© NS Registry of Regulations. Web version. 155

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 33, No. 7 March 27, 2009 Contents Act Reg. No.

Page Apprenticeship and Trades Qualifications Act B o i l e r m a k e r T r a d e R e g u l a t i o n s .............................................. 6 3 / 2009 183 Steamfitter/Pipefitter Trade Regulations ....................................... 6 2 / 2009 179 Dairy Industry Act Total Production Quota Regulations–amendment ................................ 5 9 / 2009 176 Environment Act Environment Act and Regulations Fees Regulations–amendment ................... 6 6 / 2009 221 Hospitals Act Proclamation of amendments to Act, S. 4, S.N.S. 2008, c. 58 ....................... 5 6 / 2009 159 Midwifery Act Proclamation of Act, S. 65, S.N.S. 2006, c. 18 .................................. 5 7 / 2009 160 M i d w i f e r y R e g u l a t i o n s .................................................... 5 8 / 2009 161 Motor Vehicle Act Proclamation of amendments to Act, S. 4, S.N.S. 2008, c. 62 ....................... 6 1 / 2009 178 Municipal Grants Act Proclamation of amendments to Act, S. 2, S.N.S. 2008, c. 63 ....................... 6 0 / 2009 177 Natural Products Act C h i c k e n F a r m e r s o f N o v a S c o t i a R e g u l a t i o n s – a m e n d m e n t......................... 6 7 /2009 222 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 5 5 / 2009 157

156 © NS Registry of Regulations. Web version. Table of Contents (cont.) Royal Gazette

Part II - Regulations Vol. 33, No. 7 Registered Nurses Act Proclamation of Act, S. 80, S.N.S. 2006, c. 21 .................................. 6 4 / 2009 185 Registered Nurses Regulations .............................................. 6 5 / 2009 187 In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act.

The date a regulation is made, the date a regulation is approved, the date a regulation is filed and any date specified in a regulation are important to determine when the regulation is in force. *Date that subsections 3(6) and (7) and Sections 11 and 13 of the Regulations Act and amendments to the Regulations Act made by

Chapter 46 of the Acts of 2004 were proclaimed in force.

N.S. Reg. 55/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 © NS Registry of Regulations. Web version. 157 N.S. Reg. 55/2009 Made: March 5, 2009 Filed: March 10, 2009 Prescribed Petroleum Products Prices Order dated March 5, 2009 made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 14 of the Petroleum Products Pricing Act In the Matter of

Section 14 of

Chapter 11 of the Acts of 2005 the Petroleum Products Pricing Act - and - In the Matter of Sections 14 to 18 of the Petroleum Products Pricing Regulations made by the Governor in Council pursuant to

Section 14 of the Petroleum Products Pricing Act - and - In the Matter of an Order Prescribing Prices for Petroleum Products made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 14 to 18 of the Petroleum Products Pricing Regulations Order I, Richard Hurlburt, Minister of Service Nova Scotia and Municipal Relations for the Province of Nova Scotia, pursuant to

Section 14 of

Chapter 11 of the Acts of 2005, the Petroleum Products Pricing Act, and Sections 14 to 18 of the Petroleum Products Pricing Regulations, hereby (

a) repeal the Order dated February 26, 2008 [2009], which prescribed prices February 27, 2009; and (

b) prescribe prices for petroleum products in the Pr ovince as set forth in the tables in

Schedule “A”. This Order is effective on and after 12:01 a.m. on March 6, 2009. Made at Halifax, in the Halifax Regional Municipality, Nova Scotia, on March 5, 2009. Sgd.: Richard Hurlburt Honourable Richard Hurlburt Minister of Service Nova Scotia and Municipal Relations

N.S. Reg. 55/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 158 © NS Registry of Regulations. Web version.

Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on March 6, 2009 Table 1: Benchmark Prices for Regulated Petroleum Products (cents/litre) Regular unleaded gasoline 43.2 Mid-grade unleaded gasoline 46.2 Premium unleaded gasoline 49.2 Ultra-low-sulfur diesel oil 46.1 Table 2: Fixed Wholesale Prices, Retail Mark-ups and Retail Prices for Regulated Petroleum Products (cents/litre) Retail Mark-up Retail Price (includes all taxes) Self-Service Full-Service Self-Service Full-Service Fixed Wholesale Price (excludes GST) Min Max Min Max Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 75.0 78.0 81.0 71.8 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 89.3 92.7 96.1 85.7 91.0 94.4 97.7 87.3 89.3 92.7 96.1 85.7 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 75.4 78.4 81.4 72.2 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 89.7 93.1 96.5 86.1 91.4 94.8 98.2 87.8 89.7 93.1 96.5 86.1 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 75.9 78.9 81.9 72.7 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 90.3 93.7 97.1 86.7 92.0 95.4 98.8 88.4 90.3 93.7 97.1 86.7 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 75.9 78.9 81.9 72.7 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 90.3 93.7 97.1 86.7 92.0 95.4 98.8 88.4 90.3 93.7 97.1 86.7 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 75.9 78.9 81.9 72.7 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 90.3 93.7 97.1 86.7 92.0 95.4 98.8 88.4 90.3 93.7 97.1 86.7 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 76.7 79.7 82.7 73.5 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 91.2 94.6 98.0 87.6 92.9 96.3 99.7 89.3 91.2 94.6 98.0 87.6 999.9 999.9 999.9 999.9

N.S. Reg. 56/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 © NS Registry of Regulations. Web version. 159 N.S. Reg. 56/2009 Made: March 10, 2009 Filed: March 10, 2009 Proclamation, S. 4, S.N.S. 2008, c. 58 Order in Council 2009-106 dated March 10, 2009 Proclamation made by the Governor in Council pursuant to

Section 4 of

An Act to Amend

Chapter 208 of the Revised Statutes, 1989, the Hospitals Act The Governor in Council on the report and recommendation of the Minister of Health dated February 11, 2009, pursuant to

Section 4 of

Chapter 58 of the Acts of 2008,

An Act to Amend

Chapter 208 of the Revised Statutes, 1989, the Hospitals Act, is pleased to order and declare by proclamation that

Chapter 58 of the Acts of 2008,

An Act to Amend

Chapter 208 of the Revised Statutes, 1989, the Hospitals Act, do come into force on and not before March 10, 2009. PROVINCE OF NOVA SCOTIA sgd: Mayann Francis G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 4 of

Chapter 58 of the Acts of 2008,

An Act to Amend

Chapter 208 of the Revised Statutes, 1989, the Hospitals Act, it is enacted as follows: 4 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 58 of the Acts of 2008,

An Act to Amend

Chapter 208 of the Revised Statutes, 1989, the Hospitals Act, do come into force on and not before March 10, 2009; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 58 of the Acts of 2008,

An Act to Amend

Chapter 208 of the Revised Statutes, 1989, the Hospitals Act, do come into force on and not before March 10, 2009, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia.

N.S. Reg. 56/2009 - 57/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 160 © NS Registry of Regulations. Web version. AT Our Government House in the Halifax Regional Municipality, this 10th day of March in the year of Our Lord two thousand and nine and in the fifty-eighth year of Our Reign. BY COMMAND: sgd: Cecil P. Clarke Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 57/2009 Made: March 10, 2009 Filed: March 10, 2009 Proclamation, S. 65, S.N.S. 2006, c. 18 Order in Council 2009-107 dated March 10, 2009 Proclamation made by the Governor in Council pursuant to

Section 65 of the Midwifery Act The Governor in Council on the report and recommendation of the Minister of Health dated February 27, 2009, pursuant to

Section 65 of

Chapter 18 of the Acts of 2006, the Midwifery Act, is pleased to order and declare by proclamation that

Chapter 18 of the Acts of 2006, the Midwifery Act, do come into force on and not before March 18, 2009. PROVINCE OF NOVA SCOTIA sgd: Mayann Francis G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 65 of

Chapter 18 of the Acts of 2006, the Midwifery Act, it is enacted as follows: 65 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 18 of the Acts of 2006, the Midwifery Act, do come into force on and not before March 18, 2009; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 18 of the Acts of 2006, the Midwifery Act, do come into force on and not before March 18, 2009, of which all persons concerned are to take notice and govern themselves accordingly.

N.S. Reg. 57/2009 - 58/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 © NS Registry of Regulations. Web version. 161 IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia. AT Our Government House in the Halifax Regional Municipality, this 10th day of March in the year of Our Lord two thousand and nine and in the fifty-eighth year of Our Reign. BY COMMAND: sgd: Cecil P.

Clarke Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 58/2009 Made: February 20, 2009 Approved: March 10, 2009 Filed: March 10, 2009 Midwifery Regulations Order in Council 2009-108 dated March 10, 2009 Regulations made by the Midwifery Regulatory Council of Nova Scotia and approved by the Governor in Council pursuant to

Section 9 of the Midwifery Act The Governor in Council on the report and recommendation of the Minister of Health dated February 27, 2009, and pursuant to

Section 9 of

Chapter 18 of the Acts of 2006, the Midwifery Act, is pleased to approve new regulations respecting midwifery made by the Midwifery Regulatory Council of Nova Scotia in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after March 18, 2009.

Schedule “A” I certify that at a duly convened meeting of the Midwifery Regulatory Council of Nova Scotia held on February 20, 2009, the Council carried a motion to approve the attached regulations made pursuant to subsection 9(1) of

Chapter 18 of the Acts of 2006, the Midwifery Act. Dated at Halifax, Nova Scotia, this 20th day of February, 2009. Midwifery Regulatory Council of Nova Scotia Sgd.: Kerstin Martin Per: Kerstin Martin Chair

N.S. Reg. 58/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 162 © NS Registry of Regulations. Web version. Regulations Respecting Midwifery made under

Section 9 of

Chapter 18 of the Acts of 2006, the Midwifery Act Citation 1 These regulations may be cited as the Midwifery Regulations.

Definitions for Act and regulations 2( 1 ) In these regulations, (a) “Act” means the Midwifery Act; (b) “assessment and credential verification pro cess” means the process used by the Council to determine the clinical competence of internationally trained midwives; (c) “bridging program” means an educational pr ogram approved by the Council to address gaps, identified through a competency assessment program, in the competencies of an applicant for registration that must be filled before the applicant can be registered; (d) “clinical practice of midwifery” means the provision of antepartum, intrapartum, postpartum and newborn care as a primary care provider; (e) “competency assessment program” means a program approved by the Council to assess the competence of midwives who are seeking registration in the Province; (f) “non-clinical”, in relation to practising midwifery, means practice that is limited to research, education, consultation, management, administration, regulations, policy or system development relating to the activities in subclauses (

i) to (iv) of the definition of the practice of midwifery in clause 2(

i) of the Act.

(2) In the Act and these regulations, (a) “Association” means Association of Nova Scotia Midwives; (b) “conduct unbecoming the profession” means conduct in a member’s personal or private capacity that tends to bring discredit upon the midwifery profession; (c) “licensing sanction” means any disciplinar y proceedings that result in the limitation, suspension or termination of a member’s licence, and does not include (

i) in accordance with subsection 16(4), conditions and restrictions imposed on a provisional licence, or (ii) in accordance with

Section 36, a counsel or caution issued by the Registrar under clause 38(8)(e), (

f) or (

g) of the Act; (d) “midwife” is further defined to include a member with a provisional licence or a provisional licence with conditions or restrictions.

