© N. S. Registry of Regulations. Web version. 403

Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 27, No. 9 May 16, 2003 Contents Act Reg. No. Page Motor Vehicle Act H e l m e t R e g u l a t i o n s ....................................................... 9 9 / 2003 405 Motor Vehicle Act,

An Act to Amend

Chapter 293 of the Revised Statutes, 1989 Proclamation, S. 13, S.N.S. 2002, c. 20 - S. 3 ................................... 9 8 / 2003 404 Wildlife Act B e a r H a r v e s t i n g R e g u l a t i o n s - a m e n d m e n t ..................................... 103/2003 409 D e e r H u n t i n g R e g u l a t i o n s - a m e n d m e n t ....................................... 100/2003 406 F i r e a r m a n d B o w R e g u l a t i o n s - a m e n d m e n t .................................... 102/2003 408 F u r H a r v e s t i n g R e g u l a t i o n s - a m e n d m e n t ...................................... 101/2003 407 NOW AVAILABLE The second issue of the 2003 subscription year of the Folio®-based Nova Scotia Regulations CD-ROM, containing the consolidated regulations of Nova Scotia and the quarterly sectional index of regulations, is now available from the Office of the Registrar of Regulations.

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

N.S. Reg. 98/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 9 404 © N. S. Registry of Regulations. Web version. N.S. Reg. 98/2003 Made: April 25, 2003 Filed: April 29, 2003 Proclamation, S. 13, S.N.S. 2002, c. 20 - S. 3 Order in Council 2003-174 made April 25, 2003 Proclamation made by the Governor in Council pursuant to

Section 13 of

An Act to Amend

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated March 25, 2003, and pursuant to

Section 13 of

Chapter 20 of the Acts of 2002,

An Act to Amend

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, and subsection (7) of

Section 3 of

Chapter 235 of the Revised Statutes, 1989, the

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

Section 3 of

Chapter 20 of the Acts of 2002,

An Act to Amend

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, come into force on and not before May 1, 2003. PROVINCE OF NOVA SCOTIA sgd: Myra A. Freeman G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, GREETING: A PROCLAMATION

WHEREAS in and by

Section 13 of

Chapter 20 of the Acts of 2002,

An Act to Amend

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, it is enacted as follows: 13. This Act, except

Section 12, comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Section 3 of

Chapter 20 of the Acts of 2002,

An Act to Amend

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, come into force on and not before May 1, 2003; 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

Section 3 of

Chapter 20 of the Acts of 2002,

An Act to Amend

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, come into force on May 1, 2003, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Myra A. Freeman, Lieutenant Governor of the Province of Nova Scotia. AT Our Government House in the Halifax Regional Municipality, this 25 th day of April, in the year of Our Lord two thousand and three and in the 52 nd year of Our Reign.

N.S. Reg. 99/2003 - 100/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 9 © N. S. Registry of Regulations. Web version. 405 BY COMMAND: sgd: Jamie Muir Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 99/2003 Made: April 25, 2003 Filed: April 29, 2003 Helmet Regulations Order in Council 2003-175 dated April 25, 2003 Regulations and repeal of regulations made by the Governor in Council pursuant to Sections 170, 170A and 170B of the Motor Vehicle Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated March 25, 2003, and pursuant to Sections 170, 170A and 170B of

Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act, is pleased, effective on and after May 1, 2003, to (

a) repeal the Motorcycle Safety Helmet Regulations, 1972, made by the Governor in Council by Order in Council 71-644 dated June 23, 1971; (

b) repeal the Bicycle Helmet Regulations made by the Governor in Council by Order in Council 97-358 dated June 10, 1997; and (

c) make regulations respecting helmets in the form set forth in

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

Schedule “A” Regulations Respecting Helmets made by the Governor in Council pursuant to Sections 170, 170A, and 170B of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act Citation 1 These regulations may be cited as the Helmet Regulations. Motorcycle helmet 2 A person operating a motorcycle or motor scooter must wear a helmet that bears a mark indicating that the helmet is approved or certified as a motorcycle or motor scooter helmet by one or more of the following certification agencies: (

a) the British Standards Institute; (

b) the Snell Memorial Foundation; (

b) the United States of Ameri ca Department of Transportation. Bicycle, in-line skates, roller skates, scooter, and skateboard helmets 3 A person riding or operating a bicycle, in-line skates, roller skates, a scooter or a skateboard must wear a helmet that bears a mark indicating that the helmet is approved or certified for use with one of those devices by one or more of the following certification agencies: (

a) Canadian Standards Association;

