Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 40, No. 13 June 24, 2016 Contents Act Reg. No.

Page Cemetery and Funeral Services Act Proclamation of amendments to Act, S. 27, S.N.S. 2014, c. 10.. . . . . . . . . . . . . . . . . . . . . . 113/2016 614 Cemetery and Funeral Services Regulations–amendment.. . . . . . . . . . . . . . . . . . . . . . . . . . 115/2016 618 Operators of Crematoria Regulations–replacement.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116/2016 627 Community Interest Companies Act Proclamation of Act, S. 29, S.N.S. 2012, c. 38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119/2016 637 Community Interest Companies Regulations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121/2016 640 Education Act Electoral Districts and Number of Members Order: Tri-County Regional School Board. . 107/2016 581 Electricity Act Board Electricity Retailers Regulations (Nova Scotia). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111/2016 587 Embalmers and Funeral Directors Act Proclamation of amendments to Act, S. 27, S.N.S. 2014, c. 10.. . . . . . . . . . . . . . . . . . . . . . 113/2016 614 Proclamation of amendments to Act, S. 11, S.N.S. 2014, c. 47.. . . . . . . . . . . . . . . . . . . . . . 114/2016 616 Embalmers and Funeral Directors Regulations–amendment.. . . . . . . . . . . . . . . . . . . . . . . . 117/2016 629 Embalmers and Funeral Directors Regulations–amendment.. . . . . . . . . . . . . . . . . . . . . . . . 118/2016 631 Environment Act Activities Designation Regulations–amendment.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120/2016 639 Natural Products Act Chicken Farmers of Nova Scotia Regulations–amendment.. . . . . . . . . . . . . . . . . . . . . . . . . 112/2016 603 Petroleum Products Pricing Act Prescribed Petroleum Products Prices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106/2016 579 Prescribed Petroleum Products Prices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110/2016 585 © NS Office of the Registrar of Regulations.

Web version. 577

Summary Proceedings Act

Summary Offence Tickets Regulations–amendment.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108/2016 581

Summary Offence Tickets Regulations–amendment.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109/2016 583 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. 578

N.S. Reg. 106/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 N.S. Reg. 106/2016 Made: June 2, 2016 Filed: June 3, 2016 Prescribed Petroleum Products Prices Order dated June 2, 2016 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 M07491 - 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: Peter W. Gurnham, Q.C., Chair

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 retail margin and transportation allowance effective January 6, 2012, in its decision, 2011 NSUARB 181, issued on November 23, 2011; 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 average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended June 1, 2016, are: Grade 1 Regular gasoline 55.1¢ per litre Ultra-low-sulfur diesel oil 51.3¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 55.1¢ per litre Grade 2 58.1¢ per litre Grade 3 61.1¢ per litre Ultra-low-sulfur diesel oil 51.3¢ 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 0.9¢ per litre Ultra-low-sulfur diesel oil: plus 1.2¢ per litre 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., June 3, 2016. © NS Office of the Registrar of Regulations. Web version. 579

N.S. Reg. 106/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 Dated at Halifax, Nova Scotia, this 2nd day of June, 2016. 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 June 3, 2016 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 63.1 10.0 15.5 88.6 107.4 109.5 107.4 999.9 Mid-Grade Unleaded 66.1 10.0 15.5 91.6 110.9 112.9 110.9 999.9 Premium Unleaded 69.1 10.0 15.5 94.6 114.3 116.4 114.3 999.9 Ultra-Low-Sulfur Diesel 59.6 4.0 15.4 79.0 96.4 98.4 96.4 999.9 Zone 2 Regular Unleaded 63.6 10.0 15.5 89.1 108.0 110.1 108.0 999.9 Mid-Grade Unleaded 66.6 10.0 15.5 92.1 111.4 113.5 111.4 999.9 Premium Unleaded 69.6 10.0 15.5 95.1 114.9 117.0 114.9 999.9 Ultra-Low-Sulfur Diesel 60.1 4.0 15.4 79.5 96.9 99.0 96.9 999.9 Zone 3 Regular Unleaded 64.0 10.0 15.5 89.5 108.4 110.5 108.4 999.9 Mid-Grade Unleaded 67.0 10.0 15.5 92.5 111.9 114.0 111.9 999.9 Premium Unleaded 70.0 10.0 15.5 95.5 115.3 117.4 115.3 999.9 Ultra-Low-Sulfur Diesel 60.5 4.0 15.4 79.9 97.4 99.5 97.4 999.9 Zone 4 Regular Unleaded 64.1 10.0 15.5 89.6 108.6 110.6 108.6 999.9 Mid-Grade Unleaded 67.1 10.0 15.5 92.6 112.0 114.1 112.0 999.9 Premium Unleaded 70.1 10.0 15.5 95.6 115.5 117.5 115.5 999.9 Ultra-Low-Sulfur Diesel 60.6 4.0 15.4 80.0 97.5 99.6 97.5 999.9 Zone 5 Regular Unleaded 64.1 10.0 15.5 89.6 108.6 110.6 108.6 999.9 Mid-Grade Unleaded 67.1 10.0 15.5 92.6 112.0 114.1 112.0 999.9 Premium Unleaded 70.1 10.0 15.5 95.6 115.5 117.5 115.5 999.9 Ultra-Low-Sulfur Diesel 60.6 4.0 15.4 80.0 97.5 99.6 97.5 999.9 Zone 6 Regular Unleaded 64.8 10.0 15.5 90.3 109.4 111.4 109.4 999.9 Mid-Grade Unleaded 67.8 10.0 15.5 93.3 112.8 114.9 112.8 999.9 Premium Unleaded 70.8 10.0 15.5 96.3 116.3 118.3 116.3 999.9 Ultra-Low-Sulfur Diesel 61.3 4.0 15.4 80.7 98.3 100.4 98.3 999.9 © NS Office of the Registrar of Regulations.

Web version. 580

N.S. Reg. 107/2016 - 108/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 N.S. Reg. 107/2016 Made: June 1, 2016 Filed: June 6, 2016 Electoral Districts and Number of Members Order: Tri-County Regional School Board Order dated June 1, 2016 made by the Nova Scotia Utility and Review Board pursuant to

Section 44 of the Education Act Order M07219 Nova Scotia Utility and Review Board In the matter of the Education Act - and ­ In the matter of an application by the Tri-county Regional School Board to confirm the number of school board members and electoral districts and to confirm the boundaries of the electoral districts Before: Murray E.

Doehler, CPA, CA, P.Eng., Member An application having been made by the Tri-County Regional School Board pursuant to S. 43 of the Education Act and the Board having issued its decision on June 1, 2016; It is hereby ordered that the number of school board members and electoral districts are confirmed at nine and the boundaries of the electoral districts are confirmed. Dated at Halifax, Nova Scotia this 1st day of June, 2016. sgd: Elaine Wagner Clerk of the Board N.S. Reg. 108/2016 Made: June 7, 2016 Filed: June 8, 2016

Summary Offence Tickets Regulations–amendment Order dated June 7, 2016 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, Diana Whalen, 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, hereby © NS Office of the Registrar of Regulations. Web version. 581

N.S. Reg. 108/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 (

a) amend

Schedule 9A 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, to designate certain offences under the Dangerous Goods Management Regulations, N.S. Reg. 56/95, made by the Governor in Council by Order in Council 95-295 dated April 11, 1995, as

summary offence ticket offences, in the manner set forth in the attached

Schedule “A”; and (

b) order and direct 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. 281/2011, as set forth in the attached

Schedule “A”, is the amount of the out-of-court settlement set out opposite the description for the offence, and includes the charge provided for in, and in accordance with, Sections 8 and 9 of the Act. This order is effective on and after June 7, 2016. Dated and made June 7, 2015, at Halifax, Halifax Regional Municipality, Province of Nova Scotia. sgd: Diana Whalen Honourable Diana Whalen Attorney General and Minister of Justice

Schedule “A” Amendment to the

Summary Offence Tickets Regulations made by the Attorney General and Minister of Justice pursuant to

Section 8 of

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

Summary Proceedings Act 1

Schedule 9A 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 under the heading “Dangerous Goods Management Regulations” by (

a) repealing item 1 and substituting the following item: 1 Disposing of PCB waste by burying in landfill or in ground 6(1) $697.50 (

b) repealing items 17 and 18. 2

Schedule 9A to the regulations is further amended by repealing the heading “PCB Management Regulations” and all items under that heading. © NS Office of the Registrar of Regulations. Web version. 582

N.S. Reg. 109/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 N.S. Reg. 109/2016 Made: June 7, 2016 Filed: June 8, 2016

Summary Offence Tickets Regulations–amendment Order dated June 7, 2016 Amendment to regulations made by the Attorney General and Minister of Justice pursuant to Sections 8 and 8A of the

Summary Proceedings Act Order Made under Sections 8 and 8A of

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

Summary Proceedings Act I, Diana Whalen, Attorney General and Minister of Justice for the Province of Nova Scotia, pursuant to Sections 8 and 8A 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, to do the following: (

a) update the designated parking infraction ticket offences set out in

Schedule PT to the regulations in the manner set out in

Schedule “A”; (

b) update the designated offences under the Motor Vehicle Act set out in

Schedule 4 to the regulations in the manner set out in

Schedule “A”; (

c) update the designated offences under Motor Vehicle Act regulations set out in

Schedule 4A to the regulations in the manner set out in

Schedule “A”; (

d) order and direct 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. 281/2011, as set forth in the attached

Schedule “A”, is the out-of-court settlement amount listed or indicated by category letter in the out-of-court settlement column set out opposite the description for the offence, and includes the charge provided for in, and in accordance with, Sections 8 and 9 of the Act. Dated and made June 7, 2016, at Halifax, Halifax Regional Municipality, Province of Nova Scotia. sgd: Diana Whalen Honourable Diana Whalen Attorney General and Minister of Justice

Schedule “A” Amendment to the

Summary Offence Tickets Regulations made by the Attorney General and Minister of Justice pursuant to

Section 8 of

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

Summary Proceedings Act

Schedule PT 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 adding “(parking)” immediately after the offence category indicated in the out of court settlement column in each of the © NS Office of the Registrar of Regulations. Web version. 1 583

N.S. Reg. 109/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 following items: (

a) items 1 to 44 [4] and 21 to 43 under the heading “Motor Vehicle Act”; (

b) item 1 under the heading “Halifax Regional Municipality Winter Parking Regulations”; (

c) items 1 to 3 under the heading “Winter Parking Ban Regulations”. 2

Schedule 4 to the regulations is amended by (

a) adding the following item immediately after item 62A: 62B Unqualified person occupying front seat holding themself 69A(2) C out as supervising driver (

b) striking out items 67, 68, 118, and 119; (

c) striking out the description of the offence in item 295 and substituting “Riding on or operating (specify) bicycle or personal transporter without wearing required helmet or with improperly secured helmet (specify)”; (

d) striking out the words after “bicycle” in the description of the offence in item 269 [296] and substituting “or personal transporter without wearing required helmet”; (

e) striking out “172A(1)(d)” in item 305G and substituting “172B(1)(d)”; (

f) striking out the description of the offence in item 305N and substituting “Operator of personal transporter making left turn on roadway other than at crosswalk”; (

g) striking out “Failing” in the description of the offence in item 354B and substituting “Operator of personal transporter failing”. 3

Schedule 4A to the regulations is amended by striking out “May” in the description of the offence in item 1 under the heading “Studded Tires Regulations” and substituting “June”. © NS Office of the Registrar of Regulations. Web version. 584

