Prescribed Petroleum Products Prices (N.S. Reg. 152/2014) (just regulations rg2 2014 oc3114)

N.S. Reg. 152/2014

Nova Scotia — Gazette

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 38, No. 22 October 31, 2014 Contents Act Reg. No.

Page Children and Family Services Act Children and Family Services Regulations–amendment ........................... 155/2014 413 Education Act Proclamation of amendments to Act, S. 4, S.N.S. 2014, c. 13 ....................... 156/2014 413 M i n i s t e r i a l E d u c a t i o n A c t R e g u l a t i o n s – a m e n d m e n t ..............................158/2014 417 Fair Drug Pricing Act F a i r D r u g P r i c i n g R e g u l a t i o n s – a m e n d m e n t..................................... 154/2014 411 Maintenance and Custody Act Administrative Recalculation of Child Maintenance Regulations–replacement ......... 161/2014 429 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 152/2014 402 Prescribed Petroleum Products Prices ......................................... 157/2014 415

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 ..............................153/2014 404 Veterinary Medical Act V e t e r i n a r y M e d i c a l R e g u l a t i o n s – a m e n d m e n t ................................... 159/2014 418 Veterinary Technologists Regulations ......................................... 160/2014 421 In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act.

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

Chapter 46 of the Acts of 2004 were proclaimed in force. © NS Office of the Registrar of Regulations. Web version. 401

N.S. Reg. 152/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 N.S. Reg. 152/2014 Made: October 9, 2014 Filed: October 10, 2014 Prescribed Petroleum Products Prices Order dated October 9, 2014 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Order NSUARB-GAS-W-14-42 In the Matter of the Petroleum Products Pricing Act - and - In the Matter of Prescribing Prices for Petroleum Products pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Roberta J. Clarke, Q.C., Member Order

Whereas the purpose of the Petroleum Products Pricing Regulations is to ensure just and reasonable prices for specified petroleum products taking into consideration the objectives of preserving the availability of such products in rural areas, stabilizing prices of such products and minimizing the variances in prices of such products across the Province; And

whereas the Nova Scotia Utility and Review Board (“Board”) considered the manner in which it would proceed to set petroleum prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And

whereas the Board revised the retail margin and transportation allowance effective January 6, 2012, in its decision, 2011 NSUARB 181, issued on November 23, 2011; And

whereas the Board revised the wholesale margin effective January 4, 2013, in its decision, 2012 NSUARB 213, issued on December 12, 2012; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended October 8, 2014, are: Grade 1 Regular gasoline 75.8¢ per litre Ultra-low-sulfur diesel oil 77.1¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 75.8¢ per litre Grade 2 78.8¢ per litre Grade 3 81.8¢ per litre Ultra-low-sulfur diesel oil 77.1¢ per litre And

now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: minus 1.0¢ per litre Ultra-low-sulfur diesel oil: minus 0.9¢ per litre And

whereas a winter blending adjustment of plus 3.8¢ per litre is required for ultra-low-sulfur diesel oil; And

now therefore the Board prescribes the prices for petroleum products as set forth in

Schedule “A” effective on and after 12:01 a.m., October 10, 2014. 402 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 152/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 Dated at Halifax, Nova Scotia, this 9th day of October, 2014. Sgd: Elaine Wagner Clerk of the Board

Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on October 10, 2014 Nova Scotia Petroleum Price

Schedule Petroleum Prices in Cents/Litre Self-Service Pump Prices Full-Service Pump Prices (Pump Prices includes 15% HST) Base Wholesale Price Fed. Excise Tax Prov.

Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 81.9 84.9 87.9 87.2 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 107.4 110.4 113.4 106.6 129.0 132.5 135.9 128.1 131.1 134.6 138.0 130.2 129.0 132.5 135.9 128.1 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 82.4 85.4 88.4 87.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 107.9 110.9 113.9 107.1 129.6 133.1 136.5 128.7 131.7 135.1 138.6 130.8 129.6 133.1 136.5 128.7 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 82.8 85.8 88.8 88.1 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 108.3 111.3 114.3 107.5 130.1 133.5 137.0 129.1 132.1 135.6 139.0 131.2 130.1 133.5 137.0 129.1 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 82.9 85.9 88.9 88.2 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 108.4 111.4 114.4 107.6 130.2 133.6 137.1 129.3 132.2 135.7 139.2 131.3 130.2 133.6 137.1 129.3 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 82.9 85.9 88.9 88.2 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 108.4 111.4 114.4 107.6 130.2 133.6 137.1 129.3 132.2 135.7 139.2 131.3 130.2 133.6 137.1 129.3 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 83.6 86.6 89.6 88.9 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 109.1 112.1 115.1 108.3 131.0 134.4 137.9 130.1 133.1 136.5 140.0 132.1 131.0 134.4 137.9 130.1 999.9 999.9 999.9 999.9 © NS Office of the Registrar of Regulations.

Web version. 403

N.S. Reg. 153/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 N.S. Reg. 153/2014 Made: October 7, 2014 Filed: October 14, 2014

Summary Offence Tickets Regulations Order dated October 7, 2014 Amendment to regulations made by the Attorney General and Minister of Justice pursuant to

Section 8 of the

Summary Proceedings Act Order Made under

Section 8 of

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

Summary Proceedings Act I, Lena Metlege Diab, Attorney General and Minister of Justice for the Province of Nova Scotia, pursuant to

Section 8 of

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

Summary Proceedings Act, hereby (

a) amend the

Summary Offence Tickets Regulations, N.S. Reg. 281/2011, made by order of the Attorney General and Minister of Justice dated October 4, 2011, to designate certain offences under the Halifax Regional Water Commission Act and its regulations as

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

Schedule “A”; and (

b) order and direct that the penalty to be entere d on a summons in respect of an offence set out in amendments to the schedules to the

Summary Offence Tickets Regulations, N.S. Reg. 281/2011, as set forth in the attached

Schedule “A”, is the amount of the out of court settlement set out opposite the description for the offence, and includes the charge provided for in, and in accordance with, Sections 8 and 9 of the Act. This Order is effective on and after the date it is made. Dated and made Oct 7, 2014, at Halifax, Halifax Regional Municipality, Province of Nova Scotia. Sgd.: Lena M. Diab Honourable Lena Metlege Diab Attorney General and Minister of Justice

Schedule “A” Amendment to the

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

Section 8 of

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

Summary Proceedings Act 1

Schedule 38 to the

Summary Offence Tickets Regulations, N.S. Reg. 281/2011, made by order of the Attorney General and Minister of Justice dated October 4, 2011, is amended by renumbering item 3 as item 6 and adding the following items immediately after item 2: 3 Violating Act or prohibition in regul ations (specify regulation) 38(a) $693.95 4 Failing to comply with lawful order made under Act 38(b) $693.95 404 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 153/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 5 Permitting violation of Act or prohibition in regulations (specify regulation) 38(c) $693.95 2

Schedule 38A to the regulations is repeal ed and the following

Schedule is substituted:

Schedule 38A Regulations under the Halifax Regional Water Commission Act Offence

Section Out of Court Settlement Halifax Regional Water Commission Regulations 1 Connecting to fire hydrant without prio r written approval of Commission 34.(4) $693.95 2 Failing to limit amount of flow discharged into wastewater or stormwater facility (specify) as required by Commission 40 $693.95 3 Connecting to water, wastewater or stormwater system (specify) without prior written approval of Commission 42 $233.95 4 Obtaining or using stormwater system contrary to regulations (specify) 42 $233.95 5 Drawing water from, opening, closing, cutting, breaking, infilling, altering, injuring or interfering with (specify) fire hydrant, water main, service pipe or property of Commission (specify) without written authorization of Commission 43.(1) a) $693.95 6 Obstructing free access to hydrant, valve, service box, meter or property of Commission (specify) without written authorization of Commission 43.(1) b) $233.95 7 Discharging wastewater or stormwater (specify) into wastewater facility or stormwater system (specify) without written authorization of Commission 44. a) $233.95 8 Opening, cutting, breaking into, injuring or interfering with (specify) wastewater facility, stormwater system or property of Commission (specify) without written authorization of Commission 44. b) $233.95 9 Obstructing free access by Commission to wastewater facilities or stormwater system (specify) 44. c) $233.95 10 Customer selling unmetered water without prior written approval of Commission 45.(6) $233.95 11 Installing altering, changing or re moving (specify) meter without prior written permission of Commission 46.(2) $233.95 12 Owner of property failing to cap ab andoned service connections at water main 51.

h) iii) $233.95 13 Connecting, causing to be connected or allowing to remain connected (specify) to water system or plumbing installation (specify) piping fixtures, fittings container or sanitary appliance (specify) that may allow water, wastewater or other liquid, chemical or substance to ingress or egress water system without prior written approval of Commission 52.(2) $233.95 14 Failing to install backflow prevention device 52.(3) $233.95 15 Connecting water service installation of customer to another source of water supply 53 $233.95 © NS Office of the Registrar of Regulations. Web version. 405

