News release

Justice Administration Amendments Advanced

Justice

Amendments to legislation introduced today, February 20, will make targeted changes to help clarify processes for those representing others while in a position of trust, update legislation and make amendments to the Provincial Court Act.

“Our laws need to keep pace with the needs of Nova Scotians,” said Attorney General and Justice Minister Becky Druhan. “Today’s amendments will bring important legislation up to date and add additional safeguards for adults who need assistance in making important decisions.”

The Justice Administration Amendment Act addresses four pieces of legislation, which include:

  • Following a first phase of amendments in 2022, the Powers of Attorney Act will be further modernized to better clarify roles and responsibilities. Changes include allowing remote witnessing of documents, compensation for those acting as a power of attorney and flexibility to delegate authority to a financial specialist.

  • The Adult Capacity and Decision-Making Act will be amended to improve the application process for personal representatives including allowing courts to waive the current bond requirement for representatives, aligning the times for notice of application and increasing safeguards by requiring the public trustee to be added as a party to proceedings.

  • The Interpretation Act will allow for legislation to be automatically repealed if it has not been proclaimed within ten or more years.

  • The Provincial Court Act will be amended to repeal the Family Court Act to reflect that family law matters are now heard in the unified family court and to clarify the composition of judicial council and the authority of the provincial court chief judge.

Quick Facts:

  • the Interpretation Act will allow for the House of Assembly to pass a resolution to prevent the repeal of any statute; the governor-in-council will also have the authority to delay the automatic repeal for up to three years
  • the unified family court has been in place for several years; changes to the Provincial Court Act were needed to reflect this structure

Additional Resources:

Bills tabled in the legislature are available at: https://nslegislature.ca/legislative-business/bills-statutes/bills/assembly-65-session-1

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