© NS Registry of Regulations. Web version. 203

Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 29, No. 9 May 13, 2005 Contents Act Reg. No. Page Dairy Industry Act Total Production Quota Regulations – amendment ............................... 9 4 / 2005 222 Justice and Administration Reform

(2000) Act Proclamation, S. 103(3), S.N.S. 2000, c. 28 – S. 99 to 102 ......................... 8 9 / 2005 206 Municipal Grants Act Standard Expenditure Per Dwelling Unit (2005-2006) Regulations .................. 9 5 / 2005 223 Oil Refineries and L.N.G.

Plants Municipal Taxation Act Dartmouth Imperial Oil Refinery Municipal Property Taxation R e g u l a t i o n s – a m e n d m e n t................................................. 8 7 / 2005 204 Pension Benefits Act P e n s i o n B e n e f i t s R e g u l a t i o n s – a m e n d m e n t .................................... 8 8 / 2005 204 Theatres and Amusements Act T h e a t r e s a n d A m u s e m e n t s R e g u l a t i o n s ........................................ 9 0 / 2005 207 Wilderness Areas Protection Act Gully Lake Wilderness Area Designation ...................................... 9 1 / 2005 217 Eigg Mountain-James River Wilderness Area Designation ......................... 9 2 / 2005 219 Designation of Additional Lands to Wilderness Areas Designated by Act ............. 9 3 / 2005 221 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 proclaimed in force.

N.S. Reg. 87/2005 - 88/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 9 204 © NS Registry of Regulations. Web version. N.S. Reg. 87/2005 Made: April 22, 2005 Filed: April 25, 2005 Dartmouth Imperial Oil Refinery Municipal Property Taxation Regulations Order in Council 2005-161 dated April 22, 2005 Amendment to regulations made by the Governor in Council pursuant to

Section 5 of the Oil Refineries and L.N.G. Plants Municipal Taxation Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated March 29, 2005, and pursuant to

Section 5 of

Chapter 8 of the Acts of 2004, the Oil Refineries and L.N.G. Plants Municipal Taxation Act, is pleased to amend the Dartmouth Imperial Oil Refinery Municipal Property Taxation Regulations, N.S. Reg. 191/2004, made by the Governor in Council by Order in Council 2004-315 dated July 30, 2004, by striking out “2004-2005” in

Section 3 and substituting “2005-2006”, effective on and after April 22, 2005. N.S. Reg. 88/2005 Made: April 22, 2005 Filed: April 25, 2005 Pension Benefits Regulations Order in Council 2005-162 dated April 22, 2005 Amendment to regulations made by the Governor in Council pursuant to

Section 105 of the Pension Benefits Act The Governor in Council on the report and recommendation of the Minister of Environment and Labour dated March 21, 2005, and pursuant to

Section 105 of

Chapter 340 of the Revised Statutes of Nova Scotia, 1989, the Pension Benefits Act, is pleased to amend the Pension Benefits Regulations, N.S. Reg. 164/2002, made by Order in Council 2002-607 dated December 20, 2002, to change the requirements for university pension plans, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after April 22, 2005.

Schedule “A” Amendment to the Pension Benefits Regulations made by the Governor in Council pursuant to

Section 105 of

Chapter 340 of the Revised Statutes of Nova Scotia, 1989, the Pension Benefits Act 1

Section 2 of the Pension Benefits Regulations, N.S. Reg. 164/2002, made by Order in Council 2002-607 dated December 20, 2002, is amended by (

a) striking out “and” after the semi-colon in clause (x); (

b) striking out the period at the end of clause (

y) and substituting “; and”; and (

c) adding the following clause immediately after clause (y):

