Residential and Resource Property Taxation Assessment Regulations (N.S. Reg. 80/2006) (just regulations rg2 2006 jl0706)

N.S. Reg. 80/2006

Nova Scotia — Gazette

© NS Registry of Regulations. Web version. 307

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 30, No. 12 July 7, 2006 Contents Act Reg. No.

Page Assessment Act Residential and Resource Property Taxation Assessment Regulations – amendment ..... 8 0 / 2006 309 Certified Management Accountants of Nova Scotia Act Proclamation of Act, S. 28, S.N.S. 2005, c. 35 .................................. 8 4 / 2006 313 Correctional Services Act Correctional Services Regulations ............................................ 9 9 / 2006 365 S h a r i n g o f H e a l t h I n f o r m a t i o n R e g u l a t i o n s ..................................... 9 3 /2006 347 Court Houses and Lockup Houses Act S h a r i n g o f H e a l t h I n f o r m a t i o n R e g u l a t i o n s ..................................... 9 3 /2006 347 Employment Support and Income Assistance Act Employment Support and Income Assistance Regulations – amendment .............. 8 6 / 2006 316 General Assembly P r o c l a m a t i o n ............................................................ 9 5 / 2006 352 Justice Administration Amendment

(2002) Act Proclamation, S. 50, S.N.S. 2002, c. 10 -

Part V ................................ 9 4 / 2006 350 Land Registration Act L a n d R e g i s t r a t i o n A d m i n i s t r a t i o n R e g u l a t i o n s – a m e n d m e n t ....................... 8 3 /2006 312 Municipal Government Act Determination of Boundaries between the Town of Bridgetown and the Municipality of the County of Annapolis ............................................... 8 1 / 2006 309 Municipal Grants Act Standard Expenditure per Dwelling Unit (2006-2007) Regulations .................. 8 2 / 2006 311

308 © NS Registry of Regulations. Web version. Table of Contents (cont.) Royal Gazette

Part II - Regulations Vol. 30, No. 12 Personal Property Security Act P e r s o n a l P r o p e r t y S e c u r i t y A c t G e n e r a l R e g u l a t i o n s – a m e n d m e n t .................. 8 7 /2006 316 Petroleum Products Pricing Act Petroleum Products Pricing Regulations ....................................... 9 7 / 2006 354 Proclamation, S. 16, S.N.S. 2005, c. 11 - Sections 4 and 11 ........................ 9 6 / 2006 353 Retail Business Uniform Closing Day Act Retail Business Uniform Closing Day Regulations ............................... 9 8 / 2006 363 Retail Business Uniform Closing Day Regulations – amendment ................... 100/2006 400 Sales Tax Act S a l e s T a x A c t R e g u l a t i o n s – a m e n d m e n t....................................... 8 5 / 2006 314

Summary Proceedings Act S u m m a r y O f f e n c e T i c k e t s R e g u l a t i o n s – a m e n d m e n t ............................. 9 1 /2006 320 – a m e n d m e n t........................................................... 9 2 / 2006 322 Wildlife Act 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 ....................................... 9 0 / 2006 319 G e n e r a l W i l d l i f e R e g u l a t i o n s – a m e n d m e n t .................................... 8 8 / 2006 318 H u n t e r E d u c a t i o n , S a f e t y a n d T r a i n i n g R e g u l a t i o n s – a m e n d m e n t ................... 8 9 /2006 319 In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act.

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

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

N.S. Reg. 80/2006 - 81/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 12 © NS Registry of Regulations. Web version. 309 N.S. Reg. 80/2006 Made: June 16, 2006 Filed: June 19, 2006 Residential and Resource Property Taxation Assessment Regulations Order in Council 2006-258 dated June 16, 2006 Amendment to regulations made by the Governor in Council pursuant to

Section 179 of the Assessment Act The Governor in Council on the report and recommendation of [the] Minister of Service Nova Scotia and Municipal Relations dated May 10, 2006, and pursuant to

Section 179 of

Chapter 23 of the Revised Statutes of Nova Scotia, 1989, the Assessment Act, is pleased, effective on and after June 16, 2006, to amend the Residential and Resource Property Taxation Assessment Regulations, N.S. Reg. 219/2004, made by the Governor in Council by Order in Council 2004-415 dated October 28, 2004, by (

a) striking out the period at the end of clause 6(

e) and substituting a semi-colon; and (

b) adding the following clause immediately after clause 6(e): (f) 10% for the municipal taxation year 2007-2008. N.S. Reg. 81/2006 Made: June 16, 2006 Filed: June 19, 2006 Determination of Boundaries Between the Town of Bridgetown and the Municipality of the County of Annapolis Order dated June 16, 2006 made by the Utility and Review Board pursuant to

Section 357 of the Municipal Government Act Decision and Order NSUARB-MB-06-04 2006 NSUARB 61 Nova Scotia Utility and Review Board In the Matter of the Municipal Government Act - and - In the Matter of an Application by the Town of Bridgetown and the Municipality of the County of Annapolis for a change in their mutual boundary Before: Roland A. Deveau Decision and Order

Whereas the Town of Bridgetown and the Municipality of the County of Annapolis have applied to the Nova Scotia Utility and Review Board for a change in their mutual boundary;

N.S. Reg. 81/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 12 310 © NS Registry of Regulations. Web version. And

whereas Notice of the Proposed Change to the Town and Municipal Boundary was advertised in the Chronicle Herald on Thursday, May 11, 2006, and the Annapolis County Spectator, a newspaper circulating in the area, on Thursday, May 18, 2006; and the advertisement invited objectors to advise the Board of their objections; And

whereas proof of the advertising has been provided to the Board; And

whereas the Board has received no objections to the application, within thirty (30) days after the first advertisement; It is hereby ordered pursuant to

Section 357 of the Municipal Government Act that the Board confirms the change to the mutual boundary between the Town of Bridgetown and the Municipality of the County of Annapolis by adding the following area to the Town: Beginning at a point where the north boundary of the Town of Bridgetown intersects the west side line of the Bay Road; Thence north 22 degrees 53 minutes 41 seconds west a distance of 148.62 feet to a point; Thence south 53 degrees 45 minutes 49 seconds west a distance of 253.21 feet to a point; Thence south 36 degrees 14 minutes 11 seconds east a distance of 92.1 feet to the north boundary of the Town of Bridgetown; Thence south 67 degrees 15 minutes 14 seconds east along the north boundary of the Town of Bridgetown 225.1 feet to the Place of Beginning.

The same containing an area of 28,358 square feet and comprising about two thirds of an acre. It is further ordered that the amended mutual boundary for the Town’s northern boundary is described in

Schedule “A” attached hereto and forming part of this Order. Dated at Halifax, Nova Scotia this 16th day of June, 2006. Sgd.: Elaine Wagner Clerk of the Board

Schedule “A” The Town of Bridgetown northern boundary is described as follows: Thence running west on the same course as the north line of lands formerly owned by Gilbert Gibson to the west side of the Bay or Inglewood Road; Thence north 22 degrees 53 minutes 41 seconds west along the west side of the Bay or Inglewood Road a distance of 148.62 feet; Thence south 53 degrees 45 minutes 49 seconds west a distance of 253.21 feet to a point; Thence south 36 degrees 14 minutes 11 seconds east a distance of 92.1 feet to the westerly extension of the north line of lands formerly owned by Gilbert Gibson;

N.S. Reg. 81/2006 - 82/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 12 © NS Registry of Regulations. Web version. 311 Thence westerly on the same course as the north line of lands formerly owned by Gilbert Gibson to the west line of lands formerly owned and occupied by L.A. Dickie, later owned and occupied by “The Valley Park Farm Limited”. N.S. Reg. 82/2006 Made: June 16, 2006 Filed: June 20, 2006 Standard Expenditure per Dwelling Unit (2006-2007) Regulations Order dated June 16, 2006 made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 11 of the Municipal Grants Act Regulation made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 11 of

Chapter 302 of the Revised Statutes of Nova Scotia, 1989, the Municipal Grants Act Standard Expenditure per Dwelling Unit 1 The standard expenditure per dwe lling unit for the purpose of calculating the grant referred to in

Section 11 of the Municipal Grants Act, for the 2006-2007 fiscal year, shall be as follows: Class I II Standard Expenditure 1103 443 Sgd.: Richard Hurlburt Honourable Richard Hurlburt Minister of Service Nova Scotia and Municipal Relations Halifax, Nova Scotia June 16 , 2006

N.S. Reg. 83/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 12 312 © NS Registry of Regulations. Web version. N.S. Reg. 83/2006 Made: June 16, 2006 Filed: June 20, 2006 Land Registration Administration Regulations Order dated June 16, 2006 made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 94 of the Land Registration Act In the matter of

Section 94 of

Chapter 6 of the Acts of 2001, the Land Registration Act - and - In the matter of an amendment to the Land Registration Administration Regulations Order I, Richard Hurlburt, Minister of Service Nova Scotia and Municipal Relations for the Province of Nova Scotia, under

Section 94 of

Chapter 6 of the Acts of 2001, the Land Registration Act, am pleased to amend the Land Registration Administration Regulations, N.S. Reg. 225/2004, made by order of the Minister of Service Nova Scotia and Municipal Relations dated November 8, 2004, in the manner set forth in the attached

Schedule “A”, effective on and after June 19, 2006. Dated and made at Halifax, Halifax Regional Municipality, Nova Scotia, June 16, 2006. Sgd.: Richard Hurlburt Honourable Richard Hurlburt Minister of Service Nova Scotia and Municipal Relations

Schedule “A” Amendment to the Land Registration Administration Regulations made by the Minister of Service Nova Scotia and Municipal Relations under

Section 94 of

Chapter 6 of the Acts of 2001, the Land Registration Act

Section 2 of the Land Registration Administration Regulations, N.S. Reg. 225/2004, made by the Minister of Service Nova Scotia and Municipal Relations on November 8, 2004, is amended by adding the following subsection immediately after subsection (2):

(3) Wherever there is a requirement to file an abstract of title or supporting materials under the Act or regulations, compliance shall be deemed to be satisfied if the eligible lawyer who is required to file them retains the abstract of title, any supporting materials and any associated forms required by the Act or the regulations, and makes them available for review by the Registrar General and audit by the Nova Scotia Barristers’ Society.

N.S. Reg. 84/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 12 © NS Registry of Regulations. Web version. 313 N.S. Reg. 84/2006 Made: June 22, 2006 Filed: June 26, 2006 Proclamation, S. 28, S.N.S. 2005, c. 35 Order in Council 2006-261 dated June 22, 2006 Proclamation made by the Governor in Council pursuant to

Section 28 of the Certified Management Accountants of Nova Scotia Act The Governor in Council on the report and recommendation of the Acting Minister of Finance dated May 15, 2006, pursuant to

Section 28 of

Chapter 35 of the Acts of 2005, the Certified Management Accountants of Nova Scotia Act, is pleased to order and declare by proclamation that

Chapter 35 of the Acts of 2005, the Certified Management Accountants of Nova Scotia Act, do come into force on and not before June 23, 2006. 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 28 of

Chapter 35 of the Acts of 2005, the Certified Management Accountants of Nova Scotia Act, it is enacted as follows: 28 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 35 of the Acts of 2005, the Certified Management Accountants of Nova Scotia Act, come into force on and not before June 23, 2006; 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 35 of the Acts of 2005, the Certified Management Accountants of Nova Scotia Act, come into force on and not before June 23, 2006, 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 22 nd day of June, in the year of

N.S. Reg. 84/2006 - 85/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 12 314 © NS Registry of Regulations. Web version. Our Lord two thousand and six and in the fifty- fifth year of Our Reign. BY COMMAND: Sgd: Murray K. Scott Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 85/2006 Made: June 22, 2006 Filed: June 26, 2006 Sales Tax Act Regulations Order in Council 2006-264 dated June 22, 2006 Amendment to regulations made by the Governor in Council pursuant to

Section 13 of the Sales Tax Act The Governor in Council on the report and recommendation of the Minister of Finance dated June 21, 2006, and pursuant to

Section 13 of

Chapter 31 of the Acts of 1996, the Sales Tax Act, is pleased to amend the regulations respecting sales tax, N.S. Reg. 33/97, made by the Governor in Council by Order in Council 97-208 dated April 1, 1997, [in the manner] set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after July 1, 2006.

