September 5, 2023 Summary Offence Tickets Regulations–amendment

N.S. Reg. 156/2023

Nova Scotia — Gazette

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September 5, 2023 Summary Offence Tickets Regulations–amendment

N.S. Reg. 156/2023

Nova Scotia — Gazette

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. Volume 47, No. 19 September 22, 2023

Part II Halifax, Nova Scotia Regulations under the Regulations Act Published by Authority Contents Act Reg. No.

Page Crop and Livestock Insurance Act Crop Insurance Plan for Tree Fruit–amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164/2023 577 Environment Act Cap-and-Trade Program Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160/2023 572 Quantification, Reporting and Verification Regulations–amendment . . . . . . . . . . . . . . . . 161/2023 574 Hospitals Act Hospitals Regulations–amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163/2023 576 Patient Access to Care Act Patient Access to Care Act

Definitions Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162/2023 575 Petroleum Products Pricing Act Prescribed Petroleum Products Prices (dispensed from publication) . . . . . . . . . . . . . . . . . 156/2023 554 Prescribed Petroleum Products Prices (dispensed from publication) . . . . . . . . . . . . . . . . . 159/2023 571

Summary Proceedings Act

Summary Offence Tickets Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157/2023 554 –amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158/2023 566 553

N.S. Reg. 156/2023 - 157/2023 Royal Gazette

Part II - Regulations Vol. 47, No. 19 N.S. Reg. 156/2023 Made: August 31, 2023 Filed: September 1, 2023 Prescribed Petroleum Products Prices Order dated August 31, 2023 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 [Please note: Prescribed Petroleum Products Prices filed with the Office of the Registrar of Regulations on and after January 23, 2023, will no longer be published in the Royal Gazette

Part II. Publication of the Prescribed Petroleum Products Prices has been dispensed with by order of the Attorney General dated January 23, 2023, and published on page 63 of the February 10, 2023, issue of the Royal Gazette

Part II. Current and historical Prescribed Petroleum Products Prices are available for inspection in person at the Office of the Registrar of Regulations and can be viewed on the Nova Scotia Utility and Review Board’s website at the following address: https://nsuarb.novascotia.ca/mandates/gasoline-diesel-pricing.] N.S. Reg. 157/2023 Made: August 30, 2023 Filed: September 5, 2023

Summary Offence Tickets Regulations–amendment Order dated August 30, 2023 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, Brad Johns, 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, effective on and after the date of this order, hereby (

a) amend

Schedule 3A 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, to designate certain offences under the Board Motor Carrier Act Hours of Service Regulations and the Governor in Council Motor Carrier Act Hours of Service 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 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. 281/2011, as set forth in the attached

Schedule “A”, is the out-of-court settlement amount listed in the out-of-court settlement column 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. Dated and made August 30, 2023, at Halifax, Halifax Regional Municipality, Province of Nova Scotia. 554

N.S. Reg. 157/2023 Royal Gazette

Part II - Regulations Vol. 47, No. 19 sgd. Brad Johns Honourable Brad Johns 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 3A 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 adding the following heading and items immediately before the heading “Board Public Passenger Motor Carrier Act Regulations”: Offence

Section Out of Court Settlement Board Motor Carrier Act Hours of Service Regulations 1 Requesting, requiring or allowing driver to drive when driving would jeopardize public health or safety first offence subsequent offence 4(a) $410.00 $697.50 2 Requesting, requiring or allowing driver to drive when out of service first offence subsequent offence 4(b) $410.00 $697.50 3 Requesting, requiring or allowing driver to drive when not in compliance with regulations first offence subsequent offence 4(c) $295.00 $467.50 4 Requesting, requiring or allowing driver to fail to comply with daily driving hours (13 hours) first offence subsequent offence 5(a) $295.00 $467.50 5 Requesting, requiring or allowing driver to fail to comply with daily on-duty hours (14 hours) first offence subsequent offence 5(b) $295.00 $467.50 6 Requesting, requiring or allowing driver to fail to take 8 consecutive off-duty hours after 13 hours of driving time first offence subsequent offence 6(1)(a) $295.00 $467.50 7 Requesting, requiring or allowing driver to fail to take 8 consecutive off-duty hours after 14 hours of on-duty time first offence subsequent offence 6(1)(b) $295.00 $467.50 555

N.S. Reg. 157/2023 Royal Gazette

Part II - Regulations Vol. 47, No. 19 8 Requesting, requiring or allowing driver to drive after 16 hours have elapsed between off-duty periods first offence subsequent offence 6(2) $295.00 $467.50 9 Failing to ensure driver takes 10 hours of off-duty time in day, including 8-hour period of off-duty and 2-hour period of off-duty first offence subsequent offence 7 $295.00 $467.50 10 Failing to comply with off-duty hours after splitting daily off-duty time (single driver) first offence subsequent offence 10(1) $295.00 $467.50 11 Failing to comply with off-duty hours after splitting daily off-duty time (team of drivers) first offence subsequent offence 11(1) $295.00 $467.50 12 Failing to require driver to follow cycle 1 or cycle 2 first offence subsequent offence 12 $295.00 $467.50 13 Requesting, requiring or allowing driver to drive when failing to take off-duty hours–at least 24 consecutive in 14 days first offence subsequent offence 13 $295.00 $467.50 14 Requesting, requiring or allowing driver to drive excessive hours–cycle 1 first offence subsequent offence 14 $295.00 $467.50 15 Requesting, requiring or allowing driver to drive excessive hours–cycle 2 (specify) first offence subsequent offence 15 $295.00 $467.50 16 Switching from cycle 1 to cycle 2 without taking 36 consecutive off-duty hours first offence subsequent offence 16(1)(a) $295.00 $467.50 17 Switching from cycle 2 to cycle 1 without taking 72 consecutive off-duty hours first offence subsequent offence 16(1)(b) $295.00 $467.50 18 Requesting, requiring or allowing driver to switch from cycle 1 to cycle 2 without taking 36 consecutive off-duty hours first offence subsequent offence 17(1)(a) $295.00 $467.50 19 Requesting, requiring or allowing driver to switch from cycle 2 to cycle 1 without taking 72 consecutive off-duty hours first offence subsequent offence 17(1)(b) $295.00 $467.50 556

