Prescribed Petroleum Products Prices (N.S. Reg. 46/2018) (just regulations rg2 2018 RG2 2018 04 13)

N.S. Reg. 46/2018

Nova Scotia — Gazette

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 42, No. 8 April 13, 2018 Contents Act Reg. No.

Page Education Act Governor in Council Education Act Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50/2018 211 Ministerial Education Act Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59/2018 269 Regional Centres for Education Regulations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51/2018 244 Teacher Certification Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52/2018 245 Education (CSAP) Act Designation of Annapolis Valley Regional School Board–repeal.. . . . . . . . . . . . . . . . . . . . 54/2018 210 Designation of Cape Breton-Victoria Regional School Board–repeal. . . . . . . . . . . . . . . . . 55/2018 210 Designation of Chignecto-Central Regional School Board–repeal. . . . . . . . . . . . . . . . . . . . 58/2018 210 Designation of Conseil scolaire acadien provincial–repeal.. . . . . . . . . . . . . . . . . . . . . . . . . 56/2018 210 Designation of Halifax Regional School Board–repeal.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 57/2018 210 Designation of Strait Regional School Board–repeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53/2018 210 Maintenance Enforcement Act Proclamation of amendments to Act, S. 28, S.N.S. 2016, c. 24–S. 4, 13, 21 to the extent that

Section 21 enacts clause 42A(1)(

c) of the Maintenance Enforcement Act, 23, 24, 26(2) and 27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48/2018 208 Maintenance Enforcement Regulations–amendment.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49/2018 209 Petroleum Products Pricing Act Prescribed Petroleum Products Prices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46/2018 205 Prescribed Petroleum Products Prices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60/2018 288

Summary Proceedings Act

Summary Offence Tickets Regulations–amendment.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47/2018 207 © NS Office of the Registrar of Regulations. Web version. 203

Royal Gazette

Part II - Regulations Vol. 42, No. 8 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. © NS Office of the Registrar of Regulations. Web version. 204

N.S. Reg. 46/2018 Royal Gazette

Part II - Regulations Vol. 42, No. 8 N.S. Reg. 46/2018 Made: March 22, 2018 Filed: March 23, 2018 Prescribed Petroleum Products Prices Order dated March 22, 2018 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 In the matter of the Petroleum Products Pricing Act M08586 - 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: Richard J. Melanson, LL.B, Member

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 product prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And

whereas the Board revised the wholesale margin effective January 4, 2013, in its decision, 2012 NSUARB 213, issued on December 12, 2012; And

whereas the Board revised the retail margin and the transportation allowance effective October 28, 2016, in its decision, 2016 NSUARB 168, issued on September 26, 2016; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended March 21, 2018, are: Grade 1 Regular gasoline 63.6¢ per litre Ultra-low-sulfur diesel oil 66.3¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 63.6¢ per litre Grade 2 66.6¢ per litre Grade 3 69.6¢ per litre Ultra-low-sulfur diesel oil 66.3¢ 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 0.8¢ per litre Ultra-low-sulfur diesel oil: plus 0.6¢ per litre And

whereas a winter blending adjustment of plus 3.8¢ 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., March 23, 2018. © NS Office of the Registrar of Regulations. Web version. 205

N.S. Reg. 46/2018 Royal Gazette

Part II - Regulations Vol. 42, No. 8 Dated at Halifax, Nova Scotia, this 22nd day of March, 2018. sgd: Bruce A. Kiley 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 March 23, 2018 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 71.7 10.0 15.5 97.2 117.6 119.8 117.6 999.9 Mid-Grade Unleaded 74.7 10.0 15.5 100.2 121.1 123.3 121.1 999.9 Premium Unleaded 77.7 10.0 15.5 103.2 124.5 126.7 124.5 999.9 Ultra-Low-Sulfur Diesel 78.0 4.0 15.4 97.4 117.9 120.1 117.9 999.9 Zone 2 Regular Unleaded 72.2 10.0 15.5 97.7 118.2 120.4 118.2 999.9 Mid-Grade Unleaded 75.2 10.0 15.5 100.7 121.7 123.9 121.7 999.9 Premium Unleaded 78.2 10.0 15.5 103.7 125.1 127.3 125.1 999.9 Ultra-Low-Sulfur Diesel 78.5 4.0 15.4 97.9 118.4 120.6 118.4 999.9 Zone 3 Regular Unleaded 72.6 10.0 15.5 98.1 118.7 120.9 118.7 999.9 Mid-Grade Unleaded 75.6 10.0 15.5 101.1 122.1 124.3 122.1 999.9 Premium Unleaded 78.6 10.0 15.5 104.1 125.6 127.8 125.6 999.9 Ultra-Low-Sulfur Diesel 78.9 4.0 15.4 98.3 118.9 121.1 118.9 999.9 Zone 4 Regular Unleaded 72.7 10.0 15.5 98.2 118.8 121.0 118.8 999.9 Mid-Grade Unleaded 75.7 10.0 15.5 101.2 122.2 124.4 122.2 999.9 Premium Unleaded 78.7 10.0 15.5 104.2 125.7 127.9 125.7 999.9 Ultra-Low-Sulfur Diesel 79.0 4.0 15.4 98.4 119.0 121.2 119.0 999.9 Zone 5 Regular Unleaded 72.7 10.0 15.5 98.2 118.8 121.0 118.8 999.9 Mid-Grade Unleaded 75.7 10.0 15.5 101.2 122.2 124.4 122.2 999.9 Premium Unleaded 78.7 10.0 15.5 104.2 125.7 127.9 125.7 999.9 Ultra-Low-Sulfur Diesel 79.0 4.0 15.4 98.4 119.0 121.2 119.0 999.9 Zone 6 Regular Unleaded 73.4 10.0 15.5 98.9 119.6 121.8 119.6 999.9 Mid-Grade Unleaded 76.4 10.0 15.5 101.9 123.0 125.2 123.0 999.9 Premium Unleaded 79.4 10.0 15.5 104.9 126.5 128.7 126.5 999.9 Ultra-Low-Sulfur Diesel 79.7 4.0 15.4 99.1 119.8 122.0 119.8 999.9 © NS Office of the Registrar of Regulations.

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N.S. Reg. 47/2018 Royal Gazette

Part II - Regulations Vol. 42, No. 8 N.S. Reg. 47/2018 Made: March 22, 2018 Filed: March 27, 2018

Summary Offence Tickets Regulations–amendment Order dated March 22, 2018 Amendment to regulations made by the Attorney General and Minister of Justice pursuant to

Section 8 of the

Summary Proceedings Act Order Made under

Section 8 of

Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the

Summary Proceedings Act I, Mark Furey, Attorney General and Minister of Justice for the Province of Nova Scotia, pursuant to

Section 8 of

Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the

Summary Proceedings Act, effective on and after the date of this Order, hereby amend the

Summary Offence Tickets Regulations, N.S. Reg. 281/2011, made by order of the Attorney General and Minister of Justice dated October 4, 2011, by repealing the designation of certain offences under the Town of Wolfville by-laws in the manner set forth in the attached

Schedule “A”. Dated and made March 22, 2018, at Halifax, Halifax Regional Municipality, Province of Nova Scotia. sgd: Mark Furey Honourable Mark Furey Attorney General and Minister of Justice

Schedule “A” Amendment to the

Summary Offence Tickets Regulations made by the Minister of Justice under

Section 8 of

Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the

Summary Proceedings Act

Schedule M-27 to the

Summary Offence Tickets Regulations, N.S. Reg. 281/2011, made by Order of the Attorney General and Minister of Justice dated October 4, 2011, is amended by (

a) repealing the heading “Smoke Free Indoor Public Places By-Law” and items 1 to 8 under that heading; and (

b) repealing the heading “Smoke Free Vehicles By-law” and item 1 under that heading. © NS Office of the Registrar of Regulations. Web version. 207

N.S. Reg. 48/2018 Royal Gazette

Part II - Regulations Vol. 42, No. 8 N.S. Reg. 48/2018 Made: March 27, 2018 Filed: March 27, 2018 Proclamation, S. 28, S.N.S. 2016, c. 24–S. 4, 13, 21 to the extent that S. 21 enacts clause 42A(1)(

c) of the Maintenance Enforcement Act, 23, 24, 26(2) and 27 Order in Council 2018-72 dated March 27, 2018 Proclamation made by the Governor in Council pursuant to

Section 28 of

An Act to Amend

Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act The Governor in Council on the report and recommendation of the Attorney General and Minister of Justice dated February 6, 2018, pursuant to

Section 28 of

Chapter 24 of the Acts of 2016,

An Act to Amend

Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act , and subsection 3(7) of

Chapter 235 of the Revised Statutes, 1989, the

Interpretation Act, is pleased to order and declare by proclamation that Sections 4, 13, 21 to the extent that

Section 21 enacts clause 42A(1)(

c) of the Maintenance Enforcement Act , 23 and 24, subsection 26(2) and

Section 27 of

Chapter 24 of the Acts of 2016,

An Act to Amend

Chapter 6 of the Acts of 1994-95 , the Maintenance Enforcement Act, do come into force on and not before March 27, 2018. PROVINCE OF NOVA SCOTIA sgd: Arthur J. LeBlanc 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 28 of

Chapter 24 of the Acts of 2016,

An Act to Amend

Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act, it is enacted as follows: 28 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 Sections 4, 13, 21 to the extent that

Section 21 enacts clause 42A(1)(

c) of the Maintenance Enforcement Act, 23 and 24, subsection 26(2) and

Section 27 of

Chapter 24 of the Acts of 2016,

An Act to Amend

Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act ; [sic] 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 Sections 4, 13, 21 to the extent that

Section 21 enacts clause 42A(1)(

c) of the Maintenance Enforcement Act, 23 and 24, subsection 26(2) and

Section 27 of

Chapter 24 of the Acts of 2016,

An Act to Amend

Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act , do come into force on and not before March 27, 2018, 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. © NS Office of the Registrar of Regulations. Web version. 208

N.S. Reg. 48/2018 - 49/2018 Royal Gazette

Part II - Regulations Vol. 42, No. 8 WITNESS, Our Trusty and Well Beloved His Honour Arthur J. LeBlanc, ONS, Q.C., Lieutenant Governor of the Province of Nova Scotia. AT Our Government House in the Halifax Regional Municipality, this 27th day of March in the year of Our Lord two thousand and eighteen and in the sixty- seventh year of Our Reign. BY COMMAND: sgd: Honourable Mark Furey Provincial Secretary Attorney General and Minister of Justice N.S. Reg. 49/2018 Made: March 27, 2018 Filed: March 27, 2018 Maintenance Enforcement Regulations–amendment Order in Council 2018-73 dated March 27, 2018 Amendment to regulations made by the Governor in Council pursuant to

Section 61 of the Maintenance Enforcement Act The Governor in Council on the report and recommendation of the Minister of Justice and Attorney General dated February 6, 2018, pursuant to

Section 61 of

Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act, is pleased to amend the Maintenance Enforcement Regulations, N.S. Reg. 40/96, made by the Governor in Council by Order in Council 96-137 dated March 5, 1996, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after March 27, 2018.

