© NS Registry of Regulations. Web version. 1

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 32, No. 1 January 4, 2008 Contents Act Reg. No.

Page Assessment Act Residential and Resource Property Taxation Assessment Regulations–amendment ...... 456/2007 2 Pension Benefits Act Proclamation of amendments to Act, S. 4, S.N.S. 2007, c. 49 ....................... 461/2007 24 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 462/2007 26 Respiratory Therapists Act Proclamation, S. 69, S.N.S. 2007, c. 13 ........................................ 459/2007 4 R e s p i r a t o r y T h e r a p i s t s R e g u l a t i o n s ........................................... 460/2007 5

Summary Proceedings Act I n v e s t i g a t i v e W a r r a n t E n a c t m e n t R e g u l a t i o n s – a m e n d m e n t ........................457/2007 2 S u m m a r y O f f e n c e T i c k e t s R e g u l a t i o n s – a m e n d m e n t ..............................458/2007 3 In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act.

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

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

N.S. Reg. 456/2007 - 457/2007 Royal Gazette

Part II - Regulations Vol. 32, No. 1 2 © NS Registry of Regulations. Web version. N.S. Reg. 456/2007 Made: December 21, 2007 Filed: December 21, 2007 Residential and Resource Property Taxation Assessment Regulations Order in Council 2007-652 dated December 21, 2007 Amendment to regulations made by the Governor in Council pursuant to

Section 179 of the Assessment Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated December 14, 2007, and pursuant to

Section 179 of

Chapter 23 of the Revised Statutes of Nova Scotia, 1989, the Assessment Act, is pleased to amend the Residential and Resource Property Taxation Assessment Regulations, N.S. Reg. 219/2004, made by the Governor in Council by Order in Council 2004-415 dated October 28, 2004, to prescribe a base year for the purposes of

Section 45A of the Assessment Act in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after December 21, 2007.

Schedule “A” Amendment to the Residential and Resource Property Taxation Assessment Regulations made by the Governor in Council under

Section 179 of

Chapter 23 of the Revised Statutes of Nova Scotia, 1989, the Assessment Act 1

Section 3 of the Residential and Resource Property Taxation Assessment Regulations, N.S. Reg. 219/2004, made by the Governor in Council by Order in Council 2004-415 dated October 28, 2004, is amended by adding the following subsection immediately after subsection (3):

(4) The base year for a mobile home for the 2008-2009 municipal taxation year is the 2007-2008 municipal taxation year. 2

Section 7 of the regulations is amended by striking out “2001-2002” and substituting “2007-2008”. N.S. Reg. 457/2007 Made: December 21, 2007 Filed: December 21, 2007 Investigative Warrant Enactment Regulations Order in Council 2007-653 dated December 21, 2007 Amendment to regulations made by the Governor in Council pursuant to

Section 18 of the

Summary Proceedings Act The Governor in Council on the report and recommendation of the Minister of Justice and the Minister of Service Nova Scotia and Municipal Relations dated December 10, 2007, and pursuant to

Section 18 of

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

Summary Proceedings Act, is pleased to amend the Investigative Warrant Enactment Regulations, N.S. Reg. 118/2006, made by the Governor in Council by Order in Council 2006-336 dated July 19, 2006, to provide authority for compliance officers to obtain investigative warrants for investigations under the Revenue Act and the Sales Tax Act, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after December 21, 2007.

N.S. Reg. 457/2007 - 458/2007 Royal Gazette

Part II - Regulations Vol. 32, No. 1 © NS Registry of Regulations. Web version. 3

Schedule “A” Amendment to the Investigative Warrant Enactment Regulations made by the Governor in Council pursuant to

Section 18 of

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

Summary Proceedings Act The Investigative Warrant Enactment Regulations, N.S. Reg. 118/2006, made by the Governor in Council by Order in Council 2006-336 dated July 19, 2006, are amended by adding the following subsections immediately after subsection 2(2):

(3) The Revenue Act is added to

Schedule B of the

Summary Proceedings Act.

(4) The Sales Tax Act is added to

Schedule B of the

Summary Proceedings Act. N.S. Reg. 458/2007 Made: December 21, 2007 Filed: December 21, 2007

Summary Offence Tickets Regulations Order in Council 2007-655 dated December 21, 2007 Amendment to regulations made by the Governor in Council pursuant to

Section 8 of the

Summary Proceedings Act The Governor in Council on the report and recommendation of the Minister of Justice and Attorney General dated December 19, 2007, and pursuant to

Section 8 of

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

Summary Proceedings Act, is pleased to amend the

Summary Offence Tickets Regulations, N.S. Reg. 4/2001, made by the Governor in Council by Order in Council 2001-21 dated January 18, 2001, to include certain offences under the Retail Business Designated Day Closing Act as

summary offence ticket offences and set the out-of-court settlement amounts for the offences in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after December 21, 2007. Order I, Cecil P. Clarke, Minister of Justice and Attorney General of Nova Scotia, hereby order and direct pursuant to

Section 8 of

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

Summary Proceedings Act, that the penalty to be entered on a summons in respect of an offence set out in amendments to the Schedules to the

Summary Offence Tickets Regulations, N.S. Reg. 4/2001, as set forth in

Schedule “A”, is the amount of the out-of-court settlement set out opposite the description of that offence, and the out-of-court settlement amount includes the charge provided for in, and in accordance with, Sections 8 and 9 of the Act. This Order is effective on and after the making by the Governor in Council of the amendments to the

Summary Offence Tickets Regulations set out in

Schedule “A”. Dated and made December 19, 2007, at Halifax, Halifax Regional Municipality, Province of Nova Scotia. Sgd.: Cecil P. Clarke Honourable Cecil P. Clarke Minister of Justice and Attorney General of Nova Scotia

N.S. Reg. 458/2007 - 459/2007 Royal Gazette

Part II - Regulations Vol. 32, No. 1 4 © NS Registry of Regulations. Web version.