N.S. Reg. 153/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 16 Failing to install fire protection plumbing as required or connecting fire protection plumbing for purpose other than for fire protection (specify) 60.(1) $233.95 17 Connecting fire protection charge line to metered service without written approval of Commission 60.(2) $233.95 18 Failing to have wastewater or stormwater building connection inspected and brought into compliance with Commission regulations (specify) 61.(3) $233.95 19 Owner of property failing to cap off abandoned wastewater or stormwater service connections (specify) at main line as required by Commission 61.(7) $233.95 20 Connecting sump pumps or downspout s to or failing to disconnect sump pumps or downspouts from (specify) stormwater building service connection 61.(9) $233.95 21 Discharging into wastewater facility sewage or wastewater that causes or may cause health or safety hazard (specify) 63.(1) i) $693.95 22 Discharging into wastewater facility sewage or wastewater that causes or may cause obstructions or restrictions to flow in wastewater facilities 63.(1) ii) $693.95 23 Discharging into wastewater facility sewage or wastewater that causes or may cause offensive odour 63.(1) iii) $693.95 24 Discharging into wastewater facility sewage or wastewater that causes or may cause damage to wastewater facility (specify) 63.(1) iv) $693.95 25 Discharging into wastewater facility sewage or wastewater that causes or may cause interference with operation and maintenance of wastewater facility 63.(1) v) $693.95 26 Discharging into wastewater facility sewage or wastewater that causes or may cause restriction of beneficial use of biosolids from wastewater facility 63.(1) vi) $693.95 27 Discharging into wastewater facility sewage or wastewater that causes or may cause effluent from wastewater facility to violate Provincial or federal law (specify) 63.(1) vii) $693.95 28 Discharging into wastewater facility sewage or wastewater that causes or may cause capacity or hydraulic impacts that may interfere with operation of wastewater facility 63.(1) viii) $693.95 29 Discharging into wastewater facility sewage or wastewater with pH less than 5.5 or greater than 9.5 (specify pH) 63.(2) i) $693.95 30 Discharging into wastewater facility sewage or wastewater with 2 or more separate liquid layers 63.(2) ii) $693.95 31 Discharging into wastewater facility sewage or wastewater with temperature higher than 65EC 63.(2) iii) $693.95 32 Discharging into wastewater facility sewage or wastewater containing combustible liquid 63.(3) i) $693.95 33 Discharging into wastewater facility sewage or wastewater containing fuel 63.(3) ii) $693.95 34 Discharging into wastewater facility sewage or wastewater containing hauled sewage, hauled wastewater or leachate (specify) without prior written approval of Commission 63.(3) iii) $693.95 35 Discharging into wastewater facility sewage or wastewater containing ignitable waste 63.(3) iv) $693.95 406 © NS Office of the Registrar of Regulations.

Web version.

N.S. Reg. 153/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 36 Discharging into wastewater facility sewage or wastewater containing substance (specify) that may cause excessive foaming 63.(3) v) $693.95 37 Discharging into wastewater facility sewage or wastewater containing dyes or colouring materials that pass through wastewater facilities and discolour wastewater facilities or effluent (specify) 63(3) vi) $693.95 38 Discharging into wastewater facility sewage or wastewater containing pathological waste 63.(3) vii) $693.95 39 Discharging into wastewater facility sewage or wastewater containing PCBs 63.(3) viii) $693.95 40 Discharging into wastewater facility sewage or wastewater containing pesticides 63.(3) ix) $693.95 41 Discharging into wastewater facility sewage or wastewater containing reactive materials 63.(3) x) $693.95 42 Discharging into wastewater facility sewage or wastewater containing waste radioactive substances in concentrations greater than those specified for release under Nuclear Safety and Control Act (Canada) and its regulations 63.(3) xi) $693.95 43 Discharging into wastewater facility sewage or wastewater containing hazardous waste 63.(3) xii) $693.95 44 Discharging into wastewater facility sewage or wastewater containing extraneous water or wastewater without prior written approval of Commission 63.(3) xiii) $693.95 45 Discharging into wastewater facility sewage or wastewater containing animal offal 63.(3) xiv) $693.95 46 Discharging into wastewater facility sewage or wastewater containing concentration of substance that exceeds limit for substance in

Section 63, Table 6: Limits for Discharge to Wastewater Facilities (specify substance and limit) 63.(4) $693.95 47 Discharging into wastewater facility sewage or wastewater for purpose of diluting to achieve compliance with regulations without prior written approval of Commission 63.(5) $693.95 48 Discharging uncontaminated water into wastewater facility without prior written approval of Commission 63.(6) $693.95 49 Connecting, causing to be connected or allowing to remain connected (specify) to wastewater facility or plumbing installation (specify) equipment or device (specify) in manner that allows or may allow stormwater to ingress or flow into wastewater facility 64.(2) $233.95 50 Discharging into stormwater system matter that causes or may cause health or safety hazard 66.(1) i) $693.95 51 Discharging into stormwater system matter that causes or may cause interference with stormwater system operation 66.(1) ii) $693.95 52 Discharging into stormwater system matter that causes or may cause obstruction or restriction of stormwater system or its flow 66.(1) iii) $693.95 53 Discharging into stormwater system matter that causes or may cause damage to stormwater system 66(1) iv) $693.95 54 Discharging into stormwater system matter that causes or may cause impairment to water quality in stormwater system 66(1) v) $693.95 © NS Office of the Registrar of Regulations.

Web version. 407

N.S. Reg. 153/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 55 Discharging into stormwater system matter that causes or may cause quality of water discharged from stormwater system to violate Provincial or federal law (specify) 66(1) vi) $693.95 56 Discharging into stormwater system matter that results in visible sheen, film or discoloration 66.(2) i) $693.95 57 Discharging into stormwater system matter that results in 2 or more separate layers 66.(2) ii) $693.95 58 Discharging into stormwater system matter that results in pH less than 6.0 or greater than 9.5 (specify pH) 66.(2) iii) $693.95 59 Discharging into stormwater system matter that results in temperature greater than 40EC 66.(2) iv) $693.95 60 Discharging into stormwater system matter that by itself or in combination with another substance is capable of producing foam that persists for 5 minutes or more 66.(2) v) $693.95 61 Discharging hazardous waste chemicals into stormwater system 66.(3) i) $693.95 62 Discharging combustible liquids into stormwater system 66(3) ii) $693.95 63 Discharging floating debris into stormwater system 66.(3) iii) $693.95 64 Discharging fuel into stormwater system 66.(3) iv) $693.95 65 Discharging hauled sewage or hauled waste (specify) into stormwater system 66.(3) v) $693.95 66 Discharging pathological waste into stormwater system 66.(3) vi) $693.95 67 Discharging PCBs into stormwater system 66.(3) vii) $693.95 68 Discharging pesticides into stormwater system 66.(3) viii) $693.95 69 Discharging reactive waste into stormwater system 66.(3) ix) $693.95 70 Discharging toxic substances into stormwater system 66.(3) x) $693.95 71 Discharging into stormwater system waste radioactive substances in concentrations greater than those specified for release under Nuclear Safety and Control Act (Canada) and regulations 66.(3) xi) $693.95 72 Discharging Escherichia coli (E. coli) colonies in excess of 200/100 ml into stormwater system 66.(3) xii) $693.95 73 Discharging water from sprinkler systems and non-contact cooling water into stormwater system 66.(3) xiii) $693.95 74 Discharging into stormwater system wastewater from washing equipment used in mixing and delivery of concrete and cement-based products 66.(3) xiv) $693.95 75 Discharging into stormwater system substance other than stormwater or uncontaminated water without written authorization by Commission 66.(3) xv) $693.95 76 Discharging animal offal into stormwater system 66.(3) xvi) $693.95 77 Discharging into stormwater system matter containing concentration in excess of limit set out in

Section 66, Table 7: Limits for Discharge to Stormwater system (specify substance and limit) 66.(4) $693.95 78 Permitting to enter stormwater system erosion or sediment runoff that exceeds limit set out in