Schedule “A” Amendment to the Maintenance Enforcement Regulations made by the Governor in Council under

Section 61 of

Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act

Section 6 of the Maintenance Enforcement Regulations, N.S. Reg. 40/1996, made by the Governor in Council by Order in Council 96-137 dated March 5, 1996, is repealed and the following

Section substituted: For the purpose of subsection 30(2) of the Act, 21 days from the date the payor receives a notice is prescribed as the time for the payor to make an arrangement satisfactory to the Director for complying with the maintenance order. © NS Office of the Registrar of Regulations. Web version. 6 209

N.S. Reg. 50/2018 to 58/2018 Royal Gazette

Part II - Regulations Vol. 42, No. 8 N.S. Reg. 50/2018 to 58/2018 Made: March 29, 2018 Filed: April 3, 2018 Regulations and repeal of regulations under the Education Act and Education (CSAP) Act Order in Council 2018-104 dated March 29, 2018 Regulations and repeal of regulations made by the Governor in Council pursuant to

Section 98 of the Education Act and

Section 146 of the Education (CSAP) Act The Governor in Council on the report and recommendation of the Minister of Education and Early Childhood Development dated March 28, 2018, is pleased, effective on and after April 1, 2018: (

a) pursuant to

Section 98 of

Schedule A, the Education Act, to

Chapter 1 of the Acts of 2018, the Education Reform

(2018) Act, to (

i) make regulations respecting the Education Act in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, (ii) make regulations respecting the naming of regional centres and designation of school regions in the form set forth in

Schedule “B” attached to and forming part of the report and recommendation, (iii) make regulations respecting teacher certification in the form set forth in

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

b) pursuant to

Section 148 of

Chapter 1 of the Acts of 1995-96, the Education (CSAP) Act, to repeal the following designations of regional school boards: (

i) designation of the Strait Regional School Board, N.S. Reg. 34/2005, made by the Governor in Council by Order in Council 96-88 dated February 13, 1996, [Subclause (b)(

i) filed as N.S. Reg. 53/2018] (ii) designation of the Annapolis Valley Regional School Board, N.S. Reg. 35/2005, made by the Governor in Council by Order in Council 96-187 dated March 26, 1996, [Subclause (b)(ii) filed as N.S. Reg. 54/2018] (iii) designation of the Cape Breton-Victoria Regional School Board, N.S. Reg. 36/2005, made by the Governor in Council by Order in Council 96-269 dated April 16, 1996, [Subclause (b)(iii) filed as N.S. Reg. 55/2018] (iv) designation of the Conseil scolaire acadien provincial, N.S. Reg. 38/2005, made by the Governor in Council by Order in Council 96-292 dated April 23, 1996, [Subclause (b)(iv) filed as N.S. Reg. 56/2018] (

v) designation of the Halifax Regional School Board, N.S. Reg. 40/2005, made by the Governor in Council by Order in Council 96-583 dated July 31, 1996, and [Subclause (b)(

v) filed as N.S. Reg. 57/2018] (vi) designation of the Chignecto-Central Regional School Board, N.S. Reg. 41/2005, made by the Governor in Council by Order in Council 96-584 dated July 31, 1996. [Subclause (b)(vi) filed as N.S. Reg. 58/2018] © NS Office of the Registrar of Regulations. Web version. 210

N.S. Reg. 50/2018 Royal Gazette

Part II - Regulations Vol. 42, No. 8 N.S. Reg. 50/2018 Governor in Council Education Act Regulations

Schedule “A” Regulations Respecting the Education Act made by the Governor in Council under

Section 98 of

Schedule A, the Education Act, to

Chapter 1 of the Acts of 2018, the Education Reform

(2018) Act Citation 1 These regulations may be cited as the Governor in Council Education Act Regulations .

Definitions 2 In these regulations, “Act” means the Education Act; “classroom” means any area approved by the Minister for instructional purposes; “substitute teacher” means a teacher or other qualified person engaged on a day-to-day basis to take the place of a person regularly employed as a teacher by an education entity; “university” includes college.

Rate for determining minimum municipal contribution 3 For the purpose of clause 67(3) of the Act, the rate to be used to determine the minimum municipal contribution for an education entity is $0.3048 per $100 of the uniform assessment determined under the Municipal Grants Act for the municipalities served by the education entity. School Attendance Limiting age for public schools 4 For the purpose of

Section 6 of the Act, a child who turns 5 years old on or before December 31 in a year is deemed to be a person over the age of 5 years for the school year beginning in that year. Attendance at school of enrollment 5 Every child in the Province who has attained the age of 6 years and has not attained the age of 16 years must, on every day in which school is in session, unless exempt under the Act and its regulations, attend the school in which the child is enrolled. Additional exemptions from requirement to attend public school 6

(1) For the purposes of clause 33(2)(

d) of the Act, in addition to the exemptions listed in clauses 33(2)(

a) to (

c) of the Act, a child is exempt from the requirement to attend a public school in any of the following circumstances: (

a) the child is temporarily unable to attend school for physical or mental health reasons or for other unavoidable causes, and evidence satisfactory to the education entity is provided by the child’s parent or a doctor when requested by the child’s teacher or school principal; (

b) the child is excused or prohibited from attending under the Health Protection Act. © NS Office of the Registrar of Regulations. Web version. 211

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(2) The parent of a child exempted under subsection 33(2) of the Act from the requirement to attend public school is not required to cause the child to attend public school. Powers, Duties and Responsibilities of Regional Centres Certificate of exemption from attendance or certificate authorizing employment 7

(1) In this Section, “certificate” means either of the following: (

a) a certificate exempting a student from attendance at school issued under clause 35(1)(

a) of the Act; (

b) a certificate authorizing employment of a student during school hours issued under clause 35(1)(

b) of the Act.

(2) Before issuing a certificate, a regional centre must ensure that all of the following are met: (

a) a parent of a student who is under 16 years of age has submitted a request for the certificate to the regional centre; (

b) the student is at least 15 years old; (

c) the staff of the regional centre have done all of the following: (

i) evaluated the circumstances related to the request, (ii) examined alternatives to an exemption from attendance, (iii) discussed the alternatives examined under subclause (ii) in detail with the student and the student’s parent; (

d) the regional centre is satisfied, after considering the results of the actions described in clause (c), that requiring the student to continue to attend school would not be beneficial to the student.

(3) A certificate must include all of the following: (

a) the full names and addresses of the student and their parents; (

b) the date of the student’s birth; (

c) the name of the school where the student is enrolled; (

d) the period for which the certificate is valid; (

e) for a certificate authorizing employment during school hours, the name of the employer.

(4) A certificate must be signed by the regional executive director of the regional centre.

(5) A copy of a certificate must be provided to each of the following: (

a) the principal of the school where the student was enrolled at the time the certificate was issued; © NS Office of the Registrar of Regulations. Web version. 212

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b) the student; (

c) a parent of the student; (

d) for a certificate authorizing employment during school hours, the employer of the student.

(6) An employer named in a certificate authorizing employment must notify the regional executive director of the regional centre within 5 days if the student does not work for the employer or ceases to work for the employer before the student’s 16th birthday.

(7) A student named in a certificate authorizing employment who does not work for the employer or ceases to work for the employer while still under 16 years of age must return to school and attend school as required by the Act and its regulations. International student program 8

(1) In this Section, “exchange program” means a reciprocal arrangement approved by the Minister whereby an international student attends a public school and a Nova Scotia student attends a school outside Canada; “international student” means a person who enters Canada with the purpose of attending a public school, but does not include any of the following: (

i) a person who is a Convention refugee or whose claim to Convention refugee status has been referred to the Refugee Protection Division as described in the Immigration and Refugee Protection Act (Canada), (ii) a person admitted to Canada under order of the Minister of Immigration, Refugees and Citizenship for Canada; (iii) a Canadian citizen, or a permanent resident of Canada as defined in the Immigration and Refugee Protection Act (Canada); (iv) a dependent of a properly accredited diplomat, consular officer, representative or official of the United Nations or any of its agencies, if the United Nations diplomat, consular officer, representative or official is residing in the Province; (

v) a dependent of a representative of a foreign government sent by that government to take up duties with a provincial or federal agency under an exchange agreement with Canada; (vi) a dependent of a person in possession of a valid and subsisting student authorization, (vii) a person who enters Canada under an exchange program; “international student program” means a program of courses designed to be provided by a regional centre to international students at a cost to the international students, in accordance with this Section.

(2) With the approval of the Minister, a regional centre may provide an international student program. © NS Office of the Registrar of Regulations. Web version. 213

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(3) An international student program must consist of the public school program, courses approved in accordance with the public school program, and integration and settlement services, excluding residency services.

(4) A regional executive director requesting approval of an international student program must submit a proposal to the Minister detailing the particulars of the program including the courses, activities and services to be provided for international students, and the estimated costs.

(5) An international student admitted by a regional centre under

Section 7 of the Act must be enrolled in a public school within the school region of the regional centre, in either of the following: (

a) the public school program; (

b) an international student program.

(6) A regional centre that admits an international student in accordance with subsection (5) may charge the international student a fee as determined by the Minister.

Transportation of students 9 A regional centre must provide for the transportation of students within its school region, either by providing the service itself or arranging for a person to provide the service, if 1 of the following applies and the regional centre determines that transportation of the students is necessary: (a) 1 or more students reside more than 3.6 km from the school to which they are to be transported; (b) 1 or more students, because of special needs, require transportation irrespective of the distance.

Paying for the boarding of students 10 A regional centre must pay for the boarding of a student attending a school if all of the following apply: (

a) the school is a public school; (

b) the regional centre approved the student’s enrollment at the school; (

c) the regional centre considers it impracticable to convey the student to the school that the student would normally attend or in which the student is enrolled; (

d) the regional centre considers the boarding costs to be reasonable. Adult education programs 11

(1) A regional centre may provide adult education programs that have as their purpose 1 or more of the following: (

a) to provide adult basic education; (

b) to provide academic upgrading and public school program credit courses; (

c) to provide vocational and technical upgrading; (

d) to provide programs of instruction in English as a second language or French as a second language; © NS Office of the Registrar of Regulations. Web version. 214

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e) to provide continuing education programs and courses.

(2) A regional centre may provide for awarding appropriate credits, certificates, diplomas or other recognition of skill or accomplishment in programs as approved by the Minister.

(3) A regional centre may appoint 1 or more individuals to administer an adult education program, including, if the program includes them, organizing and supervising continuing education programs and courses. Teaching aids and materials 12 A regional centre must provide teaching aids, materials and supplies, and repair and maintain equipment required to conduct the public school program and related services in classrooms, school libraries, laboratories, music rooms, audio-visual rooms, gymnasiums and auditoriums, and other areas in which the program or portions of the program are conducted. School Buildings and Site Selection Evaluating and reporting on state of buildings and equipment 13

(1) A regional centre must, at least annually, determine whether the buildings used for school purposes, and the equipment in them, are adequate to provide for the students to be enrolled in the ensuing school year or years.

(2) Each regional executive director must report at least annually to the Minister (

a) the extent to which it is necessary to erect, acquire, purchase, alter, add to, improve, furnish or equip buildings, or to acquire land, for school purposes or barrier-free access; (

b) the extent to which the cost may be provided from the regional centre’s annual budget for capital expenditure, repair and renovation, including any accumulated surplus. Construction of school by Province 14

(1) In this Section, “existing site” means the site of an existing public school building being replaced.

(2) Subject to subsection (3), after receiving approval from the Minister in principle of a capital project for the construction of a new public school building by the Province, a regional executive director must (

a) recommend 3 proposed sites for the building to the Minister; or (

b) if unable to recommend 3 proposed sites for the building under clause (a), recommend fewer than 3 sites and submit to the Minister in writing the reasons why it [the regional executive director] is unable to recommend 3 proposed sites.

