Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 24, No. 4 February 25, 2000 Contents Act Reg. No. Page Business Electronic Filing Act B u s i n e s s R e g i s t r y R e g u l a t i o n s.......................... 1 4 /2000 52 Fisheries and Coastal Resources Act A q u a c u l t u r e L i c e n c e a n d L e a s e R e g u l a t i o n s ............... 1 5 /2000 56 Liquor Control Act Liquor Commission Regulations - Amendment ............. 1 6 / 2000 59

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........ 1 8 /2000 61 Utility and Review Board Act P o l l i n g D i s t r i c t R e v i e w R u l e s - R e p e a l ................... 1 9 /2000 66 Workers’ Compensation Act Workers’ Compensation General Regulations - Amendment . . . 17/2000 60 NOW AVAILABLE The first issue for the 2000 subscription year of the Folio®-based Nova Scotia Regulations CD-ROM, containing the consolidated regulations of Nova Scotia and the quarterly sectional index of regulations, is now available from the Office of the Registrar of Regulations.

For information or subscriptions please call (902) 424-6723 or visit our website at www.gov.ns.ca/just/regulations/cd. 51

N.S. Reg. 14/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 14/2000 Made: February 2, 2000 Filed: February 3, 2000 Business Registry Regulations Order in Council 2000-24 made February 2, 2000 Regulations made by the Governor in Council pursuant to

Section 5, subsection 10(2) and

Section 16 of the Business Electronic Filing Act The Governor in Council, on the report and recommendation of the Minister of Business and Consumer Services dated December 15, 1999, pursuant to Sections 4, 5, 9, 10, 11, 13 and 16 of

Chapter 3 of the Acts of 1995-96, the Business Electronic Filing Act, is pleased to: (

a) make new regulations respecting the Nova Scotia Business Registry in the form attached to and forming part of the Report and Recommendation as

Schedule "A", effective on, from and after February 2, 2000; (

b) enter into the Agreement between the Government of Nova Scotia and the Government of Canada attached to and forming part of the Report and Recommendation as

Schedule "B", and authorize the Minister of Business and Consumer Services to execute the agreement on behalf of the Governor in Council; (

c) establish the system of business identifiers described in

Schedule "C" attached to and forming part of the Report and Recommendation; and (

d) establish the unified database known as the Nova Scotia Business Registry as a business registration access service and establish the rules governing its creation, maintenance, access and use as outlined in

Schedule "D" attached to and forming part of the Report and Recommendation.

Schedule "A" Regulations respecting the Nova Scotia Business Registry made by the Governor in Council pursuant to

Section 5, subsection 10(2) and

Section 16 of

Chapter 3 of the Acts of 1995-96, the Business Electronic Filing Act Citation 1 These regulations may be cited as the Business Registry Regulations.

Definitions 2 In these regulations, (a) "Act" means the Business Electronic Filing Act; 52

N.S. Reg. 14/2000 ROYAL GAZETTE

Part II Regulations (b) "BN" means the Business Number assigned to a business by the Canada Customs and Revenue Agency, which consists of a 9-digit root number, plus a program account identifier made up of 2 characters, plus a 4-digit sequence number; (c) "designated enactment" means

an Act designated under

Section 3; (d) “NSBR” means the Nova Scotia Business Registry; (e) "NSBR Administrator" means the person authorized by the Minister pursuant to subsection 9(4) of the Act to perform the functions and services described in subsection 4(1) with respect to the designated enactments. Designated enactments 3 The following Acts are designated pursuant to

Section 4 of the Act for the purposes of the Act and these regulations: (

a) Cemetery and Funeral Services Act; (

b) Collection Agencies Act; (

c) Companies Act; (

d) Condominium Act; (

e) Consumer Reporting Act; (

f) Corporations Registration Act; (

g) Credit Union Act; (

h) Direct Sellers' Licensing and Regulation Act; (

i) Embalmers and Funeral Directors Act; (

j) Insurance Act; (

k) Limited Partnerships Act; (

l) Mortgage Brokers and Lenders Registration Act; (

m) Motor Vehicle Act; (

n) Partnerships and Business Names Registration Act; (

o) Revenue Act; (

p) Societies Act; (

q) Trust and Loan Companies Act; (

r) Workers Compensation Act. NSBR Administrator 4( 1 ) The NSBR Administrator shall supervise, administer and monitor the operation of the NSBR and perform such other duties as may be assigned by the Minister.

(2) The Minister may designate a person to act on behalf of the NSBR Administrator in the Administrator's absence. 53

N.S. Reg. 14/2000 ROYAL GAZETTE

Part II Regulations Filing information by entering in database 5( 1 ) The NSBR Administrator shall accept, register, maintain, store and reproduce any information, forms or documents that are required to be filed by businesses under a designated enactment, in electronic or other machine-readable format by direct electronic transmission or by key data entry.