N.S. Reg. 88/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 9 © NS Registry of Regulations. Web version. 205 (z) “university” means a designated university under the University Foundations Act. 2 Clause 6(1)(

d) of the regulations is re pealed and the following clause substituted: (

d) the amount required to liquidate any other solvency deficiency by equal instalments, with interest at the solvency valuation interest rate (

i) within 5 years after the review date of the so lvency valuation in which the solvency deficiency is identified, or (ii) for a solvency deficiency arising before January 1, 2006, under a university pension plan, within 15 years after the review date of the solvency valuation in which the solvency deficiency is identified. 3 Clause 16(1)(

c) of the regulations is amended by (

a) striking out “and” immediately after “af ter January 1, 1988,” in subclause (iii); (

b) repealing subclause (iv) and substituting the following subclause: (iv) the present value of any other special payments established on or after January 1, 1988, that are scheduled for payment within 5 years of the review date, and (

c) adding the following subclause immediately after subclause (iv): (

v) for a university pension plan, the present valu e of any other special payments established on or after January 1, 1988, and before January 1, 2006, that are scheduled for payment within 15 years of the date the special payment is established; 4 Clause 16(1)(

d) of the regulations is amended by st riking out “and (iv)” and substituting “, (iv) and (v)”. 5

Section 37 of the regulations is amended by adding the following subsection immediately after subsection (8):

(9) If a university pension plan is wound up in part during the time period referred to in subclause 6(1)(d)(ii), the employer, or any person required to make contributions on behalf of the employer, must pay into the pension plan in respect of members affected by the partial wind up, the amount required (

a) to liquidate all solvency deficiencies existing at the date of the partial wind up of the pension plan; and (

b) to pay for the benefits provi ded under

Section 79 of the Act.

N.S. Reg. 89/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 9 206 © NS Registry of Regulations. Web version. N.S. Reg. 89/2005 Made: April 22, 2005 Filed: April 25, 2005 Proclamation, S. 103(3), S.N.S. 2000, c. 28 – S. 99-102 Order in Council 2005-163 dated April 22, 2005 Proclamation made by the Governor in Council pursuant to subsection 103(3) of the Justice and Administration Reform

(2000) Act The Governor in Council on the report and recommendation of the Minister of Environment and Labour dated March 31, 2005, pursuant to subsection (3) of

Section 103 of

Chapter 28 of the Acts of 2000, the Justice and Administration Reform

(2000) Act, and subsection (7) of

Section 3 of

Chapter 235 of the Revised Statutes of Nova Scotia, 1989, the

Interpretation Act, is pleased to order and declare by proclamation that Sections 99 to 102 of

Chapter 28 of the Acts of 2000, the Justice and Administration Reform

(2000) Act, come into force on and not before April 22, 2005. PROVINCE OF NOVA SCOTIA Sgd: Myra A. Freeman 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, GREETING: A PROCLAMATION

WHEREAS in and by

Section 103 of

Chapter 28 of the Acts of 2000, the Justice and Administration Reform

(2000) Act, it is enacted as follows: 103

(3) Sections 5, 11 to 16, 19 to 22, 25 to 84, 92 and 96 to 102 come into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that Sections 99 to 102 of

Chapter 28 of the Acts of 2000, the Justice and Administration Reform

(2000) Act, come into force on and not before April 22, 2005; 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 Sections 99 to 102 of

Chapter 28 of the Acts of 2000, the Justice and Administration Reform

(2000) Act, come into force on and not before April 22, 2005, 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 Myra A. Freeman, Lieutenant Governor of the Province of Nova Scotia.

N.S. Reg. 89/2005 - 90/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 9 © NS Registry of Regulations. Web version. 207 AT Our Government House in the Halifax Regional Municipality, this 22nd day of April, in the year of Our Lord two thousand and five and in the fifty- fourth year of Our Reign. BY COMMAND: Sgd: M. G. Baker Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 90/2005 Made: April 22, 2005 Filed: April 25, 2005 Theatres and Amusements Regulations Order in Council 2005-164 dated April 22, 2005 Regulations made by the Governor in Council pursuant to

Section 4 of the Theatres and Amusements Act The Governor in Council on the report and recommendation of the Minster of Environment and Labour dated January 14, 2005, and pursuant to

Section 4 of

Chapter 466 of the Revised Statutes of Nova Scotia, 1989, the Theatres and Amusements Act, is pleased, effective on and after April 22, 2005, to (

a) repeal the regulations respecting theatres and amusements, N.S. Reg. 18/56, approved by the Governor in Council by Order in Council dated February 2, 1956; (

b) repeal the regulations respecting film exchang es, N.S. Reg. 27/84, approved by the Governor in Council by Order in Council 84-197 dated February 21, 1984; (

c) make regulations respecting theatres, film exchanges, film classification, video games and amusements in the form set forth in

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

Schedule “A” Regulations Respecting Theatres, Film Exchanges, Film Classification, Video Games and Amusements made by the Governor in Council pursuant to

Chapter 466 of the Revised Statutes of Nova Scotia, 1989, the Theatres and Amusements Act Citation 1 These regulations may be cited as the Theatres and Amusements Regulations.