N.S. Reg. 110/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 N.S. Reg. 110/2016 Made: June 9, 2016 Filed: June 10, 2016 Prescribed Petroleum Products Prices Order dated June 9, 2016 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 M07514 - 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: Roland A. Deveau, Q.C., Vice-chair

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 retail margin and transportation allowance effective January 6, 2012, in its decision, 2011 NSUARB 181, issued on November 23, 2011; 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 average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended June 8, 2016, are: Grade 1 Regular gasoline 53.9¢ per litre Ultra-low-sulfur diesel oil 51.5¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 53.9¢ per litre Grade 2 56.9¢ per litre Grade 3 59.9¢ per litre Ultra-low-sulfur diesel oil 51.5¢ per litre And

now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: plus 0.4¢ per litre Ultra-low-sulfur diesel oil: plus 0.9¢ per litre 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., June 10, 2016. © NS Office of the Registrar of Regulations. Web version. 585

N.S. Reg. 110/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 Dated at Halifax, Nova Scotia, this 9th day of June, 2016. sgd: Doreen Friis 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 June 10, 2016 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 61.5 10.0 15.5 87.0 105.6 107.6 105.6 999.9 Mid-Grade Unleaded 64.5 10.0 15.5 90.0 109.0 111.1 109.0 999.9 Premium Unleaded 67.5 10.0 15.5 93.0 112.5 114.5 112.5 999.9 Ultra-Low-Sulfur Diesel 59.6 4.0 15.4 79.0 96.4 98.4 96.4 999.9 Zone 2 Regular Unleaded 62.0 10.0 15.5 87.5 106.1 108.2 106.1 999.9 Mid-Grade Unleaded 65.0 10.0 15.5 90.5 109.6 111.7 109.6 999.9 Premium Unleaded 68.0 10.0 15.5 93.5 113.0 115.1 113.0 999.9 Ultra-Low-Sulfur Diesel 60.1 4.0 15.4 79.5 96.9 99.0 96.9 999.9 Zone 3 Regular Unleaded 62.4 10.0 15.5 87.9 106.6 108.7 106.6 999.9 Mid-Grade Unleaded 65.4 10.0 15.5 90.9 110.1 112.1 110.1 999.9 Premium Unleaded 68.4 10.0 15.5 93.9 113.5 115.6 113.5 999.9 Ultra-Low-Sulfur Diesel 60.5 4.0 15.4 79.9 97.4 99.5 97.4 999.9 Zone 4 Regular Unleaded 62.5 10.0 15.5 88.0 106.7 108.8 106.7 999.9 Mid-Grade Unleaded 65.5 10.0 15.5 91.0 110.2 112.2 110.2 999.9 Premium Unleaded 68.5 10.0 15.5 94.0 113.6 115.7 113.6 999.9 Ultra-Low-Sulfur Diesel 60.6 4.0 15.4 80.0 97.5 99.6 97.5 999.9 Zone 5 Regular Unleaded 62.5 10.0 15.5 88.0 106.7 108.8 106.7 999.9 Mid-Grade Unleaded 65.5 10.0 15.5 91.0 110.2 112.2 110.2 999.9 Premium Unleaded 68.5 10.0 15.5 94.0 113.6 115.7 113.6 999.9 Ultra-Low-Sulfur Diesel 60.6 4.0 15.4 80.0 97.5 99.6 97.5 999.9 Zone 6 Regular Unleaded 63.2 10.0 15.5 88.7 107.5 109.6 107.5 999.9 Mid-Grade Unleaded 66.2 10.0 15.5 91.7 111.0 113.0 111.0 999.9 Premium Unleaded 69.2 10.0 15.5 94.7 114.4 116.5 114.4 999.9 Ultra-Low-Sulfur Diesel 61.3 4.0 15.4 80.7 98.3 100.4 98.3 999.9 © NS Office of the Registrar of Regulations.

Web version. 586

N.S. Reg. 111/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 N.S. Reg. 111/2016 Made: June 10, 2016 Filed: June 13, 2016 Board Electricity Retailers Regulations (Nova Scotia) Order dated June 10, 2016 regulations made by the Nova Scotia Utility and Review Board pursuant to subsection 5(1B) of the Electricity Act Order M06214 Nova Scotia Utility and Review Board In the matter of the Electricity Act - and ­ In the matter of a hearing concerning the sale of renewable low-impact electricity generated within Nova Scotia by a retail seller to a retail customer pursuant to the Electricity Act BEFORE: Peter W. Gurnham, Q.C., Chair Roland A. Deveau, Q.C., Vice-Chair Kulvinder S. Dhillon, P. Eng., Member Order

Whereas the Electricity Reform Act, S.N.S. 2013, c. 34, amended the Electricity Act to enable the purchase and sale of renewable low-impact electricity generated in Nova Scotia from licensed “retail suppliers” to “retail customers”, which are terms defined in the Act; And

whereas

Section [subsection] 5(1B) of the Act provides [that] the Nova Scotia Utility and Review Board (“Board”) may make regulations: (

a) prescribing the form and manner of applying, and the procedure for considering an application, for a retail supplier licence or an amendment to a retail supplier licence; (

b) prescribing fees relating to any matter provided for in the Act or the regulations; (

c) prescribing the terms and conditions of a retail supplier licence; (

d) respecting the amendment, suspension, reinstatement or cancellation of a retail supplier licence; (

e) respecting the transfer or assignment of a retail supplier licence; And

whereas a public hearing was held on Monday, January 18, 2016, and Tuesday, January 19, 2016, following a timeline to accommodate information requests and the filing of evidence by the intervenors; And

whereas the Board issued its decision (2016 NSUARB 33) which directed ECI to file revised Board Electricity Retailers Regulations (Nova Scotia) to reflect the findings in the Board decision, which ECI filed with the Board on June 1, 2016; It is hereby ordered that the Board Electricity Retailers Regulations (Nova Scotia) made pursuant to

Section [subsection] 5(1B) of the Electricity Act, S.N.S. 2004, c. 253, are approved as set out in Appendix “A” to this order; It is further ordered that the Board directs the Clerk of the Board to file the Board Electricity Retailers Regulations (Nova Scotia) with the Registry of Regulations; It is further ordered that the Board Electricity Retailers Regulations (Nova Scotia) shall take effect upon filing with the Registry of Regulations. © NS Office of the Registrar of Regulations. Web version. 587

N.S. Reg. 111/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 Dated at Halifax, Nova Scotia, this 10th day of June, 2016. sgd: Doreen Friis Clerk of the Board [Note: The style of numbering and letting provisions throughout these regulations has been modified to omit redundant numbers in accordance with Nova Scotia legislative standards.] Appendix “A” Board Electricity Retailers Regulations (Nova Scotia) enacted under the Electricity Act Prepared by Energy Consultants International, Inc. Brady Ryall, P.Eng. [Citation] 1 These regulations may be cited as the Board Electricity Retailers Regulations (Nova Scotia) .

Definitions 2

(1) In these regulations, unless the context indicates otherwise, words and expressions have the same meaning as in the Electricity Act and the Renewable Electricity Regulations (Nova Scotia) enacted under s. [Section] 5 of the Act.

(2) In these regulations “account holder”, in relation to a premises, means the person listed on the account of NS Power for the delivery of electricity consumed at the premises, regardless of whether the person is a customer of a licence holder, in respect of the premises; “Act” means the Electricity Act; “behind-the-meter” means the sale of electricity from a renewable low-impact electricity generation facility which is directly connected to a load without using NS Power’s transmission or distribution facilities, including NS Power’s meter installed at the premises.

For greater certainty, the electricity that is sold from a renewable low-impact electricity generation facility to a directly-connected party is behind-the-meter, while electricity that is sold from the same facility to another party through the use of NS Power’s transmission or distribution facilities is not behind-the-meter; “blended rate” means the amount of money on a ¢/kilowatt-hour basis, inclusive of any fees or charges, to be paid by a customer to the retail supplier, but excluding distribution tariff charges, and is calculated as the total charges excluding distribution tariff charges to a customer over the compliance period divided by the total kilowatt hours of electricity consumed by the customer over the compliance period; “Board” means the Nova Scotia Utility and Review Board; “bundled-supply” means the account holder is supplied electricity by NS Power; “certification” means the electricity standard approval issued by the Minister to a renewable low-impact electricity generation facility under the Renewable Electricity Regulations; © NS Office of the Registrar of Regulations.

Web version. 588

N.S. Reg. 111/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 “code of conduct” means the code of conduct for the sale of renewable low-impact electricity approved by the Board; “compliance period” means the twenty-four month period commencing each January 1.

The initial compliance period shall commence on the date that a licence is approved and shall end December 31 of the following year; “compliance plan” means the forecast of renewable low-impact electricity sales to customers, purchases from renewable low-impact electricity generators, and generation from renewable low-impact electricity generation facilities owned or operated by the licence holder; “contract” means an agreement between a customer and a licence holder for the supply of renewable low-impact electricity to a single or multiple premises; “customer” means an account holder, other than an account holder served by a behind-the-meter installation, who consumes electricity on its premises that the account holder did not generate and (

a) with whom a licence holder has entered into a contract, or (

b) to whom a licence holder is marketing; “day” means calendar day, unless otherwise specified; “direct mail transaction” means a paper-based transaction (

a) initiated by a licence holder mailing or transmitting by facsimile documents to a customer, which mailing or transmitting may be solicited or unsolicited by the customer, or (

b) initiated by a customer obtaining the form of contract using electronic communication but does not include the completion of the contracting process through electronic communication; “disclosure statement” means the information document in the form approved from time to time by the Board pursuant to s. [Section] 46 of these regulations; “door-to-door transaction” means a transaction initiated by the attendance of a salesperson at the premises of a customer, whether or not this attendance was solicited or unsolicited by the customer; “electronic communication” means communication created, recorded, transmitted, or stored in digital form or in other intangible form by electronic, magnetic, or optical means or by any other means that has capabilities for creation, recording, transmission, or storage similar to those means.

Electronic communication is primarily conducted over the Internet and includes e-mail correspondence; “licence” means a retail supplier licence issued by the Board to a person to sell renewable low-impact electricity; “licence holder” means a person issued a licence by the Board; “marketing” means any activity pertaining to the sale of renewable low-impact electricity for the purpose of soliciting or inducing a customer to enter into a contract with a retail supplier, including providing an offer for the customer’s consideration, and includes in-person communication, direct © NS Office of the Registrar of Regulations.

Web version. 589

N.S. Reg. 111/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 mail communication, electronic communication, or telephone communication with customers, advertising, and any other means by which a retail supplier or its salespersons interact with a customer for the purpose of solicitation; “NS Power” means Nova Scotia Power, Inc.; “point of interconnection” has the same meaning as in the Standard Generator Interconnection Procedures and Generator Interconnection Agreement; “premises” means the building or portion of a building that is provided with electricity through a single meter; “rate” means the amount of money on a ¢/kilowatt-hour basis, plus any fees or charges, to be paid by a customer; “rate comparison” means the electricity rate comparison information in the form approved from time to time by the Board pursuant to s. [Section] 47 of these regulations that shows the rate offered by the retail supplier, the current rate charged by NS Power at the time of marketing, and any other information that the Board may require; “regulations” means [the] Board Electricity Retailers Regulations (Nova Scotia) enacted under the Act; “renewable low-impact electricity” has the same meaning as in the Renewable Electricity Regulations; “renewable low-impact electricity generation facility” has the same meaning as in the Renewable Electricity Regulations; “renewable low-impact electricity generator” has the same meaning as in the Renewable Electricity Regulations; “retail supplier” has the same meaning as under the Act; “salesperson” means a person who is employed by or otherwise conducts marketing on behalf of a licence holder, or makes representations to a customer on behalf of a licence holder, for the purpose of effecting sales of renewable low-impact electricity or entering into a contract with a customer; “small-volume customer” means a customer that qualifies for the domestic service or small general tariffs; “telemarketing” means marketing conducted by a licence holder using the telephone, but excludes the initiation of a direct mail transaction by a customer using the telephone; “top-up rate” means the rate charged by NS Power to the licence holder as the energy charge under the energy balancing services tariff for non-renewable electricity supplied by NS Power to a customer.

