Advertising Standards Regulations and Dental Assistants Regulations

N.S. Reg. 136/2000

Nova Scotia — Gazette

Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 24, No. 17 August 25, 2000 Contents Act Reg. No.

Page Agriculture and Marketing Act Commodity Group Levy - Cattlemen’s Association......... 139/2000 556 Dental Act Advertising Standards Regulations and D e n t a l A s s i s t a n t s R e g u l a t i o n s - A m e n d m e n t ...........136/2000 536 Education Act Governor in Council Education Act Regulations - A m e n d m e n t.................................... 138/2000 541 Environment Act Water and Wastewater Facility Regulations - Amendment.... 140/2000 557 Family Benefits Act F a m i l y B e n e f i t s S c h e d u l e “ B ” R e g u l a t i o n s - A m e n d m e n t....137/2000 539 Gaming Control Act Nova Scotia Gaming Foundation Regulations - Amendment. . 141/2000 561 NOW AVAILABLE The third issue for the 2000 subscription year of the Folio®-based Nova Scotia Regulations CD-ROM, containing the consolidated regulations of Nova Scotia and the quarterly sectional index of regulations, is now available from the Office of the Registrar of Regulations.

For information or subscriptions please call (902) 424-6723 or visit our website at www.gov.ns.ca/just/regulations/cd. 535

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Part II Regulations N.S. Reg. 136/2000 Made: August 2, 2000 Filed: August 4, 2000 Advertising Standards Regulations and Dental Assistants Regulations Order in Council 2000-402 made August 2, 2000 Regulations approved by the Governor in Council pursuant to

Section 45 of the Dental Act The Governor in Council on the report and recommendation of the Minister of Health dated July 11, 2000, pursuant to

Section 45 of

Chapter 3 of the Acts of 1992, the Dental Act, is pleased, effective August 2, 2000, to: (

a) approve the repeal by the Provincial Dental Board of Nova Scotia of Regulation No. 4 - Advertising Standards, approved by the Governor in Council by Order in Council 93-858 dated November 2, 1993, and approve the making by the Provincial Dental Board of Nova Scotia of new regulations respecting advertising standards (Regulation No. 4) in the form set forth in

Schedule "A" attached to and forming part of the report and recommendation; and (

b) approve the making by the Provincial Dental Board of Nova Scotia of amendments to Regulation No. 8 - Dental Assistants, approved by the Governor in Council by Order in Council 94-473 dated May 31, 1994, in the manner set forth in

Schedule "B" attached to and forming part of the report and recommendation.

Schedule “A” Regulations Respecting Advertising Standards made pursuant to

Section 45 of

Chapter 3 of the Acts of 1992, the Dental Act Regulation No. 4 - Advertising Standards Citation 1 These regulations may be cited as the Advertising Standards Regulations.

Preamble 2( 1 ) The term “advertising” in relation to the dental profession must be taken in its broadest sense and includes all those methods by which persons registered under the Dental Act are made known to the public.

(2) Members of the profession have the right to present relevant dental practice information to the public in order that the public is better able to make informed choices concerning dental care needs.

(3) Each member is responsible for his/her own conduct as well as all information disseminated on behalf of their practice. 536

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Part II Regulations Advertising permitted 3 Subject to the Act and these regulations, a dentist may advertise. 4 Advertising by a dentist shall (

a) be accurate and not false, fraudulent, ambiguous, or likely to be confusing, misleading or deceptive; (

b) be capable of being proven to be true by facts independent of personal feelings, beliefs, opinions or

interpretations; (

c) be of a dignified nature, in good taste, so as to uphold the dignity, honour and ethics of the profession and not bring the dentist or profession into disrepute; (

d) avoid comparisons with another practice or member, and avoid suggestions of uniqueness or superiority over another practice or member; (

e) not refer to the quality of service to be provided; (

f) be directed at the general public and not at an individual member of the public other than current patients of record; and (

g) be relevant to the public’s ability to make an informed choice. Relevant public information 5 Relevant public information includes (

a) a dentist’s proper name; (

b) a dentist’s professional description; (

c) any academic degrees gained by examination; (

d) a specialty recognized by the Board, if applicable; (

e) an office and e-mail address; (

f) an office telephone and fax number; (

g) the office hours and days open; (

h) the languages spoken; (

i) the universal symbols such as the symbols for wheel chair accessibility, “VISA”, and “Interac”; (

j) the services available. Prohibitions 6 No dentist shall publish, display, distribute, cause or permit directly or indirectly, the publication, display, distribution or use of any advertisement, announcement or information related to the dentist’s practice that (

a) contravenes

Section 5; or 537

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Part II Regulations (

b) makes reference to an area of practice, dental procedure or treatment unless the advertisement, announcement or information discloses whether the dentist is a licensed specialist or general practitioner and, if a specialist, in what particular specialty.

