@ NS Registry of Regulations. Web Version. 173

Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 29, No. 7 April 15, 2005 Contents Act Reg. No.

Page Crop and Livestock Insurance Act C r o p I n s u r a n c e P l a n f o r S p r i n g G r a i n – a m e n d m e n t .............................. 8 5 /2005 196 Halifax-Dartmouth Bridge Commission Act H a l i f a x - D a r t m o u t h B r i d g e C o m m i s s i o n B y - l a w N o . 2 – a m e n d m e n t ................. 8 2 /2005 174 Health Services and Insurance Act Prosthetic Devices Tariffs Regulations – amendment ............................. 8 3 / 2005 175 Motor Vehicle Act Commercial Carrier Safety Fitness Rating and Compliance Regulations .............. 8 4 / 2005 176 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 Regulations Act and amendments to the Regulations Act made by

Chapter 46 of the Acts of 2004 proclaimed in force.

N.S. Reg. 82/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 7 174 @ NS Registry of Regulations. Web Version. N.S. Reg. 82/2005 Made: Approved: March 24, 2005 Filed: March 30, 2005 Halifax-Dartmouth Bridge Commission By-law No. 2 Order in Council 2005-121 dated March 24, 2005 Amendment to by-laws made by the Halifax-Dartmouth Bridge Commission and approved by the Governor in Council pursuant to

Section 7 of the Halifax-Dartmouth Bridge Commission Act The Governor in Council on the report and recommendation of the Minister of Finance dated February 5, 2005, and pursuant to

Section 7 of

Chapter 192 of the Revised Statutes of Nova Scotia, 1989, the Halifax-Dartmouth Bridge Commission Act, is pleased to approve the amendment to the Halifax-Dartmouth Bridge Commission By-law No. 2 to increase the allowable gross vehicle weight for trucks on the A. Murray MacKay Bridge in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after March 24, 2005.

Schedule “A” Halifax-Dartmouth Bridge Commission By-law No. 2 3(

c) No person shall operate upon the A. Murray MacKay Br idge a vehicle or combination of vehicles, either unladen or with load: (

i) having an axle weight in excess of 9100 kilograms; or (ii) having a gross weight in excess of 58,500 kilograms (62,500 kilograms on or after January 1, 2006); or (iii) having a weight in excess of the maximum weight for an axle assembly (including minimum distances between axle centres and permitted vehicle configurations) operating on a

Schedule “C” highway specified in

Schedule “A” to the “Weights and Dimensions of Vehicles Regulations” (the “Regulations”) made by the Minister of Transportation and Public Works pursuant to

Section 191 of the Motor Vehicle Act (Nova Scotia); (iv) words which are defined in the Regulations sh all have the same meaning in this

Section as they respectively are given in the Regulations.

N.S. Reg. 83/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 7 @ NS Registry of Regulations. Web Version. 175 N.S. Reg. 83/2005 Made: February 28 and March 24, 2005 Approved: March 24, 2005 Filed: March 30, 2005 Prosthetic Devices Tariffs Regulations Order in Council 2005-122 dated March 24, 2005 Amendment to regulations made by the Minister of Health and the Governor in Council pursuant to

Section 13 and subsection 17(2) of the Health Services and Insurance Act The Governor in Council on the report and recommendation of the Minister of Health dated February 28, 2005, and pursuant to subsection 17(2) of

Chapter 197 of the Revised Statutes of Nova Scotia, 1989, the Health Services and Insurance Act, is pleased, effective on and after April 1, 2005, to (

a) amend the Prosthetic Devices Tariffs Regulations, N.S. Reg. 32/99, made by the Minister of Health and the Governor in Council by Order in Council 1999-146 dated April 7, 1999, in accordance with the extension of the tariff amounts made by the Minster of Health pursuant to clause 13(1)(

c) of the Act, in the manner set forth in

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

b) approve the authorization by the Minister of Hea lth of payments in respect of the tariff extension referred to in clause (a). Order In the matter of an amendment to the Prosthetic Devices Tariffs Regulations made pursuant to

Section 13 and subsection 17(2) of the Health Services Insurance Act - and - In the matter of an extension of the tariff of fees established by the Minister of Health pursuant to clause 13(1)(

c) of the Health Services Insurance Act with respect to prosthetic devices I, Angus MacIsaac, Minister of Health for the Province of Nova Scotia, pursuant to clause 13(1)(

c) of

Chapter 197 of the Revised Statutes of Nova Scotia, 1989, the Health Services and Insurance Act, hereby extend the tariffs of fees for arm and leg prostheses and mastectomy prostheses, as established in the Prosthetic Devices Tariffs Regulations, N.S. Reg. 32/99, made by the Minister of Health and the Governor in Council by Order in Council 1999-146, dated April 7, 1999, until March 31, 2008, as set out in the amendments to the regulations set forth in

Schedule “A”, and I authorize payments in respect of the tariffs as extended. This Order is effective on and after April 1, 2005. Dated and made at Halifax Regional Municipality, Province of Nova Scotia, February 28, 2005. Sgd: Angus MacIssac Honourable Angus MacIsaac Minister of Health

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Schedule “A” Amendments to the Prosthetic Devices Tariffs Regulations made by the Minister of Health and the Governor in Council pursuant to

Section 13 and subsection 17(2) of

Chapter 197 of the Revised Statutes of Nova Scotia, 1989, the Health Services and Insurance Act The Prosthetic Devices Tariffs Regulations, N.S. Reg. 32/99, made by the Minister of Health and the Governor in Council by Order in Council 1999-146 dated April 7, 1999, are amended by (

a) striking out “2005” in subsections 2( 2) and 3(2) and substituting “2008”; and (

b) striking out “2005” in the titles of Sc hedules “A” and “B” and substituting “2008”. N.S. Reg. 84/2005 Made: March 31, 2005 Filed: April 4, 2005 Commercial Carrier Safety Fitness Rating and Compliance Regulations Order in Council 2005-145 dated March 31, 2005 Regulations made by the Governor in Council pursuant to

Section 303G of the Motor Vehicle Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated March 14, 2005, and pursuant to

Section 303G of

Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act, is pleased, effective on and after March 22, 2005, to (

a) repeal the regulations respecting commercial vehi cle carrier profile and compliance made by Order in Council 97-321 dated June 3, 1997, N.S. Reg. 60/97; and (

b) make new regulations respecting commercial carri er safety fitness rating and compliance in the form set forth in

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

Schedule “A” Regulations Respecting Commercial Carrier Safety Fitness Rating and Compliance made pursuant to

Section 303G of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act Citation 1 These regulations may be cited as the Commercial Carrier Safety Fitness Rating and Compliance Regulations.