Section 66, Table 7: Limits for Discharge to Stormwater System (specify substance and limit) 66.(5) $693.95 79 Infilling or altering (specify) stormwater ditch without written authorization from Commission 66.(6) $233.95 408 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 153/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 80 Failing to remove infill from or remediate alteration to (specify) stormwater ditch 66.(7) $233.95 81 Connecting, causing to be connected or allowing to remain connected (specify) to stormwater system or plumbing installation (specify) piping, fixtures, fitting or appliance (specify) that may allow sewage, wastewater or liquid not authorized by regulations to ingress or flow into stormwater system without express written consent of Commission 67.(2) $233.95 82 Discharging wastewater other than into wastewater facilities, private on- site watewater system or private central wastewater collection system and treatment facility 67.(3) $233.95 83 Failing to install or remove fittings or appurtenances (specify) to prevent wastewater entering stormwater system 67.(4) $233.95 84 Discharging swimming pool or wa ding pool contents directing or indirectly to stormwater system without neutralizing disinfectant chemicals 68.(2) a) $233.95 85 Discharging swimming pool or wading pool contents in manner that may cause conduct of soil or sediment into stormwater system 68.(2) b) $233.95 86 Customer failing to install wastewater pretreatment facility as required 69.(1) $693.95 87 Owner or operator (specify) failing to ensure design, operation and maintenance of pretreatment facility achieves treatment purpose in accordance with manufacturer operating specifications 69.(2) $693.95 88 Operator of restaurant or industrial, commercial or institutional premises where food is cooked (specify) failing to take all reasonable measures to prevent cooking oils and greases from entering wastewater or combined sewer (specify) in excess of limits in regulations (specify limit) 70.(1) $693.95 89 Operator of restaurant or industrial, commercial or institutional premises where food is cooked (specify) discharging grease interceptors into storm sewers 70.(2) a) $693.95 90 Operator of restaurant or industrial, commercial or institutional premises where food is cooked (specify) failing to install, operate and properly maintain oil and grease interceptor in piping system at premises 70.(2) b) $693.95 91 Operator of restaurant or premises where food is cooked (specify) failing to keep documentation of grease trap or interceptor clean-out and oil and grease disposal for 2 years 70.(2) g) $693.95 92 Using enzymes, bacteria, solvents, hot water or other agents (specify) to facilitate conveyance of oil and grease through grease trap or interceptor to sewer system 70.(2) h) $693.95 93 Operator of restaurant or premises where food is cooked (specify) failing to remove, haul away and dispose of materials retained or trapped by grease interceptor as required by law (specify law) 70.(2) i) $693.95 94 Owner or operator (specify) of establishment where motor vehicles are repaired, lubricated or maintained failing to install oil and grease interceptor designed to prevent motor oil and lubricating grease from passing into wastewater or combined sewer in excess of limits in regulations (specify limit) 71.(1) $693.95 95 Owner or operator (specify) of establishment where motor vehicles are repaired, lubricated or maintained discharging grease interceptor into storm sewer 71.(2) a) $693.95 © NS Office of the Registrar of Regulations.

Web version. 409

N.S. Reg. 153/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 96 Owner or operator (specify) of establishment where motor vehicles are repaired, lubricated or maintained failing to install, operate and properly maintain oil and grease interceptor in piping system at premises 71.(2) b) $693.95 97 Owner or operator (specify) of establishment where motor vehicles are repaired, lubricated or maintained failing to install oil and grease interceptor or separator in compliance with law (specify law) 71.(2) c) $693.95 98 Owner or operator (specify) of establishment where motor vehicles are repaired, lubricated or maintained failing to maintain oil and grease interceptor or separator in accordance with manufacturer’s recommendations and to regularly inspect oil and grease interceptor or separator in accordance with manufacturer’s specifications 71.(2) d) $693.95 99 Owner or operator (specify) of establishment where motor vehicles are repaired, lubricated or maintained failing to annually submit maintenance

schedule and record of maintenance for each oil and grease interceptor to Commission 71.(2) e) $693.95 100 Owner or operator (specify) of establishment where motor vehicles are repaired, lubricated or maintained failing to keep documentation of interceptor clean-out and oil and grease disposal for 2 years 71.(2) f) $693.95 101 Using enzymes, solvents, hot water or other agents (specify) to facilitate conveyance of oil and grease through oil and grease interceptor to sewer system 71.(2) g) $693.95 102 Owner or operator (specify) of establishment where motor vehicles are repaired, lubricated or maintained failing to remove, haul away and dispose of material retained or trapped by oil and grease interceptor as required by law (specify law) 71.(2) h) $693.95 103 Owner or operator (specify) of premises from which sediment may directly or indirectly enter wastewater facility failing to take all reasonable measures to prevent entry of sediment into wastewater facility in excess of limits in regulations (specify limit) 72.(1) $693.95 104 Owner or operator (specify) of premises from which sediment may directly or indirectly enter wastewater facility failing to equip catch basins with sediment interceptor as required by Commission 72.(2) a) $693.95 105 Owner or operator (specify) of premises from which sediment may directly or indirectly enter wastewater facility failing to comply with Commission specifications (specify) for installation of catch basins 72.(2) b) $693.95 106 Owner or operator (specify) of premises from which sediment may directly or indirectly enter wastewater facility failing to maintain sediment interceptors in accordance with manufacturer recommendations and to regularly inspect sediment interceptors 72.(2) c) $693.95 107 Owner or operator (specify) of premises from which sediment may directly or indirectly enter wastewater facility failing to remove materials retained or trapped by sediment interceptors as required (specify) and discharging into wastewater or stormwater system. 72.(2) d) $693.95 108 Owner or operator (specify) of premises from which sediment may directly or indirectly enter wastewater facility failing to keep documentation of proof of interceptor clean-out and sediment disposal for 2 years 72.(2) e) $693.95 109 Owner or operator (specify) of premises from which sediment may directly or indirectly enter wastewater facility failing to submit maintenance

schedule and maintenance record for each sediment 72.(2) f) $693.95 410 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 153/2014 - 154/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 interceptor to Commission on request 110 Discharging sewage, wastewater, non-contact cooling water or combination (specify) from industrial, commercial or institutional premises to wastewater facilities without first submitting reports required by Commission 73.(1) $693.95 111 Person filing reports with Commission failing to file further reports of changes with Commission 73.(2) $693.95 112 Failing to undertake monitoring, flow metering or sampling (specify) and report to Commission of discharge to wastewater facility or stormwater system 75.(1) $693.95 113 Failing to install or upgrade (specify) monitoring access point as required by Commission 77.(1) $693.95 114 Person responsible for or managi ng or controlling (specify) spill or source of spill of substance capable of having adverse effect (specify) on water, wastewater or stormwater system failing to immediately notify and provide information requested by Commission 78.(1) $693.95 115 Person responsible for or managi ng or controlling (specify) spill or source of spill of substance capable of having adverse effect (specify) on water, wastewater or stormwater system failing to provide report of spill as required within 5 working days 78.(3) $693.95 116 Person responsible for or managi ng or controlling (specify) spill or source of spill of substance capable of having adverse effect (specify) on water, wastewater or stormwater system failing to take all reasonable measures to contain spill, protect health and safety of citizens, minimize damage to property, protect environment, clean up spill and contaminated residue and restore affected area 78.(4) $693.95 N.S.

Reg. 154/2014 Made: October 14, 2014 Filed: October 14, 2014 Fair Drug Pricing Regulations Order in Council 2014-422 dated October 14, 2014 Amendment to regulations made by the Governor in Council pursuant to subsections 31(2) and (4) of the Fair Drug Pricing Act The Governor in Council on the report and recommendation of the Minister of Health and Wellness dated September 17, 2014, and pursuant to subsections 31(2) and (4) of

Chapter 7 of the Acts of 2011, the Fair Drug Pricing Act, is pleased to amend the Fair Drug Pricing Regulations, N.S. Reg. 223/2011, made by the Governor in Council by Order in Council 2011-234 dated June 30, 2011, to align the pricing of existing generic drugs with pricing across Canada and implement a tiered pricing framework for new generic drugs that are benefits under the Insured Prescription Drug Plan, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after November 1, 2014. © NS Office of the Registrar of Regulations. Web version. 411

N.S. Reg. 154/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22

Schedule “A” Amendment to the Fair Drug Pricing Regulations made by the Governor in Council under subsections 31(2) and (4) of

Chapter 7 of the Acts of 2011, the Fair Drug Pricing Act

Section 3 of the Fair Drug Pricing Regulations, N.S. Reg. 223/2011, made by the Governor in Council by Order in Council 2011-234 dated June 30, 2011, is repealed and the following

Section substituted: Maximum price for interchangeable products 3( 1 ) Except as provided in subsection (2), all of the following criteria must be met for an interchangeable product to be designated, or continue to be designated, as a benefit: (

a) except for a product specified in clause (c), th e cost for a product in a solid, oral dosage form does not exceed (i) 25% of the MLP of the original product as of April 11, 2011, or (ii) if there is no reference price as of April 11, 2011, 25% of the MLP of the original product as of the date the notice of compliance is issued for the first product in the category of interchangeable products; (

b) except for a product specified in clause (c), the cost for a product in non-solid dosage form does not exceed (i) 35% of the MLP of the original product as of April 11, 2011, or (ii) if there is no reference price as of April 11, 2011, 35% of the MLP of the original product as of the date the notice of compliance is issued for the first product in the category of interchangeable products; (

c) for products for which prices have been ne gotiated by the Pan-Canadian Competitive Value Price Initiative, the cost for the product does not exceed the percentage of the brand reference price for the product established by the Pan-Canadian Competitive Value Price Initiative, effective on and after the date set out by the Pan-Canadian Competitive Value Price Initiative; (

d) the manufacturer reports any rebates and pr ofessional allowances in relation to the benefit when required to do so by the Minister under

Section 5.

(2) An interchangeable product that does not meet the criteria in subsection (1) may be designated as a benefit and a different maximum cost set by the Minister if any of the following conditions apply: (

a) documentation provided by the manufacturer supports a maximum cost that exceeds the percentage of the MLP of the original product in subsection (1); (

b) the interchangeable original pr oduct is no longer sold in Canada.