(2) For the purposes of the Act and any designated enactments, the electronic database or databases are deemed to be the official record required to be kept under those enactments.

Filing information, documents or forms requiring signature 6 Any information, forms, or documents that are required to be signed by a person for filing under a designated enactment may be filed with the NSBR if signed by electronic signature approved by the NSBR Administrator, or by electronically transmitted or reproduced signature. 7 Any forms that businesses are required to file under the Act or a designated enactment that are required to be signed under this Act or a designated enactment may be filed without signatures if the NSBR Administrator has established a procedure to ensure that the forms accurately represent the information contained on a signed version of the form or in such circumstances where the NSBR Administrator considers that it is appropriate to accept the filing without signature.

Time and date of filing 8 When information, forms or documents are filed in electronic format or by direct electronic transmission they are deemed to be filed at the time and on the date the electronic system confirms receipt of the information form or document and assigns the time and date of filing. Business Identifier System 9( 1 ) A business required to be registered under a designated enactment shall register for a BN.

(2) The business shall use the assigned BN for all matters pertaining to the designated enactments under which it is registered. BN registration locations 10 The following locations are designated as access channels where clients can register for a BN: (

a) the Access Nova Scotia office in (

i) Antigonish, (ii) Bridgewater, (iii) Dartmouth, (iv) Halifax, (

v) Kentville, 54

N.S. Reg. 14/2000 ROYAL GAZETTE

Part II Regulations (vi) Sydney, (vii) Truro, (viii) Yarmouth; (

b) Canada Customs and Revenue Agency Tax Services Offices (TSO'

s) in Canada; (

c) Department of Business and Consumer Services, Halifax; (

d) Workers Compensation Board of Nova Scotia office in (

i) Halifax, (ii) Sydney. 55

N.S. Reg. 15/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 15/2000 Made: February 2, 2000 Filed: February 3, 2000 Aquaculture Licence and Lease Regulations Order in Council 2000-31 made February 2, 2000 Regulations made by the Governor in Council pursuant to

Section 64 of the Fisheries and Coastal Resources Act The Governor in Council on the report and recommendation of the Minister of Fisheries and Aquaculture dated January 11, 2000, pursuant to

Section 64 of

Chapter 25 of the Acts of 1996, the Fisheries and Coastal Resources Act, is pleased to repeal the regulations respecting aquaculture made by Order in Council 85-26 dated January 15, 1985, and make new regulations respecting aquaculture in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on, from and after February 2, 2000.

Schedule “A” Regulations respecting aquaculture made pursuant to

Section 64 of

Chapter 25 of the Acts of 1996, the Fisheries and Coastal Resources Act Citation 1 These regulations may be cited as the Aquaculture Licence and Lease Regulations. Introduction 2 In these regulations (a) “Registrar of Aquaculture” means a person designated by the Minister to keep records of aquaculture development areas, aquaculture licences and leases, aquaculture production records and other documents as may be prescribed; (b) “Provincial Fish Health Veterinarian” means a veterinarian employed by the Department for the purpose of providing veterinary services with respect to fish. Location and marking 3( 1 ) Marine aquaculture lease sites shall (

a) be located 25 m from the mean low water level; and (

b) have a water depth of 2 m on the shoreward boundary at low tide.

(2) Despite subsection (1), the Minister may issue an aquaculture lease for a marine area up to the highwater mark if in the Minister’s opinion the area is required for the aquaculture undertaking. 56

N.S. Reg. 15/2000 ROYAL GAZETTE

Part II Regulations

(3) Despite subsection (1), the Minister may issue an aquaculture lease for the bottom culture of mollusks in respect of any area heretofore leased for such purpose by the Government of Canada according to the metes and bounds description used in the licence or lease issued by the Government of Canada. 4 The holder of an aquaculture lease shall (

a) mark all corners of the leased site with cautionary yellow buoys of a minimum of 60 cm in diameter; (

b) mark all corners of the leased bottom with a cement block or similar device of a weight sufficient to ensure the cement block or device remains in place at all times; and (

c) display the licence or lease number at 1 corner of the licensed or leased area. Report and records 5( 1 ) A licensee shall maintain accurate records with respect to the licensee’s aquacultural site relating to (

a) the origin, transport, transfer, and introduction of live aquacultural produce; (

b) the presence of diseases; (

c) the type and amount of food used in relation to aquacultural produce; (

d) the type of medication, dosage, treatment date, and duration of veterinarian treatments; (

e) the source, number and specific location of each stock and lot of aquacultural produce; and (

f) a record of all aquacultural produce sales including the date, number or weight, and destination of each sale.