N.S. Reg. 100/2003 - 101/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 9 406 © N. S. Registry of Regulations. Web version. (

b) Snell Memorial Foundation; (

c) American Society for Testing and Materials; (

d) U.S. Consumer Product Safety Commission. General requirements 4 In addition to meeting the requirements of

Section 2 or 3, as applicable, a helmet must, at all times: (

a) have a smooth outer surface; (

b) be constructed so that the helmet is capable of absorbing energy on impact; (

c) be strongly attached to a strap designed to be fastened under the chin of the person wearing it; (

d) be undamaged from use or misuse; and (

e) properly fit the person wearing it.

Section 170A or 170B exemptions 5 The following persons are exempt from the requirement of

Section 170A or 170B of the Motor Vehicle Act to wear a helmet: (

a) a person who is in possession of, and produces on request to a peace officer, a valid and subsisting certificate issued by the Registrar of Motor Vehicles certifying that the Registrar is satisfied that the wearing of a helmet would interfere with the person's religious practices; (

b) a person whose head is more than 66 cm in circumference; or (

c) a person who is in possession of, and produces on request to a peace officer, a valid and subsisting certificate issued by the Registrar of Motor Vehicles on the recommendation of a medical practitioner certifying that the person is, for the period stated in the certificate, unable for medical reasons to wear a helmet. N.S.

Reg. 100/2003 Made: May 1, 2003 Filed: May 2, 2003 Deer Hunting Regulations Order in Council 2003-184 dated May 1, 2003 Amendment to regulations made by the Governor in Council pursuant to subsection 113(1) of the Wildlife Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated April 4, 2003, and pursuant to subsection 113(1) of

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

Schedule “A” attached to and forming part of the report and recommendation, effective on and after May 1, 2003.

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

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

N.S. Reg. 100/2003 - 101/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 9 © N. S. Registry of Regulations. Web version. 407

Schedule “A” to the Deer Hunting Regulations made by the Governor in Council by Order in Council 88-348 dated March 29, 1988, is amended by adding the following immediately before “Deer Management Zone 3”: Deer Management Zone 2A includes certain lands within Lunenburg and Queens Counties, Nova Scotia, being more particularly described as follows: Beginning at a point on the centreline of the East River, Lunenburg County, where it intersects with the northernmost edge of the multi-line power transmission corridor running from Halifax County to Queens County and being approximately 1 km south of Whistler Lake; thence southwesterly along the northernmost edge of the said power transmission corridor to an angle point where the corridor separates into 2 lines; thence following the north branch of the said power transmission corridor southwesterly, passing the Gold River Indian Reserve to the north, continuing on past Lower New Cornwall to an angle point about a half mile west of the LaHave River near Cookville; thence southerly along the western edge of the said power transmission corridor, to a juncture point with the transmission line running westerly from Maitland; thence southwesterly along the northern edge of the said power transmission corridor, passing to the north of Wiles Lake and Lapland, and extending to the western bank of the Medway River; thence southeasterly downstream following the western bank of the Medway River and the western shoreline of Medway Harbour to a point on the ordinary high water mark (OHWM) east of the navigation light at Medway Head; thence northeasterly in a straight line to a point on the OHWM of the most southerly part of Toby Island; thence northeasterly in a straight line to a point on the OHWM of the most southerly part of Cape LaHave Islands at Cape LaHave Point; thence northeasterly in a straight line to a point on the OHWM of the most eastern point of West Ironbound Island; thence northeasterly in a straight line to a point on the OHWM of the most eastern point of Cross Island; thence northerly in a straight line to a point on the OHWM of the most westerly part of Big Tancook Island near Southwest Cove; thence northerly in a straight line to the mid-point of the mouth of East River Bay northwest from East River Point; thence northeasterly in a straight line to a point at the centreline of the mouth of East River; thence northerly following the centreline of East River to the point of beginning, together with all inland and offshore islands.