(3) If a new public school building is replacing 1 or more existing public school buildings, a regional executive director’s recommendation under subsection (2) must include (

a) a recommendation for at least 1 of the existing sites; or (

b) if not recommending at least 1 of the existing sites under clause (a), written reasons why the regional executive director does not recommend any of the existing sites. © NS Office of the Registrar of Regulations. Web version. 215

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(4) On receipt of a regional executive director’s site recommendations for a new public school building, the Minister may do 1 of the following: (

a) if at least 1 of the existing sites is included in the recommendations in accordance with clause (3)(a), (

i) accept the 3 sites recommended, or (ii) if fewer than 3 sites are recommended, (

A) accept the reasons provided by the regional executive director under clause (2)(

b) for not recommending 3 sites, and accept the sites recommended, or (

B) reject the reasons provided by the regional executive director under clause (2)(

b) for not recommending 3 sites, and request that the regional executive director recommend 3 sites required as required by clause (2)(a); (

b) if at least 1 existing site is not included in the recommendation in accordance with clause (3)(b), (

i) accept the reasons provided by the regional executive director under clause (3)(

b) for not including at least 1 of the existing sites, and either (

A) accept the 3 sites recommended, or (

B) if fewer than 3 sites are recommended, (

I) accept the reasons provided by the regional executive director under clause (2)(

b) for not recommending 3 sites, and accept the sites recommended, or (II) reject the reasons provided by the regional executive director under clause (2)(

b) for not recommending 3 sites, and request that the regional executive director recommend 3 sites as required by clause (2)(a), or (ii) reject the reasons provided by the regional executive director under clause (3)(

b) for not including ast [at] least 1 of the existing sites, and request that the regional executive director include at least 1 of the existing sites in its [the regional executive director’s] recommendations under subsection (2).

(5) If the Minister accepts a recommendation under subsection (4), the Minister must refer the recommended sites for a new public school building to the Department of Transportation and Infrastructure Renewal and that department must evaluate the sites and recommend the most appropriate site to the Minister.

(6) If, after its evaluation under subsection (5), the Department of Transportation and Infrastructure Renewal does not recommend any of the sites for a new public school building, the Minister must select a site on the advice of the Department of Transportation Infrastructure Renewal and in consultation with the regional executive director. Construction of school by private sector developer 15

(1) In this Section, © NS Office of the Registrar of Regulations. Web version. 216

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Part II - Regulations Vol. 42, No. 8 “private sector developer” means a person, or association of persons, including a joint venture or a limited partnership, other than the Province or an education entity, who agrees with the Province to construct a school.

(2) If the Minister considers it advisable to have a school under the jurisdiction of a regional centre constructed by a private sector developer, (

a) the Minister must notify the regional executive director of the approval in principle of a capital project involving the acquisition of land; (

b) the regional executive director must, upon receipt from the Minister of approval in principle, recommend 3 proposed sites for the project; (

c) the private sector developer must inspect the sites and, with the agreement of the regional executive director, recommend the most appropriate site to the Minister; and (

d) the Minister must decide whether to accept the recommendation.

(3) If the Minister accepts a recommendation from a private sector developer under subsection (2), the Minister must select the recommended site.

(4) If the Minister does not accept a recommendation from a private sector developer under subsection (2) but still considers it advisable to have a school constructed by a private sector developer, the site recommendation and decision process must be repeated in accordance with this

Section until the Minister selects a recommended site or the Minister no longer considers it advisable to have a school constructed by a private sector developer.

Professional Instructional Staff of Education Entities Assigning teacher for course 16 Each education entity must, subject to any agreements between the education entity and the Nova Scotia Teachers’ Union under the Teachers’ Collective Bargaining Act, assign, for a course prescribed in the public school program and for each additional course or service provided by the education entity, a teacher holding a teacher’s certificate or teacher’s permit issued under the Act.

Department heads 17 If at least 4 teachers are teaching at least 60% of teaching time in the subject, an education entity may appoint a Department Head for any of the following subjects: business education, English, French, student services, family studies, industrial arts technology, fine arts, mathematics, modern and classical languages, music, physical education, science, social studies. Teacher professional development 18

(1) Every teacher who has a probationary or permanent contract with an education entity must (

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

b) maintain, and submit annually on or before September 30 of each year, a professional development profile.

(2) An education entity must include the teacher’s professional development profile in the teacher’s personnel file. © NS Office of the Registrar of Regulations. Web version. 217

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Part II - Regulations Vol. 42, No. 8 Nova Scotia Instructional Leadership Program 19

(1) In this Section, “Nova Scotia Instructional Leadership Program” means the instructional leadership program provided by the Minister under clause 10(

k) of the Act.

(2) The Nova Scotia Instructional Leadership Program must include all of the following: (

a) at least 6 courses, each of which must include at least 36 hours of classroom instruction and 36 hours of inquiry-based practice; (

b) instruction in best practices in all of the following: (

i) instruction and assessment, (ii) instructional design, (iii) coaching and supervision skills, (iv) using data for instructional and school improvement, (

v) developing a community of practice. Teaching Service Application of Sections 21 to 26 20 Sections 21 to 26 do not apply to a substitute teacher. Teaching service days during period when school closed 21

(1) For the purpose of determining the service of a member of the instructional staff in any school year, the following periods are reckoned as days taught, and a teacher must not suffer a loss in salary if the teacher does not teach on a school day when a school is closed by (

a) an order of the Minister or the Minister’s representative; (

b) an order of an education entity or its representative in consultation with the Department; (

c) an order of another proper authority made (

i) under a statute of the Legislature or its regulations, or (ii) as a result of a declaration by Her Majesty the Queen, the Governor General or the Lieutenant Governor.

(2) Failure of an education entity to consult the Department under clause (1)(

b) must not result in a loss of salary or benefits to a teacher if the school is closed by order of the education entity. Teaching service days during period when teacher absent with education entity approval 22 For the purpose of determining the service of a member of the instructional staff in any school year, the following periods are reckoned as days taught, and a teacher must not suffer a loss in salary if the teacher does not teach on a school day when absent with the approval of the education entity (

a) because the teacher is attending meetings called at the direction of the Minister; © NS Office of the Registrar of Regulations. Web version. 218

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b) for no longer than 2 days while attending a professional conference or institute or meeting not called at the direction of the Minister, but only if the professional conference or institute or meeting has the approval of the Director of Regional Education Services; (

c) because the teacher is attending meetings of government-appointed committees or commissions; (

d) when the teacher is acting in an official capacity as a representative of the Nova Scotia Teachers’ Union, but only if reasonable notice is given by the teacher, and, if operational requirements permit, the education entity must not unreasonably withhold its approval; (

e) because the teacher is writing examinations to improve the teacher’s professional status; (

f) because the teacher is engaged in part-time employment with the Province in a professional capacity; (

g) because the teacher is attending convocation exercises, if the teacher is included in the graduation list; (

h) because the teacher is a witness before a quasi-judicial body, but only if reasonable notice is given by the teacher, and, if operational requirements permit, the education entity must not unreasonably withhold its approval; (

i) because the teacher is conducting in-service programs; (

j) for no longer than 5 days in any school year, if the teacher is absent because of a death or serious illness in the teacher’s immediate family or the immediate family of the teacher’s spouse; (

k) because the teacher is attending education conferences outside the Province. Teaching service days during other periods when teacher absent 23

(1) For the purpose of determining the service of a member of the instructional staff in any school year, the following periods are reckoned as days taught, and a teacher must not suffer a loss in salary if the teacher does not teach on a school day when the teacher is absent (

a) because the teacher has been placed in quarantine, or another situation in which the teacher is advised by a medical practitioner or medical officer to leave the teacher’s teaching duties and leave is not provided under any sick leave or other leave provisions; (

b) on a day of a civic, town, municipal, Provincial, or federal election when time for voting is required by the teacher because the teacher’s name is on the voters’ list of a polling district other than the one in which the teacher teaches and the teacher cannot reasonably vote after school hours; (

c) because the teacher is on jury duty or a witness before a judicial body; (

d) because the teacher is attending to the teacher’s official duties as a member of the Board of Governors, Senate, or Academic Council of an approved university or college in Nova Scotia; (

e) subject to subsections (2) and (3), for no longer than the total number of consecutive teaching days in a period of 2 school years from the date of an injury during which the teacher is on leave and does not teach because the teacher was injured in the performance of their duties, © NS Office of the Registrar of Regulations. Web version. 219

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Part II - Regulations Vol. 42, No. 8 those duties having been approved by an education entity or its representative, and the teacher furnishes the board with a medical certificate that the teacher is unable to teach during this period.

(2) The amount of salary payable to a teacher for days reckoned under clause (1)(

e) as days taught is reduced by any amount paid to the teacher under any disability or liability insurance settlement towards which the education entity contributes premiums. (3) Clause (1)(

e) ceases to be effective and the teacher is disqualified from further salary benefits under that clause if, during the leave, the teacher engages in other remunerative employment without the approval of the education entity.

(4) A teacher to whom clause (1)(

e) applies who is unable to resume teaching duties after the 2-year period referred to in that clause is entitled to use sick leave entitlement.

(5) For the purposes of clauses (1)(

a) and (e), an education entity may require a teacher to be examined by a medical practitioner agreeable to both the teacher and the education entity. Teaching service days during sick leave 24

(1) Subject to subsection (2), for the purpose of determining the service of a member of the instructional staff in any school year, school days on which a teacher is absent and does not teach because of the illness of the teacher are reckoned as days taught, and a teacher must not suffer a loss in salary for being absent on those days.

(2) Reckoning the number of days taught for a teacher who is absent because of illness as described in subsection (1) is subject to the following: (

a) except as provided in clause (c), no more than 20 days may be reckoned as days taught; (

b) if a teacher is employed full time for a period that is stated to be less than a school year, the number of days reckoned as days taught must not exceed the proportion of 20 days that is equal to the proportion that the number of days contracted to be taught bears to the number of days in the school year; (

c) despite clauses (

a) and (b), if an education entity has in effect a cumulative sick leave plan that has been approved by the Minister, any time not exceeding the number of days in a school year that a teacher does not teach while on sick leave under the plan are reckoned as days taught. Teaching service days during paternity leave 25 For the purpose of determining the service of a member of the instructional staff in any school year, the following periods are reckoned as days taught, and a male teacher must not suffer a loss in salary if the teacher does not teach when absent on the occasion of the birth of his child (

a) for 1 school day or less; or (

b) for 2 periods on separate school days totalling no more than 1 day. Teaching service days during adoption leave 26

(1) For the purpose of determining the service of a member of the instructional staff in any school year, the following periods are reckoned as days taught, and a teacher who is an adoptive parent must not suffer a loss in salary if the teacher does not teach for no more than 5 school days © NS Office of the Registrar of Regulations. Web version. 220

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a) at the beginning of the period in which an adopted child who is not eligible to attend school comes into full care of the teacher; or (

b) during a period when both adoptive parents are required to be present as a condition of adoption.