Definitions 2 In these regulations,

N.S. Reg. 84/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 7 @ NS Registry of Regulations. Web Version. 177 (a) “acceptable safety fitness rating” means a rating of satisfactory, satisfactory unaudited, or conditional given by the Registrar to a carrier under

Section 6; (b) “Act” means the Motor Vehicle Act; (c) “adequately insured”, with respect to a ca rrier, means having the insurance required by the regulations respecting carriage of freight by vehicle made under the Act; (d) “at-fault collision” means a reportable accident in which the Registrar deems the driver to be fully or partially responsible for the accident; (e) “carrier” means a carrier as defined in clause 303A(

a) of the Act; (f) “commercial vehicle” means a commercial vehi cle as defined in clause 303A(

b) of the Act; (g) “Commercial Vehicle Safety Alliance” means the non-profit corporation with head office in Washington, D.C, United States, consisting of representatives of federal, state and provincial government agencies and private industry in the United States, Canada and the Republic of Mexico that is dedicated to improving commercial vehicle safety; (h) “conditional rating” means the safety fitness rating given to a carrier in accordance with subsection 6(3); (i) “cumulative fleet size” means the total of the single-day fleet sizes for a carrier over a period of time prescribed by the Registrar; (j) “demerit point” means a point value set out in Appendix “A” - Demerit Point System Table opposite a conviction, out-of-service inspection or at-fault collision and assigned to a carrier as a demerit for the conviction, out-of-service inspection or at-fault collision; (k) “demerit index” means a single index calcula ted in accordance with

Section 17 that combines a carrier’s overall demerit points; (l) “driver” means a driver of a commercial vehicle licensed under the Act; (m) “emergency vehicle” means a vehicle operated by or on behalf of a police force or fire department or an ambulance; (n) “facility audit” means an audit performed by the Department, or an agent authorized by the Department, of a carrier’s compliance with the record keeping requirements of

Section 303D of the Act; (o) “inspection” means an inspection of a driv er or commercial vehicle using the criteria established by the Commercial Vehicle Safety Alliance; (p) “intervention level 1” means the demerit inde x value calculated in accordance with subsection 18(2) that requires the Registrar to intervene with a carrier in accordance with subsection 20(1); (q) “intervention level 2” means the demerit inde x value calculated in accordance with subsection 18(3) that requires the Registrar to intervene with a carrier in accordance with subsection 20(2);

N.S. Reg. 84/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 7 178 @ NS Registry of Regulations. Web Version. (r) “intervention level 3” means the demerit inde x value calculated in accordance with subsection 18(4) that requires the Registrar to intervene with a carrier in accordance with subsection 20(3); (s) “National Safety Code number” means an id entification number assigned to a carrier by the Registrar; (t) “out-of-service inspection” means an inspection by a motor vehicle inspector in the course of which a driver or commercial vehicle is found to be unsafe to operate on a highway; (u) “reciprocating jurisdiction” means a reciprocating jurisdiction as defined in clause 303A(

c) of the Act; (v) “reportable accident” means an accident involving a commercial vehicle that results in (

i) injury or death to a person, or (ii) property damage that appears to be of $1000 or more; (w) “safety fitness certificate” means the certificate issued by the Department in accordance with

Section 9; (x) “safety fitness rating” means the rating that must be given to a carrier by the Registrar based upon the factors set out in subsection 4(1); (y) “satisfactory rating” means the safety fitn ess rating given to a carrier in accordance with subsection 6(1); (z) “satisfactory unaudited rating” means the safet y fitness rating given to a carrier in accordance with subsection 6(2); (aa) “single-day fleet size” means the total number of commercial vehicles that a carrier owns, leases or is otherwise responsible for on any particular day; (ab) “unsatisfactory rating” means the safety f itness rating given to a carrier in accordance with subsection 6(4); and (ac) “vehicle” means a vehicle as defined in clause 2(ca) of the Act.

Application of regulations 3( 1 ) Except as provided in subsection (2), these regulations apply to (

a) the following commercial vehicles registered in the Province or a reciprocating jurisdiction: (

i) a truck, truck-tractor, trailer, or a combina tion thereof that has a registered gross vehicle weight of more than 4500 kg, (ii) a bus designed, constructed and used fo r transporting passengers, with a designated seating capacity of more than 10 persons, including the driver; (

b) the following drivers licensed under the Act or by a reciprocating jurisdiction:

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i) an employee of a carrier who drives a commercial vehicle to which these regulations apply that a carrier owns, leases or is otherwise responsible for, (ii) a carrier, while driving a commercial vehicl e to which these regulations apply that the carrier owns, leases or is otherwise responsible for; (

c) carriers that operate commercial vehicles to which these regulations apply in the Province.

(2) These regulations do not apply to the following vehicles: (

a) a recreational vehicle or a vehicle towing a r ecreational vehicle, when not being operated for the purpose of commercial venture for profit or gain; (

b) an emergency vehicle; (

c) a bus, when being operated for personal use. How safety fitness rating is given 4( 1 ) The Registrar must give each carrier a safety fitness rating based on the categories of safety fitness rating in

Section 6 and, except as exempted under subsection 7(3), the carrier’s application for a safety fitness rating.

(2) The Registrar may review the safety fitness rating of a carrier at any time and may change the carrier’s rating in accordance with these regulations.

(3) Despite subsection (1), a carrier that is given a safety fitness rating by a reciprocating jurisdiction that is, in the opinion of the Registrar, equivalent to the safety fitness rating that the Registrar would have given to the carrier, does not require a safety fitness rating from the Registrar but is deemed, for the purposes of these regulations, to have the safety fitness rating the Registrar would have given to the carrier.

Prohibition against operating without safety fitness rating and safety fitness certificate 5( 1 ) A driver must not drive, and a carrier must not permit a commercial vehicle to be driven, upon a highway unless the carrier has a satisfactory, satisfactory unaudited or conditional rating and a valid safety fitness certificate issued by the Registrar, or is deemed to have a satisfactory, satisfactory unaudited or conditional rating under subsection 4(3).