Schedule “A” Amendment to the

Summary Offence Tickets Regulations made by the Governor in Council pursuant to

Section 8 of

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

Summary Proceedings Act The

Summary Offence Tickets Regulations, N.S. Reg. 4/2001, made by the Governor in Council by Order in Council 2001-21 dated January 18, 2001, are amended by adding the following

schedule immediately after

Schedule 35A:

Schedule 36 Retail Business Designated Day Closing Act Offence

Section Out of Court Settlement 1 Selling, offering for sale or purchasing goods or services by retail (specify) on designated day 3(1)(a) [$]1832.00 2 Knowingly permitting the selling, offering for sale or purchasing of goods or services by retail (specify) on designated day 3(1)(a) [$]1832.00 3 Admitting the public into retail business premises on designated day 3(1)(b) [$]1832.00 4 Knowingly permitting the admitting of the public into retail business premises on designated day 3(1)(b) [$]1832.00 5 Interfering, failing to co-operate, or failing to comply with an officer (specify) 8(1)(c) [$]1257.00 N.S.

Reg. 459/2007 Made: December 21, 2007 Filed: December 21, 2007 Proclamation, S. 69, S.N.S. 2007, c. 13 Order in Council 2007-658 dated December 21, 2007 Proclamation made by the Governor in Council pursuant to

Section 13 of the Respiratory Therapists Act The Governor in Council on the report and recommendation of the Minister of Health dated December 14, 2007, and pursuant to

Section 69 of

Chapter 13 of the Acts of 2007, the Respiratory Therapists Act, is pleased to order and declare by proclamation that

Chapter 13 of the Acts of 2007, the Respiratory Therapists Act, do come into force on and not before January 1, 2008. PROVINCE OF NOVA SCOTIA sgd: Mayann Francis G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith.

N.S. Reg. 459/2007 - 460/2007 Royal Gazette

Part II - Regulations Vol. 32, No. 1 © NS Registry of Regulations. Web version. 5 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 69 of

Chapter 13 of the Acts of 2007, the Respiratory Therapists Act, it is enacted as follows: 69 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 13 of the Acts of 2007, the Respiratory Therapists Act, do come into force on and not before January 1, 2008; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 13 of the Acts of 2007, the Respiratory Therapists Act, do come into force on and not before January 1, 2008, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia.

AT Our Government House in the Halifax Regional Municipality, this 21st day of December in the year of Our Lord two thousand and eight and in the fifty-sixth year of Our Reign. BY COMMAND: sgd: Cecil P. Clarke Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 460/2007 Made: September 25, 2006 Approved: December 21, 2007 Filed: December 21, 2007 Respiratory Therapists Regulations Order in Council 2007-659 dated December 21, 2007 Regulations made by the Board of the Nova Scotia College of Respiratory Therapists and approved by the Governor in Council pursuant to

Section 10 of the Respiratory Therapists Act The Governor in Council on the report and recommendation of the Minister of Health dated December 14, 2007, and pursuant to

Section 10 of

Chapter 13 of the Acts of 2007, the Respiratory Therapists Act, is pleased

N.S. Reg. 460/2007 Royal Gazette

Part II - Regulations Vol. 32, No. 1 6 © NS Registry of Regulations. Web version. to approve of new regulations made by the Board of the Nova Scotia College of Respiratory Therapists respecting respiratory therapists in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after January 1, 2008.

Schedule “A” I certify that at a duly convened meeting of the Board of the Respiratory Therapists Society of Nova Scotia held on September 25, 2006, the Board carried a motion to approve the attached regulations made pursuant to subsection 10(1) of

Chapter 13 of the Acts of 2007, the Respiratory Therapists Act. Dated at Halifax, Nova Scotia, this 19 day of July, 2007. Board of Respiratory Therapists Society of Nova Scotia Per: sgd: Phillip Richardson President, RTSNS Regulations Respecting Respiratory Therapists made by the Board of the Nova Scotia College of Respiratory Therapists pursuant to

Section 10 of

Chapter 13 of the Acts of 2007, the Respiratory Therapists Act General Citation 1 These regulations may be cited as the Respiratory Therapists Regulations.

Definitions 2 In these regulations, (a) “Act” means the Respiratory Therapists Act; (b) “competence assessment” means a program a pproved by the Credentials Committee to assess the competence of applicants or members; (c) “licensure year” means a 12-month period determined by the Board; (d) “notice of hearing” means the notice of hearing required by

Section 46 of the Act. Board must consult and notify of amendments to regulations 3 The Board must consult with all of the unions that represent members and must notify all members of any amendments proposed to these regulations, through the College’s official publication. Registration, Licensing and Membership Information in Register 4 In addition to the name of each person eligible to be registered, as required by subsection 11(1) of the Act, the Register must contain all of the following information for each member: (

a) name and location of school of respiratory therapy attended; (

b) year member graduated from school of respiratory therapy;

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Part II - Regulations Vol. 32, No. 1 © NS Registry of Regulations. Web version. 7 (

c) date of entry in the Register. Categories of licences 5( 1 ) The following are the categories of licences: (

a) active-practising; (

b) active-practising with conditions or restrictions; (

c) temporary; (

d) temporary with conditions or restrictions; (

e) temporary (graduate respiratory therapist).

(2) The roster for each category of licence must be made available to the public. Providing evidence to prove registration requirements 6 A person must satisfy the Credentials Committee that they meet the criteria for registration and for the category of licence that the person applies for. Competence assessment 7 The Credentials Committee may use any of the following methods or tools to assess the competence of an applicant: (

a) methods such as interviewing, verification of documents, observation, reflective practice, self-assessments and testing; (

b) tools such as chart audits, self-assessments, written tests and live demonstrations of competency. Criteria for registration for graduates of respiratory therapy education programs 8( 1 ) The following are the criteria for registration for a graduate of a respiratory therapy education program: (

a) completion of the registration examination; (

b) payment of the applicable registration fee; (

c) if previously licensed in another jurisdiction, current or past registration as a respiratory therapist in the jurisdiction where the applicant last practised; (

d) demonstration of proficiency in the Eng lish language in the manner required by the Credentials Committee; (

e) meeting the criteria for entry in the active- practising roster in

Section 10 or the active- practising with conditions or restrictions roster in

Section 12.

(2) If the Credentials Committee is satisfied that an applicant meets all of the criteria under subsection (1), the applicant’s name must be entered in the register.

N.S. Reg. 460/2007 Royal Gazette

Part II - Regulations Vol. 32, No. 1 8 © NS Registry of Regulations. Web version. Criteria for registration for graduates of programs other than respiratory therapy education programs 9( 1 ) The following are the criteria for registration for a graduate of a program other than a respiratory therapy education program: (

a) graduation from a program that qualifies the applicant to be a respiratory therapist or equivalent in the jurisdiction of the program; (

b) completion of any competence assessment required by the Credentials Committee; (

c) meeting the criteria set out in clauses 8(1)(

a) through (e).