(2) If both parents of an adopted child are teachers, subsection (1) applies to only 1 of the parents, except that a period of no longer than 1 day or 2 half days may be claimed by the other parent when both parents are required to be present as a condition of adoption. Experience included in public school service 27

(1) For the purpose of computing the experience of a teacher to determine the salary applicable to the teacher under the provisions of a collective agreement between the Minister and the Nova Scotia Teachers’ Union, the following is considered service in the public schools: (

a) all service recognized under Sections 21 to 25 and subsection 26(1); (

b) service as a substitute teacher; (

c) service by a person holding a teacher’s certificate and who is employed by an education entity under a probationary, permanent or term contract under a collective agreement between the Minister and the Nova Scotia Teachers’ Union; (

d) time spent on active service by a certified teacher as a member of the armed forces of Her Majesty or of an ally of Her Majesty or as a member of a Special Force of the United Nations; (

e) time spent as a teacher in the Nova Scotia Residential Centre, Truro, or the Shelburne Youth Centre, Shelburne, or in a resource centre established and operated pursuant to the Atlantic Provinces Special Education Authority Act , the Halifax School for the Blind, the School for the Deaf, Halifax, or the Interprovincial School for the Education of the Deaf; (

f) service as a teacher in public schools in any part of the Commonwealth outside the Province; (

g) service as a teacher in public schools recognized by the Minister that are outside the Commonwealth; (

h) service as a teacher or instructor in an educational institution approved by the Minister and operated by the Government of New Brunswick, the Government of Prince Edward Island or the Government of Newfoundland and Labrador to the extent that similar service in an educational institution operated by the Government of the Province is recognized for salary purposes in the Province of New Brunswick, Province of Prince Edward Island or Province of Newfoundland and Labrador; (

i) service as an instructor in a university recognized by the Minister in any part of the Commonwealth, or in any country under a plan approved by the Government of Canada; (

j) effective on and after July 31, 1974, service in the Province of Ontario as a teacher or instructor in a community college or college of applied arts and technology recognized by the Minister; (

k) a period of no longer than 2 years during which a person holding a teacher’s certificate was absent from teaching before August 1, 1972, for the purpose of taking additional study or training of a duration of at least 1 academic year or the equivalent in each year, in subjects © NS Office of the Registrar of Regulations. Web version. 221

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Part II - Regulations Vol. 42, No. 8 related to education, but only if, in the judgment of the Minister, the person completed the study and training in a satisfactory manner; (

l) a period of no longer than 2 years during which a person holding a teacher’s certificate and who was employed by an education entity for at least 1 year, is absent from teaching (

i) as a result of a medical examination prescribed under these regulations, or (ii) for the purpose of taking additional study or training of a duration of at least 1 academic year or the equivalent in each year, in subjects related to education, but only if, in the judgement of the Minister, the person completed the study and training in a satisfactory manner; (

m) service in the public service of the Province as a teacher or in a professional capacity related to education; (

n) no more than 10 years of service as a teacher in a private school approved by the Minister, but only if the teacher, while teaching in the private school, held a teacher’s certificate or subsequently obtained a teacher’s certificate; (

o) no more than 2 years of service as a teacher under an arrangement with Canadian University Service Overseas, but only if (

i) the teacher, while teaching under the arrangement, held or was qualified to hold a teacher’s certificate, and (ii) the teaching employment is certified in a manner satisfactory to the Minister; (

p) service in the employ of the Nova Scotia Teachers’ Union as a full-time paid officer of the Union; (

q) time during which a teacher, with the consent of an education entity, attends and actively participates in a national sports competition in Canada, a Commonwealth sports competition or an international sports competition, if the teacher was selected by a duly constituted and recognized Provincial or national sports governing body to represent the Province or Canada in the sports competition as a member of an official delegation; (

r) time during which a teacher is absent from teaching duties while attending to official duties as a member of the House of Assembly, an education entity, or the council of a municipality, city or town; (

s) a period of no longer than 4 weeks when a teacher is absent immediately following an absence described in clause 26(1)(a).

(2) In clauses (1)(

f) and (g), “public schools” means primary or secondary schools established and maintained at public expense as part of a system of free public education.

(3) For the purpose of computing the experience of a teacher in order to determine the salary applicable to the teacher only for the salary period beginning August 1, 2003, under the provisions of a collective agreement between the Minister and the Nova Scotia Teachers’ Union, service before and after August 1, 2003, as an instructor holding a teacher’s certificate in an adult high school in the Province that continuously offered a Nova Scotia High School Graduation Diploma or a Nova © NS Office of the Registrar of Regulations. Web version. 222

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Part II - Regulations Vol. 42, No. 8 Scotia High School Graduation Diploma for Adults during the period of service, is considered service in the public schools.

(4) To determine a teacher’s experience for salary increments for a school year, the teacher’s total service as of August 1 of the academic school year in which the teacher applied for the recognition of service and submitted all of the required documentation must be taken and must not be revised until the beginning of the next academic school year.

(5) Despite subsection (4), if a teacher with partial years’ service completes the requirements as set forth in subsections (7) or (8) before January 1 of any school year, the teacher may apply in writing to the Department for revision for increment purposes effective January 1 and, if the requirements are met, the teacher may apply annually for this revision.

(6) If the total number of days taught by a teacher and reckoned as taught under this

Section is equal to at least 175 days in the period January 1 to December 31, 1981, and in any calendar year after that, and the teacher is not eligible to receive a salary increment in August of the same calendar year, this service is deemed to be a whole year for increment purposes and upon application in each year the teacher is eligible for an increment revision effective January 1 in the next calendar year.

(7) In computing the number of years of a teacher’s service, any school year before August 1, 1958, in which the teacher was engaged in teaching for 180 days or more, including days deemed as claimable days, counts as 1 school year, but if a teacher was engaged in teaching for less than 180 days, including days deemed claimable days in 2 or more years, the number of school years that may be counted is the whole number in the quotient of the total number of days on which the teacher was so engaged in such years, divided by the prescribed number of days in the school year in which the service was rendered.

(8) In computing the number of years of a teacher’s service for the purpose of these regulations, any school year beginning on or after August 1, 1958 in which the teacher was engaged in teaching for 175 days or more, including days reckoned under this Section, counts as 1 school year, but if a teacher is or has been engaged in teaching for less than 175 days, including days reckoned under this Section, in any years of 2 or more school years beginning on or after August 1, 1958, the number of school years that may be counted is the whole number in the quotient of the total number of days on which the teacher was so engaged in such years, divided by the number of days constituting a school year under the regulations of the Minister in the school year or years in which the teacher was so engaged.

Number of hours deemed teaching or service day 28

(1) For a person engaged otherwise than full time as a teacher, 4 hours of teaching or providing services is deemed to constitute a day of teaching or providing service.

(2) Despite subsection (1), if a person engaged otherwise than full time as a teacher provides teaching or services for more than 4 hours on any day, the additional time is not deemed to constitute teaching time or time providing service on any other day. Determining number of consecutive school days taught by substitute teacher 29 A day on which school has been closed by order of the Minister, an education entity or its representative, or another proper authority, is deemed to be a school day for the purpose of determining the number of consecutive school days taught by a substitute teacher. © NS Office of the Registrar of Regulations. Web version. 223

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Part II - Regulations Vol. 42, No. 8 Salary for substitute teacher on school closure day 30 If a substitute teacher is engaged by an education entity or on behalf of an education entity attends a school and, without notice to the substitute teacher, the school is closed because of weather conditions or another unforeseen cause, the substitute teacher must be paid one-half of a day’s salary. Home Education

Definitions for Act 31

(1) In clause 83(4)(

a) of the Act, “standardized test” means a nationally or internationally recognized achievement test given under standard conditions to measure the level of academic achievement of individual students.

(2) In clause 83(4)(

b) of the Act, “qualified assessor” means a person, other than a parent of the child whose educational progress is being assessed, whose area of expertise relating to assessing educational progress includes students within the age range of the child and who is (

a) a teacher; (

b) a person holding a teacher’s certificate issued by the Minister; or (

c) a faculty member of an education faculty of a university in the Province that trains teachers,

(3) In clause 83(4)(

c) of the Act, “portfolio of the child’s work” means a representative, multi-curricula selection of the child’s work performed over a period of time, selected for the purpose of assisting the Minister in assessing the child’s progress and achievement.

(4) In subsection 83(5) of the Act, “independent assessor” has the same meaning as “qualified assessor” as defined in subsection (2). Registering child for home education 32

(1) A parent providing a home education program who registers a child for each school academic year with the Minister under clause 83(2)(

a) of the Act, must, (

a) if registering the child for a full school academic year, submit the registration to the Minister on or before September 20 of the school academic year in which the parent wishes to provide the program; or (

b) if registering the child for less than the full school academic year, submit the registration to the Minister before beginning the home education program.

(2) A registration submitted under subsection (1) must be in a form approved by the Minister and must include, (

a) if the child has previous public school experience, the last grade level attained; (

b) if the child has previous home education experience, the program level of achievement and estimated equivalent public school grade level; and (

c) identification of the proposed home education program. Reporting child’s home education progress 33 A progress report required by clause 83(2)(

b) of the Act to be submitted by the parent of a child in a home education program must be provided to the Minister © NS Office of the Registrar of Regulations. Web version. 224

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a) at least once a year in June of the school academic year in which the child takes the home education program; and (

b) in a manner consistent with the type of program provided and that accurately reflects the child’s progress. Administering assessment instrument 34 An assessment instrument authorized by the Minister through which a child in a home education program is assessed under subsection 83(6) of the Act must be (

a) administered to the child by an education entity at the same time and under the same conditions as it is administered to public school students; and (

b) taken by the child with age-alike or grade-alike public school students. Private Schools Applying for recognition of private school program of studies 35

(1) A private school applying to have the school’s program of studies recognized by the Minister under

Section 87 of the Act as meeting the requirements for a high school leaving certificate must submit all of the following information to the Minister: (

a) the name of the persons or body owning the school; (

b) the name of the school; (

c) the location of the school; (

d) the names of the operators of the school; and (

e) the number of students enrolled in the school on September 30 of the year the application is made.

(2) An application for recognition of a private school program must be made on or before October 31 of the school year preceding the school year for which the application is made. Application must include detailed description of program 36 An application for recognition of a private school program under

Section 87 of the Act must include a detailed description of its program of studies, including all of the following: (

a) a description of the compulsory and elective courses offered from the public school program; (

b) a description of courses offered that are different from the courses set out in the public school program; (

c) a description of how the compulsory and elective credit requirements specified in the public school program are met by the private school’s program of studies. Minister may recognize private school courses 37

(1) The Minister may, at the request of a private school, recognize courses offered by a private school that are different from the courses offered in the public school program. © NS Office of the Registrar of Regulations. Web version. 225

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(2) A private school that requests recognition of its courses under this

Section must provide all of the following information to the Minister: (

a) a statement of the philosophy, outcomes, content, scope and sequence of each course; (

b) the list of major learning resources for each course approved by the governing body of the school; (

c) a description of how the courses contribute to the public school program high school leaving requirements; (

d) the number of hours of instruction for each course; (

e) Provincial course coding equivalents for all courses and programs; (

f) an outline of instructional strategies used; (

g) an outline of evaluation strategies and procedures. Minister’s considerations 38 In determining whether to recognize the program of studies of a private school, the Minister may consider (

a) whether the compulsory and elective courses from the public school program offered by the private school meet the requirements for a high school leaving certificate; (

b) whether the courses referred to in

Section 37 are reasonably equivalent to the compulsory and elective courses from the public school program that meet the requirements for a high school leaving certificate; (

c) whether the qualifications of the teachers of the courses are to the satisfaction of the Minister in accordance with

Section 41. Term of recognition of private school program 39

(1) Recognition by the Minister of a private school’s program of studies is valid for a term as determined by the Minister, which must not exceed 3 years.