Schedule “B” Amendments to the Regulations Respecting Dental Assistants made pursuant to

Section 45 of

Chapter 3 of the Acts of 1992, the Dental Act Regulation No. 8 made by the Provincial Dental Board of Nova Scotia and approved by the Governor in Council by Order in Council 94-473 dated May 31, 1994, is amended by adding the following

Section immediately after

Section 10: 10A Effective April 30, 2001, no person shall qualify for an annual licence and no person shall be qualified to have his or her name in the Dental Assistants’ Register unless the person has successfully completed a training program approved by the Board in rubber cup polishing of the coronal surfaces of the teeth. 538

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Part II Regulations N.S. Reg. 137/2000 Made: August 2, 2000 Filed: August 4, 2000 Family Benefits

Schedule “B” Regulations Order in Council 2000-403 made August 2, 2000 Amendment to regulations made by the Governor in Council pursuant to

Section 18 of the Family Benefits Act The Governor in Council on the report and recommendation of the Minister of Community Services dated July 12, 2000, and pursuant to

Section 18 of

Chapter 158 of the Revised Statutes of Nova Scotia, 1989, the Family Benefits Act, is pleased to amend the Family Benefits

Schedule “B” Regulations made by the Governor in Council by Order in Council 87-430 dated April 7, 1987, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after August 2, 2000.

Schedule “A” Amendments to the Family Benefits

Schedule “B” Regulations made by the Governor in Council pursuant to

Section 18 of

Chapter 158 of the Revised Statutes of Nova Scotia, 1989, the Family Benefits Act The Family Benefits

Schedule “B” Regulations made by the Governor in Council by Order in Council 87-430 dated April 7, 1987, are amended by adding the following

Section immediately after

Section 12: 12A

(1) In order for the Director to determine the eligibility of an applicant or the on-going eligibility of a recipient, or to verify information obtained from an applicant or recipient in respect of their eligibility or on-going eligibility, the applicant or recipient shall provide the following items to the Director, in the case of an applicant, at the time of application, or in the case of a recipient, at the Director's request at any time during which the recipient is in receipt of benefits: (

a) the social insurance number of the applicant or recipient and of the spouse of the applicant or recipient; (

b) the Nova Scotia Health Card number of the applicant or recipient and of the spouse and child(ren) of the applicant or recipient; and (

c) an authorization for the release, obtaining or verifying of information about the applicant or recipient including information or documents (

i) specified in Sections 11, 12, 13 and 14, (ii) respecting expenses specified in Sections 33 to 39, (iii) respecting income specified in

Section 44, 539

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Part II Regulations (iv) respecting liquid assets defined in clause 3(1)(k).

(2) The Director may determine the content and form of the authorization referred to in clause (1)(c).

(3) Where an applicant or a recipient refuses to provide the information or the authorization specified in subsection (1), the Director may refuse to grant benefits to the applicant or continue to grant benefits to the recipient. 540

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Part II Regulations N.S. Reg. 138/2000 Made: August 2, 2000 Filed: August 4, 2000 Governor in Council Education Act Regulations Order in Council 2000-404 made August 2, 2000 Amendment to regulations made by the Governor in Council pursuant to

Section 146 of the Education Act The Governor in Council on the report and recommendation of the Minister of Education dated July 10, 2000, and pursuant to

Section 146 of

Chapter 1 of the Acts of 1995-96, the Education Act, is pleased to amend the Governor in Council Education Act Regulations in the manner set forth in

Schedule "A" attached to and forming part of the report and recommendation, effective August 1, 2000.

Schedule “A” Amendments to the Governor in Council Education Act Regulations made by the Governor in Council pursuant to

Section 146 of

Chapter 1 of the Acts of 1995-96, the Education Act 1

Section 2 of the Governor in Council Education Act Regulations made by the Governor in Council by Order in Council 97-405 dated June 24, 1997, is renumbered as subsection 2(1) and the following subsection is added immediately after subsection (1):

Definitions in post-July 31, 2000 certification system

(2) In Sections 30A to 30R, (a) “certificate program” means a program of studies concerning public education consisting of, subject to the exclusions in subsections 30C(4) and (5), a minimum of 5 full university courses, any of which may be at the undergraduate or graduate level, or the approved equivalent, that are developed as an in-service experience for teachers, designed by or with a university, including credit courses in either or both (

i) academic disciplines taught in the public schools or other approved disciplines related to public school education, or (ii) professional studies; (b) “degree program” means, subject to the exclusions in subsection 30C(5), a program of studies to receive (

i) a graduate diploma, 541

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Part II Regulations (ii) a Masters in (