(3) A maximum reimbursable price must be established for each interchangeable product designated as a benefit, and the amount payable for the benefit must be published in the benefit list specified in

Section 11 of the Act. 412 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 155/2014 - 156/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 N.S. Reg. 155/2014 Made: October 14, 2014 Filed: October 14, 2014 Children and Family Services Regulations Order in Council 2014-431 dated October 14, 2014 Amendment to regulations made by the Governor in Council pursuant to

Section 99 of the Children and Family Services Act The Governor in Council on the report and recommendation of the Minister of Community Services dated September 3, 2014, and pursuant to

Section 99 of

Chapter 5 of the Acts of 1990, the Children and Family Services Act, is pleased to amend the Children and Family Services Regulations, N.S. Reg. 183/91, made by the Governor in Council by Order in Council 91-954 dated August 15, 1991, to synchronize the timing of inspections of child-caring facilities with the inspection cycle of the Fire Marshal in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after October 14, 2014.

Schedule “A” Amendment to the Children and Family Services Regulations made by the Governor in Council under

Section 99 of

Chapter 5 of the Acts of 1990, the Children and Family Services Act The Children and Family Services Regulations, N.S. Reg. 183/91, made by the Governor in Council by Order in Council 91-954 dated August 15, 1991, are amended by repealing subsection 24(2) and substituting the following subsection:

(2) The Chief Administrative Officer of a facility shall request the Fire Marshal to inspect the facility as often as is necessary to ensure compliance with the requirements of the Office of the Fire Marshal. N.S. Reg. 156/2014 Made: October 16, 2014 Filed: October 16, 2014 Proclamation, S. 4, S.N.S. 2014, c. 13 Order in Council 2014-435 dated October 16, 2014 Proclamation made by the Governor in Council pursuant to

Section 4 of

An Act to Amend

Chapter 1 of the Acts of 1995-96, the Education Act The Governor in Council on the report and recommendation of the Minister of Education and Early Childhood Development dated September 30, 2014, and pursuant to

Section 4 of

Chapter 13 of the Acts of 2014,

An Act to Amend

Chapter 1 of the Acts of 1995-96, the Education Act, is pleased to order and declare by proclamation that

Chapter 13 of the Acts of 2014,

An Act to Amend

Chapter 1 of the Acts of 1995-96, the Education Act, do come into force on and not before October 17, 2014. © NS Office of the Registrar of Regulations. Web version. 413

N.S. Reg. 156/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 PROVINCE OF NOVA SCOTIA sgd: J. J. Grant G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 4 of

Chapter 13 of the Acts of 2014,

An Act to Amend

Chapter 1 of the Acts of 1995-96, the Education Act, it is enacted as follows: 4 This Act, except

Section 1, comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that of

Chapter 13 of the Acts of 2014,

An Act to Amend

Chapter 1 of the Acts of 1995-96, the Education Act, do come into force on and not before October 17, 2014; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 13 of the Acts of 2014,

An Act to Amend

Chapter 1 of the Acts of 1995-96, the Education Act, do come into force on and not before October 17, 2014, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved His Honour Brigadier-General, the Honourable J. J. Grant (Retired), Lieutenant Governor of the Province of Nova Scotia.

AT Our Government House in the Halifax Regional Municipality, this 16th day of October in the year of Our Lord two thousand and fourteen and in the sixty-third year of Our Reign. BY COMMAND: sgd: Lena Metlege Diab Provincial Secretary Minister of Justice and Attorney General 414 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 157/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 N.S. Reg. 157/2014 Made: October 16, 2014 Filed: October 17, 2014 Prescribed Petroleum Products Prices Order dated October 16, 2014 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Order NSUARB-GAS-W-14-43 In the Matter of the Petroleum Products Pricing Act - and - In the Matter of Prescribing Prices for Petroleum Products pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Peter W. Gurnham, Q.C., Chair Order

Whereas the purpose of the Petroleum Products Pricing Regulations is to ensure just and reasonable prices for specified petroleum products taking into consideration the objectives of preserving the availability of such products in rural areas, stabilizing prices of such products and minimizing the variances in prices of such products across the Province; And

whereas the Nova Scotia Utility and Review Board (“Board”) considered the manner in which it would proceed to set petroleum prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And

whereas the Board revised the retail margin and transportation allowance effective January 6, 2012, in its decision, 2011 NSUARB 181, issued on November 23, 2011; And

whereas the Board revised the wholesale margin effective January 4, 2013, in its decision, 2012 NSUARB 213, issued on December 12, 2012; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended October 15, 2014, are: Grade 1 Regular gasoline 70.4¢ per litre Ultra-low-sulfur diesel oil 74.3¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 70.4¢ per litre Grade 2 73.4¢ per litre Grade 3 76.4¢ per litre Ultra-low-sulfur diesel oil 74.3¢ per litre And

now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: minus 1.8¢ per litre Ultra-low-sulfur diesel oil: minus 1.2¢ per litre And

whereas a winter blending adjustment of plus 3.8¢ per litre is required for ultra-low-sulfur diesel oil; And

now therefore the Board prescribes the prices for petroleum products as set forth in

Schedule “A” effective on and after 12:01 a.m., October 17, 2014. © NS Office of the Registrar of Regulations. Web version. 415

N.S. Reg. 157/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 Dated at Halifax, Nova Scotia, this 16th day of October, 2014. Sgd: Elaine Wagner Clerk of the Board

Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on October 17, 2014 Nova Scotia Petroleum Price

Schedule Petroleum Prices in Cents/Litre Self-Service Pump Prices Full-Service Pump Prices (Pump Prices includes 15% HST) Base Wholesale Price Fed. Excise Tax Prov.

Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 75.7 78.7 81.7 84.0 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 101.2 104.2 107.2 103.4 121.9 125.4 128.8 124.4 124.0 127.4 130.9 126.5 121.9 125.4 128.8 124.4 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 76.2 79.2 82.2 84.5 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 101.7 1047 107.7 103.9 122.5 125.9 129.4 125.0 124.5 128.0 131.4 127.1 122.5 125.9 129.4 125.0 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 76.6 79.6 82.6 84.9 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 102.1 105.1 108.1 104.3 122.9 126.4 129.8 125.5 125.0 128.5 131.9 127.5 122.9 126.4 129.8 125.5 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 76.7 79.7 82.7 85.0 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 102.2 105.2 108.2 104.4 123.0 126.5 130.0 125.6 125.1 128.6 132.0 127.6 123.0 126.5 130.0 125.6 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 76.7 79.7 82.7 85.0 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 102.2 105.2 108.2 104.4 123.0 126.5 130.0 125.6 125.1 128.6 132.0 127.6 123.0 126.5 130.0 125.6 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 77.4 80.4 83.4 85.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 102.9 105.9 108.9 105.1 123.9 127.3 130.8 126.4 125.9 129.4 132.8 128.5 123.9 127.3 130.8 126.4 999.9 999.9 999.9 999.9 416 © NS Office of the Registrar of Regulations.

Web version.

N.S. Reg. 158/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 N.S. Reg. 158/2014 Made: October 15, 2014 Filed: October 20, 2014 Ministerial Education Act Regulations Order dated October 15, 2014 Amendment to regulations made by the Minister of Education and Early Childhood Development pursuant to

Section 145 of the Education Act In the matter of

Section 145 of

Chapter 1 of the Acts of 1995-96, the Education Act - and - In the matter of an amendment to the Ministerial Education Act Regulations made by the Minister of Education and Early Childhood Development pursuant to

Section 145 of the Education Act Order I, Karen Casey, Minister of Education and Early Childhood Development for the Province of Nova Scotia, pursuant to

Section 145 of

Chapter 1 of the Acts of 1995-96, the Education Act, hereby amend the Ministerial Education Act Regulations, N.S. Reg. 80/97, made by the Minister of Education by order dated June 24, 1997, in the manner set forth in the attached

Schedule “A”, effective on and after the later of (

a) the date that

Chapter 13 of the Acts of 2014,

An Act to Amend

Chapter 1 of the Acts of 1995-96, the Education Act, comes into force, and (

b) October 17, 2014. Dated and made at Halifax, Nova Scotia, Oct 15, 2014. Sgd.: Karen Casey Honourable Karen Casey, Minister of Education and Early Childhood Development

Schedule “A” Amendment to the Ministerial Education Act Regulations made by the Minister of Education and Early Childhood Development pursuant to

Section 145 of

Chapter 1 of the Acts of 1995-96, the Education Act The Ministerial Education Act Regulations, N.S. Reg. 80/97, made by the Minister of Education by order dated June 24, 1997, are amended by repealing Sections 14 to 21 and substituting the following Section: Exceptions to school review 14 A school board may permanently close a public school without following the school review policy adopted by the Minister under

Section 89 of the Act under any of the following circumstances: © NS Office of the Registrar of Regulations. Web version. 417

N.S. Reg. 158/2014 - 159/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 (a) 1 public school is being permanently closed and replaced by 1 public school provided by the Province as its replacement school; (b) 1 public school is being replaced by anothe r public school provided by the Province at the direction, request or order of a court; (

c) more than 1 public school is being perman ently closed and replaced by 1 public school provided by the Province, and all of the following conditions are met: (

i) the school board provided a business case in the 2013-2014 fiscal year for replacing the public schools, (ii) the construction of the replacement sc hool was publicly announced by the Province during the 2013-2014 fiscal year; (

d) a public school is declared by a school board to be unfit for public school purposes under

Section 90 of the Act. N.S. Reg. 159/2014 Made: September 11, 2011 Approved: October 21, 2014 Filed: October 21, 2014 Veterinary Medical Regulations Order in Council 2014-437 dated October 21, 2014 Amendment to regulations approved by the Governor in Council pursuant to

Section 6 of the Veterinary Medical Act The Governor in Council on the report and recommendation of the Minister of Agriculture dated September 2, 2014, and pursuant to

Section 6 of

Chapter 13 of the Acts of 2001, the Veterinary Medical Act, is pleased to approve amendments made by the Council of the Nova Scotia Veterinary Medical Association to the Veterinary Medical Regulations, N.S. Reg. 37/2006, approved by the Governor in Council by Order in Council 2006-104 dated February 17, 2006, to modify the scope of practice for a small animal mobile clinic, small animal remote service and small animal house call service and make housekeeping changes, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after October 21, 2014.

