Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 23, No. 24 December 17, 1999 Contents Act Reg. No.

Page Gaming Control Act and Public Service Act Nova Scotia Gaming Foundation Regulations - Amendment. . . 129/99 726 Heritage Property Act H e r i t a g e C o n s e r v a t i o n D i s t r i c t s R e g u l a t i o n s - A m e n d m e n t ....128/99 725 Land Surveyors Act L a n d S u r v e y o r s R e g u l a t i o n s - A m e n d m e n t ................127/99 722 Motor Vehicle Act V olunteer Fire-fighter and Ground Search and Rescue W o r k e r s R e g i s t r a t i o n F e e E x e m p t i o n R e g u l a t i o n s........130/99 728 NOW AVAILABLE The October Issue of the Nova Scotia Regulations CD-Rom containing the consolidated regulations of Nova Scotia and the quarterly sectional index of regulations is now available from the Office of the Registrar of Regulations.

For information or subscriptions please call (902) 424-6723 or visit our website at www.gov.ns.ca/just/regulations/cd. 721

N.S. Reg. 127/99 ROYAL GAZETTE

Part II Regulations N.S. Reg. 127/99 Made: November 25, 1999 Filed: November 29, 1999 Land Surveyors Regulations Order in Council 1999-569 made November 25, 1999 made by the Governor in Council pursuant to

Section 8 of the Land Surveyors Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated November 2, 1999, pursuant to

Section 8 of

Chapter 249 of the Revised Statutes of Nova Scotia, 1989, the Land Surveyors Act, is pleased to approve amendments made by the Council of the Association of Nova Scotia Land Surveyors to regulations made by the Council of the Association of Nova Scotia Land Surveyors and approved by Order in Council 88-908 dated September 13, 1988, in the manner set forth as

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

Schedule "A" Amendments to the regulations respecting Nova Scotia land surveyors approved by the Governor in Council pursuant to

Section 8 of

Chapter 249 of the Revised Statutes of Nova Scotia, 1989, the Land Surveyors Act 1 Subsection 7(2) of the regulations respecting Nova Scotia land surveyors approved by the Governor in Council by Order in Council 88-908 dated September 13, 1988, is amended by (

a) relettering clauses (

e) to (

l) as clauses (

f) to (m), respectively, and adding the following clause immediately following clause (d): (e) "GPS” means Global Positioning System, a satellite-based system used for navigation, positioning and survey measurements; (

b) relettering clauses (

i) to (

m) as clauses (

j) to (n), respectively, and adding the following clause immediately following clause (h): (i) “radial observation” means a unique determination of the position of one survey station or monument relative to another; 2

Section 9 of the regulations is amended by (

a) striking out “are performing properly and” and substituting “operate”; and (

b) adding “and meet the accuracy standards specified in

Section 17" immediately preceding the period. 722

N.S. Reg. 127/99 ROYAL GAZETTE

Part II Regulations 3

Section 12 of the regulations is repealed and the following

Section substituted: 12 All electronic measuring equipment shall be tested on a calibrated base line or network, the length or relative positions of which have been determined by an authority approved by Council, including monuments in the Nova Scotia Co-ordinate Survey System. 4

Section 14 of the regulations is amended by striking out “or trilateration between corners or between stations close to each corner with the corner tied in by a check-measured offset” and substituting “, trilateration, or check measured radial observation.” 5

Section 17 of the regulations is amended by (

a) striking out “(1:5000) or be remeasured” in clause (

b) and substituting “plus 30 millimetres (1:5000 plus 30 mm)”; (

b) striking out “20" and substituting “30" wherever it appears in clause 17(c); (

c) relettering clause (

e) as clause (f), and adding the following clause immediately following clause (d): (

e) the minimum horizontal accuracy and vertical accuracy of surveys carried out with GPS technology shall be “r” cm, where r = 2(d+1.5) and d = the distance in kilometres between survey stations or monuments; (

d) in clause (f), (

i) striking out “and (c)” and substituting “, (

c) and (e)”; and (ii) striking out “, traverse misclosure based on field measurements shall not exceed” and substituting “shall meet a minimum relative accuracy of”. 6

Section 19 of the regulations is repealed and the following

Section substituted: 19

(1) Bearings shall be derived from 2 or more suitably spaced monuments of the Nova Scotia Co-ordinate Survey System, by astronomic observation or by differential carrier phase GPS observation.

(2) Where undue hardship and expense that prevent the determination of bearings as specified in subsection (1) can be shown to exist, a surveyor may use a magnetic bearing reference, provided that at least 2 angular ties are made to permanent visible points.

(3) A survey carried out under subsection 17(

f) may be based on a magnetic bearing reference or bearings derived from differential code phase GPS observation. 723

N.S. Reg. 127/99 ROYAL GAZETTE

Part II Regulations

(4) All bearings except those obtained by magnetic compass shall be referenced to the appropriate central meridian of the Nova Scotia Co- ordinate Survey System.

(5) A survey shall be referenced to the Nova Scotia Co-ordinate Survey System with a measured bearing and distance to 1 or more nearby co- ordinate monuments and co-ordinate monuments used for the survey shall be verified as undisturbed by measurement.

