Summary Offence Tickets Regulations (N.S. Reg. 434/2008) (just regulations rg2 2008 de1908)

N.S. Reg. 434/2008

Nova Scotia — Gazette

© NS Registry of Regulations. Web version. 1059

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 32, No. 26 December 19, 2008 Contents Act Reg. No.

Page Housing Development Corporation Act D a y C a r e A s s i s t a n c e R e g u l a t i o n s ............................................ 442/2008 1080 Municipal Government Act Provincial Subdivision Regulations–amendment ................................. 440/2008 1076 Off-Highway Vehicles Act Off-Highway Vehicles Trails Designation–amendment ........................... 435/2008 1062 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 436/2008 1063 Prescribed Petroleum Products Prices ......................................... 439/2008 1074 Revenue Act R e v e n u e A c t R e g u l a t i o n s – a m e n d m e n t ........................................ 437/2008 1065

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 ..............................434/2008 1060 Wilderness Areas Protection Act Chignecto Isthmus Wilderness Area Designation ................................ 438/2008 1066 Youth Criminal Justice Act (Canada) Designation of Persons Who May Access Records ............................... 441/2008 1080 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. 434/2008 Royal Gazette

Part II - Regulations Vol. 32, No. 26 1060 © NS Registry of Regulations. Web version. N.S. Reg. 434/2008 Made: November 25, 2008 Filed: November 26, 2008

Summary Offence Tickets Regulations Order in Council 2008-616 dated November 25, 2008 Amendment to regulations made by the Minister of Justice and 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 October 3, 2008, and pursuant to

Section 8 of

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

Summary Proceedings Act, is pleased to amend

Schedule 4A of the

Summary Offence Tickets Regulations, N.S. Reg. 4/2001, made by the Governor in Council by Order in Council 2001-21 dated January 18, 2001, to include offences respecting the Alcohol Ignition Interlock Program Regulations as

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

Schedule “A” attached to and forming part of the report and recommendation, effective on and after November 25, 2008. Order I, Cecil P. Clarke, 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 the offences 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”. Dated and made October 3, 2008, at Halifax, Halifax Regional Municipality, Province of Nova Scotia. Sgd.: Cecil P. Clarke Honourable Cecil P. Clarke 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

Schedule 4A of the

Summary Offence Tickets Regulations, N.S. Reg. 4/2001, made by the Governor in Council by Order in Council 2001-21 dated January 18, 2001, is amended by adding the following heading and items immediately before the heading “Commercial Vehicle Driver’s Hours of Work Regulations”:

N.S. Reg. 434/2008 Royal Gazette

Part II - Regulations Vol. 32, No. 26 © NS Registry of Regulations. Web version. 1061 Alcohol Ignition Interlock Program Regulations 1. Interlock license holder tampering with approved device or operating equipped vehicle that has been tampered with passenger vehicle commercial vehicle 24(1)(

a) G J 2. Failing to take equipped ve hicle or approved device for scheduled inspection passenger vehicle commercial vehicle 24(1)(

b) G J 3. Soliciting breath sample while in control of equipped vehicle to start equipped vehicle or keep equipped vehicle in motion passenger vehicle commercial vehicle 24(1)(

c) G J 4. Knowingly assisting interlock license holder to start equipped vehicle while interlock license holder in control of equipped vehicle passenger vehicle commercial vehicle 24(2)(

a) G J 5. Knowingly assisting interlock license holder to keep equipped vehicle in motion while interlock license holder in control of equipped vehicle passenger vehicle commercial vehicle 24(2)(

b) G J 6. Knowingly assisting interlock license holder to tamper with approved device passenger vehicle commercial vehicle 24(2)(

c) G J 7. Allowing interlock license holder to operate vehicle other than equipped vehicle specified for interlock license passenger vehicle commercial vehicle 24(3) G J

N.S. Reg. 435/2008 Royal Gazette

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Reg. 435/2008 Made: November 26, 2008 Filed: December 2, 2008 Off-Highway Vehicles Trails Designation Order dated November 26, 2008 Amendment made by the Minister of Natural Resources pursuant to subsection 12D(1) of the Off-Highway Vehicles Act Amendment Off-Highway Vehicles Designated Trails made under subsection 12D(1) of the Off-Highway Vehicles Act R.S.N.S. 1989, c. 323 I hereby amend the designation of snow vehicle trails on lands under the administration of the Minister of Natural Resources at various locations in the Province of Nova Scotia, made February 19, 2007, by striking out “December 1” and substituting “December 15”.