N.S. Reg. 58/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 © NS Registry of Regulations. Web version. 163 Registration Registrar 3( 1 ) The Registrar may also be referred to by the title of Executive Director.

(2) The Registrar is responsible for all of the following duties: (

a) planning and implementing the programs of the Council in accordance with policies and objectives approved by the Council; (

b) the administration of the Council and its internal staffing and management; (

c) any duties required from time to time by the Council.

(3) If the office of the Registrar is vacant or the Registrar is absent or unable to act, the chair of the Council must name a member of the Council to act in the place of the Registrar until the Registrar returns or a new Registrar is appointed.

(4) A member of the Council must not give instructions to any of the employees of the Council except through the Registrar.

(5) The Registrar is the secretary and treasurer of the Council. Information in Register 4( 1 ) In addition to the name of the person qualified, as required by the subsection 16(1) of the Act, the Register must contain all the following information for each member: (

a) business mailing address and phone number; (c) [(b)] the date of first entry in the Register; (d) [(c)] the date the member’s regist ration is cancelled or not renewed; (b) [(d)] the name and location of the academic ins titution the member graduated from and their and midwifery credentials.

(2) A member must immediately notify the Registrar of any change in their name or mailing address. Registration requirements 5( 1 ) To establish that they meet the educational requirements of

Section 15 of the Act, an applicant for registration must submit any certificates, documents or other information that the Registrar may require in support of the application, including a notarized copy of all certificates, diplomas or degrees and other evidence satisfactory to the Registrar that the applicant is the person named.

(2) In addition to the educational requirements in

Section 15 of the Act, an applicant must meet all of the following requirements to be registered: (

a) successful completion of the registrati on examinations approved by the Council; (

b) payment of the applicable application and registration fees prescribed by the Council; (

c) demonstrated proficiency in the English la nguage in the manner determined by the Council;

N.S. Reg. 58/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 164 © NS Registry of Regulations. Web version. (

d) meeting the criteria for entry in the activ e-practising roster in

Section 12, or the active-practising with conditions or restrictions roster in

Section 14; (

e) providing any information the Registrar requi res to establish that the applicant has the capacity, competence, capability and character to safely and ethically practise midwifery; (

f) having a good character consistent with the r esponsibilities of a member and the standards of practice expected of a member.

(3) To establish that they meet the requirements of subsection (2), an applicant for registration must submit any documentation or proof required by the Registrar, including all of the following: (

a) a photograph of the applicant that clearly s hows the applicant’s face and is taken in the 6 months immediately before the application; (

b) all information that relates to the applicant and the practice of midwifery, or is otherwise relevant to their ability to safely and ethically practise midwifery, regardless of where the event took place, including all of the following: (

i) findings of professional misconduct, incompetence or incapacity by a professional college or a professional association that has regulatory responsibility, or a dismissal for cause by an employer, (ii) current proceedings for professional misconduct, incompetence or incapacity, including proceedings for professional misconduct or fitness to practice by professional colleges or professional associations that have regulatory responsibility, (iii) denials of registration by professional regulatory colleges and denials of membership by professional associations that have regulatory responsibility, (iv) negative verdicts and recomme ndations of coroners’ inquests, (

v) professional liability insurance claims, (vi) settlements and judgments in any civil lawsuit or particulars of any civil action that is pending to which the applicant is a party; (

c) any information the Registrar requires to satisfy the requirement in subsection 20(2) of the Act to notify the Registrar of any convictions, including a signed criminal record check authorization form; (

d) evidence satisfactory to the Council that the a pplicant is legally entitled to work in Canada.

(4) An applicant for registration must satisfy the Registrar that any deficiency in their practice or conduct revealed by the matters disclosed under subsection (3) has been remedied and that permitting the applicant to register would not pose a threat to public safety. Initial registration in Canada 6 An applicant who has not previously been registered in a Canadian province and is seeking registration for the first time is exempt from the requirement in clause 5(2)(

a) to complete a registration examination approved by the Council, unless it is determined to be necessary through the assessment and credential verification process.

N.S. Reg. 58/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 © NS Registry of Regulations. Web version. 165 Missing, false or misleading information relevant to registration 7 If an applicant for registration fails to disclose any information of a previous, present or pending matter required by subsection 5(3), or provides false or misleading information, the applicant’s application for registration may be rejected or their licence to practise may be revoked. Interview with Registrar 8 The Registrar may require that an applicant for registration attend an interview with the Registrar to discuss their application.

Registration examinations 9( 2 ) [(1)] A candidate must be given a maximum of 3 opportunities to pass the registration examination in the 24 months immediately after they become eligible to write the examination. (3) [(2)] A candidate may be given 2 further opportunities to write the registration examination after 24 months have passed since they became eligible if they have completed 1 of the following: (

a) a midwifery education program; (

b) at the candidate’s expense, a competency assessment program and any bridging program required by the Council. (4) [(3)] A candidate who does not pass the registrati on examination taken under subsection (3) cannot write the registration examination again. (1) [(4)] Any registration examination required to be taken under these regulations must be approved by the Council. Competency assessment 10

(1) The methods used in a competence assessment may include, but are not limited to, interviewing, verification of documents, observation, reflective practice, self-assessments or testing.

(2) The tools used in a competence assessment may include, but are not limited to, chart audits, self- assessments, written tests or live demonstrations of competencies. Rosters and Licensing Classes and sub-classes of licences 11

(1) The following are the classes of licences under the Act: (

a) active-practising; (

b) active-practising with conditions or restrictions; (

c) provisional; (

d) provisional with conditions or restrictions.

(2) The following are the sub-classes within the active-practising licence class: (

a) active-practising (clinical); (

b) active-practising (non-clinical).

N.S. Reg. 58/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 166 © NS Registry of Regulations. Web version.

(3) The following are the sub-classes of licences within the active-practising with conditions or restrictions licence class: (

a) active-practising (clinical) w ith conditions or restrictions; (

b) active-practising (non-clinical) with conditions or restrictions. Criteria for entry in active-practising roster 12 The Registrar must record the name of a member in the active-practising roster who meets all of the following criteria: (

a) the member has 1 of the following prerequisites: (

i) they graduated from a Canadian univers ity midwifery education program or an equivalent education program in the 2 years immediately before their application for entry in the active-practising roster, (ii) they completed a competence assessment program and any bridging program required by the Council in the 2 years immediately before their application for entry in the active- practising roster, (iii) they are currently registered or were registered as a midwife in another a province or territory in the 5 years immediately before their application for entry in the active- practising roster; (

b) for a member applying for an active-practisi ng (clinical) licence, the member has completed the following continuing competency requirements: (

i) at least the following practice hours or experience: (A) 1125 hours or attendance at 40 births in the clinical practice of midwifery in the 5 years immediately before their application, or (B) 450 hours or attendance at 12 births in the clinical practice of midwifery in the year immediately before their application, and (ii) current certificates in neonatal resuscitation, cardiopulmonary resuscitation and obstetrical emergency skills from programs that are approved by the Council; (

c) the member’s ability to practise midwifery is not subject to any conditions and restrictions. Entitlements of members in active-practising roster 13

(1) A member in the active-practising roster who holds an active-practising (clinical) licence is entitled to all of the following: (

a) practise midwifery; (

b) be eligible to serve as an appointed member on any committee of the Council; (

c) receive all official Council publications.

N.S. Reg. 58/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 © NS Registry of Regulations. Web version. 167

(2) A member in the active-practising roster who holds an active-practising (non-clinical) licence is entitled to all of the following: (

a) practise non-clinical midwifery; (

b) be eligible to serve as an appointed member on any committee of the Council; (

c) receive all official Council publications. Criteria for entry in active-practising with conditions or restrictions roster 14

(1) The Registrar must record the name of a member in the “with conditions or restrictions” roster who meets all the criteria for entry in the active-practising roster in

Section 12 except for the criterion in clause (c), and has conditions or restrictions placed on their licence as a result of 1 of the following: (

a) a decision of the Registrar, the Registration Appeal Committee or a hearing panel; (

b) the Council under subsection 20(1) of the Act. Entitlements of members in active-practising with conditions or restrictions roster 15 A member in the active-practising with conditions or restrictions roster is entitled to all of the following privileges, subject to the particular conditions or restrictions that are imposed on their licence: (

a) for a member who holds an active-practising li cence with conditions or restrictions (clinical), the privileges listed in subsection 13(1); (

b) for a member who holds an active-practisi ng licence with conditions or restrictions (non- clinical), the privileges listed in subsection 13(2). Provisional licences 16

(1) If it is otherwise consistent with the policies and objectives of the Council but impractical to issue an active-practising licence, with or without conditions or restrictions, the Registrar, upon payment of the prescribed licence fee, may enter a person into the provisional roster or the provisional roster with conditions or restrictions roster and issue a corresponding licence to a person who (

a) fails to meet the criteria for entry in the ac tive-practising roster in

Section 12 or the active- practising with conditions or restrictions roster in

Section 14; or (

b) is registered or licensed to practise midwifery in another jurisdiction.

(2) A provisional licence issued under subsection (1) must be issued for a specified period of time no longer than 12 months.

(3) Conditions or restrictions imposed on a provisional licence under this

Section may be imposed if the Registrar considers the conditions and restrictions to be necessary in the interest of the public.

(4) Conditions and restrictions imposed on a provisional licence under this

Section are not licensing sanctions.

(5) The Registrar’s decision to issue or refuse to issue a provisional licence or a provisional licence with conditions or restrictions is final.

N.S. Reg. 58/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 168 © NS Registry of Regulations. Web version. Expiry of provisional licences 17 A provisional licence or a provisional licence with conditions or restrictions issued under

Section 16 expires on the earliest of all of the following dates: (

a) the date the Council receives notice that the licence holder is no longer eligible to write the applicable registration examinations; (

b) the date that an active-practising licence is issued to the licence holder; (

c) the expiry date of the provisional licence; (

d) the date the provisional licence is susp ended or revoked under the professional conduct process. Renewing active-practising licence 18

(1) The following are the requirements for renewing an active-practising (clinical) licence with or without conditions or restrictions under subsection 22(1) of the Act: (

a) payment of all outstanding fees, debts and levies owed to the Council; (

b) completion of 1 of the following continuing competency requirements: (

i) at least 1125 hours or attendance at 40 births in the practice of midwifery in the 5 years immediately before their application for renewal, (ii) at least 450 hours or attendance at 12 births in the practice of midwifery in the year immediately before their application for renewal; and (

c) holding a current certificate in each of the fo llowing from a program that is acceptable to the Council: (

i) neonatal resuscitation, (ii) cardiopulmonary resuscitation, (iii) obstetrical emergency skills.

(2) The following are the requirements for renewing an active-practising (non-clinical) licence with or without conditions or restrictions: (

a) payment of all outstanding fees, debts and levies owed to the Council; (

b) completion of 1 of the following continuing competency requirements: (

i) at least 1125 hours in the non-clinical practice of midwifery in 5 years immediately before their application for renewal, or (ii) at least 450 hours in the non-clinical practice of midwifery in the year immediately before their application for renewal. Restrictions or conditions on previous licence 19 Restrictions or conditions imposed on a member’s licence that have not expired remain in effect on any licence renewed under

Section 22 of the Act.

