© NS Registry of Regulations. Web version. 165

Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 29, No. 6 April 1, 2005 Contents Act Reg. No. Page Agriculture and Marketing Act C o m m u n i t y P a s t u r e s R e g u l a t i o n s - r e p e a l ...................................... 7 8 / 2005 168 Justice Administration Amendment

(2004) Act Proclamation, S. 32(1), S.N.S. 2004, c. 6 – s. 21-23 .............................. 7 7 / 2005 167 Labour Standards Code General Labour Standards Code Regulations – amendment ........................ 7 6 / 2005 166 Liquor Control Act Proclamation, S. 2, S.N.S. 2004, c. 39 ......................................... 8 1 / 2005 171 Motor Vehicle Act Temporary Breakdown Permits Regulations .................................... 7 9 / 2005 169 Trade Union Act Proclamation, S. 3, S.N.S. 2004, c. 47 ......................................... 8 0 / 2005 170 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 Regulations Act and amendments to the Regulations Act made by

Chapter 46 of the Acts of 2004 proclaimed in force.

N.S. Reg. 76/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 6 166 © NS Registry of Regulations. Web version. N.S. Reg. 76/2005 Made: March 11, 2005 Filed: March 11, 2005 General Labour Standards Code Regulations Order in Council 2005-100 dated March 11, 2005 Regulations made by the Governor in Council pursuant to Sections 4 and 7 of the Labour Standards Code The Governor in Council on the report and recommendation of the Minister of Environment and Labour dated September 28, 2004, and pursuant to Sections 4 and 7 of

Chapter 246 of the Revised Statutes of Nova Scotia, 1989, the Labour Standards Code, is pleased to amend the regulations respecting labour standards, N.S. Reg. 298/90, made by the Governor in Council by Order in Council 90-1321 dated November 13, 1990, to exempt information technology professionals from the application of subsection 40(4) of the Labour Standards Code, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after March 11, 2005.

Schedule “A” Amendments to the Regulations Respecting Labour Standards made by the Governor in Council pursuant to subsection 4(2) and clause 7(

a) of

Chapter 246 of the Revised Statutes of Nova Scotia, 1989, the Labour Standards Code 1 The regulations respecting labour standards, N.S.

Re g. 298/90, made by the Governor in Council by Order in Council 90-1321 dated November 13, 1990, are amended by adding the following clause immediately after clause 1(1)(b): (c) “information technology professional” means an employee who is primarily engaged in the investigation, analysis, design, development, implementation, operation or management of information systems based on computer and related technologies through the objective application of specialized knowledge and professional judgement, but does not include an employee who is primarily employed to provide basic operational or technical support for computer and related technologies. 2

Section 2 of the regulations is amended by adding the following subsection immediately after subsection (2B): (2C) Persons engaged in work as information technology professionals are exempt from the application of subsection 40(4) of the Code.

N.S. Reg. 77/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 6 © NS Registry of Regulations. Web version. 167 N.S. Reg. 77/2005 Made: March 11, 2005 Filed: March 11, 2005 Proclamation, S. 32(1), S.N.S. 2004, c. 6 – s. 21-23 Order in Council 2005-103 dated March 11, 2005 Proclamation made by the Governor in Council pursuant to subsection 32(1) of the Justice Administration Amendment

(2004) Act The Governor in Council on the report and recommendation of the Minister of Transportation and Public Works dated June 24, 2004, pursuant to subsection (1) of

Section 32 of

Chapter 6 of the Acts of 2004, the Justice Administration Amendment

(2004) Act, and subsection (7) of

Section 3 of

Chapter 235 of the Revised Statutes of Nova Scotia, 1989, the

Interpretation Act, is pleased to order and declare by proclamation that Sections 21 to 23 of

Chapter 6 of the Acts of 2004, the Justice Administration Amendment

(2004) Act, come into force on and not before March 11, 2005. PROVINCE OF NOVA SCOTIA Sgd: J.M. MacDonald 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 subsection (1) of

Section 32 of

Chapter 6 of the Acts of 2004, the Justice Administration Amendment

(2004) Act, it is enacted as follows: 32

(1) This Act, except Sections 3, 4, 6 and 27 to 29, comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that Sections 21 to 23 of

Chapter 6 of the Acts of 2004, the Justice Administration Amendment

(2004) Act, come into force on and not before March 11, 2005; 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 Sections 21 to 23 of

Chapter 6 of the Acts of 2004, the Justice Administration Amendment

(2004) Act, come into force on and not before March 11, 2005, 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 His Honour the Honourable J. Michael MacDonald, Administrator of the Government of the Province of Nova Scotia.