Dated at Halifax, Halifax Regional Municipality, Nova Scotia, November 26, 2008. Sgd.: David Morse The Honourable David M. Morse Minister of Natural Resources

N.S. Reg. 436/2008 Royal Gazette

Part II - Regulations Vol. 32, No. 26 © NS Registry of Regulations. Web version. 1063 N.S. Reg. 436/2008 Made: November 27, 2008 Filed: December 2, 2008 Prescribed Petroleum Products Prices Order dated November 27, 2008 made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 14 of the Petroleum Products Pricing Act In the Matter of

Section 14 of

Chapter 11 of the Acts of 2005 the Petroleum Products Pricing Act - and - In the Matter of Sections 14 to 18 of the Petroleum Products Pricing Regulations made by the Governor in Council pursuant to

Section 14 of the Petroleum Products Pricing Act - and - In the Matter of an Order Prescribing Prices for Petroleum Products made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 14 to 18 of the Petroleum Products Pricing Regulations Order I, Jamie Muir, Minister of Service Nova Scotia and Municipal Relations for the Province of Nova Scotia, pursuant to

Section 14 of

Chapter 11 of the Acts of 2005, the Petroleum Products Pricing Act, and Sections 14 to 18 of the Petroleum Products Pricing Regulations, hereby (

a) repeal the Order dated November 20, 2008, which prescribed prices November 21, 2008; and (

b) prescribe prices for petroleum products in the Pr ovince as set forth in the tables in

Schedule “A”. This Order is effective on and after 12:01 a.m. on November 28, 2008. Made at Halifax, in the Halifax Regional Municipality, Nova Scotia, on November 27, 2008. Sgd.: Jamie Muir Honourable Jamie Muir Minister of Service Nova Scotia and Municipal Relations

N.S. Reg. 436/2008 Royal Gazette

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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 November 28, 2008 Table 1: Benchmark Prices for Regulated Petroleum Products (cents/litre) Regular unleaded gasoline 37.1 Mid-grade unleaded gasoline 40.1 Premium unleaded gasoline 43.1 Ultra-low-sulfur diesel oil 57.1 Table 2: Fixed Wholesale Prices, Retail Mark-ups and Retail Prices for Regulated Petroleum Products (cents/litre) Retail Mark-up Retail Price (includes all taxes) Self-Service Full-Service Self-Service Full-Service Fixed Wholesale Price (excludes GST) Min Max Min Max Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 68.9 71.9 74.9 82.8 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 82.4 85.8 89.2 98.1 84.1 87.5 90.9 99.8 82.4 85.8 89.2 98.1 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 69.3 72.3 75.3 83.2 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 82.8 86.2 89.6 98.5 84.5 87.9 91.3 100.2 82.8 86.2 89.6 98.5 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 69.8 72.8 75.8 83.7 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 83.4 86.8 90.2 99.1 85.1 88.5 91.9 100.8 83.4 86.8 90.2 99.1 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 69.8 72.8 75.8 83.7 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 83.4 86.8 90.2 99.1 85.1 88.5 91.9 100.8 83.4 86.8 90.2 99.1 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 69.8 72.8 75.8 83.7 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 83.4 86.8 90.2 99.1 85.1 88.5 91.9 100.8 83.4 86.8 90.2 99.1 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 70.6 73.6 76.6 84.5 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 84.3 87.7 91.1 100.0 86.0 89.4 92.8 101.7 84.3 87.7 91.1 100.0 999.9 999.9 999.9 999.9

N.S. Reg. 437/2008 Royal Gazette

Part II - Regulations Vol. 32, No. 26 © NS Registry of Regulations. Web version. 1065 N.S. Reg. 437/2008 Made: December 2, 2008 Filed: December 2, 2008 Revenue Act Regulations Order in Council 2008-624 dated December 2, 2008 Amendment to regulations made by the Governor in Council pursuant to

Section 12 of the Revenue Act The Governor in Council on the report and recommendation of the Minister of Finance dated November 14, 2008, and pursuant to

Section 12 of

Chapter 17 of the Acts of 1995-96, the Revenue Act, is pleased to amend the Revenue Act Regulations, N.S. Reg. 63/96, made by the Governor in Council by Order in Council 96-230 dated March 29, 1996, to provide for refunds of fuel taxes paid by organizations funded under the Community Transportation Assistance Program and by volunteer fire departments in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on, from and after December 2, 2008.

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

Section 12 of

Chapter 17 of the Acts of 1995-96, the Revenue Act 1

Section 5 of the Revenue Act Regulations, N.S. Reg. 63/96, made by the Governor in Council by Order in Council 96-230 dated March 29, 1996, is amended by (

a) adding the following clause immediately after clause (g): (ga) “Community Transportation Assistance Pr ogram” means the community-based inclusive transportation services program administered by the Department of Service Nova Scotia and Municipal Relations; (

b) adding the following clause immediately after clause (k): (ka) “Fire Marshal” means the person designated as the Fire Marshal under subsection 9(2) of the Fire Safety Act; (

c) adding the following clause immediately after clause (w): (wa) “volunteer fire department” means a fire de partment that the Fire Marshal recognizes as a volunteer fire department; 2 Subsection 23(1) of the regulations is amended by (

a) striking out “or” at the end of clause (k); and (

b) adding the following clauses immediately after clause (l): (

m) on or after April 29, 2008, to operate motor vehicles and equipment owned by a volunteer fire department; or (

n) on or after April 29, 2008, to operate motor vehicles and equipment owned by an organization funded under the Community Transportation Assistance Program.