N.S. Reg. 58/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 © NS Registry of Regulations. Web version. 169 Suspension of licence not renewed 20 A licence suspended under subsection 22(2) of the Act is suspended effective the day after the licence expires. Conditions on licences 21 The Council may impose any reasonable conditions or restrictions on a member’s licence that it considers appropriate, including restricting the procedures and interventions that a member may perform. Licence returned to Council 22 A person whose licence has been revoked must return the licence to the Council at the Council’s request. Licence suspended for non-payment 23

(1) The Registrar may suspend a member’s licence for contravention of any regulation that requires the member to pay a fee, file a document or to do any other act by a specified or ascertainable date.

(2) A licence suspended under subsection (1) must not be reinstated until the member has paid the fee, filed the document or carried out whatever act was required.

(3) A member whose licence is suspended under subsection (1) must immediately cease practising midwifery until their licence is reinstated by the Registrar and they have received a notice of reinstatement from the Registrar. Affiliated Members Categories of affiliation 24 The following are the categories of affiliation under the Act: (

a) non-practising; (

b) student. Non-practising members 25

(1) A member is entitled to become a non-practising member if the member meets all of the following criteria: (

a) the member was eligible in the past for en try in the active-practising roster or the active- practising with conditions or restrictions roster; (

b) the member is not subject to any disciplinary finding that would prohibit them from practising midwifery in the Province; (

c) the member is not practising midwifery in the Province; (

d) the member has paid the applicable fee prescribed by the Council.

(2) A non-practising member is entitled to all of the following: (

a) be eligible to serve as an appointed member on any committee of the Council; (

b) receive official Council publications.

N.S. Reg. 58/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 170 © NS Registry of Regulations. Web version. Student affiliation 26

(1) A student may be entered in the student category of affiliation if the student meets all of the following criteria: (

a) they are enrolled in a university midwifer y education program approved by the Council; (

b) they have paid the applicable fee prescribed by the Council.

(2) A student whose name is entered in the student category of affiliation is entitled to receive official Council publications. Records 27 The Registrar must keep up-to-date records of persons who are entered in the non-practising and student categories of affiliation. Quality assurance program 28

(1) The Registrar must ensure that a quality assurance program is conducted for each midwife at a frequency set by the Council.

(2) The quality assurance program administered by the Council may include, but is not limited to, any of the following: (

a) the assessment of members’ competence to practise; (

b) the monitoring of members’ participati on in, and compliance with, the quality assurance program; (

c) continuing education a nd professional development; (

d) peer case review; (

e) quality of care evaluation; (

f) self-assessment; (

g) practice audits.

(3) A member reviewed under the quality assurance program must comply with the requirements established by the Council for a review. Professional liability insurance for midwives 29 A midwife must carry professional liability insurance in an amount determined by the Council. Professional Conduct Complaint against a member 30

(1) A complaint initiated under

Section 33 of the Act must be sent to the Registrar.

(2) A termination letter from a member’s employer notifying the Council that the member’s employment as a midwife has been terminated because of professional misconduct, conduct unbecoming the profession, incompetence or incapacity is deemed to constitute a complaint.

N.S. Reg. 58/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 © NS Registry of Regulations. Web version. 171 Notification of complaint 31 On receiving a complaint, the Registrar must immediately do all of the following: (

a) send a copy of the complaint to the respondent; (

b) notify the respondent in writing that th e respondent may submit an explanation or representation concerning the complaint to the Registrar no later than 15 days after the date of the notice or a longer response period considered necessary by the Registrar. Complaint dismissed by Registrar 32 The Registrar must dismiss a complaint and notify the complainant and the respondent of the dismissal, if the Registrar decides that any of the following apply: (

a) the subject matter of the complaint is outside the jurisdiction of the Council; (

b) the complaint is frivolous, vexatious or constitutes an abuse of process; (

c) the complaint does not allege facts that, if proven, would constitute professional misconduct, conduct unbecoming, incompetence or incapacity, or would merit a counsel or a caution, or both; (

d) the complaint cannot be substantiated. Investigation powers 33 When conducting an investigation under the Act, a person may do any of the following: (

a) a request for additional written or oral expl anations from the complainant, the respondent, or third parties; (

b) a request for an interview of the comp lainant, the respondent or a third party. Referral to hearing panel 34 On request from a member whose licence is suspended by the Registrar as a result of a complaint against the member, the Registrar must refer the matter directly to a hearing panel. Costs of complying with requirements under subsection 38(4) of Act 35 The costs for a respondent to comply with any requirement made by the Registrar under subsection 38(4) of the Act must be borne by the Council. When counsel or caution not licensing sanction 36 A counsel or caution issued by the Registrar under clause 38(8)(e), (

f) or (

g) of the Act is not considered a licensing sanction against the respondent, and must be disclosed only to the respondent and the complainant and not published or disclosed to the public without the member’s consent. Settlement Agreements Preparing and tendering settlement agreements 37

(1) In addition to the admission and consent to disposition required by subsection 42(1) of the Act, a proposed settlement agreement tendered under subsection 42(1) of the Act must include all of the following: (

a) any undertaking made by the respondent, including

N.S. Reg. 58/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 172 © NS Registry of Regulations. Web version. (i) [the] length of time that the undertaking is binding on the respondent, and (ii) the procedure that the respondent must follow to be released from the undertaking; (

b) a statement of which terms of the settleme nt proposal may be disclosed to the public.

(2) A settlement agreement may include any disposition of the disciplinary matter that could be ordered by a hearing panel under subclause 52(2)(e)(

i) of the Act.

(3) The Council and the respondent may agree to use a mediator to prepare the settlement agreement, and the costs for the mediator must be divided equally between the Council and the respondent, unless the Council and the respondent agree to a different division of the costs. Registrar recommends changes to settlement agreement 38

(1) Before recommending or refusing to recommend acceptance of a proposed settlement agreement, the Registrar may recommend changes to the settlement agreement.

(2) If the Council and the respondent agree to the changes recommended under subsection (1), the Registrar must recommend acceptance of the proposed settlement agreement to the hearing panel in accordance with subsection 42(3) of the Act.

(3) If the Council and the respondent do not agree to the changes recommended under subsection (1), the Registrar must refuse to recommend the proposed settlement agreement in accordance with subsection 42(4) of the Act. Breach of settlement agreement 39 Any alleged breach by a respondent of an accepted settlement agreement must be referred to another hearing panel and may form the subject of a new hearing. Hearings Hearing panel conflict of interest 40 A person who was involved in a matter that is the subject of a complaint must not sit on a hearing panel that conducts a hearing related to the same complaint.

Notice of hearing 41 In addition to the requirements of subsection 44(10) of the Act, a notice of hearing must state that the respondent may be represented by their legal counsel or another representative. Amendment of notice of hearing 42

(1) At any time before or during a hearing, a hearing panel may amend or alter the notice of hearing for any of the following reasons: (

a) to correct an alleged defect in substance or form; (

b) to make the notice conform to the evidence, if there appears to be a difference between the evidence and the notice, or if the evidence discloses any of the following that is not stated in the notice: (

i) potential professional misconduct, (ii) potential conduct unbecoming the profession,

N.S. Reg. 58/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 © NS Registry of Regulations. Web version. 173 (iii) potential incapacity, (iv) potential incompetence.

(2) A respondent must be give an opportunity to respond to an amendment or alteration to a notice of hearing made by a hearing panel.

(3) After receiving a respondent’s response under subsection (2), the hearing panel may decide that an amendment or alteration to the notice of hearing should not be made and, if considered appropriate, may refer any new allegations to the Registrar for processing as a new complaint. Complainant not party to hearing 43 A complainant cannot participate as a party at a hearing. Hearing procedures 44

(1) A hearing panel may determine any additional rules of procedure for hearings not covered by the Act or these regulations.

(2) A witness at a hearing must testify under oath or affirmation.

(3) An oath or affirmation at a hearing may be administered by any member of the hearing panel or other person in attendance who is authorized by law to administer oaths or affirmations.

(4) The costs of complying with a requirement made under clause 52(2)(

b) of the Act must be initially borne by the Council and may be awarded as costs against a respondent under

Section 53 of the Act.

(5) Subject to costs awarded or reimbursed under

Section 51, a respondent is responsible for all expenses incurred in their defence. Subpoenaed witness fees 45 Witnesses that are present under subpoena at a hearing are entitled to the same allowances as witnesses attending a trial of an action in the Supreme Court of Nova Scotia. Preserving evidence 46 Evidence submitted to a hearing panel and information submitted to a hearing panel by the Registrar or an investigator regarding a complaint that has not been dismissed by the Registrar must be preserved for at least 5 years from the date the evidence or information is submitted.

Notice of licensing sanction 47 The Registrar must notify all of the following of any licensing sanctions imposed on a member: (

a) any midwifery regulatory authority in another jurisdiction in Canada; (

b) on request, any midwifery statutory authority or association in a jurisdiction outside of Canada; (

c) any individual or organization, as directed by the hearing panel that conducted the proceeding. Retention of Registrar and hearing panel records 48

(1) All decisions of the Registrar respecting complaints and decisions of hearing panels must be kept permanently at the Council.

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(2) Records of the Registrar and hearing panels, other than decisions kept under subsection (1), must be kept in accordance with the Council’s record retention policies. Costs for disciplinary action that should have been dismissed 49

(1) If the hearing panel decides that a disciplinary action should have been dismissed, the hearing panel may award costs against any member and may reimburse any member for costs incurred through the disciplinary action, and the costs are a debt due to be recovered by civil action for debts.

(2) The Registrar may suspend the licence of any member who fails to pay any costs awarded under subsection (1) within the time ordered until payment is made or satisfactory arrangements for payment have been established. Drugs and Minor Surgical and Invasive Procedures List of permitted drugs 50

(1) A midwife may prescribe and administer medications in the following list of pharmaceutical categories in accordance with the midwifery scope of practice, guidelines and policies approved by the Council: Categories of Drugs that may be Prescribed and Administered by Midwives analgesics and sedatives anesthetics (local) antibiotics antiemetics antifungals antihemmorhagics antihistamines antireflux antivirals contraceptives crystalloid or colloid intravenous solutions epinephrine sodium bicarbonate (newborn) immune globulins lactation aids or suppressants (domperidone) laxatives naloxone oxytocics phytonadione (Vitamin K1 – generic name) prostaglandins topicals vaccines vitamins

(2) In addition to the list of drugs in subsection (1), a midwife may prescribe and administer narcotics and sedatives that are controlled drugs within the meaning of the Controlled Drugs and Substances Act (Canada) as determined by the federal Department of Health. List of permitted minor surgical and invasive procedures 51

(1) A midwife may perform any of the following minor surgical and invasive procedures when actually delivering a baby and caring for a patient:

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Part II - Regulations Vol. 33, No. 7 © NS Registry of Regulations. Web version. 175 (

a) amniotomies; (

b) bladder catheterizations; (

c) episiotomies; (

d) repairs of episiotomies and first-degree and second-degree tears; (

e) fitting cervical caps and diaphragms for contraceptive purposes; (

f) subcutaneous, intramuscular and intravenous injections; (

g) vaginal examinations; (

h) intravenous cannulations; (

i) taking cytological smears for cancer screening; (

j) venipunctures; (

k) internal fetal electrodes – intrapartum; (

l) collection of vaginal and rectal swabs for culture.