Schedule “A” Amendment to the Sales Tax Act Regulations made by the Governor in Council pursuant to

Section 13 of

Chapter 31 of the Acts of 1996, the Sales Tax Act 1

Section 9 of the Sales Tax Act Regulations, N.S. Reg. 33/97, made by the Governor in Council by Order in Council 97-208 dated April 1, 1997, is repealed and the following

Section substituted: 9( 1 ) The Minister may, upon application, authorize a rebate of an amount equal to the lesser of $300 and the amount of tax paid by the applicant under subsection 165(2) of the Excise Tax Act (Canada) on the purchase of a computer if (

a) the applicant is visually impaired, h earing impaired or physically or mentally challenged; or (

b) the applicant purchased the computer on behalf of a visually impaired, hearing impaired or physically or mentally challenged person.

(2) Every application for a rebate under subsection (1) shall be accompanied by (

a) a copy of the agreement under which the computer was purchased, showing the total purchase price and the amount of tax paid on the purchase; and

N.S. Reg. 85/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 12 © NS Registry of Regulations. Web version. 315 (

b) a statement from a registered medical pr actitioner certifying that the applicant or the person who will use or primarily benefit from the use of the computer is visually impaired, hearing impaired or physically or mentally challenged.

(3) No rebate shall be made under subsection (1) unless the application for the rebate is made within 24 months after the payment of tax in respect of which the rebate is claimed. 2 Subsection 10(1) of the regulations is rep ealed and the following subsection substituted: 10

(1) The Minister may, upon application, authorize a rebate of an amount equal to the lesser of $3000 and the amount of tax paid under subsection 165(2) of the Excise Tax Act (Canada) by the applicant on (

a) the purchase of a passenger vehicle, a truck having a load capacity not exceeding 3/4 of a ton or a van, if (

i) the applicant (

A) has a physiological impairment that deprives the applicant of the use of both lower limbs, (

B) has a valid motor vehicle driver’s license, and (

C) primarily uses the vehicle for personal transportation, and (ii) the vehicle is the only vehicle currently registered in the applicant’s name with Service Nova Scotia and Municipal Relations, Registry of Motor Vehicles; or (

b) the purchase of a passenger vehicle, a truck having a load capacity not exceeding 3/4 of a ton or a van, if (

i) the vehicle is equipped with a device used primarily to enable wheelchairs to enter and leave the vehicle, (ii) the vehicle is used primarily for the transportation of a person who has a physiological impairment that deprives the person of the use of both lower limbs, (iii) the vehicle is not operated or permitted to be used for profit or as part of any undertaking carried on for gain, and (iv) there is no other vehicle registered in the applicant’s name with Service Nova Scotia and Municipal Relations, Registry of Motor Vehicles, for which a rebate has been granted under subsection (1). 3 Subsection 10(3) of the regulations is rep ealed and the following subsection substituted:

(3) No rebate shall be made under subsection (1) unless the application for the rebate is made within 24 months after the payment of tax in respect of which the rebate is claimed. 4 Subsection 10(4) of the regulations is amended by striking out “pursuant to

Part IX” and substituting “under subsection 165(2)”.

N.S. Reg. 86/2006 - 87/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 12 316 © NS Registry of Regulations. Web version. N.S. Reg. 86/2006 Made: June 22, 2006 Filed: June 26, 2006 Employment Support and Income Assistance Regulations Order in Council 2006-270 dated June 22, 2006 Amendment to regulations made by the Governor in Council pursuant to

Section 21 of the Employment Support and Income Assistance Act The Governor in Council on the report and recommendation of the Minister of Community Services dated May 26, 2006, and pursuant to

Section 21 of

Chapter 27 of the Acts of 2000, the Employment Support and Income Assistance Act, is pleased, effective on and after June 22, 2006, to amend the Employment Support and Income Assistance Regulations, N.S. Reg. 25/2001, made by the Governor in Council by Order in Council 2001-138 dated March 23, 2001, by adding “the Universal Child Care Benefit,” immediately after “the Nova Scotia Child Benefit,” in

Section 52. N.S. Reg. 87/2006 Made: June 22, 2006 Filed: June 26, 2006 Personal Property Security Act General Regulations Order in Council 2006-271 dated June 22, 2006 Amendment to regulations made by the Governor in Council pursuant to

Section 72 of the Personal Property Security Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated May 2, 2006, pursuant to

Section 72 of

Chapter 13 of the Acts of 1995-96, the Personal Property Security Act, is pleased to amend the Personal Property Security Act General Regulations, N.S. Reg. 129/97, made by the Governor in Council by Order in Council 97-621 dated October 1, 1997, to strike out provisions setting fees that now are set by legislation and to make a related amendment, and to make amendments to permit the Director of Maintenance Enforcement to register a notice of maintenance obligation, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 22, 2006.

Schedule “A” Amendment to the Personal Property Security Act General Regulations made pursuant to

Section 72 of

Chapter 13 of the Acts of 1995-96, the Personal Property Security Act 1

(1) Section 2 of the Personal Property Security Act General Regulations made by the Governor in Council by Order in Council 97-621 dated October 1, 1997, is renumbered as subsection 2(1). (2) Subsection 2(1) of the regulations is amended by (

a) striking out “and” at the end of subc lause (f)(

i) and adding the following subclause immediately after subclause (f)(i):

N.S. Reg. 87/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 12 © NS Registry of Regulations. Web version. 317 (ia) where the registration is in respect of a notice of maintenance obligation, a payor under the Maintenance Enforcement Act, and (

b) adding “or the Director of Maintenance Enfor cement,” immediately after “venture” in clause (g), and (

c) adding “except the Director of Maintenance Enforcement” immediately after “individual” in clause (g).

(3) Section 2 of the regulations is further amended by adding the following subsection immediately after subsection 2(1):

(2) In the Act and these regulations, for the purpose of the registration of interests or notices authorized by any Act other than the Personal Property Security Act to be registered in the Registry, (a) “financing statement” is redefined to in clude a notice of maintenance obligation being registered under the Maintenance Enforcement Act; (b) “secured party” is redefined to include the Director of Maintenance Enforcement, if the security interest is a notice of maintenance obligation; (c) “Director of Maintenance Enforcemen t” means the Director of Maintenance Enforcement appointed under the Maintenance Enforcement Act; (d) “notice of maintenance obligation” means a notice of maintenance obligation under the Maintenance Enforcement Act. 2 Clause 4(1)(

a) of the regulations is amended by adding “or taxes under the Act” immediately after “regulations”. 3

Section 15 of the regulations is amended by addi ng “and a financing statement that is a notice of maintenance obligation” immediately after “law”. 4

Section 16 of the regulations is amended by addi ng “or a financing statement that is a notice of maintenance obligation” immediately after “Act”. 5

Section 22 of the regulations is amended by (

a) striking out “Where the secured party is an ente rprise,” in subsection (3) and substituting “Except as provided in subsection (3A), where the secured party is an enterprise,”. (

b) adding the following subsection immediately after subsection (3): (3A) Where the secured party is the Director of Maintenance Enforcement making a registration under the Maintenance Enforcement Act, the registrant shall indicate that the secured party is an enterprise and enter the title “Director of Maintenance Enforcement” as the name of the secured party. 6 Subsection 83(1) of the regulations is amended by re pealing clauses (a), (b), (c), (d), (

g) and (h).

N.S. Reg. 88/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 12 318 © NS Registry of Regulations. Web version. N.S. Reg. 88/2006 Made: June 22, 2006 Filed: June 26, 2006 General Wildlife Regulations Order in Council 2006-273 dated June 22, 2006 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 May 1, 2006, 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 General Wildlife Regulations, N.S. Reg. 205/87, made by the Governor in Council by Order in Council 87-1181 dated September 29, 1987, to make housekeeping changes related to the sale of wildlife, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 22, 2006.

Schedule “A” Amendment to the General Wildlife Regulations made by the Governor in Council pursuant to

Section 113 of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act The General Wildlife Regulations, N.S.

Reg. 205/87, made by the Governor in Council by Order in Council 87-1181 dated September 29, 1987, are amended by repealing subsection 9(1) and substituting the following subsection: 9( 1 ) Subject to the Act and the regulations made under the Act, any person may sell, expose for sale, offer for sale, process for sale, possess for sale, trade, barter or purchase any wildlife or parts of wildlife taken in accordance with the Act and the regulations made under the Act, except that it shall be an offence to sell, expose for sale, offer for sale, process for sale, possess for sale, trade, barter or purchase any of the following: (

a) the meat of white-tailed deer, moose, bullfrogs, snapping turtles or game birds, unless permitted by regulation or licence; (

b) the pelts of fur-bearing animals, except to a licensed fur buyer, unless the pelts are sold to a purchaser for the personal use or purposes of the purchaser; (

c) the green hides of white-tailed deer or moose, except to a licensed hide dealer, unless the hides are sold to a purchaser for the personal use or purposes of the purchaser; (

d) the green hides, galls, paws, claws or teeth of a bear, except to a licensed fur buyer, unless the hides, galls, paws, claws or teeth are sold to a purchaser for the personal use or purposes of the purchaser; (

e) the gallbladder of a bear, unless the bear gallbladder is sealed.

N.S. Reg. 89/2006 - 90/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 12 © NS Registry of Regulations. Web version. 319 N.S. Reg. 89/2006 Made: June 22, 2006 Filed: June 26, 2006 Hunter Education, Safety and Training Regulations Order in Council 2006-274 dated June 22, 2006 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 May 1, 2006, 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 Hunter Education, Safety and Training Regulations, N.S. Reg. 208/87, made by the Governor in Council by Order in Council 87-1184 dated September 29, 1987, to accommodate safety issues for additional seasons when deer hunting is permitted with a rifle, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 22, 2006.

Schedule “A” Amendment to the Hunter Education, Safety and Training 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 Subsection 13(2) of the Hunter Education, Safety and Training Regulations, N.S. Reg. 208/87, made by the Governor in Council by Order in Council 87-1184 dated September 29, 1987, is amended by (

a) adding “during a season when deer hunting with a rifle is not permitted” immediately after “site” in clause (i); and (

b) repealing clause (

k) and substituting the following clause: (

k) a person in a tree stand or in a blind while bow hunting deer during a season when deer hunting with a rifle is not permitted; or N.S. Reg. 90/2006 Made: June 22, 2006 Filed: June 26, 2006 Deer Hunting Regulations Order in Council 2006-275 dated June 22, 2006 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 May 1, 2006, 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, N.S. Reg. 59/88, made by the Governor in

N.S. Reg. 90/2006 - 91/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 12 320 © NS Registry of Regulations. Web version. Council by Order in Council 88-348 dated March 29, 1988, to make housekeeping changes and to authorize a two-day youth-only deer hunt, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 22, 2006.

Schedule “A” Amendment 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 1T h e Deer Hunting Regulations, N.S. Reg. 59/88, made by the Governor in Council by Order in Council 88-348 dated March 29, 1988, are amended by adding the following heading and

Section immediately after

Section 7: Special youth season for hunting deer 7A

(1) The special youth season for hunting deer is defined as the 2-day period comprising the second-last Friday in October and the immediately following Saturday.

(2) Despite subsections 6(2) and (4) of these regulations and subsection 4(1) and clause 4(2)(

b) of the Firearm and Bow Regulations made under the Act, a person who is 16 or 17 years of age and who meets the other requirements of the Act and the regulations made under the Act may, without acquiring a Bowhunter Stamp, hunt deer with any of the weapons specified in clauses 4(1)(a), (

b) and (

c) of the Firearm and Bow Regulations during the special youth season for hunting deer. 2 Subsection 10(4) of the regulations is rep ealed and the following subsection substituted:

(4) No person shall possess more than 15 pounds of the meat of a deer that they did not kill unless the person has been issued a valid storage permit. 3

Section 11 of the regulations is amended by (

a) striking out “by post”; and (

b) striking out “attached to the Deer Hunting License”. N.S. Reg. 91/2006 Made: June 22, 2006 Filed: June 26, 2006

Summary Offence Tickets Regulations Order in Council 2006-280 dated June 22, 2006 Amendment to regulations made by the Minister of Justice and by the Governor in Council pursuant to

Section 8 of the

Summary Proceedings Act The Governor in Council on the report and recommendation of the Minister of Justice and Attorney General dated April 13, 2006, and pursuant to

Section 8 of

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

N.S. Reg. 91/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 12 © NS Registry of Regulations. Web version. 321 the

Summary Proceedings Act, is pleased to amend the

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

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

Schedule “A” attached to and forming part of the report and recommendation, effective on and after July 1, 2006. Order I, Murray Scott, Minister of Justice and Attorney General of Nova Scotia, do hereby order and direct pursuant to

Section 8 of

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

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

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

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

Summary Offence Tickets Regulations set out in

Schedule “A”. Dated and made April 13, 2006, at Halifax, Halifax Regional Municipality, Province of Nova Scotia. Sgd.: Murray Scott Honourable Murray Scott Minister of Justice and Attorney General of Nova Scotia

Schedule “A” Amendment to the

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

Section 8 of

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

Summary Proceedings Act The

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

Schedule 17 and substituting the following Schedule:

Schedule 17 Building Code Act Offence

Section Out of Court Settlement 1 Individual constructing or demolishing building (specify) without permit 8(a) $675.00 2 Corporation constructing or demolishing building (specify) without permit 8(a) $1250.00 3 Individual occupying or changing class of occupancy (specify) of building without permit 8(b) $675.00 4 Corporation occupying or changi ng class of occupancy (specify) of building without permit 8(b) $1250.00 5 Individual furnishing false information 19(1)(a) $675.00 6 Corporation furnishing false information 19(1)(a) $1250.00

N.S. Reg. 91/2006 - 92/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 12

Schedule 17 Building Code Act Offence

Section Out of Court Settlement 322 © NS Registry of Regulations.