(2) The records referred to in subsection (1) shall be maintained at the licensee’s normal place of business for at least 3 years.

(3) Upon the request of the Registrar of Aquaculture or an Inspector, a licensee shall provide any of the information required to be kept pursuant to subsection (1) in the time and manner prescribed by the Registrar of Aquaculture or an Inspector. Fees 6( 1 ) The following fees apply for leases, licences and permits issued pursuant to the Act and regulations: 57

N.S. Reg. 15/2000 ROYAL GAZETTE

Part II Regulations (

a) a non-refundable fee of $200 per application; (

b) an annual fee of $100 for an aquaculture licence; (

c) an annual lease fee of $2 per hectare for aquaculture leased areas.

(2) A fee of $10 will be charged to inspect documents maintained by the Registrar of Aquaculture. Removal of leasehold improvements 7 Upon termination of a lease, the lessee shall, upon order of the Minister, immediately and at the lessee’s own expense, (

a) remove from the designated premises any and all property constructed, erected, made, brought or placed thereon by the lessee; and (

b) restore the designated premises to as good order and condition as prevailed immediately prior to the commencement of the term of the lease of the designated premises. 8 If the lessee fails to comply with an order for removal and restoration issued pursuant to

Section 7 within a time that the Minister considers reasonable, the Minister may effect the removal and restoration at the lessee’s risk and expense. Fish health 9 The Provincial Fish Health Veterinarian may isolate, quarantine, order treatment for, restrict the movement of, or destroy cultured fish infected or thought to be infected with a disease that the Provincial Fish Health Veterinarian considers a significant risk to wild or cultured fish stocks. 58

N.S. Reg. 16/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 16/2000 Made: February 2, 2000 Filed: February 3, 2000 Liquor Commission Regulations Order in Council 2000-35 made February 2, 2000 Amendment to regulations approved by the Governor in Council pursuant to

Section 15 of the Liquor Control Act The Governor in Council on the report and recommendation of the Minister responsible for the administration of the Liquor Control Act dated December 10, 1999, pursuant to

Section 15 of

Chapter 260 of the Revised Statutes of Nova Scotia, 1989, the Liquor Control Act, is pleased to approve the making by the Nova Scotia Liquor Commission of an amendment to the regulations made by the Nova Scotia Liquor Commission and approved by Order in Council 91-214 dated February 12, 1991, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on, from and after February 2, 2000.

Schedule “A” Amendment to regulations made by the Nova Scotia Liquor Commission and approved by the Governor in Council pursuant to

Section 15 of

Chapter 260 of the Revised Statutes of Nova Scotia, 1989, the Liquor Control Act Clause 1(1)(

n) of the regulations made by the Nova Scotia Liquor Commission on March 2, 1990, and approved by the Governor in Council by Order in Council 91-214 dated February 12, 1991, is amended by striking out “at one additional licensed premises” and substituting “in up to four additional licensed premises”. 59

N.S. Reg. 17/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 17/2000 Made: February 2, 2000 Filed: February 3, 2000 Workers’ Compensation General Regulations Order in Council 2000-38 made February 2, 2000 Amendment to regulations made by the Governor in Council pursuant to

Section 3 of the Workers’ Compensation Act The Governor in Council on the report and recommendation of the Minister of Labour dated December 24, 1999, pursuant to

Section 3 of

Chapter 10 of the Acts of 1994-95, the Workers’ Compensation Act, is pleased, effective February 2, 2000, to amend the Workers’ Compensation General Regulations made by Order in Council 96-59 dated January 31, 1996, by (

a) repealing

Section 8; and (

b) adding “Aviation and aerial transportation” directly below “Automobile assembly and manufacturing” in Appendix “A”. 60

N.S. Reg. 18/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 18/2000 Made: February 9, 2000 Filed: February 10, 2000

Summary Offence Tickets Regulations Order in Council 2000-49 made February 9, 2000 Amendment to regulations made by the Governor in Council pursuant to Sections 8A and 8B of the

Summary Proceedings Act The Governor in Council on the report and recommendation of the Minister of Justice and Attorney General dated December 23, 1999, pursuant to Sections 8A and 8B of

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

Summary Proceedings Act, is pleased to amend the regulations respecting

summary offence tickets made by Order in Council 85-187 dated February 28, 1985, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation effective on, from and after February 9, 2000.