Definitions 2 In these regulations, (a) “Act” means the Theatres and Amusements Act;

N.S. Reg. 90/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 9 208 © NS Registry of Regulations. Web version. (b) “film exchange” means a film distributor or a film retailer; (c) “film distributor” means a person who sells, leases, rents, exchanges or distributes film (

i) for the purposes of public exhibition in a theatre, or (ii) to a film retailer; (d) “film retailer” means a person who sells, leases, rents, exchanges or distributes film to the public, and includes a video outlet and a video-game outlet; (e) “fire official” means a fire official as defined in the Fire Safety Act while acting as authorized under that Act; (f) “Fire Marshal” means the person a ppointed as the Fire Marshal under the Fire Safety Act; (g) “race track” means any place at which horse racing or harness racing is conducted and pari- mutuel betting is permitted; (h) “track operator” means a person who owns or operates a race track in the Province and who is in any manner the custodian or depository of money staked or deposited in the making of a bet upon a horse race or a harness race, either live or simulcast, whether such bets are made directly with the track operator or through an agent of the track operator; and (i) “video outlet” means a retail establishment that sells, leases, rents, exchanges or distributes film to the public for consideration for use in a video cassette recorder, video disc player or similar device.

Expiration and transfer of licenses 3( 1 ) Except as otherwise required by the Act, a license issued or renewed under these regulations expires 3 years from the date that it is issued or renewed.

(2) A license issued or renewed under these regulations is not transferable. Films Prohibition of film 4 The following are the criteria for prohibiting a film, performance or amusement under subsection 5(2) and subsection 5(3) of the Act: (

a) it contains a graphic or prolonged scene of violence, torture, crime, cruelty, horror or human degradation; (

b) it contains a scene of physical abuse or humiliation of a human being for the purposes of sexual gratification or as being pleasing to the victim; (

c) it contains a scene of explicit and exploitiv e sexual activity involving a person who is under 18 years of age or who is intended to represent a person under 18 years of age; or (

d) it contains a scene depicting, in an explicit manner, indignities to a human body or an animal in an explicit manner.

N.S. Reg. 90/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 9 © NS Registry of Regulations. Web version. 209 General character of film to be considered 5 In exercising the Minister’s powers under subsection 5(2) and subsection 5(3) of the Act, the Minister must take into account the general character of the film. Application of Sections 7 to 12 6 Sections 7 to 12 apply only to films other than video games. Submission of film for examination 7( 1 ) A film exchange or theatre owner may submit a film, together with the required fee, to the Minister for examination and (

a) a decision on whether the display, exhibition, sale, lease, rental, exchange or distribution of the film is permitted or prohibited; and (

b) classification of the film if the display, exhib ition, sale, lease, rental, exchange or distribution of the film is permitted.

(2) The fee for examining a film under subsection (1) is as set out in

Schedule A.

(3) The Minister may waive the examination fee required by subsection (2) if a film has been submitted (

a) on behalf of a film society; (

b) for the purposes of a limited performance; (

c) for the purposes of a film festival; or (

d) in connection with a charitable, educati onal, religious, community or cultural event. Film classification scheme 8( 1 ) When classifying a film under subclause 5(3)(a)(

i) or 5(3)(a)(ii) of the Act, the Minister must give the film a classification in accordance with the suitability of the film for a particular age group and the corresponding classification as set out in the following table: Classification Abbreviation Age Group Suitability General G Film is suitable for viewers of all ages. Parental Guidance PG Film is not suitable for all children and parental guidance is therefore advised for younger viewers. 14 Accompaniment 14A Film is not suitable for all viewers under 14 years of age. 18 Accompaniment 18A Film is not suitable for all viewers under 18 years of age.

