Provincial Subdivision Regulations

N.S. Reg. 111/2003

Nova Scotia — Gazette

© N. S. Registry of Regulations. Web version. 435

Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 27, No. 12 June 27, 2003 Contents Act Reg. No.

Page Canada-Nova Scotia Offshore Petroleum Accord Implementation (Nova Scotia) Act N o v a S c o t i a O f f s h o r e A r e a C e r t i f i c a t e o f F i t n e s s R e g u l a t i o n s – a m e n d m e n t ..........112/2003 444 Employment Support and Income Assistance Act Exemption of $155 Taxpayer Refund From Chargeable Income .................... 113/2003 445 German Settlers Day Act Proclamation, S. 3, S.N.S. 2001, c. 32 ......................................... 114/2003 445 Motor Vehicle Act Partial Year Registration Fees for Commercial Vehicles over 5001 kg Regulations – r e p e a l............................................................... 116/2003 446 R e g i s t r a t i o n F e e s f o r C a m p e r s R e g u l a t i o n s – a m e n d m e n t .........................117/2003 447 R e g i s t r a t i o n F e e s f o r C o m m e r c i a l M o t o r V e h i c l e s R e g u l a t i o n s – a m e n d m e n t .........118/2003 448 R e g i s t r a t i o n F e e s f o r T r a i l e r s R e g u l a t i o n s – a m e n d m e n t ..........................119/2003 449 D o c u m e n t s a n d S e r v i c e s F e e s – a m e n d m e n t .................................... 120/2003 450 Municipal Government Act Provincial Subdivision Regulations – amendment ............................... 111/2003 436

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.............................115/2003 446 AVAILABLE SOON The third issue of the 2003 subscription year of the Folio®-based Nova Scotia Regulations CD-ROM, containing the consolidated regulations of Nova Scotia and the quarterly sectional index of regulations, will soon be available from the Office of the Registrar of Regulations. For information or subscription please call (902) 424-6723 or visit our website at <www.gov.ns.ca/just/regulations/cd>.

N.S. Reg. 111/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 12 436 © N. S. Registry of Regulations. Web version. N.S. Reg. 111/2003 Made: June 3, 2003 Filed: June 9, 2003 Provincial Subdivision Regulations Order dated June 3, 2003 made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 270 of the Municipal Government Act Amendments to the Provincial Subdivision Regulations made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 270 of

Chapter 18 of the Statutes of Nova Scotia, 1998, the Municipal Government Act 1

Section 2 is amended by (

a) adding “which” immediately after “any road” in the first line of clause (f); (

b) striking out “which” immediately af ter “(i)” in subclause (f)(i); and (

c) adding immediately after clau se (

f) the following clause: (fa) “proposed lot” means any lot being proposed to be created by a plan or instrument of subdivision, including a remainder lot; 2

Section 10 is repealed. 3 Subsection 13(1) is amended by adding “municipal” immediately before “public”. 4

(1) Section 14 is amended by striking out “(1)” immediately after “14". (2) Subsection 14(2) is repealed. 5 (1) Subsection 20(1) is amended by (

a) striking out “subdivider” in the first line and substituting “person”; (

b) adding immediately after clause (

b) the following clause: (ba) the unique parcel identifier (PID) of all areas of land being subdivided; (

c) striking out “where a civic addressing system is in place,” in the first line of clause (c); (

d) striking out “lots being created” in clau se (

e) and substituting “proposed lots”; and (

e) striking out “lots being created” in the firs t line clause (

k) and substituting “proposed lots”. (2) Subsection 20(2) is repealed and the following subsections are substituted:

(2) Where a preliminary plan of subdivision is to be forwarded to the Department of Environment and Labour pursuant to clause 23(a), the information required by subsection (3) is required for the following proposed lots: (

a) a proposed lot that is being created for a purpose that will require the construction of an on-site sewage disposal system; or (

b) a proposed lot that is being divided from an existing area of land, contains an on-site system, and

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i) is 9000 square metres (96,878.4 squa re feet) or less in area, or (ii) has a width of less than 76 metres (249.3 feet).