N.S. Reg. 438/2008 Royal Gazette

Part II - Regulations Vol. 32, No. 26 1066 © NS Registry of Regulations. Web version. N.S. Reg. 438/2008 Made: November 7, 2008 Approved: December 2, 2008 Filed: December 2, 2008 Chignecto Isthmus Wilderness Area Designation Order in Council 2008-628 dated December 2, 2008 Designation made by the Minister of Environment and approved by the Governor in Council pursuant to

Section 11 of the Wilderness Areas Protection Act The Governor in Council on the report and recommendation of the Minister of Environment dated November 7, 2008, and pursuant to

Section 11 of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act, is pleased to approve the designation by the Minister of Environment of a wilderness area which shall be known as the Chignecto Isthmus Wilderness Area, in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after December 2, 2008.

Schedule “A” In the matter of

Section 11 of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act - and - In the matter of the designation of a wilderness area near Tyndal Road, Cumberland County to be known as Chignecto Isthmus Wilderness Area I, Mark Parent, Minister of Environment for the Province of Nova Scotia, pursuant to subsection 11(3) of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act, hereby designate an area of land as described in

Schedule A to be known as the Chignecto Isthmus Wilderness Area, the approximate boundary of which is shown on the map attached as

Schedule B. The written consent to the designation of these lands has been granted by the owner, the Town of Amherst, on the terms and conditions set out in

Schedule C. A copy of the written consent has been filed with the Department of Environment. This designation is effective on and after the date of its approval by the Governor in Council. Dated and made at Halifax Regional Municipality, Province of Nova Scotia, November 7, 2008 Sgd.: Mark Parent Honourable Mark Parent Minister of Environment

N.S. Reg. 438/2008 Royal Gazette

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Schedule A List and Description of Lands Owned by the Town of Amherst and Included in the Designation of the Chignecto Isthmus Wilderness Area pursuant to subsection 11(3) of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act

Part 1 of 2: List of Lands by Property [Parcel] Identification Number (PID) Owned by the Town of Amherst and Included in the Designation of the Chignecto Isthmus Wilderness Area Property 1 PID 25076167 173 hectares PID 25332966 53 hectares PID 25332974 40 hectares Property 2 PID 25332958 98 hectares Property 3 PID 25330028 57 hectares PID 25330523 104 hectares Property 4 PID 25098864 12 hectares Property 5 PID 25361585 76 hectares Property 6 PID 25098815 360 hectares

Part 2 of 2: Description of Lands Owned by the Town of Amherst and Included in the Designation of the Chignecto Isthmus Wilderness Area Parcel A Parcel A is Zone I of the North Tyndal Protected Water Area, as described below, as well as all that certain lot of land being situate on the northwesterly side of lands of the Chignecto Ship Railway Company Limited where said Railway lands form a northwesterly boundary of Zone I of the North Tyndal Protected Water Area in Cumberland County, Nova Scotia and shown on a Plan of Survey of said Zone I prepared by Walter C.

Rayworth, N.S.L.S. dated June 15th, 1992, the said lot of land being more particularly described as follows: (Directions in the following are oriented to the Nova Scotia Co-ordinate Grid 3 deg. MTM Zone 5 Central Meridian 64 deg. 30 min. West Longitude.) Beginning at a survey marker (shown on the said plan as No. 466) at the intersection of the northwesterly bounds of the land of the Chignecto Ship Railway Company Limited and the southwesterly bounds of lands formerly deeded to Claude Porter (deed recorded in the Cumberland Land Registry Office in Book 221 at Page 277);

N.S. Reg. 438/2008 Royal Gazette

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Thence from the place of beginning 228 deg. 43 min. 03 sec. a distance of 477.261 metres along the said northwesterly bounds of the lands of the Chignecto Ship Railway Company Limited to a survey marker (shown on the said plan as No. 467); Thence 31 deg. 30 min. along the southeasterly bounds of lands formerly deeded to Claude and Audrey Porter (deed recorded in Book 507 at Page 1079) and along Crown Land (conveyed to the Crown by Crown Document No. 492) and again along the said lands formerly of Claude and Audrey Porter a total distance of 456.326 metres to a survey marker (shown on the said plan as No. 463); Thence 121 deg. 41 min. 00 sec. a distance of 141.27 metres along the aforesaid bounds of lands formerly of Claude Porter to the place of beginning; The above described lot of land containing 3.223 hectares and being the “Second” lot of land deeded to the Town of Amherst by deed recorded in Book 611 at Page 710; and Being and intended to be that portion of Property [Parcel] Identification Number (PID) 25332958 which is not included in the aforementioned Zone 1 of the North Tyndal Protected Water Area.

Zone I of the North Tyndal Protected Water Area (portion of Parcel

A) Exterior Boundary Shown as Zone 1 on a Sketch Showing The North Tyndal Protected Water Area prepared by Rayworth & Roberts Surveys Ltd., dated August 19, A.D., 1992. (Directions in the following are oriented to the N.S. Co-ordinate Grid, 3o MTM Zone 5 Central Meridian 64o 30' West Longitude.) Beginning at a survey marker on the westerly bounds of Highway Route No. 366 (the Tyndal Road), said marker being 22o 56' 24" a distance of 1053.193 metres from N.S. Co-ordinate Monument #13380; Thence 297o 44' 15" a distance of 433.279 metres along the northeasterly sideline of lands of J.D.

