© NS Registry of Regulations. Web version. 1187

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 34, No. 26 December 17, 2010 Contents Act Reg. No.

Page Dairy Industry Act M i l k P r i c i n g R e g u l a t i o n s – a m e n d m e n t......................................... 174/2010 1188 Employment Support and Income Assistance Act Employment Support and Income Assistance Regulations–amendment ............... 176/2010 1191 Natural Products Act C h i c k e n F a r m e r s o f N o v a S c o t i a R e g u l a t i o n s – a m e n d m e n t.........................182/2010 1194 Non-essential Pesticides Control Act Proclamation, S. 17, S.N.S. 2010, c. 6 ......................................... 183/2010 1198 L i s t o f A l l o w a b l e P e s t i c i d e s R e g u l a t i o n s....................................... 181/2010 1193 Exceptions to Prohibitions on Non-essential Pesticides Regulations ................. 184/2010 1199 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 175/2010 1189 Prescribed Petroleum Products Prices ......................................... 185/2010 1202 Utility and Review Board Act Assessment Appeal Rules–amendment ........................................ 177/2010 1192 B o a r d R e g u l a t o r y R u l e s – a m e n d m e n t.......................................... 180/2010 1193 Liquor Procedural Rules–amendment ......................................... 179/2010 1192 M u n i c i p a l G o v e r n m e n t A c t R u l e s – a m e n d m e n t ..................................178/2010 1192 In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act.

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

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

N.S. Reg. 174/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 26 1188 © NS Registry of Regulations. Web version. N.S. Reg. 174/2010 Made: November 16, 2010 Approved: November 18, 2010 Filed: November 25, 2010 Milk Pricing Regulations Order dated November 18, 2010 Amendment to regulations made by the Dairy Farmers of Nova Scotia and approved by the Natural Products Marketing Council pursuant to clauses 14(1)(

c) and 15(1)(

g) of the Dairy Industry Act Dairy Farmers of Nova Scotia I certify that the Dairy Farmers of Nova Scotia, pursuant to clause 14(1)(c) [of]

Chapter 24 of the Acts of 2000, the Dairy Industry Act, as delegated by clause 2(1)(

b) of the Delegation of Powers to Dairy Farmers of Nova Scotia Regulations, N.S. Reg. 136/2001, and pursuant to clause 15(1)(

g) of the Dairy Industry Act, at a meeting held on November 16, 2010, voted to amend the Milk Pricing Regulations, N.S. Reg. 84/2008, made by the Dairy Farmers of Nova Scotia on September 21, 2007, and approved by the Natural Products Marketing Council on February 12, 2008, to repeal and replace subsection 3(1) in the manner set out in

Schedule A, effective on and after February 1, 2011. Signed at Truro, Colchester County, Nova Scotia, on November 19, 2010. Dairy Farmers of Nova Scotia per: sgd: B. Cameron Brian Cameron General Manager ------------------------------------------------------------------------------------------------------ Approved by the Natural Products Marketing Council at Truro, Nova Scotia on November 18, 2010. Natural Products Marketing Council Per: sgd: E. A. Crouse Elizabeth A. Crouse, P.Ag. General Manager Natural Products Marketing Council

Schedule A Amendment to the Milk Pricing Regulations made by the Dairy Farmers of Nova Scotia under clauses 14(1)(

c) and 15(1)(

g) of

Chapter 24 of the Acts of 2000, the Dairy Industry Act The Milk Pricing Regulations, N.S. Reg. 84/2008, made by the Dairy Farmers of Nova Scotia on September 21, 2007, and approved by the Natural Products Marketing Council on February 12, 2008, are amended by repealing subsection 3(1) and substituting the following subsection: 3( 1 ) Except as provided in subsection (2), the prices payable by processors in Nova Scotia for milk components are as set out in the following table, and are payable on a free on board (FOB) plant basis:

N.S. Reg. 174/2010 - 175/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 26 © NS Registry of Regulations. Web version. 1189 Component Prices - Per Kilogram for Classes 1, 2, 3 and 4 Class of Milk $ Per Kg of Butterfat $ Per kg of Protein $ Per kg of Other Solids $ Per hl Solids-Non Fat 1(a) 7.3661 69.13 1(b) 7.3661 56.35 1(c) 85% of the Class 1(

a) or Class 1(

b) Butterfat and Solids Non-fat [component prices] 2 7.5523 5.7672 5.7672 3(a) 7.5523 13.4394 0.8441 3(b) 7.5523 12.9851 0.8441 4(a) 7.5523 5.2108 5.2108 4(b) 7.5523 5.3194 5.3194 4(c) 85% of the Class 4(

a) component prices 4(d) 7.5523 5.2108 5.2108 N.S. Reg. 175/2010 Made: November 25, 2010 Filed: November 26, 2010 Prescribed Petroleum Products Prices Order dated November 25, 2010 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Order NSUARB-GAS-W-10-48 In the Matter of the Petroleum Products Pricing Act - and - In the Matter of Prescribing Prices for Petroleum Products pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Roberta J. Clarke, Q.C., Member Order

Whereas the purpose of the Petroleum Products Pricing Regulations is to ensure just and reasonable prices for specified petroleum products taking into consideration the objectives of preserving the availability of such products in rural areas, stabilizing prices of such products and minimizing the variances in prices of such products across the Province; And

whereas the Nova Scotia Utility and Review Board (“Board”) considered the manner in which it would proceed to set petroleum prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended November 24, 2010, are: Grade 1 Regular gasoline 61.1¢ per litre

N.S. Reg. 175/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 26 1190 © NS Registry of Regulations. Web version. Ultra-low-sulfur diesel oil 62.6¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 61.1¢ per litre Grade 2 64.1¢ per litre Grade 3 67.1¢ per litre Ultra-low-sulfur diesel oil 62.6¢ per litre And

now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: 0.7¢ per litre Ultra-low-sulfur diesel oil: 0.3¢ per litre And

whereas a winter blending adjustment of plus 1.7¢ per litre is required for ultra-low-sulfur diesel oil; And

now therefore the Board prescribes the prices for petroleum products as set forth in

Schedule “A” effective on and after 12:01 a.m., November 26, 2010. Dated at Halifax, Nova Scotia, this 25th day of November, 2010. Sgd: Elaine Wagner Clerk of the Board

Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on November 26, 2010 Nova Scotia Petroleum Price

Schedule Petroleum Prices in Cents/Litre Self-Service Pump Prices Full-Service Pump Prices (Pump Prices includes 15% HST) Base Wholesale Price Fed. Excise Tax Prov.

Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 68.1 71.1 74.1 70.9 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 93.6 96.6 99.6 90.3 112.2 115.7 119.1 108.4 114.0 117.4 120.9 110.2 112.2 115.7 119.1 108.4 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 68.5 71.5 74.5 71.3 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 94.0 97.0 100.0 90.7 112.7 116.2 119.6 108.9 114.4 117.9 121.3 110.6 112.7 116.2 119.6 108.9 999.9 999.9 999.9 999.9

N.S. Reg. 175/2010 - 176/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 26 © NS Registry of Regulations.

Web version. 1191 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 69.0 72.0 75.0 71.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 94.5 97.5 100.5 91.2 113.3 116.7 120.2 109.5 115.0 118.5 121.9 111.2 113.3 116.7 120.2 109.5 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 69.0 72.0 75.0 71.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 94.5 97.5 100.5 91.2 113.3 116.7 120.2 109.5 115.0 118.5 121.9 111.2 113.3 116.7 120.2 109.5 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 69.0 72.0 75.0 71.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 94.5 97.5 100.5 91.2 113.3 116.7 120.2 109.5 115.0 118.5 121.9 111.2 113.3 116.7 120.2 109.5 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 69.8 72.8 75.8 72.6 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 95.3 98.3 101.3 92.0 114.2 117.6 121.1 110.4 115.9 119.4 122.8 112.1 114.2 117.6 121.1 110.4 999.9 999.9 999.9 999.9 N.S.

