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CHAPTER 9

OF THE

ACTS OF 2001

amended 2006, c. 41

NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

An Act to Establish
the Order of Nova Scotia

Short title

รวมเกมส์ 1 This Act may be cited as the Order of Nova Scotia Act. 2001, c. 9, s. 1.

Interpretation

2 In this Act,

(a) "Advisory Council" means the Order of Nova Scotia Advisory Council;

(b) "Chancellor" means the Chancellor of the Order;

(c) "Order" means the Order of Nova Scotia;

(d) "Secretary" means the Secretary of the Order. 2001, c. 9, s. 2.

Supervision and management of Act

3 The Minister of Tourism and Culture has the general supervision and management of this Act. 2001, c. 9, s. 3.

Establishment of Order

4 The Order of Nova Scotia is hereby established. 2001, c. 9, s. 4.

Object of Order

5 The object of the Order is to honour individual Nova Scotians who have distinguished themselves by an outstanding contribution to the cultural life or to the social or economic well-being of the Province, by an outstanding achievement or by excelling in any field of endeavour to the benefit of the people of the Province or elsewhere. 2001, c. 9, s. 5.

Chancellor

6 The Lieutenant Governor is the Chancellor of the Order. 2001, c. 9, s. 6.

Composition of Order

7 The Order consists of the Chancellor and the individuals who become members of the Order pursuant to this Act. 2001, c. 9, s. 7.

Advisory Council

8 (1) There shall be an Order of Nova Scotia Advisory Council consisting of

(a) a Chair, appointed by the President of the Executive Council;

รวมเกมส์ (b) the Chief Justice of Nova Scotia or a judge of the Nova Scotia Court of Appeal or the Supreme Court of Nova Scotia designated by the Chief Justice of Nova Scotia;

(c) the Clerk of the Executive Council;

(d) the president of a university in the Province, appointed by the President of the Executive Council;

(e) one member of the Order, appointed by the President of the Executive Council;

(f) one other person appointed by the President of the Executive Council;

(g) one person appointed by the Leader of the Opposition in the House of Assembly; and

(h) one person appointed by each leader of a recognized party in the House of Assembly, other than the leaders referred to in clauses (f) and (g).

(2) Every member of the Advisory Council must be a resident of the Province.

(3) Subject to the regulations,

(a) a person appointed pursuant to clause (1)(a), (f), (g) or (h) holds office for a term of three years and may be re-appointed once; and

(b) a person appointed pursuant to clause (1)(d) or (e) holds office for a term of three years and may not be re-appointed to succeed himself or herself.

(4) Where there is no person eligible or willing to be appointed pursuant to clause (1)(e), an additional person may be appointed pursuant to clause (1)(f). 2001, c. 9, s. 8.

Effect of vacancy

9 A vacancy on the Advisory Council does not impair the right of the remaining members to act. 2001, c. 9, s. 9.

Entitlement to expenses

10 The Chair and other members of the Advisory Council are not entitled to any remuneration but shall be reimbursed for reasonable expenses necessarily incurred in the performance of their duties. 2001, c. 9, s. 10.

Duties of Advisory Council

11 The Advisory Council shall

(a) meet at least annually;

(b) consider nominations for membership in the Order;

(c) submit to the President of the Executive Council lists of nominees who, in the opinion of the Advisory Council, are worthy of membership in the Order; and

(d) advise the President of the Executive Council on any other matter respecting the Order that the President of the Executive Council may refer to the Advisory Council. 2001, c. 9, s. 11.

Procedures

12 The Advisory Council may determine the procedures for the conduct of its business. 2001, c. 9, s. 12.

Secretary of Advisory Council

13 (1) The President of the Executive Council may designate a person in the public service as the Secretary of the Advisory Council.

(2) The Secretary shall

(a) maintain the records of the Order and the Advisory Council;

(b) receive nominations for membership in the Order;

(c) arrange for investitures; and

(d) perform any other functions with respect to the Order that the Advisory Council may require. 2001, c. 9, s. 13.

Eligibility for membership

14 (1) Subject to subsections (2) and (3), Canadian citizens who are current or former long-term residents of the Province are eligible to become members of the Order.