(3) Unless the information already has been submitted to the Department of Environment and Labour, the following additional information is required for proposed lots referred to in subsection (2): (

a) the lot layout including any proposed bu ilding, on-site sewage disposal system, driveway and water well; (

b) the location of any watercourse, wetland, mari ne water body and other features that may influence the design of the on-site sewage disposal system, including any ditch, road, driveway or easement; (

c) the surface slopes and directions; (

d) the location of any test pit; (

e) the proposed on-site sewage dispos al system, selected or designed; (

f) an explanation of the extent, volume and type of usage to which the on-site sewage disposal system will be subjected; (

g) an assessment report of the lot respecting its suitability to support an on-site sewage disposal system including the results of a soil evaluation test; and (

h) any other information necessary to determine whether the subdivision meets the On-site Sewage Disposal Systems Regulations.

(4) For a proposed lot that is being divided from an existing area of land, contains an existing on- site sewage disposal system and is more than 9000 square metres (96,878.4 square feet) in area with a width of 76 metres (249.3 feet) or more, the lot layout including buildings, driveway, on-site sewage disposal system and well shall be provided.

(5) For a proposed lot 9000 square metres (96,878.4 square feet) or less in area or with a width of less than 76 metres (249.3 feet) that is being created for a purpose that will not require the construction of an on-site sewage disposal system, the certification

section of the application form must be completed. 6

(1) Section 23 is amended by striking out the first two lines and substituting “A copy of the preliminary plan of subdivision shall be forwarded to”.

(2) Section 23 is further amended by striking out clause (

a) and substituting the following: (

a) in areas not served by a central sewer, the Department of Environment and Labour to determine compliance with the On-site Sewage Disposal Systems Regulations, except where the proposed lot (

i) is greater than 9000 square metres (96,878.4 square feet), has a width of 76 metres (249.3 feet) or more, and the applicant has certified on the application that the proposed lot is not intended for a purpose requiring an on-site sewage disposal system, or (ii) contains an on-site sewage disposal system and is being increased in size, provided all other proposed lots shown on the plan meet the requirements listed in subclause (i); 7 The following

Section is insert ed immediately after

Section 23:

N.S. Reg. 111/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 12 438 © N. S. Registry of Regulations. Web version. 23A A preliminary plan of subdivision that shows a proposed lot referred to in subsection 20(5) shall be forwarded to the Department of Environment and Labour for confirmation that the Department is in agreement that the proposed lot does not require an on-site sewage disposal system. 8

Section 25 is amended by striki ng out “subdivider” in the first line and substituting “applicant”. 9

Section 26 is amended by striki ng out “subdivider” in the second line and substituting “person”. 10

Section 35 is amended by striki ng out “subdivider” in the second and third lines and substituting “applicant”. 11

Section 37 is amended by striki ng out “subdivider” in the second line and substituting “applicant”. 12

Section 38 is amended by stri king out “subdivider” in the first line and substituting “person”. 13 (1) Subsection 39(2) is amended by (

a) repealing clause (

f) and substituting: (

f) the unique parcel identifier (PID) of all areas of land being subdivided; (

b) striking out “where a civic addressing system is in place,” in the first line of clause (g); (

c) striking out “lots being created” in cl ause (

j) and substituting “proposed lots”; (

d) striking out “lot being approved” in the first line of clause (

k) and substituting “proposed lot”; and (

e) striking out “lots being created” in the first line of clause (

m) and substituting “proposed lots”. (2) Subsection 39(3) is repealed and the following subsection is substituted:

(3) Where a tentative plan of subdivision is to be forwarded to the Department of Environment and Labour pursuant to clause 42(a), the information listed in subsection (4) is required for the following proposed lots: (

a) a proposed lot that is being created for a purpose that will require the construction of an on-site sewage disposal system; or (

b) a proposed lot that is being divided from an existing area of land, contains an on-site sewage disposal system, and (

i) is 9000 square metres (96,878.4 squa re feet) or less in area, or (ii) has a width of less than 76 metres (249.3 feet). (3) Subsection 39(4) is (

a) renumbered as subsection 39(7); (

b) amended by striking out “and” in the second line; and (

c) amended by adding “, (4), (5) or (6)” immediately after “(3)” in the second line.