N.S. Reg. 101/2003 Made: May 1, 2003 Filed: May 2, 2003 Fur Harvesting Regulations Order in Council 2003-185 dated May 1, 2003 Amendment to regulations made by the Governor in Council pursuant to subsection 113(1) of the Wildlife Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated April 4, 2003, and pursuant to subsection 113(1) of

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

Schedule “A” attached to and forming part of the report and recommendation, effective on and after May 1, 2003.

N.S. Reg. 101/2003 - 102/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 9 408 © N. S. Registry of Regulations. Web version.

Schedule “A” Amendments to the Fur Harvesting Regulations made by the Governor in Council pursuant to subsection 113(1) of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act 1 Subsection 3(5) of the Fur Harvesting Regulations made by the Governor in Council by Order in Council 87-956 dated August 18, 1987, is repealed. 2

Section 13 of the regulations is amended by (

a) striking out “card” in clause (a); and (

b) repealing clause (b). N.S. Reg. 102/2003 Made: May 1, 2003 Filed: May 2, 2003 Firearm and Bow Regulations Order in Council 2003-186 dated May 1, 2003 Amendment to regulations made by the Governor in Council pursuant to subsection 113(1) of the Wildlife Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated April 4, 2003, and pursuant to subsection 113(1) of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act, is pleased to amend the Firearm and Bow Regulations made by the Governor in Council by Order in Council 89-837 dated July 18, 1989, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after May 1, 2003.

Schedule “A” Amendments to the Firearm and Bow Regulations made by the Governor in Council pursuant to subsection 113(1) of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act 1 Subsection 5(1) of the Firearm and Bow Regulations made by the Governor in Council by Order in Council 89-837 dated July 18, 1989, is amended by (

a) striking out “or” at the end of clause (a); and (

b) adding the following clause i mmediately following clause (a): (aa) a rifle/shotgun combinati on firearm, provided the person does not carry or use rifle ammunition during a season in which the use of a rifle is not permitted; or 2 Subsection 6(1) of the regulations is amended by (

a) striking out “or” at the end of clause (b); (

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

c) and substituting “; or”; and (

c) adding the following clause i mmediately following clause (c):

N.S. Reg. 102/2003 - 103/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 9 © N. S. Registry of Regulations. Web version. 409 (

d) a rifle/shotgun combination fi rearm, provided the person does not carry or use rifle ammunition during a season in which the use of a rifle is not permitted. N.S. Reg. 103/2003 Made: May 1, 2003 Filed: May 2, 2003 Bear Harvesting Regulations Order in Council 2003-187 dated May 1, 2003 Amendment to regulations approved by the Governor in Council pursuant to subsection 113(1) of the Wildlife Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated April 4, 2003, and pursuant to subsection 113(1) of

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

Schedule “A” attached to and forming part of the report and recommendation, effective on and after May 1, 2003.

Schedule “A” Amendments to the Bear Harvesting Regulations made by the Governor in Council pursuant to subsection 113(1) of

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

Section 5 of the Bear Harvesting Regulations made by the Governor in Council by Order in Council 88-349 dated March 29, 1988, is amended by striking out “last Saturday of October” and substituting “end of the general open season for hunting deer specified in the Deer Hunting Regulations”. 2 The regulations are further amended by adding th e following

Section immediately following

Section 7: 7A Despite

Section 5 and subsection 7(1), no person who holds a Bear Hunting Licence shall take, hunt or kill or attempt to take, hunt or kill a female bear that is accompanied by one or more cubs. 3 The regulations are further amended by striking out “last Thursday of October” in clause 10(4)(

b) and substituting “end of the general open season for hunting deer specified in the Deer Hunting Regulations”. 4 The regulations are further amended by striking out “Clause (

a) of subsection (2)” in subsection 10(5) and substituting “Clauses (2)(

a) and (f)”.