(2) A midwife may perform any of the following procedures when actually delivering a baby and caring for a patient in an emergency situation: (

a) placement of laryngeal airway masks; (

b) oral intubation of the neonate; (

c) umbilical venous catheterization in the newborn; (

d) manual extraction of the placenta; (

e) ventouse or vacuum extraction. Council Renumeration, allowances and expenses for Council members 52 The Council shall determine remuneration, allowances, and expenses for Council members.

N.S. Reg. 59/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 176 © NS Registry of Regulations. Web version. N.S. Reg. 59/2009 Made: February 20, 2009 Approved: March 13, 2009 Filed: March 16, 2009 Total Production Quota Regulations Order dated March 13, 2009 made by the Dairy Farmers of Nova Scotia and approved by the Natural Products Marketing Council pursuant to clause 14(1)(

e) of the Dairy Industry Act Dairy Farmers of Nova Scotia The Dairy Farmers of Nova Scotia, pursuant to clause 14(1)(

e) of

Chapter 24 of the Acts of 2000, the Dairy Industry Act, at meetings held on February 20, 2009 amended the Total Production Quota Regulations in the manner set out in the form attached to this certificate as

Schedule “A”, effective on and after April 1, 2009. Dated and Signed at Truro, Nova Scotia, March 13, 2009 Sgd.: Brian Cameron Brian Cameron General Manager Dairy Farmers of Nova Scotia ------------------------------------------------------------------------------------------------------ Approved as to form only by the Natural Products Marketing Council at Truro, Nova Scotia, on March 13, 2009. Sgd.: E. A. Crouse Liz Crouse Acting General Manager Natural Products Marketing Council

Schedule “A” Amendment to the Total Production Quota Regulations made by the Dairy Farmers of Nova Scotia under clause 14(1)(

e) of

Chapter 24 of the Acts of 2000, the Dairy Industry Act

Section 15 of the Total Production Quota Regulations, N.S. Reg. 271/2007, made by the Dairy Farmers of Nova Scotia and approved by the Natural Products Marketing Council on May 7, 2007, is amended by striking out “30%” and substituting “0%” and by striking out “70%” and substituting “100%”.

N.S. Reg. 60/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 © NS Registry of Regulations. Web version. 177 N.S. Reg. 60/2009 Made: March 17, 2009 Filed: March 17, 2009 Proclamation, S. 2, S.N.S. 2008, c. 63 Order in Council 2009-126 dated March 17, 2009 Proclamation made by the Governor in Council pursuant to

Section 2 of

An Act to Amend

Chapter 302 of the Revised Statutes, 1989, the Municipal Grants Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated February 27, 2009, pursuant to

Section 2 of

Chapter 63 of the Acts of 2008,

An Act to Amend

Chapter 302 of the Revised Statutes, 1989, the Municipal Grants Act, is pleased to order and declare by proclamation that

Chapter 63 of the Acts of 2008,

An Act to Amend

Chapter 302 of the Revised Statutes, 1989, the Municipal Grants Act, do come into force on and not before April 1, 2009. PROVINCE OF NOVA SCOTIA sgd: J. Michael MacDonald G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 2 of

Chapter 63 of the Acts of 2008,

An Act to Amend

Chapter 302 of the Revised Statutes, 1989, the Municipal Grants Act, it is enacted as follows: 2 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 63 of the Acts of 2008,

An Act to Amend

Chapter 302 of the Revised Statutes, 1989, the Municipal Grants Act, do come into force on and not before April 1, 2009; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 63 of the Acts of 2008,

An Act to Amend

Chapter 302 of the Revised Statutes, 1989, the Municipal Grants Act, do come into force on and not before April 1, 2009, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved His Honour the Honourable J. Michael MacDonald, Administrator of the Government of the Province of Nova Scotia.

N.S. Reg. 60/2009 - 61/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 178 © NS Registry of Regulations. Web version. AT Our Law Courts in the Halifax Regional Municipality, this 17th day of March in the year of Our Lord two thousand and nine and in the fifty-eighth year of Our Reign. BY COMMAND: sgd: Cecil P. Clarke Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 61/2009 Made: March 17, 2009 Filed: March 17, 2009 Proclamation, S. 4, S.N.S. 2008, c. 62 Order in Council 2009-127 dated March 17, 2009 Proclamation made by the Governor in Council pursuant to

Section 4 of

An Act to Amend

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act The Governor in Council on the report and recommendation of the Minister of Transportation and Infrastructure Renewal dated February 26, 2009, pursuant to

Section 4 of

Chapter 62 of the Acts of 2008,

An Act to Amend

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is pleased to order and declare by proclamation that

Chapter 62 of the Acts of 2008,

An Act to Amend

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, do come into force on and not before April 13, 2009. PROVINCE OF NOVA SCOTIA sgd: J. Michael MacDonald G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 4 of

Chapter 62 of the Acts of 2008,

An Act to Amend

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, it is enacted as follows: 4 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 62 of the Acts of 2008,

An Act to Amend

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, do come into force on and not before April 13, 2009; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 62 of the Acts of 2008,

An Act to Amend

Chapter 293 of the

N.S. Reg. 61/2009 - 62/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 © NS Registry of Regulations. Web version. 179 Revised Statutes, 1989, the Motor Vehicle Act, do come into force on and not before April 13, 2009, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved His Honour the Honourable J. Michael MacDonald, Administrator of the Government of the Province of Nova Scotia.

AT Our Law Courts in the Halifax Regional Municipality, this 17th day of March in the year of Our Lord two thousand and nine and in the fifty-eighth year of Our Reign. BY COMMAND: sgd: Cecil P. Clarke Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 62/2009 Made: March 17, 2009 Filed: March 17, 2009 Steamfitter/Pipefitter Trade Regulations Order in Council 2009-129 dated March 17, 2009 Regulations made by the Governor in Council pursuant to

Section 29 of the Apprenticeship and Trades Qualifications Act The Governor in Council on the report and recommendation of the Minister of Labour and Workforce Development dated February 24, 2009, and pursuant to

Section 29 of

Chapter 1 of the Acts of 2003, the Apprenticeship and Trades Qualifications Act, is pleased, effective on and after March 17, 2009, to (

a) repeal the regulations respecting the steamfitter/ pipefitter trade, N.S. Reg. 6/53, made by the Governor in Council by Order in Council dated October 13, 1953; and (

b) make regulations respecting the steamfitter/pipef itter trade in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation.

N.S. Reg. 62/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 180 © NS Registry of Regulations. Web version.

Schedule “A” Regulations Respecting the Steamfitter/Pipefitter Trade made by the Governor in Council pursuant to

Section 29 of

Chapter 1 of the Acts of 2003, the Apprenticeship and Trades Qualifications Act Citation 1 These regulations may be cited as the Steamfitter/Pipefitter Trade Regulations.

Definitions 2( 1 ) In these regulations, (a) “Act” means the Apprenticeship and Trades Qualifications Act; (b) “General Regulations” means the Apprenticeship and Trades Qualifications Act General Regulations made under the Act; (c) “steamfitter/pipefitter trade” means the occupa tion of a steamfitter/pipefitter, consisting of fabricating, installing, altering, maintaining and repairing any type of commercial or industrial piping system, including all of the following: (

i) hot liquid systems, (ii) high- and low-pressure steam systems, (iii) boilers and controls for boilers, (iv) control and indicating devices systems, (

v) heating and cooling systems, (vi) heat exchanger systems, (vii) process systems, (viii) power plant systems, (ix) compressed gas systems, (

x) vacuum, pneumatic and hydraulic systems, (xi) fire protection systems other than sprinkler systems, (xii) flue gases systems, (xiii) water treatment systems.

(2) The

definitions contained in the General Regulations apply to these regulations unless the context otherwise requires. Compulsory certified trade 3 The steamfitter/pipefitter trade is specified as a compulsory certified trade.

N.S. Reg. 62/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 © NS Registry of Regulations. Web version. 181 Person other than steamfitter/pipefitter performing work in the trade 4( 1 ) For the purpose of clause 22(2)(

e) of the Act, which allows a person who holds a certificate recognized by the Director to practise a compulsory certified trade, a person who does not hold a certificate of qualification in the steamfitter/pipefitter trade may perform steamfitter/pipefitter work if the person holds a certificate of qualification in another designated trade and the work to be performed comes within the scope of that other trade.

(2) An exemption under subsection 22(4) of the Act for a person who performs work in the steamfitter/pipefitter trade without meeting the requirements of subsection 22(2) of the Act may be made only if (

a) the person is an employee of an industria l or process plant and is trained to perform maintenance functions; and (

b) the work being performed involves repairing or modifying a piping system as a component of the regular maintenance of the system. Exemption application under General Regulations permitted 5 For the purposes of subsection 38(2) of the General Regulations, a joint application for an exemption from the application of subsections 22(2) and (3) of the Act is permitted for the steamfitter/pipefitter trade.

Term of apprenticeship 6 The term of apprenticeship for the steamfitter/pipefitter trade is 8000 hours of combined practical experience and technical training approved by the Director, including a probation period of no more than 3 months. Ratio of journeypersons to apprentices 7 An employer in the steamfitter/pipefitter trade must maintain a minimum ratio of 1 journeyperson to each apprentice, unless the Director permits the ratio to be varied in accordance with

Section 24 of the General Regulations. Wage

schedule for apprentices 8( 1 ) Subject to subsection (2), the minimum wage for each hour worked by a steamfitter/pipefitter apprentice is a percentage of the wage for a steamfitter/pipefitter journeyperson in the same place of employment, as set out in the following table: Wages for Steamfitter/Pipefitter Apprentice Hours in Term of Apprenticeship Minimum Wage (% of journeyperson’s wage) 0–1000 45% 1001–2000 50% 2001–3000 55% 3001–4000 60% 4001–5000 65% 5001–6000 70%

N.S. Reg. 62/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 182 © NS Registry of Regulations. Web version. 6001–7000 75% 7001–8000 80%

(2) An employer must not employ a steamfitter/pipefitter apprentice at a wage for actual hours worked that is lower than the wage that would be paid at the minimum wage rate prescribed in the Minimum Wage Order (General) made under the Labour Standards Code. Certificate through trade qualification 9 For the purpose of

Section 30 of the General Regulations, which authorizes the Director to issue a certificate of qualification in a designated trade to a person who does not hold a certificate of apprenticeship in the trade if the person applies and meets certain requirements, 12 000 hours is prescribed as the period of employment required for the steamfitter/pipefitter trade. Renewing certificate of qualification 10 An application for renewal of a certificate of qualification in the steamfitter/pipefitter trade must be made to the Director before the end of its expiry date at the end of each 5-year period.

Identity cards 11 As required by subsection 34(3) of the General Regulations, a steamfitter/pipefitter apprentice or journeyperson must produce their identity card on the request of (

a) the Director; or (

b) a person authorized by the Minister or the Director. Transition 12 A person who, immediately before the coming into force of these regulations, was an apprentice in an apprenticeship program under the regulations respecting the steamfitter/pipefitter trade, N.S. Reg. 6/53, made by the Governor in Council by Order in Council dated October 13, 1953, continues as an apprentice in that apprenticeship program under these regulations.