(2) The Registrar must not register a commercial vehicle of a carrier or issue a carrier a vehicle permit, replacement number plate or replacement validation sticker unless the carrier has a satisfactory, satisfactory unaudited or conditional rating and a valid safety fitness certificate issued by the Registrar. Categories of safety fitness ratings 6( 1 ) The Registrar must give a satisfactory rating to a carrier if all of the following apply to the carrier: (

a) the carrier’s demerit index is equa l to or less than intervention level 1; (

b) the carrier has passed a facility audit; (

c) the Registrar is otherwise satisfied as to the carrier’s ability to operate safely.

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(2) The Registrar must give a satisfactory unaudited rating to a carrier if all of the following apply to the carrier: (

a) the carrier’s demerit index is equa l to or less than intervention level 1; (

b) the carrier has not had a facility audit; (

c) the Registrar is otherwise satisfied as to the carrier’s ability to operate safely.

(3) The Registrar must give a conditional rating to a carrier if any of the following apply to the carrier and the Registrar is otherwise satisfied as to the carrier’s ability to operate safely: (

a) the carrier’s demerit index is (

i) intervention level 2, or (ii) intervention level 3 and the Registra r has not held a hearing under

Section 24; (

b) at a hearing under

Section 24, the Registrar pe rmits the carrier to undertake another action plan under clause 24(2)(a); (

c) the carrier has failed a facility audit, except a facility audit under

Section 25; or (

d) the carrier passes a facility audit under

Section 25.

(4) The Registrar must give an unsatisfactory rating to a carrier if any one of the following applies to the carrier: (

a) the carrier’s demerit index is interventi on level 3 and at a hearing under

Section 24 the Registrar does not permit the carrier to undertake another action plan under clause 24(2)(a); (

b) the carrier is not adequately insured; (

c) the carrier fails to comply with any speci al operating condition imposed under clause 24(3)(a); (

d) the carrier fails to renew a safety fitness certificate under

Section 10 [7] before the expiry date; (

e) the Registrar revokes the carrier’s safety fitness certificate under

Section 11; or (

f) the Registrar is otherwise not satisfied as to the carrier’s ability to operate safely. Application for safety fitness rating and safety fitness certificate and renewals 7( 1 ) An application for a safety fitness rating and safety fitness certificate, or for renewal of a safety fitness certificate, must be made on the form prescribed by the Registrar and, except as exempted under subsection (3), must be submitted to the Registrar together with all of the following: (

a) proof of the carrier’s insurance, as prescribed by the regulations respecting carriage of freight by vehicle made under the Act; (

b) proof of the carrier’s incorporation or partnership registration, if applicable;

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c) proof that the carrier, if incorporated, has ma de all required filings and registrations with the Registry of Joint Stock Companies, and is in good standing with the Registry of Joint Stock Companies; (

d) a declaration, made by a person familiar w ith the business operations of the carrier and who has the authority to bind the carrier, that contains (

i) certification that the information in the application is true, (ii) acceptance of responsibility by the carrier for the operation of commercial vehicles imposed by law on the carrier, (iii) a statement of whether any principal, director, officer or partner of the carrier is or has been a member of a carrier that has or has had an unsatisfactory rating in Nova Scotia or an equivalent rating in any reciprocating jurisdiction, and (iv) details surrounding the revocation of, or refusal to issue, any safety fitness certificate or equivalent issued to the carrier; (

e) if the carrier has been issued a safety fitn ess certificate or equivalent in a reciprocating jurisdiction and the carrier is moving their operation to Nova Scotia, a copy of their government operating record from the reciprocating jurisdiction; (

f) an application fee of $53.00, unless exempted under subsection (2); (

g) any additional information and docum entation that the Registrar requires.

(2) There is no application fee for a carrier that makes an application for only a vehicle or vehicles owned by a non-profit, charitable or religious organization used exclusively for transporting passengers and not for the purpose of gain.

(3) A carrier is not required to apply for a safety fitness rating and safety fitness certificate or apply for a renewal of a safety fitness certificate if each commercial vehicle that the carrier owns, leases or otherwise is responsible for is a vehicle with farm plates registered to a farmer. False statement made in application 8 A person must not make a false statement in an application by a carrier for a safety fitness rating and safety fitness certificate, or for renewal of a safety fitness certificate. Issuance of safety fitness certificate 9( 1 ) The Registrar may issue or renew a safety fitness certificate in accordance with these regulations.

(2) A safety fitness certificate is valid for 1 year.

(3) A safety fitness certificate must state (

a) the name of the carrier; (

b) the address of the carrier’s principal place of business in Nova Scotia; (

c) the National Safety Code number assigned to the carrier;

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d) the carrier’s safety fitness rating at the time the certificate is issued; (

e) the expiry date of the certificate. Refusal to issue safety fitness certificate 10

(1) The Registrar may refuse to issue or renew a safety fitness certificate, if (

a) the application is not complete , in accordance with subsection 7(1); (

b) the application contains a false statement; (

c) the carrier has had an unsatisfactory rating in Nova Scotia or an equivalent rating in a reciprocating jurisdiction; (

d) the carrier, if incorporated, has not made all required filings and registrations with the Registry of Joint Stock Companies, or is not in good standing with the Registry of Joint Stock Companies; (

e) a principal, director, officer or partner of the carrier is or has been a member of a carrier that has or has had an unsatisfactory rating in Nova Scotia or an equivalent rating in a reciprocating jurisdiction; (

f) the carrier is not adequately insured; or (

g) the Registrar is otherwise not satisfied as to the carrier’s ability to operate safely.

(2) The Registrar must refuse to issue a carrier a safety fitness certificate or refuse to renew a carrier’s safety fitness certificate if the carrier has an unsatisfactory rating. Revocation of safety fitness certificate 11

(1) The Registrar may revoke a carrier’s safety fitness certificate if (

a) the carrier’s application contains a fa lse statement, in accordance with

Section 8; (

b) the carrier has had an unsatisfactory rating in Nova Scotia or an equivalent rating in a reciprocating jurisdiction; (

c) the carrier, if incorporated, has not made all required filings and registrations with the Registry of Joint Stock Companies, or is not in good standing with the Registry of Joint Stock Companies; (

d) a principal, director, officer or partner of the carrier is or has been a member of a carrier that has or has had an unsatisfactory rating in Nova Scotia or an equivalent rating in a reciprocating jurisdiction; (

e) the applicant is not adequately insured; or (

f) the Registrar is otherwise not satisfied as to the carrier’s ability to operate safely.

(2) The Registrar must revoke a carrier’s safety fitness certificate if the carrier has an unsatisfactory rating.

