© NS Registry of Regulations. Web version. 169

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 35, No. 4 February 25, 2011 Contents Act Reg. No. Page Dairy Industry Act Milk Classes and Categories Regulations–amendment ............................ 2 7 / 2011 185 Education Act Governor in Council Education Act Regulations–amendment ...................... 2 1 / 2011 172 Labour Board Act Proclamation of Act, S. 159, S.N.S. 2010, c. 37–except S. 9(2)(d)-(e), S. 19(2), S. 20(2), S. 84-85, S. 86(c), S. 87-88, S. 89(1)-(2), (4) & (6), S. 90-94, S. 95(2), S. 96-97, S. 98(e)-(

f) and S. 99-126 .................................. 2 4 / 2011 179 Labour Standards Code General Labour Standards Code Regulations–amendment ......................... 1 9 / 2011 170 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 2 2 / 2011 175 Prescribed Petroleum Products Prices ......................................... 2 6 / 2011 183 Railways Act Private Railway Crossing Fees Regulations ..................................... 2 3 / 2011 177

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 .............................. 2 5 /2011 180 Trade Union Act Proclamation of amendments to Act, S. 4, S.N.S. 2010, c. 76 ....................... 2 0 / 2011 171 In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act.

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

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

N.S. Reg. 19/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 4 170 © NS Registry of Regulations. Web version. N.S. Reg. 19/2011 Made: February 1, 2011 Filed: February 7, 2011 General Labour Standards Code Regulations Order in Council 2011-45 dated February 1, 2011 Amendment to regulations made by the Governor in Council pursuant to

Section 7 of the Labour Standards Code The Governor in Council on the report and recommendation of the Minister of Labour and Advanced Education dated January 12, 2011, and pursuant to

Section 7 of

Chapter 246 of the Revised Statutes of Nova Scotia, 1989, the Labour Standards Code, is pleased to amend the general regulations respecting labour standards, N.S. Reg. 298/90, made by the Governor in Council by Order in Council 90-1321 dated November 13, 1990, to provide for unpaid leave of absence from civilian employment for reservists who are participating in certain training, effective on and after May 1, 2011.

Schedule “A” Amendment to the General Regulations Respecting Labour Standards made by the Governor in Council under

Section 7 of

Chapter 246 of the Revised Statutes of Nova Scotia, 1989, the Labour Standards Code 1

(1) Clause 7B(1)(

c) of the general regulations resp ecting labour standards, N.S. Reg. 298/90, made by the Governor in Council by Order in Council 90-1321 dated November 13, 1990, is repealed.

(2) Clause 7B(1)(

d) of the regulations is (

a) relettered as clause (c); and (

b) amended by adding “training or” immediately before “active duty”.

(3) Clause 7B(1)(

e) of the regulations is (

a) relettered as clause (d); and (

b) amended by striking out “that is necessary for active duty” and substituting “as prescribed in the Queen’s Regulations and Orders for the Canadian Forces under the National Defence Act (Canada) for members of the reserve force”. 2

(1) Subsection 7B(2) of the regulations is repeal ed and subsection 7B(3) is renumbered as subsection (2).

(2) Subsection 7B(2) of the regulations is amended by striking out “for reservists under

Section 60H of the Code” in the text before clause (

a) and substituting “under

Section 60H of the Code for reservists who are on active duty or participating in training that is necessary for active duty”.

(3) Clause 7B(2)(

d) of the regulations is repealed and the following clause substituted: (d) “reasonable notice” means at least 90 days’ notice in advance except in an emergency situation, in which case reasonable notice is as much notice as is reasonably practical.

