First

Session, 49th General Assembly

Elizabeth II, 2019

BILL 18

AN ACT RESPECTING THE

DEMISE OF THE CROWN

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE SIOBHAN

COADY

Government House

Leader

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would enact the Demise of the Crown Act . The Bill would

provide that the demise of the

Crown does not affect the holding of any office under the Crown in right of the

province or the right or capacity of a person in the province to practise,

engage in or pursue a profession, occupation or calling;

provide that a person is not

required to retake an oath of office or oath of allegiance with respect to a

profession, occupation, office or calling by reason of the demise of the Crown;

provide that the demise of the

Crown does not affect any writ, action or other process or proceeding, civil or

criminal, in or issuing out of any court; and

amend the House of Assembly Act to provide that the House of Assembly shall

not be dissolved by the demise of the Crown.

A BILL

AN ACT RESPECTING THE DEMISE OF THE CROWN

Analysis

Short title

Effect of demise

Validity of matter or proceeding

RSNL1990 cH-10 Amdt.

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Demise of the

Crown Act.

Effect of demise

2. Where

there is a demise of the Crown,

(

a) the demise does not affect the holding of any

office under the Crown in right of the province;

(

b) the demise does not affect the right or

capacity of a person in the province to practise, engage in or pursue a

profession, occupation or calling; and

(

c) a person is not required to retake an oath of

office or oath of allegiance with respect to a profession, occupation, office

or calling by reason of the demise.

Validity of

matter or proceeding

3. A

writ, action or other process or proceeding, civil or criminal, in or issuing

out of any court is not, by reason of the demise of the Crown, determined,

abated, discontinued or affected, but every writ, action, process or proceeding

remains in full force and may be enforced, carried on or otherwise proceeded

with or completed as though there had been no demise.

RSNL1990 cH-10

Amdt.

4. The House

of Assembly Act is amended by adding immediately after

section 3.1 the

following:

Demise of the

Crown

3.2

(1) The House of Assembly is not dissolved by the demise of the Crown, and shall

continue in the same manner as if the demise had not occurred.

(2) Notwithstanding

subsection (1), the Lieutenant-Governor may, by proclamation, prorogue or

dissolve the House of Assembly when the Lieutenant-Governor sees fit.

Queen's Printer