N.S. Reg. 63/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 © NS Registry of Regulations. Web version. 183 N.S. Reg. 63/2009 Made: March 17, 2009 Filed: March 17, 2009 Boilermaker Trade Regulations Order in Council 2009-130 dated March 17, 2009 Regulations made by the Governor in Council pursuant to

Section 29 of the Apprenticeship and Trades Qualifications Act The Governor in Council on the report and recommendation of the Minister of Labour and Workforce Development dated February 24, 2009, and pursuant to

Section 29 of

Chapter 1 of the Acts of 2003, the Apprenticeship and Trades Qualifications Act, is pleased, effective on and after March 17, 2009, to (

a) repeal the regulations respecting the boilermaker trade, N.S. Reg. 34/80, made by the Governor in Council by Order in Council 80-296 dated March 4, 1980; and (

b) make regulations respecting the boilermaker trade in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation.

Schedule “A” Regulations Respecting the Boilermaker Trade made by the Governor in Council pursuant to

Section 29 of

Chapter 1 of the Acts of 2003, the Apprenticeship and Trades Qualifications Act Citation 1 These regulations may be cited as the Boilermaker Trade Regulations.

Definitions 2( 1 ) In these regulations, (a) “Act” means the Apprenticeship and Trades Qualifications Act; (b) “boilermaker trade” means the work perform ed by a boilermaker in a heavy industrial establishment in assembling, erecting, repairing and testing field-assembled installations of (

i) boilers and associated equipment, (ii) pollution control equipment, (iii) pressure vessels, (iv) tanks, and (

v) furnaces; (c) “General Regulations” means the Apprenticeship and Trades Qualifications Act General Regulations made under the Act;

N.S. Reg. 63/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 184 © NS Registry of Regulations. Web version. (d) “heavy industrial establishment” includes a power plant, steel mill, heavy water plant, cement plant, oil refinery, chemical plant, incinerator plant, pulp and paper plant and any other establishment where an installation referred to in clause (

b) is required.

(2) The

definitions contained in the General Regulations apply to these regulations unless the context otherwise requires. Compulsory certified trade 3 The boilermaker trade is specified as a compulsory certified trade. Person other than boilermaker performing work in the trade 4 For the purposes of clause 22(2)(

e) of the Act, which allows a person who holds a certificate recognized by the Director to practise a compulsory certified trade, a person who does not hold a certificate of qualification in the boilermaker trade may perform boilermaker work if the person holds a certificate of qualification in another designated trade and the work to be performed comes within the scope of that other designated trade.

Exemption application under General Regulations permitted 5 For the purposes of subsection 38(2) of the General Regulations, a joint application for an exemption from the application of subsections 22(2) and (3) of the Act is permitted for the boilermaker trade. Term of apprenticeship 6 The term of apprenticeship for the boilermaker trade is 5400 hours of combined practical experience and technical training approved by the Director and must include a probationary period of no longer than 3 months.

Ratio of apprentices to journeypersons 7 An employer in the boilermaker trade must maintain a minimum ratio of 1 journeyperson to each apprentice, unless the Director permits the ratio to be varied in accordance with

Section 24 of the General Regulations. Wage

schedule 8( 1 ) Subject to subsections (2) and (3), the minimum wage for each hour worked by a boilermaker apprentice is a percentage of the wage for a boilermaker journeyperson in the same place of employment, as set out in the following table: Wages for Boilermaker Apprentice Hours in Term of Apprenticeship Minimum Wage (% of journeyperson’s wage) 0–1000 40% 1001–2000 50% 2001-3000 60% 3001-4000 70% 4001–5000 80% 5001–6000 90%

N.S. Reg. 63/2009 - 64/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 © NS Registry of Regulations. Web version. 185

(2) The increase in wages at the end of each 1000-hour period applies only if the boilermaker apprentice has successfully completed both the technical training and the practical experience for that period.

(3) An employer must not employ a boilermaker apprentice at a wage for actual hours worked that is lower than the wage that would be paid at the minimum wage rate prescribed in the Minimum Wage Order (General) made under the Labour Standards Code. Certificate through trade qualification 9 For the purpose of

Section 30 of the General Regulations, which authorizes the Director to issue a certificate of qualification in a designated trade to a person who does not hold a certificate of apprenticeship in the trade if the person applies and meets certain requirements, the prescribed period of employment required for the boilermaker trade is one of the following: (a) 8000 hours of practical experience; or (

b) if the person has completed a vocational tr aining course approved by the Director, 6000 hours of practical experience. Renewal of certificate of qualification 10 An application for renewal of a certificate of qualification in the boilermaker trade must be made to the Director before its expiry date at the end of each 5-year term. Identity cards 11 As required by subsection 34(3) of the General Regulations, a boilermaker apprentice or journeyperson must produce their identity card on the request of (

a) the Director; or (

b) a person authorized by the Minister or the Director. Transition 12 A person who on the coming into force of these regulations is an apprentice in an apprenticeship program under the trade regulations for the boilermaker trade, N.S. Reg. 34/80, made by the Governor in Council by Order in Council 80-296 dated March 4, 1980, continues as an apprentice in that apprenticeship program under these regulations. N.S. Reg. 64/2009 Made: March 17, 2009 Filed: March 17, 2009 Proclamation, S. 80, S.N.S. 2006, c. 21 Order in Council 2009-132 dated March 17, 2009 Proclamation made by the Governor in Council pursuant to

Section 80 of the Registered Nurses Act The Governor in Council on the report and recommendation of the Minister of Health dated February 27, 2009, and pursuant to

Section 80 of

Chapter 21 of the Acts of 2006, the Registered Nurses Act, is pleased to order and declare by proclamation that

Chapter 21 of the Acts of 2006, the Registered Nurses Act, do come into force on and not before April 1, 2009.

N.S. Reg. 64/2009 Royal Gazette

Part II - Regulations Vol. 33, No. 7 186 © NS Registry of Regulations. Web version. PROVINCE OF NOVA SCOTIA sgd: J. Michael MacDonald G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 80 of

Chapter 21 of the Acts of 2006, the Registered Nurses Act, it is enacted as follows: 80 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 21 of the Acts of 2006, the Registered Nurses Act, do come into force on and not before April 1, 2009; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 21 of the Acts of 2006, the Registered Nurses Act, do come into force on and not before April 1, 2009, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved His Honour the Honourable J. Michael MacDonald, Administrator of the Government of the Province of Nova Scotia.

AT Our Law Courts in the Halifax Regional Municipality, this 17th day of March in the year of Our Lord two thousand and nine and in the fifty-eighth year of Our Reign. BY COMMAND: sgd: Cecil P. Clarke Provincial Secretary Minister of Justice and Attorney General

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Part II - Regulations Vol. 33, No. 7 © NS Registry of Regulations. Web version. 187 N.S. Reg. 65/2009 Made: December 5, 2006 Approved: March 17, 2009 Filed: March 17, 2009 Registered Nurses Regulations Order in Council 2009-133 dated March 17, 2009 Regulations made by the Council of the College of Registered Nurses of Nova Scotia and approved by the Governor in Council pursuant to

Section 8 of the Registered Nurses Act The Governor in Council on the report and recommendation of the Minister of Health dated February 27, 2009, and pursuant to

Section 8 of

Chapter 21 of the Acts of 2006, the Registered Nurses Act, is pleased, effective on and after April 1, 2009, to approve of (

a) the repeal by the Council of the College of Registered Nurses of Nova Scotia of the Registered Nurses Regulations, N.S. Reg. 155/2001, made by the Council of the College of Registered Nurses of Nova Scotia and approved by the Governor in Council by Order in Council 2001-625 dated December 21, 2001; and (

b) new regulations made by the Council of the College of Registered Nurses of Nova Scotia respecting registered nurses in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation.

Schedule “A” I hereby certify that at a duly convened meeting of the Council of the College of Registered Nurses of Nova Scotia held on the December 5, 2006, the Council carried a motion to approve the attached regulations pursuant to subsection 8(1) of the

Chapter 21 of the Acts of 2006, the Registered Nurses Act. I further certify that at the same duly convened meeting, Council carried a motion to approve the repeal of the Registered Nurses Regulations, N.S. Reg. 155/2001, approved by the Governor in Council by Order in Council 2001-625 dated December 21, 2001. Dated at Halifax, Nova Scotia, this 10th day of April 2008. Council of the College of Registered Nurses of Nova Scotia Sgd.: Mary Ellen Gurnham Per: Mary Ellen Gurnham President Regulations Respecting Registered Nurses made by the Council of the College of Registered Nurses of Nova Scotia pursuant to

Section 8 of

Chapter 21 of the Acts of 2006, the Registered Nurses Act

Part I:

Interpretation and Amendment Citation 1 These regulations may be cited as the Registered Nurses Regulations.

Definitions for Act and regulations 2( 1 ) In these regulations,

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Web version. (a) “Act” means the Registered Nurses Act; (b) “assessment for incapacity” mean s an assessment by a health care professional licensed in the Province with an expertise in assessing incapacity; (c) “caution” means a determination by the Co mplaints Committee that a member has breached the standards of professional ethics or practice expected of members in circumstances that do not constitute professional misconduct, conduct unbecoming, incompetence or incapacity, and a caution is not considered to be a licensing sanction; (d) “competence assessment” means a process appr oved by the Executive Director for assessing competencies that uses the methods and tools in

Section 6; (e) “competencies” means the specific knowledge, skills and judgment required for a registered nurse or nurse practitioner to be considered competent in a designated role and practice setting; (f) “competent” means the ability to integrate and apply the knowledge skills and judgment required to practice safely and ethically in a designated role and practice setting; (g) “counsel” means a determination by the Comp laints Committee that a member could benefit from professional guidance from the College about the subject matter of the complaint, but the member’s conduct does not constitute professional misconduct, conduct unbecoming, incompetence or incapacity, and a counsel is not considered to be a licensing sanction; (h) “licensing year” means a 12-month period determined by the Council; (i) “nurse practitioner examination” means an examination or examinations approved by the Council that assess the competency of nurse practitioners; (j) “nurse practitioner re-entry program” means a program approved by the Council that tests nurse practitioner knowledge and provides for a period of preceptored clinical practice; (k) “remedial agreement” means an agreemen t approved by the Fitness to Practise Committee setting out the terms and conditions to be met by a member to address issues of incapacity.

(2) In the Act and these regulations, (a) “conduct unbecoming” means conduct in a member’s personal or private capacity that tends to bring discredit upon the nursing profession; (b) “drugs” includes controlled substances under the Controlled Drugs and Substances Act (Canada); (c) “practice settings” includes acute-care setti ngs, community-based settings and non-acute care settings; (d) “witness” is further defined to incl ude the College and its representatives.

(3) For the purposes of

Section 36 of the Act only, “Complaints Committee” is further defined to include an investigator.

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Part II: Registration, Licensing and Membership Register and Licensing Rosters Information on Register 4 In addition to the name of the person qualified, as required by subsection 9(1) of the Act, the Register must contain all of the following information for each member: (

a) a unique registration number; (

b) the name and location of the school of nursing attended; (

c) the year the member graduated from the school of nursing; (

d) the date of entry in the Register. Categories of licences 5( 1 ) The following are the categories of licences under the Act: (

a) active-practising; (

b) active-practising with conditions or restrictions; (

c) transitional; (

d) transitional with conditions or restrictions; (

e) temporary; (

f) temporary with conditions or restrictions; (

g) nurse practitioner; (

h) nurse practitioner with conditions or restrictions; (

i) temporary (nurse practitioner); (

j) temporary (nurse practitioner) with conditions or restrictions.

