BILL NO. 148

(as passed)

1st Session, 59th General Assembly
Nova Scotia
54 Elizabeth II, 2005

Government Bill

Justice Administration Amendment (2005) Act

CHAPTER 8 OF THE ACTS OF 2005

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

First Reading: April 18, 2005 (LINK TO BILL AS INTRODUCED)

Second Reading: April 22, 2005

Third Reading: May 16, 2005

Royal Assent: May 19, 2005

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Justice Administration Amendment (2005) Act.

2 Chapter 1 of the Revised Statutes, 1989, the Accountant General of the Supreme Court Act, is repealed.

3 Subsection 13(8) of Chapter 277 of the Revised Statutes, 1989, the Builders' Lien Act, is amended by striking out "fifty" in the second line and substituting "sixty-five".

4 (1) Subsection 26(1) of Chapter 277, as amended by Chapter 14 of the Acts of 2004, is further amended by striking out "office" in the last three lines and substituting "of deeds".

(2) Section 26 is further amended by adding immediately after subsection (1) the following subsection:

(1A) Where the certificate referred to in subsection (1) relates to land that is a parcel registered pursuant to the Land Registration Act, the form of the certificate to be registered is the certificate of lis pendens prescribed under that Act.

(3) Subsection 26(2) of Chapter 277 is amended by striking out "subsection (1)" in the last line and substituting "this Section".

5 Section 27 of Chapter 277, as amended by Chapter 14 of the Acts of 2004, is further amended by striking out "subsection (1) of" in the last line.

6 Chapter 97 of the Revised Statutes, 1989, the Conveyancing Act, is amended by adding immediately after Section 12 the following Section:

12A (1) Where the Land Registration Act applies, electronic submission of information and documents in accordance with regulations prescribed by the Minister of Service Nova Scotia and Municipal Relations has the same effect as registration or recording of the documents in original form that are represented by the electronically submitted information, without the necessity of registering or recording the documents themselves.

(2) The Minister of Service Nova Scotia and Municipal Relations may make regulations for the purpose of subsection (1).

(3) The exercise by the Minister of Service Nova Scotia and Municipal Relations of the authority contained in subsection (2) is regulations within the meaning of the Regulations Act.

7 Section 2 of Chapter 23 of the Acts of 1996, the Court and Administrative Reform Act, as amended by Chapter 31 of the Acts of 2001, is further amended by adding immediately after clause (a) the following clause:

(aa) the Governor in Council may, by regulation, assign to a member of the Executive Council the authority to issue a certificate under Section 37 of the Crown Lands Act;

3A Notwithstanding clause 2(aa), a member of the Executive Council may only exercise the authority referred to in that clause where the Governor in Council has, by regulation, established policies and procedures for the issuance of the certificate referred to in that clause.

9 Section 292 of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, as enacted by Chapter 10 of the Acts of 2002, is amended by

(a) adding ", 149" immediately after "148" in the fourth line; and

(b) adding ", 177" immediately after "172" in the sixth line.

10 Section 293 of Chapter 293, as enacted by Chapter 10 of the Acts of 2002, is amended by striking out "61" in the second line and substituting "62".

11 Section 294 of Chapter 293, as enacted by Chapter 10 of the Acts of 2002, is amended by

(a) striking out "19" in the second line and substituting "20";

(b) striking out "or 70" in the second line and substituting "70, 70A or 70B";

(c) striking out "subsection (4) of Section 103, Section 106A," in the third and fourth lines and substituting "clause (a) of Section 106A, Section"; and

(d) adding ", 258" immediately after "242" in the eighth line.

12 Section 295 of Chapter 293, as enacted by Chapter 10 of the Acts of 2002, is amended by

(a) striking out "56," in the second line;

(b) adding "or (4)" immediately after "(1)" in the fourth line; and

(c) striking out "Section 106B," in the fourth line and substituting "clause (b) of Section 106A, Section".

13 Section 297 of Chapter 293, as enacted by Chapter 10 of the Acts of 2002 and amended by Chapter 42 of the Acts of 2004, is further amended by

(a) striking out "Section 106C," in the third line and substituting "clause (c) of Section 106A, Section"; and

(b) striking out "or 125A" in the fourth line and substituting ", 125A or 131".

14 Section 298 of Chapter 293, as enacted by Chapter 10 of the Acts of 2002, is amended by adding ", 56" immediately after "53" in the second line.

15 Section 299A of Chapter 293, as enacted by Chapter 10 of the Acts of 2002, is amended by striking out "or 51" in the second line and substituting ", 51 or 287".

16 Chapter 312 of the Revised Statutes, 1989, the Notaries and Commissioners Act, is amended by adding immediately after Section 13 the following Section:

13A Every chief officer of a municipal police department, every commissioned officer of the Royal Canadian Mounted Police being on active service and every non-commissioned officer of the Royal Canadian Mounted Police who is the head of a detachment being on active service in the Province is, by virtue of that person's office and without appointment by the Governor in Council, authorized to administer oaths and take and receive affidavits, declarations and affirmations within or without the Province for use within the Province.

17 Clause 2(2)(a) of Chapter 338 of the Revised Statutes, 1989, the Payment into Court Act, is amended by striking out "in his name" in the first line.

18 Chapter 338 is further amended by adding immediately after Section 4 the following Section:

5 Notwithstanding any Act of the Legislature or any order or rule of any court, whenever money has been paid into court and has remained in court for a period of five years, the money, with accrued interest, must be paid to the Minister of Finance and may be used for the purposes of the Province, except that the Minister of Finance shall account for the money and pay out the money as if it were held by the court.

19 Section 9 of Chapter 379 of the Revised Statutes, 1989, the Public Trustee Act, is repealed and the following Section substituted:

9 (1) The Attorney General may, by order, appoint a public trustee, official guardian or other public official responsible for managing, handling, administering or caring for the estate of a person residing in another province to be the guardian of that person's estate in the Province.

(2) A person appointed pursuant to subsection (1) has the same rights, powers, privileges, immunities, duties, obligations and functions in respect of the estate as the Public Trustee would have if the Public Trustee were responsible for managing, handling, administering or caring for the estate.

(3) The Incompetent Persons Act applies mutatis mutandis to an appointment made pursuant to subsection (1), except to the extent that that Act is varied by this Act.

20 Subsection 8(1) of Chapter 430 of the Revised Statutes, 1989, the Small Claims Court Act, is amended by adding "or classes of persons" immediately after "persons" in the second line.

21 (1) This Act, except Sections 7 and 8, comes into force on such day as the Governor in Council orders and declares by proclamation.

(2) Sections 7 and 8 have effect on and after December 20, 1996, upon the Governor in Council so ordering by proclamation.