Interpretation 3

(1) Where a word or phrase is defined in these regulations or the Act, other parts of speech and grammatical forms of the word or phrase have a corresponding meaning.

(2) Headings are for convenience only and do not affect the

interpretation of these regulations. © NS Office of the Registrar of Regulations. Web version. 590

N.S. Reg. 111/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13

(3) Words importing the singular include the plural and vice versa. Words importing a gender include any gender.

(4) Where there is a reference to a number of days between two events in these regulations, the days shall be counted by excluding the day the first event happens and including the day the second event happens.

(5) The words “include” or “including” are not used, nor are they to be interpreted, as words of limitation. Requirement for retail supplier licence 4 In accordance with s. [Section] 3D of the Act, any person who acts or purports to act as a retail supplier shall hold a valid licence issued by the Board. Application for retail supplier licence 5

(1) An application for a licence shall be in the form attached (Appendix “A”) and shall be accompanied by the following: (

a) a cheque in the required amount of $7,500 payable to the Board; (

b) an irrevocable letter of credit from a recognized financial institution in the amount of $200,000 payable to the Board to secure performance and anticipated financial obligations of the proposed licence holder, or [an] equivalent financial instrument in the same amount payable to the Board if such substitution is approved by the Board; (

c) if the applicant is a company, proof of registration under the Corporations Registration Act, R.S.N.S. 1989, c. 101; (

d) full legal name, address, phone, facsimile, and e-mail contact information of any partner(

s) or parent company(

s) or organization(s); (

e) a listing of any company or organization principals with applicable titles (proprietor, partner, officer, director or controlling shareholder); (

f) written consents signed by each proprietor, partner, officer, director, and controlling shareholder authorizing the Board to conduct a credit review, in accordance with standard business practices; (

g) written consents signed by each proprietor, partner, officer, director, and controlling shareholder authorizing the Board to consult with all law enforcement agencies and obtain copies of any records pertaining to criminal convictions for which a pardon has not been granted, records of discharge, and records of outstanding criminal charges, such consents to release all such agencies, their members, and employees from any and all actions, claims and demands, loss, or injury which may result from the disclosure of information provided by them; (

h) audited financial statements covering the two immediately preceding fiscal years or, if the applicant has been formed within the preceding twelve months and audited financial statements are not available for at least one year, pro forma financial statements signed by the proprietor, partner, officer, director, or controlling shareholder of the applicant may be substituted. If audited financial statements are not available, unaudited financial statements may be accepted at the discretion of the Board; © NS Office of the Registrar of Regulations. Web version. 591

N.S. Reg. 111/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 (

i) the compliance plan including copies of the contractual arrangements with renewable low-impact electricity generators and copies of the certification required in s. [Section] 17. If contractual arrangements have not been executed, then a letter of intent from a renewable low-impact electricity generator to enter into a contract for renewable low-impact electricity supply may be accepted at the discretion of the Board; (

j) a written description of the applicant’s business background and experience relating to electricity retailing; (

k) a written description of the applicant’s general plans with respect to electricity retailing; and (

l) any other information which may be deemed necessary by the Board.

(2) Any variance from the requirements set out in ss. [subsection] 5 (1) shall be formally requested from and approved by the Board prior to an application being submitted. Term of licence 6 A licence shall have no expiration date but a licence holder shall be required to file annual statements as specified in s. [Section] 22 to confirm the accuracy of information previously filed with the Board regarding that licence holder or provide advice of any changes. Transfer or assignment of licence 7

(1) A licence may not be transferred or assigned without the written consent of the Board.

(2) A licence holder shall furnish the Board with any information requested by the Board in support of the proposed transfer or assignment of the licence.

(3) The fee for the transfer or assignment of a licence is $7,500.

(4) The Board may waive the fee set out in ss. [subsection] 7 (3) at its discretion.

(5) A licence holder shall inform NS Power of any application to the Board to transfer or assign a licence. Fees and costs 8

(1) As set out in ss. [clause] 5(1)(a), the fee for a licence application and first year of operation is $7,500 with annual filing fees of $1,500 in each successive year.

(2) Fees are payable to the Board when the application for [the] licence or annual statement as specified in s. [Section] 22 is filed with the Board.

(3) Costs relating to processing, investigations, infractions, inquiries, or enforcement activities which are incurred by the Board and exceed the fees received from a licence holder shall be reimbursed to the Board by the licence holder involved. Terms and conditions of licences 9 It shall be a term and condition of a licence that a licence holder shall be subject to and comply with (

a) the market rules, tariffs, and procedures approved by the Board; (

b) the Act, the Renewable Electricity Regulations , and these regulations; (

c) the code of conduct approved by the Board pursuant to s. [Section] 27; © NS Office of the Registrar of Regulations. Web version. 592

N.S. Reg. 111/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 (

d) any applicable directives, rules, or orders of the Board; and (

e) any direction by the Board for payment of any costs reasonably incurred related to hearing complaints or alleged infractions.

Compliance period 10 In each compliance period, a licence holder’s total purchases or, in the case of a licence holder that is also a generator, total generation of renewable low-impact electricity at the point of interconnection that is not sold behind-the-meter, or combination of purchases and generation, shall equal or exceed the licence holder’s total sales of renewable low-impact electricity plus transmission and distribution losses. 11 A licence holder shall provide a compliance plan to the Board no later than 60 days prior to the start of each compliance period that details for the coming compliance period (

a) the sales plan showing the forecasts of the sales of renewable low-impact electricity, including numbers of customers differentiated by NS Power’s rate classes and forecasts of sales by customer, but not including any behind-the-meter sales; (

b) forecasts of renewable low-impact electricity purchases from renewable low-impact electricity generators at the point of interconnection; (

c) copies of any contractual arrangements with renewable low-impact electricity generators demonstrating that the licence holder has secured a sufficient supply to meet its forecasts in (b); (

d) copies of the certification required in ss. [subsection] 17(1) from each renewable low-impact electricity generator that the licence holder contracts with; (

e) copies of the certification required in ss. [subsection] 17(2) from each renewable low-impact electricity generation facility that the licence holder owns or operates; (

f) forecasts of renewable low-impact electricity generation at the point of interconnection if the licence holder owns or operates a renewable low-impact electricity generation facility, net of any behind-the-meter sales; and (

g) forecasts of transmission and distribution losses such that the requirements set out in s. [Section] 10 are met. 12 The Board shall review the licence holder’s compliance plan in order to be satisfied that the licence holder can reasonably be expected to meet its obligations as set out in s. [Section] 10. 13 If a licence holder has not procured or generated sufficient renewable low-impact electricity to meets its obligations as set out in s. [Section] 10, the licence holder shall refund to each of its customers or former customers, on a pro rata basis based on each customer’s consumption of renewable low-impact electricity, the difference between the licence holder’s blended rate and 90% of the weighted average top-up rate over the compliance period, multiplied by the volume of electricity that the licence holder is deficient in meeting its obligations to each customer as set out in s. [Section] 10.

For greater certainty, the refund to each customer is to be calculated as the licence holder’s blended rate less 90% of the weighted average top-up rate over the compliance period, multiplied by the net deficit which is the total kilowatt-hour sales less the number of kilowatt hours that the licence holder purchased or generated at the point of interconnection net of behind-the-meter sales, less transmission and distribution losses, during the compliance period, prorated by the number of kilowatt hours used by each customer during the © NS Office of the Registrar of Regulations. Web version. 593

N.S. Reg. 111/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 compliance period. 14 The Board may require a licence holder to provide an update of the compliance plan at any time. 15 The Board may require a licence holder to amend its compliance plan or provide additional information if the compliance plan is not reasonable in the Board’s opinion. 16 A licence holder that fails to provide a satisfactory (

a) compliance plan as set out in s. [Section] 10; (

b) update to the compliance plan as set out in s. [Section] 14; or (

c) amended compliance plan as set out in s. [Section] 15 may have its licence suspended or cancelled as set out in s. [Section] 19. Certification of renewable low-impact electricity 17

(1) A licence holder that purchases renewable low-impact electricity from a renewable low-impact electricity generator shall obtain proof of certification from the renewable low-impact electricity generator.

(2) A licence holder that generates renewable low-impact electricity at a renewable low-impact electricity generation facility owned or operated by the licence holder shall obtain certification. Inquiry respecting compliance with regulations 18 The Board may appoint or direct any duly qualified person to make an inquiry and report upon a licence holder’s compliance with these regulations, and may also direct by whom, and in what proportion, the costs and expenses incurred in making the inquiry and report shall be paid, and may fix the amount of the costs and expenses.

Licence Suspension, Cancellation, and Reinstatement Suspension or cancellation 19 The Board may cancel or suspend a licence if it determines that the licence holder has contravened the Act, these regulations, the code of conduct, or its licence. 20 A licence holder whose licence is suspended may no longer conduct marketing to customers. Reinstatement 21 A licence holder may apply for reinstatement of a licence that was suspended as set out in s. [Section] 19 if it provides any or all of (

a) a plan, satisfactory to the Board, to address and correct contraventions of the Act, these regulations, the code of conduct, or its licence and prevent future contraventions; (

b) a compliance plan satisfactory to the Board; or (

c) any other information requested by the Board, as directed by the Board. © NS Office of the Registrar of Regulations. Web version. 594

N.S. Reg. 111/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 Reporting Annual licensing reporting 22 A licence holder shall provide the following information, as applicable, to the Board no earlier than 60 days and no later than 30 days prior to the anniversary of the licence: (

a) proof of registration under the Corporations Registration Act, R.S.N.S. 1989, c. 101; (

b) any changes to the full legal name, address, phone, facsimile, and e-mail contact information of any partner(

s) or parent company(

s) or organization(s), or confirmation that no changes have occurred; (

c) any changes to the listing of the company or organization principals with applicable titles (proprietor, partner, officer, director, or controlling shareholder) from the previous year’s filing, or confirmation that no changes have occurred; (

d) audited financial statements for the most recently completed fiscal year. If audited financial statements are not available, unaudited financial statements may be provided at the discretion of the Board; and (

e) any other information which may be requested by the Board. Compliance reporting 23

(1) A licence holder shall demonstrate to the Board that the licence holder’s total purchases or, in the case of a licence holder that is also a renewable low-impact electricity generator, total generation of renewable low-impact electricity, or combination of purchases and generation, equals or exceeds the licence holder’s obligations as set out in s. [Section] 10 after taking into account transmission and distribution losses.

(2) Within 30 days following the end of each compliance period, a licence holder shall provide the following information to the Board for the compliance period most recently completed: (

a) total, in kilowatt hours, of all renewable low-impact electricity sales to its customers; (

b) total number of customers under contract, differentiated by NS Power’s rate classes; (

c) total purchases of renewable low-impact electricity from renewable low-impact electricity generators at the point of interconnection; (

d) copies of the written confirmation from the renewable low-impact electricity generators documenting quantities of renewable low-impact electricity purchased by the license [licence] holder; (

e) total generation of renewable low-impact electricity from renewable low-impact electricity generation facilities owned or operated by the licence holder at the point of interconnection; (

f) transmission and distribution losses; and (

g) a reconciliation of the net surplus or deficit of renewable low-impact electricity sales with respect to renewable low-impact electricity purchases, generation, or combination of purchases and generation, and transmission and distribution losses.