Irving Ltd. deed recorded Book 222 Page 135 (first parcel) to a survey marker; Thence 210o 18' 40" a distance of 629.395 metres along the westerly or rear bounds of said Irving property, (said boundary being known as “The Town Line”), to a survey marker; Thence 301o 51' 10" a distance of 1137.512 metres along the northerly sideline of lands of J.D.

Irving Ltd. deed recorded Book 200 Page 442 (2nd Parcel), (said sideline lying next to and easterly of the Irving Access Road running from the Tyndal Road to Long Lake), to a survey marker; Thence 301o 50' 08" a distance of 1143.248 metres along said Irving property and said Access Road to a survey marker; Thence 31o 30' 00" a distance of 797.041 metres along the southeasterly boundary of Crown land and lands of Claude and Audrey Porter to a survey marker; Thence 48o 43' 03" a distance of 1796.247 metres along the southerly bounds of lands of the Chignecto Ship Railway Company Limited to a survey marker;

N.S. Reg. 438/2008 Royal Gazette

Part II - Regulations Vol. 32, No. 26 © NS Registry of Regulations. Web version. 1069 Thence 119o 32' 55" a distance of 718.401 metres along the southerly sideline of the lands of George and Minerva Holton to a survey marker on the Spectacle Plain; Thence 30o 48' 21" a distance of 42.457 metres along the easterly bounds of said Holton property to a second survey marker on the Spectacle Plain; Thence 121o 16' 38" a distance of 530.409 metres along the southerly sideline of the lands of Walter E.

Curry to a survey marker; Thence 122o 32' 50" a distance of 267.585 metres along said Curry sideline to a survey marker; Thence 123o 52' 00" a distance of 167.72 metres along said Curry sideline to a survey marker; Thence 30o 41' 00" a distance of 141.68 metres along the easterly bounds of said Walter E.

Curry land, following The Town Line to a survey marker; Thence 26o 35' 00" a distance of 71.90 metres along the easterly bounds of lands of Barbara Hashey, following The Town Line to a survey marker; Thence 21o 22' 00" a distance of 70.148 metres along the easterly bounds of lands of the Town of Amherst, following The Town Line to a survey marker; Thence 25o 34' a distance of 92.798 metres along the easterly bounds of property of Douglas and Goldie Thompson, following The Town Line to a survey marker; Thence 117o 35' 26" a distance of 275.969 metres following a blazed line crossing lands of J.D.

Irving Ltd. deed recorded Book 496 Page 521 to a survey marker; Thence southwesterly following the westerly bounds of the Tyndal Road a calculated tie line bearing and distance of 205o 35' 23" 2331.828 metres to the place of beginning.

Parcel B Parcel B is land acquired from Kimberly Clark Worldwide, Inc. by the Town of Amherst and more particularly described as follows: All and singular that certain lot, piece or parcel of land situate, lying and being northwest of Highway No. 366 and northeast of Round Lake, in the Tyndal Marsh, in the County of Cumberland, Province of Nova Scotia, said parcel being more particularly described as follows: Beginning at a northeast corner of the herein described parcel, which point being marked by survey marker no. 2617; Thence on a bearing of North 35 degrees, 15 minutes West (Mag. 1974), a distance of 57.27 chains, along the Southwest boundary of land, now or formerly, of William Nicolle, to survey marker no. 2611 in the Southeast boundary of the abandoned Ship Railway; Thence northeasterly, crossing the said abandoned Ship Railway, to survey marker no. 2612 in the northwest boundary of the said Railway, which marker being on a bearing of North 63 degrees, 20 minutes East (Mag. 1974), a distance of 13.75 chains from the last mentioned survey marker;

N.S. Reg. 438/2008 Royal Gazette

Part II - Regulations Vol. 32, No. 26 1070 © NS Registry of Regulations. Web version. Thence on a bearing of North 37 degrees, 45 minutes West (Mag. 1974), a distance of 114.45 chains, along the Southwest boundary of land, now or formerly, of Bragg Lumber Co.

Ltd., to a survey marker no. 2613; Thence on a bearing of South 53 degrees, 10 minutes West (Mag. 1974), a distance of 41.92 chains, along the Middle Road Baseline, so-called, to survey marker no. 2614; Thence on a bearing of South 51 degrees, 00 minutes West (Mag. 1974), a distance of 18.95 chains, along the said Baseline, to survey marker no. 2621; Thence on a bearing of South 34 degrees, 50 minutes East (Mag. 1974), a distance of 120.30 chains, along the northeast boundary of land, now or formerly, of Eldon Goodwin and land of Roderick Davidson, respectively, and crossing the abovementioned abandoned Ship Railway, to survey marker no. 2620; Thence on a bearing of North 52 degrees, 20 minutes East (Mag. 1974), a distance of 23.04 chains, along the northwest boundary of land, now or formerly, of Douglas and Goldie Thompson, to survey marker no. 2619; Thence on a bearing of South 34 degrees, 05 minutes East (Mag. 1974), a distance of 49.95 chains, along the northeast boundary of land of the said Thompsons, to survey marker no. 2618; Thence on a bearing of North 50 degrees, 00 minutes East (Mag. 1974), a distance of 30.83 chains, along the northwest boundary of land, now or formerly, of J.D.