N.S. Reg. 19/2011 - 20/2011 Royal Gazette

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Section 7B of the regulations is further amende d by adding the following subsection immediately after subsection (2):

(3) For the purposes of unpaid leaves of absence under

Section 60H of the Code for reservists who are participating in annual training, other than training that is necessary for active duty, (

a) a period of service must not be longer than 20 days in a calendar year, including related travel time; (

b) an employee must return to work no later th an the next regularly scheduled working day following the period of service and any related travel time; and (c) “reasonable notice” means at least 4 weeks’ notice in advance except in an emergency situation, in which case reasonable notice is as much notice as is reasonably practical. N.S. Reg. 20/2011 Made: February 1, 2011 Filed: February 7, 2011 Proclamation, S. 4, S.N.S. 2010, c. 76 Order in Council 2011-46 dated February 1, 2011 Proclamation made by the Governor in Council pursuant to

Section 4 of

An Act to Amend

Chapter 475 of the Revised Statutes, 1989, the Trade Union Act, Respecting Powers and Duties of Arbitrators and Arbitration Boards The Governor in Council on the report and recommendation of the Minister of Labour and Advanced Education dated January 13, 2011, and pursuant to

Section 4 of

Chapter 76 of the Acts of 2010,

An Act to Amend

Chapter 475 of the Revised Statutes, 1989, the Trade Union Act, Respecting Powers and Duties of Arbitrators and Arbitration Boards, is pleased to order and declare by proclamation that

Chapter 76 of the Acts of 2010,

An Act to Amend

Chapter 475 of the Revised Statutes, 1989, the Trade Union Act, Respecting Powers and Duties of Arbitrators and Arbitration Boards, do come into force on and not before February 1, 2011. PROVINCE OF NOVA SCOTIA sgd: Mayann E. Francis 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 76 of the Acts of 2010,

An Act to Amend

Chapter 475 of the Revised Statutes, 1989, the Trade Union Act, Respecting Powers and Duties of Arbitrators and Arbitration Boards, it is enacted as follows:

N.S. Reg. 20/2011 - 21/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 4 172 © NS Registry of Regulations. Web version. 4 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 76 of the Acts of 2010,

An Act to Amend

Chapter 475 of the Revised Statutes, 1989, the Trade Union Act, Respecting Powers and Duties of Arbitrators and Arbitration Boards, do come into force on and not before February 1, 2011; 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 76 of the Acts of 2010,

An Act to Amend

Chapter 475 of the Revised Statutes, 1989, the Trade Union Act, Respecting Powers and Duties of Arbitrators and Arbitration Boards, do come into force on and not before February 1, 2011, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia.

AT Our Government House in the Halifax Regional Municipality, this 1st day of February in the year of Our Lord two thousand and eleven and in the fifty-ninth year of Our Reign. BY COMMAND: sgd: Ross Landry Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 21/2011 Made: February 1, 2011 Filed: February 7, 2011 Governor in Council Education Act Regulations Order in Council 2011-47 dated February 1, 2011 Amendment to regulations made by the Governor in Council pursuant to

Section 146 of the Education Act The Governor in Council on the report and recommendation of the Minister of Education dated January 17, 2011, and pursuant to

Section 146 of

Chapter 1 of the Acts of 1995-96, the Education Act, is pleased to amend the Governor in Council Education Act Regulations, N.S. Reg 74/97, made by the Governor in Council by Order in Council 97-405 dated June 24, 1997, to provide for an instructional leadership program and to achieve compliance with the Agreement on Internal Trade by making the Bridging Teacher’s Certificate a permanent teaching credential, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after February 1, 2011.

N.S. Reg. 21/2011 Royal Gazette

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Schedule “A” Amendment to the Governor in Council Education Act Regulations made under

Section 146 of

Chapter 1 of the Acts of 1995-96, the Education Act 1

Section 2 of the Governor in Council Education Act Regulations, N.S. 74/97, made by the Governor in Council by Order in Council 97-405 dated June 24, 1997, is amended by adding the following subsections immediately after subsection (2A): (2B) In the Act and in Sections 30E to 30G of these regulations, an “instructional leadership program” means the Nova Scotia Instructional Leadership Program provided by the Minister and as described in