(2) A private school may reapply to the Minister for recognition of its program of studies.

(3) A reapplication under subsection (2) must not be made sooner than 6 months before or later than 5 months before the end of the term of the recognition. Private school records required 40

(1) A private school that receives recognition under

Section 87 of the Act must keep records of student enrolment and student progress and any other statistical information required by the Minister in a form acceptable to the Minister.

(2) A student record in a private school means the Student Cumulative Record Card or an equivalent approved by the Minister.

(3) Student records kept by a private school must be maintained and not destroyed. © NS Office of the Registrar of Regulations. Web version. 226

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Part II - Regulations Vol. 42, No. 8 Qualifications of private school teachers 41 A private school making an application for recognition under

Section 87 of the Act must demonstrate, to the satisfaction of the Minister, that each teacher assigned to teach the high school program of studies at the school (

a) is eligible for teacher certification in Nova Scotia; (

b) holds a teacher’s certificate from another Canadian jurisdiction; or (

c) has subject matter and pedagogical expertise satisfactory to the Minister. Attendance at private school 42 A child enrolled in a private school must attend the school during the time required by the rules and regulations of the school. Designated Special Education Private Schools

Definitions 43 In this

Section and Sections 44 to 46, “adaptations plan”, in respect of a student, means a documented plan for achieving the curriculum outcomes of the public school program that accommodates the specific learning needs of the student; “designated special education private school” means a special education private school designated under

Section 44 or continued under

Section 45; “funded student” means a student for whom a funding unit has been granted under subsection 56(1); “funded student’s education entity” means the regional centre with jurisdiction over the school region in which a parent of a funded student resides on September 30 in a school year or, in the case of the child of an entitled parent enrolled in the French-first language program, the Conseil; “funding unit” means an amount of money (

i) calculated in accordance with

Section 57, and (ii) payable for tuition fees for a school year at a designated special education private school or a registered special education private school; “individualized program plan”, in respect of a student for whom the curriculum outcomes of the public school program are not applicable or attainable, means a documented plan for achieving annual and specific individualized outcomes instead of the curriculum outcomes of the public school program that accommodates the learning strengths and challenges of the student; “extra-Provincial private educational institution” means an educational institution that is located outside of the Province and is not publicly funded; [Definition order as in original.] “registered special education private school” means a special education private school registered under

Section 49; © NS Office of the Registrar of Regulations. Web version. 227

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Part II - Regulations Vol. 42, No. 8 “resident” means a person who resides in the Province as a Canadian citizen or permanent resident as defined by the Immigration and Refugee Protection Act (Canada); “Reviewer” means the Reviewer appointed under subsection 53(1) to review applications for funding units or supplements under these regulations; “student with special needs” means a student with attention deficit hyperactivity disorder (ADHD), autism spectrum disorder (ASD) or a learning disability (LD), as diagnosed by 1 of the following: (

i) a licensed physician, (ii) a registered psychologist or candidate registered psychologist with expertise and training in making the diagnosis; “special education private school” means a private school or extra-Provincial private educational institution that offers and delivers educational programs and services to meet the needs of students with special needs only, and includes a natural person, an association of natural persons, a partnership or a corporation; [Definition order as in original.] “supplement” means an amount of money, calculated in accordance with

Section 60, that is payable in addition to a funding unit for tuition fees for a school year at a designated special education private school or a registered special education private school; “transition plan”, in respect of a student, means a documented plan for achieving annual and specific individualized outcomes to enable the student to transition from a designated special education private school or a registered special education private school to a public school or post-secondary educational institution, that accommodates the learning needs of the student; “Tuition Appeal Board” means the Tuition Appeal Board appointed under subsection 65(1) to hear appeals of decisions in accordance with

Section 66; “tuition support funding” means either (

i) a funding unit, or (ii) a funding unit and a supplement. Designation as designated special education private school 44

(1) A private school that is a special education private school that has been in operation for at least 1 year may apply to the Minister, in the manner and form required by the Minister, for designation or renewal of its designation as a designated special education private school.

(2) The Minister may designate a private school that applies under subsection (1) as a designated special education private school if the Minister is satisfied that the school meets all of the following requirements: (

a) each individual employed on the school’s teaching staff (

i) holds a teacher’s certificate issued by the Minister, and (ii) has demonstrated qualifications or competencies to teach students with special needs; © NS Office of the Registrar of Regulations. Web version. 228

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b) the school follows the public school program; (

c) the school has rules and procedures in place for disciplining, suspending and expelling students that incorporate the principles of natural justice and procedural fairness and accord with the policies and procedures made by the Minister; (

d) the school is not insolvent, as defined in subsection (3); (

e) the school maintains the financial security required by the Minister, including a fidelity bond; (

f) the school maintains a general liability insurance policy or other form of indemnification in an amount determined by the Minister and on the terms and conditions determined by the Minister; (

g) the school has measures in place, similar to those followed by education entities, to ensure the safety of students and protect the students from harm from its employees or other students; (

h) the school is not affiliated with a religious faith or denomination, and is either (

i) recognized as a non-profit organization under the Income Tax Act (Canada), or (ii) registered as a charitable organization under the Income Tax Act (Canada).

(3) In clause (2)(d), “insolvent” means any of the following: (

a) unable, for any reason, to meet financial obligations as they become due; (

b) unable to pay financial liabilities in the course of business as those liabilities become due; (

c) unable to meet financial obligations due and accruing because the aggregate of its property (

i) is not, at a fair value, sufficient to pay all the financial obligations that are due or accruing, or (ii) if disposed of at a fairly conducted sale, would not be sufficient to pay all the financial obligations that are due and accruing.

(4) A designation made under this

Section is valid for 2 years unless suspended or revoked under

Section 47. Continuation of designations made before August 15, 2011 45 A private school designated under regulations as a designated special education private school on or before August 15, 2011, is deemed to be designated in accordance with

Section 44 and the designation remains valid until the expiry date of the designation unless suspended or revoked under

Section 47. Refusal of designation 46 The Minister may refuse to designate or renew the designation of a private school that applies under subsection 44(1) for any of the following reasons: (

a) the information supplied in the application is incomplete; (

b) in the Minister’s opinion, the school does not meet the requirements of subsection 44(2). © NS Office of the Registrar of Regulations. Web version. 229

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Part II - Regulations Vol. 42, No. 8 Suspension or revocation of designation 47 The Minister may suspend or revoke a designation of a designated special education private school if, in the Minister’s opinion, the school fails to meet the requirements of

Section 48. Ongoing obligations and monitoring of designated school 48

(1) A private school designated as a designated special education private school must continue to meet the requirements in subsection 44(2) and do all of the following: (

a) at the request of the Minister, provide proof of the school’s compliance with subsection 44(2); (

b) report annually to the Minister on the types of interventions and instructional strategies that the school uses to meet the needs of funded students enrolled at the school; (

c) for each funded student enrolled at the school during a school year, (

i) develop and implement an individualized program plan or an adaptations plan for the school year, (ii) at the end of the school year, provide the Minister with a copy of an annual report for the school year, as set out in subsection (2), (iii) meet with the funded student’s education entity at least 2 times during the school year to explain and share documented evidence of the funded student’s progress and achievements, (iv) conduct provincial assessments and examinations at the request of the Minister; (

d) develop a transition plan with the funded student’s education entity for each funded student who intends to (

i) return to a public school or a publicly funded school the following school year, or (ii) pursue post-secondary studies the following school year.

(2) The annual report required by clause (1)(c)(ii) must include all of the following for the funded student: (

a) a record of academic progress for the school year; (

b) an attendance record for the school year; (

c) an individualized program plan or an adaptations plan for the school year. Application for registration as registered special education private school 49

(1) An extra-Provincial private educational institution that is a special education private school that has been in operation for at least one year may apply to the Minister, in the manner and form determined by the Minister, for registration or renewal of its registration as a registered special education private school.

(2) The Minister may register an extra-Provincial private educational institution that applies under subsection (1) if the Minister is satisfied that the school meets the requirements of clauses 44(2)(

a) to (

h) and all of the following requirements: © NS Office of the Registrar of Regulations. Web version. 230

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a) each individual employed on the school’s teaching staff (

i) holds a teacher’s certificate from the teacher certification authority of the jurisdiction where the extra-Provincial private educational institution is located, and (ii) has demonstrated qualifications or competencies to teach students with special needs; (

b) the school follows the equivalent of the public school program; (

c) the school offers French-first-language programs and services for students with special needs.

(3) A registration made under this

Section is valid for 2 years unless suspended or revoked under

Section 51. Refusal of registration 50 The Minister may refuse to register or renew the registration of an extra-Provincial private educational institution that applies under

Section 49 for any of the following reasons: (

a) the information supplied in the application is incomplete; (

b) in the Minister’s opinion, the applicant does not meet the requirements of subsection 49(2). Suspension or revocation of registration 51 The Minister may suspend or revoke a registration made under

Section 49 if, in the opinion of the Minister, the registered school fails to meet the requirements of

Section 52. Ongoing obligations and monitoring of registered school 52 A registered special education private school must continue to meet the requirements in subsection 49(2) and do all of the following: (

a) at the request of the Minister, provide proof of the school’s compliance with subsection 49(2); (

b) comply with the ongoing requirements for a designated school in subsection 48(1). Reviewer 53

(1) The Minister must appoint a person who has recognized professional qualifications and experience in working with students with special needs to serve as the Reviewer.

(2) The Reviewer holds office for 2 years and may not be reappointed.

(3) The Reviewer may be paid any remuneration and reimbursement of expenses that the Governor in Council determines.

(4) The Reviewer must issue an annual report and provide a copy of the report to the Minister.

(5) If the person appointed as Reviewer resigns office or retires, or if their term of office expires or is terminated, that person maintains jurisdiction as Reviewer over any application, matter or thing required to be determined by the Reviewer, including the power to complete any unfinished matter and give a decision in that matter as if the Reviewer had not resigned or retired or their term of office had not expired or been terminated. © NS Office of the Registrar of Regulations. Web version. 231

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Part II - Regulations Vol. 42, No. 8 Eligibility for applying for funding unit 54

(1) A student is eligible to apply for a funding unit for a school year at a designated special education private school if all of the following criteria are met: (

a) the student is a student with special needs and has received or is offered an individualized program plan for the following school year; (

b) the student was a student at a publicly funded school during a previous school year; (

c) the student has secured a placement at the school any time during the school year for which the funding unit is sought; (

d) on the date of enrolment in the school, (

i) the student is or will be a resident of the Province, and (ii) a parent of the student is or will be a resident of the Province.

(2) A student is eligible to apply for a funding unit for a school year at a registered special education private school if all of the following criteria are met: (

a) the student is a student with special needs and has received or is offered an individualized program plan for the following school year; (

b) the student was a student at a publicly supported school in Canada that offered French-first-language programs and services to the student during a previous school year; (

c) the student has secured a placement at the school any time during the school year for which the funding unit is sought; (

d) on the date the application is made, the student is a resident of the Province; (

e) the student is entitled to be provided a French-first-language program of the Conseil under

Section 12 of the Education (CSAP) Act. Application for funding unit 55

(1) A student who meets the eligibility criteria for a funding unit set out in

Section 54 may apply to the Reviewer for a funding unit on a form prescribed by the Minister.