(6) A survey may be exempt from the requirements of subsection (5) where undue hardship and expense can be shown to exist. 724

N.S. Reg. 128/99 ROYAL GAZETTE

Part II Regulations N.S. Reg. 128/99 Made: November 25, 1999 Filed: November 29, 1999 Heritage Conservation Districts Regulations Order in Council 1999-587 made November 25, 1999 made by the Governor in Council pursuant to

Section 26 of the Heritage Property Act The Governor in Council on the report and recommendation of the Minister in charge of the administration of the Heritage Property Act dated October 20, 1999, pursuant to

Section 26 of

Chapter 199 of the Revised Statutes of Nova Scotia, 1989, the Heritage Property Act, is pleased to amend the Heritage Conservation Districts Regulations made by Order in Council 92-682 dated July 14, 1992, in the manner set forth in

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

Schedule “A” Amendments to the Heritage Conservation Districts Regulations made by the Governor in Council pursuant to

Section 26 of

Chapter 199 of the Revised Statutes of Nova Scotia, 1989, the Heritage Property Act Subsection 8(3) of the Heritage Conservation Districts Regulations made by the Governor in Council by Order in Council 92-682 dated July 14, 1992, is amended by striking out “served by personal service or registered mail upon” and substituting “delivered by personal service upon or by ordinary mail to”. 725

N.S. Reg. 129/99 ROYAL GAZETTE

Part II Regulations N.S. Reg. 129/99 Made: December 1, 1999 Filed: December 1, 1999 NS Gaming Foundation Regulations Order in Council 1999-592 made December 1, 1999 made by the Governor in Council pursuant to

Section 127 of the Gaming Control Act and pursuant to subsection 4(1) of the Public Service Act The Governor in Council on the report and recommendation of the Minister responsible for

Part I of the Gaming Control Act dated November 24, 1999, and pursuant to

Section 127 of

Chapter 4 of the Acts of 1994-95, the Gaming Control Act and to subsection 4(1) of

Chapter 376 of Revised Statutes of Nova Scotia, 1989, the Public Service Act, is pleased to amend the Nova Scotia Gaming Foundation Regulations made by Order in Council 98-109 dated March 19, 1998, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on, from and after December 8, 1999.

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

Section 127 of

Chapter 4 of the Acts of 1994-95, the Gaming Control Act and

Section 4 of

Chapter 376 of the Revised Statutes of Nova Scotia, 1989, the Public Service Act 1

Section 3 of the Nova Scotia Gaming Foundation Regulations made by Order in Council 98-109 dated March 19, 1998 is amended by: (

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

d) and substituting a semicolon; and (

b) adding immediately after clause (

d) the following clause: (e) “Minister” means the Minister of Health. 2

Section 4 is repealed and the following

Section substituted: 4 The Foundation shall be accountable to and under the authority of the Minister. 3 Sections 5 and 6 are repealed. 4

Section 7 is amended by striking out “Corporation” and substituting “Minister”. 726

N.S. Reg. 129/99 ROYAL GAZETTE

Part II Regulations 5 Subsection 8(1) is amended by striking out “Corporation” and substituting “Minister”. 6 Subsection 8(2) is amended by striking out “Corporation” and substituting “Minister”. 7 Subsection 8(5) is repealed. 8 Subsection 11(4) is amended by striking out “Corporation” wherever it appears and substituting in each case “Minister”. 727

N.S. Reg. 130/99 ROYAL GAZETTE

Part II Regulations N.S. Reg. 130/99 Made: December 1, 1999 Filed: December 3, 1999 V olunteer Fire-fighter and Ground Search and Rescue Workers Registration Order in Council 1999-598 made December 1, 1999 made by the Governor in Council pursuant to subsection 302(1) of the Motor Vehicle Act The Governor in Council on the report and recommendation of the Minister of Business and Consumer Services dated November 30, 1999, and pursuant to subsection 302(1) of

Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act, is pleased to make regulations respecting exemption from registration fees for volunteer firefighters and ground search and rescue workers in the form set forth in

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

Schedule “A” Regulations respecting exemption from registration fees for volunteer fire-fighters and ground search and rescue workers made by the Governor in Council pursuant to subsection 302(1) of

Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act Citation 1 These regulations may be cited as the Volunteer Fire-fighter and Ground Search and Rescue Workers Registration Fee Exemption Regulations. Active volunteer fire-fighters 2 In these regulations, an “active volunteer fire-fighter” means a volunteer fire- fighter as defined by

Section 2 of the Volunteer Services Act who (

a) is an active member of a recognized volunteer fire department and has been an active member for at least 12 months prior to applying for exemption from payment of a vehicle registration pursuant to subsection 4(1); and (

b) has participated in at least 20% of all activities including fire calls and training conducted while that volunteer fire-fighter has been an active member as required by clause (a); and (

c) has written confirmation of active member status required by clause (

a) in the form prescribed by the Department and signed by the Chief or Deputy Chief of the volunteer fire department. 728

N.S. Reg. 130/99 ROYAL GAZETTE

Part II Regulations Active volunteer ground search and rescue workers 3 In these regulations, an “active volunteer ground search and rescue worker” means a search and rescue worker who is a volunteer as defined by

Section 2 of the Volunteer Services Act who (

a) is an active member of a recognized ground search and rescue organization and has been an active member for at least 12 months prior to applying for exemption from payment of a vehicle registration pursuant to subsection 4(1); and (

b) has participated in at least 20% of all activities including ground searches and rescue calls and training conducted while that volunteer ground search and rescue worker has been an active member as required by clause (a); and (

c) has written confirmation of active member status required by clause (

a) in the form prescribed by the Department and signed by the Team President of the volunteer ground search and rescue organization. Application for exemption 4( 1 ) An active volunteer fire-fighter or active volunteer ground search and rescue worker may apply to the Department for exemption from the registration fee of a vehicle in the form prescribed by the Department.

(2) When the Department is satisfied with the application made pursuant to subsection (1), there shall be no registration fee for one passenger or one commercial vehicle of a registered weight of 5000 kg or less for which a number plate is issued in the name of the applicant. Exemption ceases 5 When a person ceases to be an active volunteer fire-fighter or active volunteer ground search and rescue worker, the exemption from the registration fee issued under these regulations shall cease and the vehicle must be re-registered prior to being operated. 729