N.S. Reg. 157/2023 Royal Gazette

Part II - Regulations Vol. 47, No. 19 20 Failing to require copy of special permit be placed in vehicle first offence subsequent offence 21(1)(a) $352.50 $582.50 21 Failing to provide list of vehicles operating under special permit to board first offence subsequent offence 21(1)(b) $352.50 $582.50 22 Failing to make record of duty status of drivers operating under special permit available immediately to board first offence subsequent offence 21(1)(c)(i) $352.50 $582.50 23 Failing to make supporting documents of drivers operating under special permit available immediately to board first offence subsequent offence 21(1)(c)(ii) $352.50 $582.50 24 Failing to notify board of accident involving vehicle operating under special permit first offence subsequent offence 21(1)(d) $352.50 $582.50 25 Failing to ensure drive [driver] complies with terms and conditions of special permit first offence subsequent offence 21(2) $352.50 $582.50 26 Failing to require driver to fill out record of duty status first offence subsequent offence 25(1) $352.50 $582.50 27 Failing to require driver to legibly enter all required information in record of duty status first offence subsequent offence 26 $237.50 $352.50 28 Requesting, requiring or allowing driver to drive if failing to have records of duty status for previous 14 days in possession first offence subsequent offence 28(a) $352.50 $582.50 29 Requesting, requiring or allowing driver to drive if failing to have record of duty status for current day in possession, completed up to last duty status change first offence subsequent offence 28(b) $180.00 $237.50 30 Requesting, requiring or allowing drive to drive if failing to have supporting documents of current trip in possession first offence subsequent offence 28(c) $352.50 $582.50 31 Failing to ensure driver forward [forwards] records of duty status or supporting documents no later than 20 days after completed first offence subsequent offence 29(1) $237.50 $352.50 557

N.S. Reg. 157/2023 Royal Gazette

Part II - Regulations Vol. 47, No. 19 32 Failing to ensure driver forward [forwards] records of duty status or supporting documents to last carrier for which driver worked no later than 20 days after completed first offence subsequent offence 29(2) $237.50 $352.50 33 Failing to deposit records of duty status or supporting documents no later than 30 days after received first offence subsequent offence 29(3)(a) $352.50 $582.50 34 Failing to keep records of duty status or supporting documents in chronological order for 6 months first offence subsequent offence 29(3)(b) $352.50 $582.50 35 Requesting, requiring or allowing driver to keep more than 1 record of duty status first offence subsequent offence 30(1) $697.50 $1272.50 36 Requesting, requiring or allowing driver to enter inaccurate information in record of duty status first offence subsequent offence 30(2)(a) $697.50 $1272.50 37 Requesting, requiring or allowing driver to falsify, mutilate or deface record of duty status or supporting documents first offence subsequent offence 30(2)(b) $697.50 $1272.50 38 Requesting, requiring or allowing tampering with ELD first offence subsequent offence 30(3) $697.50 $1272.50 39 Failing to equip commercial vehicle with ELD when required first offence subsequent offence 31(1) $697.50 $1272.50 40 Failing to require driver to record records of duty status as their duty status changes first offence subsequent offence 31(2) $1272.50 $2422.50 41 Failing to ensure ELD configured to record yard moves first offence subsequent offence 31(4) $697.50 $1272.50 42 Requesting, requiring or allowing more than 1 ELD at same time for same period first offence subsequent offence 31(5) $1272.50 $2422.50 43 Failing to ensure commercial vehicle carrying required documents (specify) first offence subsequent offence 31(6) $410.00 $697.50 44 Carrier failing to ensure driver records information in complete and accurate manner first offence subsequent offence 31(7) $410.00 $697.50 558

N.S. Reg. 157/2023 Royal Gazette

Part II - Regulations Vol. 47, No. 19 45 Failing to ensure ELD is in good working order first offence subsequent offence 32(1) $1272.50 $2422.50 46 Failing to ensure ELD is calibrated according to specifications first offence subsequent offence 32(1) $1272.50 $2422.50 47 Failing to ensure ELD is maintained according to specifications first offence subsequent offence 32(1) $1272.50 $2422.50 48 Failing to maintain register of ELD malfunction codes as required (specify) first offence subsequent offence 32(3) $1272.50 $2422.50 49 Failing to retain required ELD malfunction information for 6 months first offence subsequent offence 32(4) $1272.50 $2422.50 50 Failing to create system of accounts in compliance with Technical Standard first offence subsequent offence 33 $1272.50 $2422.50 51 Failing to create and maintain system of accounts that allows each driver to record record of duty status in distinct and personal account first offence subsequent offence 33(a) $1272.50 $2422.50 52 Failing to create and maintain system of accounts that provides for distinct account of driving time of unidentified driver first offence subsequent offence 33(b) $1272.50 $2422.50 53 Failing to verify records of duty status forwarded by driver first offence subsequent offence 34 $1272.50 $2422.50 54 Failing to require from driver changes necessary to ensure accuracy of records of duty status first offence subsequent offence 34 $697.50 $1272.50 55 Failing to monitor driver compliance first offence subsequent offence 35(1) $410.00 $697.50 56 Failing to record required information in notice of non- compliance (specify) first offence subsequent offence 35(2) $410.00 $697.50 57 Obstructing, hindering or making false statement to inspector first offence subsequent offence 37 $697.50 $1272.50 58 Failing to immediately produce record of duty status first offence subsequent offence 38(1)(a) $410.00 $697.50 559

N.S. Reg. 157/2023 Royal Gazette

Part II - Regulations Vol. 47, No. 19 59 Failing to immediately produce supporting document or relevant record first offence subsequent offence 38(1)(b) $410.00 $697.50 60 Failing to immediately produce record of driving time of unidentified driver first offence subsequent offence 38(1)(c) $1272.50 $2422.50 61 Failing to immediately produce register of ELD malfunction first offence subsequent offence 38(1)(d) $1272.50 $2422.50 62 Failing to immediately produce special permit first offence subsequent offence 38(1)(e) $410.00 $697.50 2

Schedule 3A to the regulations is further amended by adding the following heading and items immediately before the heading “Governor in Council Public Passenger Motor Carrier Act Regulations”: Offence