Section 30CA. 2 The regulations are further amended by adding th e following

Section immediately after

Section 30C: Nova Scotia Instructional Leadership Program 30CA The Nova Scotia Instructional Leadership Program must include all of the following: (

a) a minimum of 6 courses, each of which must include at least 36 hours of classroom instruction and 36 hours of inquiry-based practice; (

b) instruction in best practices in all of the following: (

i) instruction and assessment, (ii) instructional design, (iii) coaching and supervision skills, (iv) using data for instruc tional and school improvement, (

v) developing a community of practice. 3 The regulations are further amended by repea ling Sections 30E, 30F and 30G and substituting the following Sections: Advanced Teacher’s Certificate 1 30E The Minister may grant an Advanced Teacher's Certificate 1 to a person who meets all of the following qualifications: (

a) the academic and professional qualifications required for an Initial Teacher’s Certificate; (

b) completion of 1 of the following: (

i) an approved (

A) certificate program, (

B) degree program, or (

C) integrated program, (ii) the Nova Scotia Instructional Leadership Program.

N.S. Reg. 21/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 4 174 © NS Registry of Regulations. Web version. Advanced Teacher’s Certificate 2 30F The Minister may grant an Advanced Teacher’s Certificate 2 to a person who meets all of the following qualifications: (

a) the academic and professional qualifications requi red for an Advanced Teacher’s Certificate 1; (

b) completion of 1 of the following: (

i) an approved (

A) certificate program, (

B) degree program, or (

C) integrated program, (ii) the Nova Scotia Instructional Leadership Program. Advanced Teacher’s Certificate 3 30G The Minister may grant an Advanced Teacher's Certificate 3 to a person who meets all of the following qualifications: (

a) the academic and professional qualifications requi red for an Advanced Teacher’s Certificate 2; (

b) completion of 1 of the following: (

i) an approved (

A) certificate program, (

B) degree program, or (

C) integrated program, (ii) the Nova Scotia Instructional Leadership Program; (

c) if not completed as part of the requirements in clause (

a) or (b), completion of a minimum of 6 credit hours of approved study in research methods or research literacy, or any combination of them totalling 6 credit hours of approved study; (

d) if not completed as part of the requirements in clause (

a) or (b), an approved graduate degree from a recognized university. 3 [4]

Section 30S of the regulations is rep ealed and the following

Section substituted: Bridging Teacher’s Certificate 30S

(1) Despite Sections 30A to 30R, the Minister may grant a Bridging Teacher’s Certificate to a person who has not previously been granted a teacher’s certificate by the Minister and does not meet the requirements for an Initial Teacher’s Certificate, if the person meets 1 of the following qualifications: (

a) they hold a valid teacher’s certificate granted by an authority in a Canadian territory or province other than Nova Scotia;

N.S. Reg. 21/2011 - 22/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 4 © NS Registry of Regulations. Web version. 175 (

b) they have completed minimum of 4 y ears of undergraduate education, including (

i) an approved bachelor’s degree from a recognized university, and (ii) an approved program of professional st udies that consists of a minimum of 30 semester hours of course work, including practicum.

(2) The Minister may grant an Initial Teacher’s Certificate to the holder of a Bridging Teacher’s Certificate who meets the academic and professional qualifications required in

Section 30D for an Initial Teacher’s Certificate.

(3) A Bridging Teacher’s Certificate that was issued under these regulations as they existed immediately before the coming into force of this

Section and that has not expired, continues under this

Section and shall be treated in all respects as if it were issued under this Section. N.S. Reg. 22/2011 Made: February 3, 2011 Filed: February 4, 2011 Prescribed Petroleum Products Prices Order dated February 3, 2011 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-11-05 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 average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended February 2, 2011, are: Grade 1 Regular gasoline 65.5¢ per litre Ultra-low-sulfur diesel oil 72.2¢ per litre

