Nova Scotia Child Benefit Regulations

N.S. Reg. 70/2001

Nova Scotia — Gazette

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 25, No. 14 July 13, 2001 Contents Act Reg. No. Page Agricultural Marshland Conservation Act P e r m i t f o r V a r i a n c e R e g u l a t i o n s .........................................8 0 / 2001 547 Apprenticeship and Trades Qualifications Act I r o n w o r k e r T r a d e R e g u l a t i o n s - A m e n d m e n t ...............................7 9 /2001 546 Health Services and Insurance Act Pharmacare Tariff Regulations .........................................7 8 / 2001 543 Healthcare Services Continuation

(2001) Act Proclamation, S. 14, S.N.S. 2001, c. 27–except S. 3(1)(a), (c)-(d) ..............8 1 / 2001 549 Income Tax Act N o v a S c o t i a C h i l d B e n e f i t R e g u l a t i o n s - A m e n d m e n t ........................7 0 /2001 532 Municipal Government Act M u n i c i p a l A c c o u n t i n g a n d R e p o r t i n g M a n u a l - A m e n d m e n t ...................7 1 /2001 534 (Dispensed from publication by O.I.C. 2001-298) Wildlife Act B e a r H a r v e s t i n g R e g u l a t i o n s - A m e n d m e n t.................................7 7 /2001 542 D e e r H u n t i n g R e g u l a t i o n s - A m e n d m e n t...................................7 4 / 2001 537 F u r H a r v e s t i n g R e g u l a t i o n s - A m e n d m e n t..................................7 6 / 2001 541 G e n e r a l W i l d l i f e R e g u l a t i o n s - A m e n d m e n t ................................7 3 /2001 536 M o o s e H u n t i n g R e g u l a t i o n s - A m e n d m e n t .................................7 5 / 2001 540 S m a l l G a m e H u n t i n g R e g u l a t i o n s - A m e n d m e n t.............................7 2 /2001 535 NOW AVAILABLE The first issue for the 2001 subscription year of the Folio®-based Nova Scotia Regulations CD- ROM, containing the consolidated regulations of Nova Scotia and the quarterly sectional index of regulations, is now available from the Office of the Registrar of Regulations.

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

532 © NS Registry of Regulations. Web version. N.S. Reg. 70/2001 ROYAL GAZETTE

Part II Regulations N.S. Reg. 70/2001 Made: June 15, 2001 Filed: June 22, 2001 Nova Scotia Child Benefit Regulations Order in Council 2001-279 made June 15, 2001 Amendment to regulations made by the Governor in Council pursuant to

Section 80 of the Income Tax Act The Governor in Council on the report and recommendation of the Minister of Finance dated May 17, 2001, and pursuant to

Section 80 of

Chapter 217 of the Revised Statutes of Nova Scotia, 1989, the Income Tax Act, is pleased to amend the Nova Scotia Child Benefit Regulations made by the Governor in Council by Order in Council 1998-430 dated August 28, 1998, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 15, 2001.

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

Section 80 of

Chapter 217 of the Revised Statutes of Nova Scotia, 1989, the Income Tax Act 1

Section 2 of the Nova Scotia Child Benefit Regulations made by the Governor in Council by Order in Council 1998-430 dated August 28, 1998, is amended by (

a) adding “or common-law partner” immediately after “spouse” in clause (b); (

b) repealing clause (

d) and substituting the following clause: (d) “cohabiting spouse” of an individual means the person who at that time is the individual’s spouse or common-law partner and who is not living separate and apart from the individual and, for the purpose of this definition, a person shall not be considered to be living separate and apart from an individual at any time unless they were living separate and apart at that time, because of a breakdown of their marriage or common-law partnership, for a period of at least 90 days that includes that time; (

c) adding “at that time” immediately after “means a person who” in clause (e); and (

d) repealing clause (

h) and substituting the following clause: (h) “qualified dependant” means a person who at that time, (

i) has not attained the age of 18 years,

Part II Regulations (ii) is not a person in respect of whom an amount was deducted under paragraph (

a) of the description of B in subsection 118(1) of the Federal Act in computing the tax payable under