A) a teachable subject as defined in the Public School Program, or (

B) Education, or (iii) a doctoral degree from a recognized university; (c) “discipline” means a course of studies taught in the public schools in the Province; (d) “endorse” means to acknowledge recognized subject fields of competency in teaching; (e) “graduate degree” means a Master’s or Doctorate Degree; (f) “graduate diploma” means a diploma received upon completion of an established program of a recognized university consisting of a minimum 5 full university courses at the graduate level, any of which may be in either or both (

i) an academic discipline taught in the public schools or other approved disciplines related to public school education, or (ii) professional studies; (g) “integrated program” means an individual program of studies developed by a teacher in consultation with a university, consisting of (

i) any combination of academic and professional courses that are interrelated, and (ii) a minimum of 5 full courses at a university or community college, or the approved equivalent, including, subject to the exclusions in subsections 30[C](4) and (5), a minimum of 3 full graduate courses, and a maximum of 2 full undergraduate courses; (h) “major endorsation” means an endorsation requiring a minimum of 30 credit hours of study in a discipline in a subject field and 6 credit hours of teaching methodology in that subject field; (i) “minor endorsation” means an endorsation requiring a minimum of 18 credit hours of study in a discipline in a subject field and 3 credit hours in the teaching methodology of that subject field; 542

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Part II Regulations (j) “post-July 31, 2000 certification system” means the teacher’s certification system prescribed in this subsection and Sections 30A to 30R; (k) “pre-August 1, 2000 certification system” means the teacher’s certification system prescribed in Sections 14, 15, 24 to 29, 32 and 33; (l) “subject field” means a field of study representing related disciplines; (m) “upgrading program” means a degree program, certificate program or integrated program undertaken by a person to obtain a higher class of teacher’s certificate.

(3) For the purposes of

interpretation of Sections 30A to 30R, (a) “one full course” equals 6 credit hours of study or 1/5 of one year of study; and (b) “one year” equals 5 full courses of study or 30 credit hours of study; 2 The regulations are further amended by adding the following

Section immediately after

Section 10: Teacher professional development 10A

(1) Every teacher who has a probationary or permanent contract with a school board shall (

a) complete 100 contact hours of professional development every 5 years commencing September 30, 2000; and (

b) maintain a professional development profile to be submitted by the teacher to the school board annually, commencing September 30, 2001, on or before September 30 of each year, which shall be included in the teacher’s personal file.

(2) The requirements set out in subsection (1) shall be reviewed, on or before October 1, 2003, by a Committee comprising representatives of the bodies represented on the Teacher Certification Review Committee who prepared the report entitled Teacher Certification in Nova Scotia, dated October, 1998, who shall then report and make recommendations to the Minister. 3 The regulations are further amended by adding the following Sections immediately after

Section 30: 543

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Part II Regulations Granting a teacher’s certificate for first time 30A Where a person who has not previously been granted a teacher’s certificate from the Minister applies for a teacher’s certificate (

a) before August 1, 2000, and receives confirmation from the Minister that the application was received by the Minister on or before that date, the Minister shall receive and process the application pursuant to the pre-August 1, 2000 certification system and, subject to the person satisfying the requirements pursuant to the pre-August 1, 2000 certification system for the class of teacher’s certificate applied for, grant a teacher’s certificate pursuant to the pre-August 1, 2000 certification system; or (

b) on or after August 1, 2000, and receives confirmation from the Minister that the application was received by the Minister on or after that date, the Minister shall receive and process the application pursuant to the post-July 31, 2000 certification system and, subject to the person satisfying the requirements pursuant to the post-July 31, 2000 certification system for the class of teacher’s certificate applied for, grant a teacher’s certificate pursuant to the post-July 31, 2000 certification system. Classes of teachers’ certificates in post-July 31, 2000 certification system 30B The post-July 31, 2000 certification system shall comprise 4 classes of teachers’ certificates, namely: (

a) Initial Teacher’s Certificate; (

b) Advanced Teacher’s Certificate 1; (

c) Advanced Teacher’s Certificate 2; and (

d) Advanced Teacher’s Certificate 3. Guidelines on granting teachers’ certificates pursuant to post-July 31, 2000 certification system 30C

(1) Before the Minister grants a teacher’s certificate to a person pursuant to the post-July 31, 2000 certification system on the condition that the person has completed a degree program, the Minister must be satisfied that the person has (

a) been awarded the degree for that degree program; or (

b) completed the requirements to be awarded the degree for that degree program.

(2) Before the Minister grants an Advanced Teacher’s Certificate 1, 2 or 3 to a person pursuant to the post-July 31, 2000 certification system on condition that the person has completed an integrated program, the Minister 544

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Part II Regulations (

a) must have approved the integrated program before the commencement of the integrated program; and (

b) must not have previously granted a certificate on the condition that the integrated program or any courses in the integrated program have been completed.

(3) Before the Minister grants a teacher’s certificate to a person pursuant to the post-July 31, 2000 certification system on the condition that the person has completed a program, the Minister must be satisfied that the person has fully completed the program.