N.S. Reg. 77/2005 - 78/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 6 168 © NS Registry of Regulations. Web version. AT The Law Courts in the Halifax Regional Municipality, this 11th day of March, in the year of Our Lord two thousand and five and in the fifty-third year of Our Reign. BY COMMAND: Sgd: M. G. Baker Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 78/2005 Made: December 17, 2004 Approved: February 2, 2005 Filed: March 11, 2005 Community Pasture Board Regulations - repeal Order dated February 2, 2005 Repeal of regulations made by the Nova Scotia Community Pasture Board and approved by the Minister of Agriculture and Fisheries pursuant to

Section 178 of the Agriculture and Marketing Act Certificate of Approval (subsection 3(2) of the Regulations Act) I hereby approve the repeal by the Nova Scotia Community Pasture Board of the regulations respecting community pastures made by the Minister of Agriculture and Marketing on July 18, 1997, in accordance with a resolution adopted by the Nova Scotia Community Pasture Board at their meeting on December 17, 2004, a certificate attesting to which is attached. Signed at Halifax, Nova Scotia, February 2, 2005. Sgd.

Chris d’Entremont Honourable Chris A. d’Entremont Minister of Agriculture and Fisheries ------------------------------------------------------------------------------------------------------ Certificate of Resolution made under

Section 178 of the Agriculture and Marketing Act I hereby certify that the Nova Scotia Community Pasture Board, at its meeting on December 17, 2004, carried a motion to repeal the regulations respecting community pastures made by the Minister of Agriculture and Marketing on July 18, 1997. Signed at Bible Hill, Nova Scotia, January 25, 2005. Sgd. Hank Kolstee Hank Kolstee

N.S. Reg. 79/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 6 © NS Registry of Regulations. Web version. 169 N.S. Reg. 79/2005 Made: March 14, 2005 Filed: March 16, 2005 Temporary Breakdown Permits Regulations Order dated March 14, 2005 Regulations made by the Minister of Service Nova Scotia and Municipal Relations pursuant to subsection 13(3) of the Motor Vehicle Act In the Matter of Subsection 13(3) of

Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act - and - In the Matter of New Regulations Respecting Temporary Breakdown Permits Order I, Barry Barnet, Minister of Service Nova Scotia and Municipal Relations for the Province of Nova Scotia, pursuant to subsection 13(3) of

Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act, hereby make new regulations respecting breakdown permits in the manner set forth below, effective on and after April 4, 2005. Dated and made at Halifax Regional Municipality, Province of Nova Scotia, 14th March, 2005. Sgd. Barry Barnet Honourable Barry Barnet Minister of Service Nova Scotia and Municipal Relations Regulations Respecting Breakdown Permits made by the Minister of Service Nova Scotia and Municipal Relations under subsection 13(2) of

Chapter 293 of the Revised Statutes of Nova Scotia, the Motor Vehicle Act Citation 1 These regulations may be cited as the Temporary Breakdown Permits Regulations.

Definitions 2 In these regulations, (a) “disabled vehicle” means a vehicle with a valid, unexpired commercial or International Registration Plan registration that has broken down and, because of mechanical difficulties, can no longer operate, or is being serviced and therefore not in operation. (b) “replacement vehicle” means a vehicle that temporarily replaces a disabled vehicle in accordance with these regulations; (c) “temporary breakdown permit” means a permit issued by the Registry of Motor Vehicles to a replacement vehicle to allow a vehicle that would not otherwise be permitted to operate in the

N.S. Reg. 79/2005 - 80/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 6 170 © NS Registry of Regulations. Web version. same manner as a disabled vehicle to operate temporarily in replacement for the disabled vehicle. Temporary breakdown permit 3( 1 ) A replacement vehicle may be issued a temporary breakdown permit.