(2) The roster for each category of licence must be made available to the public. Registration Competence assessment 6( 1 ) The methods used in a competence assessment may include, but are not limited to, interviewing, verification of documents, observation, reflective practice, self-assessments or testing.

(2) The tools used in a competence assessment may include, but are not limited to, chart audits, self-assessments, written tests or live demonstrations of competencies. Qualifications for registration for graduates of nursing education programs 7( 1 ) The following are the qualifications for registration of a graduate of a nursing education program: (

a) graduation from a nursing education program;

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b) if the applicant graduated from a nursing edu cation program other than a nursing education program in the Province, current or previous registration in the original jurisdiction where the applicant completed the program referred to in clause (a); (

c) successful completion of the applicable regi stration examinations approved by the Council; (

d) payment of the applicable registration fee prescribed by the Council; (

e) if the applicant was previously practising in any other jurisdiction, the applicant held an active-practising licence or its equivalent in the jurisdiction where the applicant last practised; (

f) demonstrated proficiency in the English langua ge in the manner determined by the Executive Director; (

g) meeting the criteria for entry in any of the following rosters: (

i) the active-practising roster, (ii) the active-practising with conditions or restrictions roster, (iii) the transitional licence roster, (iv) the transitional licence with conditions or restrictions roster.

(2) If the Executive Director is satisfied that an applicant meets all of the criteria required by subsection (1), the applicant’s name must be entered in the register. Qualifications for registration for graduates of programs other than nursing education programs before December 31, 2007 8( 1 ) The following are the qualifications required for registration of a person who graduated from a nursing program, other than a nursing education program, before December 31, 2007: (

a) graduation from a nursing program before December 31, 2007, that (

i) is not a nursing education program, and (ii) qualified the applicant to be a registered nurse or equivalent in the jurisdiction of the program; (

b) successful completion of a competence assessment, unless the program referred to in clause (

a) meets 1 of the following: (

i) the program is substantia lly equivalent, as determined by the Executive Director, to nursing programs that were accredited or approved in the Province at the time of the applicant’s graduation, (ii) the program, together with 1 of the followi ng, is substantially equivalent, as determined by the Executive Director, to nursing programs that were accredited or approved in the Province at the time of the applicant’s graduation: (

A) the experience acquired by the applicant, (

B) any additional training required by the Executive Director and completed by the applicant;

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c) current or previous registration in the origin al jurisdiction where the applicant completed the program referred to in clause (a); (

d) meeting the registration qualifications in clauses 7(

c) to (f); (

e) meeting the criteria for entry in 1 of the following rosters: (

i) the active-practising roster, (ii) the active-practising with conditions or restrictions roster.

(2) If the Executive Director is satisfied that an applicant meets all of the criteria required by subsection (1), the applicant’s name must be entered in the register. Qualifications for registration for graduates of programs other than nursing education programs on or after December 31, 2007 9( 1 ) The following are the qualifications required for registration of a person who graduated from a nursing program, other than a nursing education program, in another province or territory in Canada, on or after December 31, 2007: (

a) graduation from a nursing program in another pr ovince or territory in Canada on or after December 31, 2007, that (

i) is not a nursing education program, and (ii) qualified the applicant to be a registered nurse or equivalent in the jurisdiction of the nursing program at the time the applicant graduated from the nursing program; (b) 1 of the following: (

i) the program referred to in clause (

a) together with any additional education or experience acquired by the applicant provides equivalent competencies, as determined by the Executive Director, to a baccalaureate nursing program approved by the Council, (ii) the applicant meets the criteria fo r entry in 1 of the following rosters: (

A) the transitional roster, (

B) the transitional with conditions or restrictions roster; (

c) current or previous registration in the origin al jurisdiction where the applicant completed the program referred to in clause (a); (

d) meeting the registration qualifications in clauses 7(

c) to (f).

(2) The following are the qualifications required for registration of a person who graduated from a nursing program, other than a nursing education program, outside of Canada, on or after December 31, 2007, and who is not currently registered in another province or territory in Canada: (

a) graduation from a nursing program outside of Canada on or after December 31, 2007, that (

i) is not a nursing education program, and (ii) qualified the applicant to be a registered nurse or equivalent in the jurisdiction of the nursing program at the time the applicant graduated from the nursing program;

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i) the program referred to in clause (

a) together with any additional education or experience acquired by the applicant provides equivalent competencies, as determined by the Executive Director, to a baccalaureate nursing program approved by the Council, (ii) the applicant meets the criteria fo r entry in 1 of the following rosters: (

A) the transitional roster, (

B) the transitional with conditions or restrictions roster; (

c) current or previous registration in the origin al jurisdiction where the applicant completed the program referred to in clause (a); (

d) meeting the registration qualifications in clauses 7(

c) to (f).

(3) The following are the qualifications required for registration of a person who graduated from a nursing program, other than a nursing education program, outside of Canada on or after December 31, 2007, and who is currently registered in another province or territory in Canada: (

a) graduation from a nursing program outside of Canada on or after December 31, 2007, that (

i) is not a nursing education program, and (ii) qualified the applicant to be a registered nurse or equivalent in the jurisdiction of the nursing program at the time the applicant graduated from the nursing program; (b) 1 of the following: (

i) the program referred to in clause (

a) together with any additional education or experience acquired by the applicant provides equivalent competencies, as determined by the Executive Director, to a baccalaureate nursing program approved by the Council, (ii) the applicant meets the criteria fo r entry in 1 of the following rosters: (

A) the transitional roster, (

B) the transitional with conditions or restrictions roster; (

c) current or previous registration in the origin al jurisdiction where the applicant completed the program referred to in clause (a); (

d) meeting the registration qualifications in clauses 7(

c) to (f).

(4) If the Executive Director is satisfied that an applicant meets all of the criteria required by subsections (1), (2) or (3), the applicant’s name must be entered in the register. Active Practising Members Criteria for entry in active-practising roster 10 The Executive Director must record the name of a member in the active-practising roster who meets all of the following criteria:

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a) the member has paid the applicab le licence fee prescribed by the Council; (

b) the member is not currently subject to any disciplinary finding that would prohibit the practice of nursing; (

c) the member is not currently under investiga tion by any registration or licensing authority; (

d) the member has provided any information the Executive Director requires to establish that the applicant has the capacity, competence, capability and character to safely and ethically practise nursing; (

e) the member has provided any information th e Executive Director requires to establish that

Section 43 of the Act does not apply to the applicant; (

f) except as provided in

Section 23, the member has completed the requirements of a continuing competence program; (

g) the member meets 1 of the following: (

i) the member has graduated from a nursing education program or equivalent program required by clause 8(1)(

a) or (

b) or subclause 9(1)(b)(i), 9(2)(b)(

i) or 9(3)(b)(

i) in the 5 years immediately before their application for entry in the active-practising roster, (ii) the member has completed at least 1125 hours in the practice of nursing in the 5 years immediately before their application for entry in the active-practising roster, (iii) the member has completed at least 450 hours in the practice of nursing in the year immediately before their application for entry in the active-practising roster, (iv) as determined by the Executive Director , the member has successfully completed 1 of the following in the 5 years immediately before their application for entry in the active-practising roster: (

A) a registered nurse re-entry program, (

B) a competence assessment, (

C) a program approved by the Council; (

v) the member is enrolled in and attendi ng a nursing program approved by the Executive Director, and has met all other criteria for entry in the active-practising roster at the time they enrolled in the program; (

h) the member’s ability to practise nursing is not subject to any conditions or restrictions. Entitlements of members in active-practising roster 11 A member whose name is in the active-practising roster is entitled to all of the following: (

a) use the designation “Registered Nurse”, “Nurse”, or “nurse” or the abbreviation “R.N.”, “RN”, or “Reg.N” in accordance with the Act; (

b) practise nursing in accordance with the Act;

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c) be covered under any protective funds to whic h the College belongs or any group insurance plan in which members are enrolled; (

d) upon election to the Council, hold office; (

e) be eligible to serve as an appointed member on any committee of the College; (

f) be eligible to act as a voting delegate to the annual or special meeting of the College; (

g) receive copies of official College publications; (

h) attend and participate in meetings of the College. Criteria for active-practising with conditions or restrictions roster 12

(1) The Executive Director must record the name of a member in the active-practising with conditions or restrictions roster who meets all of the criteria for entry in the active-practising roster in

Section 10 other than the criterion in clause (h), and has conditions or restrictions placed on their licence as a result of any of the following: (

a) the conditions or limitations are conti nued from the member’s previous licence under subsection 10(6) of the Act; (

b) the conditions or restrictions are placed on the member’s licence by Executive Director under subsection 11(2) of the Act; (

c) the conditions or restrictions are placed on the member’s licence as a result of a decision of any of the following committees, or an equivalent committee from another jurisdiction: (

i) the Complaints Committee, (ii) the Fitness to Practise Committee, (iii) the Professional Conduct Committee, (iv) the Re-instatement Committee, (

v) the Registration Appeal Committee, (vi) any committee of the College authorized to impose conditions or restrictions on an active practising licence. Entitlements of members in active-practising with conditions or restrictions roster 13 A member in the active-practising with conditions or restrictions roster is entitled to all of the privileges listed in

Section 11, subject to the particular conditions or restrictions that are placed on the member’s licence. Members in Transitional Rosters Criteria for entry in transitional roster 14 The Executive Director must record the name of a member in the transitional roster who meets all of the following criteria: (

a) the member meets all the qualifications fo r registration required by

Section 9 other than subclauses 9(1)(b)(i), 9(2)(b)(

i) and 9(3)(b)(i);

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b) the member has paid the applicable fee prescribed by the Council; (

c) the member meets all of the criteria for entry in the active-practising roster in clauses 10(

b) to (

g) other than the criterion in subclause (g)(i); (

d) the member is enrolled in a baccalaureate nursing program approved by the Council, and has agreed to complete the requirements of the baccalaureate nursing program no later than 5 years after the date a transitional licence is first issued to the member. Entitlements of members in transitional roster 15 A member in the transitional roster is entitled to all of the privileges listed in

Section 11. Criteria for entry in transitional with conditions or restrictions roster 16 The Executive Director must record the name of a member in the transitional with conditions or restrictions roster who meets all of the criteria for entry in the transitional roster required by

Section 14 and has conditions or restrictions placed on their licence as a result of any of the following: (

a) the conditions or restrictions are placed on the member’s licence by [the] Executive Director under subsection 11(2) of the Act; (

b) the conditions or restrictions are placed on the member’s licence as a result of a decision of any of the following committees, or an equivalent committee from another jurisdiction: (

i) the Complaints Committee, (ii) the Fitness to Practise Committee, (iii) the Professional Conduct Committee, (iv) the Re-instatement Committee, (

v) the Registration Appeal Committee, (vi) any committee of the College authorized to impose conditions or restrictions on a transitional licence. Entitlements of members in transitional with conditions or restrictions roster 17 A member in the transitional with conditions or restrictions roster is entitled to all the privileges listed in

Section 11, subject to the particular conditions or restrictions that are placed on the member’s licence. Maximum years that transitional licence may be renewed 18 The maximum number of years that a transitional licence or transitional licence with conditions or restrictions may be renewed under subsection 12(2) of the Act is 5 years from the date the licence is first issued, unless the Executive Director, after a review of the circumstances, determines that the member is eligible for an extension. Nurse Practitioner Members Criteria for entry in nurse practitioner roster 19