(4) Section 39 is further amended by adding i mmediately before subsection 39(7) the following subsections:

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(4) Unless the information already has been submitted to the Department of Environment and Labour, the following additional information is required for proposed lots referred to in subsection (3): (

a) the lot layout including any proposed bu ilding, on-site sewage disposal system, driveway and water well; (

b) the location of any watercourse, wetland, mari ne water body and other features that may influence the design of the on-site sewage disposal system, including any ditch, road, driveway or easement; (

c) the surface slopes and directions; (

d) the location of any test pit; (

e) the proposed on-site sewage dispos al system, selected or designed; (

f) an explanation of the extent, volume and type of usage to which the on-site sewage disposal system will be subjected; (

g) an assessment report of the lot respecting its suitability to support an on-site sewage disposal system including the results of a soil evaluation test; and (

h) any other information necessary to determine whether the subdivision meets the On-site Sewage Disposal Systems Regulations.

(5) For a proposed lot that is being divided from an existing area of land, contains an existing on- site sewage disposal system and is more than 9000 square metres (96,878.4 square feet) in area with a width of 76 metres (249.3 feet) or more, the lot layout including buildings, driveway, on-site sewage disposal system and well shall be provided.

(6) For a proposed lot 9000 square metres (96,878.4 square feet) or less in area or with a width of less than 76 metres (249.3 feet) that is being created for a purpose that will not require the construction of an on-site sewage disposal system, the certification

section of the application form must be completed.

(5) Section 39 is further amended by adding i mmediately after subsection 39(7) the following subsection:

(8) For a proposed lot that will have access to a provincial public highway, the final plan of subdivision may be accompanied by or show stopping sight distances information in the form specified in

Schedule “G” completed by a Nova Scotia Land Surveyor. 14

(1) Section 42 is amended by striking out the first two lines and substituting “A copy of the tentative plan of subdivision shall be forwarded to”.

(2) Section 42 is further amended by striking out clause (

a) and substituting the following: (

a) in areas not served by a central sewer, the Department of Environment and Labour to determine compliance with the On-site Sewage Disposal Systems Regulations, except where the proposed lot (

i) is greater than 9000 square metres (96,878.4 square feet), has a width of 76 metres (249.3 feet) or more, and the applicant has certified on the application that the proposed lot is not intended for a purpose requiring an on-site sewage disposal system, or (ii) contains an on-site sewage disposal system and is being increased in size, provided all other proposed lots shown on the plan meet the requirements listed in subclause (i);

N.S. Reg. 111/2003 Royal Gazette

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Section is insert ed immediately after

Section 42: 42A A tentative plan of subdivision that shows a proposed lot referred to in subsection 39(6) shall be forwarded to the Department of Environment and Labour for confirmation that the Department is in agreement that the proposed lot does not require an on-site sewage disposal system. 16

Section 45 is amended by striki ng out “subdivider” in the second and third lines and substituting “applicant”. 17

Section 47 is amended by striki ng out “subdivider” in the second line and substituting “applicant”. 18 (1) Subsection 49(2) is amended by (

a) repealing clause (

e) and substituting: (

e) the unique parcel identifier (PID) of all areas of land being subdivided; (

b) striking out “where a civic addressing system is in place,” in the first line of clause (f); (

c) striking out “lot being created” in cl ause (

i) and substituting “proposed lots”; (

d) striking out “lot being approved” in the first line of clause (

j) and substituting “proposed lot”; and (

e) striking out “lots being created” in the first line of clause (

l) and substituting “proposed lots”. (2) Subsection 49(3) is repealed and the following subsection is substituted:

(3) Where a final plan of subdivision is to be forwarded to the Department of Environment and Labour pursuant to clause 52(a), the information listed in subsection (4) is required for the following proposed lots: (

a) a proposed lot that is being created for a purpose that will require the construction of an on-site sewage disposal system; or (

b) a proposed lot that is being divided from an existing area of land, contains an on-site sewage disposal system, and (

i) is 9000 square metres (96,878.4 squa re feet) or less in area, or (ii) has a width of less than 76 metres (249.3 feet). (3) Subsection 49(4) is (

a) renumbered as subsection 49(8); and (

b) amended by adding “design” immediatel y before “drawings” in the second line.

