Dalhousie University–Nova Scotia Agricultural College Merger Act

Dalhousie University–Nova Scotia

Agricultural College Merger Act

CHAPTER 3 OF THE ACTS OF 2012

Published by Authority of the Speaker of the House of Assembly

Halifax

This page is intentionally blank.

SEPTEMBER 1, 2012

CHAPTER 3 OF THE ACTS OF 2012

An Act Respecting the Merger

of the Nova Scotia Agricultural College

with Dalhousie University

Table of Contents

(The table of contents is not part of the statute)

Section

Short title........................................................................................................................................... 1

Interpretation ..................................................................................................................................... 2

Purpose.............................................................................................................................................. 3

Agreement......................................................................................................................................... 4

Merged university ............................................................................................................................. 5

Lease of dairy quota.......................................................................................................................... 6

Application of Dairy Industry Act and regulations to Province ....................................................... 7

Merged university deemed licence holder ........................................................................................ 8

Transfer or disclosure of personal information ................................................................................. 9

No waiver of privilege or immunity ................................................................................................. 10

Assignment of rights and obligations under agreements .................................................................. 11

Transfer of designated employees..................................................................................................... 12

Collective agreements bind merged university ................................................................................. 13

Public Service Superannuation Plan ................................................................................................. 14

Merged university is successor employer .........................................................................................15

Nova Scotia Agricultural College Foundation dissolved.................................................................. 16

Effect of reference............................................................................................................................. 17

Application of Finance Act limited................................................................................................... 18

Regulations........................................................................................................................................ 19

Agriculture and Marketing Act amended.......................................................................................... 20

Freedom of Information and Protection of Privacy Act amended .................................................... 21

Nova Scotia Agricultural College Act repealed................................................................................ 22

Effective date .................................................................................................................................... 23

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Short title

1 This Act may be cited as the Dalhousie University–Nova Scotia

Agricultural College Merger Act.

2012, c. 3, s. 1.

Interpretation

2 In this Act,

(a) “Agreement” means the agreement between the Minister and

Dalhousie made pursuant to Section 4;

(b) “College” means the Nova Scotia Agricultural College situ-

ated at Bible Hill, in the County of Colchester, and established by the Agri-

culture and Marketing Act;

and politic pursuant to the Dalhousie–Technical University Amalgamation

Act;

2 dalhousie university–ns agricultural college merger 2012, c. 3

SEPTEMBER 1, 2012

(d) “designated employee” means a person who

(i) was an employee in the public service of the Province

working at or providing services to the Department of Agriculture

immediately before the coming into force of this Act,

(ii) was appointed in accordance with the Civil Service

Act, and

(iii) is designated by the Minister to become an employee

of the merged university;

(e) “merged university” means Dalhousie and the College as

merged and continued by this Act;

(f) “merger date” means the date fixed by the regulations for the

merger of the College with Dalhousie pursuant to this Act;

(g) “Minister” means the Minister of Agriculture, and includes

the Minister of Agriculture acting on behalf of Her Majesty in right of the

Province;

(h) “non-saleable adjustment quota” has the same meaning as in

the Total Production Quota Regulations made pursuant to the Dairy Industry

Act;

(i) “personal information” has the same meaning as in the Free-

dom of Information Protection of Privacy Act;

(j) “Quota” means non-saleable adjustment quota and total pro-

duction quota held by Her Majesty in right of the Province;

(k) “total production quota” has the same meaning as in the Total

Production Quota Regulations made pursuant to the Dairy Industry Act.

2012, c. 3, s. 2.

Purpose

3 The purpose of this Act is to provide for and facilitate the merger of

the College with Dalhousie.

2012, c. 3, s. 3.

Agreement

4 For the purpose of this Act, the Minister may, before or after the com-

ing into force of this Act, enter into an agreement with Dalhousie.

2012, c. 3, s. 4.

Merged university

5(1)Effective the merger date and in accordance with this Act and

the Agreement, the College is merged with Dalhousie, which is continued as a body

corporate and politic under a single board of governors and having the name Dal-

housie University.

(2) Every Act of the Legislature respecting Dalhousie, including,

without limiting the generality of the foregoing, Chapter 24 of the Acts of 1863, An

Act for the regulation and support of Dalhousie College, continues to apply to the

merged university.

(3) For greater certainty,

2012, c. 3 dalhousie university–ns agricultural college merger 3

SEPTEMBER 1, 2012

(a) the merged university is not

(i) an agent of Her Majesty in right of the Prov-

ince,

(ii) a crown corporation within the meaning of the

Finance Act, or

(iii) a department within the meaning of the Finance

Act; and

(b) a person employed or engaged by the merged univer-

sity is not an officer, servant or agent of Her Majesty in right of the

Province.