Section Out of Court Settlement Governor in Council Motor Carrier Act Hours of Service Regulations 1 Driving when driving would jeopardize public health or safety first offence second offence 4(a) $410.00 $697.50 2 Driving when out of service first offence second offence 4(b) $410.00 $697.50 3 Driving when not in compliance with regulations first offence second offence 4(c) $295.00 $467.50 4 Failing to comply with maximum daily driving hours (13 hours) first offence second offence 5(a) $295.00 $467.50 5 Failing to comply with maximum daily on-duty hours (14 hours) first offence second offence 5(b) $295.00 $467.50 6 Failing to take 8 consecutive off-duty hours after 13 hours of driving time first offence second offence 6(1)(a) $295.00 $467.50 7 Failing to take 8 consecutive off-duty hours after 14 hours of on-duty time first offence second offence 6(1)(b) $295.00 $467.50 8 Driving after 16 hours have elapsed between off-duty periods first offence second offence 6(2) $295.00 $467.50 560

N.S. Reg. 157/2023 Royal Gazette

Part II - Regulations Vol. 47, No. 19 9 Failing to take 10 hours of off-duty time in day, including 8-hour period of off-duty and 2-hour period of off-duty first offence second offence 7(1) $295.00 $467.50 10 Failing to comply with off-duty hours after splitting daily off-duty time (single driver) first offence second offence 10(1) $295.00 $467.50 11 Failing to comply with off-duty hours after splitting daily off-duty time (team of drivers) first offence second offence 11(1) $295.00 $467.50 12 Failing to follow cycle 1 or cycle 2 first offence second offence 12 $295.00 $467.50 13 Failing to take off-duty hours–at least 24 consecutive in 14 days first offence second offence 13 $295.00 $467.50 14 Excessive hours–cycle 1 first offence second offence 14 $295.00 $467.50 15 Excessive hours–cycle 2 (specify) first offence second offence 15 $295.00 $467.50 16 Switching from cycle 1 to cycle 2 without taking 36 consecutive off-duty hours first offence second offence 17(1)(a) $295.00 $467.50 17 Switching from cycle 2 to cycle 1 without taking 72 consecutive off-duty hours first offence second offence 17(1)(b) $295.00 $467.50 18 Failing to comply with terms and conditions of special permit first offence second offence 18 $352.50 $582.50 19 Failing to record reason for exceeding driving, on-duty time or elapsed time (specify) in record of duty status first offence second offence 21 $295.00 $467.50 20 Failing to fill out record of duty status first offence second offence 23(1) $352.50 $582.50 21 Failing to legibly enter all required information in record of duty status first offence second offence 24(1) $237.50 $352.50 22 Failing to have records of duty status for previous 14 days in possession first offence second offence 26(a) $352.50 $582.50 561

N.S. Reg. 157/2023 Royal Gazette

Part II - Regulations Vol. 47, No. 19 23 Failing to have record of duty status for current day in possession, completed up to last duty status change first offence second offence 26(b) $180.00 $237.50 24 Failing to have supporting documents of current trip in possession first offence second offence 26(c) $352.50 $582.50 25 Failing to forward records of duty status no later than 20 days after completed first offence second offence 27(1) $237.50 $352.50 26 Failing to forward supporting documents no later than 20 days after completed first offence second offence 27(1) $237.50 $352.50 27 Failing to forward records of duty status to first carrier no later than 20 days after completed first offence second offence 27(2) $237.50 $352.50 28 Failing to forward copy of records of duty status to all other carriers no later than 20 days after completed first offence second offence 27(2) $237.50 $352.50 29 Failing to forward supporting documents to all carriers no later than 20 days after completed first offence second offence 27(2) $237.50 $352.50 30 Keeping more than 1 record of duty status first offence second offence 28(1) $697.50 $1272.50 31 Entering inaccurate information in record of duty status first offence second offence 28(2)(a) $697.50 $1272.50 32 Falsifying, mutilating or defacing record of duty status first offence second offence 28(2)(b) $697.50 $1272.50 33 Falsifying, mutilating or defacing supporting document first offence second offence 28(2)(b) $697.50 $1272.50 34 Tampering with ELD first offence second offence 28 $697.50 $1272.50 35 Failing to equip commercial vehicle with ELD when required first offence second offence 29(1) $1272.50 $2422.50 36 Failing to record records of duty status as duty status changes first offence second offence 29(2) $410.00 $697.50 562

N.S. Reg. 157/2023 Royal Gazette

Part II - Regulations Vol. 47, No. 19 37 Failing to input or verify date and start time first offence second offence 29(4)(a) $352.50 $582.50 38 Failing to input or verify driver identification number first offence second offence 29(4)(a) $352.50 $582.50 39 Failing to input or verify cycle first offence second offence 29(4)(b) $352.50 $582.50 40 Failing to input or verify commercial vehicle license plates first offence second offence 29(4)(c) $352.50 $582.50 41 Failing to input or verify unit number first offence second offence 29(4)(c) $352.50 $582.50 42 Failing to input or verify trailer number first offence second offence 29(4)(c) $352.50 $582.50 43 Failing to input or verify name or address of home terminal first offence second offence 29(4)(d) $352.50 $582.50 44 Failing to input or verify name or address of principal place of business first offence second offence 29(4)(d) $352.50 $582.50 45 Failing to input or verify vehicle’s location description first offence second offence 29(4)(e) $352.50 $582.50 46 Failing to input or verify hours of off-duty and on-duty time for previous 14 days first offence second offence 39(4)(f) $352.50 $582.50 47 Failing to input or verify deferred off-duty time under

Section 9 first offence second offence 29(4)(g) $352.50 $582.50 48 Failing to input or verify total number of hours for each duty status for previous 14 days first offence second offence 29(4)(h)(i) $352.50 $582.50 49 Failing to input or verify beginning and end time of each 16-hour period for each of previous 14 days first offence second offence 29(4)(h)(i) $352.50 $582.50 50 Failing to input or verify start and end times of each duty status in current day, before use of ELD first offence second offence 29(4)(h)(ii) $352.50 $582.50 563