Restricted R Film is not suitable for viewers under 18 years of age. Adult A Film is not suitable for viewers under 18 years of age because the sole or primary premise for the film is the depiction of explicit sexual activity, graphic nudity, or graphic violence.

N.S. Reg. 90/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 9 210 © NS Registry of Regulations. Web version.

(2) The criteria used to assess the suitability of a film for a particular age group include the following: (

a) the degree, frequency and intensity of coar se language in the film, as well as the context in which it is used; (

b) the degree, frequency and intensity of violence in the film; (

c) the degree, frequency and inte nsity of nudity in the film; (

d) the degree, frequency and in tensity of sexual references, sexually suggestive scenes or scenes of sexual activity in the film; (

e) the degree, frequency and intensity of frightening or horrific scenes in the film; (

f) the maturity level required for the intended psychological or emotional impact of the film.

(3) A film that is classified as “Adult Accompaniment” on the day before these regulations come into force is deemed to be classified as “14 Accompaniment” on the day these regulations come into force.

(4) A film that is classified as “Explicit Material” on the day before these regulations come into force is deemed to be classified as “Adult” on the day these regulations come into force. Captions attached to classification 9 When classifying a film under subclause 5(3)(a)(

i) or 5(3)(a)(ii) of the Act, the Minister may attach one or more descriptive captions to the film’s classification. Certificate for classified film 10 Upon classifying a film, the Minister must issue a certificate for the film that specifies the film’s classification and any captions attached to the classification. No changes to classified film 11 A person must not change a film, either by removing from it or adding to it, after it has been classified except for removing defective parts of a film to ensure the safe operation of the film.

Advertising to include classification and captions 12 When a film is advertised by a theatre owner or film exchange, the theatre owner or film exchange must ensure that the film’s classification and any captions attached to the film’s classification are prominently displayed in the advertisement. Video Games Video-game outlet to comply with age restrictions 13

(1) A video-game outlet or employee or agent of a video-game outlet must not sell, lease, rent, exchange, distribute or otherwise make available any video game classified as “Teen” by the Entertainment Software Rating Board to a person who is under 13 years of age.

(2) A video-game outlet or employee or agent of a video-game outlet must not sell, lease, rent, exchange, distribute or otherwise make available any video game classified as “Mature” by the Entertainment Software Rating Board to a person who is under 17 years of age.

N.S. Reg. 90/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 9 © NS Registry of Regulations. Web version. 211

(3) A video-game outlet or employee or agent of a video-game outlet must not sell, lease, rent, exchange, distribute or otherwise make available any video game classified as “Adult Only” by the Entertainment Software Rating Board to a person who is under 18 years of age. Exemptions from

Section 6A of the Act 14

Section 6A of the Act does not apply to the following classes of video games: (

a) a video game that is made available solely for use in a place of amusement; (

b) an educational video game. Theatres Theatre license required 15 A person must not operate a theatre unless the person holds a valid theatre license for that theatre. Classes of theatre licenses 16

(1) There are 2 classes of theatre licenses, as follows: (

a) a Class A theatre license, which authorizes the hol der to operate a theatre other than a drive-in theatre; (

b) a Class B theatre license, which authorizes the holder to operate a drive-in theatre.

(2) A theatre license held by a person on the day before these regulations come into force is deemed to be a Class A theatre license and remains valid until its expiry date.

(3) A drive-in theatre license held by a person on the day before these regulations come into force is deemed to be a Class B theatre license and remains valid until its expiry date. Issue and renewal of theatre licenses 17

(1) The Minister may issue or renew a theatre license.

(2) The fee for issuing or renewing a theatre license is as set out in

Schedule A.

(3) An application for a theatre license or a renewal of a theatre license must be in the form prescribed by the Minister.

(4) The Minister must not issue a theatre license until the Fire Marshal or a fire official inspects the theatre and determines that the theatre is in compliance with the Fire Safety Act, the Building Code Act and any regulations made under those Acts.

(5) The Minister must not renew a theatre license until the Fire Marshal or a fire official determines that the theatre is in compliance with the Fire Safety Act, the Building Code Act and any regulations made under those Acts. Failure to comply with order of Fire Marshal or fire official 18

(1) The Minister may suspend or revoke a theatre owner’s theatre license if the Minister is advised by the Fire Marshal or a fire official that the theatre owner has failed to comply with an order of the Fire Marshal or a fire official.