(3) Where a licence holder generates and sells renewable low-impact electricity behind-the-meter, the © NS Office of the Registrar of Regulations. Web version. 595

N.S. Reg. 111/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 licence holder shall not include behind-the-meter sales in the required information set out in ss. [subsection] 23(2).

(4) Where a net deficit exists as set out in ss. [clause] 23(2)(g), the licence holder shall provide confirmation to the Board that it has refunded its customers pursuant to s. [Section] 13 within 30 days of the end of the compliance period. 24 The Board may request additional information from a licence holder at any time. 25 The Board, or its delegate, may, upon notification to a licence holder, enter a licence holder’s place of business in order to inspect the accounts of the licence holder and the licence holder shall furnish such assistance as the Board or its delegate may reasonably require.

Transfer Requests 26 A licence holder shall not make a request to NS Power to transfer a customer to the licence holder’s supply unless that customer has agreed to a contract with the licence holder and the licence holder has complied with all the provisions of these regulations and the code of conduct when marketing and communicating with that customer. Sales and Marketing Practices Code of conduct 27

(1) The Board shall approve a code of conduct that shall apply to the marketing activities of licence holders.

(2) The code of conduct may specify (

a) the fair marketing practices that are to be followed by the licence holder or its salespersons when marketing renewable low-impact electricity to customers; (

b) requirements for Board approval of marketing materials and telemarketing scripts; (

c) requirements for salesperson identification; (

d) requirements for testimonials; (

e) requirements for marketing and execution of contracts; (

f) training and product knowledge requirements for licence holders and their salespersons; and (

g) any other requirements the Board deems necessary.

(3) A licence holder and its salespersons shall adhere to the code of conduct which has been approved by the Board. Contracts Contracting parties 28

(1) A contract for the supply of renewable low-impact electricity to a premises may only be made with the account holder for that premises. Where a licence holder enters into a contract to supply more than one premises, the contract must be entered into with the account holder for each affected premises. © NS Office of the Registrar of Regulations. Web version. 596

N.S. Reg. 111/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13

(2) No contract is valid unless it is made in accordance with ss. [subsection] 28(1) herein. Governing laws 29 All contracts shall be governed by the laws of the Province of Nova Scotia and shall contain a statement to that effect. Contracting requirements 30 A contract takes effect and a licence holder is bound by its terms when, (

a) for door-to-door transactions or direct mail transactions, a copy of the contract, signed by the account holder, is received by the licence holder or its salesperson; (

b) for telemarketing sales, the account holder agrees to the terms and conditions of the contract while on the telephone with the licence holder; and (

c) for electronic communication sales, the account holder agrees to the terms and conditions of the contract through electronic communication.

Contract assignment 31 A licence holder shall not assign, sell, or otherwise transfer the administration of a contract with a customer to another person unless that person holds a licence issued under s. [Section] 3D of the Act. 32 Within 60 days after an assignment, sale, or transfer of the administration of a contract, the new licence holder shall send to any affected customers a notice of assignment, which includes the new licence holder’s address for service, its e-mail address, and telephone and facsimile numbers. 33 A licence holder shall notify the Board of any assignment, sale, or transfer of a contract within 10 days after the assignment, sale or transfer. 34 A licence holder shall notify NS Power prior to any assignment, sale, or transfer of a contract taking effect.

Records Retention Retention of information 35 A licence holder shall keep the following information for as long as the licence holder is licensed by the Board plus one additional year: (

a) a list of salespersons who act or who have acted for the licence holder and the dates of their employment or engagement; (

b) a list of all of the licence holder’s customers who have entered into contracts; and (

c) a log of cancellation requests, including premises to which the cancellation applies, the account holder’s name, the date of the notification of cancellation, and the name and identification number of the representative who accepted the request for cancellation. 36 For each customer that has entered into a contract with a licence holder, the licence holder shall retain the following information throughout the duration of the contract and for a period of one year after completion or termination of the contract: (

a) for contracts agreed to in person or as a result of a door-to-door transaction or a direct mail transaction, a copy of the complete contract bearing the customer’s signature; © NS Office of the Registrar of Regulations. Web version. 597

N.S. Reg. 111/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 (

b) for contracts agreed to as a result of a telemarketing transaction, a copy of the agreed-to contract and the complete recording of the telephone call between the customer and the licence holder; (

c) for contracts agreed to through electronic communication, a copy of the agreed-to contract and the electronic record evidencing the customer’s agreement to the contract; (

d) where a customer cancels a contract over the telephone, the complete recording of the telephone call between the customer and the licence holder; (

e) where a customer cancels a contract using written or electronic communication, written or electronic evidence of the communication from the customer requesting the cancellation; and (

f) billing records. 37 A licence holder shall, on the request of the Board, provide to the Board any of the information required to be kept under s. [Section] 35, s. 36, or s. 54. Dispute Resolution Process 38 A customer, NS Power, or any person may make a complaint to the licence holder or the Board in respect of the conduct of the licence holder, the conduct of the licence holder’s salespersons, the contract, and any other matter relating to the Act, these regulations, the code of conduct, or the licence. 39

(1) If a complaint under s. [Section] 38 is first made to the licence holder, the licence holder shall promptly and in good faith investigate the complaint and take all appropriate and necessary steps to resolve the complaint.

(2) If the complaint is not resolved to the satisfaction of the complainant, the licence holder shall inform the complainant that the complaint may be made to the Board and provide the complainant with the telephone number, mailing address, and e-mail address of the Board. 40 Where the Board receives a complaint pursuant to s. [Section] 38 the Board may (

a) dismiss the complaint if the Board is satisfied that the complaint is trivial or vexatious, or that there is insufficient or no evidence of a contravention of the Act, these regulations, the code of conduct, or the licence; (

b) further investigate the complaint and assist in the resolution of the complaint between the complainant and the licence holder; or (

c) require a written or oral hearing of the complaint. 41

(1) Where the Board receives information that a licence holder or its salesperson may have contravened the Act, these regulations, the code of conduct, or its licence, the Board may initiate a written or oral inquiry into the Licence holder’s or its salesperson’s activities and require the licence holder to provide such information or furnish such documents as the Board may request, and produce such officers, directors, employees, and agents to testify as the Board may request.

(2) The procedure for a written or oral inquiry shall be established by an order of the Board. 42 Following a complaint hearing or inquiry process, the Board shall determine if the licence holder or its salesperson or both have contravened the Act, these regulations, the code of conduct, or its licence. © NS Office of the Registrar of Regulations. Web version. 598

N.S. Reg. 111/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 43 If the Board determines that the licence holder or its salespersons have contravened the Act, these regulations, the code of conduct, or its licence, the Board may impose any or all of the following remedies for each contravention (

a) reprimand the licence holder; (

b) cancel a contract, with or without fees, penalties or other charges; (

c) require the licence holder to provide a plan, satisfactory to the Board, to address and correct contraventions of the Act, these regulations, the code of conduct, or its licence, and prevent future contraventions; (

d) instruct the licence holder to advise the customer or any group of customers affected in a similar manner that they may cancel their contract without fees, penalties or other charges and be returned to NS Power supply; (

e) suspend or cancel the licence as set out in s. [Section] 19; (

f) publish the Board’s findings in respect of the contravention and the nature of the remedies imposed; and (

g) such further and other remedies as are available to the Board pursuant to applicable laws. 44

(1) The Board may award costs to or against a licence holder or a complainant in connection with the dispute resolution.

(2) The Board may require a licence holder or the complainant, or both, to pay all or a portion of the Board’s costs in connection with the dispute resolution. Requirements for Small-Volume Customers Marketing to small-volume customers 45 When marketing to small-volume customers, a licence holder shall (

a) only use the form of contract which is approved for use by the Board; (

b) for door-to-door transactions, direct mail transactions, or electronic communication transactions, provide a disclosure statement and rate comparison to the customer as set out in s. [Sections] 46 and s. 47 in advance of the customer agreeing to a contract and shall afford the customer sufficient time to review and understand the disclosure statement and rate comparison prior to the customer signing or agreeing to a contract; or (

c) for telemarketing transactions, read to the customer the disclosure statement and rate comparison as set out in s. [Sections] 46 and s. 47 and obtain the customer’s agreement that the customer understands the disclosure statement and rate comparison. Disclosure statement 46 The disclosure statement that is provided to a small-volume customer shall be approved by the Board. Rate comparison 47 The rate comparison that is provided to a small-volume customer shall be in a form approved by the Board. © NS Office of the Registrar of Regulations. Web version. 599

N.S. Reg. 111/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 Small-volume customer contract requirements 48 No contract is valid unless the small-volume customer has signed or agreed to the disclosure statement and the rate comparison. 49 A licence holder shall not enter into a contract with a small-volume customer that has a term in excess of five (5) years. 50

(1) A contract with a small-volume customer shall state that the contract is not valid unless (

a) the customer signs the disclosure statement and rate comparison or, in the case of a telemarketing transaction or electronic communication transaction, the customer confirms that he understands and confirms the disclosure statement and rate comparison before the customer enters into the contract; (

b) the customer signs or agrees to the contract; and (

c) the licence holder provides a signed or agreed-to copy of the disclosure statement, rate comparison, and contract to the customer by mail, facsimile, electronic communication, or in person.

(2) A contract with a small-volume customer shall include a provision that states the contract is valid only if the contract has been verified as required in s. [Section] 51.

(3) A contract with a small-volume customer shall include a provision that the customer may cancel the contract without cost or penalty if a contract presently exists for the same premises, except where the existing contract is to expire on or before the commencement of the new contract.

(4) A contract with a small-volume customer shall include a provision that the customer may cancel the contract without penalty or charge if the retail supplier was not licensed by the Board or the licence was suspended at the time the contract was entered into. Contract verification 51 A contract with a small-volume customer shall be verified as set out in s. [Sections] 52 and s. 53 in order for the contract to be valid. Who may verify a contract 52 A contract with a small-volume customer may be verified only by an individual who (

a) does not receive any remuneration or other compensation or benefit that is determined, directly or indirectly, by reference to the number of contracts verified or the percentage of contracts that are verified; and (

b) has successfully completed such training for persons who verify contracts as may be required by the code of conduct, any order, or any rule issued or made by the Board. Verification process 53

(1) A contract with a small-volume customer shall be verified (

a) only by telephone; and (

b) only with the account holder for the premises.

(2) The script used by the person verifying the contract shall be approved by the Board in advance. © NS Office of the Registrar of Regulations. Web version. 600

N.S. Reg. 111/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13

(3) The person verifying the contract shall comply with the code of conduct, any order, or any rule issued or made by the Board relating to the verification procedure.

(4) The person verifying the contract shall make a recording of the telephone call and advise the customer that the telephone call is being recorded.

(5) A contract may be verified no earlier than the 10th day and no later than the 21st day after the day on which the contract takes effect in accordance with s. [Section] 30.

(6) The person verifying the contract shall not proceed with the verification process and shall advise the customer and the licence holder of the reason for not proceeding if, at any time during the verification process, the person verifying the contract (

a) is advised by the customer of

an act or omission that appears to be an unfair practice of the licence holder; (

b) is advised that the customer did not receive a copy of the contract, the disclosure statement, or the rate comparison; or (

c) has reasonable grounds for believing that the licence holder has committed an unfair practice, whether at the time of soliciting, negotiating or entering into the contract or after. Records retention 54 For each small-volume customer that has entered into a contract with a licence holder, the licence holder shall retain the following information, in addition to the information as set out in s. [Section] 36, throughout the duration of the contract and for a period of one year after completion or termination of the contract: (

a) in respect of a contract resulting from a door-to-door transaction or a direct mail transaction, copies of the disclosure statement and rate comparison bearing the customer’s signature; and (

b) in respect of a contract resulting from electronic communication, (

i) copies of the confirmed disclosure statement and the confirmed rate comparison, and (ii) the electronic record evidencing the customer’s confirmation of the disclosure statement and rate comparison.