Web version. 7 Individual failing to comply with any order, direction or requirement of Act or regulations (specify) 19(1)(b) $675.00 8 Corporation failing to comply with an y order, direction or requirement of Act or regulations (specify) 19(1)(b) $1250.00 9 Individual contravening Act or re gulations (specify) 19(1)(c) $675.00 10 Corporation contravening Act or regulations (specify) 19(1)(c) $1250.00 11 Individual failing to comply with court order made under subsection 19(4) or subsection 19(5) (specify) 19(6) $675.00 12 Corporation failing to comply with order made under subsection 19(4) or subsection 19(5) (specify) 19(6) $1250.00 N.S.

Reg. 92/2006 Made: June 22, 2006 Filed: June 26, 2006

Summary Offence Tickets Regulations Order in Council 2006-285 dated June 22, 2006 Amendment to regulations made by the Governor in Council pursuant to

Section 8 of the

Summary Proceedings Act The Governor in Council on the report and recommendation of the Minister of Justice dated June 21, 2006, and pursuant to

Section 8 of

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

Summary Proceedings Act, is pleased to amend the

Summary Offence Tickets Regulations, N.S. Reg. 4/2001, made by the Governor in Council by Order in Council 2001-21 dated January 18, 2001, to replace offences designated under the Motor Vehicle Act and to amend the regulations so that out of court settlement amounts do not have to be listed in the applicable

Schedule and a designation may be made for an offence to indicate no out of court settlement is available, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after July 1, 2006. Order I, Murray Scott, Minister of Justice and Attorney General of Nova Scotia, do hereby order and direct pursuant to

Section 8 of

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

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

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

Schedule “A”, is the amount of the out-of-court settlement set out opposite the description of that offence or corresponding to the category letter set out opposite the description of that offence, and the out-of-court settlement amount includes the charge provided for, and in accordance with, Sections 8 and 9 of the Act.

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Part II - Regulations Vol. 30, No. 12 © NS Registry of Regulations. Web version. 323 This Order is effective on and after the making by the Governor in Council of the amendments to the

Summary Offence Tickets Regulations set out in

Schedule “A”. Dated and made June 21, 2006, at Halifax, Halifax Regional Municipality, Province of Nova Scotia. Sgd.: Murray Scott Honourable Murray Scott Minister of Justice and Attorney General of Nova Scotia

Schedule “A” Amendment to the

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

Section 8 of

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

Summary Proceedings Act 1

Section 5 of the

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

Section substituted: 5( 1 ) An offence charged in a

summary offence ticket or a parking-infraction ticket is one for which the penalty may be paid out of court if (

a) there is an amount listed in the out of court settlement column opposite the description of the offence in the applicable schedule; or (

b) there is a category letter listed in the out of court settlement column opposite the description of the offence in the applicable Schedule.

(2) If “Nil” appears in the out of court settlement column opposite the description of the offence in the applicable schedule, the offence cannot be paid out of court. 2 The regulations are further amended by adding the following

Section immediately after

Section 5: Out of court settlement amount 5A

(1) The amount to be paid for out of court settlement for an offence listed in a

schedule to these regulations is (

a) the amount that is listed in the out of court settlement column opposite the description of the offence in the schedule; or (

b) for an offence that is punishable under an enactment as a category offence under

Section 4B of the Act, the amount listed in the following table for the offence category letter that appears opposite the description of the offence in the applicable

schedule and for the incidence of the offence:

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Category Offence Out of Court Settlement A first offence second offence third or subsequent offence $128.75 $157.50 $215.00 A (parking) first offence second offence third or subsequent offence $ 55.00* $ 80.00* $130.00* B first offence second offence third or subsequent offence $157.50 $215.00 $330.00 B (parking) first offence second offence third or subsequent offence $ 80.00* $130.00* $230.00* C first offence second offence third or subsequent offence $215.00 $330.00 $560.00 C (parking) first offence second offence third or subsequent offence $130.00* $230.00* $430.00* D first offence second offence third or subsequent offence $272.50 $445.00 $790.00 E first offence second offence third or subsequent offence $330.00 $560.00 $790.00 F first offence second offence third or subsequent offence $387.50 $675.00 $1250.00 G first offence second offence third or subsequent offence $675.00 $1250.00 $2400.00 H first offence second offence third or subsequent offence $1250.00 $2400.00 $5850.00 I first offence second offence third or subsequent offence $1250.00 $2400.00 $4700.00 J first offence second offence third or subsequent offence $1825.00 $2975.00 $5850.00 (*The amount to be paid for out of court settlement of a parking offence is reduced by $30 if it is paid during the first 60 days after the ticket is issued.)

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(2) Despite subsection (1), the amount to be paid for out of court settlement for an offence listed in

Schedule PT is the minimum amount set out in subsection (1) for the category of the offence, regardless of the incidence of the offence. 3

(1) The regulations are further amended by striking out the heading immediately preceding

Section 6 and substituting “Components of out of court settlement amount”. (2) Subsection 6(1) of the regulations is am ended by striking out “listed in a Schedule”. 4

Section 7 of the regulations is repeal ed and the following

Section substituted: 7 In accordance with subsections 8(5) and (6) of the Act, a ticket may be indorsed by a peace officer by entering one of the following, as applicable, on the summons portion of the

summary offence ticket or the parking-infraction ticket: (

a) the out of court settlement amount listed opposite the description of the offence in the applicable Schedule; (

b) the out of court settlement amount set out in

Section 5A that corresponds to the offence category listed opposite the description of the offence in the applicable

Schedule and to the incidence of the offence. 5 The regulations are further amended by repeali ng

Schedule PT and substituting the attached

Schedule PT. 6 The regulations are further amended by repeali ng

Schedule 4 and substituting the attached

Schedule 4. 7

(1) Schedule 4A of the regulations is amended by adding the following heading and items immediately before the heading “Regulations Respecting the Use of Metal Studded Tires Regulations (RRMST)”: Number Plates Regulations 1. Failing to display single license plate at rear of passenger or light commercial motor vehicle, for first or second offence third or subsequent offence 2(1) $128.75 $157.50 2. Failing to display single license plate at front of heavy commercial motor vehicle, for first or second offence third or subsequent offence 2(2) $128.75 $157.50 3.

Failing to display single personalized license plate at rear of motor vehicle, for first or second offence third or subsequent offence 2(3) $128.75 $157.50 4. Failing to display license plates at both front and rear of vehicle, for first or second offence third or subsequent offence 2(4) $128.75 $157.50 (3) [(2)]

Schedule 4A is further amended by a dding the following heading and items immediately before the heading “Weights and Dimensions of Vehicles Regulations (WDVR)”:

N.S. Reg. 92/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 12 326 © NS Registry of Regulations. Web version. Securing of Loads on Vehicles Regulations 1. Consignor of goods, agent or employee failing to secure load, for first offence second offence third or subsequent offence 1 $117.25 $128.75 $157.50 2. Owner, operator or lessee failing to provide load securing devices or post requirements of regulations (specify), for first offence second offence third or subsequent offence 2 $117.25 $128.75 $157.50 3. Carrier, agent or employee failing to inspect and maintain security of the load, for first offence second offence third or subsequent offence 3 $117.25 $128.75 $157.50

Schedule PT Parking-Infraction Ticket Offences Offence

Section Offence Category or Out of Court Settlement* (*The amount to be paid for out of court settlement of a parking offence is reduced by $30 if it is paid during the first 60 days after the ticket is issued.) Motor Vehicle Act 1. Parking on left-hand roadwa y of divided highway 112(1)(

a) C 2. Parking when less than 4.5 m width of roadway remains for traffic 138(1) B 3. Parking when vehicle cannot be viewed clearly from 60 m away 138(1) B 4. Parking in manner that might interfere with snow removal or winter maintenance 139(1) B 5. Stopping or parking in intersection 143(

a) A 6. Stopping or parking on or within 5 m of crosswalk 143(

b) A 7. Stopping or parking within 7.5 m of intersection of curb lines 143(

d) A 8. Stopping or parking within 10 m of traffic sign or signal 143(

e) A 9. Stopping or parking within 5 m of fire station driveway 143(

f) A 10. Stopping or parking within 5 m of fire hydrant 143(

g) A 11. Stopping or parking in front of driveway 143(

h) A

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Section Offence Category or Out of Court Settlement* © NS Registry of Regulations. Web version. 327 12. Stopping or parking on sidewalk 143(

i) A 13. Stopping or parking where tra ffic would be obstructed 143(

j) A 14. Stopping or parking on roadway side of other stopped or parked vehicle 143(

k) A 15. Stopping or parking where prohibited by sign 143(

l) A 16. Stopping or parking within 15 m of railway crossing 143(

m) A 17. Stopping or parking on crest of grade where view obstructed 143(

n) A 18. Stopping or parking in passenger zone for longer than necessary for loading or unloading 144(3) A 19. Stopping or parking in loading zone for longer than 30 minutes 144(4) A 20. Stopping or parking in passe nger zone or loading zone when not loading or unloading 144(5) A 21. Stopping or parking in accessible-parking zone without mobility-disabled identification permit 145(3) C 22. Stopping or parking on private property marked for use by mobility-disabled person without mobility-disabled identification permit 145(4) C 23. Stopping or parking at bus stop or taxi stand 146(2) A 24.

Bus or taxicab driver (specify) stopping or parking at other than designated stop 146(3) A 25. Stopping or parking in business or residence area when less than 3 m width of roadway remains for traffic 148(1) A 26. Parking in alley when less than 3 m width of roadway remains for traffic 148(2) A 27. Parking on private property w ithout consent of owner 149(1) A 28. Stopping or parking in fire lane 150 C 29. Failing to obey parking sign (specify) 151 B 30. Parking vehicle on highway for longer than 24 hours 155(1) A 31. Parking commercial vehicle on highway for longer than 2 consecutive hours 155(2) A 32.

Stopping or parking vehicle in direction other than direction of traffic 156(1) A

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Section Offence Category or Out of Court Settlement* 328 © NS Registry of Regulations. Web version. 33. Stopping or parking vehicle other than parallel or with curb-side wheels more than 150 mm from edge of roadway 156(1) A 34. Abandoning motor vehicle for more than 24 hours 158(1) A 35. Parking vehicle displayed for sale on highway 159(1) A 36. Parking vehicle on highway fo r displaying advertising 159(2) A 37. Failing to set brakes and stop motor of parked vehicle 160(1) A 38. Failing to turn front wheels to curb when parked on grade 160(1) A 39.

Parking within 150 m of fire apparatus stopped in response to fire alarm 161(1) B Bedford By-Pass and Highway No. 101 Parking Regulations 1. Parking on Bedford By-pass 1(a) $45.00 2. Parking on Highway 101 1(b) $45.00 Town of Bridgewater Parking Lots By-law 1. Violating parking sign 3(2) $45.00 Cape Breton Regional Municipality By-law T5 - Parking Meters 1. Meter violation 3(1) $45.00 2. Overtime at meter 3(2) $45.00 3. Depositing slug 6 $45.00 Halifax Regional Municipality By-law P-500 - Parking Meters 1. Meter feeding 12(1) $55.00 2. Overtime at meter 12(1) $55.00 3.