Part I of the Federal Act by the person’s spouse or common-law partner for the base taxation year in relation to the month that includes that time; and (iii) is not a person in respect of whom a special allowance under the Children’s Special Allowances Act is payable for the month that includes that time; 2

Section 3 of the regulations is amended by a dding “or common-law partner” immediately after “spouse”. 3 (1) Clause 5(4)(

a) of the regulations is repealed and the following clause substituted: (

a) before the end of a particular month an eligible individual in respect of a qualified dependant begins to live separate and apart from the individual’s cohabiting spouse or common-law partner, because of a breakdown of their marriage or common-law partnership, for a period of at least 90 days which includes a day in the particular month; and (2) Clause 5(5)(

a) of the regulations is amende d by adding “or common-law partner” immediately after “spouse”. 4 The regulations are further amended by striking out “P art I” wherever it appears in Sections 3, 5, 7 and 12 and substituting “Part II”.

534 © NS Registry of Regulations. Web version. N.S. Reg. 71/2001 ROYAL GAZETTE

Part II Regulations N.S. Reg. 71/2001 Made: June 22, 2001 Filed: June 25, 2001 Municipal Accounting and Reporting Manual Order in Council 2001-298 made June 22, 2001 Dispensation from publication made by the Governor in Council pursuant to subsection 4(3) of the Regulations Act of an Order dated June 22, 2001 (N.S. Reg 71/2001), made pursuant to

Section 451 of the Municipal Government Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated May 29, 2001, pursuant to subsection 4(3) of

Chapter 393 of the Revised Statutes of Nova Scotia, 1989, the Regulations Act, is pleased to dispense with the publication in the Royal Gazette

Part II of the Regulation Made by the Minister of Service Nova Scotia and Municipal Relations Pursuant to

Section 451 of

Chapter 18 of the Statutes of Nova Scotia, 1998, the Municipal Government Act, Respecting Amendments to the Municipal Accounting and Reporting Manual, made by the Minister on May 29, 2001, and which regulation is set forth in

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

Part II Regulations N.S. Reg. 72/2001 Made: June 22, 2001 Filed: June 25, 2001 Small Game Hunting Regulations Order in Council 2001-284 made June 22, 2001 Amendment to regulations made by the Governor in Council pursuant to

Section 113 of the Wildlife Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated May 23, 2001, and pursuant to

Section 113 of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act, is pleased to amend the Small Game Hunting Regulations made by the Governor in Council by Order in Council 87-957 dated August 18, 1987, in the manner set out in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 22, 2001.

Schedule “A” Amendments to the Small Game Hunting Regulations made by the Governor in Council pursuant to

Chapter 403 [Section 113 of

Chapter 504] of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act 1

Section 3 of the Small Game Hunting Regulations made by the Governor in Council by Order in Council 87-957 dated August 18, 1987, is amended by adding the following subsection immediately after subsection (6):

(7) A person who does not require a Migratory Game Bird Hunting Permit is exempt from the requirement to obtain a Small Game Hunting Licence pursuant to subsection (2) on the day designated as “Waterfowler Heritage Day” under the federal Migratory Birds Regulations. 2 Clause 5(2)(

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

a) snowshoe hare All counties Nov. 1 st to last day of Feb. 3

Section 5 of the regulations is further amended by adding the following subsection immediately after subsection (2): (2A) Despite clause (2)(a), no person shall hunt snowshoe hare with a dog from November 1st to November 15th inclusive.

536 © NS Registry of Regulations. Web version. N.S. Reg. 73/2001 ROYAL GAZETTE

Part II Regulations N.S. Reg. 73/2001 Made: June 22, 2001 Filed: June 25, 2001 General Wildlife Regulations Order in Council 2001-285 made June 22, 2001 Amendment to regulations made by the Governor in Council pursuant to

Section 113 of the Wildlife Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated May 23, 2001, and pursuant to

Section 113 of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act, is pleased to amend subsection 3B(1) of the General Wildlife Regulations made by the Governor in Council by Order in Council 87-1181 dated September 29, 1987, by striking out “equal to one-half the total cost of the licence being replaced or $20.00, whichever is less” and substituting “of $5.00”.