(4) Section 49 is further amended by adding i mmediately before subsection 49(8) the following subsections:

(4) Unless the information already has been submitted to the Department of Environment and Labour, the following additional information is required for proposed lots referred to in subsection (3): (

a) the lot layout including any proposed bu ilding, on-site sewage disposal system, driveway and water well;

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b) the location of any watercourse, wetland, mari ne water body and other features that may influence the design of the on-site sewage disposal system, including any ditch, road, driveway or easement; (

c) the surface slopes and directions; (

d) the location of any test pit; (

e) the proposed on-site sewage dispos al system, selected or designed; (

f) an explanation of the extent, volume and type of usage to which the on-site sewage disposal system will be subjected; (

g) an assessment report of the lot respecting its suitability to support an on-site sewage disposal system including the results of a soil evaluation test; and (

h) any other information necessary to determine whether the subdivision meets the On-site Sewage Disposal Systems Regulations.

(5) For a proposed lot that is being divided from an existing area of land, contains an existing on- site sewage disposal system and is more than 9000 square metres (96,878.4 square feet) in area with a width of 76 metres (249.3 feet) or more, the lot layout including buildings, driveway, on-site sewage disposal system and well shall be provided.

(6) For a proposed lot 9000 square metres (96,878.4 square feet) or less in area or with a width of less than 76 metres (249.3 feet) that is being created for a purpose that will not require the construction of an on-site sewage disposal system, the certification

section of the application form must be completed.

(7) For a proposed lot that will have access to a provincial public highway, the final plan of subdivision may be accompanied by or show stopping sight distances information in the form specified in

Schedule “G” completed by a Nova Scotia Land Surveyor. 19

(1) Section 52 is amended by striking out the first two lines and substituting “A copy of the preliminary plan of subdivision shall be forwarded to”.

(2) Section 52 is further amended by striking out clause (

a) and substituting the following: (

a) in areas not served by a central sewer, th e Department of the Environment and Labour to determine compliance with the On-site Sewage Disposal Systems Regulations, except where the proposed lot (

i) is greater than 9000 square metres (96,878.4 square feet), has a width of 76 metres (249.3 feet) or more, and the applicant has certified on the application that the proposed lot is not intended for a purpose requiring an on-site sewage disposal system, or (ii) contains an on-site sewage disposal system and is being increased in size, provided all other proposed lots shown on the plan meet the requirements listed in subclause (i); 20 The following

Section is insert ed immediately after

Section 52: 52A A final plan of subdivision that shows a proposed lot referred to in subsection 49(6) shall be forwarded to the Department of Environment and Labour for confirmation that the Department is in agreement that the proposed lot does not require an on-site sewage disposal system. 21

Section 56 is amended by adding “in different ownerships” immediately after “land” in the second line.

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Section 62 is amended by striki ng out “The” in the first line and substituting “Within seven days of approving the plan, the”. 23 (1) Subsection 63(1) is amended by striking out “(iii) the remainder lot” in the eighth line and substituting “the lot being decreased in size”. (2) Subsection 63(4) is amended by (

a) repealing clause (

c) and substituting: (

c) the unique parcel identifier (PID) of all areas of land being subdivided; (

b) striking out “where a civic addressing system is in place,” in the first line of clause (d); (

c) striking out “lots being created” in cl ause (

g) and substituting “proposed lots”; (

d) striking out “lot being approved” in cl ause (

h) and substituting “proposed lot”; and (

e) striking out “lots being created” in the first line of clause (

j) and substituting “proposed lots”. (3) Subsection 63(5) is repealed and the following subsections are substituted:

(5) Where an instrument of subdivision is to be forwarded to the Department of Environment and Labour pursuant to clause 66(a), the information listed in subsection (6) is required for a proposed lot that is being created for a purpose that will require the construction of an on-site sewage disposal system.

