Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 23, No. 16 August 27, 1999 Contents Act Reg. No.

Page Applied Science Technology Act Proclamation, S. 44, 1999, c. 3 .......................... 8 2 / 9 9 5 2 0 Education Act M i n i s t e r i a l E d u c a t i o n A c t R e g u l a t i o n s - A m e n d m e n t ........ 8 5 / 9 9 5 2 8 Wildlife Act F o r f e i t u r e o f S e i z e d P r o p e r t y R e g u l a t i o n s................. 8 3 / 9 9 5 2 2 L i c e n s e S u s p e n s i o n R e g u l a t i o n s ......................... 8 4 / 9 9 5 2 5 NOW AVAILABLE A Folio Views® searchable CD of the consolidated regulations of Nova Scotia and the quarterly sectional index of regulations is available from the Office of the Registrar of Regulations.

For subscriptions or information please call 424-6723 or visit our website at www.gov.ns.ca/just/regulations/cd. 519

N.S. Reg. 82/99 ROYAL GAZETTE

Part II Regulations N.S. Reg. 82/99 Made: August 4, 1999 Filed: August 6, 1999 Proclamation, S. 44, S.N.S. 1999, c. 3 Order in Council 1999-389 made August 4, 1999 Proclamation made by the Governor in Council pursuant to

Section 44 of the Applied Science Technology Act The Governor in Council on the report and recommendation of the Minister of Transportation and Public Works dated July 14, 1999, pursuant to

Section 44 of

Chapter 3 of the Acts of 1999, the Applied Science Technology Act, is pleased to order and declare by proclamation that

Chapter 3 of the Acts of 1999, the Applied Science Technology Act, come into force on and not before August 4, 1999. PROVINCE OF NOV A SCOTIA Sgd: J. James Kinley 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 44 of

Chapter 3 of the Acts of 1999, the Applied Science Technology Act, it is enacted as follows: 44 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 3 of the Acts of 1999, the Applied Science Technology Act, come into force on August 4, 1999; 520

N.S. Reg. 82/99 ROYAL GAZETTE

Part II Regulations 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 3 of the Acts of 1999, the Applied Science Technology Act, come into force on August 4, 1999, 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. James Kinley, C.D., S.M., D.Eng., P.Eng., F.E.I.C., Lieutenant Governor of the Province of Nova Scotia.

AT Our Government House in the Halifax Regional Municipality, this 4 th day of August, in the year of Our Lord one thousand nine hundred and ninety-nine and in the forty- eighth year of Our Reign. BY COMMAND: Sgd: R. S. Harrison Provincial Secretary Attorney General and Minister of Justice 521

N.S. Reg. 83/99 ROYAL GAZETTE

Part II Regulations N.S. Reg. 83/99 Made: September 4, 1997 Filed: August 9, 1999 Forfeiture of Seized Property Regulations Order dated September 4, 1997 made under subsection 101(1) of the Wildlife Act MINISTERIAL FORFEITURE ORDER Pursuant to

Section 101(1) of the Wildlife Act, R.S.N.S. 1989, c. 504 as Minister of Natural Resources, I hereby order the automatic forfeiture to Her Majesty in Right of the Province property, including wildlife, seized from a person convicted of the following offences: WILDLIFE ACT

Section 26 Hunting or fishing without valid license or permit.

Section 31(2) Obtaining or applying for license or permit after conviction.

Section 32(2) Hunt[ing] while disqualified because of a hunting accident.

Section 39(2) Hunting wildlife during closed season

Section 39(2) Exceeding seasonal bag limit prescribed for wildlife.

Section 50(1) Hunting, taking or killing protected wildlife.

Section 68 Hunting wildlife by means of, or with assistance of, a light or flambeau.

Section 69(1) Shining a light of more than 4 1/2 volts at night on wildlife habitat not owned by that person.

Section 73(2) Hunting wildlife during hours other than those permitted by regulations.

Section 73(2) Discharging a firearm or bow during hours other than those permitted by regulations.

Section 78(3) Hunting in an area designated as “no hunting” by the Minister of Natural Resources

Section 79 Possessing firearm or bow in wildlife habitat contrary to Act or regulations.