(2) A completed application for a funding unit must be submitted no later than July 31 of the school year during which the student is enrolled at the designated special education private school or the registered special education private school and for which the funding unit is being sought and must include all of the following: (

a) documented evidence, in a form satisfactory to the Reviewer, that all the eligibility criteria for a funding unit set out in subsection 54(1) or (2) are met; (

b) an outline of the programs and services being offered to the student by the designated special education private school or registered special education private school; (

c) a written rationale prepared by the student explaining how the programs and services referred to in clause (

b) will benefit the student’s academic and behavioural well-being; © NS Office of the Registrar of Regulations. Web version. 232

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d) for a student who has been diagnosed with a learning disability, a psycho-educational assessment of the student completed by a registered psychologist or a candidate registered psychologist.

(3) A parent may apply under subsection (1) on behalf of a student under the age of majority. Review and grant of funding unit 56

(1) On receiving an application for a student under

Section 55, the Reviewer may grant a funding unit for the student.

(2) If the Reviewer grants a funding unit under subsection (1), the Reviewer must notify all of the following: (

a) the funded student; (

b) the designated special education private school or the registered special education private school in which the funded student is enrolled; (

c) the funded student’s education entity; (

d) the Minister.

(3) The Reviewer may refuse to grant a funding unit for any of the following reasons: (

a) in the Reviewer’s opinion, all the applicable eligibility criteria for a funding unit set out in subsection 54(1) or (2) are not met; (

b) the information required by

Section 55 is incomplete; (

c) the Reviewer does not consider the programs and services outlined under clause 55(2)(

b) to be acceptable; (

d) the Reviewer does not consider the rationale prepared under clause 55(2)(

c) to be acceptable.

(4) If the Reviewer refuses to grant a funding unit under subsection (3), the Reviewer must notify the applicant in writing and include with the notice the reasons for the refusal. Calculation of funding unit 57 A funding unit is calculated as the average per student allocation of combined Provincial and municipal funding to education entities for the school year as of March 31 of the previous fiscal year, as determined by the Minister. Application for supplement 58

(1) A funded student may apply to the Reviewer for a supplement for the same school year that their funding unit applies to, on a form prescribed by the Minister.

(2) A complete application for a supplement must be submitted to the Reviewer by no later than July 31 of the school year during which the student is enrolled at the designated special education private school or the registered special education private school and for which the funding unit is being sought and must include sufficient information to satisfy the Reviewer that additional financial assistance is required, considering all the financial resources available to the funded student. © NS Office of the Registrar of Regulations. Web version. 233

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(3) A parent may make an application under subsection (1) on behalf of a student under the age of majority. Review and grant of supplement 59

(1) On receiving an application for a student under

Section 58, the Reviewer may grant a supplement for the student.

(2) If the Reviewer grants a supplement, the Reviewer must notify all of the following: (

a) the funded student; (

b) the designated special education private school or the registered special education private school in which the funded student is enrolled; (

c) the Minister.

(3) The Reviewer may refuse to grant a supplement for any of the following reasons: (

a) the information required by subsection 58(2) is incomplete; (

b) in accordance with guidelines established by the Minister, the Reviewer does not consider that the funded student requires financial assistance in addition to a funding unit.

(4) If the Reviewer refuses to grant a supplement under subsection (3), the Reviewer must notify the applicant in writing and include the reasons for the refusal. Calculation of supplement 60 The Reviewer must calculate the amount of a supplement in accordance with guidelines established by the Minister, but a supplement must be less than the lower of the following amounts: (

a) the amount of the funding unit granted to the funded student; (b) 90% of the tuition fees charged by the designated special education private school or registered special education private school in which the student is enrolled. Reapplying for tuition support funding 61 For greater certainty, a funded student must reapply for tuition support funding under these regulations for each year of funding availability under

Section 62. Maximum tuition support funding availability 62

(1) Except as provided in subsection (2), tuition support funding is available for a maximum of 3 school years.

(2) The Reviewer may grant tuition support funding for a student who applies for a 4th year of tuition support funding if all of the following requirements are met: (

a) the student has been a funded student and meets the requirements for the tuition funding under these regulations; (

b) there is a transition plan in place for the student for the following school year developed by the funded student’s education entity and the designated special education private school or the registered special education private school in which the student is enrolled. © NS Office of the Registrar of Regulations. Web version. 234

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Part II - Regulations Vol. 42, No. 8 Remittance of tuition support funding 63

(1) A designated special education private school or a registered special education private school in which a funded student is enrolled must provide confirmation of the funded student’s enrolment and the tuition support funding invoices to both of the following: (

a) the funded student’s education entity; (

b) the Minister.

(2) The confirmation and invoices required by subsection (1) must be provided by the following deadlines: (

a) for a student who is enrolled on or before September 30 of a school year, by September 30 and March 1 of the school year; (

b) for a student who is enrolled after September 30 of a school year, no later than 30 days after the date of enrolment.

(3) On receiving the confirmation and invoices required by subsection (1), the funded student’s education entity must remit the funding unit for the student to the school as follows: (

a) for a student who is enrolled in the school on or before September 30 of a school year, in the following 2 instalments: (i) 60% of the funding unit must be remitted no later than October 30 of the school year to which it applies, and (ii) the remaining 40% of the funding unit must be remitted no later than April 1 of the school year to which it applies; (

b) for a student who is enrolled in the school after September 30 of a school year, in accordance with the directions of the Minister.

(4) On receiving the confirmation and invoices required by subsection (1), the Minister must remit the supplement for the student to the school. Appointments to Tuition Appeal Board 64

(1) The Governor in Council must appoint a person who has recognized professional qualifications and experience in working with students with special needs to serve as the single adjudicator of the Tuition Appeal Board to hear appeals under

Section 65.

(2) A person appointed to the Tuition Appeal Board under subsection (1) holds office for 3 years and may not be reappointed.

(3) A person appointed to the Tuition Appeal Board may be paid any remuneration and reimbursement of expenses the Governor in Council determines.

(4) If a person appointed as the single adjudicator of the Tuition Appeal Board resigns office or retires, or if their term of office expires or is terminated, that person maintains jurisdiction as the Tuition Appeal Board over any application, matter or thing required to be determined by the Board, including the power to complete any unfinished matter and give a decision in that matter as if the person had not resigned or retired or their term of office had not expired or been terminated. © NS Office of the Registrar of Regulations. Web version. 235

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Part II - Regulations Vol. 42, No. 8 Decisions that may be appealed to the Tuition Appeal Board 65

(1) A student may appeal any of the following decisions made by the Reviewer: (

a) a refusal to grant a funding unit under subsection 56(3); (

b) a refusal to grant a supplement under subsection 59(3); (

c) the amount of a supplement granted under

Section 59 in accordance with

Section 60.

(2) A special education private school may appeal any of the following decisions made by the Minister: (

a) a refusal to designate or renew the designation of the school under

Section 46; (

b) a suspension or revocation of the school’s designation under

Section 47; (

c) a refusal to register or renew the registration of the school under

Section 50; (

d) a suspension or revocation of the school’s registration under

Section 51. Appealing a decision of the Reviewer 66

(1) An appellant must deliver a notice of appeal in writing to the Tuition Appeal Board no later than 30 days after the date of the decision to be appealed.

(2) The Tuition Appeal Board must hold a hearing that provides the appellant with an opportunity to present evidence, including new information, and make representations.

(3) A hearing of an appeal under this

Section is not open to the public.

(4) The Tuition Appeal Board must observe the confidentiality of all documents and records pertaining to an appeal.

(5) The Tuition Appeal Board may do any of the following in deciding an appeal: (

a) confirm the decision appealed from; (

b) vary the decision appealed from; (

c) rescind the decision appealed from. Decisions of the Tuition Appeal Board 67

(1) A decision of the Tuition Appeal Board must be in writing and must include reasons for the decision.

(2) A decision of the Tuition Appeal Board is final and binding.

(3) The Tuition Appeal Board must notify all of the following of any decision: (

a) the appellant; (

b) the Reviewer; (

c) the Minister; © NS Office of the Registrar of Regulations. Web version. 236

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d) for a student’s successful appeal of a decision referred to in clause 65(1)(a), the funded student’s education entity. Public/Private Sector Development and Service Agreements

Definitions 68 For the purposes of this Section,

Section 69 and the Act, “acquire” or “acquired” includes the acquisition by lease, sublease, licence, permit or agreement or in any other manner either with or without payment or other consideration; “convey title” includes conveyance by lease, sublease, licence, permit or agreement either with or without payment or other consideration; “development agreement” means an agreement with a private sector developer pursuant to which the private sector developer, its successors or assigns, agrees to design, finance, plan, engineer, procure, construct, furnish, equip, commission, own or lease any real or personal property for the purposes of a learning centre; “learning centre” means a learning centre (

i) constructed, commissioned or equipped or to be constructed, commissioned or equipped pursuant to a development agreement, or (ii) managed, operated or maintained pursuant to a service agreement, and includes the land on which the learning centre is situate; “private sector developer” means a person or association of persons, including but not limited to a joint venture or limited partnership, other than the Province or an education entity; “school property” includes a learning centre; “service agreement” means an agreement with a private sector developer pursuant to which the private sector developer, its successors or assigns, agrees to manage, operate, maintain, repair or keep safe any real or personal property for the purposes of a learning centre.

Development agreement or service agreement 69

(1) The Minister may, with the approval of the Governor in Council, enter into and carry out a development agreement or a service agreement.

(2) If the Minister enters into a development agreement or a service agreement, an education entity may, upon terms and conditions consistent with the terms and conditions of the development agreement or the service agreement, (

a) acquire all or part of any real or personal property of the learning centre for the purposes of a public school or community facility; (

b) enter into and carry out an agreement with the Minister, a private sector developer or a municipality respecting the use, control, management, operation, maintenance, repair or keeping safe of all or any part of any real or personal property of the learning centre acquired for the purposes of a public school or community facility. © NS Office of the Registrar of Regulations. Web version. 237

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(3) If an education entity acquires property or enters into an agreement under clause (2)(

a) or (b), (

a) the education entity must control the property in accordance with the terms of the acquisition and the agreement with the Minister; and (

b) a regional executive director of the education entity must operate and maintain the buildings, equipment and supplies forming part of the property in accordance with the terms of the acquisition and the agreement with the Minister.

(4) If an education entity acquires property by licence from the Minister under clause (2)(

a) or enters into an agreement with the Minister under clause (2)(b), the licence or agreement must be in the form set out in

Schedule A or to like effect and may contain any other terms and conditions that the Minister considers proper. Compensation Compensation framework for Senior Staff of Regional Centres 70

(1) Senior staff of a regional centre must be compensated in accordance with the “compensation framework” as set out in Sections 71 to 79 and Schedules B and C.

(2) For the purpose this

Section and Sections 77 to 79, “senior staff” is as defined in the Ministerial Education Act Regulations for the applicable regional centre.