N.S. Reg. 22/2011 Royal Gazette

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Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 65.5¢ per litre Grade 2 68.5¢ per litre Grade 3 71.5¢ per litre Ultra-low-sulfur diesel oil 72.2¢ 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: nil Ultra-low-sulfur diesel oil: plus 0.9¢ per litre And

whereas a winter blending adjustment of plus 4.0¢ 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., February 4, 2011. Dated at Halifax, Nova Scotia, this 3rd day of February, 2011. Sgd: Mora Stevens 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 February 4, 2011 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 71.8 74.8 77.8 83.4 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 97.3 100.3 103.3 102.8 116.5 119.9 123.4 122.8 118.2 121.7 125.1 124.5 116.5 119.9 123.4 122.8 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 72.2 75.2 78.2 83.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 97.7 100.7 103.7 103.2 117.0 120.4 123.9 123.3 118.7 122.1 125.6 125.0 117.0 120.4 123.9 123.3 999.9 999.9 999.9 999.9

N.S. Reg. 22/2011 - 23/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 4 © NS Registry of Regulations.

Web version. 177 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 72.7 75.7 78.7 84.3 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 98.2 101.2 104.2 103.7 117.5 121.0 124.4 123.9 119.3 122.7 126.2 125.6 117.5 121.0 124.4 123.9 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 72.7 75.7 78.7 84.3 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 98.2 101.2 104.2 103.7 117.5 121.0 124.4 123.9 119.3 122.7 126.2 125.6 117.5 121.0 124.4 123.9 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 72.7 75.7 78.7 84.3 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 98.2 101.2 104.2 103.7 117.5 121.0 124.4 123.9 119.3 122.7 126.2 125.6 117.5 121.0 124.4 123.9 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 73.5 76.5 79.5 85.1 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 99.0 102.0 105.0 104.5 118.5 121.9 125.4 124.8 120.2 123.6 127.1 126.5 118.5 121.9 125.4 124.8 999.9 999.9 999.9 999.9 N.S.

Reg. 23/2011 Made: February 8, 2011 Filed: February 10, 2011 Private Railway Crossing Fees Regulations Order in Council 2011-49 dated February 8, 2011 Regulations made by the Governor in Council pursuant to

Section 48 of the Railway Act The Governor in Council on the report and recommendation of the Minister of Transportation and Infrastructure Renewal dated January 18, 2011, and pursuant to

Section 48 of

Chapter 11 of the Acts of 1993, the Railways Act, is pleased to make new regulations respecting private railway crossing fees, in the form set forth in

Schedule “A”, attached to and forming part of the report and recommendation, effective on and after February 8, 2011.

Schedule “A” Regulations Respecting Private Railway Crossing Fees made by the Governor in Council pursuant to

Section 48 of

Chapter 11 of the Acts of 1993, the Railways Act Citation 1 These regulations may be cited as the Private Railway Crossing Fees Regulations.

N.S. Reg. 23/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 4 178 © NS Registry of Regulations. Web version.

Definitions 2 In these regulations, “Act” means the Railways Act; “agreement” means an agreement between a person and a railway company about constructing, maintaining or apportioning the costs of a private crossing; “crossing fee” means the annual fee charged by a railway company in respect of a private crossing; “private crossing” means a road crossing or a utility crossing, as defined for

Section 12 of the Act, that has been constructed under the terms of an agreement; “railway company” means a railway company as defined in the Act, and includes a corporation that owns a railway and is entitled to carry on business in the Province. Limit on crossing fee 3 Despite any agreement, a railway company must not charge a person a crossing fee of more than $300, other than with the approval of the Board under

Section 4. Applying for approval to increase crossing fee 4( 1 ) A railway company may apply annually to the Board for approval to increase a crossing fee if the proposed increase would result in a crossing fee of more than $300.

(2) On application under subsection (1), the Board may make an order for any of the following that it considers just and reasonable in the circumstances: (

a) refusing to approve the proposed fee increase; (

b) approving the proposed fee increase; (

c) setting a crossing fee other than the proposed increased fee. Board powers and procedures 5( 1 ) In deciding an application under these regulations, the Board has all the powers set out in the Utility and Review Board Act, including, except where otherwise required by the Act, the powers to establish its own processes and procedures for fulfilling its functions and duties under the Act and these regulations.