(4) Before the Minister grants an Advanced Teacher’s Certificate 1, 2 or 3 to a person pursuant to the post-July 31, 2000 certification system on the condition that the person has completed a certificate program or an integrated program, the Minister must be satisfied that the program does not include the undergraduate courses completed as part of the program, the completion of which was a condition for the granting of the preceding lower class of teacher’s certificate to the person.

(5) Before the Minister grants an Advanced Teacher’s Certificate 1, 2 or 3 to a person pursuant to the post-July 31, 2000 certification system on the condition that the person has completed a certificate program, degree program or an integrated program, the Minister must be satisfied that the program does not include the graduate courses completed as part of the program, the completion of which was a condition for the granting of the preceding lower class of teacher’s certificate to the person. Initial Teacher’s Certificate 30D The Minister may grant an Initial Teacher’s Certificate to a person who has completed a minimum of 5 years of undergraduate education, including (

a) a minimum of 3 years of approved undergraduate studies; (

b) a minimum of 2 years of an approved program of professional studies; and (

c) receipt of an approved bachelor’s degree from a recognized university. Advanced Teacher’s Certificate 1 30E The Minister may grant an Advanced Teacher’s Certificate 1 to a person who has (

a) the academic and professional qualifications required for an Initial Teacher’s Certificate; and 545

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Part II Regulations (

b) completed an approved (

i) degree program, (ii) certificate program, or (iii) integrated program. Advanced Teacher’s Certificate 2 30F The Minister may grant an Advanced Teacher’s Certificate 2 to a person who has (

a) the academic and professional qualifications required for an Advanced Teacher’s Certificate 1; and (

b) completed an approved (

i) degree program, (ii) certificate program, or (iii) integrated program. Advanced Teacher’s Certificate 3 30G The Minister may grant an Advanced Teacher’s Certificate 3 to a person who (

a) has the academic and professional qualifications required for an Advanced Teacher’s Certificate 2; and (

b) has completed an approved (

i) degree program, (ii) certificate program, or (iii) integrated program; (

c) whether or not as part of completing the requirements in clauses (

a) or (b), has completed a minimum of 6 credit hours of approved study in research methods or research literacy, or any combination of them totaling 6 credit hours of approved study; and (

d) whether or not as part of completing the requirements in clauses (

a) or (b), holds an approved graduate degree from a recognized university. Endorsation of teachers’ certificates 30H

(1) Where the Minister receives an application for a teacher’s certificate on or after August 1, 2005, from a person to whom the Minister has not previously granted a teacher’s certificate, the Minister may grant the teacher’s certificate pursuant to the post-July 31, 2000 certification system to a person who satisfies the requirements for the class of teacher’s certificate applied for, that is endorsed for (

a) elementary education; 546

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Part II Regulations (

b) secondary education by recognized subject field; or (

c) both elementary and secondary education where the secondary education subject fields are French, physical education/health education, or fine arts. (2) The Minister may grant a teacher’s certificate with more than one endorsation referred to in subsection (1).

(3) The Minister may include in the endorsation for secondary education referred to in clause (1)(

b) a major or minor endorsation as recognized by the Minister. Certificate holder retaining certificate until change of classification 30I

(1) A person who has been granted a Teacher’s Certificate Class 5 to 7 pursuant to the pre-August 1, 2000 certification system on or before July 31, 2000, shall retain the class of teacher’s certificate granted until the person fulfills the requirements to change the classification to obtain a higher class of certificate pursuant to (

a) Section 30J; or (

b) Section 30K.

(2) A person who has been granted a Teacher’s Certificate Class 1 to 4 pursuant to the pre-August 1, 2000 certification system on or before July 31, 2000 shall retain the class of teacher’s certificate granted until the person fulfills the requirements to change the classification to obtain a higher class of certificate pursuant to (

a) Section 30J; or (

b) Section 30K. Certificate holder subject to pre-August 1, 2000 certification system 30J

(1) A person who holds a Teacher’s Certificate Class 5 to 7 granted pursuant to the pre-August 1, 2000 certification system and (

a) has, on or before October 31, 2000, pursuant to the pre-August 1, 2000 certification system (

i) registered in an approved upgrading program, or (ii) applied for a change in classification; (

b) has received confirmation from the Minister that the registration pursuant to subclause (a)(

i) or the application pursuant to subclause (a)(ii), as the case may be, was received by the Minister on or before October 31, 2000, may 547

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Part II Regulations (

c) complete the upgrading program referred to in subclause (a)(

i) pursuant to the pre-August 1, 2000 certification system; (

d) satisfy the requirements prescribed pursuant to the pre-August 1, 2000 certification system for the change in classification referred to in subclause (a)(ii); and (

e) subject to satisfying the requirements for the class of teacher’s certificate applied for, receive the (

i) change in the teacher certification classification, and (ii) teacher’s certificate pursuant to the pre-August 1, 2000 certification system, provided that the program is completed pursuant to clause (

c) or the requirements are satisfied pursuant to clause (

d) within 7 years from the date of registration pursuant to subclause (a)(

i) or the application pursuant to subclause (a)(ii), as the case may be.

