Law Reform Commission Act

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Published: 2016-01-05

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Law Reform Commission Act


An Act to Establish an

Independent Law Reform Commission

Short title
1 This Act may be cited as the Law Reform Commission Act. 1990,c. 17, s. 1.

2 In this Act, "Commission" means the Law Reform Commission ofNova Scotia. 1990, c. 17, s. 2.

Law Reform Commission of Nova Scotia
3 There is hereby established a body corporate to be known as theLaw Reform Commission of Nova Scotia. 1990, c. 17, s. 3.

Object of Commission
4 The object of the Commission is to review the law of the Provinceand any matter relating to law in the Province and to makerecommendations for improvement, modernization and reform including,without limiting the generality of the foregoing, recommendations for

(a) development of new approaches to, and new concepts of, lawthat serve the changing needs of society and of individual membersof society;

(b) clarification and simplification of the law;

(c) removal of provisions of the law that are outdated;

(d) improvement of the administration of justice;

(e) review of judicial and quasi-judicial procedures. 1990, c. 17,s. 4.

Composition of Commission
5 (1) The Commission shall be composed of not fewer than fivenor more than seven commissioners who may be appointed, either on afull-time basis or a part-time basis, as follows:

(a) two members of the Nova Scotia Barristers Societyappointed by the Council of the Society;

(b) a judge of a court of the Province, appointed by theGovernor in Council after consultation with the Chief Justice ofNova Scotia and the chief judge of the court of which the judge isa member;

(c) a full-time member of the Faculty of Law of DalhousieUniversity appointed by the Governor in Council after consultationwith the Dean of the Faculty;

(d) a person who is not a graduate in law appointed by theGovernor in Council;

(e) where the Governor in Council determines that theCommission is to be composed of more than five commissioners,one or two persons appointed by the Governor in Council.

Term of office of commissioner
(2) Each commissioner holds office for a term of three years, exceptthat one of the first commissioners appointed by the Council of the NovaScotia Barristers Society and one of the first commissioners appointedby the Governor in Council shall be appointed for a term of two years.

Ceasing to be a commissioner
(3) A person ceases to be a commissioner where

(a) that person fails to attend three consecutive regular meetingsof the Commission, except where the Commission by resolutionexcuses the absences; or

(b) the composition of the Commission ceases to comply withthis Act as a result of the person ceasing to be a person describedin clause (a), (b), (c) or (d) of subsection (1).

Casual vacancies
(4) Where a person ceases to be a commissioner for any reason otherthan the expiration of that persons term of office, the Governor inCouncil or the Council of the Nova Scotia Barristers Society, as the casemay be, shall appoint a person for the unexpired portion of the term.

Re-appointment of commissioner
(5) A commissioner whose term of office has expired may be re-appointed.

Expiry of term of office
(6) A commissioner whose term of office expires continues to holdoffice until a successor is appointed.

(7) A vacancy in the membership of the Commission does not impairthe ability of the remaining members to act. 1990, c. 17, s. 5.

President of Commission
6 The commissioners shall appoint one of the members of theCommission to be the President of the Commission. 1990, c. 17, s. 6.

Remuneration and expenses
7 The President and other members of the Commission may be paidsuch remuneration and shall be paid such travelling and living expensesas may be determined by the Governor in Council. 1990, c. 17, s. 7.

Powers of Commission
8 (1) The Commission may

(a) receive and consider any proposals for the reform of the lawthat may be made to it by any person;

(b) initiate, carry out and direct such studies and research as arenecessary to properly carry out its object;

(c) publish papers, studies or other documents prepared by orfor the Commission;

(d) co-operate or enter into agreements with any organizationthat undertakes projects relating to the object of the Commissionwithin or outside the Province;

(e) with the concurrence of the Attorney General and to theextent that the Commission is able to do so without, in its opinion,impairing its ability to carry out its object or duties, provideinformation, research material and study results and makerecommendations to departments, boards and agencies of theGovernment of the Province concerned with the improvement,modernization or reform of laws;

(f) regulate its proceedings and provide generally for theconduct and management of its affairs;

(g) do such things and take such measures as the Commissionconsiders advisable for the achievement of its object, including themaking of by-laws.

Duties and further powers of Commission
(2) The Commission

(a) may make use of technical and other information, advice andassistance from departments, boards and agencies of theGovernment of the Province;

(b) shall undertake, at the request of the Attorney General, in amanner as determined by the Commission, the examination ofparticular laws or branches of the law and make recommendationsfor their improvement, modernization and reform. 1990, c. 17, s. 8.

Meetings of Commission
9 The Commission shall meet at least four times in each year. 1990,c. 17, s. 9.

10 (1) An Executive Director and such persons as are required forthe administration of this Act and the regulations shall be appointed bythe Commission, in accordance with the Civil Service Act.

Function of Executive Director
(2) The Executive Director has the management, direction, control andadministration of the day-to-day operations of the Commission.

(3) Notwithstanding subsection (1), the Commission may engage, uponsuch terms and conditions as the Commission deems fit, the services ofsuch professional persons, technical persons and experts to advise theCommission as the Commission deems necessary for the carrying out ofits object. 1990, c. 17, s. 10.

Appropriation of money
11 (1) Money appropriated by the Legislature for the purpose ofthis Act shall be paid out by the Attorney General.

Law Reform Commission Fund
(2) The Commission shall maintain an account to be under the controland management of the Commission, to be known as the Law ReformCommission Fund, into which the Attorney General may pay from timeto time any sum of money appropriated and into which may be paid anysum of money contributed as a grant or gift by any person, organizationor body.

Use of money in Fund
(3) Except where a stipulation or condition is expressed in relation toa sum of money paid into the Law Reform Commission Fund, the moneyin the Fund may be used by the Commission for the purpose of this Act. 1990, c. 17, s. 11.

Annual report to Attorney General
12 (1) The Commission shall report from time to time to theAttorney General and shall make an annual report to the AttorneyGeneral on the activities of the Commission.

Tabling of annual report
(2) The Attorney General shall table the annual report of the Commission in the Assembly, if the Assembly is then sitting and, if theAssembly is not sitting, within fifteen days of its next sitting.

Other report
(3) Where the Commission reviews, considers or inquires into amatter, the Commission shall make a report to the Attorney General withrespect to that matter at the conclusion of its deliberations.

Publication of report
(4) The Commission may publish a report made pursuant to thisSection. 1990, c. 17, s. 12.

13 Chapter 251 of the Revised Statutes, 1989, the Law Reform Act, isrepealed. 1990, c. 17, s. 13.

14 This Act comes into force on and not before such day as theGovernor in Council orders and declares by proclamation. 1990, c. 17,s. 14.

Proclaimed - January 22, 1991
In force - February 1, 1991