Reg. 176/2010 Made: November 26, 2010 Filed: November 30, 2010 Employment Support and Income Assistance Regulations Order in Council 2010-425 dated November 26, 2010 Amendment to regulations made by the Governor in Council pursuant to

Section 21 of the Employment Support and Income Assistance Act The Governor in Council on the report and recommendation of the Minister of Community Services dated November 4, 2010, and pursuant to

Section 21 of

Chapter 27 of the Acts of 2000, the Employment Support and Income Assistance Act, is pleased to amend the Employment Support and Income Assistance Regulations, N.S. Reg. 25/2001, made by the Governor in Council by Order in Council 2001-138 dated March 23, 2001, to exempt the caregiver’s benefit provided by the Department of Health from the calculation of eligibility for assistance, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after November 26, 2010.

Schedule “A” Amendment to the Employment Support and Income Assistance Regulations made pursuant to

Section 21 of

Chapter 27 of the Acts of 2000, the Employment Support and Income Assistance Act

Section 52 of the Employment Support and Income Assistance Regulations, N.S. Reg. 25/2001, made by [the] Governor in Council by Order in Council 2001-138 dated March 23, 2001, is amended by

N.S. Reg. 176/2010 - 179/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 26 1192 © NS Registry of Regulations. Web version. (

a) relettering the second clause (

h) as clause (j); (

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

i) and substituting a semicolon; and (

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

k) a caregiver’s benefit under the Department of Health’s Caregiver Benefit Program. N.S. Reg. 177/2010 to 180/2010 Made: October 28, 2010 Filed: December 2, 2010 Assessment Appeal Rules, Municipal Government Act Rules, Liquor Procedural Rules and Board Regulatory Rules Order dated October 28, 2010 Amendment to regulations made by the Utility and Review Board pursuant to

Section 12 of the Utility and Review Board Act ORDER NSUARB Nova Scotia Utility and Review Board In the Matter of the Utility and Review Board Act - and- In the Matter of a Motion to Amend the Assessment Appeal Rules, Board Regulatory Rules, Liquor Procedural Rules and Municipal Government Act Rules Before: Peter W. Gurnham, Q.C., Chair David J. Almon, Member Roland A. Deveau, Q.C., Member Wayne D. Cochrane, Q.C., Member Kulvinder S. Dhillon, P. Eng., Member Murray E. Doehler, P. Eng., CA, Member Dawna J. Ring, Q.C., Member Roberta J. Clarke, Q.C., Member Order

Whereas the Nova Scotia Utility and Review Board by Resolution in writing made on the 28th day of October, 2010, passed a motion to amend the Assessment Appeal Rules, Board Regulatory Rules, Liquor Procedural Rules, and Municipal Government Act Rules, respecting the filing of documents with the Board; It is hereby ordered that the Assessment Appeal Rules (N.S. Reg. 79/2006 dated May 25, 2006) [N.S. Reg. 177/2010], and the Municipal Government Act Rules (N.S. Reg. 322/2008 effective August 12, 2008) [N.S. Reg. 178/2010], made pursuant to

Section 12 of the Utility and Review Board Act, S.N.S. 1992, c. 11, be amended by striking out “4:00 p.m.” in subsection 5(5) and substituting “2:00 p.m.” and to further amend subsection 5(7) by striking out “three days” and substituting “one day”; It is hereby ordered that the Liquor Procedural Rules (N.S. Reg. 239/2009 dated June 25, 2009), made pursuant to

Section 12 of the Utility and Review Board Act, S.N.S. 1992, c. 11, be amended by striking out “4:00 p.m.” in subsection 5(4) and substituting “2:00 p.m.” and to further amend subsection 5(6) by striking out “three days” and substituting “one day”; [N.S. Reg. 179/2010]

N.S. Reg. 180/2010 - 181/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 26 © NS Registry of Regulations. Web version. 1193 It is hereby ordered that the Board Regulatory Rules (N.S. Reg. 235/2005 dated December 23, 2005), made pursuant to