N.S. Reg. 157/2023 Royal Gazette

Part II - Regulations Vol. 47, No. 19 51 Failing to input or verify annotation necessary to complete record of duty status first offence second offence 29(4)(i) $352.50 $582.50 52 Using more than 1 ELD at same time for same period first offence second offence 29(5) $410.00 $697.50 53 Failing to notify carrier of ELD malfunction first offence second offence 30(1) $410.00 $697.50 54 Failing to record ELD malfunction first offence second offence 30(2)(a) $295.00 $467.50 55 Failing to record date and time of ELD malfunction first offence second offence 30(2)(b) $295.00 $467.50 56 Failing to record time when notice of ELD malfunction transmitted to carrier first offence second offence 20(2)(c) $295.00 $467.50 57 Failing to record malfunction code in record of duty status first offence second offence 30(3) $295.00 $467.50 58 Failing to certify accuracy of record of duty status first offence second offence 31 $410.00 $697.50 59 Failing to verify records of duty status forwarded by driver first offence second offence 32(1) $1272.50 $2422.50 60 Failing to require from driver changes necessary to ensure accuracy of records first offence second offence 32(1) $697.50 $1272.50 61 Failing to accept or reject changes required by carrier first offence second offence 32(2) $1272.50 $2422.50 62 Failing to make necessary changes first offence second offence 32(2) $410.00 $697.50 63 Failing to recertify accuracy of record of duty status first offence second offence 32(2) $410.00 $697.50 64 Failing to forward amended records of duty status to carrier first offence second offence 32(2) $352.50 $582.50 65 Obstructing, hindering or making false statement to inspector first offence second offence 34 $697.50 $1272.50 564

N.S. Reg. 157/2023 Royal Gazette

Part II - Regulations Vol. 47, No. 19 66 Failing to immediately produce current record of duty status and records of duty status for previous 14 days first offence second offence 35(1) $352.50 $582.50 67 Failing to immediately produce supporting documents for current trip and previous 14 days first offence second offence 35(1) $352.50 $582.50 68 Failing to immediately produce special permits for current trip and previous 14 days first offence second offence 35(1) $352.50 $582.50 69 Failing to retrieve information stored on ELD first offence second offence 35(2) $352.50 $582.50 70 Failing to immediately give inspector records of duty status for previous 14 days first offence second offence 35(4)(a) $352.50 $582.50 71 Failing to immediately give inspector supporting documents for previous 14 days first offence second offence 35(4)(b) $352.50 $582.50 72 Failing to immediately give inspector special permits for previous 14 days first offence second offence 35(4)(c) $352.50 $582.50 73 Failing to immediately give inspector records of driving time of unidentified driver for previous 14 days first offence second offence 35(4)(d) $352.50 $582.50 74 Failing to immediately give inspector documents referred to in subsection 77(7) of Federal regulations for previous 14 days first offence second offence 35(4)(e) $1272.50 $2422.50 75 Failing to immediately give inspector register of ELD malfunction set out in subsection 78(6) of Federal regulations for previous 14 days first offence second offence 35(4)(f) $1272.50 $2422.50 76 Failing to immediately give inspector information recorded under subsection 29(2) or under subsection 87(2) of Federal regulations for previous 14 days first offence second offence 35(4)(g) $1272.50 $2422.50 565

N.S. Reg. 158/2023 Royal Gazette

Part II - Regulations Vol. 47, No. 19 N.S. Reg. 158/2023 Made: August 30, 2023 Filed: September 5, 2023

Summary Offence Tickets Regulations–amendment Order dated August 30, 2023 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, Brad Johns, 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, effective on and after the date of this order, hereby (

a) amend

Schedule 4A 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, to designate certain offences under the Commercial Vehicle Drivers’ Hours of Service 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 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. 281/2011, as set forth in the attached

Schedule “A”, is the out-of-court settlement amount listed in the out-of-court settlement column 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. Dated and made August 30, 2023, at Halifax, Halifax Regional Municipality, Province of Nova Scotia. sgd. Brad Johns Honourable Brad Johns 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

Schedule 4A 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 repealing items 1–62 under the heading “Commercial Vehicle Drivers’ Hours of Service Regulations” and substituting the following items: Offence

Section Out of Court Settlement 1 Driving when driving would jeopardize public health or safety 5(

a) F 2 Driving when out of service 5(

b) F 566

N.S. Reg. 158/2023 Royal Gazette

Part II - Regulations Vol. 47, No. 19 3 Driving when not in compliance with regulations 5(

c) D 4 Failing to comply with maximum daily driving hours (13 hours) 6(

a) D 5 Failing to comply with maximum daily on-duty hours (14 hours) 6(

b) D 6 Failing to take 8 consecutive off-duty hours after 13 hours of driving time 7(1)(

a) D 7 Failing to take 8 consecutive off-duty hours after 14 hours of on-duty time 7(1)(

b) D 8 Driving after 16 hours have elapsed between off-duty periods 7(2) D 9 Failing to take 10 hours of off-duty time in day, including 8-hour period of off-duty and 2-hour period of off-duty 9(1) D 10 Failing to comply with off-duty hours after splitting daily off-duty time (single driver) 12(3) D 11 Failing to comply with off-duty hours after splitting daily off-duty time (team of drivers) 13(3) D 12 Failing to follow cycle 1 or cycle 2 14 D 13 Failing to take off-duty hours–at least 24 consecutive in 14 days 15 D 14 Excessive hours–cycle 1 16 D 15 Excessive hours–cycle 2 17(

a) D 16 Failing to take off-duty hours–24 consecutive hours after 70 hours on duty 17(

b) D 17 Switching from cycle 1 to cycle 2 without taking 36 consecutive off-duty hours 19(1)(

a) D 18 Switching from cycle 2 to cycle 1 without taking 72 consecutive off-duty hours 19(1)(

b) D 19 Failing to take off-duty hours–at least 3 periods off-duty during 24 days (special permit for oil well service vehicles) 22(2)(

a) D 20 Failing to take off-duty hours–at least 72 consecutive hours off duty (special permit for oil well service vehicles) 22(2)(

b) D 21 Failing to require copy of special permit be placed in vehicle 25(1)(

a) E 22 Failing to provide list of vehicles operating under special permit to director 25(1)(

b) E 23 Failing to make record of duty status of drivers operating under special permit available immediately to director 25(1)(c)(

i) E 24 Failing to make supporting documents or relevant records of drivers operating under special permit available immediately to director 25(1)(c)(ii) E 25 Failing to notify director of accident involving vehicle operating under special permit 25(1)(

d) E 26 Failing to comply with terms and conditions of special permit 25(2) E 27 Failing to record reason for exceeding driving time, on-duty time or elapsed time (specify) in record of duty status 29 D 28 Failing to fill out record of duty status 31(1) E 29 Failing to legibly enter all required information in record of duty status 32 C 30 Failing to have records of duty status for previous 14 days in possession 34(