Part II Regulations N.S. Reg. 74/2001 Made: June 22, 2001 Filed: June 25, 2001 Deer Hunting Regulations Order in Council 2001-286 made June 22, 2001 Amendment to regulations made by the Governor in Council pursuant to

Section 113 of the Wildlife Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated May 23, 2001, and pursuant to

Section 113 of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act, is pleased to amend the Deer Hunting Regulations made by the Governor in Council by Order in Council 88-348 dated March 29, 1988, in the manner set forth

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 22, 2001.

Schedule “A” Amendments to the Deer Hunting Regulations made by the Governor in Council pursuant to

Section 113 of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act 1

Section 2 of the Deer Hunting Regulations made by the Governor in Council by Order in Council 88- 348 dated March 29, 1988, is amended by adding the following clause immediately after clause (ba): (bb) “Bonus Deer Hunting Stamp” means a stamp issued by the Department that when affixed to a Deer Hunting Licence, confers on the holder the privilege of hunting an additional antlered or antlerless deer in the specified Deer Management Zone. 2 Subsection 3(1) of the regulations is amended by adding the following clause immediately after clause (c): (

d) Bonus Deer Hunting Stamp - $Nil 3 Subsection 4(5) of the regulations is amended by repealing clause (

c) and substituting the following clause: (

c) a valid Antlerless Deer Hunting Stamp, a valid Bonus Deer Hunting Stamp or a valid Bowhunter Stamp, where required by these regulations. 4

Section 4A of the regulations is amended by rep ealing subsections (2), (3), (4), (5) and (6) and substituting the following subsections:

(2) For each Deer Management Zone, the Minister may determine, on an annual basis, (

a) that the hunting, taking or killing of deer in the Deer Management Zone shall be of (

i) antlered deer, and (ii) antlerless deer, either by

538 © NS Registry of Regulations. Web version. N.S. Reg. 74/2001 ROYAL GAZETTE

Part II Regulations (

A) holders of Antlerless Deer Hunting Stamps only, or (

B) all holders of Deer Hunting Stamps; or (

b) that no deer may be hunted, taken or killed in the Deer Management Zone.

(3) Where no determination has been made for a Deer Management Zone pursuant to subsection (2), the hunting, taking or killing of deer in the Deer Management Zone shall be of antlered deer.

(4) The Minister may determine on an annual basis the number of Antlerless Deer Hunting Stamps and Bonus Deer Hunting Stamps to be issued in each Deer Management Zone.

(5) The Minister may issue Antlerless Deer Hunting Stamps and Bonus Deer Hunting Stamps to persons on a random basis from the total number of valid applications received for each stamp in each Deer Management Zone. 5

Section 5 of the regulations is repeal ed and the following

Section substituted: 5 The bag limit for deer is one per calendar year, except for persons holding Bonus Deer Hunting Stamps. 6 The regulations are further amended by adding the following

Section immediately after

Section 5: 5A

(1) No person shall take, hunt or kill or attempt to take, hunt or kill antlerless deer unless the person (

a) holds a valid Antlerless Deer Hunting Stamp and is hunting in the Deer Management Zone specified on the Stamp; or (

b) holds a valid Bonus Deer Hunti ng Stamp and is hunting in the Deer Management Zone specified on the Stamp; or (

c) is hunting in a Deer Management Zone determined by the Minister in accordance with paragraph 4A(2)(a)(ii)(B).