Commercial vehicle left at meter over 30 minutes 13 $55.00 4. Meter violation 14 $55.00 5. Depositing slug 15 $55.00 Halifax Regional Municipality Winter Parking Ban Regulations 1. Parking during winter ban (1 am - 7 am) 1(a) $55.00 2. Parking on street during snow storm 1(b) $55.00 Town of Lunenburg By-law No. 20 - Parking Meters 1. Meter violation 11(2) $40.00 2. Depositing slug 13 $40.00

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Section Offence Category or Out of Court Settlement* © NS Registry of Regulations. Web version. 329 Town of Lunenburg Winter Parking Ban Regulations 1. Parking during winter ban (1 am - 7 am) 1(a) $45.00 2. Parking on street during snow storm 1(b) $45.00 Queens Regional Municipality Parking Lot By-law 1. Parking over 3 hours 4(c) $55.00 2. Parking in reserved space 4(d) $55.00 3. Parking over 1 hour 5 $55.00 Queens Regional Municipality Parking Meter By-law 1. Meter violation 6 $45.00 2. Overtime at meter 7 $45.00 3. Depositing slug 8 $45.00 Town of Truro Parking Meter Regulations 1. Overtime at meter 9 $40.00 2.

Meter violation 10 $40.00 3. Depositing slug 11 $40.00 Provincial Winter Parking Regulations 1. Parking during winter ban (1 am - 7 am) 2(1)(a) $45.00 2. Hindering snow removal 2(1)(b) $45.00 3. Parking on highway/street during snowstorm 2(1)(c) $45.00

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Schedule 4 Motor Vehicle Act Offence

Section Offence Category 1. Failing to comply with request of motor vehicle inspector or misleading or obstructing inspector 6(4) D 2. Operating prohibited vehicle on highway 11 D 3. Operating vehicle without registration 13 D 4. Applying for vehicle registration contrary to Act 14 A 5. Operating vehicle contrary to special conditions stated on permit 16(1) B 6. Failing to have in possession or carry in vehicle unexpired vehicle permit 18(1) A 7. Improperly secured license plate 20(2) C 8. Improperly positioned license plate 20(2) C 9. License plate not clearly legible 20(2) C 10.

Failing to complete notice of sale portion of certificate of registration and immediately forward to Department on sale of vehicle 23(4) C 11. Dealer failing to give notice of transfer to Department 24 C 12. Dealer causing or permitting vehicle to be operated without number plate displayed 26(2) C 13. Failing to attach dealer number plate to rear of vehicle 26(4) C 14. Operating vehicle with dealer number plate attached in transporting persons or goods or when vehicle being rented (specify) 27(1) C 15. Using dealer plates without proof of ownership 27(3) C 16.

Failing to produce dealer’s permit bearing same number as license plate 28(2) B 17. Using dealer plates for transporting vehicles contrary to dealer’s permit 29(4) C 18. Failing to comply with conditions stated on temporary numbers (specify) 30(1) A 19. Failing to properly display in-transit permit 30(5) A 20. Failing to remove and destroy in-transit permit 30(5) A 21. Failing to comply with provisions of in-transit permit (specify) 30(6) A

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Section Offence Category © NS Registry of Regulations. Web version. 331 22. Failing to comply with regulations respecting dealers’ licenses 32(3) F 23. Offering for sale or selling new vehicle that does not conform to Motor Vehicle Safety Act (Canada) standards 33 F 24. Failing to return defective license plate to Department 34(1) A 25. Failing to return defective permit to Department 34(1) A 26. Failing to notify Department of number plates no longer in possession 34(2) A 27. Failing to apply for replacement of lost or damaged number plates (specify) 34(3) A 28.

Failing to deliver found current year number plate to Registrar or peace officer 35(1) A 29. Failing to display number plates for current registration year 37(1)(

a) B 30. Operating unregistered vehicle 37(1)(

a) B 31. Displaying cancelled, revoked or suspended (specify) permit or number plate (specify) 37(1)(

b) B 32. Displaying number plate issued for another vehicle 37(1)(

c) B 33. Lending permit or number plate (specify) to one not entitled 37(1)(

d) B 34. Failing to surrender permit or number plate (specify) on demand 37(1)(

e) B 35. Making false statement on application for registration 37(1)(

f) B 36. Displaying fictitious, defaced or altered number plate or number plate other than as provided in the Act (specify) 37(1)(

g) B 37. Operating vehicle without attached identification or proof of registration 38(2) B 38. Operating or permitting operation of motor vehicle (specify) without certificate of registration 40(2) B 39. Operating motor vehicle while having reason to believe owner does not have certificate of registration 40(2) B 40. Making false statement on application for registration certificate 41(3) G 41. Failing to obtain certificate of registration before sale 43(1) G 42. Failing to execute assignment of interest on certificate of registration 43(2) G 43. Making false statement in assignment of interest 43(6) G

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Section Offence Category 332 © NS Registry of Regulations. Web version. 44. Altering certificate of registration or assignment of certificate of registration (specify) 46 NIL 45. Knowingly holding or usi ng altered or falsified certificate of registration or assignment (specify) 46 NIL 46. Operating altered motor vehicle without permission of Department 47 E 47. Altering serial number of vehicle or placing serial number on vehicle (specify) 49 NIL 48. Altering serial number on bicycle 50 B 49.

Operating, possessing or dealing with (specify) motor vehicle when attempt has been made to alter identification 51(1) NIL 50. Failing to have dealer license 53(1) G 51. Making false statement in application for dealer’s license 53(4) G 52. Licensed dealer failing to maintain dealer record as required 56(1) G 53. Licensed dealer failing to have in dealer’s name and possession certificate of registration for each motor vehicle in dealer’s possession 56(2) G 54. Garage keeper failing to transmit report of motor vehicles to Department 58 A 55.

Renter permitting operation of rented vehicle without permission of owner 62(3) B 56. Conducting driver training school contrary to regulations 63(3)(

a) E 57. Providing or offering to provide (specify) instruction in operation of motor vehicle contrary to regulations 63(3)(

b) E 58. Operating motor vehicle without valid driver’s license 64 D 59. Operating motor vehicle without proper class of driver’s license for type of vehicle 64 D 60. Non-resident operating motor vehicle with suspended driver’s license 65(2) C 61. Person under 19 operating passe nger carrying vehicle for hire 69(1) B 62. Person 65 or older operating bus 69(2) B 63. Licensed learner operating motor vehicle contrary to conditions in Act (specify) 70(2) C 64. Licensed learner driving motor vehicle with approved instructor with more than 3 passengers in back seat 70(4) C

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Section Offence Category © NS Registry of Regulations. Web version. 333 65. Licensed learner operating motorcycle on highway when out of sight of examiner or for purpose other than being examined by examiner (specify) 70(5) C 66. Failing to produce valid license when accompanying licensed learner on highway 70(9) C 67. Person accompanying licensed learner pretending to be experienced driver 70(10) C 68. Person accompanying licensed learner pretending to be licensed for type or class of vehicle being operated 70(10) C 69. Licensed learner permitting other person to use their learner’s license 70(11) C 70. Newly licensed driver failing to comply with provisions of

Section (specify) 70A(8) C 71. Holder of motorcycle learner’s license driving motorcycle with another person on motorcycle 70B(2)(

a) C 72. Holder of motorcycle learner’s license driving motorcycle during period from half hour after sunset to half hour before sunrise 70B(2)(

b) C 73. Licensed driver failing to notify Registrar of change in address 71(3) A 74. Failing to comply with special conditions on license (specify) 75(5) D 75. Operating motorcycle on highway without motorcycle license 76 D 76. Failing to display driver’s license on demand of peace officer 78(2) A 77. Displaying fictitious or cancelled license (specify) 80(

a) G 78. Licensed driver lending their driver’s license 80(

b) G 79. Displaying another person’s driver’s license 80(

c) G 80. Failing to surrender suspe nded, cancelled or revoked driver’s license (specify) 80(

d) G 81. Making false statement on application for driver’s license 80(

e) G 82. Attempting to mislead peace officer by pretending to be licensed 80(

f) G 83. Permitting unlicensed driver to operate motor vehicle 82 D 84. Failing to obey peace officer (specify) 83(1) C 85. Commercial driver failing to obey peace officer (specify) 83(1) C

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Part II - Regulations Vol. 30, No. 12 Offence

Section Offence Category 334 © NS Registry of Regulations. Web version. 86. Failing to obey traffic sign or signal (specify) 83(2) B 87. Commercial driver failing to obey traffic sign or signal (specify) 83(2) B 88. Participating in parade, procession or walkathon (specify) without permit 90(9) B 89. Failing to yield right of way to pedestrian on green or flashing green light 93(2)(

a) B 90. Failing to proceed in direction of arrow on green arrow light 93(2)(

b) B 91. Failing to yield right of way to pedestrian on green arrow light 93(2)(

b) B 92. Failing to stop at amber light when able to stop safely 93(2)(

c) B 93. Failing to stop at red light 93(2)(

e) B 94. Failing to yield to pedestrian on turn at red light 93(2)(

e) B 95. Failing to stop before entering intersection at flashing red light 93(2)(

f) B 96. Failing to yield to pedestrian or other vehicle (specify) at flashing red light 93(2)(

f) B 97. Failing to proceed with caution at flashing amber light 93(2)(

g) B 98. Failing to yield to traffic within or approaching intersection at flashing amber light 93(2)(

g) B 99. Failing to yield to pedestrian at walk light 93(2)(

h) B 100. Pedestrian failing to proceed in crosswalk at walk light 93(2)(

h) B 101. Pedestrian proceeding across intersection or highway at don’t walk light 93(2)(

i) B 102. Driving in lane marked with red X traffic lane signal 93(4)(

b) B 103. Displaying unofficial sign, signal or device resembling official sign or signal (specify) 94(1) C 104. Placing commercial advertising on official sign or signal (specify) 94(1) C 105. Placing or maintaining (specify) glaring light near highway 95(1) A 106. Interfering with official traffic sign or signal (specify) 96 C 107. Failing to immediately stop at scene of accident 97(1) NIL

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Section Offence Category © NS Registry of Regulations. Web version. 335 108. Failing to give name, addr ess and registration number of vehicle or exhibit driver’s license to person struck, to driver or occupants of vehicle collided with, or to witness (specify) 97(3) NIL 109. Failing to render reasonable assistance to person injured in accident 97(3) NIL 110. Failing to take reasonable steps to locate and notify owner of, or person who has control over, unattended vehicle or property damaged in accident (specify) of circumstances of accident 97(4) NIL 111.

Failing to give name, address, registration number of vehicle and number of driver’s license to owner of, or person who has control over, unattended vehicle or property damaged in accident 97(4) NIL 112. Failing to provide particulars of accident to police 97(5) NIL 113. Failing to report accident resulting in injury or death or property damage of over $1000 (specify) to police 98(10) D 114. Making false statement in report of accident 98(11) G 115. Person in charge of gara ge failing to report damaged vehicle 99 D 116. Failing to report information relating to salvage vehicle or non-repairable vehicle 99A D 117.

Failing to drive or operate motor vehicle in careful and prudent manner 100(2) NIL 118. Newly licensed driver operating or having care and control of motor vehicle with alcohol in blood 100A(1) F 119. Licensed learner or newly licensed driver failing or unreasonably refusing to comply with demand of peace officer for blood or breath sample (specify) 100A(4) F 120. Failing to drive or operate vehicle at a careful and prudent speed for existing conditions 101 F 121. Driving at speed that exceeds 50 km/h when passing school while children present 102(2)(

a) D 122. Driving at speed that exceeds 50 km/h when passing church while congregation present 102(2)(

b) D 123. Driving at speed that exceeds 50 km/h in posted danger zone 102(2)(

d) D 124. Driving at speed that exceeds 50 km/h in business district 102(2)(

e) D

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Section Offence Category 336 © NS Registry of Regulations. Web version. 125. Driving at speed that exceeds 50 km/h in residence district 102(2)(

g) D 126. Driving at speed that exceeds 50 km/h in public park 102(2)(

h) D 127. Driving at speed that exceeds 50 km/h in designated school area when children present 103(1) D 128. Failing to stop for stopped school bus exhibiting flashing red lights 103(3) F 129. Failing to proceed with caution when passing school bus exhibiting flashing amber lights 103(4) D 130. Driving at speed that exceeds posted speed limit or other maximum speed limit in Act by 1 to 15 km/h, inclusive 106A(

a) C 131. Driving at speed that exceeds posted speed limit or other maximum speed limit in Act by 16 to 30 km/h, inclusive 106A(

b) D 132. Driving at speed that exceeds posted speed limit or other maximum speed limit in Act by 31 km/h or more 106A(

c) F 133. Unnecessary slow driving 107(1) D 134. Slow driver failing to pull over 107(2) D 135. Driving slower than posted minimum speed limit 107(3) D 136. Failing to stop and remain stopped when approaching Department vehicle exhibiting flashing red lights and “stop do not pass” sign 107A D 137. Failing to obey traffic contro l person directing traffic in temporary work area 107B F 138. Operating vehicle over 11 000 kg on bridge when other heavy vehicle on bridge 108(1) E 139. Failing to obey stop or speed sign (specify) on bridge or causeway 108(3) E 140. Failing to drive on right side of highway 110(1) C 141.

