BILL NO. 144

(as passed, with amendments)

2nd Session, 58th General Assembly
Nova Scotia
51 Elizabeth II, 2002



Government Bill



Justice Administration Amendment (Fall 2002) Act

CHAPTER 30 OF THE ACTS OF 2002



The Honourable Michael G. Baker, Q.C.
Minister of Justice



First Reading: November 1, 2002 (LINK TO BILL AS INTRODUCED)

Second Reading: November 21, 2002

Third Reading: November 28, 2002 (WITH COMMITTEE AMENDMENTS)

Royal Assent: November 28, 2002

homepage statutes by session or sitting up

An Act Respecting
the Administration of Justice

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Justice Administration Amendment (Fall 2002) Act.

PART I

DOMESTIC VIOLENCE INTERVENTION ACT

2 Subsection 11(4) of Chapter 29 of the Acts of 2001, the Domestic Violence Intervention Act, is amended by

(a) adding "and" immediately after clause (a);

(b) striking out "; and" at the end of clause (b) and substituting a period; and

(c) striking out clause (c).

PART II

FATALITY INVESTIGATIONS ACT

3 Clause 6(1)(b) of Chapter 31 of the Acts of 2001, the Fatality Investigations Act, is amended by adding "but where the investigator is not a physician, the investigator may not sign a medical certificate of death" immediately after "5" in the third line.

4 (1) Subsection 7(1) of Chapter 31 is amended by

(a) striking out "and" at the end of clause (d);

(b) striking out the period at the end of clause (e) and substituting "; and"; and

(c) adding immediately after clause (e) the following clause:

(2) Subsections 7(2) and (3) of Chapter 31 are repealed and the following subsections substituted:

5 Section 17 of Chapter 31 is amended by adding ", unless otherwise required by court order or pursuant to a search warrant," immediately after "shall" in the fourth line.

6 Section 25 of Chapter 31 is amended by

(a) adding "the Chief Medical Examiner," immediately after "with" in the first line; and

(b) adding "Chief Medical Examiner," immediately after "the" in the third line.

7 (1) Subsection 46(1) of Chapter 31 is repealed and the following subsection substituted:

(2) Clause 46(7)(d) of Chapter 31 is amended by striking out "who" in the first line.

PART III

GUARDIANSHIP ACT

8 (1) Subsection 14(1) of Chapter 8 of the Acts of 2002, the Guardianship Act, is amended by

(a) striking out the comma at the end of clause (c) and substituting a semicolon; and

(b) adding immediately after clause (c) the following clause:

(2) Subsection 14(2) of Chapter 8 is amended by

(a) striking out the comma at the end of clause (c) and substituting a semicolon; and

(b) adding immediately after clause (c) the following clause:

PART IV

INTERJURISDICTIONAL SUPPORT ORDERS ACT

9 Clause 2(d) of Chapter 9 of the Acts of 2002, the Interjurisdictional Support Orders Act, is amended by striking out "44" in the second line and in the fourth line and substituting in each case "43".

PART V

LIQUOR CONTROL ACT

10 Clause 2(aa) of Chapter 260 of the Revised Statutes, 1989, the Liquor Control Act, as relettered by Chapter 4 of the Acts of 2001, is relettered as (b).

PART VI

LOBBYISTS' REGISTRATION ACT

11 Subclause 2(1)(f)(iv) of Chapter 34 of the Acts of 2001, the Lobbyists' Registration Act, is repealed.

12 Subsection 5(6) of Chapter 34 is repealed.

13 Clause 19(1)(e) of Chapter 34 is amended by striking out "6(5)(p)" in the second line and substituting "6(4)(p)".

PART VII

MOTOR VEHICLE ACT

14 Subsection 67(5) of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, as amended by Chapter 32 of the Acts of 1998, Chapter 11 of the Acts of 1999, Chapter 44 of the Acts of 2001 and Chapter 20 of the Acts of 2002, is further amended by

(a) striking out "235 or 236" in the fifth line of clause (b) and substituting "or 235"; and

(b) striking out "249.1(1)" in the sixth line of clause (d).

PART VIII

REGULATIONS ACT

15 (1) Subsection 13(1) of Chapter 393 of the Revised Statutes, 1989, the Regulations Act, is amended by striking out "and" immediately after clause (a) and substituting "or".

(2) Subsection 13(2) of Chapter 393 is amended by adding "or a proposed regulation to which subsection (1) of Section 11 applies" immediately after "regulation" in the fifth line.

(3) Subsection 13(3) of Chapter 393 is repealed and the following subsection substituted:

PART IX

RESIDENTIAL TENANCIES ACT

16 Subsection 5(1) of Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act, as amended by Chapter 7 of the Acts of 1997, is further amended by striking out "14" in the third line and substituting "17".

17 Section 10C of Chapter 401, as enacted by Chapter 40 of the Acts of 1993, is amended by striking out "is" in the sixth line and substituting "are".

18 Subsection 15(1) of Chapter 401, as enacted by Chapter 7 of the Acts of 1997 and amended by Chapter 10 of the Acts of 2002, is further amended by striking out "relating to an application to the Director" in the first line and substituting ", except documents relating to an appeal to the Small Claims Court,".

PART X

SMOKE-FREE PLACES ACT

19 Subsection 15(1) of Chapter 12 of the Acts of 2002, the Smoke-free Places Act, is amended by

(a) striking out "7" in the second line of clause (d) and substituting "8";

(b) striking out "7" in the second line and in the fourth line of clause (e) and substituting in each case "8"; and

(c) striking out "7" in the second line of clause (f) and substituting "8".