a) E 31 Failing to have logs of 24-hour off-duty time in possession (special permit for oil will [well] service vehicles) 34(

b) E 32 Failing to have record of duty status for current day in possession, completed up to last duty status change 34(

c) B 33 Failing to have supporting documents or relevant records of current trip in possession 34(

d) E 567

N.S. Reg. 158/2023 Royal Gazette

Part II - Regulations Vol. 47, No. 19 34 Failing to forward records of duty status no later than 20 days after completed 35(1) C 35 Failing to forward supporting documents no later than 20 days after completed 35(1) C 36 Failing to forward records of duty status to first carrier no later than 20 days after completed 35(2) C 37 Failing to forward copy of records of duty status to all other carriers no later than 20 days after completed 35(2) C 38 Failing to forward supporting documents to all carriers no later than 20 days after completed 35(2) C 39 Failing to deposit records of duty status no later than 30 days after received 35(3)(

a) E 40 Failing to deposit supporting documents no later than 30 days after received 35(3)(

a) E 41 Failing to keep records of duty status in chronological order for 6 months 35(3)(

b) E 42 Failing to keep supporting documents in chronological order for 6 months 35(3)(

b) E 43 Keeping more than 1 record of duty status 36(1) G 44 Entering inaccurate information in record of duty status 36(2)(

a) G 45 Falsifying, mutilating or defacing record of duty status 36(2)(

b) G 46 Falsifying, mutilating or defacing supporting documents 36(2)(

b) G 47 Requesting, requiring or allowing tampering with ELD 36(3) G 48 Failing to require driver to record records of duty status 37(2) H 49 Failing to record records of duty status as duty status changes 37(2) F 50 Failing to ensure ELD configured to record yard moves 37(4) G 51 Failing to input or verify date and start time 37(5)(

a) E 52 Failing to input or verify driver identification number 37(5)(

a) E 53 Failing to input or verify cycle 37(5)(

b) E 54 Failing to input or verify commercial vehicle licence plates 37(5)(

c) E 55 Failing to input or verify unit number 37(5)(

c) E 56 Failing to input or verify trailer number 37(5)(

c) E 57 Failing to input or verify name or address of home terminal 37(5)(

d) E 58 Failing to input or verify name or address of principal place of business 37(5)(

d) E 59 Failing to input or verify vehicle’s location description 37(5)(

e) E 60 Failing to input or verify hours of off-duty and on-duty time for previous 14 days 37(5)(

f) E 61 Failing to input or verify deferred off-duty time under

Section 10 37(5)(

g) E 62 Failing to input or verify total number of hours for each duty status for previous 14 days 37(5)(h)(

i) E 63 Failing to input or verify beginning and end time of each 16-hour period for each of previous 14 days 37(5)(h)(

i) E 64 Failing to input or verify start and end times of each duty status in current day, before use of ELD 37(5)(h)(ii) E 65 Failing to input or verify any annotation necessary to complete record of duty status 37(5)(

i) E 568

N.S. Reg. 158/2023 Royal Gazette

Part II - Regulations Vol. 47, No. 19 66 Requesting, requiring or allowing more than 1 ELD at same time for same period 37(6) H 67 Using more than 1 ELD at same time for same period 37(6) F 68 Failing to ensure vehicle carrying user’s manual 37(7)(

a) F 69 Failing to ensure vehicle carrying instruction sheet 37(7)(

b) F 70 Failing to ensure vehicle carrying instruction sheet for driver for ELD malfunction 37(7)(

c) F 71 Failing to ensure vehicle carrying sufficient number of records of duty status 37(7)(

d) F 72 Failing to ensure driver records information 37(8) F 73 Failing to record information in complete and accurate manner 37(8) F 74 Failing to ensure ELD is in good working order 38(1) H 75 Failing to ensure ELD is calibrated according to specifications 38(1) H 76 Failing to ensure ELD is maintained according to specifications 38(1) H 77 Failing to notify carrier of ELD malfunction 38(2) F 78 Failing to record ELD malfunction 38(3)(

a) D 79 Failing to record date and time of ELD malfunction 38(3)(

b) D 80 Failing to record time when notice of ELD malfunction transmitted to carrier 38(3)(

c) D 81 Failing to record malfunction code in record of duty status 38(4) D 82 Failing to repair or replace ELD within time required 38(5) H 83 Failing to ensure name of driver who noticed malfunction code entered in ELD malfunction register 38(6)(

a) H 84 Failing to ensure name of each driver using vehicle following discovery of malfunction entered in ELD malfunction register 38(6)(

b) H 85 Failing to ensure make, model and serial number of ELD entered in ELD malfunction register 38(6)(

c) H 86 Failing to ensure licence plate of vehicle entered in ELD malfunction register 38(6)(

d) H 87 Failing to ensure Vehicle Identification Number entered in ELD malfunction register 38(6)(

d) H 88 Failing to ensure date when malfunction code noticed entered in ELD malfunction register 38(6)(

e) H 89 Failing to ensure location of vehicle on date malfunction code noticed entered in ELD malfunction register 38(6)(

e) H 90 Failing to ensure date carrier notified of malfunction code entered in ELD malfunction register 38(6)(

e) H 91 Failing to ensure date ELD replaced or repaired entered in ELD malfunction register 38(6)(

f) H 92 Failing to ensure concise description of actions taken to repair or replace ELD entered in ELD malfunction register 38(6)(

g) H 93 Failing to retain required ELD malfunction information for 6 months 38(7) H 94 Failing to create and maintain system of accounts in compliance with Technical Standard 39 H 95 Failing to create and maintain system of accounts that allows each driver to record record of duty status in distinct and personal account 39(

a) H 569

N.S. Reg. 158/2023 Royal Gazette

Part II - Regulations Vol. 47, No. 19 96 Failing to create and maintain system of accounts that provides for distinct account of driving time of unidentified driver 39(

b) H 97 Failing to certify accuracy of record of duty status 40 F 98 Failing to verify records of duty status forwarded by driver 41(1) H 99 Failing to require from driver changes necessary to ensure accuracy of records of duty status 41(1) G 100 Failing to accept or reject changes required by carrier 41(2) H 101 Failing to make necessary changes 41(2) F 102 Failing to recertify accuracy of record of duty status 41(2) F 103 Failing to forward amended records of duty status to carrier 41(2) E 104 Failing to monitor driver compliance 42(1) F 105 Failing to take immediate remedial action 42(2) F 106 Failing to issue notice of non-compliance 42(2) F 107 Failing to record required details of non-compliance 42(2) F 108 Obstructing, hindering or making false statement to inspector 45 G 109 Failing to immediately produce current record of duty status and records of duty status for previous 14 days 46(1)(