(2) If the Credentials Committee is satisfied that an applicant meets all of the criteria under subsection (1), the applicant’s name must be entered in the Register. Criteria for entry in active-practising roster 10 The Registrar must record the name of a member in the active-practising roster and issue an active- practising licence to a member who meets all of the following criteria: (

a) the member has paid the applicable licence fee; (

b) the member is not currently subject to any disciplinary finding that would prohibit the practice of respiratory therapy; (

c) the member’s ability to practise respirator y therapy is not subject to any conditions or restrictions; (

d) the member has provided any information th e Credentials Committee requires to establish that the applicant has the capacity, competence, capability and character to safely and ethically practise respiratory therapy; (

e) the member has provided any information th e Credentials Committee requires to establish that

Section 43 of the Act does not apply to the applicant; (

f) the member has completed the continuing education credits required by

Section 13; (

g) the member meets one of the following: (

i) the member has completed a program under clause 9(1)(

a) or any other respiratory therapy education program in the 5 years immediately before the member submitted an application for entry in the active-practising roster, (ii) the member has completed at least 1500 hours practising respiratory therapy in the 4 years immediately before the member submitted an application for entry in the active- practising roster, (iii) in the 5 years immediately before the member submitted an application for entry in the active-practising roster, the member has completed either a Registered Respiratory Therapist Re-entry Program or a competence assessment, as selected by the Credentials Committee, (iv) the member is enrolled in and currently attending a respiratory therapy education program and at time of initial enrolment was eligible for entry in the active-practising roster.

N.S. Reg. 460/2007 Royal Gazette

Part II - Regulations Vol. 32, No. 1 © NS Registry of Regulations. Web version. 9 Entitlements of members in active-practising roster 11 A member whose name is in the active-practising roster is entitled to do all of the following: (

a) use the designation “Respiratory Therapist” or “Registered Respiratory Therapist” or the abbreviation “R.T.”, “RT”, “R.R.T.”, or “RRT” in accordance with

Section 21 of the Act; (

b) practise respiratory therapy; (

c) if elected, hold office on the Board; (

d) serve as an appointed member on any committee of the College; (

e) receive all official College publications; (

f) attend, participate and vote at meetings of the College. Criteria for entry in active-practising with conditions or restrictions roster 12

(1) The Registrar must record the name of a member in the active-practising with conditions or restrictions roster and issue an active-practising licence with conditions or restrictions to a member who meets all of the criteria for entry in the active-practising roster in

Section 10, except the criterion in clause (c), and has conditions or restrictions placed on their licence by one of the following: (

a) the Registrar, under subsection 14(2) of the Act; (

b) a decision of the Complaints Committee, the Professional Conduct Committee, the Re-instatement Committee, or the Registration Appeal Committee, or an equivalent committee from another jurisdiction.

(2) A member in the active-practising with conditions or restrictions roster is entitled to all of the privileges listed in

Section 11, subject to the particular conditions or restrictions that are imposed on their licence. Continuing education credits 13 An applicant for an active-practising licence or an active-practising licence with conditions or restrictions must complete the minimum number of continuing education credits established by the Board, in any practice areas determined by the Board. Term and renewal of licence 14

(1) Unless suspended, expired, revoked, or amended as a result of any restrictions or conditions imposed, a licence remains in effect until the end of the licensure year in which it is issued.

(2) The Registrar must renew a member’s licence if the member meets all of the following: (

a) the member applies for renewal and pays the applicable renewal fee and any penalties incurred for late application; (

b) the member meets all criteria for entry in the applicable roster, except any requirement to pay fees for initial entry in the roster. Restrictions or conditions on a previous licence 15 Restrictions or conditions imposed on a member’s licence that have not expired remain in effect on any new licence issued to the member.

N.S. Reg. 460/2007 Royal Gazette

Part II - Regulations Vol. 32, No. 1 10 © NS Registry of Regulations. Web version. Member removed from roster if licence not renewed 16

(1) The Registrar must remove the name of a member who does not renew their licence in accordance with subsection 14(2) from the applicable roster effective the day after their licence expires, and the member remains non-active until their name is restored under subsection (2).

(2) The Registrar must restore the name of a non-active member referred to in subsection (1) to the applicable roster when the member meets the criteria for entry in the roster and pays any applicable renewal fee and any penalty. Temporary licence 17

(1) A temporary licence or a temporary licence with conditions or restrictions issued under

Section 15 of the Act ceases to be valid after the earliest of all of the following dates: (

a) the date the College receives notice that the licence holder is no longer eligible to write the applicable registration examinations; (

b) the date that a licence to practise respir atory therapy is issued to the licence holder; (

c) the expiry date of the temporary licence; (

d) the date the temporary licence is suspe nded or revoked under the professional conduct process.

(2) The Registrar may determine whether the holder of a temporary licence or a temporary licence with conditions or restrictions is authorized to use the designations set out in clause 11(a). Temporary licence (graduate respiratory therapist) 18

(1) The Registrar must record the name of a person in the temporary (graduate respiratory therapist) roster and issue a temporary licence (graduate respiratory therapist) to a person who meets all of the following criteria: (

a) the person has completed a respiratory ther apy education program or has an equivalent education as determined by the Credentials Committee, but has not passed the registration examination; (

b) the person applies to write the registration examination and writes the examination no later than 18 months from the date they complete the program or education required in clause (a); (

c) the person does not hold an active-practising licence; (

d) the person is not practising respiratory therapy; (

e) the person has paid the applicable fee.

(2) A person who holds a temporary licence (graduate respiratory therapist) may (

a) practise respiratory therapy only under the gene ral supervision of a registered respiratory therapist; and (

b) use the designation “graduate respiratory th erapist” or any derivation or abbreviation.

(3) A person who holds a temporary licence (graduate respiratory therapist) may not delegate any act of respiratory therapy to another person who does not hold a licence under the Act.