(2) The Board may require the use of any applications and forms, and require any information to accompany the applications and forms, that it considers necessary to carry out its powers and duties under these regulations.

N.S. Reg. 24/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 4 © NS Registry of Regulations. Web version. 179 N.S. Reg. 24/2011 Made: February 8, 2011 Filed: February 10, 2011 Proclamation, S. 159, S.N.S. 2010, c. 37 Order in Council 2011-50 dated February 8, 2011 Proclamation made by the Governor in Council pursuant to

Section 159 of the Labour Board Act The Governor in Council on the report and recommendation of the Minister of Labour and Advanced Education dated January 20, 2011, and pursuant to

Section 159 of

Chapter 37 of the Acts of 2010, the Labour Board Act, and subsection (7) of

Section 3 of

Chapter 235 of the Revised Statutes, 1989, the

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

Chapter 37 of the Acts of 2010, the Labour Board Act, except clauses (

d) and (

e) of subsection (2) of

Section 9, subsection (2) of

Section 19, subsection (2) of

Section 20, Sections 84 and 85, clause (

c) of

Section 86, Sections 87 and 88, subsections (1), (2), (4) and (6) of

Section 89, Sections 90 to 94, subsection (2) of

Section 95, Sections 96 and 97, clauses (

e) and (

f) of

Section 98 and Sections 99 to 126, do come into force on and not before February 8, 2011. PROVINCE OF NOVA SCOTIA sgd: Mayann E. Francis 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 159 of

Chapter 37 of the Acts of 2010, the Labour Board Act, it is enacted as follows: 159 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 37 of the Acts of 2010, the Labour Board Act, except clauses (

d) and (

e) of subsection (2) of

Section 9, subsection (2) of

Section 19, subsection (2) of

Section 20, Sections 84 and 85, clause (

c) of

Section 86, Sections 87 and 88, subsections (1), (2), (4) and (6) of

Section 89, Sections 90 to 94, subsection (2) of

Section 95, Sections 96 and 97, clauses (

e) and (

f) of

Section 98 and Sections 99 to 126, do come into force on and not before February 8, 2011; 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 37 of the Acts of 2010, the Labour Board Act, except clauses (

d) and (

e) of subsection (2) of

Section 9, subsection (2) of

Section 19, subsection (2) of

Section 20, Sections 84 and 85, clause (

c) of

Section 86, Sections 87 and 88, subsections (1), (2), (4) and (6) of

Section 89, Sections 90 to 94, subsection (2) of

Section 95, Sections 96 and 97, clauses (

e) and (

f) of

Section 98 and Sections 99 to 126, do come into force on and not before February 8, 2011, of which all persons concerned are to take notice and govern themselves accordingly.

N.S. Reg. 24/2011 - 25/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 4 180 © NS Registry of Regulations. Web version. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia. AT Our Government House in the Halifax Regional Municipality, this 1st [8th] day of February in the year of Our Lord two thousand and eleven and in the sixtieth year of Our Reign. BY COMMAND: sgd: Ross Landry Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 25/2011 Made: February 8, 2011 Filed: February 10, 2011

Summary Offence Tickets Regulations Order in Council 2011-52 dated February 8, 2011 Amendment to regulations made by the Governor in Council pursuant to

Section 8 of the

Summary Proceedings Act The Governor in Council on the report and recommendation of the Minister of Justice and Attorney General dated January 18, 2011, and pursuant to

Section 8 of

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

Summary Proceedings Act, is pleased to amend Schedules 5, 15 and 15A to the

Summary Offence Ticket[s] Regulations, N.S. Reg. 4/2001, made by the Governor in Council by Order in Council 2001-21 dated January 18, 2001, to include certain offences as

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

Schedule “A” attached to and forming part of the report and recommendation, effective on and after February 8, 2011. Order I, Ross Landry, Minister of Justice and Attorney General of Nova Scotia, hereby order and direct pursuant to

Section 8 of

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

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

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

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

Summary Offence Tickets Regulations set out in

Schedule “A”.