(2) A person who holds a Teacher’s Certificate Class 4 granted pursuant to the pre-August 1, 2000 certification system and (

a) has, on or before July 31, 2001, for the purpose of obtaining a Teacher’s Certificate Class 5, pursuant to the pre-August 1, 2000 certification system, (

i) registered in an approved upgrading program, or (ii) applied for a change in classification; and (

b) has received confirmation from the Minister that the registration pursuant to subclause (a)(

i) or the application pursuant to subclause (a)(ii), as the case may be, was received by the Minister on or before July 31, 2001, may (

c) complete the upgrading program referred to in subclause (a)(

i) pursuant to the pre-August 1, 2000 certification system; (

d) satisfy the requirements prescribed pursuant to the pre-August 1, 2000 certification system for the change in classification referred to in subclause (a)(ii); and (

e) subject to satisfying the requirements for the class of teacher’s certificate applied for, receive the (

i) change in the teacher certification classification, and (ii) Teacher’s Certificate Class 5 548

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Part II Regulations pursuant to the pre-August 1, 2000 certification system, provided that the program is completed pursuant to clause (

c) or the requirements are satisfied pursuant to clause (

d) within 7 years from the date of registration pursuant to subclause (a)(

i) or the application pursuant to subclause (a)(ii), as the case may be.

(3) A person who holds a Teacher’s Certificate Class 1 to 3 granted pursuant to the pre-August 1, 2000 certification system and (

a) has, on or before July 31, 2001, for the purpose of obtaining one or more higher classes of certificate up to and including, but for greater certainty not exceeding, a Teacher’s Certificate Class 5, pursuant to the pre-August 1, 2000 certification system, (

i) registered in one or more approved upgrading programs, or (ii) applied for a change in classification; and (

b) has received confirmation from the Minister that the registration pursuant to subclause (a)(

i) or the application pursuant to subclause (a)(ii), as the case may be, was received by the Minister on or before July 31, 2001, may (

c) complete the upgrading programs referred to in subclause (a)(

i) pursuant to the pre-August 1, 2000 certification system; (

d) satisfy the requirements prescribed pursuant to the pre-August 1, 2000 certification system for the changes in classification referred to in subclause (a)(ii); and (

e) subject to satisfying the requirements for the one or more classes of teacher’s certificate applied for, receive (

i) one or more changes in the teacher certification classification, as the case may be, and (ii) one or more teacher’s certificate[s], as the case may be, pursuant to the pre-August 1, 2000 certification system, provided that the program is completed pursuant to clause (

c) or the requirements are satisfied pursuant to clause (

d) within 7 years from the date of registration pursuant to subclause (a)(

i) or the application pursuant to subclause (a)(ii), as the case may be.

(4) The Minister may extend the 7-year time period referred to in subsections (1) to (3) for such further period as the Minister determines, having regard to the matters the Minister considers appropriate, including illness of the person referred to in those subsections and unavailability of required courses. 549

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Part II Regulations Teacher’s certificate holder subject to post-July 31, 2000 certification system 30K

(1) A person who holds a Teacher’s Certificate Class 5 to 7 granted pursuant to the pre-August 1, 2000 certification system and (

a) has, on or after November 1, 2000, (

i) registered in an approved upgrading program, or (ii) applied for a change in classification; and (

b) has received confirmation from the Minister that the registration pursuant to subclause (a)(

i) or the application pursuant to subclause (a)(ii), as the case may be, was received by the Minister on or after November 1, 2000, shall (

c) complete the upgrading program referred to in subclause (a)(

i) pursuant to the post-July 31, 2000 certification system; (

d) satisfy the requirements prescribed pursuant to the post-July 31, 2000 certification system for the change in classification referred to in subclause (a)(ii); and (

e) subject to satisfying the requirements for the class of teacher’s certificate applied for, receive the (

i) change in the teacher certification classification, and (ii) teacher’s certificate pursuant to the post-July 31, 2000 certification system in accordance with the progression of classifications of teacher’s certificates from the pre-August 1, 2000 system to the post-July 31, 2000 certification system in

Section 30L.

(2) A person who holds a Teacher’s Certificate Class 1 to 4 granted pursuant to the pre-August 1, 2000 certification system and (

a) has, on or after August 1, 2001, (

i) registered in an approved upgrading program, or (ii) applied for a change in classification; and (

b) has received confirmation from the Minister that the registration pursuant to subclause (a)(

i) or the application pursuant to subclause (a)(ii), as the case may be, was received by the Minister on or after August 1, 2001, shall 550