(3) In this

Section and Sections 71 to 79, “compa-ratio” means a compa-ratio, expressed as a percentage, in the pay for performance guide chart and the compensation grids; “compensation amount” means a compensation amount, expressed as a dollar amount, specified for a compa-ratio in the compensation grids, and includes any administrative allowance; “compensation grid” means a compensation grid in

Schedule C that sets out the compa-ratios and corresponding compensation amounts for directors and regional executive directors; “member” means a member of a senior staff; “pay for performance guide chart” means the chart set out in

Schedule B that is used to determine pay for performance; “salary” means salary, including any administrative allowance; “Teachers’ Professional Agreement” means a professional agreement between the Minister and the Nova Scotia Teachers’ Union. Compensation amount paid to members under the compensation framework 71 The compensation amount to be paid to a member is the compensation amount that corresponds to the compa-ratio applicable to the member in accordance with the applicable compensation grid and the pay for performance guide chart.

Compa-ratios for members employed on July 31, 2004 72 The compa-ratio for a member employed by a regional centre on July 31, 2004, is the compa-ratio shown in the applicable compensation grid © NS Office of the Registrar of Regulations. Web version. 238

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a) for a compensation amount that is equal to the member’s salary on August 1, 2004; or (

b) for the compensation amount that is immediately higher than the member’s salary on August 1, 2004, if no compensation amount is applicable under clause (a). Compa-ratios for employees appointed as senior staff on or after August 1, 2004 73

(1) The compa-ratio for a person who meets all of the following is determined under subsection (2): (

a) they are appointed as senior staff by a regional centre on or after August 1, 2004; (

b) they hold a teacher’s certificate at the time of their appointment; (

c) they are employed by the appointing regional centre immediately before their appointment.

(2) The compa-ratio for the purpose of subsection (1) is the compa-ratio, shown on the applicable compensation grid, that is the higher of the following: (a) 3% higher than the compa-ratio for the compensation amount closest to the person’s salary immediately before the appointment; (

b) between 80% and 85%, as selected by the Minister.

(3) The compa-ratio for a person who meets all of the following is determined under subsection (4): (

a) they are appointed as senior staff by a regional centre on or after August 1, 2004; (

b) they do not hold a teacher’s certificate at the time of their appointment; (

c) they are employed by the appointing regional centre immediately before their appointment,

(4) The compa-ratio for the purposes of subsection (3) is the compa-ratio, shown on the applicable compensation grid, that is the higher of the following: (a) 3% higher than the compa-ratio for the compensation amount closest to the employee’s salary immediately before applying for the appointment; (

b) between 80% and 85%, as selected by the Minister. Compa-ratios for non-employees appointed as senior staff on or after August 1, 2004 74

(1) The compa-ratio for a person who meets all of the following is determined under subsection (2): (

a) they are appointed as senior staff by a regional centre on or after August 1, 2004; (

b) they hold a teacher’s certificate at the time of their appointment; (

c) they are not employed by the appointing regional centre immediately before their appointment.

(2) The compa-ratio for the purposes of subsection (1) is the compa-ratio, shown on the applicable compensation grid, that is the higher of the following: © NS Office of the Registrar of Regulations. Web version. 239

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a) the compa-ratio for the compensation amount closest to the salary under the Teacher’s Provincial Agreement associated with the person’s class of teacher’s certificate and years of teaching experience; (

b) between 80% and 85%, as selected by the Minister.

(3) The compa-ratio for a person who meets all of the following is the compa-ratio shown on the applicable compensation grid between 80% and 85%, as selected by the Minister: (

a) they are appointed as senior staff by a regional centre on or after August 1, 2004; (

b) they do not hold a teacher’s certificate at the time of their appointment; (

c) they are not employed by the appointing regional centre immediately before their appointment. Compa-ratios for senior staff if employment contracts renewed or extended 75 For greater certainty, the compensation framework applies despite a renewal or extension of a member’s employment contract. Annual progression of senior staff under compensation framework 76

(1) The progression of a member under the compensation framework is determined by (

a) determining the member’s annual performance rating in accordance with regional centre policy or generally accepted performance appraisal practices; and (

b) applying the pay for performance guide chart to the member’s annual performance rating as follows: (

i) select the appropriate percentage increase in compa-ratio from the range identified in the chart for the member’s performance rating and current compa-ratio, (ii) reduce the percentage increase, if necessary, to achieve the maximum compa-ratio of 104%, and (iii) increase the member’s compa-ratio based on the percentage increase determined under subclauses (

i) and (ii).

(2) A re-earnable incentive may be added to a member’s compensation amount in the form of a lump sum payment that is the lesser of a percentage of the compensation amount on the applicable compensation grid for the compa-ratio of 100% that is the lesser of the following: [ sic] (

a) the percentage that was deducted in accordance with the reduction under subclause (1)(b)(ii); (b) 3%. Variances to initial compa-ratio on appointment as a member and to annual progression of members 77

(1) Despite Sections 71, 72, 73, 74 and 76, Minister may grant a variance of the application of any requirement in those Sections to a person if the Minister considers it appropriate after considering the rationale for the variance and the financial and operational costs related to the variance, and any additional matters the Minister considers relevant, including © NS Office of the Registrar of Regulations. Web version. 240

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a) with respect to the application of any requirement of Sections 71 to 74, to the initial placement of a person on the compensation framework, whether a higher compensation amount is necessary (

i) to effect the appointment of a qualified person, or (ii) if the person appointed has qualifications in excess of the minimum requirements for the position; and (

b) with respect to the application of any requirement of Sections 71 and 76 to annual progression of senior staff, whether a higher compensation amount is appropriate for any of the following reasons, or for any other equitable reasons: (

i) to recognize and compensate increased professional qualifications achieved by a member since becoming subject to the compensation framework; or (ii) if applicable, to fulfill the minimum salary amount required under the Teachers’ Provincial Agreement.

(2) A variance granted under subsection (1) may be for any period of time and on any terms and conditions determined by the Minister.

(3) A deviation from, or variance of, the requirements of Sections 71 to 74 and 76, by contract or otherwise, is null and void unless granted in accordance with this Section. Annual review of compensation grids and pay for performance guide chart 78 The Minister must review the compensation grids and pay for performance guide chart on or about August 1 of each year, and at such other times as the Minister considers advisable, for the purpose of recommending amendments to reflect the economic adjustments, if any, granted to management employees in the Nova Scotia Civil Service.

Compa-ratio of senior staff after compensation grids and pay for performance guide chart amended 79 For greater certainty, if a compensation grid or the pay for performance guide chart is amended or replaced, a member retains the compa-ratio of that person before the amendment or replacement until their next performance appraisal. ________________________________________________________________

Schedule A: Learning Centre Licence Agreement This Agreement made the day of , . Between Her Majesty the Queen in Right of the Province of Nova Scotia , represented in this behalf by the Minister of Education [and Early Childhood Development], hereinafter called “the Licensor”, of the first part - and - Education Entity hereinafter called “the Licensee”, of the second part © NS Office of the Registrar of Regulations. Web version. 241

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Part II - Regulations Vol. 42, No. 8 Witnesseth that in consideration of the sum of $1.00 paid by the Licensee to the Licensor, receipt whereof is hereby acknowledged, the Licensor grants to the Licensee a licence to use, manage, operate, maintain, repair and keep safe the real and personal property of the learning centre defined in the service agreement made the day of , between and Her Majesty the Queen in right of the Province of Nova Scotia as represented by the Minister of Education [and Early Childhood Development], a copy of which is attached hereto as

Schedule “A” and that is hereinafter referred to as the “Service Agreement”. The use, management, operation, maintenance, repair and keeping safe of the learning centre by the Licensee shall coincide with the Licensor’s rights and responsibilities under the Service Agreement that are hereinafter delegated by the Licensor to the Licensee and shall be otherwise subject to and in accordance with the provisions of the Service Agreement. The Licensor hereby delegates to the Licensee the following rights and responsibilities of the Licensor under the Service Agreement: The term of this Agreement shall coincide with the term of the Service Agreement and any renewal thereof.

In witness whereof the parties have executed this Agreement the day and year first above written. Signed, sealed and delivered ) in the presence of ) ) Her Majesty the Queen in Right of ) the Province of Nova Scotia ) represented by the Minister of ) Education and Early Childhood Development ) _________________________________ ) ________________________________________ ) Minister of Education and Early ) Childhood Development ) ) ) ) ) _________________________________ ) ________________________________________ ) Education Entity © NS Office of the Registrar of Regulations. Web version. 242

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Schedule B: Pay for Performance Guide Chart Performance Rating Current Compa-ratio 80% to 89% Current Compa-ratio 90% to 103% Current Compa-ratio 104% 5 up to 6% increase up to 5% increase up to 3% 4 up to 5% increase up to 4% increase up to 2% 3 up to 4% increase up to 3% increase up to 1% 2 0% increase 0% increase 0% 1 0% increase 0% increase 0% ________________________________________________________________

Schedule C: Compensation Grids effective 01-Aug-14 Grid 1 - Compensation Grid for Directors Compa-ratio Compensation amount 80% $94,271 81% $95,450 82% $96,628 83% $97,807 84% $98,985 Compa-ratio Compensation amount 85% $100,163 86% $101,342 87% $102,520 88% $103,699 89% $104,877 Compa-ratio Compensation amount 90% $106,055 91% $107,234 92% $108,412 93% $109,590 94% $110,769 Compa-ratio Compensation amount 95% $111,947 96% $113,126 97% $114,304 98% $115,482 99% $116,661 Compa-ratio Compensation amount 100% $117,839 101% $119,018 102% $120,196 103% $121,374 104% $122,553 Grid 2 - Compensation Grid for Regional Executive Directors Compa-ratio Compensation amount 80% $120,958 81% $122,470 82% $123,982 83% $125,494 84% $127,006 Compa-ratio Compensation amount 85% $128,518 86% $130,030 87% $131,542 88% $133,054 89% $134,566 Compa-ratio Compensation amount 90% $136,078 91% $137,590 92% $139,102 93% $140,614 94% $142,126 Compa-ratio Compensation amount 95% $143,638 96% $145,150 97% $146,662 98% $148,174 99% $149,686 Compa-ratio Compensation amount 100% $151,198 101% $152,710 102% $154,222 103% $155,734 104% $157,246 © NS Office of the Registrar of Regulations.

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Part II - Regulations Vol. 42, No. 8 N.S. Reg. 51/2018 Regional Centres for Education Regulations

Schedule “B” Regulations Respecting Regional Centres for Education and Designation of School Regions made by the Governor in Council under

Section 98 of

Schedule A, the Education Act, to

Chapter 1 of the Acts of 2018, the Education Reform

(2018) Act Citation 1 These regulations may be cited as the Regional Centres for Education Regulations .

Definitions 2 In these regulations, “Act” means the Education Act; “Regional School Board” means a regional school board that dissolved upon the coming into force of

Section 99 of the Act. Names of regional centres and school regions 3 The following geographic areas are designated as school regions to be served by a regional centre for education constituted under

Section 54 of the Act, under the corresponding designated name: Name of Regional Centre for Education School Region Annapolis Valley Regional Centre for Education the geographic area served by the former Annapolis Valley Regional School Board, consisting of the counties of Annapolis and Kings and the District of West Hants Cape Breton-Victoria Regional Centre for Education the geographic area served by the former Cape Breton-Victoria Regional School board consisting of the Cape Breton Regional Municipality and the County of Victoria Chignecto-Central Regional Centre for Education the geographic area served by the former Chignecto-Central Regional School Board, consisting of the counties of Colchester, Cumberland and Pictou and the District of East Hants Halifax Regional Centre for Education the geographic area served by the former Halifax Regional School Board consisting of the Halifax Regional Municipality South Shore Regional Centre for Education the geographic area served by the former South Shore Regional School Board consisting of the counties of Lunenburg and Queens © NS Office of the Registrar of Regulations.

