Acts Amended

Several Nova Scotia statutes are being amended in order to clarify and streamline existing legislation. The amendments were introduced today by Justice Minister Michael Baker.

Under the Justice Administration Amendment (2001) Act, unproclaimed legislation will be automatically repealed five years after receiving Royal Assent or after the latest amendment received Royal Assent. Extensions may be made by Cabinet and a one-year transition period will be in place.

The act clarifies that the judges'' salary tribunal can make recommendations regarding half- or full-day payments to per diem judges. It also repeals the Lunenburg County Court House Act, which is obsolete.

The definitions of common-law spouse in the Health and Hospitals Acts are amended to ensure clarity and consistency in provincial statutes.

The Vital Statistics Act is amended to ensure that the registration process for domestic partnerships is clear. The changes also mean a person can apply to the court to register a domestic partnership if it is refused by the Registrar of Vital Statistics. The list of statutes under which a person in a domestic partnership has rights is extended to include the Public Service Superannuation Act, the Teachers’ Pension Act, Municipal Government Act and the Wills Act. The changes also clarify the circumstances under which domestic partners have the same rights as former spouses, and what documents are required in order to terminate a domestic partnership. The amendments become effective in June of this year.

"These amendments are technical and mainly housekeeping in nature," said Mr. Baker. "They are the result of broad consultation with the legal community, whose members have put forward helpful and constructive suggestions for changes."

Justice Minister Michael Baker also outlined changes to the Summary Proceedings Act. Court costs for parking tickets will be increased from $20 to $30. As well, interest will be charged for new fines, which include court costs and victim surcharges, that are not paid within 30 days. For those with current fines, if they are not paid within 180 days of proclamation, interest will accrue.

There are also changes to the Probate Act. The changes clarify how property owned by people who die without a will is handled. There are amendments aimed at protecting people who acquire real property in good faith from the estates of deceased people. The personal representatives of estates will not be required to determine whether there are any judgments against heirs and beneficiaries. The changes also make it clear that claims against estates can not be filed after the final accounts have been settled by the court.

"Once again, the changes we are bringing forward are the result of consultation with the legal community," said Mr. Baker. "With the input we received, we’re able to further improve the legislation governing probate law."