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Part II Regulations (

c) complete the upgrading program referred to in subclause (a)(

i) pursuant to the post-July 31, 2000 certification system; (

d) satisfy the requirements prescribed pursuant to the post-July 31, 2000 certification system for the change in classification referred to in subclause (a)(ii); and (

e) subject to satisfying the requirements for the class of teacher’s certificate applied for, receive the (

i) change in the teacher certification classification, and (ii) teacher’s certificate pursuant to the post-July 31, 2000 certification system in accordance with the progression of classifications of teachers’ certificates from the pre-August 1, 2000 system to the post-July 31, 2000 certification system in

Section 30L. Progression of classifications of teachers’ certificates 30L For purposes of

Section 30K, a change in classification from a classification level pursuant to the pre-August 1, 2000 classification system to the next higher level of classification pursuant to the post-July 31, 2000 classification system shall be in accordance with the following order of levels of classifications: (

a) from a Teacher’s Certificate Class 1 to 4 to an Initial Teacher’s Certificate; (

b) from a Teacher’s Certificate Class 5 to an Advanced Teacher’s Certificate 1; (

c) from a Teacher’s Certificate Class 6 to an Advanced Teacher’s Certificate Class 2; (

d) from a Teacher’s Certificate Class 7 to an Advanced Teacher’s Certificate Class 3. Teacher’s certificate holder pursuant to the post-July 31, 2000 certification system receiving change in classification 30M A person who has been granted a teacher’s certificate pursuant to the post- July 31, 2000 certification system and (

a) has, on or after August 1, 2000, (

i) registered in an approved upgrading program, or (ii) applied for a change in teacher certification classification; and 551

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Part II Regulations (

b) has received confirmation from the Minister that the registration pursuant to subclause (a)(

i) or the application pursuant to subclause (a)(ii), as the case may be, was received by the Minister on or after August 1, 2000, shall (

c) complete the approved upgrading program referred to in subclause (a)(

i) pursuant to the post-July 31, 2000 certification system; (

d) satisfy the requirements prescribed pursuant to the post-July 31, 2000 certification system for the change in classification referred to in subclause (a)(ii); and (

e) subject to satisfying the requirements for the class of teacher’s certificate applied for, receive the (

i) change in the teacher certification classification, and (ii) teacher’s certificate pursuant to the post-July 31, 2000 certification system in accordance with the progression of classifications of certificates in

Section 30B. Person registered in a pre-service teacher education program 30N

(1) For greater certainty, a person who for the first time is registered and in attendance in the undergraduate studies component of a pre-service teacher education program that commences in the academic year following August 31, 2000, shall be subject to the requirements for an Initial Teacher’s Certificate pursuant to the post-July 31, 2000 certification system, and shall receive a teacher’s certificate pursuant to the post-July 31, 2000 certification system upon the Minister being satisfied that the requirements for the class of teacher’s certificate applied for have been met.

(2) Despite any other provision in the post-July 31, 2000 certification system, a person who is registered and in attendance in the undergraduate studies component of a pre-service teacher education program that commences on or after September 1, 1993, but not after August 31, 2000, (

a) shall be subject to the requirements for teacher certification in effect as of the date the person registered and commenced attendance in the pre-service teacher education program, so long as the person completes all requirements for the teacher certification within 7 years of the date of registration and commencement of attendance; and 552

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Part II Regulations (

b) shall receive a teacher’s certificate pursuant to the pre-August 1, 2000 certification system upon the Minister being satisfied that the requirements pursuant to the pre-August 1, 2000 certification system for the class of teacher’s certificate applied for have been met.

(3) Despite any other provision in the post-July 31, 2000 certification system, a person who is registered and in attendance in the undergraduate studies component of a pre-service teacher education program in circumstances other than those referred to in subsection (2) shall be subject to the requirements for an Initial Teacher’s Certificate pursuant to the post-July 31, 2000 certification system, and shall receive a certificate pursuant to the post-July 31, 2000 certification system upon the Minister being satisfied that the requirements for the class of teacher’s certificate applied for have been met. Assignment of teacher holding endorsed teacher’s certificate 30O

(1) Effective on and after August 1, 2005, where a school board engages a person who (

a) has been granted a teacher’s certificate endorsed in elementary education; and (

b) has not previously been employed on a term or probationary contract as a teacher in a public school, the school board shall, in the first year of employment of the person, assign the person to teach at the elementary level; namely grades primary to 6.

(2) Effective on and after August 1, 2005, where a school board engages a person who (

a) has been granted a teacher’s certificate endorsed in secondary education; and (

b) has not previously been employed on a term or probationary contract as a teacher in a public school, the school board shall, in the first year of employment of the person, assign the person to teach at the secondary level; namely grades 7 to 12, predominately in the subject fields for which the person’s teacher’s certificate is endorsed.

(3) Despite subsections (1) and (2), effective on and after August 1, 2005, where a school board engages a person described in subsections (1) or (2), the school board may assign the person to teach exclusively at the junior high level; namely grades 7 to 9. 553

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Part II Regulations Granting of special certificate and recognition of employment 30P

(1) The Minister may grant a special certificate of the appropriate class in the fields of testing services, social services related to education and school library services, to a person who does not otherwise qualify for a teacher’s certificate and who has completed the minimum qualifications as determined by the Minister in the field for which the application is made.