(6) Unless the information already has been submitted to the Department of Environment and Labour, the following additional information is required for proposed lots referred to in subsection (5): (

a) the lot layout including any proposed bu ilding, on-site sewage disposal system, driveway and water well; (

b) the location of any watercourse, wetland, mari ne water body and other features that may influence the design of the on-site sewage disposal system, including any ditch, road, driveway or easement; (

c) the surface slopes and directions; (

d) the location of any test pit; (

e) the proposed on-site sewage dispos al system, selected or designed; (

f) an explanation of the extent, volume and type of usage to which the on-site sewage disposal system will be subjected; (

g) an assessment report of the lot respecting its suitability to support an on-site sewage disposal system including the results of a soil evaluation test; and (

h) any other information necessary to determine whether the subdivision meets the On-site Sewage Disposal Systems Regulations.

(7) For a proposed lot that is being divided from an existing area of land and contains an existing on-site sewage disposal system, the lot layout including buildings, driveway, on-site sewage disposal system and well shall be provided.

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(8) For a proposed lot 9000 square metres (96,878.4 square feet) or less in area or with a width of less than 76 metres (249.3 feet) that is being created for a purpose that will not require the construction of an on-site sewage disposal system, the certification

section of the application form must be completed. 24

(1) Section 66 is amended by striking out the first two lines and substituting “A copy of the instrument of subdivision shall be forwarded to”.

(2) Section 66 is further amended by striking out clause (

a) and substituting the following: (

a) in areas not served by a central sewer, the Department of Environment and Labour to determine compliance with the On-site Sewage Disposal Systems Regulations, except where the proposed lot (

i) is greater than 9000 square metres (96,878.4 square feet), has a width of 76 metres (249.3 feet) or more, and the applicant has certified on the application that the proposed lot is not intended for a purpose requiring an on-site sewage disposal system, or (ii) contains an on-site sewage disposal system and is being increased in size, provided all other proposed lots shown on the plan meet the requirements listed in subclause (i); 25 The following

Section is insert ed immediately after

Section 66: 66A An instrument of subdivision that shows a proposed lot referred to in subsection 63(8) shall be forwarded to the Department of Environment and Labour for confirmation that the Department is in agreement that the proposed lot does not require an on-site sewage disposal system. 26

Section 70 is amended by adding “in different ownerships” immediately after “land” in the second line. 27

Section 76 is amended by striki ng out “The” in the first line and substituting “Within seven days of approving the instrument, the” 28

Schedule “A”, Application for Subdivision Approval, is amended by adding “(pertains only to final and instrument applications)” after “consent” in the second last line. 29

Schedule “G”, Stopping Sight Distances, is prescribed in the form attached. DATED and MADE at Halifax, Nova Scotia June 3, 2003 sgd: P.G. Christie Honourable Peter G. Christie Minister of Service Nova Scotia and Municipal Relations

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Schedule “G” STOPPING SIGHT DISTANCES LOT NO. SPEED ZONE DISTANCE FROM LOT CORNER LEFT/RIGHT LEFT RIGHT PASS OR FAIL* COMMENT GRADE DISTANCE GRADE DISTANCE * According to the Government of Nova Scotia Management Manual 23, Department of Transportation and Public Works Management,

Chapter 8, Construction and Maintenance. Signed: _________________________________ Nova Scotia Land Surveyor N.S. Reg. 112/2003 Made: June 5, 2003 Filed: June 9, 2003 Nova Scotia Offshore Area Certificate of Fitness Regulations Order in Council 2003-248 dated June 5, 2003 Amendment to regulations made by the Governor in Council pursuant to

Section 146 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act The Governor in Council on the report and recommendation of the Minister of Energy dated May 12, 2003, and pursuant to

Section 146 of

Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act, is pleased to amend the Nova Scotia Offshore Area Certificate of Fitness Regulations made by the Governor in Council by Order in Council 96-20 dated January 9, 1996, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 5, 2003.

Schedule “A” Amendment to the Nova Scotia Offshore Area Certificate of Fitness Regulations made pursuant to

Section 146 of

Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act Clause 2(

d) of the Nova Scotia Offshore Area Certificate of Fitness Regulations made by the Governor in Council by Order in Council 96-20 dated January 9, 1996, is amended by adding “, Germanischer Lloyd” immediately after “A/S”.