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(3) If the Registrar revokes a carrier’s safety fitness certificate, the Registrar must suspend or cancel the number plates and vehicle permits that have been issued for any commercial vehicle that the carrier owns, leases or is otherwise responsible for, for a period of time considered appropriate by the Registrar.

(4) If the Registrar suspends or cancels a carrier’s number plates and vehicle permits under subsection (2), the carrier must immediately return to the Registrar all those number plates and vehicle permits.

(5) If the Registrar revokes a carrier’s safety fitness certificate, the carrier is deemed to have an unsatisfactory rating from and including the date of revocation. Replacement safety fitness certificate 12

(1) If the Registrar changes the safety fitness rating of a carrier in accordance with subsection 4(2) before the expiry date of the carrier’s safety fitness certificate, the Registrar must issue the carrier a replacement certificate, at no fee, that is valid until the expiry date of the fitness certificate that is being replaced.

(2) If a carrier changes their name or their principal place of business in Nova Scotia, the carrier must notify the Registrar with details of the change within 10 days of the change.

(3) If a carrier changes any of its principals, directors, officers or partners, the carrier must notify the Registrar with details of the change, including whether any new principal, director, officer or partner is or has been a member of a carrier that has or has had an unsatisfactory rating in Nova Scotia or an equivalent rating in a reciprocating jurisdiction, within 10 days of the change.

(4) Except as provided in subsection (5), when the Registrar receives notification in accordance with subsection (2) or (3), the Registrar must issue a replacement certificate, at no fee, that is valid until the expiry date of the safety fitness certificate that is being replaced.

(5) The Registrar may refuse to issue a replacement safety fitness certificate if a new principal, director, officer or partner of the carrier is or has been a member of a carrier that has or has had an unsatisfactory rating in Nova Scotia or an equivalent rating in a reciprocating jurisdiction, and may revoke the carrier’s safety fitness certificate in accordance with

Section 11.

(6) When a replacement certificate is issued to a carrier under this Section, the carrier must destroy the certificate that is replaced along with all copies of it. (7) Subsections (2) and (3) do not apply to a carrier if each commercial vehicle that the carrier owns, leases or is otherwise responsible for is a vehicle with farm plates registered to a farmer. Extending safety fitness certificate 13

(1) Despite any other provision of these regulations, the Registrar may permit a carrier to operate for up to 30 days after the expiry date of their safety fitness certificate.

(2) Despite any other provision of these regulations, the Minister may authorize the Registrar to extend the term of a carrier’s safety fitness certificate for as long as the Minister requires. Carrier record maintained by Registrar 14

(1) The Registrar must maintain a record for each carrier that includes all of the following: (

a) the National Safety Code number assigned to the carrier;

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b) the carrier’s current safety fitness rating; (

c) warnings, refusals to issue or revocations of safety fitness certificates, suspensions of number plates, cancellations of vehicle permits and contraventions of enactments of the Province, a reciprocating jurisdiction or the Parliament of Canada relating to motor vehicles that are incurred by the carrier; (

d) results of safety inspections, trip inspections and facility audits; (

e) results of interviews under

Section 22 and hear ings under

Section 24, including an action plans to be carried out and special operating conditions imposed; (

f) convictions, reportable accidents and inspections of a driver, and including a conviction for an offence committed by a driver while the driver was employed by the carrier whether or not the driver is employed by the carrier at the time of the conviction; (

g) the demerit points assigned to the carrier.

(2) The Registrar must maintain 3 separate totals of the demerit points assigned to a carrier as follows: (a) 1 total for convictions; (b) 1 total for at-fault collisions; and (c) 1 total for out-of-service inspections.

(3) Demerit points must be assigned by the Registrar as set out in Appendix “A” - Demerit Point System Table for all of the following: (

a) a conviction; (

b) an out-of-service inspection; (

c) an at-fault collision resulting in property damage; (

d) an at-fault collision resulting in physical injury; (

e) an at-fault collision resulting in fatality. Removal of demerit points 15

(1) The Registrar must remove the demerit points assigned to a carrier for a conviction from the carrier’s record 2 years after the date of the conviction.

(2) The Registrar must remove the demerit points assigned to a carrier for an out-of-service inspection or an at-fault collision from the carrier’s record 2 years after the date of the inspection or the collision.

(3) The Registrar may remove demerit points in accordance with the results of a show cause hearing under

Section 24.

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Part II - Regulations Vol. 29, No. 7 @ NS Registry of Regulations. Web Version. 185 Calculation of adjusted demerit point totals 16 The Registrar must prescribe formulas to adjust the 3 separate totals of demerit points required by subsection 14(2) to eliminate, as far as possible, differences between carriers that, (

a) for the demerit point totals for convictions a nd at-fault collisions, are the result of differences in cumulative fleet size; (

b) for the demerit point total for out-of-service insp ections, are the result of differences in the number of inspections a carrier receives. Calculation of demerit index 17 The Registrar must prescribe a formula to combine the 3 adjusted totals for a carrier, calculated in accordance with

Section 16, into a single index of the carrier’s overall demerit points, which is the demerit index for the carrier. Calculation of intervention levels 18

(1) The Registrar must prescribe a formula to identify a demerit index number value for each of intervention levels 1, 2 and 3 in accordance with subsections (2) to (4).

(2) Intervention level 1 is the demerit index number value that 5% of all carriers is expected to exceed.

(3) Intervention level 2 is the demerit index number value that 2% of all carriers is expected to exceed.

(4) Intervention level 3 is the demerit index number value that 0.2% of all carriers is expected to exceed. Registrar may revise formulas 19 The Registrar may revise the formulas prescribed under Sections 16, 17 and 18 in accordance with a statistical analysis of carriers’ records. Intervention by Registrar 20

(1) If a carrier’s demerit index is intervention level 1, the Registrar must (

a) notify the carrier of this in writing; and (

b) advise the carrier in the notice that (

i) a facility audit may be carried out on the carrier, and (ii) if the carrier is assigned further demerit points that increase the carrier’s demerit index to intervention level 2, the Registrar may require the carrier to attend an interview with a person designated by the Registrar to formulate a plan for the carrier in accordance with subsection (2).

(2) If a carrier’s demerit index is intervention level 2, the Registrar must (

a) notify the carrier of this in writing; and (

b) advise the carrier in the notice that (

i) a facility audit may be carried out on the carrier, and

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Section 22.