N.S. Reg. 460/2007 Royal Gazette

Part II - Regulations Vol. 32, No. 1 © NS Registry of Regulations. Web version. 11 Categories of affiliation 19 The following are the categories of affiliation under the Act: (

a) non-practising; (

b) non-active; (

c) honorary life; (

d) student; (

e) honorary. Non-practising members 20

(1) A member is entitled to become a non-practising member if the member meets all of the following criteria: (

a) the member was at one time eligible for an active-practising licence or an active-practising licence with conditions or restrictions; (

b) the member is not subject to any disciplinary finding that would prohibit them from practising respiratory therapy; (

c) the member is not practising respiratory therapy in the Province; (

d) the member has paid the applicable fee.

(2) A non-practising member is entitled to (

a) attend and participate in, but not vote at, meetings of the College; (

b) serve as a member on any committee of the College, but is not eligible for election to the Board; and (

c) receive all official College publications. Non-active members 21

(1) A member whose name is not on any roster, and who is not a non-practising member, is a non-active member of the College.

(2) A non-active member is entitled to attend and participate in, but not vote at, meetings of the College. Honorary life members 22

(1) An honorary life membership may be granted by resolution of the Board to a member who has rendered distinguished or valuable service to the profession.

(2) An honorary life member is entitled to (

a) remain entered in the applicable roster if the member meets the prescribed criteria for the licence category; and (

b) the same rights and privileges as a non-practising member under

Section 20.

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Part II - Regulations Vol. 32, No. 1 12 © NS Registry of Regulations. Web version. Student category 23

(1) Student affiliation may be granted to any person who (

a) is currently enrolled as a student in a respiratory therapy education program; and (

b) has paid the applicable affiliation fee.

(2) A person who is granted a student affiliation is a student member.

(3) A student member is entitled to (

a) attend and participate in, but not vot e at, meetings of the College; and (

b) receive all official College publications. Honorary category 24

(1) By resolution of the Board, the Board may grant an honorary affiliation with the College to any person, other than a respiratory therapist, who has rendered distinguished service or valuable assistance to the profession.

(2) An honorary member is entitled to the same rights and privileges as a non-practising member under

Section 20 along with any other rights and privileges the Board may grant. Members’ records of hours of work 25

(1) A member must keep a record of the hours that the member worked in the practice of respiratory therapy that covers at least the immediately previous 4 years.

(2) The College may at any time conduct an audit of records kept under subsection (1) to ensure the validity of data that is recorded on applications to the College respecting the hours worked in the practice of respiratory therapy. Lists kept for affiliated and non-practising members 26 The Registrar must keep current records of persons who are entered in any category of affiliation under

Section 19. Professional Conduct Preliminary investigation of complaint 27

(1) On receiving or initiating a complaint, the Registrar must send copies of the complaint to both of the following: (

a) the respondent; (

b) the Complaints Committee.

(2) The Complaints Committee may appoint an investigator, who may or may not be a member of the Complaints Committee, to investigate a complaint.

(3) When investigating a complaint, an investigator may do one or more of the following: (

a) request additional written or oral explanation from the complainant, the respondent or a third party;

N.S. Reg. 460/2007 Royal Gazette

Part II - Regulations Vol. 32, No. 1 © NS Registry of Regulations. Web version. 13 (

b) request an interview of the compla inant, the respondent or a third party; (

c) informally resolve the complaint in the inter ests of the respondent, the complainant, the public and the College.

(4) An investigator may investigate any matter relating to the respondent that arises in the course of the investigation, in addition to the complaint, that may constitute any of the following: (

a) professional misconduct; (

b) conduct unbecoming the profession; (

c) incompetence; (

d) incapacity.

(5) A respondent may submit medical information and any information relevant to the complaint to an investigator.

(6) When the investigation is finished, the investigator must prepare a report of the investigation and give a copy to the Complaints Committee and a copy to the respondent. Additional information to Complaints Committee 28

(1) The Complaints Committee may at any time direct an investigator to conduct any investigation that the Complaints Committee considers necessary.

(2) The Complaints Committee may at any time before or during a meeting receive information in addition to the report of the investigation, if the information is relevant to the matters before it.

(3) If the Complaints Committee receives additional information under subsection (2), the respondent must be given an opportunity to respond to the information. Powers of Complaints Committee and disposition of complaint 29

(1) For purposes of this Section, (a) “caution” by the Complaints Committee mean s a determination that a member has breached the standards of professional ethics or practice expected of members in circumstances that do not constitute professional misconduct, conduct unbecoming the profession, incompetence, or incapacity, and a caution is not considered to be a licensing sanction; (b) “counsel” by the Complaints Committee means a determination that a member could benefit from professional guidance from the College about the subject matter of the complaint in circumstances that do not constitute professional misconduct, conduct unbecoming the profession, incompetence or incapacity, and counsel is not considered to be a licensing sanction.

(2) When a matter is referred to a Complaints Committee, it must do one of the following: (

a) dismiss the complaint and, if considered useful by the Complaints Committee, provide guidance to the complainant, the respondent or any other person associated with the complaint, if the Complaints Committee determines that any of the following apply: (

i) the subject matter of the complaint is outside the jurisdiction of the College,

N.S. Reg. 460/2007 Royal Gazette

Part II - Regulations Vol. 32, No. 1 14 © NS Registry of Regulations. Web version. (ii) the complaint cannot be substan tiated or is frivolous or vexatious, (iii) the complaint constitutes an abuse of process, (iv) the complaint does not allege facts th at, if proven, would constitute professional misconduct, conduct unbecoming, incompetence or incapacity, or would merit a counsel, a caution or both; (

b) give the complainant, the respondent, and any other person it considers appropriate a reasonable opportunity to appear before a Complaints Committee and to submit representations, explanations or documentation, including medical information and other information relevant to the complaint.

(3) After the Complaints Committee has given the parties the opportunity to appear before the Committee under clause (2)(b), the Complaints Committee may require the respondent to do one or more of the following: (

a) submit to physical or mental examinations by a qualified person or persons designated by the Complaints Committee, and authorize the reports from the examinations to be given to the Complaints Committee; (

b) submit to a review of the respondent’s practi ce by a qualified person or persons designated by the Complaints Committee, and authorize a copy of the review to be given to the Complaints Committee; (

c) complete a competence assessment or othe r assessment or examination the Complaints Committee directs to determine whether the respondent is competent to practise respiratory therapy and authorize the assessment or examination report to be given to the Complaints Committee; (

d) produce any records or documents kept about the respondent’s practice.