(2) A person who has taken an antlered deer shall ensure that the antlered head remains attached to at least one front quarter of the deer until the deer is processed for storage or consumption. 7 Subsection 8(4) of the regulations is amended by adding immediately after “that person” “unless the person has a valid Bonus Deer Hunting Stamp”. 8 Clause 10(1)(

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

Part II Regulations (

b) the Deer Registration Certificate on the Deer Hunting Licence is completed in accordance with the Deer Registration Station Regulations. 9 Sections 14 and 15 of the regulations are repealed.

540 © NS Registry of Regulations. Web version. N.S. Reg. 75/2001 ROYAL GAZETTE

Part II Regulations N.S. Reg. 75/2001 Made: June 22, 2001 Filed: June 25, 2001 Moose Hunting Regulations Order in Council 2001-287 made June 22, 2001 Amendment to regulations made by the Governor in Council pursuant to

Section 113 of the Wildlife Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated May 23, 2001, and pursuant to subsection 113 of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act, is pleased to amend the Moose Hunting Regulations made by the Governor in Council by Order in Council 88-405 dated April 20, 1988, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 22, 2001.

Schedule “A” Amendment to the Moose Hunting Regulations made by the Governor in Council pursuant to subsection 113(1) of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act Subsection 5(1) of the Moose Hunting Regulations made by the Governor in Council by Order in Council 88-405 dated April 20, 1988, is amended by striking out “Thanksgiving Day Monday in October” and substituting “the last Monday in September”.

Part II Regulations N.S. Reg. 76/2001 Made: June 22, 2001 Filed: June 25, 2001 Fur Harvesting Regulations Order in Council 2001-288 made June 22, 2001 Amendment to regulations made by the Governor in Council pursuant to

Section 113 of the Wildlife Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated May 23, 2001, and pursuant to

Section 113 of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act, is pleased to amend the Fur Harvesting Regulations made by the Governor in Council by Order in Council 87-956 dated August 18, 1987, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 22, 2001.

Schedule “A” Amendments to the Fur Harvesting Regulations made by the Governor in Council pursuant to

Section 113 of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act Subsection 11(14) of the Fur Harvesting Regulations made by the Governor in Council by Order in Council 87-956 dated August 18, 1987, is repealed and the following subsection substituted:

(14) No person shall set a leg or foot hold trap to take a fur-bearing animal unless (

a) the trap is set for beaver, otter, mink or muskrat and is attached to a device that is designed to submerge the animal and prevent it from resurfacing; (

b) the trap is set for muskrat or mink and is sufficiently heavy to submerge the mink or muskrat and prevent the animal from resurfacing; (

c) the trap is set for weasel, red squirrel or mink and is set in such a manner as to kill the animal immediately upon the springing of the trap; (

d) the trap is set for a raccoon and has jaws which are padded with rubber compound specifically designed to reduce injury to the animal or is an egg trap; (

e) the trap is set for fox; or (

f) the trap is set for bobcat, lynx or coyote and has been modified to improve humaneness by such means as laminating the jaws, off-setting the jaws, padding the jaws, using a trap that incorporates a snare, or other similarly effective means of improving humaneness.

542 © NS Registry of Regulations. Web version. N.S. Reg. 77/2001 ROYAL GAZETTE

Part II Regulations N.S. Reg. 77/2001 Made: June 22, 2001 Filed: June 25, 2001 Bear Harvesting Regulations Order in Council 2001-289 made June 22, 2001 Amendment to regulations made by the Governor in Council pursuant to

Section 113 of the Wildlife Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated May 23, 2001, and pursuant to

Section 113 of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act, is pleased to amend the Bear Harvesting Regulations made by the Governor in Council by Order in Council 88-349 dated March 29, 1988, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 22, 2001.