(2) A certificate granted pursuant to subsection (1) shall be a permanent certificate.

(3) In addition to the provisions contained in

Section 11, for the purpose of determining the salary of a person to whom a certificate is issued under this Section, the Minister may recognize the employment of the person in the particular field of employment for which the certificate is issued, and that employment shall be recognized for salary purposes provided that the person continues to be employed in the field for which the certificate is issued and the person held, or was eligible to hold, teacher certification in Nova Scotia at the time that the previous employment was completed. Certificate holder pursuant to the post-July 31, 2000 certification system completing upgrading program within seven years of registration 30Q

(1) Despite any other provision in the post-July 31, 2000 certification system, a person who has (

a) been granted a teacher’s certificate pursuant to the post-July 31, 2000 certification system; and (

b) on or after August 1, 2000, (

i) registered in an approved upgrading program, and (ii) applied for a change in classification on the condition of the completion of the approved upgrading program, shall only receive the change in classification if the (

c) upgrading program referred to in subclause (b)(i); and (

d) the requirements prescribed pursuant to the post-July 31, 2000 certification system for the change in classification referred to in subclause (b)(ii) are completed within 7 years of the date of registration of the upgrading program. 554

N.S. Reg. 138/2000 ROYAL GAZETTE

Part II Regulations

(2) The Minister may extend the 7-year time period referred to in subsection (1) for such further period as the Minister determines, having regard to the matters the Minister considers appropriate, including illness of the person referred to in the subsection and unavailability of required courses. Provisions that apply to both the pre-August 1, 2000 and post-July 31, 2000 certification systems 30R For greater certainty, Sections 16 to 23, 30 and 31 apply to both the pre- August 1, 2000 certification system and the post-July 31, 2000 certification system. 555

N.S. Reg. 139/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 139/2000 Made: July 14, 2000 Filed: August 14, 2000 Commodity Group Levy - Cattlemen’s Association Order dated July 14, 2000 made under

Section 46 of the Agriculture and Marketing Act Notice of Levy Nova Scotia Cattlemen’s Association The Nova Scotia Cattlemen’s Association, acting under the authority of

Section 46 of

Chapter 6 of the Revised Statutes of Nova Scotia, 1989, the Agriculture and Marketing Act, hereby gives notice to (

a) require any person engaged in the production of the commodity to pay to the Nova Scotia Cattlemen's Association by way of a levy or charge, the sum of $1.50 per head for every head of cattle sold, (

b) require any person engaged in the marketing of the commodity to deduct, from any amount payable by him to any person engaged in the production of the commodity, any amount payable by the latter person to the Nova Scotia Cattlemen's Association by way of the levy or charge, and to remit all amounts deducted to the Nova Scotia Cattlemen's Association, and (

c) revoking any previous levy to be effective on, from and after March 31, 2000. Signed at Antigonish, Nova Scotia on July 14, 2000. (Signed) Charles MacKenzie Charles MacKenzie, President Nova Scotia Cattlemen’s Association Approved July 25, 2000. (Signed) Ernest L. Fage Hon. Ernest Fage Minister of Agriculture and Marketing 556

N.S. Reg. 140/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 140/2000 Made: August 11, 2000 Filed: August 14, 2000 Water and Wastewater Facility Regulations Order in Council 2000-413 made August 11, 2000 Amendment to regulations made by the Governor in Council pursuant to Sections 66 and 111 of the Environment Act The Governor in Council on the report and recommendation of the Acting Minister of the Environment dated July 27, 2000, and pursuant to Sections 66 and 111 of

Chapter 1 of the Acts of 1994-95, the Environment Act, is pleased to amend the Water and Wastewater Facility Regulations in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after October 1, 2000.

Schedule "A" Amendments to the Water and Wastewater Facility Regulations made by the Governor in Council pursuant to Sections 66 and 110 of

Chapter 1 of the Acts of 1994-95, the Environment Act 1

(1) Clause 2(

p) of the Water and Wastewater Facility Regulations made by the Governor in Council by Order in Council 95-299 dated April 11, 1995, is amended by striking out “a septic tank and field” and substituting “an on- site sewage disposal”.