(4) After the Complaints Committee has given the parties the opportunity to appear before the Committee under clause (2)(b), the Committee must do one or more of the following: (

a) dismiss the complaint and, if the Complaints Committee considers it useful, provide guidance to the complainant, respondent, or any other person associated with the complaint; (

b) counsel the respondent; (

c) caution the respondent; (

d) with the respondent’s consent, order that th e respondent receive a reprimand and that the reprimand be communicated to the respondent, the complainant and any other person the Complaints Committee considers appropriate; (

e) if a determination is made that the matter or matters warrant a hearing, refer the matter or matters to the Professional Conduct Committee; (

f) informally resolve the complaint.

(5) A reprimand issued in accordance with clause (4)(

d) is a licensing sanction against the respondent and must be dealt with in the same manner as a finding made under

Section 51 of the Act.

N.S. Reg. 460/2007 Royal Gazette

Part II - Regulations Vol. 32, No. 1 © NS Registry of Regulations. Web version. 15 Costs of respondent complying with requirement 30 Expenses incurred for a respondent to comply with a requirement under subsection 29(3) must initially be paid by the College, but may be awarded as costs against the respondent under

Section 48. Preparing and tendering settlement proposals 31

(1) A settlement proposal may be tendered in writing to the other party at any time before a hearing begins.

(2) A settlement proposal must include all of the following: (

a) an admission or admissions by the respondent to one or more of the allegations set out in the notice of hearing; (

b) the respondent’s consent to a specified disposition conditional on the acceptance of the settlement proposal by the Complaints Committee and the Professional Conduct Committee.

(3) If both parties agree with a settlement proposal tendered under subsection (1), the College must refer the settlement proposal to the Complaints Committee for consideration.

(4) The parties may agree to use a mediator to prepare a settlement proposal, and the costs for the mediator must be divided equally between the College and the respondent, unless the parties agree to a different division of the costs. Complaints Committee actions when settlement proposal referred 32

(1) The Complaints Committee may recommend acceptance of a settlement proposal if it is satisfied that all of the following are met: (

a) the public is protected; (

b) the conduct or its causes can be, or have b een successfully remedied or treated, and the respondent is likely to successfully pursue any remediation or treatment required; and (

c) settlement is in the best interests of the public and the profession.

(2) If the Complaints Committee recommends acceptance of a settlement proposal, the Complaints Committee must refer the settlement proposal to the Professional Conduct Committee for consideration.

(3) If the Complaints Committee does not recommend acceptance of a settlement proposal, the Complaints Committee must do one of the following: (

a) recommend changes to the settlement proposal that, (

i) if agreed upon by the parties, will result in acceptance by the Complaints Committee, or (ii) if not agreed upon by the parties, will result in rejection by the Complaints Committee; (

b) reject the settlement proposal and refer th e complaint considered by the Complaints Committee to the Professional Conduct Committee for hearing.

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(1) If the Professional Conduct Committee accepts a settlement proposal, the settlement proposal forms part of the order of the Professional Conduct Committee disposing of the matter and, except as provided in subsection 34(3) for a breach of the settlement proposal, there is no hearing.

(2) If the Professional Conduct Committee does not accept a settlement proposal, it must do one of the following: (

a) suggest amendments to the settlement proposal and return it to the parties for review; (

b) reject the settlement proposal, in which case th e matter is referred to another panel of the Professional Conduct Committee for a hearing.

(3) If both parties do not agree with any amendments to a settlement proposal made under clause (2)(a), the settlement proposal is deemed to be rejected and the matter must be referred to another panel of the Professional Conduct Committee for a hearing.

(4) If both parties agree with any amendments to a settlement proposal made under clause(2)(a), the settlement proposal must be sent back to the Complaints Committee who must do one of the following: (

a) accept the settlement proposal; (

b) reject the settlement proposal and refer the ma tter to another panel of the Professional Conduct Committee for a hearing.

(5) A person who sits on a panel of the Professional Conduct Committee that reviews a rejected settlement proposal must not sit on a panel of a Professional Conduct Committee that conducts a hearing related to the same complaint. Settlement proposals and hearings 34

(1) If a settlement proposal is rejected by the Professional Conduct Committee, a hearing must proceed without reference to the settlement proposal or any admissions contained in the settlement proposal until after the Professional Conduct Committee has determined whether professional misconduct, conduct unbecoming a respiratory therapist, incompetence or incapacity has been proven.

(2) Before deciding whether to award costs in a hearing, the Professional Conduct Committee may be given a copy of any settlement proposals exchanged between the parties.

(3) Any alleged breach by a respondent of an undertaking given in an accepted settlement proposal or a condition of an accepted settlement proposal must be referred to a Professional Conduct Committee and may form the subject of a new hearing.

(4) A settlement proposal may include any disposition that could be ordered by the Professional Conduct Committee under the Act or these regulations. Consent for revocation 35

(1) A respondent who does not contest the allegations or admits to some or all of the allegations set out in a complaint or the notice of hearing may, with the consent of the College, ask the Professional Conduct Committee to revoke the respondent’s licence.

(2) The Professional Conduct Committee may consent to revoke a respondent’s licence in accordance with subsection (1) with or without conditions, or may refuse consent.

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(3) Notification of a revocation under this

Section must be given in accordance with

Section 47. Notice of hearing 36

(1) A notice of hearing must be served at the respondent’s or the complainant’s last known address by one of the following methods: (

a) personal service; (

b) substituted service; (

c) registered mail.

(2) A notice of hearing sent by mail is deemed to have been served on the date it was posted.

(3) The notice of hearing must state the details of the charges and state that the respondent may be represented by legal counsel, a union representative or another representative. Amendment of notice of hearing 37

(1) At any time before or during a hearing, the Professional Conduct Committee may, on its own motion or on the motion of a party to the hearing, amend or alter the notice of hearing for any of the following reasons: (

a) to correct an alleged defect in substance or form, (

b) to make the notice conform to the evidence, if there appears to be a difference between the evidence and the notice or if the evidence discloses any of the following that is not stated in the notice: (

i) potential professional misconduct, (ii) conduct unbecoming the profession, (iii) incapacity or incompetence.

(2) A respondent must be given an opportunity to prepare an answer to an amendment or alteration to a notice of hearing made by the Professional Conduct Committee.