(4) The Minister may make an order to effect or confirm the

transfer of any funds, assets or liabilities from Her Majesty in right of the Province

to Dalhousie pursuant to the Agreement.

2012, c. 3, s. 5.

Lease of dairy quota

6(1)Notwithstanding the Dairy Industry Act and the regulations

made pursuant to that Act, the Minister and Dalhousie may enter into an agreement

to lease the Quota to the merged university.

(2) The lease agreement entered into pursuant to subsection (1) is

not

(a) subject to the Total Production Quota Regulations; or

(b) for greater certainty, a TPQ lease within the meaning

of the Total Production Quota Regulations.

(3) Subject to the lease agreement entered into pursuant to sub-

section (1), the Quota leased by the merged university under the lease agreement is

deemed to have been allotted to the merged university in accordance with the Dairy

Industry Act and the regulations made pursuant to that Act.

(4) The merged university has the same rights, privileges and

obligations as a holder of the non-saleable adjustment quota and total production

quota as the College would have had if the College had remained in existence and

the lease agreement entered into pursuant to subsection (1) had not been executed.

2012, c. 3, s. 6.

Application of Dairy Industry Act and regulations to Province

7(1)Section 7 of the Dairy Industry Act and Section 7 of the Tota l

Production Quota Regulations do not apply to Her Majesty in right of the Province.

(2) Her Majesty in right of the Province is deemed to meet all of

the criteria specified in subsection 4(1) of the Total Production Quota Regulations.

2012, c. 3, s. 7.

Merged university deemed licence holder

8 The merged university is deemed to hold a licence issued by a licens-

ing authority for the purpose of the Dairy Industry Act.

2012, c. 3, s. 8.

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Transfer or disclosure of personal information

9(1)The Minister may, before or after the coming into force of this

Act, transfer or disclose personal information to Dalhousie or the merged university

for the purpose of this Act.

(2) Where the Minister transfers or discloses personal information

to Dalhousie or the merged university, the Minister may impose such conditions on

the transfer or disclosure as the Minister considers appropriate, including, without

limiting the generality of the foregoing, conditions respecting non-disclosure to

third parties.

(3) Dalhousie and the merged university shall comply with any

conditions imposed pursuant to subsection (2) unless the permission of the Minister

is obtained, regardless of whether the transfer or disclosure occurs before or after

the coming into force of this Act.

(4) No person has or may maintain any cause of action or claim

against Her Majesty in right of the Province, the Minister, the Department of Agri-

culture, Dalhousie or the merged university arising from or in relation to any trans-

fer or disclosure of personal information by the Minister to Dalhousie or the merged

university for the purpose of this Act, regardless of whether the transfer or disclo-

sure occurs before or after the coming into force of this Act.

2012, c. 3, s. 9.

No waiver of privilege or immunity

10 A disclosure to Dalhousie or the merged university of any material,

before or after the coming into force of this Act, that is subject to any privilege or

immunity, including solicitor-client privilege, litigation privilege, settlement privi-

lege or public interest immunity, does not constitute a waiver of the privilege or

immunity.

2012, c. 3, s. 10.

Assignment of rights and obligations under agreements

11 (1) Subject to the Agreement, the Minister may assign the rights

and obligations in any agreement, by individual agreement or by class of agreement,

between the Minister and a third party, that the Minister has entered into in relation

to the College’s former activities or mandate to the merged university on such terms

and conditions as the Minister prescribes, and the merged university may enforce an

agreement so assigned as if it were the Minister.

(2) Where the Minister assigns the rights and obligations in an

agreement pursuant to subsection (1),

(a) the assignment may be carried out notwithstanding any

restriction on assignment provided for under the agreement being

assigned;

(b) the assignment is not subject to any notice requirement

under the agreement being assigned or otherwise existing at law;

any requirement in the agreement being assigned or otherwise exist-

ing at law; and

(d) no person has or may maintain any cause of action or

claim against Her Majesty in right of the Province, the Minister, the

2012, c. 3 dalhousie university–ns agricultural college merger 5

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Department of Agriculture or the merged university arising from or in

relation to the assignment.

2012, c. 3, s. 11.

Transfer of designated employees

12 (1) Subject to the terms and conditions of the Agreement, every

designated employee becomes an employee of the merged university and ceases to

be a person appointed in accordance with the Civil Service Act on the date that the

Minister indicates that the person is a designated employee.

(2) The continuity of employment of a designated employee is

not broken by the effect of this Section.

(3) The Civil Service Act, the regulations made pursuant to that

Act and the Civil Service Collective Bargaining Act do not apply to a designated

employee.