Irving Limited, to the point of beginning; An area containing 890 acres, more or less; Saving and excepting from the above described parcel all land now or formerly being owned by The Chignecto Ship Railway Company Limited; Being and intended to be the portion of the land as acquired by Scott Paper Company from A.E.

Mundle & Company Limited (In Liquidation) by an Indenture dated February 11, 1969 and recorded in the Office of the Registrar of Deeds for Cumberland County in Book 256, at Page 537; Also being and intended to be portion of the land owned by Scott Worldwide, Inc. at the time of a merger into Kimberly-Clark Worldwide, Inc., as evidenced by a certificate of Agreement of Merger dated November 19, 1996 and as recorded in the Office of the Registrar of Deeds for Cumberland County on February 17, 1997, in Book 660, at Page 167.

N.S. Reg. 438/2008 Royal Gazette

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Schedule B Map Showing Approximate Boundaries of Chignecto Isthmus Wilderness Area

N.S. Reg. 438/2008 Royal Gazette

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Schedule C Terms and Conditions of the Consent by the Town of Amherst to the Designation of Certain Lands Owned by the Town of Amherst as the Chignecto Isthmus Wilderness Area pursuant to subsection 11(3) of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act 1. The consent of the Town of Amherst (“the Town”) to the designation of lands under the Wilderness Areas Protection Act is granted only for the properties described in

Schedule A (the “designated Town lands”), and referenced by Property [Parcel] Identification Numbers (PIDs): PID 25076167 PID 25332966 PID 25332974 PID 25332958 PID 25330028 PID 25330523 PID 25098864 PID 25361585 PID 25098815 2. The Town’s consent is subject to the provisions of the North Tyndal Protected Water Area designation and regulations, N.S. Reg. 200/92, made under subsections 106(5) and (6) of the Environment Act, S.N.S. 1994-95, c. 1, and any amendments to those regulations, which prohibit or regulate certain activities in the North Tyndal Protected Water Area.

Furthermore, for greater certainty, the provisions of the aforementioned regulations will continue to apply on the Town lands, even where activities so prohibited or regulated would otherwise be permitted under the Wilderness Areas Protection Act. 2A.

The Town’s consent is granted for a period of five (5) years beginning on July 1, 2008, and shall be automatically renewed on July 1, 2013, for a further five (5) year period, and on July 1, 2018 shall be automatically granted in perpetuity, unless, at least 180 days prior to a renewal date, the Town provides notice in writing to the Minister that it intends to revoke its consent respecting some or all of the designated Town lands, or wishes to renegotiate the terms and conditions of its consent respecting some or all of the designated Town lands.

The Town’s consent is granted under the further condition that, in the event that the Town gives timely notice prior to one of the two renewal dates that it intends to revoke its consent respecting some or all of the designated Town lands, the Minister of Environment (“Minister”) will undertake the actions necessary under the Wilderness Area Protection Act to revoke the designation within a reasonable time. 3A. The Town reserves the right to decide, at any time, whether and to what extent

i) regulations made pursuant to

Section 39 of the Wilderness Areas Protection Act shall apply to the designated Town lands; ii) management plans made pursuant to

Section 15 of the Wilderness Areas Protection Act shall apply to the designated Town lands; and iii) activities authorized under Sections 19, 20, 21, 22, 23, 24, and 26 of the Wilderness Areas Protection Act shall apply to or be permitted to occur on the designated Town lands.

N.S. Reg. 438/2008 Royal Gazette

Part II - Regulations Vol. 32, No. 26 © NS Registry of Regulations. Web version. 1073 3B. To exercise the right reserved in

Section 3A of this Schedule, the Town shall provide written notice to the Minister requesting that a regulation or management plan or provision thereof not apply to, or an activity otherwise permitted to occur under the Wilderness Areas Protection Act not be permitted to occur on, the designated Town lands. Upon receipt of said notice, the Minister shall take all necessary steps to ensure the Town’s request is granted within a reasonable period of time.

Where such a request has been previously granted, the Town may at any time, by providing written notice to the Minister, request that its earlier request be revoked, and the Minister shall take all necessary steps to ensure the Town’s earlier request is revoked within a reasonable period of time. 3C.

In the absence of the Minister receiving expr ess written notice from the Town, any aforementioned regulation or activity shall apply to or be allowed to occur on the designated Town lands in the same manner as in other wilderness areas designated under the Act, and any management plan completed for the Chignecto Isthmus Wilderness Area shall apply to the designated Town lands in the same manner as to the remainder of the Chignecto Isthmus Wilderness Area. 3D. The Minister shall provide written notice to the To wn of any regulations made or intended to be made pursuant to

Section 39 and management plans made or intended to be made pursuant to

Section 15 of the Wilderness Areas Protection Act. Any such regulations or management plans shall take effect on the designated Town lands 180 days following the provision of such notice, except where the Town provides its written consent to an earlier application date, or the Town provides written notice of its objection to the application of these regulations or management plans to some or all of the designated Town lands. 4.