PART XI

SUMMARY PROCEEDINGS ACT

20 (1) Subsection 2B(1) of Chapter 450 of the Revised Statutes, 1989, the Summary Proceedings Act, as enacted by Chapter 46 of the Acts of 1990, is amended by striking out "a person named therein or" in the thirteenth line.

(2) Section 2B of Chapter 450, as enacted by Chapter 46 of the Acts of 1990 and amended by Chapter 28 of the Acts of 2000, is further amended by adding immediately after subsection (1) the following subsections:

(3) Section 2B of Chapter 450, as enacted by Chapter 46 of the Acts of 1990 and amended by Chapter 28 of the Acts of 2000, is further amended by adding immediately after subsection (3) the following subsection:

(4) Subsection 2B(4) of Chapter 450 is repealed and the following subsections substituted:

(5) Subsection 2B(6) of Chapter 450 is repealed and the following subsections substituted:

(6) Subsection 2B(7) of Chapter 450 is repealed and the following subsection substituted:

(7) Subsection 2B(8) of Chapter 450, as enacted by Chapter 28 of the Acts of 2000, is amended by

(a) adding "that does not produce a writing" immediately after "telecommunication" in the second line; and

(b) adding "varied to suit the case, and" immediately preceding "noting" in the third line of clause (a).

(8) Section 2B of Chapter 450, as enacted by Chapter 46 of the Acts of 1990 and amended by Chapter 28 of the Acts of 2000, is further amended by adding immediately after subsection (8) the following subsection:

21 Section 2C of Chapter 450 is repealed and the following Section is substituted:

22 (1) Subsection 2D(2) of Chapter 450 is repealed and the following subsection substituted:

(2) Section 2D of Chapter 450, as enacted by Chapter 46 of the Acts of 1990, is further amended by adding immediately after subsection (2) the following subsections:

23 (1) Subsection 2F(2) of Chapter 450, as enacted by Chapter 46 of the Acts of 1990, is amended by

(a) striking out the first six lines and substituting "Nothing shall be detained pursuant to clause (b) of subsection (1) for a period of more than three months after the day of the seizure or for any longer period that ends when an application made under clause (a) is decided, unless"; and

(b) adding "from the date of the order" immediately after "months" in the seventh line of clause (a).

(2) Section 2F of Chapter 450, as enacted by Chapter 46 of the Acts of 1990, is further amended by adding immediately after subsection (2) the following subsections:

(3) Subsection 2F(3) of Chapter 450, as enacted by Chapter 46 of the Acts of 1990, is amended by striking out "or (2)" in the third line and substituting ", (2) or (2A)".

(4) Subsection 2F(4) of Chapter 450, as enacted by Chapter 46 of the Acts of 1990, is amended by adding "or (2A)" immediately after "(2)" in the third line.

(5) Subsection 2F(5) of Chapter 450, as enacted by Chapter 46 of the Acts of 1990, is amended by striking out "or (2)" in the second line and substituting ", (2) or (2A)".

(6) Subsection 2F(6) of Chapter 450, as enacted by Chapter 46 of the Acts of 1990, is amended by striking out "or (2)" in the fourth line and substituting ", (2) or (2A)".

(7) Subsection 2F(8) of Chapter 450, as enacted by Chapter 46 of the Acts of 1990, is amended by striking out "or (2)" in the third line and substituting ", (2) or (2A)".

(8) Section 2F of Chapter 450, as enacted by Chapter 46 of the Acts of 1990, is further amended by adding immediately after subsection (8) the following subsection:

(9) Clause 2F(10)(b) of Chapter 450, as enacted by Chapter 46 of the Acts of 1990, is amended by striking out "or (2)" in the second and third lines and substituting ", (2) or (2A)".

(10) Subsections 2F(12) and (13) of Chapter 450 are repealed and the following subsections substituted:

(11) Subsection 2F(14) of Chapter 450, as enacted by Chapter 46 of the Acts of 1990, is amended by adding ", (2A)" immediately after "(2)" in the second line.

24 Chapter 450 is further amended by adding immediately after Section 2F the following Section:

25 Section 13 of Chapter 450 is amended by

(a) striking out "the Schedule" in the third line of subsection (2) and substituting "Schedule A"; and

(b) striking out "the Schedule" in the third line of subsection (3) and substituting "Schedule A".

26 Subsection 14(2) of Chapter 450 is amended by striking out "the Schedule" in the second line and substituting "Schedule A".

27 (1) Subsection 17(1) of Chapter 450, as amended by Chapter 46 of the Acts of 1990, is further amended by striking out "the Schedule" in the first line and substituting "Schedule A".

(2) Subsection 17(2) of Chapter 450, as enacted by Chapter 46 of the Acts of 1990, is amended by striking out "the Schedule" in the second and third lines and substituting "Schedule A".

28 The heading immediately after Section 17 of Chapter 450 is amended by adding "A" immediately after "SCHEDULE".

29 Chapter 450 is further amended by adding immediately after Schedule A the following Schedule:

30 A reference in any Act of the Legislature or in any rule, order, regulation, by-law ordinance or proceeding or in any document whatsoever to the Schedule in the Summary Proceedings Act shall, as regards any subsequent transaction, matter or thing, be held and construed to be a reference to Schedule A in that Act.

homepage statutes by session or sitting up


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2002 Crown in right of Nova Scotia. Updated November 29, 2002. Send comments to legc.office@gov.ns.ca.