(4) Every designated employee is deemed to have been employed

by the merged university for the same period of employment that the person was

credited with as an employee of Her Majesty in right of the Province.

2012, c. 3, s. 12.

Collective agreements bind merged university

13 (1) The merged university is bound by a collective agreement

concluded pursuant to the Civil Service Collective Bargaining Act in relation to a

designated employee as if it were a party to the collective agreement as the

employer and as if the collective agreement were concluded pursuant to the Trade

Union Act by a bargaining agent certified pursuant to the Trade Union Act.

(2) For greater certainty, the merged university is a transferee for

the purpose of Section 31 of the Trade Union Act and, without limiting the general-

ity of the foregoing, the merged university is bound by successor rights as deter-

mined pursuant to the Trade Union Act.

(3) Where notice to commence collective bargaining has been

given in relation to a collective agreement respecting designated employees before

the merger date, the merged university is the employer for the purpose of conclud-

ing and signing a collective agreement.

2012, c. 3, s. 13.

Public Service Superannuation Plan

14 (1) Each designated employee who was an employee within the

meaning of the Public Service Superannuation Act before the coming into force of

this Act and each designated employee in a bargaining unit whose collective agree-

ment provided for participation in the Public Service Superannuation Plan before

the coming into force of this Act is deemed to continue to be a person employed in

the public service of the Province for the purpose of the Public Service Superannua-

tion Act and service in the employment of the merged university is deemed to be

service in the public service of the Province.

(2) Notwithstanding subsection (1), Section 39 and clause 40(b)

of the Public Service Superannuation Act do not apply to the merged university or

designated employees unless the merged university advises the Minister of Finance,

in writing, that those provisions apply.

2012, c. 3, s. 14.

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Merged university is successor employer

15 The merged university is a successor employer for the purpose of the

Pension Benefits Act.

2012, c. 3, s. 15.

Nova Scotia Agricultural College Foundation dissolved

16 (1) The Nova Scotia Agricultural College Foundation, established

pursuant to the University Foundation Act, is dissolved.

(2) All right, title and interest of the Nova Scotia Agricultural

College Foundation in any real or personal property is hereby vested in the Dalhou-

sie University Foundation.

(3) All the obligations and liabilities of the Nova Scotia Agricul-

tural College Foundation hereby become the obligations and liabilities of the Dal-

housie University Foundation.

(4) In any document, including any deed, lease, agreement, will,

trust, debenture or document evidencing a gift or bequest, a reference to the Nova

Scotia Agricultural College Foundation, whether the reference is by official name or

otherwise, is to be construed as a reference to Dalhousie University Foundation.

2012, c. 3, s. 16.

Effect of reference

17 A reference to the College in any enactment is to be read and con-

strued as a reference to the merged university.

2012, c. 3, s. 17.

Application of Finance Act limited

18 Sections 77 and 78 of the Finance Act do not apply in respect of any

net debt obligation or operating obligation entered into pursuant to this Act.

2012,

c. 3, s. 18.

Regulations

19 (1) The Governor in Council may, upon consultation with Dal-

housie, make regulations fixing the merger date.

(2) The Governor in Council may make regulations

(a) respecting the application of the Dairy Industry Act

and the regulations made pursuant to that Act to

(i) Her Majesty in right of the Province,

(ii) the merged university,

(iii) an agreement made pursuant to subsection 6(1),

(iv) the Quota leased by the merged university

under an agreement made pursuant to subsection 6(1);

(b) defining any word or expression used but not defined

in this Act;

2012, c. 3 dalhousie university–ns agricultural college merger 7

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considers necessary or advisable to effectively carry out the intent

and purpose of this Act.

(3) The exercise by the Governor in Council of the authority con-

tained in subsections (1) and (2) is a regulation within the meaning of the Regula-

tions Act.

(4) For greater certainty, in the event of a conflict between a regu-

lation made pursuant to clause (2)(a) and a regulation made pursuant to the Dairy

Industry Act, the regulation made pursuant to clause (2)(a) prevails.

2012, c. 3, s. 19.

Agriculture and Marketing Act amended

20 amendment

Freedom of Information and Protection of Privacy Act amended

21 amendment

Nova Scotia Agricultural College Act repealed

22 Chapter 7 of the Acts of 2008, the Nova Scotia Agricultural Col-

lege Act, is repealed.

2012, c. 3, s. 22.

Effective date

23 This Act comes into force on such day as the Governor in Council

orders and declares by proclamation.

2012, c. 3, s. 23.

Proclaimed (except ss. 16, 17 and 20-22) - May 31, 2012

In force - May 31, 2012

ss. 16, 17 and 20-22 proclaimed - August 20, 2012

In force - September 1, 2012

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