Schedule “A” I certify that the Council of the Nova Scotia Veterinary Medical Association, at its meeting on September 11, 2011, carried a motion to amend the Veterinary Medical Regulations, N.S. Reg. 37/2006, made by the Council and approved by the Governor in Council by Order in Council 2006-104 dated February 17, 2006, in the manner set out in the attached. The [amendments to] regulations referred to in this certificate are effective on and after the date they are approved by the Governor in Council. Signed at Halifax, in the Halifax Regional Municipality, Nova Scotia, on February 24, 2014.

Council of the Nova Scotia Veterinary Medical Association per: sgd.: Dr. Janis M. Fisher President 418 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 159/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 Amendment to the Veterinary Medical Regulations made by the Council of the Nova Scotia Veterinary Medical Association under

Section 6 of

Chapter 13 of the Acts of 2001, the Veterinary Medical Act 1 Clause 6(1)(

b) of the Veterinary Medical Regulations, N.S. Reg. 37/2006, approved by the Governor in Council by Order in Council 2006-104 dated February 17, 2006, is amended by (

a) adding “medicine” immediately after “veterinary” at the end of subclause (iii); (

b) striking out the semicolon at the end of subc lause (iv) and substituting a comma, and adding the following subclause immediately after subclause (iv): (

v) has liability insurance in at least the minimum amount required by Council; 2 Clause 7(2)(

c) of the regulations is amended by stri king out “subclauses 6(1)(b)(ii) to (iv)” and substituting “clause 6(1)(b)”. 3

(1) Section 70 of the regulations is amended by adding the following clause immediately after clause (b): (ba) small animal mobile clinic;

(2) Section 70 of the regulations is further amended by striking out “mobile” in clause (

c) and substituting “remote”. 4 Subsection 71(2) of the regulations is rep ealed and the following subsection substituted:

(2) A small animal hospital must meet the standards set out in the by-laws. 5 (1) Subsection 72(3) of the regulations is re pealed and the following subsection substituted:

(3) A small animal clinic must be owned by or associated with a currently accredited small animal hospital for purposes of providing hospitalization, surgery, emergency and other services not provided by the small animal clinic.

(2) Section 72 of the regulations is further amende d by adding the following subsections immediately after subsection (3):

(4) If a small animal clinic is not owned by the small animal hospital with which it is associated, there must be a written agreement between the small animal clinic and the small animal hospital that sets out the terms of their association.

(5) If a written agreement between a small animal clinic and an associated small animal hospital is no longer in effect, the accreditation of the small animal clinic is deemed withdrawn.

(6) A small animal clinic must meet the standards set out in the by-laws. 6 The regulations are further amended by adding the following

Section immediately after

Section 72: Small animal mobile clinic 72A

(1) The scope of practice for a small animal mobile clinic is limited to examination, diagnostic and prophylactic services and medical and surgical treatment for small animals, and does not include major surgery. © NS Office of the Registrar of Regulations. Web version. 419

N.S. Reg. 159/2014 - 160/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22

(2) Despite subsection (1), ovariohysterectomies may be performed in a small animal mobile clinic if anaesthetic services and an area for major surgical procedures, as required by the standards for a small animal hospital set out in the by-laws, are provided within the small animal mobile clinic.

(3) A small animal mobile clinic must be operated from a vehicle that meets the standards set out in the by-laws.

(4) A small animal mobile clinic must be owned by or associated with a currently accredited small animal hospital for purposes of providing hospitalization, surgery, emergency and other services not provided by the small animal mobile clinic.

(5) If a small animal mobile clinic is not owned by the small animal hospital with which it is associated, there must be a written agreement between the small animal mobile clinic and the small animal hospital that sets out the terms of their association.

(6) If a written agreement between a small animal mobile clinic and an associated small animal hospital is no longer in effect, the accreditation of the small animal mobile clinic is deemed withdrawn.

(7) A small animal mobile clinic must receive approval from the Accreditation Committee for each location where the small animal mobile clinic intends to operate.

(8) A small animal mobile clinic must meet the standards set out in the by-laws. 7 Sections 73 and 74 of the regulations are re pealed and the following Sections substituted: Small animal remote service 73

(1) The scope of practice for a small animal remote service is limited to examination, diagnostic, euthanasia and prophylactic services and, for purposes of restraint or euthanasia only, sedation, and does not include general anaesthesia, radiology, and minor or major surgery.

(2) A small animal remote service must be operated out of a stationary building and must not be operated from a vehicle.

(3) A small animal remote service must be owned by or associated with a currently accredited small animal hospital for purposes of providing hospitalization, surgery, emergency and other services not provided by the small animal remote service.

(4) If a small animal remote service is not owned by the small animal hospital with which it is associated, there must be a written agreement between the small animal remote service and the small animal hospital that sets out the terms of their association.

(5) If a written agreement between a small animal remote service and an associated small animal hospital is no longer in effect, the accreditation of the small animal remote service is deemed withdrawn.

(6) A small animal remote service must receive approval from the Accreditation Committee for each location the small animal remote service intends to operate.

(7) A small animal remote service must meet the standards set out in the by-laws. Small animal house call service 74

(1) The scope of practice for a small animal house call service is limited to examination, diagnostic, euthanasia and prophylactic services and, for purposes of restraint or euthanasia 420 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 159/2014 - 160/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 only, sedation, and does not include general anaesthesia, radiology, and minor or major surgery.

(2) The services performed by a small animal house call service must be performed at the client’s residence.

(3) A small animal house call service must be owned by or associated with a currently accredited small animal hospital for purposes of providing hospitalization, surgery, emergency and other services not provided by the small animal house call service.

(4) If a small animal house call service is not owned by the small animal hospital with which it is associated, there must be a written agreement between the small animal house call service and the small animal hospital that sets out the terms of their association.

(5) If a written agreement between a small animal house call service and an associated small animal hospital is no longer in effect, the accreditation of the small animal house call service is deemed withdrawn.

(6) A small animal house call service must meet the standards set out in the by-laws. 8 The regulations are further amended by adding the following

Section immediately after

Section 78: Accreditation Committee may waive requirements 79 Despite Sections 57 to 78, the Accreditation Committee, with the approval of Council, may waive any of the requirements for accreditation if it is satisfied that it is in the public interest to do so. N.S. Reg. 160/2014 Made: October 18, 2008 Approved: October 21, 2014 Filed: October 21, 2014 Veterinary Technologists Regulations Order in Council 2014-438 dated October 21, 2014 Regulations approved by the Governor in Council pursuant to

Section 6 of the Veterinary Medical Act The Governor in Council on the report and recommendation of the Minister of Agriculture dated September 2, 2014, and pursuant to

Section 6 of

Chapter 13 of the Acts of 2001, the Veterinary Medical Act, is pleased to approve new regulations made by the Council of the Nova Scotia Veterinary Medical Association respecting veterinary technologists in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after October 21, 2014.

Schedule “A” I certify that the Council of the Nova Scotia Veterinary Medical Association, pursuant to

Section 6 of

Chapter 13 of the Acts of 2001, the Veterinary Medical Act, at the annual general meeting of the Association held on October 18, 2008, carried a motion to make new regulations respecting veterinary technologists in the form attached. The regulations referred to in this certificate are effective on and after the date they are approved by the Governor in Council. © NS Office of the Registrar of Regulations. Web version. 421

N.S. Reg. 160/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 Signed at Halifax, in the Halifax Regional Municipality, Nova Scotia, on February 24, 2014. Council of the Nova Scotia Veterinary Medical Association per: sgd.: Dr. Janis M. Fisher President Regulations Respecting Veterinary Technologists made by the Council of the Nova Scotia Veterinary Medical Association under

Section 6 of

Chapter 13 of the Acts of 2001, the Veterinary Medical Act Citation 1 These regulations may be cited as the Veterinary Technologists Regulations.