N.S. Reg. 90/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 9 212 © NS Registry of Regulations. Web version.

(2) A theatre license that is suspended under subsection (1) remains suspended until the Fire Marshal or a fire official advises the Minister that the theatre owner has complied with the order. Theatre license displayed at entrance 19 A theatre owner must display their theatre license at the entrance to the theatre. Theatre license produced to inspector or peace officer 20 A theatre owner must produce their theatre license to the Inspector, an assistant inspector or to a peace officer upon request.

Copy of regulations available to public at theatre 21 A theatre owner must keep a copy of these regulations in the theatre and must make it available to the public upon request. Prohibitions for prohibited or unclassified film 22

(1) A theatre owner must not exhibit a film that is prohibited by the Minister.

(2) A theatre owner must not exhibit a film unless the film is classified by the Minister. Notice of film classification and age restrictions 23

(1) A theatre owner must display a film’s classification and any captions attached to the classification in a place at the theatre where they can be seen by the public before they pay for admission.

(2) A theatre owner must display a sign at the theatre box office, and any other place, where admission tickets are sold, that sets out the age restrictions for each classification of film being shown at that theatre.

(3) A theatre owner must ensure that a website through which admission tickets are sold (

a) displays a film’s classification and any captions attached to the classification where they can be seen by the public before they pay for admission electronically through the website, directly or indirectly; and (

b) sets out the age restrictions for each classifica tion of film being shown at a theatre for which tickets are sold.

(4) A theatre owner must ensure that a purchaser of admission tickets is notified of a film’s classification and any captions attached to the classification before they pay for admission by telephone. Age restrictions for attending films 24

(1) A person who is under 14 years of age must not attend a film that is classified as “14 Accompaniment” unless the person is accompanied by a person who is 19 years of age or older.

(2) A person who is under 14 years of age must not attend a film that is classified as “18 Accompaniment”.

(3) A person who is between 14 and 17 years of age must not attend a film that is classified as “18 Accompaniment” unless the person is accompanied by a person who is 19 years of age or older.

(4) A person who is under 18 years of age must not attend a film that is classified as “Restricted” or “Adult”.

N.S. Reg. 90/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 9 © NS Registry of Regulations. Web version. 213 Theatre owner to ensure age restrictions complied with 25

(1) A theatre owner must not permit a person who is under 14 years of age to attend a film classified as “14 Accompaniment” unless the person is accompanied by a person who is 19 years of age or older.

(2) A theatre owner must not permit a person who is under 14 years of age to attend a film classified as “18 Accompaniment”.

(3) A theatre owner must not permit a person who is between 14 and 17 years of age to attend a film classified as “18 Accompaniment” unless the person is accompanied by a person who is 19 years of age or older.

(4) A theatre owner must not permit a person who is under 18 years of age to attend a film classified as “Restricted” or “Adult”. No “Restricted” or “Adult” films exhibited at drive-in theatres 26 A theatre owner must not exhibit a film that is classified as “Restricted” or “Adult” in a drive-in theatre. Equipment restrictions for drive-in theatres 27 A theatre owner must ensure that (

a) a central loudspeaker is not used at a drive-in theatre; and (

b) a screen tower is not placed so that a projection on the screen is visible from a highway. Film Exchanges Classes of film exchange licenses 28 There are 3 classes of film exchange licenses, as follows: (

a) a Class A film exchange license, which is issued to a film retailer; (

b) a Class B film exchange license, which is i ssued to a film distributor other than a film distributor dealing only in video games; and (

c) a Class C film exchange license, which is issued to a film distributor dealing only in video games. Issue and renewal of film exchange licenses 29

(1) The Minister may issue or renew a film exchange license.

(2) The fee for issuing or renewing a film exchange license is as set out in

Schedule A.

(3) An application for a film exchange license or renewal of a film exchange license must be in the form prescribed by the Minister. Film exchange license produced to inspector or peace officer 30 The holder of a film exchange license must produce their film exchange license to the Inspector, an assistant inspector or to a peace officer upon request. Prohibitions for prohibited or unclassified films 31

(1) A film exchange must not sell, lease, rent, exchange or distribute a film that is prohibited by the Minister.