Schedule “A” Amendments to the regulations respecting

summary offence tickets made by the Governor in Council pursuant to Sections 8A and 8B of

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

Summary Proceedings Act 1 Schedules 1A, 1B and 1C of the regulations respecting

summary offence tickets made by the Governor in Council by Order in Council 85-187 dated February 28, 1985, are repealed and new Schedules 1A, 1B and 1C, in the form attached hereto, are substituted. 2

Schedule PT of the regulations is amended by striking out the description of the offence in item 34 under the Motor Vehicle Act and substituting “Parking over 150 mm from curb”. 61

N.S. Reg. 18/2000 ROYAL GAZETTE

Part II Regulations 62

N.S. Reg. 18/2000 ROYAL GAZETTE

Part II Regulations

Schedule 1B Notice of Parking Infraction In the Provincial Court for the Province of Nova Scotia (Ticket number) NOTICE OF PARKING INFRACTION (Summons to Appear) To: (name) (address) The informant, says that: (name) on , vehicle number plate , registered in (date) (Province) (number) your name, was found (specify offence) at , Nova Scotia, contrary to

Section of (civic #, street, meter #, or place) (number) the . (statute, regulation, by-law) Therefore, you are ordered to attend Court on at at , Nova (date) (time) (place) Scotia, in Courtroom before the presiding Judge or Justice and to attend (number) as required by the Court. Dated at , Nova Scotia, on . (date) Parking-Infraction Ticket Administrator (Municipality) The following is for information purposes only and does not form part of the parking-infraction notice PAYMENT OPTIONS (Set out local payment options) 63

N.S. Reg. 18/2000 ROYAL GAZETTE

Part II Regulations

Schedule 1C CERTIFICATE OF SERVICE (Parking-Infraction Ticket Information) I hereby certify that (

a) the parking-infraction ticket(

s) shown on the list attached hereto was/were affixed to the vehicle(

s) in a conspicuous place or served on the operator of the vehicle(

s) at the time of the infraction; and (

b) notice(

s) of the parking infraction(

s) was/were sent by ordinary mail on the date shown on the list attached hereto, to the owner(

s) of the vehicle(

s) at the last known name and address of the owner(

s) as indicated in the records of the Registrar of Motor Vehicles requiring the owner(

s) to appear in Provincial Court at , Nova Scotia, in Courtroom on at . (number) (date) (time) OR 1. I hereby certify that (

a) parking-infraction ticket for (municipality) (number) (offence) at or near , Nova Scotia, was affixed to the (civic #, street, meter # , or place) vehicle bearing number plate in a conspicuous (Province) place on ; and (date) OR (

a) parking-infraction ticket for (municipality) (number) (offence) at or near , Nova Scotia, was served on the (civic #, street, meter # , or place) operator of the vehicle bearing number plate (Province) on ; and (date) (

b) notice of the parking infraction was sent by ordinary mail on (date) to the last known name and address, as indicated in the records of the Registrar of Motor Vehicles, of the owner of (Province) 64

N.S. Reg. 18/2000 ROYAL GAZETTE

Part II Regulations number plate requiring that owner, namely (name) of to appear in Provincial Court at (address) (place) Nova Scotia, in Courtroom on at . (number) (date) (time) 2. The out of court penalty for this violation is $ . Dated at , Nova Scotia, on (date) Parking-Infraction Ticket Administrator (Municipality) 65

N.S. Reg. 19/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 19/2000 Made: February 10, 2000 Filed: February 15, 2000 Polling District Review Rules Order dated February 10, 2000 made under

Section 12 of the Utility and Review Board Act ORDER NSUARB NOV A SCOTIA UTILITY AND REVIEW BOARD IN THE MATTER OF THE UTILITY AND REVIEW BOARD ACT - and - IN THE MATTER OF A MOTION TO REPEAL THE POLLING DISTRICT REVIEW RULES BEFORE: John A Morash, C.A., Chair Margaret A.M. Shears, Vice-chair John L. Harris, Q.C., Member Linda D. Garber, Member David J. Almon, Member Wayne D. Cochrane, Q.C., Member Roland A. Deveau, Member ORDER

WHEREAS the Nova Scotia Utility and Review Board at a meeting of the Board held on 14th day of October, 1999, passed a motion, to repeal the Polling District Review Rules made under S. 12 of the Utility and Review Board Act, S.N.S., 1992, c. 11, N.S. Reg. 289/92 (December 23, 1992). IT IS HEREBY ORDERED that the Polling District Review Rules made under S. 12 of the Utility and Review Board Act, S.N.S. 1992, c. 11, N.S. Reg. 289/92 (December 23, 1992) be repealed. DATED at Halifax, Nova Scotia, this 10th day of February, 2000. Signed: Nancy McNeil Clerk of the Board 66