a) E 110 Failing to immediately produce supporting documents or relevant records for current trip and previous 14 days 46(1)(

b) E 111 Failing to immediately produce special permits for current trip and previous 14 days 46(1)(

c) E 112 Failing to retrieve information stored on ELD 46(2) E 113 Failing to immediately give inspector records of duty status for previous 14 days 46(4)(

a) E 114 Failing to immediately give inspector supporting documents or relevant records for previous 14 days 46(4)(

b) E 115 Failing to immediately give inspector special permits for previous 14 days 46(4)(

c) E 116 Failing to immediately give inspector records of driving time of unidentified driver for previous 14 days 46(4)(

d) E 117 Failing to immediately give inspector documents referred to in subsection 77(7) of Federal regulations for previous 14 days 46(4)(

e) H 118 Failing to immediately give inspector register of ELD malfunction set out in subsection 78(6) of Federal regulations for previous 14 days 46(4)(

f) H 119 Failing to immediately give inspector information recorded under subsection 37(2) or under subsection 87(2) of Federal regulations for previous 14 days 46(4)(

g) H 120 Failing to make records of duty status available 47(1)(

a) F 121 Failing to make supporting documents or relevant records available 47(1)(

b) F 122 Failing to make records of driving time of unidentified driver available 47(1)(

c) H 123 Failing to make documents referred to in subsection 37(2) available 47(1)(

d) H 124 Failing to make register of ELD malfunction available 47(1)(

e) H 125 Failing to make special permits available 47(1)(

f) F 570

N.S. Reg. 159/2023 - 160/2023 and 161/2023Royal Gazette

Part II - Regulations Vol. 47, No. 19 N.S. Reg. 159/2023 Made: September 7, 2023 Filed: September 8, 2023 Prescribed Petroleum Products Prices Order dated September 7, 2023 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 [Please note: Prescribed Petroleum Products Prices filed with the Office of the Registrar of Regulations on and after January 23, 2023, will no longer be published in the Royal Gazette

Part II. Publication of the Prescribed Petroleum Products Prices has been dispensed with by order of the Attorney General dated January 23, 2023, and published on page 63 of the February 10, 2023, issue of the Royal Gazette

Part II. Current and historical Prescribed Petroleum Products Prices are available for inspection in person at the Office of the Registrar of Regulations and can be viewed on the Nova Scotia Utility and Review Board’s website at the following address: https://nsuarb.novascotia.ca/mandates/gasoline-diesel-pricing.] N.S. Reg. 160/2023 and N.S. Reg. 161/2023 Made: September 12, 2023 Filed: September 12, 2023 Cap-and-Trade Program Regulations–amendment; Quantification, Reporting and Verification Regulations–amendment Order in Council 2023-246 dated September 12, 2023 Amendment to regulations made by the Governor in Council pursuant to

Section 112Q of the Environment Act The Governor in Council on the report and recommendation of the Minister of Environment and Climate Change dated August 4, 2023, and pursuant to

Section 112Q of

Chapter 1 of the Acts of 1994-95, the Environment Act, is pleased, effective on and after September 12, 2023, to (

a) amend the Cap-and-Trade Program Regulations, N.S. Reg. 194/2018, made by the Governor in Council by Order in Council 2018-294 dated November 13, 2018, in the manner set forth in

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

b) amend the Quantification, Reporting and Verification Regulations, N.S. Reg. 29/2018, made by the Governor in Council by Order in Council 2018-43 dated February 15, 2018, in the manner set forth in

Schedule “B” attached to and forming part of the report and recommendation. 571

N.S. Reg. 160/2023 Royal Gazette

Part II - Regulations Vol. 47, No. 19 N.S. Reg. 160/2023 Cap-and-Trade Program Regulations–amendment

Schedule “A” Amendment to the Cap-and-Trade Program Regulations made by the Governor in Council under

Section 112Q of

Chapter 1 of the Acts of 1994-95, the Environment Act 1 (1) Subsection 9(3) of the Cap-and-Trade Program Regulations, N.S. Reg. 194/2018, made by the Governor in Council by Order in Council 2018-294 dated November 13, 2018, is amended by striking out “as set out in the following table:” and the table and substituting “the amount attributed under subsection (2), as applicable, based on the revised GHG report.”. (2) Subsection 9(4) of the regulations is repealed and the following subsection substituted:

(4) A revised GHG report for a facility may not be submitted after September 15, 2023. 2 (1) Subsection 10(3) of the regulations is amended by striking out “as set out in the following table:” and the table and substituting “the amount attributed under subsection (2), as applicable, based on the revised GHG report.”.

(2) Section 10 of the regulations is further amended by adding the following subsection immediately after subsection (3):

(4) A revised GHG report for a fuel supplier emitter may not be submitted after September 15, 2023. 3

Section 12 of the regulations is amended by striking out “initial”. 4 Subsection 13(2) of the regulations is repealed and the following subsection substituted:

(2) A program participant is not permitted to submit emission allowances after the deadline in

Section 14. 5 (1) Subsection 14(1) of the regulations is amended by striking out “Except as provided in subsection (2), the deadline” and substituting “The deadline”. (2) Subsection 14(2) of the regulations is repealed. 6 Subsection 16(4) of the regulations is repealed and the following subsection substituted:

(4) If the amount of emission allowances transferred under subsections (1) and (2) is less than the amount of emission allowances required to be submitted by the program participant for the compliance period, a program participant may be subject to enforcement action taken in accordance with the Act. 7 The regulations are further amended by adding the following

Section immediately after

Section 16: Transfer of emission allowances after deadline 16A After the deadline in

Section 14 and the transfer of emission allowances in accordance with

Section 572

N.S. Reg. 160/2023 Royal Gazette

Part II - Regulations Vol. 47, No. 19 16, a program participant must not transfer, remove or adjust any emission allowances in their accounts. 8 (1) Subsection 24(1) of the regulations is amended by striking out “The Minister” and substituting “Before November 15, 2023, the Minister”.

