Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 24, No. 22 November 3, 2000 Contents Act Reg. No.

Page Education Act M i n i s t e r i a l E d u c a t i o n A c t R e g u l a t i o n s - A m e n d m e n t .......165/2000 636 Family Benefits Act F a m i l y B e n e f i t s S c h e d u l e “ B ” R e g u l a t i o n s - A m e n d m e n t....167/2000 638 Maintenance Enforcement Act M a i n t e n a n c e E n f o r c e m e n t R e g u l a t i o n s - A m e n d m e n t.......168/2000 640 Water Resources Protection Act Proclamation, S. 9, S.N.S. 2000, c. 10 ................... 164/2000 634 Wildlife Act F u r H a r v e s t i n g R e g u l a t i o n s - A m e n d m e n t................166/2000 637 NOW AVAILABLE The final issue for the 2000 subscription year of the Folio®-based Nova Scotia Regulations CD-ROM, containing the consolidated regulations of Nova Scotia and the quarterly sectional index of regulations, is now available from the Office of the Registrar of Regulations.

For information or subscriptions please call (902) 424-6723 or visit our website at www.gov.ns.ca/just/regulations/cd. 633

N.S. Reg. 164/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 164/2000 Made: October 5, 2000 Filed: October 12, 2000 Proclamation, S. 9, S.N.S. 2000, c. 10 Order in Council 2000-494 made October 5, 2000 Proclamation made by the Governor in Council pursuant to

Section 9 of the Water Resources Protection Act The Governor in Council on the report and recommendation of the Acting Minister of the Environment dated September 19, 2000, pursuant to

Section 9 of

Chapter 10 of the Acts of 2000, the Water Resources Protection Act, is pleased to order and declare by proclamation that

Chapter 10 of the Acts of 2000, the Water Resources Protection Act, come into force on and not before October 1, 2000. PROVINCE OF NOV A 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 9 of

Chapter 10 of the Acts of 2000, the Water Resources Protection Act, it is enacted as follows: 9 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 10 of the Acts of 2000, the Water Resources Protection Act, come into force on October 1, 2000; 634

N.S. Reg. 164/2000 ROYAL GAZETTE

Part II Regulations 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 10 of the Acts of 2000, the Water Resources Protection Act, come into force on October 1, 2000, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Myra A. Freeman, Lieutenant Governor of the Province of Nova Scotia. AT Our Government House in the Halifax Regional Municipality, this 5th day of October, in the year of Our Lord two thousand and in the forty-ninth year of Our Reign.

BY COMMAND: Sgd: Michael G . Baker Provincial Secretary Minister of Justice and Attorney General 635

N.S. Reg. 165/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 165/2000 Made: October 11, 2000 Filed: October 12, 2000 Ministerial Education Act Regulations Order dated October 11, 2000 Amendment to regulations made under

Section 145 of the Education Act IN THE MATTER OF

SECTION 145 OF

CHAPTER 1 OF THE ACTS OF 1995-96, THE EDUCATION ACT - and - IN THE MATTER OF THE MINISTERIAL EDUCATION ACT REGULATIONS MADE BY THE MINISTER OF EDUCATION PURSUANT TO

SECTION 145 OF THE EDUCATION ACT ORDER I, Jane Purves, Minister of Education for the Province of Nova Scotia, pursuant to

Section 145 of

Chapter 1 of the Acts of 1995-96, the Education Act, do hereby amend the Ministerial Education Act Regulations, made by the Minister of Education on June 24, 1997, by repealing

Section 38 and substituting the following Section: 38 Each member of the Council shall be appointed for a term of three years. DATED AND MADE at Halifax, Nova Scotia, October 11, 2000. (Signed) Jane Purves Jane Purves Minister of Education 636

N.S. Reg. 166/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 166/2000 Made: October 19, 2000 Filed: October 20, 2000 Fur Harvesting Regulations Order in Council 2000-513 made October 19, 2000 Amendment to regulations made by the Governor in Council pursuant to subsection 113(1) of the Wildlife Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated September 27, 2000, and pursuant to subsection 113(1) of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act, is pleased to amend the Fur Harvesting Regulations made by the Governor in Council by Order in Council 87-956 dated August 18, 1987, in the manner set forth in

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

Schedule "A" Amendments to the Fur Harvesting Regulations made by the Governor in Council pursuant to subsection 113(1) of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act 1 Subsection 10(1) of the Fur Harvesting Regulations made by the Governor in Council by Order in Council 87-956 dated August 18, 1987, is amended by striking out “a bobcat or” and substituting “an”. 2