N.S. Reg. 25/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 4 © NS Registry of Regulations. Web version. 181 Dated and made January 18, 2011, at Halifax, Halifax Regional Municipality, Province of Nova Scotia. Sgd.: Ross Landry Honourable Ross Landry Minister of Justice and Attorney General of Nova Scotia

Schedule “A” Amendment to the

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

Section 8 of

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

Summary Proceedings Act 1

Schedule 5 to the

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

a) striking out “$260.21” wherever it appears in the column titled “Out of Court Settlement” and substituting “$397.71”; (

b) striking out “$510.21” wherever it appears in the column titled “Out of Court Settlement” and substituting “$685.21”; (

c) striking out “$760.21” wherever it appears in the column titled “Out of Court Settlement” and substituting “$972.71”; and (

d) striking out “$2010.21” wherever it appears in the column titled “Out of Court Settlement” and substituting “$2410.21”. 2

Schedule 5 to the regulations is further amended by adding the following items immediately after item 29: 29A. Operating off-highway vehicle on designated trail contrary to regulations first offence second offence third or subsequent offence 12D(3) $397.71 $685.21 $972.71 29B. Failing to display or carry trail permit while operating off-highway vehicle on designated trail first offence second offence third or subsequent offence 12D(4) $397.71 $685.21 $972.71 29C. Operating off-highway vehicle on designated trail without third-party liability insurance first offence second offence third or subsequent offence 12D(5) $397.71 $685.21 $972.71 3

Schedule 15 to the regulations is amended by adding the following item immediately after item 30:

N.S. Reg. 25/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 4 182 © NS Registry of Regulations. Web version. 30A. Trapping wildlife on forest land without permission of occupier where notice prohibiting trapping without permission posted 38A(2) $489.71 4

Schedule 15 to the regulations is further amended by (

a) adding “and turtles” after “Birds” in the heading immediately before item 58; and (

b) adding “or turtle (specify)” immediately after “game bird” in item 58. 5

Schedule 15A to the regulations is amended under the heading “Firearm and Bow Regulations” by (

a) repealing item 7 and substituting the following item: 7. Hunting big game with weapon, arrow or ammunition (specify) other than items prescribed by the regulations 4(4) $225.21 (

b) repealing item 12 and substituting the following item: 12. Possessing weapon in wildlife habitat contrary to Act or regulations 8(1) $225.21 (

c) repealing item 21 and substituting the following item: 21. Discharging shotgun loaded with shot, crossbow or bow (specify) within 182 m of dwelling, place of business, public building or other place prohibited by the regulations (specify) 11(3) $340.21 (

d) repealing item 23 and substituting the following item: 23. Carrying loaded weapon in vessel contrary to the regulations 12(1) $225.21 6

Schedule 15A to the regulations is amended unde r the heading “General Wildlife Regulations” by (

a) adding the following item immediately after item 1: 1A. Hunting other harvestable wildlife without valid base licence 3(5) $489.71 (

b) adding the following item immediately after item 40: 41. Using or possessing in wildlife habitat product that contains or purports to contain body part of member of deer family 14(5) $489.71

N.S. Reg. 25/2011 - 26/2011 Royal Gazette

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Schedule 15A to the regulations is further ame nded by repealing items 2-8 under the heading “Hunter Education, Safety and Training Regulations” and substituting the following items: 2. Producing false or misleading document for the purpose of being certified to hunt with firearm, bow or crossbow or to be fur harvester or nuisance wildlife operator (specify) 8(3) $225.21 3. Possessing, or hunting with, firearm in wildlife habitat without certification to hunt with firearm 12(a) $357.46 4. Possessing, or hunting with, bow in wildlife habitat without certification to hunt with bow 12(b) $357.46 5.