Schedule “A” Amendments to the Bear Harvesting Regulations made by the Governor in Council pursuant to

Section 113 of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act 1 Clause 10(2)(

b) of the Bear Hunting Regulations made by the Governor in Council by Order in Council 88-349 dated March 29, 1988, is amended by striking out “, a registered master guide”. 2 Clause 10(2)(

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

f) No person shall hunt for bear except at a bait site, the location of which has been identified, approved and registered with the Department for the purpose of hunting, and (

i) unless the person is the registrant of the bait site, or (ii) if the person is not the registrant of the bait site, unless the person carries the written approval of the registrant on their person while using the bait site. 3

Section 11 of the regulations is repeal ed and the following

Section substituted: 11 The holder of a Bear Hunting Licence or a Resident Bear Snaring Licence shall, not later than 2 weeks after the end of the season for which the licence was issued, (

a) complete and return to an area office of the Department an information return as required by the Minister; and (

b) where the licence holder has killed a bear, submit the lower jawbone or skull of the bear to an area office of the Department for extraction of a pre-molar tooth together with the completed information return required under clause (a).

Part II Regulations N.S. Reg. 78/2001 Made: June 22, 2001 Filed: June 25, 2001 Pharmacare Tariff Regulations Order in Council 2001-294 made June 22, 2001 Regulations approved by the Governor in Council pursuant to

Section 13 of the Health Services and Insurance Act The Governor in Council on the report and recommendation of the Minister of Health dated June 13, 2001, and pursuant to

Section 13 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, 2001, to: (

a) repeal the Pharmacare Tariff Regulations made by the Minister of Health and approved by the Governor in Council by Order in Council 1998-543 dated October 28, 1998; (

b) approve of new regulations made by the Minist er of Health respecting a pharmacare tariff in the form set forth in

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

c) approve the authorization by the Minister of Hea lth of payments in respect of the tariff approved by this Order.

Schedule “A” Regulations Respecting a Pharmacare Tariff made pursuant to

Section 13 of

Chapter 197 of the Revised Statutes of Nova Scotia, 1989, the Health Services and Insurance Act Citation 1 These regulations may be cited as the Pharmacare Tariff Regulations.

Interpretation 2 In these regulations, (a) “AAC” means the actual acquisition cost of a prescription drug, determined in accordance with

Section 3; (b) “Act” means the Health Services and Insurance Act; (c) “MAC” means the maximum allowable drug cost in an interchangeable drug category established pursuant to the Insured Prescription Drug Plan. 3( 1 ) The AAC of a prescription drug shall be determined by deducting the total value of rebates, allowances and free products received by a provider in respect of the purchase of the prescription drug, from the cost of the prescription drug to the provider.

(2) The cost of a prescription drug to a provider shall be determined by averaging the price that the provider paid for it over the period in respect of which the provider is making a claim, regardless of whether the current price for the drug is different than the price in effect when the drug was dispensed.

544 © NS Registry of Regulations. Web version. N.S. Reg. 78/2001 ROYAL GAZETTE

Part II Regulations

(3) Despite subsection (1), an incentive for payment within 15 days, up to a maximum of 2%, shall not be included in the calculation of the AAC.

(4) No mark-up or buying profit shall be included in the calculation of the AAC. Tariff 4( 1 ) The pharmacare tariff for prescription drugs effective April 1, 2001, to March 31, 2004, is the lesser of (

a) the usual and customary charges to cash customers of the provider; and (

b) with respect to (

i) insured compounds, the AAC plus a professional fee of 1.5 times the applicable professional fee in subsection (2), (ii) insulin, the AAC plus the applicab le professional fee in subsection (2), (iii) diabetic supplies, the AAC plus the applicable professional fee in subsection (2), (iv) oral contraceptives, the AAC plus the a pplicable professional fee in subsection (2), (

v) over-the-counter drugs, the AAC plus the a pplicable professional fee in subsection (2), (vi) ostomy supplies, the AAC plus 10%, plus the applicable professional fee in subclause (2)(a)(i), (b)(

i) or (c)(i), regardless of the drug ingredient cost; (vii) injectables, exclusive of immunization programs, the AAC plus 10%, plus the applicable professional fee in subclause (2)(a)(i), (b)(

i) or (c)(i), regardless of the drug ingredient cost; and (viii) all other prescription drugs, the AAC plus the applicable professional fee in subsection (2).