Section 12 of the Utility and Review Board Act, S.N.S. 1992, c. 11, be amended by striking out “4:00 p.m.” in subsection 7(3) and substituting “2:00 p.m.” and to further amend subsection 7(4) by striking out “three days” and substituting “one day”; [N.S. Reg. 180/2010] It is further ordered that the effective date for all the above amendments be December 1, 2010. Dated at Halifax, Nova Scotia, this 28th day of October, 2010. Sgd.: Elaine Wagner Clerk of the Board N.S. Reg. 181/2010 Made: November 30, 2010 Filed: December 2, 2010 List of Allowable Pesticides Regulations Order dated November 30, 2010 Regulations made by the Minister of Environment pursuant to

Section 6 of the Non-essential Pesticides Control Act In the matter of

Section 6 of

Chapter 6 of the Acts of 2010, the Non-essential Pesticides Control Act and In the matter of regulations respecting the establishment of a list of allowable pesticides Order I, Sterling Belliveau, Minister of Environment for the Province of Nova Scotia, pursuant to

Section 6 of

Chapter 6 of the Acts of 2010, the Non-essential Pesticides Control Act, hereby make regulations respecting the establishment of a list of allowable pesticides in the form set forth in the

Schedule “A”, effective on and after April 1, 2011. Dated and made in Halifax, Nova Scotia, Nov 30 2010, 2010. Sgd: Sterling Belliveau The Honourable Sterling Belliveau Minister of Environment

Schedule “A” 1 These regulations may be cited as the “List of Allowable Pesticides Regulations”. 2 The pesticides listed below are allowable pesticides for the purposes of the Non-essential Pesticides Control Act: acetic acid ammonium soaps of fatty acids Bacillus subtilis mbi 600

N.S. Reg. 181/2010 - 182/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 26 1194 © NS Registry of Regulations. Web version.

Bacillus subtilis qst 713 Bacillus thuringiensis kurstaki Bacillus thuringiensis tenebrionis borax boric acid capsaicin copper as elemental, present as tribasic copper sulphate copper as elemental, present as copper oxychloride corn gluten meal dried blood fatty acid hydrogen peroxide iron (ferrous or ferric) phosphate iron (ferrous or ferric) sodium iron (ferrous or ferric) sulfate iron, if present as FeHEDTA lime sulphur or calcium polysulphide mineral oil nuclear polyhedrosis virus of douglas fir tussock moth oil of black pepper piperine putrescent whole egg solid pyrethrins; without the addition of piperonyl butoxide Sclerotinia minor silicon dioxide (diatomaceous earth) soap (alkanolamine salts of fatty acid) soap (potassium salts of fatty acid) sodium chloride spinosad sulphur Verticillium albo-atrum strain WCS850 N.S.

Reg. 182/2010 Made: November 26, 2010 Approved: November 26, 2010 Filed: December 2, 2010 Chicken Farmers of Nova Scotia Regulations Order dated November 26, 2010 Amendment to regulations made by the Chicken Farmers of Nova Scotia and approved by the Natural Products Marketing Council pursuant to

Section 9 of the Natural Products Act Chicken Farmers of Nova Scotia I certify that the Chicken Farmers of Nova Scotia, pursuant to

Section 9 of

Chapter 308 of the Revised Statutes of Nova Scotia, 1989, the Natural Products Act, as delegated pursuant to clause 11(

d) of the Act in subsection 7(1) of the Nova Scotia Chicken Marketing Plan, N.S. Reg. 241/82, at a meeting held on November 26, 2010, voted to amend the Chicken Farmers of Nova Scotia Regulations, N.S. Reg. 11/2005, made by the Natural Products Marketing Council on December 8, 2004, in the manner set out in

Schedule “A”, effective on and after November 26, 2010.

N.S. Reg. 182/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 26 © NS Registry of Regulations. Web version. 1195 Signed at Kentville, Nova Scotia, on November 26, 2010. Sgd: Shelley Acker Shelley Acker General Manager Chicken Farmers of Nova Scotia ------------------------------------------------------------------------------------------------------ Approved by the Natural Products Marketing Council at Truro, Nova Scotia on November 26, 2010. Natural Products Marketing Council Per: sgd: E. A. Crouse Elizabeth A. Crouse, P. Ag. General Manager Natural Products Marketing Council

Schedule “A” Amendment to the Chicken Farmers of Nova Scotia Regulations made by the Chicken Farmers of Nova Scotia pursuant to Sections 9 and 11 of

Chapter 308 of the Revised Statutes of Nova Scotia, 1989, the Natural Products Act 1

(1) Section 2 of the Chicken Farmers of Nova Scotia Regulations, N.S. Reg. 11/2005, made by the Natural Products Marketing Council on December 8, 2004, is renumbered as subsection 2(1).