Possessing, or hunting with, trap or snare in wildlife habitat without fur harvester certification 12(c) $357.46 6. Possessing, or hunting with, crossbow in wildlife habitat without certification to hunt with crossbow 12(d) $357.46 N.S. Reg. 26/2011 Made: February 10, 2011 Filed: February 14, 2011 Prescribed Petroleum Products Prices Order dated February 10, 2011 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-11-06 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: Roland A. Deveau, 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 average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended February 9, 2011, are:

N.S. Reg. 26/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 4 184 © NS Registry of Regulations. Web version. Grade 1 Regular gasoline 65.5¢ per litre Ultra-low-sulfur diesel oil 72.5¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 65.5¢ per litre Grade 2 68.5¢ per litre Grade 3 71.5¢ per litre Ultra-low-sulfur diesel oil 72.5¢ per litre And

now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: nil Ultra-low-sulfur diesel oil: plus 0.6¢ per litre And

whereas a winter blending adjustment of plus 4.0¢ 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., February 11, 2011. Dated at Halifax, Nova Scotia, this 10th day of February, 2011. 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 February 11, 2011 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 71.8 74.8 77.8 83.4 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 97.3 100.3 103.3 102.8 116.5 119.9 123.4 122.8 118.2 121.7 125.1 124.5 116.5 119.9 123.4 122.8 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 72.2 75.2 78.2 83.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 97.7 100.7 103.7 103.2 117.0 120.4 123.9 123.3 118.7 122.1 125.6 125.0 117.0 120.4 123.9 123.3 999.9 999.9 999.9 999.9

N.S. Reg. 26/2011 - 27/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 4 © NS Registry of Regulations.

Web version. 185 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 72.7 75.7 78.7 84.3 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 98.2 101.2 104.2 103.7 117.5 121.0 124.4 123.9 119.3 122.7 126.2 125.6 117.5 121.0 124.4 123.9 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 72.7 75.7 78.7 84.3 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 98.2 101.2 104.2 103.7 117.5 121.0 124.4 123.9 119.3 122.7 126.2 125.6 117.5 121.0 124.4 123.9 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 72.7 75.7 78.7 84.3 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 98.2 101.2 104.2 103.7 117.5 121.0 124.4 123.9 119.3 122.7 126.2 125.6 117.5 121.0 124.4 123.9 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 73.5 76.5 79.5 85.1 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 99.0 102.0 105.0 104.5 118.5 121.9 125.4 124.8 120.2 123.6 127.1 126.5 118.5 121.9 125.4 124.8 999.9 999.9 999.9 999.9 N.S.

Reg. 27/2011 Made: February 9, 2011 Filed: February 14, 2011 Milk Classes and Categories Regulations Order dated February 9, 2011 Amendment to regulations made by the Natural Products Marketing Council pursuant to clauses 8(

d) and 9(

r) of the Dairy Industry Act I certify that the Natural Products Marketing Council, at its meeting on February 9, 2011 carried a motion to amend the Milk Categories and Classes [Classes and Categories] Regulations made by Council on January 10, 2006 and effective February 1, 2006 in the manner set out in the form attached to this certificate as

Schedule “A”. This amendment referred to in this certificate is effective on and after February 9, 2011. Signed at Truro, in the County of Colchester, Nova Scotia on February 10, 2011. Sgd.: E. A. Crouse Elizabeth A. Crouse, P.Ag. General Manager Natural Products Marketing Council

N.S. Reg. 27/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 4 186 © NS Registry of Regulations. Web version.

Schedule “A” [Amendment to the] Milk Classes and Categories Regulations made [by the Natural Products Marketing Council] under clauses 8(

d) and 9(

r) of

Chapter 24 of the Acts of 2000, the Dairy Industry Act Repeal and replace the row of information

Section 4, Class 4(a)1 under

Section 4, with the following: Milk and any of its components for the manufacture of rennet casein (dry or curd), milk protein concentrate (dry or liquid) or skim milk (dry or liquid) to be used in the manufacture of non- standardized final products in the processed cheese category or in weight or muscle gain formulations, meal replacement products, medical and sport recovery drinks and infant food formulations destined for retail sale.