(2) The professional fee to be used in the calculations in subsection (1) shall be, (

a) effective April 1, 2001, to March 31, 2002, (

i) not more than $9.17 for a prescription with a drug ingredient cost of up to $120, and (ii) not more than $13.75 for a prescription with a drug ingredient cost of more than $120; (

b) effective April 1, 2002, to March 31, 2003, (

i) not more than $9.35 for a prescription with a drug ingredient cost of up to $125, and

Part II Regulations (ii) not more than $14.02 for a prescription with a drug ingredient cost of more than $125; and (

c) effective April 1, 2003, to March 31, 2004, (

i) not more than $9.54 for a prescription with a drug ingredient cost of up to $130, and (ii) not more than $14.31 for a prescription with a drug ingredient cost of more than $130.

(3) Despite subclause 4(1)(b)(viii), where an MAC has been established, it shall be substituted for the AAC. Ministerial authorization 5 The Minister may authorize payments in respect of the tariff as set out in these regulations.

546 © NS Registry of Regulations. Web version. N.S. Reg. 79/2001 ROYAL GAZETTE

Part II Regulations N.S. Reg. 79/2001 Made: June 22, 2001 Filed: June 25, 2001 Ironworker Trade Regulations Order in Council 2001-296 made June 22, 2001 Amendment to regulations made by the Governor in Council pursuant to

Section 41 of the Apprenticeship and Trades Qualifications Act The Governor in Council on the report and recommendation of the Minister of Education dated May 23, 2001, and pursuant to

Section 41 of

Chapter 17 of the Revised Statutes of Nova Scotia, 1989, the Apprenticeship and Trades Qualifications Act, is pleased to amend the Ironworker Trade Regulations made by the Governor in Council by Order in Council 1999-149 dated April 7, 1999, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 22, 2001.

Schedule “A” Amendments to the Ironworker Trade Regulations made by the Governor in Council pursuant to

Section 41 of

Chapter 17 of the Revised Statutes of Nova Scotia, 1989, the Apprenticeship and Trades Qualifications Act 1 Subsection 4(1) of the Ironworker Trade Regulations made by the Governor in Council by Order in Council 1999-149 dated April 7, 1999, is amended by striking out “8000” and substituting “6000”. 2 Subsection 9(2) of the regulations is amended by (

a) striking out “85% of the journeyperson’s rate in place of employment;” and substituting “90% of the journeyperson’s rate in place of employment.”; and (

b) striking out the last two lines. 3 Subclause 11(a)(

i) of the regulations is amende d by striking out “12 000” and substituting “9000”. 4 Subclause 11(a)(ii) of the regulations is ame nded by striking out “10 000” and substituting “8000”.

Part II Regulations N.S. Reg. 80/2001 Made: June 25, 2001 Filed: June 27, 2001 Permit for Variance Regulations Order dated June 25, 2001 Regulations made under clause 51(1)(

d) of the Agricultural Marshland Conservation Act ORDER IN THE MATTER OF CLAUSE 51(1)(

d) OF

CHAPTER 22 OF THE ACTS OF 2000, THE AGRICULTURAL MARSHLAND CONSERVATION ACT I, Ernest L. Fage, Minister, Agriculture and Fisheries for the Province of Nova Scotia, pursuant to clause 51(1)(

d) of

Chapter 22 of the Acts of 2000, the Agricultural Marshland Conservation Act, do hereby make regulations pursuant to clause 51(1)(

d) in the form set forth in

Schedule “A” attached. Halifax, Nova Scotia (Signed) Ernest L. Fage June 25, 2001 Ernest L. Fage, Minister Agriculture and Fisheries Regulations Respecting Permits for Variance made pursuant to clause 51(1)(

d) of

Chapter 22 of the Acts of 2000, the [Agricultural] Marshland Conservation Act 1 These regulations may be cited as the Permit for Variance Regulations. 2 In these regulations, (a) “Act” means the [Agricultural] Marshland Conservation Act; (b) “permit for variance” means a permit issued by the Marshland Administrator pursuant to