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Part II - Regulations Vol. 42, No. 8 Strait Regional Centre for Education the geographic area served by the former Strait Regional School Board consisting of the counties of Antigonish, Guysborough, Inverness and Richmond Tri-County Regional Centre for Education the geographic area served by the former Tri- County Regional School Board consisting of the counties of Digby, Shelburne and Yarmouth N.S. Reg. 52/2018 Teacher Certification Regulations

Schedule “C” Regulations Respecting Teacher Certification made by the Governor in Council under

Section 98 of

Schedule A, the Education Act, to

Chapter 1 of the Acts of 2018, the Education Reform

(2018) Act Citation 1 These regulations may be cited as the Teacher Certification Regulations .

Definitions 2

(1) In these regulations, “Act” means the Education Act; “approved” means approved by the Minister except where otherwise specified. “certificate program” means a program of studies relating to public education consisting of at least 5 full university courses, any of which may be at the undergraduate or graduate level, or the approved equivalent, that are developed as an in-service experience for teachers, designed by or with a university, including credit courses in either or both of the following: (

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

i) a graduate diploma, (ii) a masters degree in (

A) education, or (

B) a teachable subject, as defined in the public school program, or (iii) a doctoral degree from a recognized university; © NS Office of the Registrar of Regulations. Web version. 245

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Part II - Regulations Vol. 42, No. 8 “discipline” means a course of studies taught in public schools in the Province; “endorse” means to acknowledge recognized subject fields of competency in teaching; “graduate degree” means a master’s degree or doctoral degree; “graduate diploma” means a diploma received upon completion of an established program of a recognized university consisting of a minimum 5 full university courses at the graduate level, any of which may be in either or both of the following: (

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

i) any combination of academic and professional courses that are interrelated, (ii) a minimum of 5 full courses at a university, or the approved equivalent, of which at least 3 must be full graduate courses and only 2 may be full undergraduate courses; “major endorsation” means an endorsation requiring a minimum of 30 credit hours of study in a discipline in a subject field and 6 credit hours of teaching methodology in that subject field; “minor endorsation” means an endorsation requiring a minimum of 18 credit hours of study in a discipline in a subject field and 3 credit hours in the teaching methodology of that subject field; “Nova Scotia Instructional Leadership Program” means the instructional leadership program provided by the Minister that leads to a diploma in instructional leadership granted by the Minister, and as described in the Governor in Council Education Act Regulations made under the Act; “post-July 31, 2000 certification system” means the teacher’s certification system set out in Sections 33 to 51; “pre-August 1, 2000 certification system” means the teacher’s certification system set out in Sections 26 to 32; “recognized” means recognized in the judgment of the Minister for the purpose of teacher certification under these regulations; “Registrar” means the Registrar of Teacher Certification appointed under

Section 4. “successful” means successful in the judgement of the Registrar for the purpose of teacher certification under these regulations; “subject field” means a field of study representing related disciplines; “university” includes a college; “upgrading program” means a degree program, certificate program or integrated program undertaken by a person to obtain a higher class of teacher’s certificate. © NS Office of the Registrar of Regulations. Web version. 246

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(2) For the purposes of

interpretation of this

Section and Sections 33 to 51 (post-July 31, 2000 certification system), (a) 1 full course equals 6 credit hours of study or 1/5 of 1 year of study; and (b) 1 year equals 5 full courses of study or 30 credit hours of study. Provisions that apply to both pre-August 1, 2000 and post-July 31, 2000 certification systems 3 For greater certainty, Sections 4 to 25 and 52 to 58 apply to both the pre-August 1, 2000 certification system and the post-July 31, 2000 certification system. Registrar, Council and Committee Registrar of Teacher Certification 4

(1) The Minister must appoint a Registrar of Teacher Certification in accordance with the Civil Service Act to perform the duties and functions and exercise the powers and authorities imposed or conferred upon the Registrar by these regulations or as otherwise prescribed by the Minister.

(2) The Minister may designate a person in the public service to act in the place of the Registrar due to the absence or incapacity of the Registrar.

(3) Despite anything in these regulations, the Minister may take any action in respect of [a] teacher’s certificate or teaching permit that may be performed by the Registrar and may exercise any power and authority conferred on the Registrar by these regulations.

(4) A reference to a teacher’s certificate, vocational teacher’s certificate or teaching permit granted by the Registrar may be read as a teachers’s certificate or teaching permit granted by the Minister, as the context requires. Minister’s Advisory Council on Teacher Certification 5 The Minister must appoint, effective September 1 of each year, a Minister’s Advisory Council on Teacher Certification composed of any number of members the Minister determines appropriate, and including at least all of the following: (

a) a representative of the Department; (b) 2 representatives of the Nova Scotia Teacher’s Union; (c) 1 representative of the Committee of Deans and Heads of Teacher Training Institutions; (

d) an employee of the Department, who serves as a non-voting secretary of the Minister’s Advisory Council on Teacher Certification. Certification Appeals Committee 6

(1) The Minister must appoint a Certification Appeals Committee, to be composed of 3 persons, as follows (a) 1 person nominated by the Nova Scotia Teacher’s Union; (b) 1 person nominated by the Minister; and (c) 1 person, acceptable to both the Minister and the Nova Scotia Teacher’s Union, who is a regional education officer or the education officer for the Conseil scolaire acadien provincial. © NS Office of the Registrar of Regulations. Web version. 247

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(2) The person appointed under clause (1)(

c) must be the Chair of the Committee.

(3) A member of the Committee is appointed for a term prescribed by the Minister, not to exceed 3 years.

(4) A member of the Committee may be reappointed.

(5) A member of the Committee whose term expires continues to hold office until a successor is appointed or until the member is reappointed.

(6) A member of the Committee whose term expires during a review being conducted by the Committee must remain part of the Committee until the review is concluded.

(7) The Minister may fill a vacancy on the Committee by appointing a person to fill the former member’s unexpired term.

(8) If a member of the Committee misses 3 consecutive meetings, the Minister may, on the recommendation of the Committee, revoke the member’s appointment. Applications and Fees Application to Registrar 7 A person meeting the qualifications for a teacher’s certificate, vocational teacher’s certificate or teaching permit under these regulations may apply to the Registrar for a teacher’s certificate or teaching permit, a renewal of a teacher’s certificate or teaching permit, a duplicate teacher’s certificate or a higher class of teacher’s certificate.

Applying for teacher’s certificate or teaching permit 8 An applicant for a teacher’s certificate or teaching permit must submit all of the following with their application: (

a) documentary evidence of the type and in the form prescribed by the Minister respecting the applicant’s character, age, training and qualifications; (

b) the applicable fee set out in

Section 9. Fees 9 The following are the fees for teacher’s certificates: Teacher’s Certificate Fee initial certificate $106.15 renewal of certificate $46.45 duplicate certificate $46.45 higher class of certificate $35.00 Issuing teacher’s certificate 10

(1) The Registrar may only grant a teacher’s certificate or teaching permit if the Registrar is satisfied that the applicant is of good character and fit to teach.

(2) A teacher’s certificate granted by the Registrar is a permanent certificate. © NS Office of the Registrar of Regulations. Web version. 248

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Part II - Regulations Vol. 42, No. 8 Applying for higher class of teacher’s certificate 11

(1) An applicant for a higher class of teacher’s certificate must submit all of the following with their application (

a) an official transcript of their course results or a copy of the applicant’s letter requesting an institution to send the official transcript directly to the Registrar; and (

b) the applicable fee set out in

Section 9.

(2) The Registrar must not grant a higher class of certificate until the Registrar receives an official transcript of the applicant’s course results. Statement of professional standing 12

(1) The Registrar may provide a statement of professional standing to the holder of a teacher’s certificate, upon application and payment of the fee set out in subsection (2).

(2) An applicant for a statement of professional standing must submit a fee of $33.15 with their application. Evidence of language proficiency 13 The Registrar may require that an applicant for a teacher’s certificate provide evidence of the type and in the form required by the Registrar of their proficiency in the English language or the French language to meet the requirements of the Department. Effective date of classification 14

(1) For salary purposes, the classification of an initial teaching permit or initial teacher’s certificate is effective on the later of the following dates: (

a) the date the teacher qualified for the classification; (

b) the first day of the school year in which the teacher applied for the classification and submitted all the required documentation, as determined by the Registrar

(2) For salary purposes, a change in classification of a teaching permit or teacher’s certificate is effective on the following dates: (

a) August 1, if all required documentation is received between and including March 1 to September 30; (

b) January 1 of the same school year, if all required documentation is received between and including October 1 to the last day of February. Teaching permit issued without teacher’s certificate 15

(1) If an education entity certifies that no holder of a teacher’s certificate is available for a teaching position, the Minister may issue a teaching permit to a person recommended by the regional executive director for the region in which the school or class is situated, subject to the Minister being satisfied with the person’s subject matter and pedagogical expertise.

(2) A teaching permit issued under this

Section constitutes permission to conduct school only in the school region and for the school year for which it is issued. © NS Office of the Registrar of Regulations. Web version. 249

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Part II - Regulations Vol. 42, No. 8 Refusal to grant teacher’s certificate 16

(1) The Registrar may refuse to grant the class of teacher’s certificate an applicant applies for if the Registrar has reasonable grounds to believe that the applicant does not meet the requirements specified in these regulations for the certificate.

(2) Except as provided in subsection (4), if the Registrar refuses an application for a class of teacher’s certificate, the Registrar must provide the applicant with a notice in writing of the refusal that includes all of the following: (

a) the reasons for the refusal; (

b) a statement that the applicant may request a review of the decision in accordance with

Section 17; (

c) details of any written submissions the Certification Appeals Committee requires for the review; (

d) the date the application was received by the Registrar.

(3) A notice provided under subsection (2) must be sent by ordinary mail no later than 45 days after the date the Registrar receives the application.

(4) If the Registrar’s refusal is because the applicant’s teacher’s certificate is suspended or cancelled, the Registrar is not required to notify the applicant in writing in accordance with subsection (2), and the applicant may not request a review of the Registrar’s decision under

Section 17. Review of Refusal to Grant Teacher’s Certificate Request for review of Registrar’s refusal 17

(1) An applicant for a teacher’s certificate may request a review, in accordance with this Section, of the Registrar’s decision to refuse to grant the applicant a certificate.

(2) A request for review must be sent to the Minister in writing and be accompanied by any written submissions required by the Certification Appeals Committee, as specified in the notice to the applicant under subsection 16(2).

(3) Except as provided in subsection (4), a request for review must be received by the Minister no later than 180 days after the date the 45-day period referred to in subsection 16(3) expires.

(4) At an applicant’s request, the Certification Appeals Committee may extend the deadline beyond the time set out in subsection (3) if it is satisfied that the circumstances warrant granting the extension. Review by Certification Appeals Committee 18

(1) Upon a request submitted in accordance with

Section 17, the Certification Appeals Committee must con

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 46/2018
Date	2018-04-13
Type	gazette
Volume / chapter	just regulations rg2 2018 RG2 2018 04 13
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	1a6ddc0887c26f0288d7ed393ad7e6ebefa8a187

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