(3) After receiving a respondent’s answer under subsection (2), the Professional Conduct Committee may decide that an amendment or alteration to the notice of hearing should not be made and, if considered appropriate, may refer any new allegations to the Registrar for processing in accordance with

Section 27. Public notice of hearing 38 The College must give public notice of any scheduled hearings, through its website or any alternate means the College considers appropriate, including notice of all of the following: (

a) the date, time and location of a hearing; (

b) reference to any application being ma de for an order under subsection 39(2). Attendance at hearing 39

(1) Except as provided in subsection (2) or (3), a hearing is open to the public.

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(2) At the request of a party, the Professional Conduct Committee may order that the public, in whole or in part, be excluded from a hearing or any part of it if the Professional Conduct Committee is satisfied that any of the following apply: (

a) personal, medical, financial or other matters that may be disclosed at the hearing are of such a nature that avoiding public disclosure of those matters in the interest of the public or any person affected outweighs adhering to the principle that hearings should be open to the public; (

b) the safety of any person may be je opardized by permitting public attendance.

(3) The Professional Conduct Committee may make an order that the public be excluded from a part of a hearing that deals with a request for an order to exclude the public in whole or in part under subsection (2).

(4) The Professional Conduct Committee may make any orders that it considers necessary, including orders prohibiting publication or broadcasting, to prevent the public disclosure of matters disclosed in a hearing or in any part of a hearing dealing with an order under subsection (2) or (3).

(5) Subject to any order made under this Section, the Professional Conduct Committee must state at a hearing its reasons for any order made under this Section. Hearing procedures 40

(1) A complainant cannot participate as a party at a hearing.

(2) The Professional Conduct Committee may determine any additional rules of procedure for hearings that are not covered by the Act or these regulations.

(3) Witnesses at a hearing must testify under oath or affirmation.

(4) An oath or affirmation taken at a hearing may be administered by any member of the Professional Conduct Committee or other person in attendance authorized by law to administer oaths or affirmations.

(5) The Professional Conduct Committee may require a respondent to do one or more of the following during a hearing: (

a) submit to physical or mental examinations by a qualified person or persons designated by the Professional Conduct Committee and authorize examination reports to be given to the Professional Conduct Committee; (

b) submit to a review of the respondent’s practi ce by a qualified person or persons designated by the Professional Conduct Committee and authorize a copy of the review to be given to the Professional Conduct Committee; (

c) submit to a competence assessment or othe r assessment or examination the Professional Conduct Committee directs to determine whether the respondent is competent to practise respiratory therapy and authorize the assessment report or examination to be given to the Professional Conduct Committee; (

d) produce any records kept about the respondent’s practice that the Professional Conduct Committee considers appropriate.

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(6) If a respondent fails to comply with a requirement under subsection (5), the Professional Conduct Committee may order that the respondent be suspended until the respondent complies.

(7) The expenses incurred for a respondent to comply with a requirement under subsection (5) must be initially paid by the College, but may be awarded as costs against a respondent under

Section 48. Respondent fails to attend hearing 41 After receiving proof of service of the notice of hearing in accordance with

Section 47 of the Act, the Professional Conduct Committee may proceed with a hearing in a respondent’s absence and take any action authorized under the Act and these regulations without further notice to the respondent. Subpoenaed witness fees 42 Witnesses who are present under subpoena at a hearing are entitled to the same allowances as witnesses attending a trial of an action in the Supreme Court of Nova Scotia. Recording evidence at hearing 43

(1) All evidence presented at a hearing must be recorded by a person authorized by the College.

(2) Evidence may be presented at a hearing in any manner that the Professional Conduct Committee considers appropriate, and the committee is not bound by the rules of law respecting evidence applicable to judicial proceedings. Preserving evidence 44 Evidence obtained by the Professional Conduct Committee and information obtained by the Complaints Committee or an investigator for a complaint that has not been dismissed by the Complaints Committee must be preserved at least 5 years from the date the evidence is presented or the information is obtained.

Disposition by Professional Conduct Committee 45 If the Professional Conduct Committee finds professional misconduct, conduct unbecoming a respiratory therapist, incompetence or incapacity on the part of a respondent, the Professional Conduct Committee may do one or more of the following and must include orders for it in the Committee’s disposition of the matter: (

a) revoke the respondent’s registration or licen ce and remove the respondent’s name from the appropriate rosters; (

b) for a respondent who held a temporary li cence or a temporary licence with conditions or restrictions at the time of the incident giving rise to the complaint, revoke the respondent’s ability to obtain registration, or require the respondent to comply with any conditions or restrictions imposed by the Committee if registration is granted; (

c) authorize the respondent to resign from the Re gister and remove the respondent’s name from the rosters where the name is entered; (

d) suspend the respondent’s licence for a specifi ed period of time and remove the respondent’s name from the rosters where the name is entered; (

e) suspend the respondent’s ability to obtain a licence for a specified period of time; (

f) suspend the respondent’s licence pending the satis faction and completion of any conditions the Professional Conduct Committee orders;

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g) impose any restrictions or conditions or both on the respondent’s licence for a specified period of time; (

h) reprimand the respondent and direct that the reprimand be recorded in the records of the College; (

i) direct the respondent to pass a particular course of study or satisfy the Professional Conduct Committee or any other committee established under the Act of the respondent’s general competence to practise respiratory therapy or competence in a particular field of practice; (

j) for findings that involve practising respiratory therapy while not holding a valid licence to practise, direct the respondent to pay a fine in an amount determined by the Professional Conduct Committee; (

k) publish or disclose its findings in accordance with the Act and these regulations. Written decision of Professional Conduct Committee 46 The Professional Conduct Committee must prepare a written report of its decision that includes the reasons for the decision, and must provide copies of its decision or information from its decision in accordance with

Section 47. Disclosing and publishing decisions 47

(1) Except as prohibited by any publication bans, the Professional Conduct Committee may disclose or publish a decision or part of a decision that dismisses a complaint, in the manner determined by the Professional Conduct Committee.

(2) Except as prohibited by any publication bans, the Registrar must do all of the following for any licensing sanction that is issued other than through a hearing: (

a) make the appropriate entries in the Register a nd the rosters of the College and, if applicable, on the licence of the member; (

b) publish a

summary of the decision in all of the following: (

i) the College website; (ii) the professional conduct digest retained by the College and available to the public; (iii) any official publication determined by the Professional Conduct Committee; (

c) notify registering bodies in other Canadian resp iratory therapy jurisdictions and in the original jurisdiction and other known jurisdictions where the member has practised of the licensing sanction ordered, and include any other information requested by the other licensing jurisdictions; (

d) give the respondent a copy of the decision; (

e) give some or all of the decision as permitted by the Professional Conduct Committee to the complainant; (

f) give a

summary of the decision, parts of the decision or notice of the decision to any other persons the committee making the decision directs.