Section 80(4) Transporting or possessing uncased firearm or bow in wildlife habitat at night during open season 522

N.S. Reg. 83/99 ROYAL GAZETTE

Part II Regulations

Section 81 Using or possessing prohibited weapon or ammunition

Section 87(1) Possessing uncased firearm or bow in wildlife habitat while impaired by alcohol or drugs.

Section 87(2) Discharging or handling firearm or bow without due care and attention.

Section 88(

a) Obstructing a conservation officer or person assisting.

Section 88(

d) Assaulting a Conservation Officer or person assisting.

Section 109 Applying for license or permit while disqualified. FIREARM AND BOW REGULATIONS

Section 3(

a) Possessing a swivel or spring gun in wildlife habitat.

Section 3(

b) Possessing a shotgun greater than 10 gauge in wildlife habitat.

Section 3(

c) Possessing a device designed to deaden sound of report of firearm in wildlife habitat.

Section 3(

d) Possessing a crossbow in a wildlife habitat.

Section 3(

e) Possessing in wildlife habitat shot larger than .24 in./.6096 cm (AAA or No. 4 Buckshot) except rifled slugs or ball during the open season for big game. GENERAL WILDLIFE REGULATIONS

Section 11(1) Hunting wildlife between 1 hour after sunset and 1 hour before sunrise contrary to the regulations.

Section 11(2) Discharging firearm or bow between 1/2 hour after sunset and 1/2 hour before sunrise contrary to the regulations. CHIGNECTO GAME SANCTUARY

Section 3(1)(

a) Hunting wildlife in Chignecto Game Sanctuary contrary to the regulations. LISCOMB GAME SANCTUARY REGULATIONS

Section 3(1)(

a) Hunting wildlife in Liscomb Game Sanctuary contrary to the regulations. 523

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Part II Regulations TOBEATIC WILDLIFE MANAGEMENT AREA REGULATIONS

Section 3(1)(

a) Hunting wildlife in Tobeatic Wildlife Management Area without written authorization, contrary to the regulations. ADDITIONAL Any trap, snare or net illegally used to hunt wildlife may be seized and upon conviction will be automatically forfeited to the Crown. Dated at Halifax, in the County of Halifax, Province of Nova Scotia, this 4th day of September, A.D. 1997. Signed: Ken MacAskill Honorable Kennie MacAskill Minister of Natural Resources 524

N.S. Reg. 84/99 ROYAL GAZETTE

Part II Regulations N.S. Reg. 84/99 Made: September 4, 1997 Filed: August 9, 1999 License Suspension Regulations Order dated September 4, 1997 made under subsection 31(2) and

Section 109 of the Wildlife Act MINISTERIAL LICENSE SUSPENSION ORDER Pursuant to

Section 31(2) and 109 of the Wildlife Act, R.S.N.S. 1989, c. 504 as Minister of Natural Resources, I hereby order the following. Anyone convicted between September 1 to December 31 of the offences listed herein, will have their privilege of obtaining any hunting license suspended for one year beginning the following year on January 1. If the conviction is registered after January 1 of the following year the suspension will be from the date of conviction until December 31. Conviction of

Section 68 of the Wildlife Act will result in a three year suspension beginning on the date of conviction. Conviction of any wildlife offence while the person’s hunting privileges are suspended will result in an additional one year suspension, except for conviction of

Section 68 of the Wildlife Act where an additional three years will be imposed. Suspensions imposed while the person is currently suspended will run consecutive to the initial suspension. Conviction of any three wildlife offences, whether or not the offences are listed herein, within a five year period will result in a one year suspension of hunting privileges. WILDLIFE ACT

Section 21(3) Hunting or trapping in area closed for wildlife management purposes

Section 26 Hunting or fishing without valid license or permit.

Section 32(2) Hunt[ing] while disqualified because of a hunting accident.

Section 39(2) Hunting wildlife during closed season.

Section 39(2) Exceeding seasonal bag limit prescribed for wildlife.

Section 39(2) Exceeding daily bag limit prescribed for wildlife.

Section 40(1) Setting trap or snare for moose or deer. 525

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Part II Regulations

Section 50(1) Hunting, taking or killing protected wildlife.

Section 62 Keeping wildlife or exotic wildlife in captivity contrary to Act or regulations.

Section 65 Selling or purchasing carcass of wildlife or any parts thereof.