Notwithstanding anything in the Act, but subject to any other applicable statute or regulation, the Town reserves the right to undertake on the designated Town lands such activities and developments as are reasonably necessary for the development, operation, maintenance, expansion, restoration, repair, or dismantling of the Town’s municipal water supply, including, but not limited to, the expansion of water production, distribution, and treatment capacity through the building of new access roads, drilling of new wells, and construction or installation of any necessary associated infrastructure.

Prior to exercising any of the above-mentioned rights, the Town agrees to inform and consult with the Minister regarding its intentions for the designated Town lands. 5. The Town may post signs at intervals along the boundary of the designated Town lands as required to enable the Town to meet its obligations under the Environment Act with respect to the North Tyndal Protected Water Area. 6. The Town may blaze the zone boundaries of the North Tyndal Protected Water Area as necessary to maintain the boundaries, including marking, blazing and cutting of trees. 7.

The Town may carry out such activities on the desi gnated Town lands as are required in a waterworks- related emergency situation, in order to fulfill their obligations as waterworks operator, provided that care is taken to have the least environmental impact possible in the circumstances and that efforts are made to inform and consult with the Minister as soon as possible. 8.

The Town may use motorized and non-motorized vehicles, including all-terrain vehicles (ATVs), snowmobiles, and bicycles, on existing and future roadways on the designated Town lands, for the purpose of maintaining and protecting the North Tyndal Protected Water Area and for exercising the rights reserved in Sections 4, 5, 6, and 7 of this Schedule. 9. The Town reserves the right to disallow public access to the designated Town lands for any reason, including, but not limited to, concerns regarding the health and safety of people or the water supply,

N.S. Reg. 438/2008 - 439/2008 Royal Gazette

Part II - Regulations Vol. 32, No. 26 1074 © NS Registry of Regulations. Web version. wildlife, forests, watercourses, or occupiers’ liability, and undertakes to provide public notice thereof through erection of signage, fencing, or other appropriate means. 10.

The Town hereby agrees to at all times indemnify a nd save harmless Her Majesty the Queen in right of the Province of Nova Scotia and the Minister from and against all claims, demands, losses, costs, debts, damages, actions, suits, or other proceedings by whomever made, sustained, brought, or prosecuted in any manner based upon, occasioned by, arising out of, or attributable in any way to the performance or purported performance of the Town, its servants, agents, or independent contractors, of the Town’s obligations and activities to protect and maintain the North Tyndal Protected Water Area. 11.

The Town’s consent is granted on the condition that the Province shall at all times indemnify and save harmless the Town from and against all claims, demands, losses, costs, debts, damages, actions, suits, or other proceedings by whomever made, sustained, brought, or prosecuted in any manner based upon, occasioned by, arising out of, or attributable in any way to the performance or purported performance of the Province, its servants, agents, or independent contractors of the Province’s obligations and activities to protect and manage the Chignecto Isthmus Wilderness Area. N.S.

Reg. 439/2008 Made: December 4, 2008 Filed: December 8, 2008 Prescribed Petroleum Products Prices Order dated December 4, 2008 made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 14 of the Petroleum Products Pricing Act In the Matter of

Section 14 of

Chapter 11 of the Acts of 2005 the Petroleum Products Pricing Act - and - In the Matter of Sections 14 to 18 of the Petroleum Products Pricing Regulations made by the Governor in Council pursuant to

Section 14 of the Petroleum Products Pricing Act - and - In the Matter of an Order Prescribing Prices for Petroleum Products made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 14 to 18 of the Petroleum Products Pricing Regulations Order I, Jamie Muir, Minister of Service Nova Scotia and Municipal Relations for the Province of Nova Scotia, pursuant to

Section 14 of

Chapter 11 of the Acts of 2005, the Petroleum Products Pricing Act, and Sections 14 to 18 of the Petroleum Products Pricing Regulations, hereby (

a) repeal the Order dated November 27, 2008, which prescribed prices November 21 [28], 2008; and

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b) prescribe prices for petroleum products in the Pr ovince as set forth in the tables in

Schedule “A”. This Order is effective on and after 12:01 a.m. on December 5, 2008. Made at Halifax, in the Halifax Regional Municipality, Nova Scotia, on December 4, 2008. Sgd.: Jamie Muir Honourable Jamie Muir Minister of Service Nova Scotia and Municipal Relations