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(3) Subject to subsection (4), the

summary of a decision required by subsection (2) must be prepared by the College and must contain all of the following information: (

a) the member’s name, city or town of residence, registration number; (

b) the provision of the Act or the regulations under which the licensing sanction is issued; (

c) the date of the decision; (

d) the allegations that were upheld by th e Professional Conduct Committee or the Complaints Committee or, for a consent revocation, the allegations that were either admitted by or not contested by the respondent; (

e) whether the allegations amounted to professional misconduct, conduct unbecoming, incompetence, or incapacity; (

f) the disposition ordered by the Complaints Committee or the Professional Conduct Committee; (

g) the reasons for the decision; (

h) any information the College considers necessary to meet the objects of the College.

(4) If a complaint is resolved without a hearing and the allegations have been found to constitute incapacity, the specific nature of the incapacity must not be included in the

summary of the decision under subsection (3).

(5) Except as prohibited by any publication bans, the Registrar must do all of the following for any licensing sanction that is issued following resolution of a complaint through a hearing: (

a) make the appropriate entries in the Register a nd the rosters of the College and, if applicable, on the licence of the member; (

b) publish a

summary of the decision on the Colle ge website and in any official publication determined by the Professional Conduct Committee; (

c) notify registering bodies in other Canadian resp iratory therapy jurisdictions and in the original jurisdiction and other known jurisdictions where the member has practised of the licensing sanction ordered, and include any other information requested by the other licensing jurisdictions; (

d) give a copy of the decision to the respondent; (

e) give some or all of the decision to the complainant, as permitted by the Professional Conduct Committee; (

f) give some or all of the decision to the relevant employer or employers as permitted by the Professional Conduct Committee; (

g) publish a copy of the full decision in the pr ofessional conduct digest of the College and make the professional conduct digest available to the public;

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h) give copies of the decision, a

summary of the decision, parts of the decision or notice of the decision to the public or any other persons, as the Professional Conduct Committee considers necessary. Costs awarded after hearing 48

(1) For purposes of this Section, “costs” includes all of the following: (

a) expenses incurred by the College in the investigation of a complaint; (

b) expenses incurred by the College for the ac tivities of the Complaints Committee and the Professional Conduct Committee; (

c) expenses incurred under subsections 30(1) or [Section 30 or subsection] 40(7); (

d) the College’s solicitor and client costs, in cluding disbursements and HST, relating to the investigation and hearing of a complaint, including those of College counsel and counsel for the Professional Conduct Committee; (

e) fees for retaining a court reporter and pr eparing transcripts of the proceedings; (

f) travel costs and reasonable expenses of an y witnesses, including expert witnesses, required to appear at a hearing.

(2) Except when awarded costs under this Section, a respondent is responsible for all expenses incurred in their defence.

(3) If the Professional Conduct Committee finds professional misconduct, conduct unbecoming the profession, incompetence or incapacity on the part of the respondent, it may order that the respondent pay costs in whole or in part.

(4) If the Professional Conduct Committee considers that a hearing was not necessary, it may order the College to pay some or all of the respondent’s legal costs.

(5) The Registrar may suspend the licence of any respondent who fails to pay the costs within the time ordered until payment is made or satisfactory arrangements for payment are made. Applications for re-instatement 49

(1) An application for re-instatement of registration or a licence must be sent in writing to the Registrar together with the applicable application fee.

(2) An application must include any information the Re-instatement Committee requires to assist it in determining whether the objects of the professional conduct process will be met if re-instatement is granted. Investigation concerning re-instatement application 50

(1) On receiving a re-instatement application, the Registrar may request that an investigation be conducted to gather relevant and appropriate information concerning the application.

(2) A person who conducts an investigation must give a written report to the Re-instatement Committee and the applicant that contains all material relevant to the application, including the decision of the Professional Conduct Committee that revoked the applicant’s registration or licence, and any relevant information gathered during the investigation.

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(3) The Re-instatement Committee must set a date for a re-instatement application and must advise the applicant of the date.

(4) The parties to a re-instatement application are the College and the applicant for re-instatement.

(5) Evidence before the Re-instatement Committee must be taken under oath or affirmation and must be recorded, and is subject to cross-examination Attendance at re-instatement application 51

(1) Except as provided in subsection (2) or (3), a re-instatement application is open to the public.

(2) At the request of a party, the Re-instatement Committee may order that the public, in whole or in part, be excluded from a re-instatement application or any part of it if the Re-instatement Committee is satisfied that any of the following apply: (

a) personal, medical, financial or other matters that may be disclosed at the application for re-instatement are of such a nature that avoiding public disclosure of those matters in the interest of the public or any person affected outweighs adhering to the principle that applications for re-instatement should be open to the public; (

b) the safety of any person may be je opardized by permitting public attendance.

(3) The Re-instatement Committee may make an order that the public be excluded from a part of a re-instatement application that deals with a request for an order to exclude the public in whole or in part under subsection (2).

(4) The Re-instatement Committee may make any orders that it considers necessary, including orders prohibiting publication or broadcasting, to prevent the public disclosure of matters disclosed in a re- instatement application or in any part of a re-instatement application dealing with an order under subsection (2) or (3).

(5) Subject to any order made under this Section, the Re-instatement Committee must state at a re- instatement application its reasons for any order made under this Section. Public notice of application for re-instatement 52 The College must give public notice of any scheduled applications for re-instatement through its website or any alternate means the College considers appropriate, including notice of all of the following: (

a) the date, time and location of a re-instatement application; (

b) reference to any application being ma de for an order under subsection 51(2). Decision of Re-instatement Committee 53

(1) After considering the evidence and the representations from an applicant and the College representative, the Re-instatement Committee must decide to accept or reject the applicant’s re- instatement application and communicate its decision, together with reasons, in writing to the applicant and to the Registrar.

(2) If the Re-instatement Committee accepts a re-instatement application, the Committee may impose any terms and conditions it considers appropriate relating to the re-instatement of the applicant, and the applicant must satisfy all criteria required for a licence.