Definitions 2 In these regulations, “accredited veterinary technology program” means a veterinary technology program approved by the Council; “Act” means the Veterinary Medical Act; “direct supervision”, in relation to a registered veterinary technologist, means supervision of the registered veterinary technologist by a veterinarian who is at the same site where veterinary services are being performed by the registered veterinary technologist; “EVTA” means the Eastern Veterinary Technicians’ Association of Canada, a non-profit organization created to promote unity and provide support and resources to practitioners of veterinary technology in the Atlantic Provinces; “immediate supervision”, in relation to a registered veterinary technologist, means supervision of the registered veterinary technologist by a veterinarian who is within sight or unaided hearing range of the registered veterinary technologist; “indirect supervision”, in relation to a registered veterinary technologist, means supervision of the registered veterinary technologist by a veterinarian who at least once a day is at the same site where the veterinary services are being provided by the registered veterinary technologist, and during that time gives direction to the registered veterinary technologist and has in-person communication with the registered veterinary technologist, but may or may not be at the site when the services are being performed; “national examination” means an examination approved by the Council that tests the skill and knowledge of a graduate of an accredited veterinary technology program; “practice of veterinary technology” means the performance of any of the veterinary services set out in Sections 14 to 16 on an animal, and includes related educational, managerial, research, administrative and commercial sales practices; “prescribed fee” means an applicable fee fixed by the method established in the by-laws under the Act; “registered veterinary technologist”, “registrant” or “RVT” means a person whose name appears in the RVT Register; 422 © NS Office of the Registrar of Regulations.

Web version.

N.S. Reg. 160/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 “RVT Register” means the register of registered veterinary technologists established by the Registrar under

Section 4; “RVT Credentials Committee” means the Registered Veterinary Technologists Credentials Committee established under

Section 3; “RVT licence” means an annual licence issued under

Section 6 to an RVT; “veterinarian” means a member who holds a general-practice licence or a temporary licence issued under the Act. RVT Credentials Committee 3 The Council must establish the RVT Credentials Committee, to be made up of all of the following: (a) 1 veterinarian; (b) 1 registered veterinary technologist recommended by the EVTA; (

c) the Registrar. RVT Register 4( 1 ) The Registrar must keep and maintain an RVT Register that contains the name of each person who qualifies for registration under

Section 5.

(2) The RVT Register may be in any form the Registrar determines, including a book, binders, or an electronic database.

(3) The RVT Register must contain all of the following information for each registrant: (

a) name; (

b) address; (

c) date of registration; (

d) registration number; (

e) academic qualifications; (

f) other qualifications; (

g) a record of any disciplinary findings against the registrant under the Act or in any other licensing jurisdiction. Qualifications for entry in RVT Register 5( 1 ) A person is qualified to have their name entered in the RVT Register if the person submits a completed application to the RVT Credentials Committee on the form approved by the Registrar, together with all of the following: (

a) the prescribed fee; (

b) any information required by the RVT Creden tials Committee that establishes that the person (

i) has graduated from an accredited veterinary technology program; © NS Office of the Registrar of Regulations. Web version. 423

N.S. Reg. 160/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 (ii) has successfully passed the national examination; (iii) subject to subsection (2), is not the s ubject of any existing or pending complaint or disciplinary finding under the Act or in any other licensing jurisdiction, (iv) is competent, capable and of such character to safely and ethically practise veterinary technology, and (

v) is a member in good standing of the EVTA.

(2) An applicant may provide full details of any existing or pending complaint or disciplinary matter to the RVT Credentials Committee to prove to the Committee’s satisfaction that the matter is not a reason to refuse the application for registration.

(3) An applicant who does not meet the qualifications for registration in subsection (1) may be required by the RVT Credentials Committee to pass any examinations or complete any additional training or education the Committee considers necessary in order to re-apply for registration.

(4) The Registrar must enter the name of an applicant who meets the qualifications under subsection (1) in the RVT Register and must issue a certificate of registration to the applicant. Annual licensing 6( 1 ) For the purposes of this Section, “licensing year” means the 12-month period approved by the EVTA Board of Directors.

(2) Notice of the RVT licence fee for the next licensing year must be sent to each registrant no later than 30 days before the beginning of the next licensing year.

(3) The Registrar must issue an RVT licence for the next licensing year to a registrant who, on or before the last day of the current licensing year, submits an application that meets the requirements of

Section 7 and pays the RVT licence fee.

(4) An RVT licence remains in effect until the end of the licensing year in which it is issued, unless it is earlier suspended or revoked. Applying for RVT licence 7( 1 ) An application for an RVT licence must be submitted to the RVT Credentials Committee in the form prescribed by the Registrar, together with any information required by the RVT Credentials Committee that establishes that the applicant (

a) subject to subsection (2), is not the subject of any existing or pending complaint or disciplinary finding under the Act or in any other licensing jurisdiction; (

b) is competent, capable and of such charact er to safely and ethically practise veterinary technology; (

c) is a member in good standing of the EVTA; (

d) meets 1 of the following criteria: (

i) has graduated from an accredited veteri nary technology program, as required by subclause 5(1)(b)(i), in the 3 years preceding the date of their RVT licence application, (ii) has practised veterinary technology for at least 1000 hours in the 5 years preceding the date of their RVT licence application, 424 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 160/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 (iii) has successfully completed any education or training prescribed by the RVT Credentials Committee; and (

e) has completed any continuing education required by the RVT Credentials Committee.

(2) An applicant may provide full details of any existing or pending complaint or disciplinary matter to the RVT Credentials Committee to prove to the Committee’s satisfaction that the matter is not a reason to refuse the application for an RVT licence. Appeal from refusal of registration or RVT licence 8 On refusing an application for registration in the RVT Register or for an RVT licence, the Registrar must give reasons for the refusal to the applicant in writing, and the applicant may appeal the refusal to the Council in accordance with

Section 12 of the Act. Removing name from RVT Register and withdrawing RVT licence 9( 1 ) The Registrar must remove the name of a registrant from the RVT Register in any of the following circumstances: (

a) the registrant requests that their name be removed and surrenders their registration certificate; (

b) the registrant’s name is inco rrectly entered on the RVT Register; (

c) the Registrar is notified of the registrant’s death; (

d) the registrant fails to pay a prescribed fee; (

e) the registrant’s registration is suspended, in which case the registrant’s name must be removed for the duration of the suspension; (

f) the registrant’s registration is revoked.

(2) The Registrar must withdraw a registrant’s RVT licence in any of the following circumstances: (

a) the registrant requests that their name be removed from the RVT Register and surrenders their registration certificate; (

b) the registrant’s name is incorrectly entered on their RVT licence; (

c) the Registrar is notified of the registrant’s death; (

d) the registrant fails to pay a prescribed fee; (

e) the registrant’s registration is revoked.

(3) The Registrar may restore a person’s name to the RVT Register and re-issue an RVT licence to the person if the person (

a) applies and pays the prescribed fee and any a dditional administrative fee as determined by the EVTA Board of Directors; and (

b) satisfies the applicable requirements set out in these regulations for registration and licensing. RVT Credentials Committee may waive requirements 10 The RVT Credentials Committee may waive any of the requirements set out in these regulations for registration or licensing for either of the following reasons: © NS Office of the Registrar of Regulations. Web version. 425

N.S. Reg. 160/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 (

a) the waiver is required by law; (

b) the waiver is consistent with the object s and purpose of the Association and the RVT Credentials Committee considers it appropriate. Licensed registrant may use title 11 A registrant who holds a current RVT licence is entitled to call themself a “veterinary technologist” or a “registered veterinary technologist”, and to use the abbreviated title “RVT” or “R.V.T”. Prohibition against person other than licensed registrant practising or using title 12

(1) Except as provided in subsection (2), a person other than a person whose name appears in the RVT Register and who holds a current RVT licence must not do any of the following: (

a) use the title “veterinary technician”, “vet erinary technologist”, “registered veterinary technician” or “registered veterinary technologist”, or any abbreviation or derivation of them; (

b) describe their activities as the practice of veterinary technology, the practice of a veterinary technician or the practice of a veterinary technologist. (2) Subsection (1) does not apply to any of the following persons while practising veterinary technology in the course of their employment: (

a) a person employed by the Government of Nova Scotia; (

b) a person employed in an animal-care facility of an educational institution approved by the Council; (

c) a person employed by the Government of Cana da to practise veterinary technology and who is not required by the Government of Canada to be registered in the Province. Limits on practice of veterinary technology 13 A registered veterinary technologist may practise veterinary technology only under the supervision of a veterinarian as required by Sections 14, 15 and 16, and only if the veterinarian has authorized the veterinary technology services and the services are within the registered veterinary technologist’s scope of practice.