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 December 5, 2008 Table 1: Benchmark Prices for Regulated Petroleum Products (cents/litre) Regular unleaded gasoline 33.9 Mid-grade unleaded gasoline 36.9 Premium unleaded gasoline 39.9 Ultra-low-sulfur diesel oil 54.0 Table 2: Fixed Wholesale Prices, Retail Mark-ups and Retail Prices for Regulated Petroleum Products (cents/litre) Retail Mark-up Retail Price (includes all taxes) Self-Service Full-Service Self-Service Full-Service Fixed Wholesale Price (excludes GST) Min Max Min Max Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 65.7 68.7 71.7 79.7 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 78.8 82.2 85.5 94.6 80.5 83.8 87.2 96.3 78.8 82.2 85.5 94.6 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 66.1 69.1 72.1 80.1 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 79.2 82.6 86.0 95.0 80.9 84.3 87.7 96.7 79.2 82.6 86.0 95.0 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 66.6 69.6 72.6 80.6 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 79.8 83.2 86.6 95.6 81.5 84.9 88.3 97.3 79.8 83.2 86.6 95.6 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 66.6 69.6 72.6 80.6 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 79.8 83.2 86.6 95.6 81.5 84.9 88.3 97.3 79.8 83.2 86.6 95.6 999.9 999.9 999.9 999.9

N.S. Reg. 439/2008 - 440/2008 Royal Gazette

Part II - Regulations Vol. 32, No. 26 1076 © NS Registry of Regulations. Web version. Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 66.6 69.6 72.6 80.6 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 79.8 83.2 86.6 95.6 81.5 84.9 88.3 97.3 79.8 83.2 86.6 95.6 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 67.4 70.4 73.4 81.4 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 80.7 84.1 87.5 96.5 82.4 85.8 89.2 98.2 80.7 84.1 87.5 96.5 999.9 999.9 999.9 999.9 N.S.

Reg. 440/2008 Made: December 4, 2008 Filed: December 8, 2008 Provincial Subdivision Regulations Order dated December 4, 2008 Amendment to regulations made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 270 of the Municipal Government Act In the matter of

Section 270 of the Municipal Government Act - and - In the matter of an amendment to the Provincial Subdivision Regulations Order I, Jamie Muir, Minister of Service Nova Scotia and Municipal Relations, pursuant to

Section 270 of

Chapter 18 of the Acts of 1998, the Municipal Government Act, hereby amend the Provincial Subdivision Regulations, N.S. Reg. 38/99, made by the Minister of Housing and Municipal Affairs on April 1, 1999, in the manner set forth in the attached

Schedule “A”, effective on and after the date of this order. Made at Halifax, Nova Scotia on Dec. 4, 2008. Sgd.: Jamie Muir Honourable Jamie Muir Minister of Service Nova Scotia and Municipal Relations

Schedule “A” Amendment to the Provincial Subdivision Regulations made by the Minister of Service Nova Scotia and Municipal Relations under

Section 270 of

Chapter 18 of the Acts of 1998, the Municipal Government Act 1

Section 2 of the Provincial Subdivision Regulations, N.S. Reg. 38/99, made by Order of the Minister of Housing and Municipal Affairs dated April 1, 1999, is amended by

N.S. Reg. 440/2008 Royal Gazette

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a) adding the following clause immediately after clause (h): (ha) “public street” means a municipal public street or a provincial public street; (

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

l) and substituting an [a] semicolon and adding the following clause immediately after clause (l): (m) “unmaintained public street” means any public street that is not maintained by the Department of Transportation and Infrastructure Renewal or the municipality that owns it; 2

(1) Section 3 of the regulations is renumbered as subsection 3(1).

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

(2) Despite the definition of “private road”, a private road that must cross an unmaintained public street to extend to and have access to a public street may be treated as a continuous private road for the purposes of subsection (1), if the owner has a permit to cross the unmaintained public street that is issued by the Department of Transportation and Infrastructure Renewal or the municipality and is assignable and has no fixed duration. 3 Clause 4(

b) of the regulations is amended by (

a) striking out “clauses 3(

c) and (d)” and substituting “clauses 3(1)(

c) and (d)”; and (

b) striking out “10,”. 4 Subsection 6(2) of the regulations is amended by adding “or private road” immediately after “public street”. 5

Section 14 of the regulations is repeal ed and the following

Section substituted: 14 A proposed lot that abuts a public street shall have any access to the public street approved by the authority having jurisdiction for the public street, based on adequate stopping sight distance as determined by the authority having jurisdiction. 6 Clause 23(

c) of the regulations is amended by (

a) striking out “the” and substituting “any”; and (

b) adding “within 500 metres of the boundary of the proposed lots” immediately after “streets”. 7 Subsection 39(8) of the regulations is repealed. 8 Clause 42(

c) of the regulations is amended by (

a) striking out “the” and substituting “any”; and (

b) adding “within 500 metres of the boundary of the proposed lots” immediately after “streets”. 9 Subsection 49(7) of the regulations is amended by (

a) striking out “may” and substituting “must”; and

N.S. Reg. 440/2008 Royal Gazette

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b) adding “or by the authority having jurisdiction for the public streets abutting the lot” immediately after “Nova Scotia Land Surveyor”. 10

(1) Section 52 of the regulations is amended by striking out “preliminary” and substituting “final”.