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(3) Except as provided in subsection (4), a decision of the Re-instatement Committee concerning a re- instatement application is final.

(4) An applicant may resubmit a re-instatement application after 1 year has passed since the date of the Re-instatement Committee’s initial decision to reject their application, or after a longer period determined by the Re-instatement Committee that rejected the initial application. Costs of re-instatement application 54

(1) For purposes of this Section, “costs” includes all of the following: (

a) expenses incurred by the College in the inv estigation of a re-instatement application; (

b) expenses incurred by the College for the activities of the Re-instatement Committee; (

c) the College’s solicitor and client costs, including disbursements and HST, relating to a re-instatement application, including those of College counsel and counsel for the Re- instatement Committee; (

d) fees for retaining a court reporter and preparing transcripts of the proceedings; (

e) travel costs and reasonable expenses of an y witnesses, including expert witnesses, required to appear at a re-instatement application.

(2) An applicant for re-instatement is responsible for all expenses incurred in the re-instatement application.

(3) Whether the application is accepted or rejected, the Re-instatement Committee may recover costs from the applicant.

(4) The Registrar may suspend the licence of any person whose licence is being re-instated and who fails to pay the costs within the time ordered until payment is made or satisfactory arrangements for payment are made. N.S. Reg. 461/2007 Made: December 21, 2007 Filed: December 21, 2007 Proclamation, S. 4, S.N.S. 2007, c. 49 Order in Council 2007-664 dated December 21, 2007 Proclamation made by the Governor in Council pursuant to

Section 4 of

An Act to Amend

Chapter 340 of the Revised Statutes, 1989, the Pension Benefits Act The Governor in Council on the report and recommendation of the Minister of Environment and Labour dated December 17, 2007, pursuant to

Section 4 of

Chapter 49 of the Acts of 2007,

An Act to Amend

Chapter 340 of the Revised Statutes, 1989, the Pension Benefits Act, is pleased to order and declare by proclamation that

Chapter 49 of the Acts of 2007,

An Act to Amend

Chapter 340 of the Revised Statutes, 1989, the Pension Benefits Act, do come into force on and not before December 21, 2007.

N.S. Reg. 461/2007 Royal Gazette

Part II - Regulations Vol. 32, No. 1 © NS Registry of Regulations. Web version. 25 PROVINCE OF NOVA SCOTIA sgd: Mayann Francis G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 4 of

Chapter 49 of the Acts of 2007,

An Act to Amend

Chapter 340 of the Revised Statutes, 1989, the Pension Benefits Act, it is enacted as follows: 4 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 49 of the Acts of 2007,

An Act to Amend

Chapter 340 of the Revised Statutes, 1989, the Pension Benefits Act, do come into force on and not before December 21, 2007; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 49 of the Acts of 2007,

An Act to Amend

Chapter 340 of the Revised Statutes, 1989, the Pension Benefits Act, do come into force on and not before December 21, 2007, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia.

AT Our Government House in the Halifax Regional Municipality, this 21st day of December in the year of Our Lord two thousand and eight and in the fifty-sixth year of Our Reign. BY COMMAND: sgd: Cecil P. Clarke Provincial Secretary Minister of Justice and Attorney General

N.S. Reg. 462/2007 Royal Gazette

Part II - Regulations Vol. 32, No. 1 26 © NS Registry of Regulations. Web version. N.S. Reg. 462/2007 Made: December 20, 2007 Filed: December 27, 2007 Prescribed Petroleum Products Prices Order dated December 20, 2007 made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 14 of the Petroleum Products Pricing Act In the Matter of

Section 14 of

Chapter 11 of the Acts of 2005 the Petroleum Products Pricing Act - and - In the Matter of Sections 14 to 18 of the Petroleum Products Pricing Regulations made by the Governor in Council pursuant to

Section 14 of the Petroleum Products Pricing Act - and - In the Matter of an Order Prescribing Prices for Petroleum Products made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 14 to 18 of the Petroleum Products Pricing Regulations Order I, Jamie Muir, Minister of Service Nova Scotia and Municipal Relations for the Province of Nova Scotia, pursuant to

Section 14 of

Chapter 11 of the Acts of 2005, the Petroleum Products Pricing Act, and Sections 14 to 18 of the Petroleum Products Pricing Regulations, hereby (

a) repeal the Order dated December 13 2007, which prescribed prices December 14, 2007; and (

b) prescribe prices for petroleum products in the Pr ovince as set forth in the tables in

Schedule “A”. This Order is effective on and after 12:01 a.m. on December 21, 2007. Made at Halifax, in the Halifax Regional Municipality, Nova Scotia, on December 20, 2007. Sgd.: Jamie Muir Honourable Jamie Muir Minister of Service Nova Scotia and Municipal Relations

Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on December 21, 2007 Table 1: Benchmark Prices for Regulated Petroleum Products (cents/litre) Regular unleaded gasoline 62.7 Mid-grade unleaded gasoline 65.7 Premium unleaded gasoline 68.7 Ultra low-sulfur diesel oil 70.3

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Web version. 27 Table 2: Fixed Wholesale Prices, Retail Mark-ups and Retail Prices for Regulated Petroleum Products (cents/litre) Retail Mark-up Retail Price (includes all taxes) Self-Service Full-Service Self-Service Full-Service Fixed Wholesale Price (excludes GST) Min Max Min Max Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 94.5 97.5 100.5 96.0 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 112.3 115.7 119.1 114.0 114.0 117.4 120.8 115.7 112.3 115.7 119.1 114.0 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 94.9 97.9 100.9 96.4 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 112.7 116.2 119.6 114.5 114.5 117.9 121.3 116.2 112.7 116.2 119.6 114.5 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 95.4 98.4 101.4 96.9 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 113.3 116.7 120.2 115.0 115.0 118.4 121.9 116.7 113.3 116.7 120.2 115.0 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 95.4 98.4 101.4 96.9 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 113.3 116.7 120.2 115.0 115.0 118.4 121.9 116.7 113.3 116.7 120.2 115.0 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 95.4 98.4 101.4 96.9 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 113.3 116.7 120.2 115.0 115.0 118.4 121.9 116.7 113.3 116.7 120.2 115.0 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 96.2 99.2 102.2 97.7 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 114.2 117.6 121.1 115.9 115.9 119.4 122.8 117.6 114.2 117.6 121.1 115.9 999.9 999.9 999.9 999.9