Royal Assent December 6, 2012.
Bill No. 114 – Interjurisdictional Support Orders Act (amended) - Received Royal Assent December 6, 2012.
Bill No. 115 - Interprovincial Investigative Authority Act (amended) – Received Royal Assent December 6, 2012.
Bill No. 119 – Cosmetology Act – Received Royal Assent December 6, 2012.
Bill No. 125 – War Amps Key Tag Act – Received Royal Assent December 6, 2012.
Bill No. 127 - Art Gallery of Nova Scotia Act (amended) – Received Royal Assent December 6, 2012.
Bill No. 131 - School Board Members Duties Clarification Act – Received Royal Assent December 6, 2012.
Bill No. 133 – Inter-city Bus Service Act – Received Royal Assent December 6, 2012.
Bill No. 136 - Green Economy Act – Received Royal Assent December 6, 2012.
Bill No. 140 - Transgendered Persons Protection Act– Received Royal Assent December 6, 2012.
Bill No. 143 - Importation of Wine for Personal Use Act – Received Royal Assent December 6, 2012.
Bill No. 144 - Insured Health Services Act – Received Royal Assent December 6, 2012.
Bill No. 147 - Regulated Health Professions Network Act – Received Royal Assent December 6, 2012.
Bill No. 150 – Residential Tenancies Act (Amended) – Received Royal Assent December 6, 2012.
Bill No. 151 - Workers' Compensation Act (amended) – Received Royal Assent December 6, 2012.
Bill No. 153 - Community Interest Companies Act - Received Royal Assent December 6, 2012.
Bill No. 155 - Richmond–NewPage Port Hawkesbury Tax Agreement Act (amended) – Received Royal Assent December 6, 2012.
Bill No. 156 - Halifax Regional Water Commission Act (amended) - Received Royal Assent December 6, 2012.
Bill No. 157 - Halifax Regional Municipality Charter (amended)- Received Royal Assent December 6, 2012.
Bill No. 158 - Film Nova Scotia Act (amended) – Received Royal Assent December 6, 2012.
Bill No. 159 – Missing Persons Act – Received Royal Assent December 6, 2012.
Bill No. 160 – Halifax Regional Municipality Charter (amended) – 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 principle 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 principle by the House.
Bill No. 132 - Income Tax Act (amended) - Passed first reading and is awaiting debate in principle by the House.
Bill No. 134 – Liquor Control Act (amended) - Passed first reading and is awaiting debate in principle by the House.
Bill No. 135 – Liquor Control Act (amended) - Passed first reading and is awaiting debate in principle by the House.
Bill No. 137 - Public Highways Act (amended) – Passed first reading and is awaiting debate in principle by the House.
Bill No. 138 - Motor Vehicle Act (amended) – Passed first reading and is awaiting debate in principle by the House.
Bill No. 141 - Housing Development Corporation Act (amended) – Passed first and is awaiting debate in principle by the House.
Bill No. 142 - Housing Development Corporation Act (amended) – Passed first reading and is awaiting debate in principle by the House.
Bill No. 145 - Residential Tenancies Act (Amended) – Passed first reading and is awaiting debate in principle by the House.
Bill No. 148 - Trade Union Act (amended) – Passed first reading and is awaiting debate in principle by the House.
Bill No. 149 - Public Service Act (amended) – Passed first reading and is awaiting debate in principle by the House.
Bill No. 152 – Legislative Internship Act - Passed first reading on November 27, 2012 and is awaiting debate in principle by the House.
Bill No. 154 - Education Act (amended) – Passed first reading on November 28, 2012 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) – 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 – Received Royal Assent December 6, 2012.
Bill No. 129 - Liverpool United Baptist Church Cemetery Act - Received Royal Assent December 6, 2012.
Bill No. 130 - Convention of Atlantic Baptist Churches Act - Received Royal Assent December 6, 2012.
Bill No. 139 - Sisters of Saint Martha, An Act to Amend and Consolidate the Acts Respecting the (amended) – Received Royal Assent December 6, 2012.
Bill No. 146 - East Hants Curling Arena Act – Received Royal Assent December 6, 2012.
Bill No. 161 – Natural Resources Accountability Act – Passed first reading on December 6, 2012, 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 (902) 491-4107 or coxandpalmer.com
 


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.