N.S. Reg. 113/2003 – 114/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 12 © N. S. Registry of Regulations. Web version. 445 N.S. Reg. 113/2003 Made: June 5, 2003 Filed: June 9, 2003 Employment Support and Income Assistance Regulations Order in Council 2003-249 dated June 5, 2003 Regulations made by the Governor in Council pursuant to

Section 21 of the Employment Support and Income Assistance Act The Governor in Council on the report and recommendation of the Minister of Community Services dated May 15, 2003, and pursuant to

Section 21 of

Chapter 27 of the Acts of 2000, the Employment Support and Income Assistance Act, is pleased to make regulations, effective on and after June 5, 2003, determining that, despite

Section 51 of the Employment Support and Income Assistance Regulations made by the Governor in Council by Order in Council 2001-338 dated March 23, 2001, the $155 taxpayer refund provided in the 2003-2004 Provincial Budget shall not be included as chargeable income in the month in which it is received. N.S. Reg. 114/2003 Made: June 5, 2003 Filed: June 9, 2003 Proclamation, S. 3, S.N.S. 2001, c. 32 Order in Council 2003-255 made June 5, 2003 Proclamation made by the Governor in Council pursuant to

Section 3 of the German Settlers Day Act The Governor in Council on the report and recommendation of the Chair of Treasury and Policy Board dated May 28, 2003, and pursuant to

Section 3 of

Chapter 32 of the Acts of 2001, the German Settlers Day Act, is pleased to order and declare by proclamation that

Chapter 32 of the Acts of 2001, the German Settlers Day Act, come into force on and not before June 7, 2003. PROVINCE OF NOVA SCOTIA Sgd: Myra A. Freeman G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, GREETING: A PROCLAMATION

WHEREAS in and by

Section 3 of

Chapter 32 of the Acts of 2001, the German Settlers Day Act, it is enacted as follows: 3 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 32 of the Acts of 2001, the German Settlers Day Act, come into force on and not before June 7, 2003; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 32 of the Acts of 2001, the German Settlers Day Act, come into force on and not before June 7, 2003, of which all persons concerned are to take notice and govern themselves accordingly.

N.S. Reg. 114/2003 - 120/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 12 446 © N. S. Registry of Regulations. Web version. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Myra A. Freeman, Lieutenant Governor of the Province of Nova Scotia. AT Our Government House in the Halifax Regional Municipality, this 5 th day of June, in the year of Our Lord two thousand and three and in the 52 nd year of Our Reign. BY COMMAND: Sgd: Michael G. Baker Acting Provincial Secretary N.S. Reg. 115/2003 Made: June 13, 2003 Filed: June 16, 2003

Summary Offence Tickets Regulations Order in Council 2003-261 dated June 13, 2003 Amendment to regulations made by the Governor in Council pursuant to

Section 8 of the

Summary Proceedings Act The Governor in Council on the report and recommendation of the Minister of Justice and Attorney General dated May 21, 2003, 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 “B” to Order in Council 2003-155 dated April 10, 2003, to correct certain errata by striking out “Schedule 22” and substituting “Schedule 24”, and striking out “Schedule 23” and substituting “Schedule 25”, effective on and after June 13, 2003. N.S. Reg. 116/2003 to 120/2003 Made: June 13, 2003 Filed: June 16, 2003 Partial Year Registration Fees for Commercial Vehicles over 5001 kg Regulations; Registration Fees for Campers Regulations; Registration Fees for Commercial Motor Vehicles Regulations; and Registration Fees for Trailers Regulations.

Order in Council 2003-263 dated June 13, 2003 Repeal of regulations and amendment to regulations made by the Governor in Council pursuant to subsection 302(1) of the Motor Vehicle Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated May 15, 2003, and pursuant to subsection 302(1) of

Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act, is pleased, effective on and after June 13, 2003, to

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a) repeal the regulations respecting partial year re gistration fees for commercial vehicles of 5001 kg or more, made by Order in Council 97-323 dated June 3, 1997; [N.S. Reg. 116/2003] (

b) amend the regulations respecting registration fees for campers made by the Governor in Council by Order in Council 77-763 dated July 5, 1977, in the manner set forth in