(2) Subclause 24(2)(b)(ii) of the regulations is repealed and the following subclause substituted: (ii) leaving them in their general account until the

Section 14 deadline. (3) Subsection 24(3) of the regulations is amended by striking out “60 days” and substituting “30 days”. (4) Clause 24(4)(

b) of the regulations is amended by striking out “auction account” and substituting “cancellation account”. (5) Subsection 24(5) of the regulations is amended by striking out “60 days” and substituting “30 days”. 9 The regulations are further amended by adding the following

Section immediately after

Section 24: Closure of program participants’ accounts after

Section 14 deadline 24A

(1) After the deadline in

Section 14 and transfer of emission allowances under

Section 16, the Minister may do any of the following: (

a) remove and retire excess emission allowances remaining in a participant’s account; (

b) close a participant’s account in accordance with

Section 24; (

c) cancel a participant’s registration in the program; (

d) take any other actions the Minister considers necessary to conclude the program.

(2) A person is not entitled to compensation or damages for the value of any emission allowances retired or cancelled in accordance with subsection (1) or for any other loss directly or indirectly related to actions taken by the Minister to conclude the program. 10

Section 34 of the regulations is amended by striking out “If the Minister” and substituting “Before the deadline in

Section 14, if the Minister”. 11 Subsection 50(2) of the regulations is amended by striking out “subsections (3) and (4)” and substituting “subsection (3)”. 12

Section 66 of the regulations is amended by adding the following subsection immediately after subsection (5):

(6) Despite subsection (4), if emission allowances offered for sale on consignment are not sold, the Minister may return the emission allowances to the program participant’s general account. 573

N.S. Reg. 161/2023 Royal Gazette

Part II - Regulations Vol. 47, No. 19 N.S. Reg. 161/2023 Quantification, Reporting and Verification Regulations–amendment

Schedule “B” Amendment to the Quantification, Reporting and Verification Regulations made by the Governor in Council under

Section 112Q of

Chapter 1 of the Acts of 1994-95, the Environment Act 1 (1) Subsection 27(1) of the Quantification, Reporting and Verification Regulations, N.S. Reg. 29/2018, made by the Governor in Council by Order in Council 2018-43 dated February 15, 2018, is amended by striking out “subsection (2)” and substituting “subsections (2) and (3)”.

(2) Section 27 of the regulations is further amended by adding the following subsection immediately after subsection (2):

(3) Despite subsection (1), and after May 1, 2023, except for a revised GHG report or verification statement that may be required in accordance with Sections 29, 30, 31, 32 or 33, a GHG report is not required for the 2023 reporting year or any later year. 2

(1) Section 30 of the regulations is amended by (

a) striking out “within 7 years”; and (

b) adding “, and before September 15, 2023,” immediately after “submitted”.

(2) Section 30 of the regulations is further amended by redesignating it as subsection (1).

(3) Section 30 of the regulations is further amended by adding the following subsection immediately after subsection (1):

(2) A revised GHG report must not be submitted after September 15, 2023. 3

Section 31 of the regulations is amended by (

a) striking out “within 7 years”; and (

b) adding “, and before September 15, 2023,” immediately after “submitted”. 4 Subsection 32(1) of the regulations is amended by adding “before September 15, 2023,” immediately after “under

Section 30 or 31”. 5 Clause 33(2)(

b) of the regulations is amended by adding “in accordance with

Section 32” immediately after “GHG report”. 574

N.S. Reg. 162/2023 Royal Gazette

Part II - Regulations Vol. 47, No. 19 N.S. Reg. 162/2023 Made: September 12, 2023 Filed: September 12, 2023 Patient Access to Care Act

Definitions Regulations Order in Council 2023-250 dated September 12, 2023 Regulations made by the Governor in Council pursuant to

Section 8 of the Patient Access to Care Act The Governor in Council on the report and recommendation of the Minister of Health and Wellness dated July 12, 2023, and pursuant to

Section 8 of

Chapter 3 of the Acts of 2023, the Patient Access to Care Act, is pleased to make regulations respecting

definitions for the Patient Access to Care Act, in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after September 12, 2023.

Schedule “A” Regulations Respecting

Definitions for the Patient Access to Care Act made by the Governor in Council under

Section 8 of

Chapter 3 of the Acts of 2023, the Patient Access to Care Act Citation 1 These regulations may be cited as the Patient Access to Care Act

Definitions Regulations.

Definitions for regulations 2 In these regulations, “Act” means the Patient Access to Care Act; “jurisprudence examination” means any examination, assessment or learning module required by an authority that tests knowledge of applicable laws, standards of practice, ethical standards and other regulatory requirements of the authority.

Definitions for Act 3

(1) In the Act, “completed application” means an application that includes all information and documentation necessary for an authority to determine whether an applicant meets the requirements for registration and licensing, and includes information provided by a third party; “expanded scope of practice area” for a practitioner is further defined to mean those services that are prescribed in the regulations as an expanded scope of practice area and authorized by the authority for that practitioner; “in good standing” means the applicant meets all of the following criteria: (

i) they are not the subject of an outstanding complaint in any jurisdiction, (ii) they are not the subject of an outstanding disciplinary or remedial process in any jurisdiction, (iii) their practice is not prohibited by a suspension or revocation, 575

N.S. Reg. 162/2023 - 163/2023 Royal Gazette

Part II - Regulations Vol. 47, No. 19 (iv) their practice is not limited by any conditions, restrictions or other agreements in any jurisdiction, (

v) they have been assessed by the authority to have the capacity, competence and character to safely and ethically practise; “licensed” means a person is authorized by a regulatory body in another province or a prescribed jurisdiction to engage in a scope of practice equivalent to the scope of practice of the regulated health profession for which they are applying for registration and licensing; “training” means the services a practitioner is educated, competent and authorized by the authority to perform.

(2) In subsection 5(2) of the Act, “requirement” does not include any of the following: (

i) a jurisprudence examination; (ii) professional liability protection, malpractice insurance or other form of indemnity; (iii) language proficiency.

