The amendments, which were introduced and announced Feb. 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.”
The Justice Administration Amendment Act will do four things:
- Further modernize Nova Scotia’s Powers of Attorney Act to “better clarify roles and responsibilities,” allow for the remote witnessing of documents, recognize compensation for a holder of power of attorney and provide “flexibility to delegate authority to a financial specialist.”
- Amend the Adult Capacity and Decision-Making Act to “improve the application process for personal representatives,” align the “times for notice of application” and “increase safeguards” by having the public trustee added as a “party to proceedings.”
- Amend the province’s Provincial Court Act “to reflect that family law matters are now heard in the unified family court (UFC).” The release notes that while the UFC has been in place for several years, the change is needed to “reflect this structure.” Changes to the Act will also clarify the make-up of the judicial council and “the authority of the provincial court judge.”
- Change the Interpretation Act to allow for legislation to be automatically repealed if it has not been proclaimed within 10 or more years. The release notes that the Act will allow for the House of Assembly to pass a resolution “to prevent the repeal of any statute. And the province’s governor-in-council will have the ability to delay the automatic repeal for up to three years.
“Today’s amendments will bring important legislation up to date and add additional safeguards for adults who need assistance in making important decisions,” said Druhan in a statement.
If you have any information, story ideas or news tips for Law360 Canada, please contact Terry Davidson at t.davidson@lexisnexis.ca or 905-415-5899.