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

c) amend the regulations respecting the registration of commercial motor vehicles made by the Governor in Council by Order in Council 89-502 dated May 2, 1989, in the manner set forth in

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

d) amend the Registration Fees for Trailers Regulations made by the Governor in Council by Order in Council 2002-133 dated March 28, 2002, in the manner set forth in

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

e) amend the regulations respecting documents and services fees made by the Governor in Council by Order in Council 2000-276 dated May 24, 2000, in the manner set forth in

Schedule “D” attached to and forming part of the report and recommendation. N.S. Reg. 117/2003 Registration Fees for Campers Regulations

Schedule “A” Amendments to the Regulations Respecting Registration Fees for Campers made by the Governor in Council pursuant to subsection 302(1) of

Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act 1 The regulations respecting the registration fees for campers made by the Governor in Council by Order in Council 77-763 dated July 5, 1977, are amended by renumbering

Section 1 as

Section 1A and adding the following heading and

Section immediately before

Section 1A: Citation 1 These regulations may be cited as the Registration Fees for Campers Regulations. 2 The regulations are further amended by adding the heading “ Definition of “camper”” immediately before

Section 1A. 3 The regulations are further amended by adding the heading “ Classification and annual registration fees” immediately before

Section 2. 4 (1) Clause 3(1)(

e) of the regulations is amended by striking out “in excess of 5000 kilograms” and substituting “of 5001 kg or more”. (2) Subsection 3(4) of the regulations is amended by striking out “Regulations under the Motor Vehicle Act for a heavy commercial vehicle of the same weight” and substituting “Registration Fees for Commercial Motor Vehicles Regulations under the Motor Vehicle Act for a commercial motor vehicle of the same weight”. 5 The regulations are further amended by adding th e following heading and

Section immediately after

Section 3: Partial-year registration of Class 5 Camper 4( 1 ) A Class 5 Camper may be registered for a partial year upon payment to the Department of (

a) a fee of 1/12 of the annual registration fee multiplied by the number of months for which the camper is to be registered; and

N.S. Reg. 117/2003 - 118/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 12 448 © N. S. Registry of Regulations. Web version. (

b) a short-term registration administration f ee in the amount prescribed in the regulations respecting documents and services fees under the Motor Vehicle Act.

(2) Partial-year registration of a Class 5 Camper pursuant to subsection (1) must be for a period of not less than 3 months and not more than 12 months. N.S. Reg. 118/2003 Registration Fees for Commercial Motor Vehicles Regulations

Schedule “B” Amendments to the Regulations Respecting Registration Fees for Commercial Motor Vehicles made by the Governor in Council pursuant to subsection 302(1) of

Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act 1 The regulations respecting the registration of comme rcial vehicles made by the Governor in Council by Order in Council 89-502 dated May 2, 1989, are amended by renumbering

Section 1 as

Section 1A and adding the following

Section immediately before

Section 1A: Citation 1 These regulations may be cited as the Registration Fees for Commercial Motor Vehicles Regulations. 2

(1) The regulations are further amended by adding the heading “ Classification” immediately before

Section 1A.

(2) Clause 1A(

e) of the regulations is amended by striking out “, trailer”. 3 The regulations are further amended by adding the heading “ Annual registration fees for Class 1 to Class 4 Vehicles” immediately before

Section 2. 4 The regulations are further amended by adding the heading “ Annual registration fees for Class 5 Vehicles” immediately before

Section 4. 5 The regulations are further amended by adding the following

Section immediately after

Section 4: Partial-year registration of Class 5 Vehicle 5( 1 ) A Class 5 Vehicle may be registered for a partial year upon payment to the Department of (

a) a fee of 1/12 of the applicable registra tion fee set out in

Section 4 multiplied by the number of months for which the vehicle is to be registered; and (

b) a short-term registration administration f ee in the amount prescribed in the regulations respecting documents and services fees under the Motor Vehicle Act.

(2) Partial-year registration of a Class 5 Vehicle pursuant to subsection (1) must be for a period of not less than 3 months and not more than 12 months.