Failing to drive to right when approaching intersection, railroad right of way or narrow bridge or tunnel (specify) 110(2) C 142. Failing to drive to right on one-way street 110(4) C 143. Failing to drive in right-hand lane 111(

a) C 144. Changing lanes unsafely 111(

b) C 145. Driving in centre lane on 3-lane highway 111(

c) C 146. Failing to follow posted lane speeds 111(

d) C 147. Driving on left-hand roadwa y of divided highway 112(1)(

a) C 148. Parking on left-hand roadway of divided highway 112(1)(

a) C (parking)

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Section Offence Category © NS Registry of Regulations. Web version. 337 149. Crossing between separate roadways of divided highway other than at intersection 112(1)(

b) C 150. Failing to pass vehicle proceeding in opposite direction on right and give half of roadway 113 B 151. Failing to give audible signal before passing 114(

a) D 152. Failing to pass on left of overtaken vehicle 114(

a) D 153. Driving to right after passing when unsafe to do so 114(

a) D 154. Failing to yield to overtaking vehicle 114(

b) D 155. Passing in face of oncoming traffic 115(1)(

a) D 156. Driving to left of centre line when approaching crest of grade with less than 150 m visibility 115(1)(

b) D 157. Driving to left of centre line when approaching curve with less than 150 m visibility 115(1)(

c) D 158. Driving to left of solid double line 115(2)(

a) D 159. Driving to left of broken line and solid line when not passing 115(2)(b)(

i) D 160. Driving to left of solid line and broken line 115(2)(b)(ii) D 161. Driving to left of broken or solid single line (specify) when not passing 115(2)(

c) D 162. Passing vehicle contrary to sign or mark prohibiting passing 116 C 163. Following too closely 117(1) C 164. Commercial vehicle following within 60 m 117(2) C 165. Farm tractor failing to exhibit slow movement emblem 117(3) C 166. Failing to exhibit slow movement emblem on motor vehicle 117(4) C 167. Failing to make right turn at intersection from right-hand lane to right-hand lane 118(1)(

a) B 168. Failing to make proper left-ha nd turn at intersection 118(1)(

b) B 169. Failing to make proper left-h and turn at intersection of one-way highway 118(1)(

c) B 170. Failing to obey special left turn marked within intersection 118(2) B 171. Failing to signal 119(1) B 172. Failing to properly signal 119(2) B 173. Failing to properly hand signal 119(3) B

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Section Offence Category 338 © NS Registry of Regulations. Web version. 174. Backing vehicle when unsafe 120(1) B 175. Turning vehicle to proceed in opposite direction when visibility less than 150 m 120(2) B 176. Unsafely turning vehicle to proceed in opposite direction in business or residence district (specify) 120(3) B 177. Failing to obey sign prohibiting turns (specify) 120(4) B 178. Making prohibited turn at exit ramp 121 C 179. Failing to yield to vehicle already in intersection 122(1) B 180. Failing to yield to vehicle on right at intersection 122(1) B 181.

Failing to yield at through highway 122(2) B 182. Failing to yield to vehicle already in intersection when making left turn 122(3) B 183. Failing to yield to vehicle already in intersection making lawful left turn 122(3) B 184. Failing to yield when making left turn on highway 122(4) B 185. Failing to yield to vehicle making lawful left turn 122(4) B 186. Failing to yield to highway traffic when entering highway 123(1) B 187. Failing to yield to emergency vehicle giving audible and visible signals 123(2) B 188.

Failing to drive to right-hand side of highway and stop on approach of emergency vehicle giving audible signals 124 C 189. Failing to yield to pedestrian in crosswalk 125(1) F 190. Passing stopped vehicle at crosswalk 125(2) F 191. Pedestrian not in crosswalk failing to yield to vehicle 125(3) F 192. Failing to obey crossing guard directing children in a crosswalk 125A(4) F 193. Pedestrian failing to obey traffic signal 126 B 194. Failing to move on right half of crosswalk 127(1) A 195. Failing to use sidewalk 127(2) A 196. Failing to walk on left side of highway 127(3) A 197.

Soliciting ride from driver while in roadway 128(1) A 198. Permitting person to board or alight from (specify) vehicle other than at curb or roadside 129(1) B 199. Permitting person to board or alight from (specify) vehicle in motion (specify) 129(1) B

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Section Offence Category © NS Registry of Regulations. Web version. 339 200. Boarding or alighting from (specify) vehicle in motion 129(2) B 201. Riding or permitting person to ride (specify) on portion of vehicle not designed for passenger 129(3) B 202. Riding or permitting person to ride (specify) in travel trailer or mobile home on highway 129(5) B 203. Riding or permitting person to ride (specify) in truck camper on highway 129(6) B 204. Driving while view or c ontrol obstructed by passengers or load (specify) 129(7) B 205. Passenger interfering with driver’s view or control 129(8) B 206.

Operating bus with door open 130 C 207. Driving through safety zone 131 F 208. Failing to stop at railway crossing 132(1) C 209. Blocking railroad crossing 132(2) C 210. Failing to stop at stop sign 133(1) B 211. Failing to obey yield sign 134(3) B 212. Driver entering rotary or roundabout failing to yield to traffic already in circle 135(1) B 213. Failing to drive in counter-clockwise direction in rotary or roundabout 135(2) B 214. Failing to stop at sidewalk when emerging from driveway 136(1) B 215. Failing to yield to pedestrian on sidewalk when emerging from driveway 136(2) F 216.

Failing to park as far as possible off roadway 138(1) B (parking) 217. Parking when less than 4.5 m width of roadway remains for traffic 138(1) B (parking) 218. Parking when vehicle cannot be viewed clearly from 60 m away 138(1) B (parking) 219. Parking in manner that might interfere with snow removal or winter maintenance 139(1) B (parking) 220. Failing to place and maintain flares at front and rear of disabled commercial vehicle, travel trailer or motorized home (specify) 140(1) B 221. Failing to carry flares in working order in commercial vehicle, travel trailer or motorized home (specify) 140(2) B

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Section Offence Category 340 © NS Registry of Regulations. Web version. 222. Failing to have 4 retro-reflec tive pylons at front and rear of service truck, as required by Act 141 B 223. Stopping or parking in intersection 143(

a) A (parking) 224. Stopping or parking on or within 5 m of crosswalk 143(

b) A (parking) 225. Stopping or parking between safety zone and adjacent curb or within 10 m of safety zone 143(

c) A (parking) 226. Stopping or parking within 7.5 m of intersection of curb lines 143(

d) A (parking) 227. Stopping or parking within 5 m of intersection of property lines 143(

d) A (parking) 228. Stopping or parking within 10 m of traffic sign or signal (specify) 143(

e) A (parking) 229. Stopping or parking within 5 m of fire station driveway 143(

f) A (parking) 230. Stopping or parking within 5 m of fire hydrant 143(

g) A (parking) 231. Stopping or parking in front of driveway 143(

h) A (parking) 232. Stopping or parking on sidewalk 143(

i) A (parking) 233. Stopping or parking where traffic would be obstructed 143(

j) A (parking) 234. Stopping or parking on roadwa y side of other stopped or parked vehicle 143(

k) A (parking) 235. Stopping or parking where prohibited by sign 143(

l) A (parking) 236. Stopping or parking within 15 m of railway crossing 143(

m) A (parking) 237. Stopping or parking on crest of grade where view obstructed 143(

n) A (parking) 238. Stopping or parking in passenger zone for longer than necessary for loading or unloading 144(3) A (parking) 239. Stopping or parking in loading zone for longer than 30 minutes 144(4) A (parking) 240. Stopping or parking in passe nger zone or loading zone when not loading or unloading 144(5) A (parking) 241. Stopping or parking in accessible-parking zone without mobility-disabled identification permit 145(3) C (parking) 242. Stopping or parking on private property marked for use by mobility-disabled person without mobility-disabled identification permit 145(4) C (parking) 243.

Stopping or parking at bus stop or taxi stand 146(2) A (parking) 244. Bus or taxicab driver (specify) stopping or parking at other than designated stop 146(3) A (parking)

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Section Offence Category © NS Registry of Regulations. Web version. 341 245. Stopping or parking in business or residence area when less than 3 m width of roadway remains for traffic 148(1) A (parking) 246. Parking in alley when less than 3 m width of roadway remains for traffic 148(2) A (parking) 247. Parking on private property without consent of owner 149(1) A (parking) 248. Stopping or parking in fire lane 150 C (parking) 249. Failing to obey parking sign (specify) 151 B (parking) 250. Parking vehicle on highway for longer than 24 hours 155(1) A (parking) 251.

Parking commercial vehicle on highway for longer than 2 consecutive hours 155(2) A (parking) 252. Stopping or parking vehicle in direction other than direction of traffic 156(1) A (parking) 253. Stopping or parking vehicle other than parallel or with curb-side wheels more than 150 mm from edge of roadway 156(1) A (parking) 254. Abandoning motor vehicle for more than 24 hours 158(1) A (parking) 255. Parking vehicle displayed for sale on highway 159(1) A (parking) 256. Parking vehicle on highway for di splaying advertising 159(2) A (parking) 257.

Failing to set brakes and stop motor of parked vehicle 160(1) A (parking) 258. Failing to turn front wheels to curb when parked on grade 160(1) A (parking) 259. Following fire apparatus responding to fire alarm within 150 m 161(1) B 260. Parking within 150 m of fire apparatus stopped in response to fire alarm 161(1) B (parking) 261. Driving over fire hose without consent of official 161(2) B 262. Coasting down grade in neutral 162 A 263. Operating motor vehicle on highway in race or on wager (specify) 163(1) NIL 264. Driving on sidewalk other than at driveway 164(1) C 265.

Driving through or into (specify) lawful procession 165(1) B 266. Failing to obey traffic sign in park (specify) 166 A 267. Leaving horse unattended on highway 167(1) A 268. Having unbitted horse not secured by halter on highway 167(2) A 269. Failing to unhitch horse from vehicle when required by Act 167(3) A

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Section Offence Category 342 © NS Registry of Regulations. Web version. 270. Fastening horse so that rope, reins or lines obstruct sidewalk or crosswalk (specify) 167(4) A 271. Hitching horse to tree, horse box or hydrant in highway 167(5) A 272. Racing horse on highway 167(6) A 273. Riding or leading (specify) horse on sidewalk other than when crossing 167(7) A 274. Owner permitting unattended domestic animal on highway 168(1) A 275. Riding on handlebar or frame of bicycle or motorcycle (specify) 169(1) A 276. Clinging or permitting clinging (specify) to moving vehicle 169(2) A 277.

Failing to wear adequate protective headgear on motorcycle 170(1) C 278. Riding on or operating (specify) bicycle without wearing bicycle helmet complying with regulations or with chin strap of helmet not securely fastened under chin (specify) 170A(2) A 279. Parent or guardian (specify) authorizing or permitting (specify) person under 16 to ride on or operate (specify) bicycle without wearing bicycle helmet as required by Act 170A(3) A 280.

Person 16 or older ridi ng or operating scooter, skateboard, in-line skates, roller skates or other prescribed device (specify) without wearing helmet complying with regulations or with chin strap of helmet not securely fastened under chin (specify) 170B(4) $128.75 281. Trick riding of bicycle, riding bicycle with both hands removed from handlebars or riding bicycle with feet removed from pedals (specify) 171(1) A 282. Riding bicycle on sidewalk 171(2) A 283. Failing to ride bicycle on extreme right of highway 171(3) A 284. Riding bicycle parallel to another bicycle on highway 171(3) A 285.