(1) The Executive Director must record the name of a member in the nurse practitioner roster who meets all of the following criteria: (

a) the member holds either (

i) an active-practising licence, or

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b) the member has paid the applicab le licence fees prescribed by the Council; (

c) the member is not currently subject to any disciplinary finding that would prohibit the applicant from practising as a nurse practitioner; (

d) the member has provided any information the Executive Director requires to establish that the applicant has the capacity, competence, capability and character to safely and ethically engage in the practice of a nurse practitioner; (

e) for the member’s first application for entry in the nurse practitioner roster, the member has 1 of the following qualifications: (

i) the member successfully completed a nurse practitioner examination, (ii) if a nurse practitioner examination is not available, the member successfully completed a competence assessment determined by the Executive Director, (iii) the member graduated from a nurse pr actitioner program before January 1, 2007; (

f) the member has completed 1 of the following programs: (

i) a nurse practitioner program, (ii) a nursing program that the Council determin es to have been, at the time the applicant graduated, equivalent to a nurse practitioner program, (iii) a nursing program before January 1, 2005, that, in addition to a nursing education program and the experience acquired by the applicant, satisfies the Nurse Practitioner Committee that the applicant possesses the necessary competencies to practise as a nurse practitioner; (

g) except as provided in

Section 23, the member has completed the nurse practitioner requirements of a continuing competence program; (

h) the member complies with subsection (2), if the member (

i) graduated from a nurse practitioner program or its equivalent more than 2 years before their application for entry in the nurse practitioner roster, or (ii) met the requirements of subclause (1)(f)(iii) more than 2 years before their application for entry in the nurse practitioner roster; (

i) the member’s ability to practise as a nurse practitioner is not subject to any conditions or restrictions.

(2) A member to whom clause (1)(

h) applies must meet 1 of the following criteria: (

a) completion of at least 600 hours of practice as a nurse practitioner in the 2 years immediately before their application for entry in the nurse practitioner roster;

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b) completion of 1 of the following, as determin ed by the Executive Director, in the 2 years immediately before their application for entry in the nurse practitioner roster, to determine that the member is competent to practise as a nurse practitioner in a setting that is relevant to the practice and to the client population to be served by the member: (

i) a nurse practitioner re-entry program, (ii) a competence assessment to the satisfaction of the Nurse Practitioner Committee, at the applicant’s expense, (iii) any program approved by the Council. Entitlements of members in nurse practitioner roster 20 A member whose name is in the nurse practitioner roster is entitled to all of the privileges listed in

Section 11, and to do all of the following: (

a) practise as a nurse practitioner in accordance with the Act; (

b) use the designation “Nurse Practitioner”, or th e abbreviation “NP”, “N.P.”, or derivations thereof in accordance with the Act. Criteria for entry in nurse practitioner with conditions or restrictions roster 21 The Executive Director must record the name of a member in the nurse practitioner with conditions or restrictions roster who meets all the criteria for entry in the nurse practitioner’s roster in

Section 19 other than the criterion in clause (i), and has conditions or restrictions imposed on their licence as a result of 1 of the following: (

a) the conditions or restrictions are placed on the member’s licence by the Executive Director under subsection 57(2) of the Act; (

b) the conditions or restrictions are placed on the member’s licence as a result of a decision of any of the following committees, or an equivalent committee from another jurisdiction: (

i) the Complaints Committee, (ii) the Fitness to Practise Committee, (iii) the Professional Conduct Committee, (iv) the Re-instatement Committee, (

v) the Registration Appeal Committee, (vi) any committee of the College authorized to impose conditions or restrictions on a nurse practitioner licence. Entitlements of member in nurse practitioner with conditions or restrictions roster 22 Subject to the particular conditions or restrictions imposed on the member’s licence, a member in the nurse practitioner with conditions or restrictions roster is entitled to all of the privileges listed in

Section 20.

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(1) An applicant for entry in any of the following rosters who satisfies all the criteria for entry into the roster other than completing the requirements of a continuing competence program may be entered into the roster to enable the applicant a total of no more than 3 consecutive months to complete the requirements of the continuing competence program: (

a) active-practising roster; (

b) active-practising with conditions or restrictions roster; (

c) transitional roster; (

d) transitional with conditions or restrictions roster; (

e) nurse practitioner roster; (

f) nurse practitioner with conditions or restrictions roster.

(2) A licence that is issued subject to subsection (1) expires on the earliest of all of the following dates: (a) 3 months after the licence’s effective date; (

b) the last day of the licensing year the licence was issued for; (

c) the date the applicant completes the require ments of the continuing competence program and is issued a new licence for the remainder of the licensing year.

(3) A licence issued to an applicant that is subject to subsection (1) cannot be renewed or re-issued during a licensing year.

(4) The Executive Director must annotate the roster for all licences issued subject to subsection (1). Restrictions or conditions on previous licence 24 Restrictions or conditions imposed on a member’s licence that have not expired remain in effect on any new licence issued to the member. Term and renewal of licence other than temporary licence 25

(1) A licence remains in effect until the end of the licensing year in which it is issued, unless (

a) these regulations provide that the licence expi res earlier than the end of the licensing year; (

b) it is suspended; (

c) it is revoked; (

d) it is replaced with a licence with restrictions or conditions.

(2) The Executive Director must renew a licence that is renewable if the licence holder does all of the following: (

a) applies for renewal and pays the appli cable renewal fee prescribed by the Council; (

b) meets all remaining criteria for entry in the a pplicable roster, except any requirement to pay fees for initial entry into the roster.

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(1) The Executive Director must remove the name of a member who does not renew their licence in accordance with subsection 25(2) from the applicable roster, effective the day after their licence expires, and the member becomes a non-active member until their name is restored under subsection (2).

(2) The Executive Director must restore the name of a non-active member referred to in (1) to the applicable roster when the member meets the renewal requirements in subsection 25(2) and pays any applicable penalty amount. Waiver by Executive Director of criteria for registration or licensing 27 The Executive Director may waive any of the criteria for registration or licensing required by these regulations for either of the following reasons: (

a) it is required by law; (

b) it is consistent with the objects and pur pose of the College and the Executive Director considers it necessary. Temporary Licence Holders Entitlements of temporary licence holders 28 The Executive Director may decide whether the holder of a temporary licence or temporary licence (nurse practitioner), with or without conditions or restrictions, is permitted to use the designations set out in (

a) for a temporary licence, clause 11(a); (

b) for a temporary licence (nurse practitioner), clause 20(b). Expiry of temporary licences 29

(1) A temporary licence or a temporary licence with conditions or restrictions, issued under

Section 14 of the Act expires on the earliest of all of the following dates: (

a) the date the College receives notice that the licence holder has failed the applicable registration examinations; (

b) the date that a licence, other than a tem porary licence, is issued to the licence holder; (

c) the expiry date of the licence; (

d) the date the licence is suspended or revoked under the professional conduct process.

(2) A temporary licence (nurse practitioner) or a temporary licence (nurse practitioner) with conditions or restrictions issued under

Section 59 of the Act expires on the earliest of all of the following dates: (

a) the date the College receives notice that the licence holder has failed the applicable nurse practitioner examination; (

b) the date that a nurse practitioner’s licence is issued to the licence holder; (

c) the expiry date of the licence; (

d) the date the licence is suspended or revoked under the professional conduct process.

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Part II - Regulations Vol. 33, No. 7 200 © NS Registry of Regulations. Web version. Temporary licence not renewable 30 A temporary licence or temporary licence (nurse practitioner), with or without conditions or restrictions, is not renewable. Affiliations Categories of affiliation 31 The following are the categories of affiliation under the Act: (

a) non-practising; (

b) non-active; (

c) honorary-life; (

d) honorary; (

e) student; (

f) registered nurse (retired). Non-practising members 32

(1) A member is entitled to become a non-practising member if the member meets all of the following criteria: (

a) the member was eligible in the past for entry in 1 of the following rosters: (

i) active-practising roster, (ii) active-practising with conditions or restrictions roster, (iii) transitional roster, (iv) transitional roster with conditions or restrictions roster; (

b) the member is not subject to any disciplinary finding that would prohibit them from practising nursing; (

c) the member is not currently practising nursing in the Province; (

d) the member has paid the applicable fee prescribed by the Council.

(2) A non-practising member is entitled to all of the following: (

a) attend and participate in, but not vote at, meetings of the College; (

b) be eligible to serve as a member on any comm ittee of the College, but is not eligible for election to the Council; (

c) receive copies of the official College publications. Non-active members 33

(1) A member whose name does not appear on any roster, and who is not a non-practising member is a non-active member of the College.

(2) A non-active member is entitled to attend and participate in, but not vote at, meetings of the College.

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(1) By resolution, the Council may grant an honorary life membership to a member who has rendered distinguished or valuable service to the nursing profession.

(2) An honorary life member is entitled to all of the following: (

a) remain entered in the applicable roster if the member meets the prescribed criteria for the licence category; (

b) the same rights and privileges as a non-practising member under subsection 32(2). Honorary affiliation 35

(1) By resolution, the Council may grant an honorary affiliation with the College to any person, other than a member, who has rendered distinguished service or valuable assistance to the nursing profession.

(2) A person whose name is entered in the honorary category of affiliation is entitled to the same rights and privileges as a non-practising member, along with any other rights and privileges the Council may grant. Student affiliation 36

(1) A student may be entered in the student category of affiliation if the student meets all of the following criteria: (

a) they are currently enrolled as a student in a nursing program approved by the Council for affiliation purposes; (

b) they have paid the applicable fee prescribed by the Council.

(2) A student whose name is entered in the student category of affiliation is entitled to all of the following: (

a) attend and participate in, but not vote at, meetings of the College; (

b) receive official College publications. Registered nurse (retired) affiliation 37

(1) A registered nurse (retired) affiliation may be granted to any person who applies and meets all of the following criteria: (

a) they previously held an active practising li cence or its equivalent from another jurisdiction; (

b) they have not had their licence revoked and not reinstated; (

c) they do not currently hold an active-practising licence; (

d) they are not practising nursing or holding themselves out as having the authority to practise nursing.

(2) A person who is granted a registered nurse (retired) affiliation is entitled to use the designation “registered nurse (retired)”, or any derivation or abbreviation of it.

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Section 31.

Part III: Records and Audit of Records Records of members’ hours of work 39

(1) A member must keep a record of the hours that the member worked in the practice of nursing that covers at least the immediately previous 5 years.

(2) A member who has worked as a nurse practitioner must keep a record of the hours that the member worked in the practice of a nurse practitioner that covers at least the immediately previous 2 years. Audit of records 40 The College may at any time conduct an audit of records kept under

Section 39 to ensure the validity of data that is recorded on applications to the College respecting hours worked in the practice of nursing or as a nurse practitioner.

