BILL NO. 15

1st Session, 58th General Assembly
Nova Scotia
48 Elizabeth II, 1999

Government Bill

Public Prosecutions Act
(amended)

CHAPTER 16 OF THE ACTS OF 1999
(SECOND SESSION)

The Honourable Michael G. Baker
Minister of Justice

First Reading: November 4, 1999

Second Reading: November 8, 1999

Third Reading: November 16, 1999 (NO AMENDMENTS)

Royal Assent: November 23, 1999

Be it enacted by the Governor and Assembly as follows:

1 (1) Subsection 5(3) of Chapter 21 of the Acts of 1990, the Public Prosecutions Act, is amended by striking out "fifteen sitting days after the Assembly is next sitting or until" in the sixth and seventh lines.

(2) Section 5 of Chapter 21 is further amended by adding immediately after subsection (3) the following subsection:

(4) Where a vacancy occurs in the office of the Director of Public Prosecutions in a manner other than that referred to in subsection (2), the Governor in Council may appoint a person to be Acting Director of Public Prosecutions until a Director of Public Prosecutions is appointed pursuant to this Act.

2 Clause 6(e) of Chapter 21 is amended by adding "and shall cause notice of such action to be published at the direction of the Director of Public Prosecutions as soon as practicable in the Royal Gazette" immediately after "Prosecutions" in the last line.

3 Chapter 21 is further amended by adding immediately after Section 6 the following Sections:

6A The Attorney General and the Director of Public Prosecutions shall meet at least twelve times a year, on a monthly basis if possible, to discuss policy matters, including existing and contemplated major prosecutions.

6B (1) In this Section, "extraordinary prosecution" means an unexpected or unforeseen prosecution that cannot be undertaken within the budget appropriated for the public prosecution service but is of such a magnitude and importance that, in the opinion of the Director of Public Prosecutions, the prosecution should be undertaken notwithstanding the lack of financial resources.

(2) The Director of Public Prosecutions may spend in any fiscal year an amount that is not more than five per cent more than the amount appropriated for the public prosecution service for that year for the purpose of undertaking an extraordinary prosecution.

(3) The Governor in Council shall provide the additional funds referred to in subsection (2) through a supplementary appropriation.

(4) Where the Governor in Council has provided the funds referred to in subsection (3) and deems it advisable to conduct a review of the need for the additional funds, the Governor in Council may appoint a qualified person to conduct the review.