Cancellation of contracts 55 A small-volume customer may unconditionally, and without any cancellation fees, penalties or charges, cancel the contract at any time from the date of entering into the contract until 30 days after the date of the first bill for renewable low-impact electricity under the contract, provided the customer is obligated to pay the licence holder for all renewable low-impact electricity consumed until the customer is transferred to bundled-supply. 56 A contract with a small-volume customer automatically terminates and the customer is not subject to any cancellation fees, penalties or charges if the customer sells or permanently moves from the premises to which renewable low-impact electricity is supplied under the contract. 57 A small-volume customer may unconditionally, and without any cancellation fees, penalties or charges, cancel the contract if the licence holder is found by the Board to be in violation of the Act, these regulations, the code of conduct, or its licence when marketing to the customer or in the course of fulfilling its obligations under the contract. © NS Office of the Registrar of Regulations.

Web version. 601

N.S. Reg. 111/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 58 A small-volume customer may cancel the contract at any time in accordance with the cancellation provisions contained within the contract. 59 A small-volume customer may give a notice of cancellation of a contract in any of the following ways: (

a) by telephone; (

b) by ordinary or registered mail to the address specified in the contract; (

c) in person; (

d) by facsimile to the facsimile number specified in the contract; or (

e) by electronic communication to the e-mail address provided in the contract. 60

(1) A notice of cancellation in respect of a contract with a small-volume customer is deemed to be given to the licence holder on the date of (

a) receipt by the licence holder of the telephone call from the small-volume customer cancelling the contract; (

b) the electronic date stamp of the e-mail from the small-volume customer cancelling the contract; (

c) the transmittal of the notice from the small-volume customer cancelling the contract, if the notice is sent by facsimile; (

d) the day that is five days after the postmark on the letter from the small-volume customer cancelling the contract, if the notice is sent by ordinary mail; or (

e) the delivery to the licence holder of the notice from the small-volume customer cancelling the contract, if the notice is delivered in person or sent by registered mail.

(2) The cancellation of a contract with a small-volume customer becomes effective when NS Power transfers the customer to bundled-supply. 61 A licence holder shall inform NS Power within 2 business days of a small-volume customer cancel[l]ing their contract with the licence holder. 62 If a small-volume customer cancels a contract, the licence holder shall promptly provide written confirmation of the cancellation to the customer. Prohibition on contract renewals 63

(1) A contract with a small-volume customer may not be renewed or extended. A new contract may be entered into between a small-volume customer and a licence holder.

(2) A contract with a small-volume customer may be terminated prior to the expiration of its term with the consent of the parties and a new contract may be entered into immediately after the termination. All of the provisions of these regulations, except as provided in s. [Section] 55, apply in respect of the new contract.

(3) If a contract is terminated early and a new contract is entered into in accordance with ss. [subsection] 63(2), the small-volume customer may cancel the new contract at any time from the © NS Office of the Registrar of Regulations. Web version. 602

------------------------------------------------------------------------------------------------------ N.S. Reg. 111/2016 - 112/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 date of entering into the new contract until 30 days after the date of the first bill for renewable low-impact electricity under the new contract. The maximum fee, charge or penalty that a licence holder may charge the small-volume customer is the cancellation fee as determined under the former contract at the time of its cancellation.

(4) If a contract is terminated early and a new contract is entered into in accordance with ss. [subsection] 63(2), the maximum fee, charge or penalty that a licence holder may charge the small-volume customer who cancels the new contract in accordance with s. [Section] 58 after the 30-day period referred to in ss. [subsection] 63(3) is the cancellation fee as determined under the new contract. Notice of contract expiry 64 No earlier than four (4) months and no later than three (3) months prior to the contract expiry, the licence holder shall notify the small-volume customer of the contract expiry date.

At this time, the licence holder may offer a new contract to start after expiry of the current contract. N.S. Reg. 112/2016 Made: May 12, 2016 Approved: May 20, 2016 Filed: June 13, 2016 Chicken Farmers of Nova Scotia Regulations–amendment Order dated May 20, 2016 Amendment to regulations made by the Chicken Farmers of Nova Scotia and approved by the Natural Products Marketing Council pursuant to

Section 9 of the Natural Products Act Amendment to the Chicken Farmers of Nova Scotia Regulations made under the Natural Products Act I certify that on May 12, 2016, the Chicken Farmers of Nova Scotia, pursuant to

Section 9 of

Chapter 308 of the Revised Statutes of Nova Scotia, 1989, the Natural Products Act, as delegated by

Section 7 of the Nova Scotia Chicken Marketing Plan, N.S. Reg. 241/82, carried a motion to repeal N.S. Reg. 20/2016, and to amend the Chicken Farmers of Nova Scotia Regulations, N.S. Reg. 11/2005, made by the Natural Products Marketing Council on December 8, 2004, in the manner set forth in the attached

Schedule “A”, effective on and after September 4, 2016. Signed at Kentville, in the County of Kings, Nova Scotia on May 31, 2016. Chicken Farmers of Nova Scotia per: sgd: Shelley Acker Shelley Acker General Manager Approved by the Natural Products Marketing Council at Truro, in the County of Colchester, Nova Scotia on May 20, 2016. © NS Office of the Registrar of Regulations. Web version. 603

N.S. Reg. 112/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 Natural Products Marketing Council per: sgd: E. A. Crouse Elizabeth A. Crouse, P.Ag. General Manager

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

Section 9 of

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

Section 2 of the Chicken Farmers of Nova Scotia Regulations , N.S. Reg. 11/2005, made by the Natural Products Marketing Council on December 8, 2004, is repealed and the following

Section substituted: 2

(1) In these regulations, unless the context otherwise specifies, “A-06” means the 8-week marketing period from April 14, 1996, to June 8, 1996, inclusive; “A-07” means the 8-week marketing period immediately following A-06; “aggregate base quota” means the aggregate of the base quota registered to a producer and the total base quota registered to all other persons with whom the producer is associated, determined in accordance with

Section 5; “base quota” means the number of kilograms of chicken registered by the Commodity Board to a producer in accordance with these regulations, expressed as an annual figure in kilograms of live weight and as adjusted by the Commodity Board; “base quota period” means the 48-week period used to calculate adjustments to base quota in accordance with

Section 8F, beginning with the 48-week period from December 24, 1995, to November 23, 1996, and from then on each consecutive 48 weeks; “beneficial shareholder” means a person who owns 1 or more shares issued by a corporation, whether or not that person is listed as the registered owner of any such share in the register of members of the corporation; “eligible new entrant” means a person whose name is entered in the register of eligible new entrants kept by the Commodity Board under subsection 8D(4); “extra-provincial amount” means the number of kilograms of chicken that the Commodity Board determines a producer has been authorized or is otherwise eligible to produce or market under the laws of another province in a base quota period; “facilities” means the building, lands, fixtures and equipment that are used for producing chicken; “flock” means any group of chickens housed in a producer’s facilities that are being raised by the producer for marketing at the same or approximately the same live weight at the same or approximately the same time; © NS Office of the Registrar of Regulations.

Web version. 604

N.S. Reg. 112/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 “free range chicken” means any variety of chicken that (

i) is raised on a feed ration consisting solely of grains, vegetable oil and necessary vitamins and minerals and containing no traces of rendered meat products, fish meal, antibiotics or other medication of any kind, including growth promoters, (ii) has regular access to fresh air, sun, soil and green forage, and (iii) will be processed by a federally or Provincially inspected processor; “immediate family” of an individual means the individual’s spouse, parent, child and grandchild and the spouse of any parent, child or grandchild of the individual; “interest in base quota” means a legal or beneficial interest in base quota as described in

Section 8; “licence” means a licence issued by the Commodity Board in accordance with

Section 9 to authorize a person to produce and market chicken in the regulated area; “licensing period” means the period from April 1 to November 30 in a calendar year, during which a specialty chicken producer is licensed to market the type of specialty chicken specified in their licence; “live weight” means the weight of live chicken as measured by a processor on delivery by a producer; “marketing period” means any period established by the Commodity Board during which producers, other than producers with specialty licences, are licensed to market chicken; “organic chicken” means any variety of chicken raised under an organic production system that meets all of the following criteria: (

i) it is based on the Canadian Organic Standards published by the Canadian General Standards Board, (ii) it is certified by a certification body accredited under the Organic Products Regulations, 2009 made under the Canada Agricultural Products Act (Canada), (iii) it is recognized by the Commodity Board and the Council; “overmarketing assessment levy” means the levy payable by a producer to the Commodity Board for marketing more kilograms live weight than specified in their producer licence for an overmarketing assessment period; “overmarketing assessment period” means 2 consecutive marketing periods, beginning with periods A-06 and A-07, and every subsequent consecutive 2 marketing periods after that; “partnership” includes a limited partnership; “person” means any of the following: (

i) a natural person, © NS Office of the Registrar of Regulations. Web version. 605

N.S. Reg. 112/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 (ii) a corporation, (iii) a partnership, (iv) a trust or estate; “Plan” means the Nova Scotia Chicken Marketing Plan made under the Act; “plant” means any permanent building or structure containing machinery or equipment used for processing chicken; “producer-vendor” means a person who produces and markets, offers for sale, sells or stores all or any parts of chicken in the regulated area; “production and marketing agreement” means an agreement for each marketing period entered into by a producer and a processor under subsection 12(1); “quota allocation” means the total number of kilograms of chicken allocated by the Chicken Farmers of Canada to the Commodity Board for a marketing period, expressed in kilograms of live weight; “special licence” means a licence issued in accordance with

Section 16 that authorizes a producer to produce and market chicken for a specified purpose and time period to meet market requirements and that does not entitle the producer to receive base quota; “specialty chicken” means chicken that is not produced under a producer licence and that is designated by the Commodity Board as specialty chicken, and includes free range chicken and organic chicken; “specialty licence” means a licence in accordance with

Section 17 that authorizes a producer to produce and market the type of specialty chicken specified on the licence and that does not entitle the producer to receive base quota; “trust” includes a testamentary trust and an inter vivos trust; “vendor” means a person who markets, offers for sale, sells or stores whole chickens or any parts of chicken in the regulated area.

(2) For the purpose of these regulations, persons are associated with one another if any of the following apply: (

a) they are members of the same immediate family; (

b) they are trustees, personal representatives or beneficiaries of the same trust or estate; (c) 1 of them is a donor of a power of attorney and the other is the attorney; (d) 1 of them is a corporation and the other is an officer, director or shareholder of the corporation; (e) 1 of them is a partnership and the other is a partner in the partnership; (f) 1 of them is a trust or corporation that owns shares of a corporation or has an interest in a © NS Office of the Registrar of Regulations. Web version. 606

N.S. Reg. 112/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 partnership and the other is that corporation or partnership; (

g) each of them is a corporation, partnership or trust and they are all controlled directly or indirectly by the same person.

(3) For the purpose of these regulations, a person owns facilities if any of the following apply: (

a) the person holds any of the following, whether or not subject to a mortgage or other encumbrance: (

i) legal title to the facilities evidenced by a deed registered at the relevant land registration office, (ii) a certificate of title for the facilities issued by the Supreme Court of Nova Scotia, (iii) a Certified Statement of Registered and Recorded Interests for the facilities issued by the Registrar of Deeds under the Land Registration Act ; (

b) the person is a borrower under an agreement of sale with the Nova Scotia Farm Loan Board that applies to the facilities.