N.S. Reg. 90/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 9 214 © NS Registry of Regulations. Web version.

(2) A film exchange must not sell, lease, rent, exchange or distribute a film unless the film is classified by the Minister. Classification included in list of films 32 A film retailer must indicate the classification of each film and any captions attached to the classification in any list of films that is made available to its customers. Film exchange age restrictions 33 A film exchange must not sell, lease, rent, exchange or distribute (

a) a film classified as “14 Accompaniment” to a person who is under 14 years of age unless the person is accompanied by a person who is 19 years of age or older; (

b) a film classified as “18 Accompaniment” to a person who is under 14 years of age; (

c) a film classified as “18 Accompaniment” to a person between 14 and 17 years of age unless the person is accompanied by a person who is 19 years of age or older; or (

d) a film classified as “Restricted” or “Adult” to a person who is under 18 years of age. Display of material depicting sex or nudity 34 A film retailer must ensure that all film containers, printed materials or film advertisements depicting graphic sex or full frontal nudity are (

a) displayed at a height of more than 1.8288 m (72 in.) above the floor; (

b) placed behind a barrier that covers the depiction, except for the title of the film; (

c) placed in a separate room that is not accessed by persons who are under 18 years of age; or (

d) displayed in a binder that is not accessed by persons who are under 18 years of age. Classification sticker not required 35

(1) The classification sticker required by subsection 6(2) of the Act is not required on a container in which a film is kept or displayed if the classification given to the film by the Minister is printed directly on the container.

(2) For the purposes of clause 6(3)(

b) of the Act, a classification sticker is not required if the classification given to the film by the Minister is printed directly on the film or film container. Places of Amusement Place of amusement license required 36 A person must not operate a place of amusement unless the person holds a valid place of amusement license for that place of amusement. Issue and renewal of place of amusement licenses 37

(1) The Minister may issue or renew a place of amusement license.

(2) The fee for issuing or renewing a place of amusement license is as set out in

Schedule A.

N.S. Reg. 90/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 9 © NS Registry of Regulations. Web version. 215

(3) An application for a place of amusement license or renewal of a place of amusement license must be in the form prescribed by the Minister.

(4) The Minister must not issue a place of amusement license until the Fire Marshal or a fire official has inspected the place of amusement and has determined that the place of amusement is in compliance with the Fire Safety Act, the Building Code Act and any regulations made under those Acts.

(5) The Minister must not renew a place of amusement license until the Fire Marshal or a fire official has determined that the place of amusement is in compliance with the Fire Safety Act, the Building Code Act and any regulations made under those Acts. Failure to comply with order of Fire Marshal or fire official 38

(1) The Minister may suspend or revoke an amusement owner’s place of amusement license if the Minister is advised by the Fire Marshal or a fire official that the amusement owner has failed to comply with an order of the Fire Marshal or fire official.

(2) A place of amusement license that is suspended under subsection (1) remains suspended until the Fire Marshal or a fire official advises the Minister that the amusement owner has complied with the order. Violation of Act or regulations 39

(1) If the Minister is satisfied after due inquiry that an amusement owner has violated the Act or these regulations, the Minister may (

a) suspend or revoke the amusement owner’s place of amusement license; or (

b) attach any terms, conditions or restrictions to the amusement owner’s place of amusement license that the Minister considers advisable.

(2) The Minister may act upon the report of an employee of the Department and any inquiry that the Minister considers necessary to make may be made by the Minister, an employee of the Department or some other person appointed by the Minister to make the inquiry. Place of amusement license displayed at entrance 40 An amusement owner must display their place of amusement license at the entrance to the place of amusement.

Place of amusement license produced to inspector or peace officer 41 An amusement owner must produce their place of amusement license to the Inspector, an assistant inspector or to a peace officer upon request. Copy of regulations available to public at place of amusement 42 An amusement owner must keep a copy of these regulations in the place of amusement and must make it available to the public upon request. Amusement tax collected by track operators 43

(1) Every person betting under the system known as pari-mutuel must pay an amusement tax equal to 11% of the money deposited with a track operator or an agent of a track operator at the time the bet is made.