Veterinary services requiring immediate supervision 14 A registered veterinary technologist must be under the immediate supervision of a veterinarian while performing any of the following veterinary services: (

a) administering IV induction anaesthetic; (

b) acting as a surgical assistant (sterile) to a veterinarian; (

c) performing dental extractions that do not require drilling or sectioning of teeth; (

d) veterinary services not described in clau ses (

a) to (c), as approved by the Council. Veterinary services requiring direct supervision 15 A registered veterinary technologist must be under the direct supervision of a veterinarian while performing any of the following veterinary services: (

a) placing and maintaining arterial catheters; 426 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 160/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 (

b) placing and maintaining urinary catheters; (

c) administering blood produc ts and cross-matching; (

d) placing and maintaining nasal esophageal or gastric tubing; (

e) performing tracheal intubation or extubation; (

f) performing cystocentesis; (

g) preparing patient for surgery; (

h) maintaining and monitoring general anesthesia; (

i) performing dental prophylaxis; (

j) administering dental nerve blocks; (

k) placing and maintaining nasal cannulas; (

l) performing neonatal care; (

m) performing tracheostomy and airway maintenance; (

n) applying splints and slings; (

o) euthanizing animals; (

p) placing skin sutures; (

q) veterinary services not described in clau ses (

a) to (p), as approved by the Council. Veterinary services requiring indirect supervision 16 A registered veterinary technologist must be under the indirect supervision of a veterinarian while performing any of the following veterinary services: (

a) administering treatments of drugs and medica tions by parenteral and injectable routes, including intravenous, intramuscular, subcutaneous, intraperitoneal, rectal, nasal, intracardiac, oral balling gun, and esophageal feeder; (

b) applying minor bandages; (

c) administering cornual ne rve blocks for dehorning; (

d) administering caudal epidurals; (

e) administering sedation; (

f) administering local anaesthesic; (

g) placing and maintaining intravenous catheters; (

h) initiating and monitoring fluid therapy; © NS Office of the Registrar of Regulations. Web version. 427

N.S. Reg. 160/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 (

i) collecting blood; (

j) collecting biological samples, including collecting and preparing tissue, cellular or microbiological samples by skin scraping, impression or another non-surgical technique; (

k) monitoring blood pressure using a non-invasive technique; (

l) maintaining logs for the purpose of controlling the administration and inventory of narcotics; (

m) maintaining log books to record surgery, radiography, and similar procedures; (

n) administering vaccines, unless prohib ited by Provincial or federal law; (

o) performing laboratory testing procedures; (

p) preparing radiographs, includi ng determining settings, positioning the animal, following safety procedures and performing quality control, but not including

interpretation; (

q) administering parenteral nutrition; (

r) performing preliminary physical examinations including temperature, pulse and respiration; (

s) collecting and submitting necropsy samples; (

t) managing minor wounds; (

u) performing physiotherapy; (

v) performing castration on large animals using a closed technique such as the crush/pinch technique; (

w) removing extra teats; (

x) dehorning calves; (

y) placing growth implants and electronic identification devices; (

z) implanting embryos; (aa) expressing anal glands; (ab) filling prescriptions; (ac) performing tonometry, Schirmer tear tests or fluorescein stains; (ad) performing routine maintenance of diagnostic and anaesthetic equipment; (ae) handling and disposing of biohazardous waste materials; (af) performing gastric tubing on horses; (ag) any activity that is incidental to the servi ces described in the preceding clauses and is not an activity to which

Section 14 or 15 applies. 428 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 160/2014 - 161/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 Professional conduct 17

(1) Subject to subsection (2),

Part III of the Act and Sections 28 to 55 of the Veterinary Medical Regulations made under the Act apply to veterinary technologists with the necessary changes in detail.

(2) For a complaint that involves a veterinary technologist, the Council must appoint enough veterinary technologists to the panel of the Complaints Committee and the panel of the Professional Conduct Committee that decide the complaint to form a majority of each panel. Registration and licensing for 2 years after effective date of regulations 18

(1) During the 2 years immediately after the effective date of these regulations, an applicant who submits a completed application on the form approved by the Registrar, together with all of the following, must have their name entered in the RVT Register and be issued an RVT licence: (

a) the prescribed fee; (

b) a letter of recommendation from a veterinari an with whom the applicant has worked; (

c) proof satisfactory to the RVT Credentials Committee that the applicant meets all of the qualifications set out in subsection (2).

(2) An applicant for registration and licensing under subsection (1) must meet all of the following qualifications: (

a) the requirements for licensing in clauses 7(1)(

a) to (c); (

b) successful completion of courses as determined by the EVTA Board of Directors; (

c) accomplishment of 1 of the following: (i) 7 years of practice in the equivalent of the practice of veterinary technology, (ii) graduation from a non-accredited animal-health technician program or veterinary technician program in the 10 years immediately before the date of their application and at least 1000 hours of practice in the equivalent of the practice of veterinary technology in the 5 years immediately before the date of their application. N.S.

Reg. 161/2014 Made: October 21, 2014 Filed: October 21, 2014 Administrative Recalculation of Child Maintenance Regulations Order in Council 2014-439 dated October 21, 2014 Repeal and replacement of regulations made by the Governor in Council pursuant to Sections 54A and 55 of the Maintenance and Custody Act The Governor in Council on the report and recommendation of the Attorney General and Minister of Justice dated September 22, 2014, and pursuant to Sections 54A and 55 of

Chapter 160 of the Revised Statutes of Nova Scotia, 1989, the Maintenance and Custody Act (the “Act”), is pleased, effective on and after November 1, 2014, to © NS Office of the Registrar of Regulations. Web version. 429

N.S. Reg. 161/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 (

a) pursuant to

Section 55 of the Act, (

i) repeal the Administrative Recalculation of Child Maintenance Regulations, N.S. Reg. 66/2010, made by the Governor in Council by Order in Council 2010-182 dated April 20, 2010, (ii) make new regulations respecting the admini strative recalculation of child maintenance, to include recalculation of support orders under the Divorce Act (Canada) and to ensure that the entire Province benefits from the program, in the form set forth in

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

b) pursuant to

Section 54A of the Act, to authorize th e Attorney General and Minister of Justice to enter into an agreement, in the form set out in

Schedule “B”, attached to and forming part of the report and recommendation, or to like form and effect, with the Government of Canada. [Clause (

b) not filed as a regulation.]

Schedule “A” Regulations Respecting Administrative Recalculation of Child Maintenance made under

Section 55 of

Chapter 160 of the Revised Statutes of Nova Scotia, the Maintenance and Custody Act Citation 1 These regulations may be cited as the Administrative Recalculation of Child Maintenance Regulations.

Definitions 2 In these regulations, “Act” means the Maintenance and Custody Act; “applicable federal or provincial guidelines” means (

i) for an order respecting maintenance for a ch ild made under the Act, or an agreement that is registered with the court in accordance with the Act, the Child Maintenance Guidelines made under the Act, or (ii) for an order respecting child support made under the Divorce Act (Canada), the Child Support Guidelines made under that Act; “child maintenance” means financial support payable under a child maintenance order; “child maintenance order” means an order respecting (

i) maintenance for a child made under the Act, and includes an agreement that is registered with the court in accordance with the Act, or (ii) child support made under the Divorce Act (Canada); “child support service” means the provincial child support service continued under

Section 3; “Director” means the Director of Court Services in the Department of Justice assigned responsibility for the administrative recalculation of child maintenance under these regulations, unless otherwise specified; 430 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 161/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 “financial information” means any of the following for the most recent taxation year: (

i) a copy of the payor’s personal income tax return, as filed, and a copy of each notice of assessment and re-assessment issued to the payor, (ii) if the payor has filed an income tax return but has not yet received a notice of assessment or reassessment, a copy of the income tax return and any document or documents acceptable to the recalculation clerk that further set out the payor’s annual income from all sources, (iii) if the annual recalculation takes place before the payor has filed an income tax return, any document or documents acceptable to the recalculation clerk that set out the payor’s annual income from all sources; “former regulations” means the Administrative Recalculation of Child Maintenance Regulations, N.S.

Reg. 66/2010; “payor” means a person who is required under a child maintenance order to pay child maintenance; “recalculated amount” means the amount of child maintenance payable under a recalculated order; “recalculated order” means an order made by a recalculation clerk under

Section 14; “recalculation authorization order” means an order made by a court under

Section 7, unless the context otherwise requires; “recalculation clerk” means a recalculation clerk appointed under

Section 6; “recipient” means a person entitled under a child maintenance order to receive child maintenance on their behalf or on behalf of another person; “review date” means, in relation to a recalculation authorization order, the day and month in every year that is the anniversary of the issuance of the recalculation authorization order; “shared custody” means shared custody as described in

Section 9 of the applicable federal or provincial guidelines; “table amount” means the amount referred to in clause 3(1)(

a) of the applicable federal or provincial guidelines to be paid as child maintenance. Child support service 3 The recalculation program established under the former regulations continues as a child support service to conduct the administrative recalculation of child maintenance under these regulations. References to applicable federal or provincial guidelines 4 A reference in these regulations to a provision of the applicable federal or provincial guidelines is a reference to the provision with the same numbering or lettering, notwithstanding that the reference uses the provincial legislative naming convention.

Recalculation authorization order issued under former regulations 5( 1 ) Subject to subsection (2), a recalculation authorization order issued under the former regulations may be filed and enforced or otherwise dealt with under these regulations.

(2) A recalculation authorization order issued under the former regulations that is not filed with the © NS Office of the Registrar of Regulations. Web version. 431

N.S. Reg. 161/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 Director on or before the date these regulations come into force is deemed to expire 5 years after the date it was issued. Recalculation clerk 6( 1 ) The Director may assign the duties of a recalculation clerk to an officer or employee appointed under the Court Officials Act.