(2) Clause 2(

r) of the regulations is amended by striking out “water softening or filtering” and substituting “water treatment”. 2

Section 14 of the regulations is repealed and the following Part added immediately after

Section 13:

Part IV - Monitoring Public Drinking Water Supplies 14 In this Part (a) “guidelines” means the most recent version of the Department’s Guidelines for Monitoring Public Drinking Water Supplies, as amended from time to time; (b) “ Guidelines for Canadian Drinking Water Quality” means the most recent version of the guidelines published by Health Canada, as amended from time to time: (c) “owner” means a person who owns, operates or maintains a water works system; 557

N.S. Reg. 140/2000 ROYAL GAZETTE

Part II Regulations (d) “public drinking water supply” means a water works system for the provision to the public of piped water for human consumption where the system has at least 15 service connections or serves 25 or more individuals per day at least 60 days of the year; (e) “water works system” means a water supply system where water is furnished or offered by an owner for human consumption, including its source, intake, treatment, storage, transmission and distribution. 15 No person shall own, operate or maintain a public drinking water supply without first registering the public drinking water supply with the Department on a form approved from time to time by the Minister or an Administrator. 16

(1) An owner shall monitor a public drinking water supply for (

a) microbiological quality; (

b) general chemical and physical quality; (

c) disinfection residual, where an owner is using a disinfection system; (

d) source and treated water turbidity, where an owner is using chemically assisted filtration; (

e) fluoride concentrations, where an owner is using fluoridation; and (

f) other substances as may be required by the Minister or an Administrator.

(2) An owner shall ensure that the samples collected pursuant to subsection (1) are tested in the manner and with the frequency set out in the guidelines or as required by the Minister or an Administrator.

(3) An owner shall record the results of the tests performed pursuant to subsection (2) and forward them to an Administrator in accordance with the Department guidelines or as required by the Minister or an Administrator. 17 An owner shall notify the Minister or an Administrator immediately upon becoming aware of (

a) the owner’s public drinking water supply not meeting the bacteriological and chemical criteria set out in the Guidelines for Canadian Drinking Water Quality; 558

N.S. Reg. 140/2000 ROYAL GAZETTE

Part II Regulations (

b) an incidence of raw water contamination; (

c) evidence of an outbreak of waterborne illness; (

d) suspected cross-connection or negative pressure; or (

e) ineffective disinfection due to high turbidity, equipment malfunctions or high chlorine demand, and shall take corrective action as set out in the guidelines or as may be required by the Minister or an Administrator. 18 An owner shall ensure that the microbiological, physical and chemical characteristics of a public drinking water supply do not exceed the maximum acceptable concentration (MAC) and interim maximum acceptable concentration (IMAC) for substances listed in the Guidelines for Canadian Drinking Water Quality. 3

Schedule “A” of the regulations is amended as follows: (

a) Section 2 of “Table 1 - Classification” is repealed and the following Sections substituted: 2 WATER DISTRIBUTION FACILITY CLASSIFICATION Distribution shall be classified as follows according to the population served: 500 - 1500 Class I Facility 1501 - 15 000 Class II Facility 15 001 - 50 000 Class III Facility 50 001 or more Class IV Facility 3 WASTEWATER COLLECTION FACILITY CLASSIFICATION Collection facilities shall be classified as follows according to the population served: 1500 or less Class I Facility 1501 - 15 000 Class II Facility 15 001 - 50 000 Class III Facility 50 001 or more Class IV Facility (

b) clause (

a) of “Table 2 - Water Treatment Facilities” is amended by striking out “chlorination” and substituting “disinfection”; and (

c) item 1 of clause (

c) of “Table 2 - Water Treatment Facilities” is repealed and the following item substituted: 559

N.S. Reg. 140/2000 ROYAL GAZETTE

Part II Regulations 1. Size (

a) Maximum population served, 1 point per 10 000 persons peak day* or any fraction thereof (

b) Design flow average day or 1 point per 4.546 million peak month’s average day, litres (1 million imperial whichever is larger* gallons) per day or any fraction thereof 560

N.S. Reg. 141/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 141/2000 Made: August 11, 2000 Filed: August 14, 2000 Nova Scotia Gaming Foundation Regulations Order in Council 2000-414 made August 11, 2000 Amendment to regulations made by the Governor in Council pursuant to

Section 127 of the Gaming Control Act The Governor in Council on the report and recommendation of the Minister of Health dated July 18, 2000, and pursuant to

Section 127 of

Chapter 4 of the Acts of 1994-95, the Gaming Control Act, is pleased to amend the Nova Scotia Gaming Foundation Regulations made by Order in Council 98-109 dated March 19, 1998, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after August 11, 2000.

Schedule “A” Amendments to the Nova Scotia Gaming Foundation Regulations made by the Governor in Council pursuant to

Section 127 of

Chapter 4 of the Acts of 1994-95, the Gaming Control Act Subsections 8(3) and (4) of the Nova Scotia Gaming Foundation Regulations made by Order in Council 98-109 dated March 19, 1998, are repealed and the following subsection substituted:

(3) Members of the Board are appointed on a voluntary basis and shall only be reimbursed by the Foundation for reasonable expenses incurred in the performance of their duties. 561

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 136/2000
Date	2000-08-25
Type	gazette
Volume / chapter	just regulations rg2 2000 RG2 2000 08 25
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	11749ae4c9bf9590cd5abb150b4f3c4e61d2c523

Source file is stored in the law ingest library (pdf).