(3) If a carrier’s demerit index is intervention level 3, or if the carrier fails to attend an interview required by the Registrar under subsection (2), the Registrar must (

a) notify the carrier of this in writing; (

b) advise the carrier in the notice that (

i) a facility audit may be carried out on the carrier, and (ii) the Registrar may require the carrier to attend a hearing to show cause why the carrier should not be given an unsatisfactory rating in accordance with

Section 24. When notice deemed served 21

(1) A notice referred to in

Section 20 that is made by Priority Post or courier service is deemed to have been served on the 3rd day after the notice is sent.

(2) A notice referred to in

Section 20 that is made by ordinary mail is deemed to have been served on the 5th day after the notice is sent. Interview of carrier at intervention level 2 22 At an interview required by the Registrar under subsection 20(2), the person designated by the Registrar and the carrier must (

a) attempt to identify the reasons why the carri er’s demerit index is higher than average; (

b) evaluate possible action plans to prevent further demerit points; and (

c) attempt to jointly decide on an appropriate ac tion plan that the carrier is willing to carry out and commits to. Registrar may permit action plan for carrier at intervention level 3 23

(1) Before requiring a carrier to attend a show cause hearing under subsection 20(3), the Registrar may permit a carrier to undertake an appropriate action plan satisfactory to the Registrar that the carrier is willing to carry out and commits to if (

a) the carrier has not had an opportunity to undert ake an action plan before attaining a demerit index of intervention level 3; and (

b) the Registrar is satisfied that the continued ope ration of the carrier will not adversely affect the safety of the public.

(2) If the Registrar permits a carrier to undertake an action plan under subsection (1), the Registrar may impose any special operating conditions that the Registrar considers appropriate. Show cause hearing for intervention level 3 or failure to attend interview 24

(1) At a show cause hearing required by the Registrar under subsection 20(3), the Registrar and the carrier must (

a) review the carrier’s record; and

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b) if applicable, identify the reasons why th e action plan agreed to under

Section 22 or undertaken under

Section 23 failed.

(2) Following the hearing, the Registrar may decide to (

a) permit the carrier to undertake a more effectiv e action plan than the previous action plan that was agreed to under

Section 22 or undertaken under

Section 23, if the Registrar is satisfied that (

i) the carrier made a sincere effort and took reasonable steps to comply with the previous action plan, (ii) the carrier is willing to carry out and commits to carry out the more effective action plan, and (iii) the continued operation of the carrier will not adversely affect the safety of the public; or (

b) give the carrier an unsatisfactory rating and revoke the carrier’s safety fitness certificate in accordance with

Section 11.

(3) If the Registrar permits the carrier to undertake a more effective action plan under clause (2)(a), the Registrar may do any or all of the following: (

a) impose any special operating conditions th at [the] Registrar considers appropriate; (

b) leave the carrier’s conditional rating unchanged for a period of time considered appropriate by the Registrar; (

c) remove any number of demerit points from the carrier’s record that the Registrar considers appropriate.

(4) If a carrier is assigned further demerit points after receiving permission from the Registrar to undertake a more effective action plan under clause (2)(a), or if the carrier fails to comply with any special operating condition imposed under clause (3)(a), the Registrar may immediately give the carrier an unsatisfactory rating and revoke the carrier’s safety fitness certificate in accordance with

Section 11.

(5) If the carrier fails to attend the hearing, the Registrar may take any action that the Registrar could have taken if the carrier had attended the hearing. Procedure for reassessing an unsatisfactory rating of a carrier given after a hearing 25

(1) A carrier whose safety fitness certificate is revoked as a result of a hearing may, after the period of time imposed under clause [subsection] 11(3), request that the Registrar conduct a facility audit of the carrier.

(2) If a carrier passes a facility audit requested under subsection (1), the Registrar must (

a) restore the carrier’s safety fitness certificate; (

b) give the carrier a conditional rating for a pe riod of time considered appropriate by the Registrar; and

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c) remove all demerit points previously assigned to the carrier.

(3) If the carrier does not pass the facility audit, the carrier keeps an unsatisfactory rating and the carrier’s safety fitness certificate remains revoked. Appendix A Demerit Point System Table Convictions Offence

Section Points Driver-related offences Motor Vehicle Act offences: 1 Failing to obey peace officer (specify directions disobeyed) 83(1) 3 2 Failing to obey traffic signs or signals (specify) 83(2) 3 Failing to yield right of way to pedestrians on green or flashing green light 93(2)(a) 3 4 Failing to proceed in direction of arrow on green arrow light 93(2)(b) 3 5 Failing to yield right of way to pedestrians on green arrow light 93(2)(b) 3 6 Failing to stop at amber light when able to stop in safety 93(2)(

c) or (d) 3 7 Failing to stop at red light 93(2)(e) 3 8 Failing to yield to pedestrian on right turn at red light 93(2)(e) 3 9 Failing to stop at flashing red light before entering intersection 93(2)(f) 3 10 Failing to yield to pedestrians or other vehicles (specify) at flashing red light 93(2)(f) 3 11 Failing to proceed with caution at flashing amber light 93(2)(g) 3 12 Failing to yield to traffic in proximity of intersection at flashing amber light 93(2)(g) 3 13 Failing to yield to pedestrians at walk light 93(2)(h) 3 14 Travelling in lane marked with red “X” traffic lane signal 93(4)(b) 2 15 Failing to immediately stop at scene of an accident 97(1) 3 16 Failing to provide name, address and registration after having an accident 97(3) 3 17 Failing to provide reasonable assistance to person injured after having an accident 97(3) 3 18 Failing to take reasonable steps to locate and notify other party after collision with unattended vehicle or property (specify) 97(4) 3 19 Failing to report accident to police where injury or death or property damage of over $1000 occurs (specify) 98(10) 3 20 Careless and imprudent driving 100(2) 2 21 Operating vehicle at excessive speed for existing conditions 101 3 22 Exceeding prima facie speed limit 102(1) 3 23 Failing to stop for stopped school bus exhibiting flashing red lights 103(3) 3

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Section Points @ NS Registry of Regulations.