(4) Unless a different definition for the same term is set out in subsection (1),

definitions in the Plan apply to these regulations. 2 The regulations are further amended by repealing Sections 3 to 8 and substituting the following Sections: Requirement to hold base quota 3

(1) Except as provided in subsection (2), a person is not eligible for a producer licence, a special licence or a producer-vendor licence unless that person has been issued base quota.

(2) Dalhousie University is exempt from the requirement in subsection (1) for base quota, but it must obtain a producer licence for each flock housed in its research facilities and must pay the applicable fee. Total production allotted 4 The total production allotted among all licences must be equal to the quota allocation. Associated producers 5

(1) If 2 or more producers are associated, the Commodity Board must determine their aggregate base quota by treating the base quota allotted to each of them as having been allotted to all of them.

(2) If 2 or more producers become associated, the Commodity Board may reduce the base quota of any of the associated producers so that the aggregate base quota held by the associated producers does not exceed the maximum set out in

Section 7.

(3) To determine if producers are associated, the Commodity Board may use all information available that it considers relevant, including a certificate provided by a producer under subsections 18(11) or 18(12). Minimum base quota 6 The minimum base quota that may be registered to a producer is 235 000 kg live weight. © NS Office of the Registrar of Regulations. Web version. 607

N.S. Reg. 112/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 Maximum base quota 7

(1) Subject to subsections (7) and (8), the maximum base quota that may be registered to an individual producer is 5% of the total base quota registered by the Commodity Board.

(2) Except as provided in subsections (3) and (5) and subject to subsections (6) to (8), the maximum aggregate base quota that may be registered to 2 or more associated producers is 5% of the total base quota registered by the Commodity Board.

(3) If 2 or more associated producers have a parent-child relationship, the maximum aggregate base quota that may be registered among the parent or parents and all of the children is 10% of the total base quota registered by the Commodity Board.

(4) A “parent-child relationship” includes a natural person, as well as any corporation, partnership or trust that holds base quota, and in which one or more of the parents or children are the only holders of a legal or beneficial interest.

(5) The maximum specified in subsection (2) for aggregate base quota does not apply to a producer who, on the date this subsection comes into force, is in an association with 1 or more other producers with an aggregate base quota greater than the maximum specified in that subsection.

(6) A producer referred to in subsection (5)is not entitled to have additional base quota transferred to them as long as the aggregate base quota held by the producer and their associated producers exceeds the maximum specified in subsection (2) or (3).

(7) If a producer has been permitted to produce or market an extra-provincial amount, the extra-provincial amount is included in the calculation of base quota and aggregate base quota for determining compliance with subsection (1) or (2).

(8) A producer who exceeds the maximum specified in subsection (1) or (2) for base quota because of an extra-provincial amount is not eligible to receive a transfer of base quota.

(9) No transfer of base quota is effective unless the Commodity Board is satisfied that the requirements of this

Section have been met. Interest in base quota 8

(1) A person has an interest in base quota if that person is any of the following: (

a) a person that has a direct interest in base quota; (

b) a shareholder of a corporation that has an interest in base quota; (

c) a partner in a partnership that has an interest in base quota; (

d) a trustee or beneficiary of a trust that has an interest in base quota; (

e) the personal representative or a beneficiary of an estate that has an interest in base quota.

(2) Either of the following is considered to be an interest in base quota: (

a) a direct interest in the base quota; © NS Office of the Registrar of Regulations. Web version. 608

N.S. Reg. 112/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 (

b) an interest in the base quota through a series of associated persons with direct or indirect ownership interests in one another. Applying for approval to transfer base quota 8A

(1) In this Section, “application” means an application under subsection (2) for approval to transfer base quota.

(2) A person must apply to the Commodity Board for approval to transfer base quota to another person.

(3) Each of the following is considered a transfer of base quota for the purposes of subsection (2): (

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

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

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

d) any change in the income beneficiaries or capital beneficiaries of a trust that has been issued base quota, whether the change occurred before or after the final distribution of that trust; (

e) any change other than those listed in clauses (

a) to (

d) that results in a person acquiring or disposing of an interest in base quota or that otherwise affects a person’s interest in base quota.

(4) An application must include all of the following: (

a) the name of the applicant; (

b) the proposed transferee’s name and contact information; (

c) the amount of base quota to be transferred; (

d) a certificate as described in subsections 18(11) and (12) for each of (

i) the transferor of base quota after the transfer, if only a part of the transferor’s base quota is being transferred, and (ii) the transferee of base quota after the transfer; (

e) the facilities to be transferred, if any; (

f) written evidence of a binding agreement satisfactory to the Commodity Board, including a specified transfer date; (

g) the signatures of the applicant and the proposed transferee; (

h) if the proposed transfer is without facilities, details about the facilities where chicken will be produced; (

i) if chicken are to be produced in a leased facility, an application under subsection 10(8) © NS Office of the Registrar of Regulations. Web version. 609

N.S. Reg. 112/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 from the transferee for approval to produce chicken in a leased facility; (

j) any information or documentation in addition to that specified in clauses (

a) to (

i) that the Commodity Board considers relevant to the application.

(5) An application for approval must be in the form approved by the Commodity Board and must be submitted to the Commodity Board at least 18 weeks before the beginning of the marketing period on the first day of which the transfer of base quota is intended to take place.

(6) The Commodity Board may consider any of the following additional information in considering an application: (

a) information contained in a certificate provided by the applicant or the proposed transferee under subsection 18(11) or (12); (

b) information provided to the Commodity Board by a broiler chicken commodity board that is created under the laws of a province other than the Province and has authority over quota for broiler chicken in that other province; (

c) Commodity Board records pertaining to the applicant or the proposed transferee; (

d) information obtained by the Commodity Board at any time as a result of an inspection under the Plan or the Act; (

e) any information in addition to that specified in clauses (

a) to (

d) that it considers relevant to the application.

(7) Nothing in these regulations affects the ability of the parties to a transfer to establish terms and conditions in a contract of purchase and sale that are consistent with the Act, the Plan and these regulations. Commodity Board approval of application to transfer base quota 8B

(1) If the Commodity Board is satisfied that an application under

Section 8A for approval to transfer base quota is complete, the Commodity Board may approve the transfer.

(2) A transfer of base quota takes effect on the first day of the next marketing period for which licences have not yet been issued by the Commodity Board.

(3) Approval of a transfer of base quota may include any condition that the Commodity Board considers appropriate. When application for transfer of base quota not approved 8C The Commodity Board must refuse an application under

Section 8A for approval to transfer base quota in any of the following circumstances: (

a) as a result of the proposed transfer, any producer’s base quota would fall below the minimum base quota specified in

Section 6; (

b) as a result of the proposed transfer, the base quota of any producer or the aggregate base quota of any associated producers would exceed the maximum base quota specified in

Section 7; (c) subsection 7(5) or 7(8) applies to the proposed transferee; © NS Office of the Registrar of Regulations. Web version. 610

N.S. Reg. 112/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 (

d) if a transfer of base quota without facilities is proposed, the transferee has not complied with subsections 10(7) to 10(13); (

e) the applicant or proposed transferee owes any licence fees, levies, or other money to the Commodity Board; (

f) the proposed transfer would violate the Act, these or any other regulations made by the Commodity Board, or any policy, order or direction of the Commodity Board. Applying for registration as eligible new entrant 8D

(1) A natural person who meets all of the following criteria may apply to the Commodity Board to be registered as an eligible new entrant: (

a) the person is at least 19 years old; (

b) the person does not currently hold and has never held base quota; (

c) the person is a resident of the Province.

(2) An application for registration as an eligible new entrant must be in the form approved by the Commodity Board and must include the applicant’s name and signature.

(3) An application for registration as an eligible new entrant must be submitted to the Commodity Board no later than noon on the last business day of the Commodity Board in December.

(4) The Commodity Board must keep a register of eligible new entrants and, on determining that an applicant is eligible to be registered, must add the applicant’s name to the register in the order that their eligibility was determined. Decision to issue base quota to eligible new entrant 8E

(1) At the end of a base quota period, the Commodity Board must decide whether to issue base quota to 1 or more eligible new entrants.

(2) The Commodity Board must not issue base quota to an eligible new entrant unless the quota allocation is at least equal to the quota allocation for the base quota period beginning with marketing period A-39 and ending with marketing period A-45.

(3) If the Commodity Board decides to issue base quota to an eligible new entrant, it must notify the eligible new entrant whose name is the next one listed in the register kept under subsection 8D(4).

(4) A notice under subsection (3) must include all the following terms and conditions: (

a) the eligible new entrant must own facilities that meet the production standard determined under subsections 10(3) and 10(4) by a date specified in the notice; (

b) the eligible new entrant’s facilities must pass an inspection by the Commodity Board; (

c) base quota will be registered in the name of the eligible new entrant in at least the minimum amount specified in

Section 6; (

d) the eligible new entrant is prohibited from transferring base quota for at least 3 years following the date the Commodity Board registers base quota in their name; © NS Office of the Registrar of Regulations. Web version. 611

N.S. Reg. 112/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 (

e) to be issued base quota, the eligible new entrant must accept the terms and conditions in the notice by the date specified in the notice.

(5) The Commodity Board may withdraw or amend a notice issued under subsection (3) at any time if the eligible new entrant fails to comply with any term or condition listed in subsection (4).

(6) If an eligible new entrant dies after base quota is registered in their name, the base quota is registered in the name of the deceased’s estate and may be transferred to a beneficiary of the estate only if the beneficiary meets the criteria in subsection 8D(1) for an applicant for registration as an eligible new entrant.

(7) If the estate of a deceased eligible new entrant becomes a base quota holder referred to in subsection (6) and the estate has no beneficiary who meets the criteria described in subsection (6), the Commodity Board may allow the estate to transfer the base quota in accordance with

Section 8A. Adjusting base quota after base quota period 8F

(1) The Commodity Board must adjust each producer’s base quota after each base quota period to reflect increases or decreases in the quota allocation and to reflect the total kilogram increase or decrease in the Province for the base quota period then ended.

(2) Subject to Sections 8G and 8H, if there is an increase as described in subsection (1), the Commodity Board must apportion base quota adjustments in the following manner: (

a) first, if the Commodity Board has decided to allot base quota to an eligible new entrant under subsection 8E(1), the Commodity Board must allot some or all of the amount of the increase to an eligible new entrant; (

b) second, the Commodity Board must apportion any remaining amount of the increase on a pro rata basis among all producers, based on each producer’s share of the total base quota registered by the Commodity Board.

(3) Subject to Sections 8G and 8H, if there is a decrease as described in subsection (1), the Commodity Board must apportion the amount of the decrease on a pro rata basis among all producers, based on each producer’s share of the total base quota registered by the Commodity Board. Impact of transfer on base quota adjustment 8G

(1) When base quota is transferred the increase or decrease with respect to the amount of the transferred quota applies to the transferee on a pro rata basis from the date of the transfer.

(2) A producer who transfers all of their base quota does not retain any part of any adjustment to base quota.

(3) A producer who transfers part of their base quota is not eligible for any adjustments to base quota under subsection 8F(2) from the beginning of the marketing period for which the transfer was effective until the beginning of the first marketing period of the third full base quota period after the effective date of the transfer. Impact of maximum and minimum base quota on base quota adjustment 8H

(1) The Commodity Board may modify the amount of an adjustment to increase base quota © NS Office of the Registrar of Regulations. Web version. 612

N.S. Reg. 112/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 apportioned to a producer under subsection 8F(2) if necessary to maintain compliance with the maximum base quota and maximum aggregate base quota requirements in

Section 7.