(2) Section 2 of the regulations is further amende d by adding the following definition where it belongs in alphabetical order [in subsection (1)]: “interest in base quota” means (

i) the interest of a person who has a legal or bene ficial interest in base quota, including all of the following: (

A) the interest of a person that is a sharehol der or beneficial shareholder of a corporation that has an interest in base quota, (

B) the interest of a person that is a partner or has a partnership interest in a partnership that has an interest in base quota, (

C) the interest of a person who is an income or capital beneficiary of a trust that has an interest in base quota, or (ii) the interest of a person who has a legal or bene ficial interest in another person who has a legal or beneficial interest in base quota as defined in subclause (i), whether the legal or beneficial interest of the 1st-mentioned person is directly held in that other person or through a series of affiliated persons.

(3) Section 2 of the regulations is further ame nded by moving the definition of “production and marketing agreement” to where it belongs in alphabetical order [in subsection (1)].

N.S. Reg. 182/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 26 1196 © NS Registry of Regulations. Web version.

(4) Section 2 of the regulations is further amended by adding the following subsection immediately after subsection (1):

(2) For the purposes of the definition of “interest in base quota” in subsection (1), a person is affiliated with another person if that person has a legal or equitable interest in the other person or if the other person has a legal or equitable interest in that person, and if 2 or more persons are affiliated with the same other person, those persons are deemed to be affiliated with each other. 2 (1) Subsection 4(6) of the regulations is amended by striking out “be”. (2) Subsection 4(10) of the regulations is amended by adding “after applying to and obtaining approval from the Commodity Board in accordance with

Section 7,” immediately after “Despite subsection (6),”. 3 (1) Subsection 6(1) of the regulations is re pealed and the following subsection substituted:

(1) A person to whom base quota has been issued and who wishes to transfer base quota must first apply to and obtain approval from the Commodity Board in accordance with

Section 7.

(2) Section 6 is further amended by renumbering s ubsections (2) to (4) as subsections (3) to (5), respectively.

(3) Section 6 is further amended by adding the fo llowing subsection immediately after subsection (1):

(2) A transfer of base quota for which Commodity Board approval is required includes all of the following: (

a) any transfer of all or part of the base quota held by a person to another person; (

b) any change in the shareholders or benefici al shareholders of a corporation that has been issued base quota; (

c) any change in the partners or percentage interest of a partnership that has been issued base quota; (

d) any change in the income or capital benefi ciaries of a trust that has been issued base quota; (

e) any change other than those listed in clau ses (

a) to (

d) that results in a person acquiring or disposing of an interest in base quota or that otherwise affects a person’s interest in base quota. 4 (1) Subsection 7(1) of the regulations is re pealed and the following subsection substituted:

(1) An application for a transfer of base quota must be on a form approved by the Commodity Board and must include all of the following: (

a) the name and address of each person who w ill have an interest in base quota as a result of the proposed transfer of base quota; (

b) if only part of a producer’s base quota is being transferred, the name and address of each person who will continue to have an interest in base quota;

N.S. Reg. 182/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 26 © NS Registry of Regulations. Web version. 1197 (

c) written evidence of a binding agreement betw een the producer and the transferee for the transfer of base quota and, if applicable, facilities on a specified transfer date; (

d) the signatures of the producer and the proposed transferee; (

e) for a proposed transfer without facilities, details about the facilities where chicken will be produced and, if chicken are to be produced in a leased facility, an application under subsection 10(8) for approval to produce chicken in a leased facility entirely dedicated to the transferee; (

f) any additional information or documentation that the Commodity Board considers relevant to the application. 5 Subsection 10(6) of the regulations is rep ealed and the following subsection substituted:

(6) If the Commodity Board is not satisfied with the explanation given under subsection (5), (

a) the Commodity Board must refuse to issue, in whole or in part, the producer’s producer licence for future marketing periods; or (

b) if the producer is currently a licence holder, the Commodity Board must refer the matter to Council, who may suspend or revoke the producer’s producer licence. 6 Subsection 14(8) of the regulations is rep ealed and the following subsection substituted:

(8) If a processor or producer does not pay a fee as required by this Section, (

a) the Council may suspend or revoke the producer’s producer licence; and (

b) the Commodity Board may cancel or reduce th e producer’s base quota or any adjustment unit, or both. 7 Subsection 16(3) of the regulations is amended by striking out “Commodity Board” right after “may be suspended or revoked by the” and substituting “Council”. 8

(1) The regulations are further amended by renum bering subsections 18(11) and (12) as subsections 18(13) and (14), respectively.

(2) Section 18 of the regulations is further amende d by adding the following subsections immediately after subsection (10):

(11) On or before April 30 in 2011 and in every 3rd calendar year after 2011, each person that has been issued base quota must submit a certificate to the Commodity Board in a form approved by the Commodity Board, identifying all persons who have an interest in that base quota as of January 1 of the calendar year in which the certificate is provided.

(12) Despite subsection (11), the Commodity Board may at any time require any person that has been issued base quota to submit, no later than 30 days after receiving notice of the requirement, a certificate to the Commodity Board in a form approved by the Commodity Board identifying all persons who have an interest in that base quota. (3) Subsection 18(14) of the regulations is re pealed and the following subsection substituted:

N.S. Reg. 182/2010 - 183/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 26 1198 © NS Registry of Regulations. Web version.

(14) The Council may suspend or revoke a licence, and the Commodity Board may refuse to issue a licence, if a licensee or applicant fails to provide a report required by these regulations. N.S. Reg. 183/2010 Made: November 30, 2010 Filed: December 2, 2010 Proclamation, S. 17, S.N.S. 2010, c. 6 Order in Council 2010-426 dated November 30, 2010 Proclamation made by the Governor in Council pursuant to

Section 17 of the Non-essential Pesticides Control Act The Governor in Council on the report and recommendation of the Minister of Environment dated October 28, 2010, and pursuant to

Section 17 of

Chapter 6 of the Acts of 2010,

An Act to Prohibit the Sale and Use of Non- essential Pesticides, is pleased to order and declare by proclamation that

Chapter 6 of the Acts of 2010,

An Act to Prohibit the Sale and Use of Non-essential Pesticides, do come into force on and not before April 1, 2011. PROVINCE OF NOVA SCOTIA sgd: Mayann E. Francis G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 17 of

Chapter 6 of the Acts of 2010,

An Act to Prohibit the Sale and Use of Non- essential Pesticides, it is enacted as follows: 17 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 6 of the Acts of 2010,

An Act to Prohibit the Sale and Use of Non-essential Pesticides, do come into force on and not before April 1, 2011; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 6 of the Acts of 2010,

An Act to Prohibit the Sale and Use of Non- essential Pesticides, do come into force on and not before April 1, 2011, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed.

N.S. Reg. 183/2010 - 184/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 26 © NS Registry of Regulations. Web version. 1199 WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia. AT Our Government House in the Halifax Regional Municipality, this 30th day of November in the year of Our Lord two thousand and ten and in the fifty-ninth year of Our Reign. BY COMMAND: sgd: Ross Landry Provincial Secretary Minister of Justice and Attorney General N.S.

Reg. 184/2010 Made: November 30, 2010 Filed: December 2, 2010 Exceptions to Prohibitions on Non-essential Pesticides Regulations Order in Council 2010-427 dated November 30, 2010 Regulations made by the Governor in Council pursuant to

Section 16 of the Non-essential Pesticides Control Act The Governor in Council on the report and recommendation of the Minister of Environment dated October 28, 2010, and pursuant to

Section 16 of

Chapter 6 of the Acts of 2010, the Non-essential Pesticides Control Act, is pleased to make regulations respecting exceptions to prohibitions on non-essential pesticides in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after April 1, 2011.