Web Version. 189 24 Driving in excess of posted limit by between 1 and 15 km/hr 106A(a) 3 25 Driving in excess of posted limited by between 16 and 30 km/hr 106A(b) 3 26 Driving in excess of posted limited by 31 km/hr or more 106A(c) 3 27 Failing to obey stop or speed sign on bridge or causeway (specify sign) 108(3) 3 28 Failing to drive on right side of highway 110(1) 3 29 Failing to drive to right when approaching intersection, railroad right-of-way or narrow bridge or tunnel (specify one) 110(2) 3 30 Failing to drive to right on one-way street 110(4) 2 31 Failing to drive in right hand lane 111(a) 2 32 Changing lanes unsafely 111(b) 2 33 Driving in centre lane on three-lane highway 111(c) 2 34 Failing to follow posted lane speeds 111(d) 2 35 Driving or parking (specify) vehicle on left hand roadway where highway is divided 112(1)(a) 2 36 Passing improperly 114 3 37 Driving left of centre line 115(1) or (2) 3 38 Following too closely 117(1) 3 39 Commercial vehicle following within 60 m 117(2) 3 40 Failing to signal 119(1) 2 41 Improper signal 119(2) 2 42 Backing vehicle when such movement unsafe 120(1) 2 43 Turning vehicle to proceed in opposite direction where visibility less than 150 m 120(2) 2 44 Failing to obey signs prohibiting turns (specify sign violated) 120(4) 2 45 Making prohibited turn at exit ramp 121 2 46 Failing to yield right of way 122 4 47 Failing to yield to emergency vehicles giving audible and visible signals 123(2) 3 48 Failing to yield to pedestrians within crosswalk 125(1) 3 49 Passing stopped vehicle at crosswalk 125(2) 3 50 Permitting a person to ride on portion of vehicle not designed for passenger 129(3) 2 51 Driving when control or view obs tructed by load or passenger 129(7) 2 52 Operating bus with open door 130 2 53 Driving through safety zone 131 2 54 Failing to stop at railway crossing 132(1) 3 55 Failing to stop at stop sign 133(1) 3 56 Failing to obey yield sign 134(3) 3 57 Stopping or parking in prohibited area 143 2 58 Operating motor vehicle on highway in race or on wager 163(1) 3 59 Driving while license cancelled, revoked or suspended 287(2) 3

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Section Points 190 @ NS Registry of Regulations. Web Version. Criminal Code (Canada) offences: 1 Criminal negligence 219 5 2 Criminal negligence causing death 220 5 3 Criminal negligence causing bodily harm 221 5 4 Dangerous operation of a motor vehicle 249(1)(a) 5 5 Dangerous operation of a motor vehicle causing bodily harm 249(3) 5 6 Dangerous operating of a motor vehicle causing death 249(4) 5 7 Failing to stop at scene of accident 252(1) 5 8 Impaired driving 253(a) 5 9 Operating or having care and control of motor vehicle when blood alcohol level exceeds 80 mgs/100 ml 253(b) 5 10 Refusing to comply with demand made by peace officer under

Section 254 254(5) 5 11 Impaired driving causing bodily harm 255(2) 5 12 Impaired driving causing death 255(3) 5 13 Operating a motor vehicle while disqualified 259(4)(

a) or (b) 5 Driver-related and carrier-related violations Motor Vehicle Act offences: 1 Operating or permitting operation of motor vehicle without valid number plate issued for that vehicle 37(a) 3 2 Displaying number plate not issued for vehicle 37(c) 3 3 Failing to exhibit slow movement emblem or device on a motor vehicle 117(4) 2 4 Driver failing to place and maintain flares at front and rear of disabled commercial vehicle 140(1) 2 5 Vehicle failing to have proper lighted head lamps and rear lamps 174(1) 2 6 Vehicle failing to have two head lamps 174(2) 1 7 Vehicle failing to have properl y functioning rear lamps 174(4) 1 8 Vehicle failing to have properl y functioning clearance lamps 174(5) 2 9 Vehicle failing to display proper marker lights or reflectors 174(11) 2 10 Vehicle failing to have proper electric turn signals 177(3) 1 11 Vehicle failing to have properly functioning brake lights at rear of vehicle 177(9) 1 12 Vehicle failing to have adequate brakes 181(1) 3 13 Vehicle failing to have properly functioning speedometer and odometer 182 1 14 Vehicle failing to have pr operly functioning horn 183(1) 1 15 Vehicle failing to have securely attached mirror 184(1) 1 16 Vehicle failing to have outside rear-vision mirror where view obstructed by trailer 184(2) 1 17 Vehicle failing to have windshield 184(3) 1

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Section Points @ NS Registry of Regulations.

Web Version. 191 18 Driving vehicle with windows or wi ndshield (specify) obstructed 184(4) 1 19 Driving vehicle with ornament obstructing vision of driver 184(5) 1 20 Vehicle failing to have ade quate windshield wipers 184(6) 1 21 Vehicle failing to have proper flag or light (specify) displayed at end of load 185 2 22 Driving vehicle with tailgate of vehicle open 186 4 23 Vehicle failing to have muffler in good working order 187(1) 1 24 Vehicle failing to have proper equipment to prevent escape of excessive fumes or smoke (specify) 187(2) 1 25 Towbar between vehicles exceeding 5 m 190(2) 4 26 Towbar between vehicles transporting poles exceeding 8 m 190(2) 4 27 Failing to have vehicle we ighed when ordered 192(4) 3 28 Vehicle on highway with leaking load 199(1) 3 29 Vehicle failing to have mudguards, fenders or flaps (specify) 199(2) 1 30 Driving motor vehicle without insurance 230(1) 3 31 Directing driver to operate vehicle equipped otherwise than permitted by law (specify) 260(1) 3 32 Directing driver to operate vehicle exceeding weight permitted by law (specify) 260(1) 3 33 Directing driver to operate ve hicle in manner contrary to law (specify) 260(1) 3 34 Operating vehicle on highway equipped in manner prohibited by Motor Vehicle Act or regulations (specify) 260(2) 1 Commercial Vehicle Drivers’ Hours of Work Regulations offences: 1 Carrier permitting driver to exceed, or driver exceeding, permitted driving time 4(1) 3 2 Failing to be off duty for 24-hour period prior to accumulating 75 hours on duty 4(2) 5 3 Failing to comply with number of hours off duty specified by inspector 65 4 Failing to comply with conditions on permit 8(2) 5 5 Carrier permitting driver to drive, or driver driving, when driver declared out of service 10 5 6 Failing to maintain a daily log in duplicate 13 2 7 Failing to maintain graph grid and record information in daily log 15 2 8 Failing to retain and produce required documents on demand of inspector 16 3 9 Carrier permitting driver to drive, or driver driving, a commercial vehicle without required daily logs in driver’s possession 17 2 10 Driver failing to enter in log total hours on duty 20 2 11 Driver failing to forward copy of daily log to carrier 22 3 12 Driver failing to forward daily log to home terminal or carrier’s principal place of business in Nova Scotia 23 3

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Section Points 192 @ NS Registry of Regulations.