(3) In

Section 6 of the Act, “fee” means an application fee charged by an authority to process a first-time application to the authority, and includes jurisprudence examination costs charged by the authority but does not include any of the following: (

i) fees charged by a third party, (ii) fees for an individual assessment of competence, (iii) permit or certification fees for the practice of specified services, (iv) annual fees for registration, licensing, renewal or reinstatement. N.S. Reg. 163/2023 Made: September 12, 2023 Filed: September 12, 2023 Hospitals Regulations–amendment Order in Council 2023-251 dated September 12, 2023 Amendment to regulations made by the Governor in Council pursuant to

Section 17 of the Hospitals Act The Governor in Council on the report and recommendation of the Minister of Health and Wellness dated July 12, 2023, and pursuant to clauses 4(1)(

a) and 17(

b) of

Chapter 208 of the Revised Statutes of Nova Scotia, 1989, the Hospitals Act, is pleased, effective on and after September 12, 2023, to 576

N.S. Reg. 163/2023 - 164/2023 Royal Gazette

Part II - Regulations Vol. 47, No. 19 (

a) approve the Halifax Vision Surgical Centre as a hospital; and (

b) amend the Hospitals Regulations, N.S. Reg. 53/2015, made by the Governor in Council by Order in Council 2015-77 dated March 24, 2015, to add the Halifax Vision Surgical Centre to the list of approved hospitals, in the manner set forth in

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

Schedule “A” Amendment to the Hospitals Regulations made by the Governor in Council under

Section 17 of

Chapter 208 of the Revised Statutes of Nova Scotia, 1989, the Hospitals Act The Hospitals Regulations, N.S. Reg. 53/2015, made by the Governor in Council by Order in Council 2015-77 dated March 24, 2015, are amended by adding the following row to the table in

Schedule A— Approved Hospitals: Halifax Vision Surgical Centre 7105 Chebucto Road, Halifax N.S. Reg. 164/2023 Made: December 7, 2022 Approved: September 12, 2023 Filed: September 12, 2023 Crop Insurance Plan for Tree Fruit–amendment Order in Council 2023-252 dated September 12, 2023 Amendment to regulations made by the Nova Scotia Crop and Livestock Insurance Commission and approved by the Governor in Council pursuant to

Section 6 of the Crop and Livestock Insurance Act The Governor in Council on the report and recommendation of the Minister of Agriculture dated July 31, 2023, and pursuant to

Section 6 of

Chapter 113 of the Revised Statutes of Nova Scotia, 1989, the Crop and Livestock Insurance Act, is pleased to approve amendments made by the Nova Scotia Crop and Livestock Insurance Commission to the Crop Insurance Plan for Tree Fruit, N.S. Reg. 121/2003, made by the Nova Scotia Crop and Livestock Insurance Commission and approved by the Governor in Council by Order in Council 2003-268 dated June 20, 2003, to clarify provisions respecting harvest dates for apples, descriptions of bins used and other administrative amendments, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after September 12, 2023.

Schedule “A” Nova Scotia Crop and Livestock Insurance Commission I certify that the Nova Scotia Crop and Livestock Insurance Commission, at a meeting held December 7, 2022, passed a motion to amend the Crop Insurance Plan for Tree Fruit, N.S. Reg. 121/2003, approved by the Governor in Council by Order in Council 2003-268 dated June 20, 2003, in the manner set out in the attached. 577

N.S. Reg. 164/2023 Royal Gazette

Part II - Regulations Vol. 47, No. 19 The amendments to the regulations referred to above are effective on and after the date they are approved by the Governor in Council. Dated and signed at Truro, Nova Scotia, on June 20, 2023. Nova Scotia Crop and Livestock Insurance Commission Per: sgd. Peggy Weatherbee Peggy Weatherbee Director of Business Risk Management Amendment to the Crop Insurance Plan for Tree Fruit made by the Nova Scotia Crop and Livestock Insurance Commission under

Section 6 of

Chapter 113 of the Revised Statutes of Nova Scotia, 1989, the Crop and Livestock Insurance Act 1 Subsection 3(2) of the Crop Insurance Plan for Tree Fruit, N.S. Reg. 121/2003, approved by the Governor in Council by Order in Council 2003-268 dated June 20, 2003, is amended by (

a) striking out the semicolon at the end of clause (c); and (

b) repealing clauses (

d) and (e). 2

Section 4 of the regulations is amended by (

a) repealing subclauses (i)(

i) and (i)(ii) and substituting the following subclauses: (

i) for McIntosh variety apples, prior to October 13 in each crop year, (ii) for all pear varieties, prior to October 23 in each crop year, and (iii) for all apple varieties other than McIntosh, prior to November 6 in each crop year; (

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

j) and substituting a semicolon; and (

c) adding the following clause immediately after clause (j): (

k) pests. 3 Subsection 10(1) of the regulations is repealed and the following subsection substituted:

(1) An insured person must select 1 of the coverage levels offered by the Commission before the beginning of the crop year. 4 Subsection 11(1) of the regulations is repealed and the following subsection substituted:

(1) For each crop year, the Commission must establish price options for each insurable tree fruit crop. 5 Subsection 13(1) of the regulations is repealed and the following subsection substituted:

(1) For each crop year, the Commission must issue a production guarantee report to an insured person. 578

N.S. Reg. 164/2023 Royal Gazette

Part II - Regulations Vol. 47, No. 19 6

Section 14 of the regulation is amended by (

a) repealing subsection (2) and substituting the following subsection:

(2) The Commission, in consultation with an actuary, may adjust the base premium rate. (

b) repealing subsection (3); (

c) in subsection (4), striking out “subsections (1), (2) and (3)” and substituting “subsections (1) and (2)”; and (

d) in subsection (5), striking out “subsections (1), (2) and (3)” and substituting “subsections (1) and (2)”. 7 Subsection 19(1) of the regulations is repealed and the following subsection substituted:

(1) The final date for harvest in a crop year must be 1 of the following: (

a) November 6 for all varieties of apples; (

b) October 23 for all varieties of pears; (

c) September 30 for all varieties of peaches; (

d) a date determined by the Commission. 8 Subsection 26(4) is repealed and the following subsection substituted:

(4) Each pound of fresh or processing apples that is lost in storage and for which an insured person is eligible to make a claim pursuant to subsection (2) must be valued at 80% of its established price in the insured person’s production guarantee report. 579

Document details

CollectionNova Scotia — Gazette
CitationN.S. Reg. 156/2023
Date2023-09-22
Typegazette
Volume / chapterjust regulations rg2 2023 RG2 2023 09 22
Languageen
Formatpdf
SourcePROVINCIAL
Identifier3a579c4245ca068425a18911d81582a2e7c4906b

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