Court, Family and POA Reform

Summary#

• This bill makes a wide set of changes to Nova Scotia’s justice laws. Its goals are to modernize how powers of attorney work, change how family law cases are handled, clean up old unused laws, and update Provincial Court governance.

• Key changes include moving family law cases to the Supreme Court (Family Division), adding new safeguards and flexibility for powers of attorney, requiring the Public Trustee to be involved in adult capacity cases, creating an annual “use it or lose it” rule for very old unproclaimed laws, and revising how the Provincial Court is led and overseen.

• Family Court is abolished; future references point to the Supreme Court of Nova Scotia (Family Division). Existing family court orders stay valid.

• Powers of attorney: allow remote witnessing by approved people, ban mixing funds, set default pay and expense rules for attorneys (the person acting under the power), limit spousal attorneys after separation, and clarify liability and notice rules.

• Adult Capacity and Decision-making Act: the Public Trustee must be named in cases, documents must be by affidavit (a sworn statement), and courts can reduce or waive bonds if safeguards are in place.

• Interpretation Act: laws (or parts) that were passed 9+ years ago but never brought into force will be listed each year and usually repealed at year-end unless acted on; two oil and gas Acts are exempt.

• Provincial Court Act: allows up to two Associate Chief Judges, gives the Chief Judge clearer management powers (including suspension in urgent cases), changes the Judicial Council makeup and complaint process, and raises the minimum years as a lawyer for new judges from 5 to 10.

What it means for you#

• Families and people with family law matters

  • New family cases will go to the Supreme Court (Family Division) once this part takes effect. Check where the Family Division sits and how to file.
  • Orders made by the former Family Court remain valid.
  • Court forms, rules, and fees may differ from what you knew in Family Court.

• People making a power of attorney (POA) and their families

  • You may be able to use remote witnessing (for example, by video) if done by an authorized person and in the way set by regulation.
  • Your chosen attorney (the person you appoint) cannot mix your money or property with their own, except for pre‑existing joint assets or long‑standing patterns that began before incapacity.
  • If your spouse/partner is your attorney, their authority ends when you separate with the intent to end the relationship or when either of you starts a divorce or similar family case, unless your POA says otherwise.
  • Your attorney can hire a qualified investment professional to manage investments if the law’s conditions are met.
  • Your attorney may change or set beneficiary designations only in narrow cases (often needing court approval), and not by making a will for you.
  • Your POA is not ended just because you go bankrupt.
  • You can choose to waive or limit who must be notified when your attorney starts acting.

• People acting as an attorney under a POA

  • You may be paid a fee set by regulation (unless the POA says otherwise), and you can be reimbursed for reasonable expenses. Payment cannot come from government income support funds the donor receives.
  • You must keep records and give an accounting when your role ends and, if the donor dies, to the estate’s personal representative.
  • You have some protection if you act in good faith without knowing the POA was ended or changed. Third parties are also protected if they did not know you lacked authority.
  • You must give notice when you start acting, but one notice at the first incapacity is enough. If no close family can get notice, send it to extended relatives as listed, unless the donor excluded them.

• Adults with impaired capacity and their families

  • In court cases about capacity and decision-making, the Public Trustee must be named as a respondent (a party to the case), adding oversight.
  • Courts can lower or waive bond requirements for representatives if other safeguards protect the adult’s well‑being and finances.

• Businesses and financial institutions

  • You can generally rely on an attorney’s authority unless you know, or should know, the POA is invalid, not in effect, or forged.
  • Expect clearer notice content and standardized practices once regulations are issued.

• Lawyers and judges

  • New Provincial Court appointments require at least 10 years as a practising lawyer.
  • The Chief Judge can set directives, require continuing education, assign sittings and offices, and suspend a judge in urgent cases (with prompt referral to the Judicial Council).
  • Judicial complaints start with the Chief Judge (or the Chief Justice for complaints about the Chief/Associate Chief Judge). Some process rules and the Council’s composition and quorum are updated.

• Oil and gas sector

  • The new “sunset” rule for old unproclaimed laws does not apply to the Offshore Petroleum Resources Act and the Oil and Gas Operations (Nova Scotia) Act.

• All residents

  • Each year, the government will list old laws or sections that were passed but never brought into force; most on the list will be repealed at the end of that year unless acted on. This makes the law books clearer.

• When changes take effect

  • Family Court changes (Part II) and the Powers of Attorney changes (Part VI) start on a day set by the government (by proclamation).
  • Most other parts take effect when the bill becomes law.

Expenses#

No publicly available information.

Proponents' View#

• Moving all family cases to the Supreme Court (Family Division) creates a single, consistent system and reduces overlap between courts.
• Remote witnessing and clearer POA rules make it easier and safer to set up powers of attorney, especially for people who are homebound or live far from services.
• Stronger safeguards, like banning commingling, better protect seniors and people with disabilities. Clear pay and expense rules help attract capable attorneys and make duties more transparent.
• Naming the Public Trustee in capacity cases adds independent oversight. Letting courts adjust bond amounts tailors protection to each case.
• The annual repeal of long‑unused laws cleans up the statute book and improves transparency with a public report.
• Updating Provincial Court leadership, complaints, and qualifications strengthens accountability, professionalism, and public trust.

Opponents' View#

• Closing the Family Court may reduce local access, increase travel for rural families, and move cases to a court that can be more formal and costly.
• Raising the experience requirement for judges from 5 to 10 years could shrink the pool of candidates and slow appointments, which may affect diversity.
• Giving the Chief Judge suspension power may be seen as concentrating too much authority in one office.
• Mandatory involvement of the Public Trustee could add time and cost to capacity cases; allowing bonds to be reduced might weaken financial protection for vulnerable adults.
• Paying attorneys from a donor’s estate could reduce funds available for the donor’s care; liability protections might leave harmed donors with fewer options.
• Remote witnessing could increase the risk of fraud or undue influence if not carefully controlled.
• The automatic repeal of old unproclaimed laws could erase useful reforms by accident if they are overlooked.