Section 11 of the regulations is amended by adding the following subsection immediately after subsection (15):

(16) No person who holds a valid Fur Harvester’s Licence shall use or possess a light while checking traps or dispatching animals in traps at night in a wildlife habitat unless the voltage of the light is 12 volts or less and the light is not part of the electrical system of a vehicle. 637

N.S. Reg. 167/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 167/2000 Made: October 19, 2000 Filed: October 20, 2000 Family Benefits

Schedule “B” Regulations Order in Council 2000-521 made October 19, 2000 Amendment to regulations made by the Governor in Council pursuant to

Section 18 of the Family Benefits Act The Governor in Council on the report and recommendation of the Minister of Community Services dated August 23, 2000, and pursuant to

Section 18 of

Chapter 158 of the Revised Statutes of Nova Scotia, 1989, the Family Benefits Act, is pleased to amend the Family Benefits

Schedule "B" Regulations in the manner set forth in

Schedule "A" attached to and forming part of the report and recommendation, effective on and after October 19, 2000.

Schedule "A" Amendments to the Family Benefits

Schedule "B"Regulations made by the Governor in Council pursuant to

Section 18 of

Chapter 158 of the Revised Statutes of Nova Scotia, 1989, the Family Benefits Act 1 The Family Benefits

Schedule "B" Regulations made by the Governor in Council by Order in Council 87-430 dated April 7, 1987, are amended by repealing clause 2A(

f) and substituting the following clause: (

f) at the time the person signs the application or reapplies for family benefits, income from wages shall be computed at 100% of net wages earned, but at the time the Director is determining the amount of benefits payable to the person, the Director shall deduct $100.00 from net wages where the person has dependents, or $50.00 where the person is single; 2 Subsection 16(6) of the regulations is repealed and the following subsection substituted:

(6) A dependent child shall reside with the applicant or recipient the majority of the time in order to be considered a dependent child for the purpose of being included as a dependent child in the calculation of the budget deficit of the applicant or recipient, and where the dependent child resides with more than one applicant or recipient, the dependent child may be included in the calculation of the budget deficit of only one applicant or one recipient. 3 Subsection 44(2) of the regulations is amended by [adding by ] (

a) adding the following clause immediately after clause (a): 638

N.S. Reg. 167/2000 ROYAL GAZETTE

Part II Regulations (aa) 100% of income received on or after January 1, 2001, from income tax refunds; (

b) adding the following clause immediately after clause (ea): (eb) 100% of income from insurance payments, insurance settlements and damage awards paid to or on behalf of a dependent child of an applicant or recipient; 639

N.S. Reg. 168/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 168/2000 Made: October 19, 2000 Filed: October 20, 2000 Maintenance Enforcement Regulations Order in Council 2000-522 made October 19, 2000 Amendment to regulations made by the Governor in Council pursuant to

Section 61 of the Maintenance Enforcement Act The Governor in Council on the report and recommendation of the Minister of Justice dated August 20, 2000, and pursuant to

Section 61 of

Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act, is pleased to amend the Maintenance Enforcement Regulations made by the Governor in Council by Order in Council 96- 137 dated March 5, 1996, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after October 19, 2000.

Schedule “A” Amendments to the Maintenance Enforcement Regulations made by the Governor in Council pursuant to

Section 61 of

Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act Subsection 11(1) of the Maintenance Enforcement Regulations made by the Governor in Council by Order in Council 96-137 dated March 5, 1996, is repealed and the following subsection substituted: 11

(1) The Director may charge to the payor the following fees pursuant to the Act: (a) $25, if the payor requests that the Director provide an annual statement showing the current status of payments; (b) $35, if a cheque received by the Director from the payor is returned to the Director because of insufficient funds; (c) $45, if the Director is required to provide a certificate of the discharge of a judgment entered pursuant to

Section 38 of the Act; (

d) where a payor is in default of a maintenance order filed with the Director under the Act: (i) $200, payable once in any 12-month period, in addition to the fees set out in subclauses (ii) to (v), if the Director is required as a result of the default to take any measure under the Act to enforce the maintenance order, 640

N.S. Reg. 168/2000 ROYAL GAZETTE

Part II Regulations (ii) $75, if the Director is required to issue a garnishment against an income source of the payor, (iii) $50, if the Director is required to examine the payor in accordance with Sections 34 and 35 of the Act, (iv) $50, if the Director is required to request that the Registrar of Motor Vehicles suspend or revoke the payor’s privileges in relation to a motor vehicle, (v) $200, if the Director is required to attach the pension entitlement of the payor pursuant to Sections 27A to 27F of the Act. 641