Schedule “A” Regulations Respecting Exceptions to the Prohibitions on Non-essential Pesticides made under

Section 16 of the

Chapter 6 of the Acts of 2010, the Non-essential Pesticides Control Act Citation 1 These regulations may be cited as the Exceptions to Prohibitions on Non-essential Pesticides Regulations. Definition of “Act” 2 In these regulations, “Act” means the Non-essential Pesticides Control Act. Exceptions to prohibition on use of pesticide on lawn 3( 1 ) The circumstances set out in this

Section are prescribed as exceptions to the prohibition in subsection 4(2) of the Act.

(2) A person may use or cause or permit the use of a pesticide in, on or over a lawn, as defined in subsection 4(1) of the Act, for 1 or more of the following purposes:

N.S. Reg. 184/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 26 1200 © NS Registry of Regulations. Web version. (

a) to destroy, prevent or control a species of animal that bites, stings, is venomous or carries disease; (

b) to destroy, prevent or control a species of fungus or species of animal that may negatively affect a building, structure or machine if the pesticide is used in the vicinity of the building, structure or machine; (

c) to destroy, prevent or control an alien invasi ve species, other than a plant species, that may negatively affect the health of humans, the environment or the economy.

(3) A person may use or cause or permit the use of a pesticide containing glyphosate in, on or over a lawn, as defined in subsection 4(1) of the Act, for 1 or more of the following purposes: (

a) to destroy, prevent or control a species of plant that is poisonous to humans by touch; (

b) to destroy, prevent or control a species of plan t that may negatively affect the physical state of a building, structure or machine, but only if the pesticide is used in the vicinity of the building, structure or machine; (

c) to destroy, prevent or control an alien inv asive plant species that may negatively affect the health of humans, the environment or the economy. Exceptions to prohibition on selling or supplying pesticide labelled for use on lawns or turf 4( 1 ) The circumstances set out in this

Section are prescribed as exceptions to the prohibition in subsection 5(1) of the Act.

(2) A person may sell, supply or offer for sale a pesticide labelled for use on lawns or labelled for use on turf if all of the following conditions are met: (

a) the use of the pesticide is permitted under

Section 3; (

b) any person to whom the pesticide is sold or supplied is provided with written information about the circumstances under which the pesticide is permitted to be used as set out in

Section 3; (

c) the pesticide is sold or supplied th rough a person who holds a Class I certificate of qualification (Vendor’s Certificate) issued under the Pesticide Regulations made under the Environment Act; (

d) before the pesticide is sold or supplied, th e pesticide is located or secured in a manner that prevents it from being accessed directly by the public. Exceptions to prohibition on use of pesticides on outdoor tree, shrub, flower or other ornamental plant 5( 1 ) The circumstances set out in this

Section are prescribed as exceptions to the prohibition in subsection 4(3) of the Act.

(2) After April 1, 2012, a person may use or cause or permit the use of a pesticide in, on or over an outdoor tree, shrub, flower or other ornamental plant for one or more of the following purposes: (

a) to destroy, prevent or control a species of animal that bites, stings, is venomous or carries disease;

N.S. Reg. 184/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 26 © NS Registry of Regulations. Web version. 1201 (

b) to destroy, prevent or control a species of fungus or species of animal that may negatively affect a building, structure or machine, but only if the pesticide is used in the vicinity of the building, structure or machine; (

c) to destroy, prevent or control an alien invasi ve species, other than a plant species, that may negatively affect the health of humans, the environment or the economy.

(3) After April 1, 2012, a person may use or cause or permit the use of a pesticide containing glyphosate in, on or over an outdoor tree, shrub, flower or other ornamental plant for one or more of the following purposes: (

a) to destroy, prevent or control a species of plant that is poisonous to humans by touch; (

b) to destroy, prevent or control a species of plan t that may negatively affect the physical state of a building, structure or machine, but only if the pesticide is used in the vicinity of the building, structure or machine; (

c) to destroy, prevent or control an alien inv asive plant species that may negatively affect the health of humans, the environment or the economy.

(4) After April 1, 2012, a person may use or cause or permit the use of a pesticide in an outdoor tree if the pesticide is applied through injection. Exceptions to prohibition on selling or supplying pesticide labelled for use on outdoor tree, shrub, flower or other ornamental plant 6( 1 ) The circumstances set out in this

Section are prescribed as exceptions to the prohibition in subsection 5(2) of the Act.