Roller skating or skateboarding (specify) on roadway 172 A 286. Throwing object at motor vehicle 173(1) F 287. Depositing material that may damage tires (specify) on highway 173(2) F 288. Littering from vehicle on highway 173(4) F 289. Driving without lighted head lamps 174(1) B

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Part II - Regulations Vol. 30, No. 12 Offence

Section Offence Category © NS Registry of Regulations. Web version. 343 290. Failing to have 2 head lamps 174(2) B 291. Driving motorcycle without head lamp that complies with requirements (specify) 174(3) B 292. Operating vehicle with rear lamps that do not comply with Act (specify) 174(4) B 293. Operating vehicle without clearance lamps as required (specify) 174(5) B 294. Operating bicycle without required front and rear lighting (specify) 174(6) B 295. Operating unspecified vehicle without required lighting (specify) 174(7) B 296. Failing to display lights as required when parked on highway 174(10) B 297.

Failing to display marker lights or reflectors as required (specify) 174(11) B 298. Operating motor vehicle while not wearing available seat belt 175(2) B 299. Operating motor vehicle while passenger under 16 not secured in prescribed manner in child restraint system or wearing available seatbelt (specify) 175(3) B 300. Passenger 16 or older not wearing available seat belt 175(4) B 301. Owner of motor vehicle failing to maintain all seat belts in good condition 175(5) B 302. Removing seat belt or modifying in way that reduces its effectiveness 175(6) B 303.

Motor vehicle equipped with more than 2 spot lamps 177(1) A 304. Motorcycle equipped with mo re than 1 spot lamp 177(1) A 305. Motor vehicle or motorcycle equipped with improperly aimed spot lamps 177(1) A 306. Motor vehicle equipped with auxiliary driving lamps not in compliance with Act (specify) 177(2) A 307. Motor vehicle not equipped with electric turn signals 177(3) A 308. Front signal light not mounted as required (specify) 177(4) A 309. Front signal light emitting incorrect colour 177(4) A 310. Rear signal light not mounted as required (specify) 177(5) A 311.

Rear signal light emitting incorrect colour 177(5) A 312. Signal light on wide vehicle not visible for 150 m 177(6) A

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Section Offence Category 344 © NS Registry of Regulations. Web version. 313. Signal light on standard vehicle not visible for 100 m 177(7) A 314. Motor vehicle not equipped with functioning red brake lights, visible for 100 m, at rear of vehicle 177(9) A 315. Motor vehicle equipped with lighting device that projects intense beam more than 15 m from vehicle 177(10) A 316. Head lamp producing glaring light 178(1) B 317. Head lamp failing to produce colourless light or sufficient illumination for 60 m (specify) 178(1) B 318. Failing to dim headlights when within 150 m of oncoming traffic 178(4) B 319.

Failing to dim headlights when within 60 m of followed vehicle 178(5) B 320. Red light on front of vehicle other than authorized vehicle 179(1) B 321. Blue light on vehicle other than authorized vehicle 179(3) B 322. Flashing or revolving light on vehicle other than authorized vehicle 179(7) B 323. Operating motor vehicle on highway with inadequate brakes 181(1) C 324. Motorcycle not equipped with brake 181(2) C 325. Motorcycle not equipped with 2-wheel braking system 181(3) C 326. Using diesel engine enhanced braking system when speed limit is 50 km/h or less 181A B 327.

Motor vehicle not equipped with properly working speedometer and odometer 182 A 328. Operating motor vehicle equipped with, carrying or containing radar-warning device 182A F 329. Operating motor vehicle on highway with horn not in good working order or inaudible from 60 m (specify) 183(1) A 330. Using horn or siren (specify) for other than reasonable warning 183(4) A 331. Bicycle not equipped with bell or horn in good working order 183(5) A 332. Installing or using siren or whistle on bicycle 183(5) A 333.

Vehicle on runners drawn by animal not equipped with bells that give ample warning and are audible from 60 m 183(6) A 334. Improperly attached or located rear-vision mirror 184(1) B

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Part II - Regulations Vol. 30, No. 12 Offence

Section Offence Category © NS Registry of Regulations. Web version. 345 335. Failing to attach outside rear-vision mirror when view obstructed by trailer 184(2) B 336. Motor vehicle not equipped with windshield 184(3) B 337. Driving motor vehicle with obstruction on window or windshield (specify) 184(4) B 338. Driving motor vehicle with ornament obstructing vision of driver 184(5) B 339. Driving motor vehicle without properly operating windshield wipers 184(6) B 340. Driving motor vehicle with television broadcast visible to driver 184(7) B 341.

Failing to display clearly visible flag or light as required at end of load (specify) 185 B 342. Operating commercial motor vehicle with open tail- board 186 B 343. Motor vehicle not equipped with muffler in good working order 187(1) B 344. Motor vehicle not equipped or adjusted to prevent escape of excessive fumes or smoke (specify) 187(2) B 345. Operating motor vehicle in manner that causes loud and unnecessary noise 188 C 346. Hauling more than 1 vehicle without permit 190(1) D 347. Towbar between vehicles exceeding 5 m 190(2) D 348. Towbar between vehicles transporting poles exceeding 8 m 190(2) D 349.

Refusing or failing to proceed to scales or to assist in weighing of vehicle (specify) 192(4) C 350. Solid rubber tire on vehicle with rubber on traction surface less than 25 mm thick 198(1) B 351. Operating motor vehicle, trailer or semi-trailer (specify) with metal tire in contact with road 198(1) B 352. Tire with protuberences or studs not permitted by regulation (specify) 198(2) B 353. Driving vehicle not constructed or loaded to prevent contents from dropping, shifting, leaking or otherwise escaping 199(1) C 354.

Motor vehicle or trailer (specify) not equipped with adequate mudguards, fenders or flaps (specify) 199(2) C

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Section Offence Category 346 © NS Registry of Regulations. Web version. 355. Violating regulations respecting vehicle equipment standards (specify) 200(3) C 356. Operating official testing station without license 201(8) G 357. Failing to have vehicle inspected or repaired as required 201(9) C 358. Failing to comply with tem porary regulations to cover emergencies or special conditions 202 B 359. Failing to issue motor vehicle liability insurance card 204(1) C 360. Producing financial responsib ility card or motor vehicle liability insurance card (specify) to Registrar or peace officer (specify) that shows false information 210(

a) D 361. Failing to deliver financia l responsibility card or other card (specify) to Registrar 210(

b) D 362. Loaning financial res ponsibility card to person not entitled to card 210(

c) D 363. Judgement creditor failing to provide accurate information as required (specify) 214 G 364. Driving motor vehicle without motor vehicle liability policy 230(1) H 365. Failing or refusing to return driver’s license, motor vehicle permit or number plate (specify) 242(3) C 366. Failing to comply with requirement respecting motor vehicle liability policy and certificate (specify) 246 B 367. Registered owner failing to provide name and address of person in charge of vehicle at time of violation within 48 hours of request 258(1) NIL 368.

Person who has motor vehicle with consent of owner failing to supply name and address of person in charge of vehicle at time of violation within 48 hours of request 258(3) NIL 369. Directing driver to operate motor vehicle equipped other than as required by law (specify) 260(1) C 370. Directing driver to operate motor vehicle that exceeds weight permitted by law (specify) 260(1) C 371. Directing driver to operate motor vehicle in manner contrary to law (specify) 260(1) C 372. Operating vehicle not equipped as required by law or equipped in manner prohibited by law (specify) 260(2) C 373.

Non-resident operating motor vehicle when right to operate suspended or revoked 279(4) G

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Part II - Regulations Vol. 30, No. 12 Offence

Section Offence Category © NS Registry of Regulations. Web version. 347 374. Failing or refusing to provide Registrar with information (specify) 280(3) D 375. Failing or refusing to submit to examination or re- examination required by Registrar (specify) 280(3) D 376. Operating motor vehicle while registration or permit (specify) cancelled, revoked or suspended (specify) 287(1) NIL 377. Driving motor vehicle while license or privilege of obtaining license (specify) cancelled, revoked or suspended (specify) 287(2) NIL 378.

Failing to return number plates when permit or registration suspended, cancelled or revoked (specify) 289(1) C 379. Failing to return permit or license when permit or license suspended or revoked (specify) 289(2) C 380. Failing to return number plates, permit, license or certificate (specify) when ordered 290(3) C 381. Making false statement to procure license, permit or certificate 301(1) G 382. Giving false information to peace officer 301(2) G 383. Carrier or driver of commercial vehicle failing to comply with records maintenance requirements (specify) 303D F 384.

Carrier or driver of commercial vehicle failing to comply with regulations respecting carriers and drivers of commercial vehicles 303E H N.S. Reg. 93/2006 Made: June 22, 2006 Filed: June 26, 2006 Sharing of Health Information Regulations Order in Council 2006-286 dated June 22, 2006 Regulations made and approved by the Governor in Council pursuant to

Section 15 of the Court Houses and Lockup Houses Act and pursuant to

Section 95 of the Correctional Services Act The Governor in Council on the report and recommendation of the Minister of Justice and the Minister of Health dated June 21, 2006, and pursuant to

Section 15 of

Chapter 109 of the Revised Statutes of Nova Scotia, 1989, the Court Houses and Lockup Houses Act, and

Section 95 of

Chapter 37 of the Acts of 2005, the Correctional Services Act, is pleased, effective on and after July 1, 2006, (

a) to repeal the Sharing of Health Information Regulations, N.S. Reg. 151/2001, made by the Governor in Council by Order in Council 2001-588 dated December 14, 2001; and

N.S. Reg. 93/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 12 348 © NS Registry of Regulations. Web version. (

b) to make and approve of new regul ations respecting the sharing of health information as set forth in

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

Schedule “A” In the Matter of

Section 95 of

Chapter 37 of the Acts of 2005, the Correctional Services Act - and - In the Matter of the Sharing of Health Information Regulations made by the Minister of Justice and the Minister of Health pursuant to

Section 95 of the Correctional Services Act Order We, Murray K. Scott, Minister of Justice for the Province of Nova Scotia, and Chris A. d’Entremont, Minister of Health for the Province of Nova Scotia, pursuant to

Section 95 of

Chapter 37 of the Acts of 2005, the Correctional Services Act, hereby make regulations respecting the sharing of health information in the form set forth in the attached. This order is effective on and after July 1, 2006, and approval by the Governor in Council. Made at Halifax, in the Halifax Regional Municipality, Nova Scotia, on June 21, 2006. Sgd.: Murray Scott Honourable Murray K. Scott, M.B. Minister of Justice Sgd.: C. d’Entremont Honourable Chris A. d’Entremont Minister of Health Sharing of Health Information Regulations made by the Governor in Council pursuant to

Section 15 of

Chapter 109 of the Revised Statutes of Nova Scotia, 1989, the Court Houses and Lockup Houses Act and by the Minister of Justice and the Minister of Health pursuant to

Section 95 of

Chapter 37 of the Acts of 2005, the Correctional Services Act Citation 1 These regulations may be cited as the Sharing of Health Information Regulations.

Definitions 2 In these regulations, (a) “facility” means a lockup, courthouse or correctional facility; (b) “health care provider” means any health care professional, including a physician, nurse, dentist, pharmacist, employee of a community health care clinic and employee of a methadone clinic;

N.S. Reg. 93/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 12 © NS Registry of Regulations. Web version. 349 (c) “Health Information Transfer Form” means the form required by

Section 3; (d) “hospital” means a hospital as defined in the Hospitals Act; (e) “person in custody” means either of the following: (

i) a person who has been arrested or is being held on any warrant issued by a judge of the Provincial court or justice of the peace, or any process issued with respect to any criminal or penal matter, (ii) an offender, as defined in the Correctional Services Act; (f) “transfer” means transfer of a person in custody to a facility, a hospital or a health care provider; (g) “transferring officer” means any one of the following persons who is conducting a transfer: (

i) a police officer, (ii) a sheriff, (iii) an employee of a correctional facility. Health Information Transfer Form 3( 1 ) A transferring officer must ensure that a Health Information Transfer Form accompanies the person in custody during the transfer.

(2) A Health Information Transfer Form must be (

a) in the form prescribed by the Minister of Jus tice and the Minister of Health for that purpose; and (

b) completed by the persons specified on the form.