Section 41 of the Act for development in a marshland section. 3 An application for a permit for variance shall be in a form specified by the Marshland Administrator and shall be submitted to the Marshland Administrator together with (

a) a letter from the municipal development officer for the municipality in which the proposed development is to occur, indicating that the proposed development is permitted under the land- use by-laws of the municipality; (

b) where there is a marsh body incorporated for the marshland

section in which the proposed development is to occur, a letter from the marsh body executive committee indicating that the proposed development is permitted under the rules of the marsh body; and (

c) a map showing the location of the proposed development.

Part II Regulations 4

(1) Subject to

Section 5, where an applicant has properly completed an application and submitted it with accompanying documents pursuant to

Section 3, the Marshland Administrator shall issue a permit for variance if the lot where proposed development is to occur (

a) existed prior to November 7, 2000, and is less than 0.5 ha in area; and (

b) is within 50 m of a lot to which subsection 41(6) of the Act applies.

(2) Despite clause (1)(a), a lot that is greater than 0.5 ha in area may be considered for a permit for variance, in the discretion of the Marshland Administrator. 5 The Marshland Administrator shall not issue a permit for variance to an applicant if the development proposed by the applicant (

a) substantially interferes with drainage or othe r works in a way that negatively impacts on the existing agricultural activity or the agricultural potential of the marshland section; (

b) consists of removing topso il from the marshland section; or (

c) is contrary to any applicable municipal land-use by-law or rules of a marsh body. 6 Where an applicant is granted a permit for variance, the Administrator shall give notice in writing to the clerk of the municipality in which the proposed development is to occur and, where applicable, to the secretary of the relevant marsh body’s executive committee, of the final decision to grant the permit for variance.

Part II Regulations N.S. Reg. 81/2001 Made: June 27, 2001 Filed: June 29, 2001 Proclamation, S. 14, S.N.S. 2001, c. 27 Order in Council 2001-303 made June 27, 2001 Proclamation made by the Governor in Council pursuant to

Section 14 of the Healthcare Services Continuation

(2001) Act The Governor in Council on the report and recommendation of the Minister of Health dated June 27, 2001, pursuant to

Section 14 of

Chapter 27 of the Acts of 2001, the Healthcare Services Continuation

(2001) Act, and subsection (7) of

Section 3 of

Chapter 235 of the Revised Statutes, 1989, the

Interpretation Act, is pleased to order and declare by proclamation that

Chapter 27 of the Acts of 2001, the Healthcare Services Continuation

(2001) Act, except clauses (a), (

c) and (

d) of subsection (1) of

Section 3, come into force on and not before June 27, 2001. PROVINCE OF NOVA SCOTIA Sgd: Myra A. Freeman G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, GREETING: A PROCLAMATION

WHEREAS in and by

Section 14 of

Chapter 27 of the Acts of 2001, the Healthcare Services Continuation

(2001) Act, it is enacted as follows: 14 This Act comes into force on such day as th e Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 27 of the Acts of 2001, the Healthcare Services Continuation

(2001) Act, except clauses (a), (

c) and (

d) of subsection (1) of

Section 3, come into force on and not before June 27, 2001;

Part II Regulations NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 27 of the Acts of 2001, the Healthcare Services Continuation

(2001) Act, except clauses (a), (

c) and (

d) of subsection (1) of

Section 3, come into force on and not before June 27, 2001, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Myra A. Freeman, Lieutenant Governor of the Province of Nova Scotia. AT Our Government House in the Halifax Regional Municipality, this 27 th day of June, in the year of Our Lord two thousand and one and in the 50th year of Our Reign. BY COMMAND: Sgd: Michael G. Baker Provincial Secretary Minister of Justice and Attorney General

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 70/2001
Date	2001-07-13
Type	gazette
Volume / chapter	just regulations rg2 2001 RG2 2001 07 13
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	18a237ba425e94511280b405a84569f5104d6aa8

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