Section 67(1) Hunting with poison, drugs, explosives, deleterious substance.

Section 68 Hunting wildlife by means of, or with assistance of, a light or flambeau.

Section 69(1) Shining a light of more than 4 1/2 volts at night on wildlife habitat not owned by that person.

Section 79 Possessing firearm or bow in wildlife habitat contrary to Act or regulations.

Section 80(4) Transporting or possessing uncased firearm or bow in wildlife habitat at night during open season

Section 84(2) Transporting loaded firearm on or in vehicle or vessel.

Section 85 Discharging firearm or bow across travelled portion of any highway or within 100 feet/30.48 m of travelled portion.

Section 87(1) Possessing uncased firearm or bow in wildlife habitat while impaired by alcohol or drugs.

Section 87(2) Discharging or handling firearm or bow without due care and attention

Section 88(

a) Obstructing a conservation officer or person assisting.

Section 88(

b) Causing others to obstruct conservation officer or person assisting.

Section 88(

c) Inciting others to obstruct Conservation Officer or person assisting.

Section 88(

d) Assaulting a Conservation Officer or person assisting. DEER HUNTING REGULATIONS

Section 6(3) Hunting or possessing deer during closed season.

Section 7(2) Killing or possessing more deer than prescribed bag limit for deer.

Section 8(4) Hunting deer after tag is detached from license. 526

N.S. Reg. 84/99 ROYAL GAZETTE

Part II Regulations GENERAL WILDLIFE REGULATIONS

Section 11(2) Discharging firearm or bow between one-half hour after sunset and one-half hour before sunrise contrary to the regulations.

Section 14(1) Hunting or possessing firearm or bow in wildlife habitat while disqualified.

Section 14(4)(

b) Using or possessing in wildlife habitat trap or snare capable of taking or holding big game. MOOSE REGULATIONS

Section 4(5) Hunting moose without valid Moose Hunting License and valid Firearm Hunting Certificate or Bow Hunting Certificate.

Section 5(2) Hunting moose out of season.

Section 5(3) Hunting or possessing a greater number of moose than the total prescribed bag limit. FIREARM & BOW REGULATIONS

Section 11(1) Hunting or discharging firearm or bow within 880 yards/804 m of school.

Section 11(2) Hunting with or discharging a firearm loaded with rifle cartridge, single ball or slug within 440 yards/402 m of dwelling, place of business, public building or public place.

Section 11(3) Discharging shotgun loaded with shot, or bow within 200 yards/182 m of dwelling, place of business, public building or other place.

Section 11(4) Hunting wildlife with firearm or bow within 200 yards/182 m of dwelling, place of business, public building or other place. Dated at Halifax, in the County of Halifax, Province of Nova Scotia, this 4 th day of September, A.D., 1997. Signed: Ken MacAskill Honorable Kennie MacAskill Minister of Natural Resources 527

N.S. Reg. 85/99 ROYAL GAZETTE

Part II Regulations N.S. Reg. 85/99 Made: July 5, 1999 Filed: August 12, 1999 Ministerial Education Act Regulations Order dated July 5, 1999 made under

Section 145 of the Education Act In the matter of

Section 145 of

Chapter 1 of the Acts of 1995-96 the Education Act - and - In the matter of the Ministerial Education Act Regulations made by the Minister of Education and Culture pursuant to

Section 145 of the Education Act ORDER I, Wayne Gaudet, Minister of Education and Culture for the Province of Nova Scotia pursuant to

Section 145 of

Chapter 1 of the Acts of 1995-96, the Education Act, do hereby repeal subsection 3(2) of the Ministerial Education Act Regulations, made by the Minister of Education and Culture on June 24, 1997, and substitute the following subsection:

(2) Despite subsection (1), a school board may direct that the total number of hours of scheduled teaching time in a school year for students in the primary grade shall be no less than the product of four hours times the number of days in which teaching is scheduled for students in other grades in the school, and these hours of teaching (

a) may be scheduled by the school board during any part of the time in which students in other grades are receiving instruction; and (

b) shall be provided on each school day. DATED AND MADE at Halifax, Nova Scotia, July 5, 1999. Signed: Wayne Gaudet Wayne Gaudet Minister of Education and Culture 528