(3) This

Section does not apply to vehicles registered under the International Registration Plan referred to in the Prorated Registration Fees for Inter-jurisdictional Commercial Trucks Regulations.

N.S. Reg. 119/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 12 © N. S. Registry of Regulations. Web version. 449 N.S. Reg. 119/2003 Registration Fees for Trailers Regulations

Schedule “C” Amendments to the Registration Fees for Trailers Regulations made by the Governor in Council pursuant to subsection 302(1) of

Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act 1

Section 2 of the Registration Fees for Trailers Regulations made by the Governor in Council by Order in Council 2002-133 dated March 28, 2002, is renumbered as

Section 3 and the following

Section is added immediately following

Section 1: Application 2 These regulations do not apply to a semi-trailer if the weight of the semi-trailer and its load is registered to its towing vehicle. 2 Subsection 2(2) of the regulations is rep ealed and the following subsection substituted:

(2) For a trailer that weighs 5001 kg or more, the annual registration fee is the amount that is payable for a commercial motor vehicle of the same weight pursuant to the Registration Fees for Commercial Motor Vehicles Regulations made under the Motor Vehicle Act. 3 The regulations are further amended by adding th e following Sections immediately after

Section 3: Registration fees after July 1 for trailers 1501 kg or more 4 The fee payable to the Department for registering and issuing a permit under the Motor Vehicle Act for a trailer that weighs 1501 kg or more, (

a) between July 1 and September 30 in any year , is 60% of the annual registration fee; and (

b) between October 1 and December 31 in any year, is 35% of the annual registration fee. Partial-year registration fees for trailers 5001 kg or more 5( 1 ) Upon payment before July 15 in any year of 60% of the annual registration fee, a trailer that weighs 5001 kg or more may be registered and a permit issued for it under the Motor Vehicle Act for the period ending on July 15 in that year.

(2) A trailer that is registered and has a permit issued for it pursuant to subsection (1) for the period ending July 15 in any year may be registered and have a permit issued for it for the remainder of the year upon payment before July 15 in the year of 40% of the annual registration fee.

(3) If the ownership of a trailer is transferred before it is registered for the remainder of a year in accordance with subsection (2), the new owner may register the trailer in accordance with subsection (2).

(4) If, before a trailer is registered for the remainder of a year in accordance with subsection (2), the trailer’s weight is reduced to a lower weight range by the removal of one of its axles, the trailer may be registered and a permit issued for it at the reduced registration weight for the remainder of the year upon payment of 40% of the annual registration fee for the reduced weight.

N.S. Reg. 119/2003-120/2003 Royal Gazette

Part II - Regulations Vol. 27, No. 12 450 © N. S. Registry of Regulations. Web version. Registration fees for trailers 1501 kg or more after weight increase 6( 1 ) If the registered weight of a trailer registered for 1501 kg or more in any year is increased to a higher weight range at any time between July 1 and September 30 in the year, the fee payable for the increased registered weight is 60% of the difference between the annual fee for the higher weight and the annual fee for the weight at which the trailer was registered before the increase.

(2) If the registered weight of a trailer registered for 1501 kg or more in any year is increased to a higher weight range at any time between October 1 and December 31 in the year, the fee payable for the increased registered weight is 35% of the difference between the annual fee for the higher weight and the annual fee for the weight at which the trailer was registered before the increase. N.S. Reg. 120/2003 Documents and Services Fees

Schedule “D” Amendment to the Regulations Respecting Documents and Services Fees made by the Governor in Council pursuant to subsection 302(1) of

Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act The regulations respecting documents and services fees made by the Governor in Council by Order in Council 2000-276 dated May 24, 2000, are amended by striking out “Administration of the registration of an inter- jurisdictional truck for less than 12 months $50.00” and substituting the following: Administration fee for the registration for less than 12 months of an inter-jurisdictional commercial truck registered under the International Registration Plan $50.00 Administration fee for the registration for less than 12 months of a vehicle that has a registered weight of 5001 kg or more and that is not registered under the International Registration Plan $10.00

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 111/2003
Date	2003-01-01
Type	gazette
Volume / chapter	just regulations rg2 2003 jn2703
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	44cbea45d9f14849e492daad4e95ab2e72ac8c12

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