(2) Clause 52(

c) of the regulations is amended by (

a) striking out “the” and substituting “any”; and (

b) adding “within 500 metres of the boundary of the proposed lots” immediately after “streets”. 11 Clause 62(

a) of the regulations is amended by st riking out “one (1) approved copy” and substituting “two (2) approved copies”. 12 Clause 76(

a) of the regulations is amended by st riking out “one (1) approved copy” and substituting “two (2) approved copies”. 13

Section 78 of the regulations is amended by stri king out “Schedule “E”” and substituting “Schedule “E1” or “E2””. 14

(1) Section 79 of the regulations is renumbered as subsection 79(1). (2) Subsection 79(1) of the regulations is amended by striking out “The notification” and substituting “Except as provided in subsection (2), the notification”.

(3) Section 79 of the regulations is further ame nded by adding the following subsection immediately after subsection (1):

(2) The notification and approval provisions of the Act do not apply to a repeal of a plan of subdivision or instrument of subdivision that consolidates 2 or more parcels and for which no deed to effect the consolidation has been registered in the Registry of Deeds or Land Registration Office, if the applicant certifies that to the applicant’s knowledge no deed to effect the consolidation exists. 15

Schedule “E” of the regulations is redesignated as

Schedule “E1”. 16 The regulations are amended by adding the attach ed

Schedule “E2” immediately after

Schedule “E1”.

N.S. Reg. 440/2008 Royal Gazette

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SCHEDULE “E2” APPLICATION FOR REPEAL OF A SUBDIVISION TO CONSOLIDATE TWO OR MORE PARCELS (subsection 79(2) of the Provincial Subdivision Regulations) Plan of Subdivision: [ ] or Instrument of Subdivision: [ ] APPLICANT-RELATED INFORMATION Name of land owner(s): Phone: Address: Postal Code: Documents to be returned to: Correspondence to be directed to: SUBDIVISION-RELATED INFORMATION Name of applicant for subdivision approval: Location of subdivision: The subdivision was approved on _______________ (day/month/year), and filed in the Registry of Deeds at ___________________, in the Municipality of ________________, in the County of ______________________ as #_____________________.

Lot(s)# , were approved and repeal is sought for lot(s) # . Registration fee submitted: [ ] CERTIFICATION OF FACTS (Reason for repeal) (If more space is required, attach an additional sheet.) OWNER’S CERTIFICATE I certify that the information is [in] this application is true and complete and to my knowledge no deed to effect the consolidation of the lots mentioned exists. (print name) (signature of owner/agent) (date)

N.S. Reg. 441/2008 - 442/20008 Royal Gazette

Part II - Regulations Vol. 32, No. 26 1080 © NS Registry of Regulations. Web version. N.S. Reg. 441/2008 Made: December 9, 2008 Filed: December 9, 2008 Designation of Persons Who May Access Records Order in Council 2008-636 dated December 9, 2008 Designation made by the Governor in Council pursuant to clause 119(1)(

r) of the Youth Criminal Justice Act (Canada) The Governor in Council on the report and recommendation of the Minister of Justice dated November 14, 2008, and pursuant to paragraph 119(1)(

r) of

Chapter 1 of the Statutes of Canada, 2002, the Youth Criminal Justice Act, is pleased to designate persons engaged in a research project entitled “Gang Activity in the Halifax Regional Municipality” as persons or a class of persons who shall have access to records kept under

section 114 and may have access to records kept under sections 115 and 116 of the Youth Criminal Justice Act (Canada), to the extent and in the manner set out in the research agreement between the Province of Nova Scotia and Marshall Consulting, effective on and after December 9, 2008. N.S. Reg. 442/2008 Made: December 9, 2008 Filed: December 9, 2008 Day Care Assistance Regulations Order in Council 2008-638 dated December 9, 2008 Regulations made by the Governor in Council pursuant to

Section 13 of the Housing Development Corporation Act The Governor in Council on the report and recommendation of the Minister of Community Services dated November 18, 2008, and pursuant to

Section 13 of

Chapter 213 of the Revised Statutes of Nova Scotia, 1989, the Housing Development Corporation Act, is pleased to make regulations respecting financial assistance to a person holding a valid licence to operate a facility providing day care under the Day Care Act in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after December 9, 2008.

Schedule “A” Regulations Respecting Financial Assistance to Operators of Licensed Day Care Facilities made by the Governor in Council pursuant to

Section 13 of

Chapter 213 of the Revised Statutes of Nova Scotia, 1989, the Housing Development Corporation Act Citation 1 These regulations may be cited as the Day Care Assistance Regulations. “Human habitation” includes day care facility 2 For the purposes of the Act and these regulations, “human habitation” includes a facility operated by a person holding a valid licence under the Day Care Act.

N.S. Reg. 442/2008 Royal Gazette

Part II - Regulations Vol. 32, No. 26 © NS Registry of Regulations. Web version. 1081 Corporation may provide financial assistance 3( 1 ) The Corporation may provide financial assistance to a person holding a valid licence to operate a facility providing day care under the Day Care Act in the form of a grant, loan or forgivable loan in accordance with the policies and programs of the Department.

(2) The approval of a grant, loan or forgivable loan to a person referred to in subsection (1) and the advancement of funds is at the sole discretion of the Corporation.

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 434/2008
Date	2008-01-01
Type	gazette
Volume / chapter	just regulations rg2 2008 de1908
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	44497d0632b91d359fc4acac8f46456c8f07d2c5

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