(2) After April 1, 2012, a person may sell, supply or offer for sale a pesticide labelled for use on an outdoor tree, shrub, flower or other ornamental plant if all of the following conditions are met: (

a) the use of the pesticide is permitted under

Section 5; (

b) any person to whom the pesticide is sold or supplied is provided with written information about the circumstances under which the pesticide is permitted to be used as set out in

Section 5; (

c) the pesticide is sold or supplied th rough a person who holds a Class I certificate of qualification (Vendor’s Certificate) issued under the Pesticide Regulations made under the Environment Act; (

d) before the pesticide is sold or supplied, th e pesticide is located or secured in a manner that prevents it from being accessed directly by the public.

N.S. Reg. 185/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 26 1202 © NS Registry of Regulations. Web version. N.S. Reg. 185/2010 Made: December 2, 2010 Filed: December 6, 2010 Prescribed Petroleum Products Prices Order dated December 2, 2010 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Order NSUARB-GAS-W-10-49 In the Matter of the Petroleum Products Pricing Act - and - In the Matter of Prescribing Prices for Petroleum Products pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Murray E. Doehler, CA, P. Eng., Member Order

Whereas the purpose of the Petroleum Products Pricing Regulations is to ensure just and reasonable prices for specified petroleum products taking into consideration the objectives of preserving the availability of such products in rural areas, stabilizing prices of such products and minimizing the variances in prices of such products across the Province; And

whereas the Nova Scotia Utility and Review Board (“Board”) considered the manner in which it would proceed to set petroleum prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended December 1, 2010, are: Grade 1 Regular gasoline 62.6¢ per litre Ultra-low-sulfur diesel oil 64.5¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 62.6¢ per litre Grade 2 65.6¢ per litre Grade 3 68.6¢ per litre Ultra-low-sulfur diesel oil 64.5¢ per litre And

now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: plus 1.0¢ per litre Ultra-low-sulfur diesel oil: plus 0.6¢ per litre And

whereas a winter blending adjustment of plus 2.5¢ per litre is required for ultra-low-sulfur diesel oil; And

now therefore the Board prescribes the prices for petroleum products as set forth in

Schedule “A” effective on and after 12:01 a.m., December 3, 2010. Dated at Halifax, Nova Scotia, this 2nd day of December, 2010. Sgd: Mora Stevens Clerk of the Board

N.S. Reg. 185/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 26 © NS Registry of Regulations. Web version. 1203

Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on December 3, 2010 Nova Scotia Petroleum Price

Schedule Petroleum Prices in Cents/Litre Self-Service Pump Prices Full-Service Pump Prices (Pump Prices includes 15% HST) Base Wholesale Price Fed. Excise Tax Prov.

Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 69.9 72.9 75.9 73.9 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 95.4 98.4 101.4 93.3 114.3 117.8 121.2 111.9 116.0 119.5 122.9 113.6 114.3 117.8 121.2 111.9 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 70.3 73.3 76.3 74.3 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 95.8 98.8 101.8 93.7 114.8 118.2 121.7 112.4 116.5 119.9 123.4 114.1 114.8 118.2 121.7 112.4 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 70.8 73.8 76.8 74.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 96.3 99.3 102.3 94.2 115.3 118.8 122.2 112.9 117.1 120.5 124.0 114.7 115.3 118.8 122.2 112.9 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 70.8 73.8 76.8 74.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 96.3 99.3 102.3 94.2 115.3 118.8 122.2 112.9 117.1 120.5 124.0 114.7 115.3 118.8 122.2 112.9 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 70.8 73.8 76.8 74.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 96.3 99.3 102.3 94.2 115.3 118.8 122.2 112.9 117.1 120.5 124.0 114.7 115.3 118.8 122.2 112.9 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 71.6 74.6 77.6 75.6 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 97.1 100.1 103.1 95.0 116.3 119.7 123.2 113.9 118.0 121.4 124.9 115.6 116.3 119.7 123.2 113.9 999.9 999.9 999.9 999.9