(2) The Commodity Board may modify the amount of an adjustment to decrease base quota apportioned to a producer under subsection 8F(3) if necessary to maintain compliance with the minimum base quota requirements in

Section 6.

(3) Any amount of a base quota adjustment that would be apportioned to a producer except that the producer is not eligible for an adjustment under subsection 8G(3) must be apportioned to all remaining producers on a pro rata basis, except to those producers to whom subsection 7(6) or 7(8) applies. Cancelling base quota or adjustment to base quota 8I

(1) The Commodity Board may cancel all or part of a producer’s base quota or the amount of any adjustment to increase the producer’s base quota, or both, in any of the following circumstances: (

a) the producer fails to provide the Commodity Board with any report required under

Section 18 with respect to the production and marketing of chicken; (

b) the producer fails to comply with a condition imposed on an approval to transfer quota issued under

Section 8B; (

c) the producer raises a flock in facilities not owned by the producer without the prior written approval of the Commodity Board; (

d) the producer fails to allow an inspector to inspect the books and records related to and the premises used by the producer in producing chicken; (

e) the producer violates the Act, the Plan or these regulations other than as described in clauses (

a) to (d).

(2) Any base quota or amount of an adjustment to base quota cancelled in whole or in part under subsection (1) is transferred to the Commodity Board and may be (

a) retired; or (

b) reissued by the Commodity Board to any other person or persons, subject to any conditions the Commodity Board considers appropriate.

(3) A producer whose base quota is transferred to the Commodity Board under this

Section is not entitled to compensation from the Commodity Board. Transition 8J The Commodity Board, in its sole discretion, may recognize as valid any transfer of base quota made under any agreement, will or other instrument executed before the date this

Section comes into force. Subsection 11(2) of the regulations is repealed and the following subsection substituted:

(2) If the Commodity Board adjusts the total quantity of chicken allocated among all producer licences, the quantity of chicken on each producer licence referred to in subsection (1) must be adjusted based on the producer’s share of the total base quota registered by the Commodity Board. © NS Office of the Registrar of Regulations. Web version. 3 613

N.S. Reg. 112/2016 - 113/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 4 Subsection 12(1) of the regulations is amended by striking out “a production and marketing agreement must specify the following” and substituting “which must be in the form approved by the Commodity Board and must specify all of the following:”. 5

Section 18 of the regulations is amended by: (

a) adding the heading “Forms” immediately before subsection (11) and striking out the heading “Forms” immediately before subsection (13); (

b) striking out everything following the clause “in a form approved by the Commodity Board” in subsection (11) and substituting “identifying each person who has an interest in that base quota as of January 1 of the calendar year in which the certificate is provided and all persons who are associated with that person and any creditors with a security interest in an interest in base quota held by that person”; (

c) striking out everything following the clause “in a form approved by the Commodity Board” in subsection (12) and substituting “identifying each person who has an interest in that base quota and all persons who are associated with that person and any creditors with a security interest in an interest in base quota held by that person”. 6 Subsection 21(1) of the regulations is amended by striking out “premises” and substituting “facilities”. N.S. Reg. 113/2016 Made: June 14, 2016 Filed: June 14, 2016 Proclamation, S. 27, S.N.S. 2014, c. 10 Order in Council 2016-150 dated June 14, 2016 Proclamation made by the Governor in Council pursuant to

Section 27 of

An Act to Amend

Chapter 62 of the Revised Statutes, 1989, the Cemetery and Funeral Services Act, and

Chapter 144 of the Revised Statutes, 1989, the Embalmers and Funeral Directors Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia dated April 14, 2016, and pursuant to

Section 27 of

Chapter 10 of the Acts of 2014,

An Act to Amend

Chapter 62 of the Revised Statutes, 1989, the Cemetery and Funeral Services Act, and

Chapter 144 of the Revised Statutes, 1989, the Embalmers and Funeral Directors Act , is pleased to order and declare by proclamation that said

Chapter 10 of the Acts of 2014,

An Act to Amend

Chapter 62 of the Revised Statutes, 1989, the Cemetery and Funeral Services Act, and

Chapter 144 of the Revised Statutes, 1989, the Embalmers and Funeral Directors Act, do come into force on and not before September 1, 2016. PROVINCE OF NOVA SCOTIA sgd: J. J. Grant 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. © NS Office of the Registrar of Regulations. Web version. 614

N.S. Reg. 113/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 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 27 of

Chapter 10 of the Acts of 2014,

An Act to Amend

Chapter 62 of the Revised Statutes, 1989, the Cemetery and Funeral Services Act, and

Chapter 144 of the Revised Statutes, 1989, the Embalmers and Funeral Directors Act, it is enacted as follows: 27 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 10 of the Acts of 2014,

An Act to Amend

Chapter 62 of the Revised Statutes, 1989, the Cemetery and Funeral Services Act, and

Chapter 144 of the Revised Statutes, 1989, the Embalmers and Funeral Directors Act , do come into force on and not before September 1, 2016; 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 10 of the Acts of 2014,

An Act to Amend

Chapter 62 of the Revised Statutes, 1989, the Cemetery and Funeral Services Act, and

Chapter 144 of the Revised Statutes, 1989, the Embalmers and Funeral Directors Act, do come into force on and not before September 1, 2016, 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 His Honour Brigadier-General, the Honourable J. J. Grant (Retired), Lieutenant Governor of the Province of Nova Scotia.

AT Our Government House in the Halifax Regional Municipality, this 14th day of June in the year of Our Lord two thousand and sixteen and in the sixty-fifth year of Our Reign. BY COMMAND: Hon. Diana C. Whalen Provincial Secretary Attorney General and Minister of Justice © NS Office of the Registrar of Regulations. Web version. 615

N.S. Reg. 114/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 N.S. Reg. 114/2016 Made: June 14, 2016 Filed: June 14, 2016 Proclamation, S. 11, S.N.S. 2014, c. 47 Order in Council 2016-151 dated June 14, 2016 Proclamation made by the Governor in Council pursuant to

Section 11 of the

An Act to Amend

Chapter 144 of the Revised Statutes, 1989, the Embalmers and Funeral Directors Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia dated April 19, 2016, and pursuant to

Section 11 of

Chapter 47of the Acts of 2014,

An Act to Amend

Chapter 144 of the Revised Statutes, 1989, the Embalmers and Funeral Directors Act , is pleased to order and declare by proclamation that said

Chapter 47 of the Acts of 2014,

An Act to Amend

Chapter 144 of the Revised Statutes, 1989, the Embalmers and Funeral Directors Act , do come into force on and not before September 1, 2016. PROVINCE OF NOVA SCOTIA sgd: J. J. Grant 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 11 of

Chapter 47 of the Acts of 2014,

An Act to Amend

Chapter 144 of the Revised Statutes, 1989, the Embalmers and Funeral Directors Act , it is enacted as follows: 11 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 47 of the Acts of 2014,

An Act to Amend

Chapter 144 of the Revised Statutes, 1989, the Embalmers and Funeral Directors Act , do come into force on and not before September 1, 2016; 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 47 of the Acts of 2014,

An Act to Amend

Chapter 144 of the Revised Statutes, 1989, the Embalmers and Funeral Directors Act , do come into force on and not before September 1, 2016, 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. 616

N.S. Reg. 114/2016 - 115/2016 to 117/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 WITNESS, Our Trusty and Well Beloved His Honour Brigadier-General, the Honourable J. J. Grant (Retired), Lieutenant Governor of the Province of Nova Scotia. AT Our Government House in the Halifax Regional Municipality, this 14th day of June in the year of Our Lord two thousand and sixteen and in the sixty-fifth year of Our Reign. BY COMMAND: Hon. Diana C. Whalen Provincial Secretary Attorney General and Minister of Justice N.S.

Reg. 115/2016 to 117/2016 Made: June 14, 2016 Filed: June 14, 2016 Cemetery and Funeral Services Regulations–amendment; Operators of Crematoria Regulations–replacement; Embalmers and Funeral Directors Regulations–amendment Order in Council 2016-152 dated June 14, 2016 Amendments to regulations and regulations made by the Governor in Council pursuant to

Section 28 of the Cemetery and Funeral Services Act and

Section 33 of the Embalmers and Funeral Directors Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia dated April 14, 2016, is pleased, effective on and after September 1, 2016: (

a) pursuant to

Section 28 of

Chapter 62 of the Revised Statutes of Nova Scotia, 1989, the Cemetery and Funeral Services Act, to (

i) amend the regulations respecting cemetery and funeral services, N.S. Reg. 16/84, made by the Governor in Council by Order in Council 84-156 dated February 7, 1984, to implement amendments to the Cemetery and Funeral Services Act made by

Chapter 10 of the Acts of 2014 in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, (ii) repeal the regulations respecting operators of crematoria, N.S. Reg. 243/84, made by the Governor in Council by Order in Council 84-1118 dated September 18, 1984, and (iii) make new regulations respecting operators of crematoria in the form set forth in

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

b) pursuant to

Section 33 of

Chapter 144 of the Revised Statutes of Nova Scotia, 1989, the Embalmers © NS Office of the Registrar of Regulations. Web version. 617

N.S. Reg. 115/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 and Funeral Directors Act, amend the regulations respecting embalmers and funeral directors, N.S. Reg. 215/83, made by the Governor in Council by Order in Council 83-1131 dated October 4, 1983, to implement amendments to the Embalmers and Funeral Directors Act made by Chapters 10 and 47 of the Acts of 2014 in the manner set forth in

Schedule “C” attached to and forming part of the report and recommendation. N.S. Reg. 115/2016 Cemetery and Funeral Services Regulations–amendment

Schedule “A” Amendments to the Regulations Respecting Cemetery and Funeral Services made by the Governor in Council under

Section 28 of

Chapter 62 of the Revised Statutes of Nova Scotia, 1989, the Cemetery and Funeral Services Act 1 Clause 2(

i) of the regulations respecting cemetery and funeral services, N.S. Reg. 16/84, made by the Governor in Council by Order in Council 84-156 dated February 7, 1984, is repealed. 2 Subsection 9(2) of the regulations is amended by striking out “salesman” wherever it appears and substituting “salesperson”. 3 Subsection 11(4) of the regulations is amended by adding “and Treasury Board” immediately after “Minister of Finance”. 4 Subsection 13(1) of the regulations is amended by striking out “salesman” wherever it appears and substituting “salesperson”. 5 The regulations are further amended by adding the following

Section immediately after

Section 14: Definition of “recipient” in Sections 15, 15A, 16A and 16B 14A In Sections 15, 15A, 16A and 16B of these regulations, “recipient” means an individual who is named in a pre-arranged funeral plan or pre-need cemetery plan as an individual for whom the funeral merchandise and services or cemetery goods and services are to be provided. 6 (1) Subsection 15(1) of the regulations is amended by striking out “prearranged funeral plan or preneed cemetery plan” wherever it appears and substituting “trust-funded plan”. (2) Subsection 15(2) of the regulations is amended by (

a) striking out “pre-arranged funeral plan or pre-need cemetery plan” and substituting “trust­ funded plan”; (

b) striking out “beneficiaries” wherever it appears and substituting “recipients”; and (

c) striking out “installment” wherever it appears in subclause (d)(iv) and substituting “instalment”. (3) Clause 15(5)(

f) of the regulations is amended by © NS Office of the Registrar of Regulations. Web version. 618

7 N.S. Reg. 115/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 (

a) striking out “pre-arranged funeral plan and pre-need cemetery plan”; and (

b) adding “for trust-funded plans” immediately after “purchase agreements”. (4) Subsection 15(6) of the regulations is amended by (

a) striking out “prearranged funeral plans or preneed cemetery plans” and substituting “trust­ funded plans”; and (

b) striking out “one week” and substituting “10 business days”. (5) Subsection 15(7) of the regulations is amended by striking out “pre-arranged funeral plan or pre­ need cemetery plan” and substituting “trust-funded plan”. (6) Subsection 15(8) of the regulations is amended by adding the following clause immediately after clause (a): (aa) the recipient’s name; (7) Subsection 15(9) of the regulations is amended by (

a) striking out “pre-arranged funeral plan or pre-need cemetery plan” and substituting “trust­ funded plan”; and (

b) striking out “give the purchaser” and substituting “ensure the purchaser receives”. The regulations are further amended by adding the following

Section immediately after

Section 15: Ledger for insurance-funded plans 15A A seller shall establish a ledger for all insurance-funded plans sold, and shall update the ledger each month with all of the following for each plan sold: (

a) the purchaser’s name; (

b) the recipient’s name; (

c) the insurer’s name; (

d) the names of all beneficiaries covered by the insurance policy; (

e) the sequential purchase agreement number of the plan; (

f) the number of the insurance policy, when known; (

g) the total price payable under the purchase agreement; (

h) the dollar amount of the proceeds to be provided under the insurance policy, as known at the time of purchase. © NS Office of the Registrar of Regulations. Web version. 619

N.S. Reg. 115/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 8

(1) The regulations are amended by adding the heading “Administrative expenses for trust-funded plans” immediately before

Section 16.