Web Version. 13 Carrier failing to keep logs or documents for 6 months at principal place of business in Nova Scotia 24 3 14 Driver maintaining more than one daily log 26(1) 3 15 Carrier or driver falsifying or permitting falsification of logs or other documents 26(2) 3 Commercial Vehicle Trip Inspection and Records Regulations offences: 1 Failing to perform pre-trip inspection 3 1 2 Failing to record defects noted in inspection 5 3 3 Failing to record defects observed while in charge of vehicle 6 1 4 Failing to repair items on inspection report 8 3 5 Carrier failing to maintain required records 11 5 6 Carrier failing to maintain records at principal place of business in Nova Scotia for time period required 12 5 Commercial Vehicle Maintenance Standards offences: 1 Carrier failing to inspect, repair and maintain vehicles or failing to cause vehicles to be inspected, repaired and maintained 4(1) 3 2 Carrier failing to comply with commercial vehicle component performance standards 4(1)(a) 2 3 Carrier failing to ensure that replacement parts comply with requirements 4(1)(b) 3 4 Carrier failing to maintain records for vehicles 4(2) 5 5 Carrier failing to retain records at principal place of business in Nova Scotia for required period 4(3) 5 6 Carrier failing to comply with lubrication standards 5 5 7 Obstructing or hindering an inspector in the performance of duties 6(3) 3 8 Carrier or representative failing to assist an inspector in performance of duties 7(2) 3 Weights and Dimensions of Vehicles Regulations offences: (Points are assigned only if the amount of weight greater than that permitted is more than 2000 kg.) 1 Operating or causing to be ope rated vehicle not represented in

Schedule A of regulations 3(1) 3 2 Operating or causing to be operated vehicle with improper lift axle 3(4) 3 3 Operating or causing to be opera ted vehicle with overall width greater than 2.6 m 4(1)(a) 1 4 Operating or causing to be operate d vehicle with mirrors extending more than 300 mm on each side 4(1)(b) 1 5 Operating or causing to be ope rated vehicle with auxiliary equipment extending more than 100 mm on each side 4(1)(c) 1 6 Operating or causing to be opera ted vehicle with overall height greater than 4.15 m 4(1)(d) 3

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Section Points @ NS Registry of Regulations. Web Version. 193 7 Operating or causing to be opera ted single vehicle with overall length greater than 12.5 m 4(1)(e) 3 8 Operating or causing to be opera ted vehicle with front overhang greater than 1.0 m 4(1)(f) 3 9 Operating or causing to be opera ted vehicle with rear overhang greater than 1.0 m without flag 4(1)(g) 2 10 Operating or causing to be operated vehicle with rear overhang greater than 2.0 m 4(1)(h) 3 11 Operating or causing to be operated vehicle with spread-axle spacing or dimensions not in accordance with

Schedule A of regulations 4(2) 3 12 Passenger vehicle with load ex tending beyond line of fenders on left side or extending more than 150 mm beyond line of fenders on right side 4(4) 3 13 Operating or causing to be operate d farm tractor with overall width exceeding 4.0 m 4(6) 1 14 Operating or causing to be operated specified vehicle, model year 2002 and earlier, with interaxle spacing less than 2.6 m 4(10) 3 15 Operating or causing to be operated modified specified vehicle, model year 2002 and earlier, with interaxle spacing less than 2.6 m 4(11) 3 16 Operating or causing to be ope rated vehicle having weight in excess of weight on permit 5(1)(a) 1 17 Operating or causing to be opera ted vehicle having axle weight in excess of manufacturer’s gross axle weight rating 5(1)(b) 1 18 Operating or causing to be opera ted vehicle having axle weight in excess of tire load ratings 5(1)(c)(i) 1 19 Operating or causing to be opera ted vehicle having axle weight in excess of 10 kg/mm tire width 5(1)(c)(ii) 1 20 Operating or causing to be opera ted vehicle having axle weight in excess of 9100 kg 5(1)(c)(iii) 1 21 Operating or causing to be operated vehicle having steering axle weight in excess of 9100 kg 5(1)(c)(iv) 1 22 Operating or causing to be ope rated vehicle having non-steering axle weight in excess of 6000 kg 5(1)(c)(v) 1 23 Operating or causing to be ope rated vehicle having weight in excess of maximum axle weight limit in

Schedule A of regulations 5(1)(d) 1 24 Operating or causing to be operated vehicle having adjacent axles in group vary more than 1000 kg in weight 5(1)(e) 1 25 Operating or causing to be ope rated vehicle having weight in excess of 4500 kg on axle of assembly that is not an axle group 5(1)(f) 1 26 Operating or causing to be opera ted vehicle having gross vehicle weight greater than manufacturer’s gross vehicle weight rating 5(1)(g) 1 27 Operating or causing to be opera ted vehicle having gross vehicle weight in excess of limits in

Schedule A of regulations for class of highway 5(1)(h) 1

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Section Points 194 @ NS Registry of Regulations. Web Version. 28 Moving or causing to move object not a motor vehicle having a weight in excess of 9100 kg 5(2) 1 29 Operating or causing to be operated vehicle with solid tires having weight in excess of allowable weight 5(3) 1 30 Operating or causing to be operated vehicle having wheel weight in excess of 55% of weight prescribed for axle 5(4) 1 31 Operating out-of-Province vehicle with weights in excess of limits in

Schedule A of regulations 6(6) 1 32 Driving or causing to be driven vehicle exceeding maximum weight posted on sign 9(3) 2 33 Operating or causing to be operated combination of vehicles in excess of weight on permit for one vehicle 10(1) 1 34 Operating or causing to be opera ted vehicle not conforming with a special permit 11(9) 3 Public Highways Act offences: (Points are assigned only if the amount of weight greater than that permitted is more than 2000 kg.) 1 Failing to comply with Minist er’s order by operating vehicle contrary to prescribed weight limits 20(3) 1 Motor Carrier Act (Public Passenger) offences: 1 Obstructing inspector 35(2) 4 2 Failing to submit public passenger vehicle for inspection 36(1) 2 3 Failing to repair public passenger vehicle within time specified 36(2) 3 4 Operating public passenger vehicle cont rary to inspector’s order 36(3) 3 Dangerous Goods Transportation Act and regulations offences: Dangerous Goods Transportation Act 1 Failing to comply with reasonable request of inspector 9(5)(a) 3 2 Obstructing or hindering inspector 9(5)(d) 3 Transportation of Dangerous Goods Regulations (Canada) - (adopted) 3 Transporting forbidden dangerous goods listed in column 3 of