(2) A recalculation clerk must perform any duties and functions required by these regulations, including all of the following: (

a) reviewing and recalculating the table amount of child maintenance orders at regular intervals as authorized by a recalculation authorization order and in accordance with the Act, these regulations and the applicable federal or provincial guidelines; (

b) collecting financial information and determ ining annual income in accordance with the Act, these regulations and the applicable federal or provincial guidelines. Court may make recalculation authorization order 7 Except as limited by

Section 9, a court may order, either separately or as a part of another order, that the table amount of a child maintenance order be recalculated at regular intervals in accordance with these regulations, whether or not the payor or recipient applies for a recalculation authorization order in the originating process. Application for recalculation authorization order 8 A payor or recipient may apply to a court for a recalculation authorization order in respect of the table amount of a child maintenance order on or after the date the child maintenance order is first made or registered with the court.

When court must not make recalculation authorization order 9 A court must not make a recalculation authorization order in any of the following circumstances: (

a) if either or both the payor and recipient do not ordinarily reside in the Province; (

b) the child maintenance order is an interim order; (

c) there is a shared custody order for a child to whom the child maintenance order applies; (

d) the payor’s annual income is over $150,000, a nd the amount of the child maintenance ordered was determined under clause 4(

b) of the applicable federal or provincial guidelines; (

e) the child maintenance payable takes undue ha rdship into account in accordance with

Section 10 of the applicable federal or provincial guidelines; (

f) the financial information indicates that the payor receives income as a self-employed person, as a partner in a partnership, as a person in control of a corporation, or as a recipient of dividend income as referred to in clauses 21(1)(

d) to (

g) of the applicable federal or provincial guidelines; (

g) a child maintenance order applies to a payor w ho stands in the place of a parent and

Section 3 of the applicable federal or provincial guidelines was not applied to determine the amount of the child maintenance; (

h) the annual income of the payor was determin ed based on a pattern of income under

Section 17 of the applicable federal or provincial guidelines; 432 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 161/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 (

i) the amount of the child maintenance ordered was not determined under the applicable federal or provincial guidelines. Mandatory conditions of recalculation authorization order 10 A recalculation authorization order must include all of the following conditions: (

a) that the payor must file their financial inform ation with the recalculation clerk no later than 60 days before the review date; (

b) that if the payor fails to provide their financ ial information as required, then the payor’s annual income is deemed to be 10% more than the annual income attributed to the payor’s income in the most recent child maintenance order or recalculated order; (

c) that a recalculation clerk must, on or before th e review date, review and recalculate the table amount of child maintenance in accordance with these regulations; (

d) that the payor becomes liable to pay the recalculated amount 31 days after both parties to whom the order relates are notified of the recalculation; (

e) that the payor and recipient must notify a recalculation clerk in writing of a change to any of their following contact information no later than 10 days after the date of the change: (

i) mailing address, (ii) e-mail address, (iii) telephone number, (iv) fax number. Date that recalculation authorization order expires 11 A recalculation authorization order expires on the earlier of the following dates: (

a) the date that the child maintenance order to which it applies is varied, rescinded or suspended; (

b) the date that any child to whom the ch ild maintenance order applies reaches the age of majority. Filing recalculation authorization order with Director 12

(1) No later than 5 days after it is issued, a recalculation authorization order must be filed by the court with the Director.

(2) A payor or recipient may file with the Director any recalculation authorization order that is not filed in accordance with subsection (1). Clerk must issue recalculated order 13

(1) At least 40 days before the review date of a recalculation authorization order, a recalculation clerk must do all of the following: (

a) review the financial information received; (

b) determine the annual income of the payor in accordance with

Section 17; (

c) subject to

Section 15, © NS Office of the Registrar of Regulations. Web version. 433

N.S. Reg. 161/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 (

i) recalculate the table amount based on the annual income of the payor and rounded to the nearest dollar amount, and (ii) issue a recalculated order and send a copy of the recalculated order to the recipient and the payor.

(2) Nothing in these regulations authorizes a recalculation clerk to recalculate any amount of child maintenance payable other than the table amount.

(3) Before issuing a recalculated order, a recalculation clerk may refer the proposed recalculated order to a judge, who may or refer it back to the recalculation clerk with directions or make such order as is just.

(4) A recalculated order is not invalid because a recalculation clerk fails to perform a review and recalculation before the deadline in subsection (1).

(5) A recalculation authorization order filed with the Director that has not been recalculated for a previous year may be recalculated based on financial information for the most recent taxation year in accordance with these regulations. Correcting clerical errors or omissions in recalculated order 14

(1) No later than 30 days after a recalculated order is issued, a recalculation clerk may correct a clerical error or omission in the recalculated order and issue a corrected recalculated order.

(2) A recalculation clerk must immediately send a copy of any recalculated order corrected under this

Section to the recipient and the payor.

(3) A recalculated order corrected and issued under this

Section takes the place of the recalculated order it corrects and takes effect on the same date as the recalculated order it is made in place of. When child maintenance must not be recalculated under these regulations 15 A recalculation clerk must not recalculate the table amount of a child maintenance order if any of the following apply: (

a) the recalculation authorization order for the child maintenance order has expired or has been varied, rescinded, suspended or substituted by the court; (

b) the payor’s income has not changed; (

c) the recalculation authorization order was made in any of the circumstances listed in

Section 9; (

d) the payor’s circumstances have changed sin ce the recalculation authorization order was made to include any of the circumstances listed in

Section 9; (

e) the recalculation authorization order was made under these regulations but does not comply with these regulations; (

f) the recalculation authorization order was made under the former regulations but does not comply with the former regulations or these regulations. Payor and recipient notified if no recalculation 16 A recalculation clerk who determines that child maintenance cannot be recalculated under

Section 15 must notify the payor and the recipient of the determination and the reasons for it as soon as practicable, including any of the following applicable statements: 434 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 161/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 (

a) if clause 15(

c) or (

d) applies, a statement that no further action can be taken by the recalculation clerk unless the court issues a new recalculation authorization order or confirms the existing recalculation authorization order; (

b) if clause 15(

e) or (

f) applies, a statement that no further action can be taken by the recalculation clerk unless the court issues a new recalculation authorization order. Determining annual income of payor 17

(1) If a payor has filed financial information, a recalculation clerk must determine the annual income of the payor in accordance with

Section 16 of the applicable federal or provincial guidelines.

(2) If a payor has not filed financial information, the payor’s annual income is deemed to be 10% more than the payor’s annual income set out in the most recent of the previous child maintenance orders and recalculated orders made against the payor. Information included in recalculated order 18 A recalculated order must be in writing and must state all the following: (

a) the recalculated table amount, and how it was calculated; (

b) the annual income of the payor as determined in accordance with

Section 17, and how it was calculated; (

c) the review date; (

d) that the payor must pay the recalculated tabl e amount monthly, on and from the review date; (

e) the names and dates of birth of all children for whom the recalculated table amount is payable; (

f) that the payor and the recipient are entitled to apply to a court under

Section 19 to vary, rescind or suspend the recalculated order; (

g) the date the payor becomes liable to pay th e recalculated amount, which is 31 days after both parties to whom the order relates are notified of the recalculated order. Right to object to recalculated amount 19

(1) No later than 30 days after a payor or recipient is notified of a recalculated order, the payor or recipient may object to the order by making an application to a court to vary, rescind or suspend the recalculated order.

(2) A payor or recipient must notify the recalculation clerk in writing of any application made under subsection (1).

(3) If an application to the court is made under subsection (1), the recalculated order is suspended pending the determination of the application and the most recent order from among the previous child maintenance orders and recalculated orders remains in effect during the suspension.

(4) If an application to the court made under subsection (1) is withdrawn before the court determines the application, whether or not the application is withdrawn before or after the review date, a payor is liable to pay the recalculated table amount as determined by the recalculations clerk in accordance with these regulations. Filing recalculated order with Director 20 A recalculation clerk must file a recalculated order with the court and the Director of Maintenance © NS Office of the Registrar of Regulations. Web version. 435

N.S. Reg. 161/2014 Royal Gazette

Part II - Regulations Vol. 38, No. 22 Enforcement appointed under the Maintenance Enforcement Act, together with any financial information and current contact information that was provided to the recalculation clerk. Documents sent to payor or recipient by regular mail 21

(1) Any notice or order that a recalculation clerk is required to send to a payor or recipient under these regulations must be sent by regular mail to the most current address for the person provided to the recalculation clerk.

(2) A notice or order sent in accordance with subsection (1) is deemed to have been received 5 days after the date it was sent. Recalculation does not affect other portions of child maintenance order 22 A recalculation of the table amount of a child maintenance order under these regulations in accordance with a recalculation authorization order does not affect the validity of any other portion of the original child maintenance order. 436 © NS Office of the Registrar of Regulations. Web version.

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 152/2014
Date	2014-01-01
Type	gazette
Volume / chapter	just regulations rg2 2014 oc3114
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	2cfd17563021055e4ad9215abfd3852018e6d805

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