(2) No member of the Senate, the House of Commons, the House of Assembly or a municipal council or judge of any court in Canada is eligible to become a member of the Order while holding that office.

(3) A person may be invested as a member of the order posthumously if the person is nominated within one year of the date of that person's death. 2001, c. 9, s. 14.

Life members

15 (1) The Chancellor is a member of the Order for life.

(2) Every former Lieutenant Governor living on the coming into force of this Act is a member of the Order for life. 2001, c. 9, s. 15.

Nominations for membership

16 (1) Individuals and organizations may nominate individuals to become members of the Order.

(2) For greater certainty, members of the Advisory Council may nominate individuals to become members of the Order.

(3) Nominations shall be submitted to the Secretary.

(4) Subject to subsection (4A), each year the Advisory Council shall select, from the nominations submitted to it, up to six candidates for membership in the Order and submit their names to the President of the Executive Council for approval.

(4A) In any year in which the Advisory Council selects six candidates, one of the candidates must be a person under the age of twenty-six years who is selected for having distinguished himself or herself as set forth in Section 5 while being at least the age of sixteen years and under the age of twenty-five years.

(4B) Nothing in subsection (4A) precludes the selection of a person described in subsection (4A) if fewer than six candidates are selected.

(5) Notwithstanding subsection (4), the Advisory Council may select up to ten candidates in the first year. 2001, c. 9, s. 16; 2006, c. 41, s. 1.

Recommendations for investiture

17 Each year the President of the Executive Council may recommend to the Chancellor the candidates selected by the Advisory Council and approved by the President of the Executive Council for investiture as a member of the Order. 2001, c. 9, s. 17.

Investiture

18 The Chancellor shall invest as a member of the Order each person recommended by the President of the Executive Council pursuant to this Act. 2001, c. 9, s. 18.

Effect of investiture

19 Subject to this Act, upon being invested with the Order, a person is a member of the Order for life. 2001, c. 9, s. 19.

Precedence over other honours

20 The Order is the highest honour of the Province and takes precedence over any other honour conferred by the Her Majesty in right of the Province. 2001, c. 9, s. 20.

Rights of members

21 A member of the Order is entitled to

รวมเกมส์ (a) wear the insignia of the Order as a decoration; and

(b) use the initials "O. N. S." after the member's name. 2001, c. 9, s. 21.

Termination of membership

22 (1) A member may resign from the Order by giving written notice of intention to resign, signed by the member, to the Secretary.

(2) The Chancellor may terminate a person's membership in the Order

(a) on the recommendation of the Advisory Council; and

(b) with the approval of the President of the Executive Council.

(3) Where a person ceases to be a member of the Order pursuant to this Section, that person shall immediately return to the Secretary any documentation of membership in the Order and the insignia of the Order that were presented to that person on that person's investiture as a member of the Order. 2001, c. 9, s. 22.

Prohibition

23 (1) No person who is not a member of the Order shall

(a) hold himself or herself out as a member of the Order;

(b) display or use any insignia of the Order to indicate membership in the Order; or

(c) use the initials "O. N. S." after that person's name to indicate membership in the Order.

(2) Any person who contravenes this Section is guilty of an offence and is liable on summary conviction to a fine of not more than two thousand dollars. 2001, c. 9, s. 23.

Regulations

24 (1) The Governor in Council may make regulations

(a) prescribing the terms of office of members of the Advisory Council;

(b) respecting nominations for membership in the Order for consideration by the Advisory Council;

(c) respecting documentation of membership in the Order;

(d) prescribing the insignia of the Order and governing their use and display;

(e) defining any word or expression used but not defined in this Act;

(f) respecting any other matter necessary or advisable to carry out the intent and purpose of this Act.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act. 2001, c. 9, s. 24.

Source of funding

25 The moneys required for the purpose of this Act shall be paid out of the Consolidated Fund of the Province. 2001, c. 9, s. 25.

Proclamation

26 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. 2001, c. 9, s. 26.

Proclaimed - August 2, 2001
In force - August 2, 2001

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