(2) Every track operator

N.S. Reg. 90/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 9 216 © NS Registry of Regulations. Web version. (

a) must collect the tax referred to in subsec tion (1) by deducting the amount of tax from the money deposited to make a bet before recording or applying the remainder to the bet; (

b) must keep the records and make th e reports prescribed by the Minister; (

c) if authorized by the Minister, may retain all or a portion of the tax collected; and (

d) if required by the Minister, must remit to the Minister all or any portion of the tax collected.

Schedule A - Fees Table 1 - Licensing Fees License Initial Fee Renewal Fee Class A theatre license $319.50 $319.50 Class B theatre license (drive-in theatre) $159.75 $159.75 Class A film exchange license (film retailer) $159.75 $159.75 Class B film exchange license (film distributor) $1118.25 $1118.25 Class C film exchange license (film distributor dealing only in video games) $559.00 $559.00 Place of amusement license $239.63 $239.63 Table 2 - Examination Fees Film submitted Examination fee Theatrical releases $3.20/minute Film for home use not previously examined or classified - Adult films and prohibited films $3.20/minute Film for home use not previously examined or classified - other than Adult films and prohibited films $31.95/film

N.S. Reg. 91/2005 to 92/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 9 © NS Registry of Regulations. Web version. 217 N.S. Reg. 91/2005 to 92/2005 Made: March 31, 2005 Approved: April 22, 2005 Filed: April 25, 2005 Gully Lake Wilderness Area Designation and Eigg Mountain-James River Wilderness Area Designation Order in Council 2005-165 dated April 22, 2005 Designation made by the Governor in Council pursuant to

Section 11 of the Wilderness Areas Protection Act The Governor in Council on the report and recommendation of the Minister of Environment and Labour dated March 31, 2005, pursuant to

Section 11 of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act, is please to approve the designation by the Minister of Environment and Labour of (

a) a wilderness area which shall be known as Gully Lake Wilderness Area, in the manner set forth in

Schedule “A”, effective on and after the date set forth in that schedule; and (

b) a wilderness area which shall be known as Ei gg Mountain-James River Wilderness Area, in the manner set forth in

Schedule “B”, effective on and after the date set forth in that schedule. N.S. Reg. 91/2005 Gully Lake Wilderness Area

Schedule “A” Designation of a Wilderness Area at Gully Lake, Colchester and Pictou Counties, by the Minister of Environment and Labour and approved by the Governor in Council pursuant to clause 11(3)(

a) of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act I hereby designate as a wilderness area pursuant to clause 11(3)(

a) of

Chapter 27 of the Acts 1998, the Wilderness Areas Protection Act, an area of land which shall be known as Gully Lake Wilderness Area, the approximate boundary of which is shown on the map attached as Appendix “A”. The actual boundary of Gully Lake Wilderness Area shall be described and shown on a description and plan signed by the Director of Surveys and deposited in the Provincial Crown Lands Record Centre, the signed description and plan forming part of the designation. The designation shall take effect on the date the signed description and plan are deposited in the Provincial Crown Lands Record Centre.

Signed: K. Morash Honourable Kerry Morash Minister of Environment and Labour Dated and signed at Halifax, Nova Scotia March 31, 2005.

N.S. Reg. 91/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 9 218 © NS Registry of Regulations. Web version.

N.S. Reg. 92/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 9 © NS Registry of Regulations. Web version. 219 N.S. Reg. 92/2005 Eigg Mountain-James River Wilderness Area

Schedule “B” Designation of a Wilderness Area in the vicinity of Eigg Mountain and James River, Antigonish County, by the Minister of Environment and Labour and approved by the Governor in Council pursuant to clause 11(3)(

a) of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act I hereby designate as a wilderness area pursuant to clause 11(3)(

a) of

Chapter 27 of the Acts 1998, the Wilderness Areas Protection Act, an area of land which shall be known as Eigg Mountain-James River Wilderness Area, the approximate boundary of which is shown on the map attached as Appendix “B”. The actual boundary of Eigg Mountain-James River Wilderness Area shall be described and shown on a description and plan signed by the Director of Surveys and deposited in the Provincial Crown Lands Record Centre, the signed description and plan forming part of the designation.