Schedule 1 or column 4 of

Schedule 3 (specify column,

schedule and goods) 1.5(1) 3 4 Transporting forbidden dangerous goods listed in column 8 or 9 of

Schedule 1 (specify column and goods) 1.5(2) 3 5 Transporting dangerous goods in excess of quantity limit set out in column 8 or 9 of

Schedule 1 1.6 3 6 Transporting dangerous goods where means of containment or transport do not display all applicable prescribed safety marks (specify) 1.7(c) 3 7 Transporting explosives in prohibited manner (specify) 1.8(a) 3 8 Failing to keep shipping document in specified location (specify) 3.2(4) 3

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Section Points @ NS Registry of Regulations. Web Version. 195 9 Transporting dangerous goods w ithout required information (specify) on shipping document 3.5 3 10 Transporting dangerous goods without proper dangerous goods safety mark (specify) displayed 4.1 3 11 Displaying misleading safety mark (specify) 4.2 3 12 Transporting dangerous goods in means of containment not permitted by

Part 5 of regulations 5.1(1) 3 13 Transporting dangerous goods in standardized means of containment not in standard 5.1(2) 3 14 Transporting dangerous goods in means of containment not filled, closed, secured or maintained (specify) so that there will be no accidental release of dangerous goods under normal conditions 5.1(3) 3 15 Loading dangerous goods in means of containment in way that could lead to accidental release of dangerous goods under normal conditions 5.4 3 16 Securing dangerous goods in means of containment in way that could lead to accidental release of dangerous goods under normal conditions 5.4 3 17 Filling means of containment with dangerous goods in excess of specified limit (specify) 5.5 3 18 Transporting explosives together in the same means of transport other than as permitted by regulations 5.7 3 19 Transporting explosives in net explosive quantity exceeding that permitted by regulation (specify) 5.9 3 20 Transporting Class 2 dangerous goods in improper means of containment (specify) 5.10 3 21 Transporting dangerous goods without holding valid training certificate or being under supervision of adequately trained person (specify) 6.1(1) 3 22 Failing to produce training certificate or copy to inspector immediately upon request 6.8 3 23 Failing to report accidental rel ease to person listed in subsection 8.1(5) (specify) if release consists of quantity or emission in excess of level set out in table (specify) 8.1(1) 3 Out-of-Service Inspections (under Commercial Carrier Safety Fitness Rating and Compliance Regulations) Offence

Section Points 1 Commercial vehicle or driver found to be unsafe to operate on a highway 14(3)(b) 3

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Part II - Regulations Vol. 29, No. 7 196 @ NS Registry of Regulations. Web Version. At-Fault Collisions (under Commercial Carrier Safety Fitness Rating and Compliance Regulations) Offence

Section Points 1 At-fault collision resulting in property damage 14(3)(c) 2 2 At-fault collision resulting in physical injury 14(3)(d) 4 3 At-fault collision resulting in fatality 14(3)(e) 6 N.S. Reg. 85/2005 Made: February 10, 2005 Approved: March 31, 2005 Filed: April 4, 2005 Crop Insurance Plan for Spring Grain Order in Council 2005-148 dated March 31, 2005 Amendment to regulations made by the Nova Scotia Crop and Livestock Insurance Commission and approved by the Governor in Council pursuant to

Section 6 of the Crop and Livestock Insurance Act The Governor in Council on the report and recommendation of the Minister of Agriculture and Fisheries dated March 10, 2005, and pursuant to

Section 6 of

Chapter 113 of the Revised Statutes of Nova Scotia, 1989, the Crop and Livestock Insurance Act, is pleased to approve amendments made by the Nova Scotia Crop and Livestock Insurance Commission to the Crop Insurance Plan for Spring Grain, N.S Reg. 50/2003, made by the Nova Scotia Crop and Livestock Insurance Commission and approved by the Governor in Council by Order in Council 2003-88 dated March 14, 2003, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after March 31, 2005. Nova Scotia Crop and Livestock Insurance Commission

Schedule “A” I certify that at a meeting held February 10, 2005, the Crop and Livestock Insurance Commission passed a motion to approve amendments to the Crop Insurance Plan for Spring Grain in the manner attached, with such changes as did not materially affect the substance of the regulations. Dated and signed at Truro, Nova Scotia, February 14, 2005. Crop and Livestock Insurance Commission Per: sgd. Gerald Post Gerald Post Manager ------------------------------------------------------------------------------------------------------

N.S. Reg. 85/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 7 @ NS Registry of Regulations. Web Version. 197 Amendment to the Crop Insurance Plan for Spring Grain made pursuant to

Section 6 of

Chapter 113 of the Revised Statutes of Nova Scotia, 1989, the Crop and Livestock Insurance Act 1T h e Crop Insurance Plan for Spring Grain, N.S Reg. 50/2003, made by the Nova Scotia Crop and Livestock Insurance Commission and approved by the Governor in Council by Order in Council 2003-88 dated March 14, 2003, is amended by adding

Section 13A immediately after

Section 13 as follows: Whole farm adjustment option 13A

(1) An insured person may elect to include a whole farm adjustment option in their contract of insurance.

(2) An insured person who elects to include a whole farm adjustment option in their contract of insurance (

a) pays a reduced premium in accordance with a discount

schedule developed by an actuary for this purpose and approved by the Commission; and (

b) is paid a reduced indemnity in accordance w ith

Section 29 for an insured crop that has a yield lower than the total guaranteed production for that crop if another insured crop exceeds its total guaranteed production. 2

Section 29 of the Plan is amended by adding the following subsection immediately after subsection (2):

(3) Despite subsections (1) and (2), if an insured person elects to include a whole farm adjustment option under

Section 13A, and the actual production of an insured crop exceeds that crop’s total guaranteed production, the excess must be used to calculate a reduction in any indemnity payable for another insured crop under subsections (1) and (2), by multiplying the amount of the excess by the established price and applying the result against the amount that would otherwise by payable under subsections (1) and (2).