(2) Section 16 of the regulations is amended by (

a) striking out “section” and substituting “subsection”; and (

b) striking out “prearranged funeral plan or a preneed cemetery plan” and substituting “trust­ funded plan”. 9

(1) Subsection 16A(2) of the regulations is repealed.

(2) Clauses 16A(5)(

a) and (

b) of the regulations are repealed and the following clauses substituted: (

a) all of the following about the seller: (

i) name, (ii) licence number, (iii) address, (iv) telephone number, (

v) e-mail address, if any; (aa) all of the following about the salesperson: (

i) name, (ii) licence number; (

b) all of the following about the purchaser: (

i) name, (ii) address, (iii) telephone number, (iv) e-mail address, if any;

(3) Clause 16A(5)(

c) of the regulations is amended by striking out “name of the beneficiary” and substituting “name and address of the recipient”.

(4) Clause 16A(5)(

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

d) the date the agreement is entered into, and the civic address of the location where it is signed; © NS Office of the Registrar of Regulations. Web version. 620

N.S. Reg. 115/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13

(5) Clause 16A(5)(

e) of the regulations is repealed.

(6) Subsection 16A(5) of the regulations is further amended by striking out the period at the end of clause (

f) and substituting a semicolon, and adding the following clauses immediately after clause (f): (

g) an itemized list of prices and detailed descriptions for all funeral merchandise and services or cemetery goods and services, including all fees and charges that are included in the total price payable under the purchase agreement, listed either as individual funeral merchandise, cemetery goods or services or as sold together as part of a package, and sufficiently described so that the purchaser can understand which funeral merchandise, cemetery goods or services are being purchased, as well as the quality of the funeral merchandise, cemetery goods or services that are included in the total price payable under the purchase agreement; (

h) in addition to the words required by subsection 11(3) of the Act, a statement in bold type no smaller than 10 points in size setting out the purchaser’s rights of cancellation as specified in Sections 11 and 13 of the Act; (

i) any fee charged for storing funeral merchandise or cemetery goods purchased in advance of need; (

j) the name and address of any person the purchaser requires the seller to send a copy of the purchase agreement to; (

k) for a trust-funded plan, the information required by subsection 16AA(1); (

l) for an insurance-funded plan, the information required by subsection 16AB(1).

(7) Subsection 16A(6) of the regulations is amended by striking out “or cancelled” and substituting “, cancelled or assigned to or from another seller”.

(8) Clause 16A(6)(

a) of the regulations is amended by striking out “all fulfilled and cancelled purchase agreements” and substituting “all purchase agreements fulfilled, cancelled or assigned to or from another seller”.

(9) Clause 16A(6)(

c) of the regulations is amended by striking out “and refund”.

(10) Clause 16A(6)(

d) of the regulations is repealed and the following clauses substituted: (

d) for a pre-arranged funeral plan that has been assigned to another licensed seller under clause 13B(1)(

a) of the Act, the written consent of the purchaser required by that clause; (

e) for a purchase agreement for a trust-funded plan, the items required by subsection 16AA(2); (

f) for a purchase agreement for an insurance-funded plan, the items required by subsection 16AB(2). 10 The regulations are further amended by adding the following Sections immediately after

Section 16A: © NS Office of the Registrar of Regulations. Web version. 621

N.S. Reg. 115/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 Purchase agreements for trust-funded plans 16AA

(1) In addition to the requirements for all purchase agreements, a seller shall ensure that a purchase agreement for a trust-funded plan contains all of the following: (

a) the following statement in bold type no smaller than 10 points in size directly under the list of funeral merchandise and services or cemetery goods and services required by clause 16A(5)(g): The itemized funeral merchandise and services or cemetery goods and services listed above are included in the total price payable under this agreement and are guaranteed to be provided at that price if the purchaser is not in default on the agreed-upon

schedule of instalment payments. No other funeral merchandise and services or cemetery goods and services may be added or charged for unless the purchaser has consented in writing. (

b) a detailed statement no smaller than 10 points in size setting out the terms of payment, that includes all of the following: (

i) the initial payment received by the seller, (ii) whether the balance is paid in full by lump sum or is to be paid by instalment, (iii) if to be paid by instalment, all of the following: (

A) the agreed-upon

schedule of payments, (

B) the amount of each payment, (

C) the obligations of the seller and the obligations of the purchaser when a payment is missed, as prescribed by the Act and regulations; (

c) the total price payable under the purchase agreement; (

d) whether the seller will be retaining a percentage of the total price payable under the plan on account of administrative expenses, and if so the percentage and the dollar value that will be retained; (

e) the following statement directly above the purchaser’s signature, in bold type and no smaller than 10 points in size: By law, the seller of a trust-funded plan must deposit all the money you pay them, less any administrative expenses agreed to in this purchase agreement, into a trust account at a financial institution. If payment is by lump sum, the seller must ensure that you are given written proof of the deposit no later than 21 days after they receive the money from you.

If the seller has agreed to allow you to pay by instalments, the seller must ensure that you receive written proof of deposit of the first payment no later than 21 days after they receive the payment, and must ensure you receive written proof at least semi-annually confirming deposit of your other payments. If you do not receive the required proof of deposit, please contact the seller. If after contacting the seller, the matter continues to be unresolved, please contact the office of the Registrar of Cemetery © NS Office of the Registrar of Regulations. Web version. 622

N.S. Reg. 115/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 and Funeral Services.

(2) A seller of a trust-funded plan shall retain copies of all of the following in accordance with subsection 16A(6): (

a) refund requests; (

b) cancelled cheques issued to purchasers for refunds or cancellations; (

c) all written notices of default and cancellation sent under

Section 13A of the Act. Purchase agreements for insurance-funded plans 16AB

(1) In addition to the requirements for all purchase agreements, a seller shall ensure that a purchase agreement for an insurance-funded plan contains all of the following: (

a) the following statement in bold type no smaller than 10 points in size, directly under the list of funeral merchandise and services or cemetery goods and services referred to in clause 16A(5)(g): The itemized funeral merchandise and services or cemetery goods and services listed above are included in the total price payable under this agreement and are guaranteed to be provided at that price, if the insurance contract that funds the pre-arranged funeral plan or pre-need cemetery plan is in good standing. (

b) all of the following for the insurer: (

i) name, (ii) address, (iii) telephone number, (iv) e-mail address, if any; (

c) all of the following for the insurance agency: (

i) name, (ii) address, (iii) telephone number, (iv) e-mail address, if any; (

d) the name of the beneficiary of the insurance; (

e) the name of the insured under the insurance policy; (

f) confirmation of 1 of the following: © NS Office of the Registrar of Regulations. Web version. 623

N.S. Reg. 115/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 (

i) that the holder of the funeral home licence or the operator of the cemetery or crematorium is being designated as the beneficiary of the insurance, or (ii) that the proceeds of the insurance are being assigned to the holder of the funeral home licence or to the operator of the cemetery or crematorium; (

g) the insurance agency’s licence number under the Insurance Act ; (

h) the insurance policy number, if known; (

i) the total price payable under the purchase agreement; (

j) the dollar amount of the proceeds to be provided under the insurance policy, as known at the time of purchase; (

k) the following statement in bold type no smaller than 10 points in size, directly above the purchaser’s signature line: The cancellation of the pre-arranged funeral plan or the pre-need cemetery plan does not automatically cancel the insurance contract. However, the cancellation of the insurance contract automatically cancels the pre-arranged funeral plan or pre-need cemetery plan.

(2) In accordance with subsection 16A(6), a seller of an insurance-funded plan shall retain copies of all of the documents required to be attached to the purchase agreement under

Section 10A of the Act. 11

(1) The regulations are further amended by striking out “purchase agreement” in the heading immediately before

Section 16B and substituting “trust-funded plans”.

(2) Section 16B of the regulations is amended by striking out “pre-arranged funeral plan or pre-need cemetery plan” and substituting “trust-funded plan”.

(3) Paragraph 16B(a)(ii)(

B) of the regulations is amended by striking out “beneficiaries” and substituting “recipients”. 12

(1) Section 16C of the regulations is redesignated as subsection 16C(1) and amended by adding “for trust-funded plans” immediately after “following”.

(2) Clause 16C(1)(

a) of the regulations is amended by striking out “pre-arranged funeral plans and pre­ need cemetery plans” and substituting “the trust-funded plans”.

(3) Clause 16C(1)(

e) of the regulations is amended by (

a) striking out “pre-arranged funeral plans and pre-need cemetery plans” and substituting “the trust-funded plans”; (

b) striking out “one week” and substituting “10 business days”.

(4) Clause 16C(1)(

g) of the regulations is amended by © NS Office of the Registrar of Regulations. Web version. 624

N.S. Reg. 115/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 13 (

a) striking out “installment” and substituting “instalment”; and (

b) striking out “semi-annual statements” and substituting “semi-annual proof of deposits”.

(5) Clause 16C(1)(

k) of the regulations is amended by striking out “subsection 16A(3)” and substituting “subsection 16A(6)”.

(6) Section 16C of the regulations is further amended by adding the following subsection immediately after subsection (1):

(2) The report on records and accounts required by clause 4(

a) shall confirm all of the following for insurance-funded plans: (

a) that the seller has maintained the required monthly ledgers in accordance with

Section 15A; (

b) that the seller has retained the documents required under subsection 16A(6); (

c) any information required by the Registrar about the seller’s records and accounts. 13 The regulations are further amended by adding the following Sections immediately after

Section 16C: Assignment of a pre-arranged funeral plan 16D

(1) The purchaser’s written consent required by clause 13B(1)(

a) of the Act, consenting to the assignment of a pre-arranged funeral plan, shall include all of the following: (

a) the name of the seller who is assigning the plan; (

b) the name and signature of the seller to whom the plan is being assigned; (

c) the name and signature of the purchaser.

(2) A seller who is assigning a pre-arranged funeral plan shall do all of the following no later than 15 business days after the date t