Part IV: Committees Education Advisory Committee Nursing education programs 41 For a nursing education program, the Education Advisory Committee must ensure all of the following: (

a) the curriculum provides the necessary learning experiences for students to achieve professional practice and ethical standards and entry-level competencies; (

b) program activities and resources support the achievement of program goals and expected outcomes; (

c) the program provides students with opportunities to demonstrate progress toward achieving professional practice and ethical standards and entry-level competencies; (

d) the program provides appropriate clinical experience and assessment of that experience to ensure that students meet the entry-level competencies; (

e) the program prepares graduates to practise according to professional practice and ethical standards and the competency requirements for entry-level practitioners. Nurse practitioner program 42 For a nurse practitioner program, the Education Advisory Committee must ensure all of the following: (

a) the curriculum provides the necessary learning experiences for students to achieve professional practice and ethical standards and entry-level competencies for beginning nurse practitioners; (

b) program activities and resources support the achievement of program goals and expected outcomes; (

c) the program provides students with opportunities to demonstrate progress toward achieving professional practice and ethical standards and entry-level competencies for beginning nurse practitioners;

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d) the program provides appropriate clinical experience and assessment of that experience to demonstrate that graduates of the program are competent to practise as beginning nurse practitioners; (

e) the program prepares graduates to practise according to practice and ethical standards and entry-level competencies for beginning nurse practitioners. Registered nurse re-entry program 43 For a registered nurse re-entry program, the Education Advisory Committee must ensure all of the following: (

a) the curriculum provides learning experiences necessary for learners to achieve professional practice and ethical standards and entry-level competencies; (

b) program activities and resources support the achievement of program goals and expected outcomes; (

c) learners are provided with opportunities to demonstrate progress towards achieving professional practice and ethical standards and entry-level competencies; (

d) the program provides appropriate clinical experience and assessment of that experience to demonstrate that graduates of the program meet entry-level competencies; (

e) graduates are prepared to practise according to practice and ethical standards and entry-level competencies. Nurse practitioner re-entry program 44 For a nurse practitioner re-entry program, the Education Advisory Committee must ensure all of the following: (

a) the curriculum provides learning experiences necessary for learners to achieve professional practice and ethical standards and nurse practitioner competencies; (

b) program activities and resources support the achievement of program goals and expected outcomes; (

c) learners are provided with opportunities to demonstrate progress towards achieving professional practice and ethical standards and nurse practitioner competencies; (

d) the program provides appropriate clinical experience and assessment of that experience to demonstrate that graduates of the program meet nurse practitioner competencies; (

e) graduates are prepared to practise according to practice and ethical standards and nurse practitioner competencies. Interdisciplinary NP Practice Review Committee Composition of Interdisciplinary NP Practice Review Committee 45 The Interdisciplinary NP Practice Review Committee consists of all of the following: (a) 3 community-based nurse practitioners appointed by the Council; (b) 3 acute-care-based nurse practitioners appointed by the Council;

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Web version. (c) 2 nurse practitioners engaged in the educati on of nurse practitioners, appointed by the Council; (d) 1 representative appointed by the College of Physicians and Surgeons of Nova Scotia, with power to designate an alternate physician representative; (e) 1 representative appointed by the College of Pharmacists of Nova Scotia, with power to designate an alternate pharmacist representative; (f) 1 representative from employers of nurse practitioners in the Province, appointed by the Council; (g) 1 public representative member of the Council.

Quorum of Interdisciplinary NP Practice Review Committee 46 A quorum of the Interdisciplinary NP Practice Review Committee consists of all of the following: (a) 2 representatives from the nurse practitioners appointed under clause 45(a); (b) 2 representatives from the nurse practitioners appointed under clause 45(b); (c) 1 representative from the nurse practitioners appointed under clause 45(c); (

d) the representatives appointed under clauses 45(

d) and (e), or their alternates; (d) [(e)] the employer representative appointed under clause 45(

f) or the public representative appointed under clause 45(g). Functions of the Interdisciplinary NP Practice Review Committee 47

(1) At intervals approved by the Council, and in the manner determined by the Council, the Interdisciplinary NP Practice Review Committee must review the practice of nurse practitioners through a quality monitoring and improvement program.

(2) Each person on the Interdisciplinary NP Practice Review Committee has all the rights, powers and privileges of a commissioner appointed under the Public Inquiries Act. Composition of Nurse Practitioner Committee 48 The Nurse Practitioner Committee must be composed of the representatives determined by the Council. Quorum of Nurse Practitioner Committee 49 A quorum of the Nurse Practitioner Committee consists of any 3 members of the Committee. Functions of the Nurse Practitioner Committee 50

(1) The Nurse Practitioner Committee must conduct competence assessments for nurse practitioners, or applicants for entry in the nurse practitioner’s roster or nurse practitioner with conditions or restrictions roster in any of the following circumstances: (

a) a nurse practitioner has changed practice setti ngs or is working with a different client population; (

b) a competence assessment is required by the Act or these regulations.

(2) If, after conducting a competence assessment, the Nurse Practitioner Committee finds that a nurse practitioner may not be practising in accordance with the standards for nurse practitioners or the competencies established for nurse practitioners, the Nurse Practitioner Committee may

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a) request that the nurse practitioner take any remedial action the Committee considers appropriate; and (

b) refer the matter to the Executive Director if the remedial action requested under clause (

a) is not taken.

Part V: Professional Conduct Investigation and Executive Director Disposition of Complaint Executive Director actions on receiving complaint 51 On receiving a complaint under

Section 35 of the Act, the Executive Director must do 1 of the following: (

a) dismiss the complaint and notify the complainan t and the respondent of this disposition if the Executive Director decides that any of the following apply: (

i) the complaint is outside the jurisdiction of the College, (ii) the complaint cannot be substantiated, (iii) the complaint is frivolous or vexatious, (iv) the complaint constitutes an abuse of process, (

v) the complaint does not allege facts th at, if proven, would constitute professional misconduct, conduct unbecoming, incompetence or incapacity, or would merit a counsel or a caution, or both; (

b) informally resolve the complaint if the Executiv e Director considers that the complaint may be satisfactorily resolved consistent with the objects of the College; (

c) authorize the resignation of the member; (

d) if the matter is not referred to the Fitness to Practise Committee, begin an investigation by sending copies of the complaint to an investigator and the respondent. Investigating complaint 52

(1) When investigating a complaint under clause 51(d), an investigator may do 1 or more of the following: (

a) request additional documents and written or oral explanations from the complainant, the respondent or third parties; (

b) request an interview with the compla inant, the respondent or third parties; (

c) informally resolve the complaint in the inter ests of the respondent, the complainant, the public and the College.

(2) An investigator may investigate any matter relating to the respondent that arises in the course of the investigation, in addition to the complaint, that may constitute any of the following: (

a) professional misconduct; (

b) conduct unbecoming; (

c) incompetence;

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d) incapacity.

(3) A respondent may submit medical and any other information relevant to the complaint to an investigator.

(4) After completing an investigation, an investigator must send a report of the investigation to the Executive Director, Actions of Executive Director after investigation 53 On receiving a report from an investigator under subsection 52(4), the Executive Director may do 1 of the following: (

a) dismiss the complaint and notify the complain ant and the respondent if the Executive Director is satisfied that (

i) any of the criteria in subclauses 51(a)(

i) to (

v) apply, or (ii) the evidence that might reasonably be believed could not support a finding of misconduct, conduct unbecoming, incompetence or incapacity, or would not merit a counsel or a caution, or both; (

b) informally resolve the complaint if the Execu tive Director determines that the complaint may be satisfactorily resolved consistent with the objects of the College, and that failure to resolve the complaint will result in the complaint being referred to the Complaints Committee; (

c) authorize the resignation of the member; (

d) refer the complaint and the report of th e investigation to the Complaints Committee. Fines imposed for practising without licence 54

(1) If the Executive Director is satisfied that an investigation establishes that a member has practised nursing while the member did not hold a valid licence, the Executive Director may fine the member an amount approved by the Council.

(2) If a member fails to pay a fine imposed under subsection (1), the Executive Director must immediately refer the matter to the Complaints Committee.

(3) On receiving a referral under subsection (2), the Complaints Committee may direct the Executive Director to suspend the member’s licence or suspend the ability of the member to obtain a licence until the fine is paid, together with any reinstatement fee ordered by the Complaints Committee.

(4) A fine imposed on a member under subsection (1) is not a licensing sanction against the member and must not be reported on a certificate of standing sent to other nursing jurisdictions.

(5) The Executive Director may take such steps, at the expense of a member who has been suspended for non-payment of a fine under this Section, to bring the suspension to the attention of the public and other affected individuals the Executive Director considers necessary. Review of complaint dismissal 55

(1) No later than 30 days after a complainant is notified of the dismissal of their complaint by the Executive Director, the complainant may submit a written request for review of the dismissal to the Executive Director.

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(2) The Executive Director must send any request for review of a complaint dismissal received in accordance with subsection (1) to the Complaints Committee.

(3) A review of a complaint dismissal must be made by a 3-member panel of the Complaints Committee appointed under subsection 33(5) of the Act and designated by the Chair of the Committee to conduct the reviews.

(4) On reviewing a complaint dismissal under this Section, a panel of the Complaints Committee may, by majority ruling, do any of the following: (

a) confirm the dismissal of some or all of the complaint; (

b) order an investigation of any aspects of the co mplaint that have not been dismissed and direct that a written report of the investigation be provided and the matter be considered by another panel of the Complaints Committee appointed under subsection 33(5) of the Act. Referring complaint to Complaints Committee during investigation 56 The Executive Director may refer a complaint to the Complaints Committee at any time during an investigation for the Complaints Committee to (

a) provide direction with rega rd to the investigation; or (

b) exercise any of the powers conferre d upon it under the Act and these regulations. Additional information to Complaints Committee 57

(1) At any time, the Complaints Committee may direct an investigator to conduct any investigation the Complaints Committee considers necessary.

(2) At any time before or during a meeting held under clause 58(1)(b), the Complaints Committee may receive information in addition to the report of the investigation if the information is relevant to the matters before it.

(3) If the Complaints Committee receives additional information under subsection (2), the respondent must be given an opportunity to respond to the information. Complaints Committee Disposition of Complaint Powers of Complaints Committee and disposition of complaint 58

(1) When a matter is referred to a Complaints Committee, it must do 1 of the following: (

a) dismiss the complaint and provide any guidan ce the Complaints Committee considers useful to the complainant, the respondent or any other person associated with the complaint, if the Complaints Committee determines that any of the following apply: (

i) the complaint is outside the jurisdiction of the College, (ii) the complaint cannot be substantiated, (iii) the complaint is frivolous or vexatious, (iv) the complaint constitutes an abuse of process, (

v) the complaint does not allege facts th at, if proven, would constitute professional misconduct, conduct unbecoming, incompetence or incapacity, or would merit a counsel or a caution, or both;

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b) give the complainant, the respondent, a nd any other person the Complaints Committee considers appropriate a reasonable opportunity to appear before the Complaints Committee and to submit representations, explanations and documentation, including medical information and other information relevant to the complaint.

(2) After the Complaints Committee has given the parties the opportunity to appear before the Committee under clause (1)(b), the Complaints Committee may require the respondent to do 1 or more of the following: (

a) submit to physical or mental examinations by a qualified person or persons designated by the Complaints Committee, and authorize the reports from the examinations to be given to the Complaints Committee; (

b) submit to a review of their practice by a qualified person or persons designated by the Complaints Committee, and authorize a copy of the review to be given to the Complaints Committee; (

c) complete a competence assessment or othe r assessment or examination the Complaints Committee directs to determine whether the respondent is competent to practise nursing, and authorize the assessment or examination report to be given to the Complaints Committee; (

d) produce any records or documents kept about the respondent’s practice.

(3) After the Complaints Committee has given the parties