(3) A completed Health Information Transfer Form must be forwarded (

a) if the transferring officer is a police officer or sheriff, to their officer in charge; or (

b) if the transferring officer is an employee of a correctional facility, to the superintendent of the correctional facility. If Health Information Transfer Form not completed 4( 1 ) Despite

Section 3, if a transferring officer is unable to obtain a completed Health Information Transfer Form, the transferring officer must (

a) complete the form to the extent possible; and (

b) immediately make a written report containing (

i) the name of the person in custody being transferred, (ii) the name of the facility or hospital to wh ich the person in custody is being transferred,

N.S. Reg. 93/2006 - 94/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 12 350 © NS Registry of Regulations. Web version. (iii) if applicable, the name of the health care provider who gave care or treatment to the person in custody during the transfer, (iv) a

summary of the facts relating to the failure to obtain the completed Health Information Transfer Form.

(2) A transferring officer who completes a Health Information Transfer Form and makes a written report under subsection (1) must immediately forward the form and the report, (

a) if the transferring officer is a police officer or sheriff, to their officer in charge; or (

b) if the transferring officer is an employee of a correctional facility, to the superintendent of the correctional facility.

(3) A person who receives a form and report under subsection (2) must forward a copy of the form and the report to each of the Ministers of Justice and Health as soon as practicable. N.S. Reg. 94/2006 Made: June 22, 2006 Filed: June 26, 2006 Proclamation, S. 50, S.N.S. 2002, c. 10 Order in Council 2006-287 dated June 22, 2006 Proclamation made by the Governor in Council pursuant to

Section 50 of the Justice Administration Amendment

(2002) Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated June 21, 2006, pursuant to

Section 50 of

Chapter 10 of the Acts of 2002, the Justice Administration Amendment

(2002) Act, and subsection (7) of

Section 3 of

Chapter 235 of the Revised Statutes of Nova Scotia, 1989, the

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

Part V of

Chapter 10 of the Acts of 2002, the Justice Administration Amendment

(2002) Act, do come into force on and not before July 1, 2006. 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,

N.S. Reg. 94/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 12 © NS Registry of Regulations. Web version. 351 GREETING: A PROCLAMATION

WHEREAS in and by

Section 50 of

Chapter 10 of the Acts of 2002, the Justice Administration Amendment

(2002) Act, it is enacted as follows: 50 Parts V, VII, VIII and IX come into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Part V of

Chapter 10 of the Acts of 2002, the Justice Administration Amendment

(2002) Act, come into force on and not before July 1, 2006; 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

Part V of

Chapter 10 of the Acts of 2002, the Justice Administration Amendment

(2002) Act, come into force on and not before July 1, 2006, 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 22 nd day of June, in the year of Our Lord two thousand and six and in the fifty-fifth year of Our Reign. BY COMMAND: Sgd: Murray Scott Provincial Secretary Minister of Justice and Attorney General

N.S. Reg. 95/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 12 352 © NS Registry of Regulations. Web version. N.S. Reg. 95/2006 Made: June 22, 2006 Filed: June 26, 2006 Proclamation - General Assembly General Assembly Proclamation dated June 22, 2006 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 Our Writs for the election of Members to serve in the House of Assembly for the several Electoral Districts of the Province bearing date the 13 th day of May, 2006, the respective Returning Officers of the said Districts are commanded to summon the persons elected according to the exigency of the said Writs to attend the General Assembly of Nova Scotia at such time and place as We shall notify by Proclamation for that purpose;.

NOW KNOW YE THAT WE, being desirous and resolved as soon as may be to meet Our People of Our Province of Nova Scotia and to have their advice in General Assembly do hereby, by and with the advice of Our Executive Council for Nova Scotia, appoint Thursday, the 29th day of June, next, at Halifax, in the Halifax Regional Municipality, for the meeting of the General Assembly of Nova Scotia; AND WE DO HEREBY require the Members who were elected to serve in the House of Assembly to attend in General Assembly on that day at Halifax, in the Halifax Regional Municipality aforesaid, of which they and all others 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 22 nd day of June, in the year of Our Lord two thousand and six and in the fifty-fifth year of Our Reign. BY COMMAND: Sgd: Murray K. Scott Provincial Secretary Minister of Justice and Attorney General

N.S. Reg. 96/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 12 © NS Registry of Regulations. Web version. 353 N.S. Reg. 96/2006 Made: June 22, 2006 Filed: June 27, 2006 Proclamation, S. 16, S.N.S. 2005, c. 11 Order in Council 2006-289 dated June 22, 2006 Proclamation made by the Governor in Council pursuant to

Section 16 of the Petroleum Products Pricing Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated June 21, 2006, pursuant to

Section 16 of

Chapter 11 of the Acts of 2005, the Petroleum Products Pricing Act, and subsection (7) of

Section 3 of

Chapter 235 of the Revised Statutes of Nova Scotia, 1989, the

Interpretation Act, is pleased to order and declare by proclamation that Sections 4 and 11 of

Chapter 11 of the Acts of 2005, the Petroleum Products Pricing Act, do come into force on and not before July 1, 2006. 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 16 of

Chapter 11 of the Acts of 2005, the Petroleum Products Pricing Act, it is enacted as follows: 16 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that Sections 4 and 11 of

Chapter 11 of the Acts of 2005, the Petroleum Products Pricing Act, come into force on and not before July 1, 2006; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that Sections 4 and 11 of

Chapter 11 of the Acts of 2005, the Petroleum Products Pricing Act, come into force on and not before July 1, 2006, 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.

N.S. Reg. 96/2006 - 97/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 12 354 © NS Registry of Regulations. Web version. AT Our Government House in the Halifax Regional Municipality, this 22nd day of June, in the year of Our Lord two thousand and six and in the fifty-fifth year of Our Reign. BY COMMAND: Sgd: Murray K. Scott Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 97/2006 Made: June 22, 2006 Filed: June 27, 2006 Petroleum Products Pricing Regulations Order in Council 2006-290 dated June 22, 2006 Regulations made by the Governor in Council pursuant to

Section 14 of the Petroleum Products Pricing Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated June 21, 2006, and pursuant to

Section 14 of

Chapter 11 of the Acts of 2005, the Petroleum Products Pricing Act, is pleased to make regulations respecting the pricing of petroleum products in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after July 1, 2006.

Schedule “A” Regulations Respecting Petroleum Products Pricing made by the Governor in Council under

Section 14 of

Chapter 11 of the Acts of 2005, the Petroleum Products Pricing Act Citation 1 These regulations may be cited as the Petroleum Products Pricing Regulations. Application 2( 1 ) The following types of petroleum products are subject to these regulations: (

a) gasoline; (

b) low sulfur diesel oil; (

c) ultra low sulfur diesel oil.

(2) A petroleum product of a type that is not listed in subsection (1) is exempt from these regulations and from Sections 4 to 7 of the Act.

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(3) Despite subsection (1), the following petroleum products are exempt from these regulations, except

Section 9, and from Sections 4 to 7 of the Act: (

a) aviation gasoline; (

b) gasoline, low sulfur diesel oil and ultra low sulfur diesel oil bought through a commercial bulk volume contract with a consumer for 5000 L or more; (

c) gasoline, low sulfur diesel oil and ultra low su lfur diesel oil sold or purchased at a restricted access outlet as defined in clause 2(

p) of the Motive Fuel and Fuel Oil Approval Regulations made under the Environment Act; (

d) any petroleum product that is exempt from tax under

Section 22 of the Revenue Act Regulations made under the Revenue Act.

Definitions 3 In these regulations, (a) “Act” means the Petroleum Products Pricing Act; (b) “agent” means an agent as de fined in clause 5(

a) of the Revenue Act Regulations made under the Revenue Act; (c) “benchmark price” means the price prescribed by the Minister under

Section 14; (d) “Bloombergs Guide” means the Bloombergs Oil Buyers Guide produced by Bloomberg L.P.; (e) “Board” means the Nova Scotia Utility and Review Board established under the Utility and Review Board Act; (f) “Platts Report” means the Platts Oilgram Price Repor[t]/US Marketscan produced by Platts, a division of The McGraw-Hill Companies; (g) “point of sale” means (

i) with respect to the sale of petroleum products by a wholesaler or wholesaler-retailer to a retailer, the location where the delivery of the product to the retailer takes place, and (ii) with respect to the sale of petroleum produc ts by a retailer to a consumer, the location where the product is delivered to the consumer; (h) “reported product price” for a type of petrol eum product is the daily price reported for that type of product in the Platts Report under the heading “Product Price Assessments, New York Cargo”, or in the Bloomberg Guide if the relevant data is not available from the Platts Report; (i) “wholesale margin” for a petroleum product means the difference between the benchmark price for that petroleum product and the price at which a wholesaler sells that petroleum product to a retailer, excluding taxes imposed under subsections 165(1) and 165(2) of the Excise Tax Act (Canada);

N.S. Reg. 97/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 12 356 © NS Registry of Regulations. Web version. (j) “wholesaler-retailer” means a wholesaler who also sells or keeps a petroleum product for sale directly to consumers. Regulations prevail over contract 4 These regulations prevail over a contract between a wholesaler or wholesaler-retailer and a retailer with respect to the wholesale price and retail mark-up of a petroleum product.

Contract existing on June 30, 2006 5( 1 ) Despite the Act and these regulations, a retailer who is a party to a contract that was in force on June 30, 2006, may opt out of these regulations with respect to the wholesale price and retail mark- up of a petroleum product if they comply with subsection (2).

(2) A retailer who decides to opt out of these regulations as permitted by this Section, must notify the Minister no later than August 31, 2006, by providing the Minister with (

a) a copy of their contract with their wholesaler or wholesaler-retailer; and (

b) a statement signed by the retailer indicating that the retailer has decided to opt out, in the form required by the Minister.

(3) A retailer who decides to not opt out of these regulations as permitted by this

Section must notify the Minister no later than August 31, 2006, by providing the Minister with a statement signed by the retailer indicating that the retailer has decided to not opt out, in the form required by the Minister.

(4) A retailer must send a copy of the statement required under clause (2)(

b) or subsection (3) to their wholesaler or wholesaler-retailer, and the wholesaler or wholesaler-retailer must sign the copy and return it to the Minister no later than 15 days after the date of receipt.

(5) If a retailer opts out of these regulations as permitted by this Section, their contract prevails over these regulations with respect to the wholesale price and retail mark-up of a petroleum product.

(6) A retailer remains responsible for repayment of any debt owed to the wholesaler or wholesaler- retailer regardless of whether or not the retailer has opted out of these regulations with respect to the wholesale price and retail mark-up of a petroleum product as permitted by this Section. Contract made after June 30, 2006 and before September 1, 2006 6( 1 ) Despite the Act and these regulations, a wholesaler or wholesaler-retailer and a retailer who enter into a contract after June 30, 2006, and before September 1, 2006, may agree to opt out of these regulations with respect to the wholesale price and retail mark-up of a petroleum product if they comply with subsection (2).

(2) A wholesaler or wholesaler-retailer and a retailer who agree to opt out of these regulations as permitted by this

Section must notify the Minister no later than August 31, 2006, by providing the Minister with (

a) a copy of their contract; (

b) a statement indicating that they have decided to opt out, in the form required by the Minister and signed by both the retailer and wholesaler or wholesaler-retailer.

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(3) If a wholesaler or wholesaler-retailer and a retailer opt out of these regulations as permitted by this Section, their contract prevails over these regulations with respect to the wholesale price and retail mark-up of a petroleum product. New contract made after August 31, 2006, by parties who opted out 7( 1 ) A retailer who has opted out of the regulations as permitted by

Section 5 or 6 and who enters into a new contract after August 31, 2006, respecting the wholesale price and retail mark-up of a petroleum product may continue to opt out of the regulations if the wholesaler or wholesaler- retailer agrees to opt out and the parties comply with subsections (2) and (3).

(2) In order to opt out of the regulations as permitted by this Section, the new contract must come into force immediately on the expiry of the previous contract.

(3) A wholesaler or wholesaler-retailer and a retailer who agree to opt out of these regulations as permitted by this

Section must notify the Minister no later than 30 days after the expiry date of their previous contract, by providing the Minister with (

a) a copy of their new contract; and (

b) a statement indicating that they have decided to opt out, in the form required by the Minister and signed by both the retailer and wholesaler or wholesaler-retailer. Prescribed minimum and maximum retail price still apply 8 A retailer must comply with

Section 12, respecting the price to be charged to a consumer for a petroleum product, regardless of whether the retailer and the wholesaler or wholesaler-retailer have opted out of these regulations with respect to the wholesale price and retail mark-up of a petroleum product as permitted by

Section 5, 6 or 7. Monthly assessment fee 9( 1 ) A wholesaler or wholesaler-retailer who sells a petroleum product in the Province must pay the Minister a monthly assessment fee based upon the sales volume of the petroleum product sold by the person in the Province at a rate of $0.0009/L.

