Omnibus Bill Introduced

Several acts were amended today as part of the Nova Scotia government's plan to update and improve the administration of justice and to streamline government operations. The omnibus Justice and Administration Reform 2000 Act, introduced by Justice Minister Michael Baker, also includes amendments intended to clarify assessments in the oil and gas industry.

There are several justice-related changes, including changes to the Family Court Act and the Provincial Court Act. A new Judicial Council to deal with judicial discipline for Family and Provincial Court judges will be created. Nova Scotia now has the option of establishing its own council or creating a joint council with the other Atlantic provinces. The council will now include laypersons, who will work with a clearly defined complaint process. That process begins with the chief judge. The complaint may be referred to a review committee and finally a hearing committee. Sanctions ranging from counselling to removal from office are laid out.

Executive Council may order that a judge be removed from office after a recommendation has been received from the Judicial Council and the Minister of Justice.

The Justices of the Peace Act is amended to allow for the appointment of full and part-time justices of the peace. The changes recognize that justices of the peace who perform judicial functions are entitled to a degree of judicial independence. It separates justices of the peace into specific categories based on the functions they perform. Cabinet will no longer be able to revoke appointments for presiding justices of the peace, who may be removed only on the recommendation of a judge after an inquiry has been held.

The Summary Proceedings Act is changed to allow for the use of telewarrants where it is not practical for a peace officer to personally appear before a justice of the peace to get a search warrant. The amendment means that an officer may submit a sworn information by phone, fax or computer. The information must outline why a personal appearance is not practical and must be filed with the clerk of the court as soon as reasonably possible and within seven days after the warrant is executed.

Amendments to the Barristers and Solicitors Act are mainly housekeeping in nature and include the following.

• The provision prohibiting lawyers seeking business is repealed.
• The number of elected members to Bar Council is reduced.
• The structure of the Liability Claims Fund is changed and the insurance program is made mandatory.
• When legal consumers have questions relating to the fairness of their legal bills, they can now appear before Small Claims Court adjudicators.

In keeping with the government restructuring process that began earlier this year, the Gaming Control, the Theaters and Amusements and Liquor Control acts are amended. The amendments permit the Utility and Review Board to license premises for the sale of liquor and to hold public hearings relating to licensing. The amendments transfer inspection duties outlined under these acts to the Department of Environment and Labour. This allows for the elimination of the Alcohol and Gaming Authority Board.

"The realignment uses our resources more effectively," said Mr. Baker.

Changes to the Assessment Act clearly define assessable property in the oil and gas industry. The amendments ensure that pipelines, gas plants, fractionation plants, petroleum industrial plants and petro-chemical plants (including all fixtures and attachments) are subject to business occupancy assessment.

"We expect the industry to pay their fair share of taxes, and these amendments simply remove any ambiguity with respect to the issue," said Mr. Baker.

The Municipal Government Act is changed to ensure that any outstanding municipal taxes is paid from the proceeds of the sale of personal property that may have been taken or repossessed.

"This bill offers some progressive and necessary changes," said Mr. Baker. "It's part of our overall commitment to making government--and the justice system--operate more effectively."