The designation shall take effect on the date the signed description and plan are deposited in the Provincial Crown Lands Record Centre. Signed: K. Morash Honourable Kerry Morash Minister of Environment and Labour Dated and signed at Halifax, Nova Scotia March 31, 2005.

N.S. Reg. 92/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 9 220 © NS Registry of Regulations. Web version.

© NS Registry of Regulations. Web version. 221 N.S. Reg. 93/2005 Made: October 28, 2004 Filed: April 25, 2005 Designation of Additional Lands to Wilderness Areas Designated by Act Order in Council 2004-411 dated October 28, 2004 Designations made by the Governor in Council pursuant to

Section 11 of the Wilderness Areas Protection Act The Governor in Council on the report and recommendation of the Minister of Environment and Labour dated September 28, 2004, pursuant to

Section 11 of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act, is pleased to approve the addition of the following nine parcels of land to existing Wilderness Areas, as set out below: (

a) Economy Falls (PID 20356929) as referenced in Order in Council 94-741 dated September 13, 1994, to be added to Economy River Wilderness Area; (

b) Maclean Lake (PID 70150750) as referenced in Or der in Council 96-537 dated July 9, 1996, to be added to Lake Rossignol Wilderness Area; (

c) Roseway Lake (PID 80116999) as referenced in Order in Council 96-537 dated July 9, 1996, to be added to Tobeatic Wilderness Area; (

d) Wildcat Lake (PID 00594614) as referenced in Or der in Council 97-465 dated July 15, 1997, to be added to White Lake Wilderness Area; (

e) MacLeod’s Lake (PID 85017119) as referenced in Order in Council 1998-358 dated July 23, 1998, to be added to North River Wilderness Area; (

f) Stewart Brook (PIDs 05011937 and 05011945) as refere nced in Order in Council 2000-555 dated November 3, 2000, to be added to Tobeatic Wilderness Area; (

g) Sheep Farm Stillwater (PIDs 80152762 and 80000094) as referenced in Order in Council 2000-555 dated November 3, 2000, to be added to Tobeatic Wilderness Area; (

h) Grand Lake Run (PID 40068538) as referenced in Order in Council 2002-434 dated September 19, 2002, to be added to Terence Bay Wilderness Area; and (

i) Upper Bay Harbour (PID 40033870) as referenced in Order in Council 2003-97 dated March 14, 2003, to be added to Terence Bay Wilderness Area;

N.S. Reg. 94/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 9 222 © NS Registry of Regulations. Web version. N.S. Reg. 94/2005 Made: March 30, 2005 Approved: April 12, 2005 Filed: April 25, 2005 Total Production Quota Regulations Order dated April 12, 2005 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 a meeting held on March 30, 2005 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 May 1, 2005. Dated and signed at Truro, Nova Scotia April 12/05. 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, April 12, 2005. Sgd: G. Burris George D. Burris General Manager Natural Products Marketing Council

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

e) of

Chapter 24 of the Acts of 2000, the Dairy Industry Act Subsections 12(1) and (2) of the Total Production Quota Regulations, N.S. Reg. 234/2004, made by the Dairy Farmers of Nova Scotia and approved by the Natural Products Marketing Council on November 9, 2004, are amended by striking out “20” wherever it occurs and substituting “15”.

N.S. Reg. 95/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 9 © NS Registry of Regulations. Web version. 223 N.S. Reg. 95/2005 Made: April 21, 2005 Filed: April 29, 2005 Standard Expenditure per Dwelling Unit (2005-2006) Regulations Order dated April 21, 2005 made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 11 of the Municipal Grants Act Regulation made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 11 of

Chapter 302 of the Revised Statutes of Nova Scotia, 1989, the Municipal Grants Act Standard Expenditure per Dwelling Unit 1. The standard expenditure per dwelling unit for the pur pose of calculating the grant referred to in

Section 11 of the Municipal Grants Act, for the 2005-2006 fiscal year, shall be as follows: Class I II Standard Expenditure 1072 419 sgd: Barry Barnet Honourable Barry Barnet Minister of Service Nova Scotia and Municipal Relations Halifax, Nova Scotia April 21, 2005