(2) The monthly assessment fee must be paid at the same time as the tax required to be remitted to the Minister under

Section 12 of the Revenue Act Regulations made under the Revenue Act and a wholesaler or wholesaler-retailer must file an addendum to the agent’s return as required by the Minister. Delegation of authority 10 Effective immediately after these regulations come into force, and subject to these regulations, all of the following powers under the Act are delegated to the Minister: (

a) the power to divide the Province into z ones as set out in clause 14(1)(

c) of the Act; (

b) the power to prescribe the fixed wholesale pri ce as set out in subclause 14(1)(c)(

i) of the Act; (

c) the power to prescribe a maximum retail price as set out in subclause 14(1)(c)(ii); (

d) the power to prescribe minimum and maximu m retail mark-ups as set out in subclause 14(1)(c)(iii).

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(1) For the purpose of prescribing prices for each zone, the Province is divided into the following zones: (

a) Zone 1 consists of all of the following: (

i) Halifax County, (ii) Hants County, (iii) the southern portion of Colchester County, as divided by a straight line running from Clifton in Colchester County to the intersection of the county lines of Colchester, Pictou, Guysborough and Halifax Counties; (

b) Zone 2 consists of all of the following: (

i) Kings County, (ii) Lunenburg County, (iii) the eastern portion of Annapolis County, as divided by a straight line running northwest from the top

section of the Queens-Lunenburg county line and extending to the Bay of Fundy; (

c) Zone 3 consists of all of the following: (

i) Queens County, (ii) Shelburne County, (iii) Yarmouth County, (iv) Digby County, (

v) the western portion of Annapolis County as divided in clause (b); (

d) Zone 4 consists of Cumberland County; (

e) Zone 5 consists of all of the following: (

i) Guysborough County, (ii) Antigonish County, (iii) Pictou County, (iv) the northern portion of Colchester County as divided in clause (a), (

v) the Town of Port Hawkesbury in Inverness County, (vi) an area of land bounded by a straight line extending along the prolongation of the eastern boundary of the Town of Port Hawkesbury to the Trans-Canada Highway

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Part II - Regulations Vol. 30, No. 12 © NS Registry of Regulations. Web version. 359 (Highway 105) and then southwesterly along the Trans-Canada Highway to the Strait of Canso. (

f) Zone 6 consists of all of the following: (

i) Cape Breton County, (ii) Victoria County, (iii) Richmond County, (iv) Inverness County, except the Town of Port Hawkesbury and an area of land bounded by a straight line extending along the prolongation of the eastern boundary of the Town of Port Hawkesbury to the Trans-Canada Highway (Highway 105) and then southwesterly along the Trans-Canada Highway to the Strait of Canso.

(2) When re-dividing the zones established in subsection (1), the Minister may consider any or all of the following factors: (

a) the retail prices that have been charged to retailers and consumers for petroleum products throughout the Province, over a period of time that the Minister considers appropriate; (

b) any factors that could explain the differen ces, if any, between the retail prices across the Province for the period of time established in clause (a), including any of the following: (

i) the distance from a refinery gate to the proposed boundaries for a zone, (ii) the volume of petroleum product so ld to retailers during the period, (iii) innovations within the industry; (

c) any additional factors the Minister consid ers relevant, including whether price differences between zones are fair and reasonable. Must charge prices for zone where point of sale located 12

(1) A wholesaler or wholesaler-retailer must charge a retailer the fixed wholesale price for a type of petroleum product for the zone where the point of sale is located.

(2) A retailer must not charge a consumer a price for a type of petroleum product that is greater than the maximum retail price or less than the minimum retail price for the zone where the point of sale is located.

(3) Despite subsections (1) and (2), the Minister may, on application by a wholesaler, wholesaler- retailer or retailer, and in order to preserve availability of a petroleum product in rural areas, to preserve the viability of markets in the provincial border areas or for another reason the Minister considers appropriate, set a different fixed wholesale price, a different retail mark-up or different minimum and maximum retail prices that the person may charge for a type of petroleum product at a particular point of sale. Promotions 13

(1) Despite

Section 12, a type of coupon, promotion, discount, loyalty program or any other promotional consideration in existence for a petroleum product between May 1, 2005 and June 1,

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(2) On and after July 1, 2006, any enhancement of a promotional consideration described in subsection (1) or any new type of coupon, promotion, discount, loyalty program or other type of promotional consideration that would have the effect of reducing the price for a petroleum product at the time of sale is prohibited. Benchmark price 14

(1) On July 1, 2006, the Minister must prescribe an initial benchmark price for each type of petroleum product based on any historical data the Minister considers relevant.

(2) On July 13, 2006 and on every 2nd Thursday afterwards, at a time the Minister considers appropriate, the Minister must prescribe a benchmark price for each type of petroleum product.

(3) A benchmark price prescribed by the Minister after July 1, 2006, is the average of the average of the daily high and low reported product prices for the petroleum product during the period since the last benchmark price adjustment for that petroleum product.

(4) In prescribing a benchmark price, the Minister must use daily noon exchange rates published by the Bank of Canada to convert United States currency to Canadian currency.

(5) A benchmark price prescribed by the Minister must be expressed in Canadian cents per litre to the nearest one-tenth of a cent or in another unit of measurement appropriate to the petroleum product.

(6) If the Minister considers it appropriate, the Minister may prescribe a benchmark price at any time. Wholesale margin 15 When prescribing the wholesale margin for a type of petroleum product in a zone, the Minister may consider any of the following: (

a) the wholesale margin for the petroleum product for the Province or for a zone, excluding taxes imposed under subsection 165(1) and 165(2) of the Excise Tax Act (Canada), over a period the Minister considers appropriate; (

b) whether the wholesale margins identified under clause (

a) are fair and reasonable, taking into account any of the following: (

i) the distance from the refinery gate to a zone, (ii) the volume of petroleum product so ld to retailers during the period, (iii) innovations within the industry; (

c) any additional factors the Minister considers relevant, including the factors set out in subsection 12(3). Fixed wholesale price 16

(1) For each type of petroleum product, the fixed wholesale price in a zone is the sum of all of the following: (

a) the current benchmark price as prescribed by the Minister under

Section 14;

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b) the wholesale margin as prescribed by the Minister under

Section 15; (

c) all taxes, excluding the taxes imposed under subsections 165(1) and 165(2) of the Excise Tax Act (Canada); (

d) if the Minister considers it appropriate, tr ansportation adjustments and forward averaging corrections.

(2) In clause (1)(d), “forward averaging correction” means the difference between the benchmark price and the actual reported product price for a petroleum product since the last benchmark price adjustment for that petroleum product, adjusted for variations in the volume sold during that period.

(3) The fixed wholesale price must be expressed in Canadian cents per litre to the nearest one-tenth of a cent or another unit of measurement appropriate to the petroleum product. Maximum and minimum retail mark-up 17

(1) When prescribing the minimum and maximum retail mark-ups for a type of petroleum product in a zone, the Minister may consider any of the following: (

a) the retail mark-ups within the Province or a zone for the type of petroleum product, excluding taxes imposed under subsections 165(1) and 165(2) of the Excise Tax Act (Canada), over a period of time the Minister considers appropriate; (

b) whether the retail mark-ups identified under clause (

a) are fair and reasonable, taking into account any of the following: (

i) the distance from a refinery gate to the boundaries of the zone, (ii) the volume of petroleum product sold to consumers during the period, (iii) innovations within the industry; (

c) whether the petroleum product is sold or purchased at a full-service retail outlet or a self- service retail outlet; (

d) any additional factors the Minister considers relevant.

(2) The minimum and maximum retail mark-ups must be expressed in Canadian cents per litre to the nearest one-tenth of a cent or another unit of measurement appropriate to the petroleum product. Maximum and minimum retail price 18

(1) For each type of petroleum product, the maximum retail price in a zone is the sum of all of the following: (

a) the fixed wholesale price; (

b) the maximum retail mark-up prescribed by the Minister under

Section 17; (

c) all taxes.

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(2) For each type of petroleum product, the minimum retail price in a zone is the sum of all of the following: (

a) the fixed wholesale price; (

b) the minimum retail mark-up prescribed by the Minister under

Section 17; (

c) all taxes. Disclosure of price 19 Unless authorized by the Minister or under the Act or regulations, a wholesaler, wholesaler-retailer or retailer must not disclose to any person a price set under these regulations before the date on which the price comes into effect. Notice of prices 20

(1) The Minister must ensure that all wholesalers and wholesaler-retailers are informed of the fixed wholesale prices and maximum and minimum retail prices before they are to take effect.

(2) A wholesaler or wholesaler-retailer must ensure that any retailer to whom it sells a petroleum product is informed of any price change before it takes effect. Public hearings 21

(1) The Board is hereby designated under subsection 14(1)(

g) of the Act to conduct public hearings respecting zones, fixed wholesale prices and retail prices set under these regulations.

(2) The Board has all the powers set out in the Utility and Review Board Act, including the power to establish its own processes and procedures for fulfilling its functions and duties under the Act and regulations.

(3) The Board may order that some or all of its directs and indirect costs of a hearing to be paid by a participant at the hearing.

(4) If the Board allows applications for funding to intervenors under its processes and procedures, the funding is an expense of the Board recoverable under these regulations.

(5) The Board may recover all or part of its direct and indirect costs for administering any powers or duties delegated to it under the Act or regulations from the Province, and the Minister must pay the costs of the Board as costs of administering the Act or regulations. Information provided to Board 22

(1) A wholesaler, wholesaler-retailer, retailer or party to a proceeding before the Board must give the Board all information required by it to carry out its duties under the Act and regulations and must give specific answers to all specific questions asked by the Board.

(2) A wholesaler, wholesaler-retailer or retailer who receives a blank form from the Board with directions to fill in the form must answer each question on the form fully and correctly, and if a question is not fully and correctly answered must give a good and sufficient reason for failing to do so.

(3) The responses given under subsection (2) must be certified by an authorized representative of the wholesaler, wholesaler-retailer or retailer and returned to the Board at its office no later than the deadline set by the Board.

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(4) If required by the Board, a wholesaler, wholesaler-retailer or retailer must deliver to the Board any documents, books, accounts, papers, records or memoranda, or copies of them, in whatever form the Board directs. Inspection of records by Board 23

(1) The Board, a member of the Board or a person employed by the Board for that purpose, has, on demand, the right to inspect the documents, books, accounts, papers, records and memoranda of a wholesaler, wholesaler-retailer or retailer.

(2) A person other than a Board member who makes a demand under subsection (1) must produce their authority to make the inspection or examination. Examination under oath 24 The Board or a member of the Board has the power to examine, under oath, an officer, agent or employee of a wholesaler, wholesaler-retailer or retailer in relation to its business and affairs. N.S. Reg. 98/2006 Made: June 28, 2006 Filed: June 28, 2006 Retail Business Uniform Closing Day Regulations Order in Council 2006-315 dated June 28, 2006 Regulations made by the Governor in Council pursuant to subsection 3(2) and

Section 8 of the Retail Business Uniform Closing Day Act The Governor in Council on the report and recommendation of the Minister responsible for the Retail Business Uniform Closing Day Act dated June 28, 2006, and pursuant to subsection 3(2) and

Section 8 of

Chapter 402 of the Revised Statutes of Nova Scotia, 1989, the Retail Business Uniform Closing Day Act, is pleased, effective on and after June 28, 2006, to (

a) repeal the regulations respecting retail business uniform closing days, N.S. Reg. 301/86, made by the Governor in Council by Order in Council 86-1473 dated December 18, 1986; (

b) repeal the regulations respecting

definitions, N. S. Reg. 271/92, made by the Governor in Council by Order in Council 92-1212 dated December 15, 1992; and (

c) make new regulations respecting retail business uni form closing days in the form set forth in

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

Schedule “A” Regul

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 80/2006
Date	2006-01-01
Type	gazette
Volume / chapter	just regulations rg2 2006 jl0706
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	2b8f8206c07e54660bc1b8364b0935d026157e95

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