(2) A temporary breakdown permit is valid for up to 15 days. Replacement vehicles 4( 1 ) A replacement vehicle must have a valid, unexpired commercial or International Registration Plan registration and a license plate from a Canadian or U.S. jurisdiction.

(2) A replacement vehicle and the disabled vehicle it replaces may be registered in different names. Documentation required to be carried in replacement vehicle 5 The following must be carried in a replacement vehicle while the vehicle is operating under authority of a temporary breakdown permit: (

a) the original license plate issued to the disabled vehicle that it replaced; (

b) the vehicle permit and cab card issued to the disabled vehicle that it replaced; and (

c) the temporary breakdown permit. N.S. Reg. 80/2005 Made: March 17, 2005 Filed: March 18, 2005 Proclamation, S. 3, S.N.S. 2004, c. 47 Order in Council 2005-107 dated March 17, 2005 Proclamation made by the Governor in Council pursuant to

Section 3 of

An Act to Amend

Chapter 475 of the Revised Statutes, 1989, the Trade Union Act The Governor in Council on the report and recommendation of the Minister of Environment and Labour dated February 18, 2005, pursuant to

Section 3 of

Chapter 47 of the Acts of 2004,

An Act to Amend

Chapter 475 of the Revised Statutes, 1989, the Trade Union Act, is pleased to order and declare by proclamation that

Chapter 47 of the Acts of 2004,

An Act to Amend

Chapter 475 of the Revised Statutes, 1989, the Trade Union Act, come into force on and not before March 17, 2005. PROVINCE OF NOVA SCOTIA Sgd: J. Michael MacDonald 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.

N.S. Reg. 80/2005 - 81/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 6 © NS Registry of Regulations. Web version. 171 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 47 of the Acts of 2004,

An Act to Amend

Chapter 475 of the Revised Statutes, 1989, the Trade Union 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 47 of the Acts of 2004,

An Act to Amend

Chapter 475 of the Revised Statutes, 1989, the Trade Union Act, come into force on and not before March 17, 2005; 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 47 of the Acts of 2004,

An Act to Amend

Chapter 475 of the Revised Statutes, 1989, the Trade Union Act, come into force on and not before March 17, 2005, 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 His Honour the Honourable J. Michael MacDonald, Administrator of the Government of the Province of Nova Scotia.

AT The Law Courts in the Halifax Regional Municipality, this 17 th day of March, in the year of Our Lord two thousand and five and in the fifty-third year of Our Reign. BY COMMAND: Sgd: Michael G. Baker Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 81/2005 Made: March 17, 2005 Filed: March 18, 2005 Proclamation, S. 2, S.N.S. 2004, c. 39 Order in Council 2005-108 dated March 17, 2005 Proclamation made by the Governor in Council pursuant to

Section 2 of

An Act to Amend

Chapter 260 of the Revised Statutes, 1989, the Liquor Control Act

N.S. Reg. 81/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 6 172 © NS Registry of Regulations. Web version. The Governor in Council on the report and recommendation of the Minister responsible for the Nova Scotia Liquor Corporation dated February 8, 2005, pursuant to

Section 2 of

Chapter 39 of the Acts of 2004,

An Act to Amend

Chapter 260 of the Revised Statutes, 1989, the Liquor Control Act, is pleased to order and declare by proclamation that

Chapter 39 of the Acts of 2004,

An Act to Amend

Chapter 260 of the Revised Statutes, 1989, the Liquor Control Act, come into force on and not before March 17, 2005. PROVINCE OF NOVA SCOTIA Sgd: J. Michael MacDonald 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 2 of

Chapter 39 of the Acts of 2004,

An Act to Amend

Chapter 260 of the Revised Statutes, 1989, the Liquor Control Act, it is enacted as follows: 2 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 39 of the Acts of 2004,

An Act to Amend

Chapter 260 of the Revised Statutes, 1989, the Liquor Control Act, come into force on and not before March 17, 2005; 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 39 of the Acts of 2004,

An Act to Amend

Chapter 260 of the Revised Statutes, 1989, the Liquor Control Act, come into force on and not before March 17, 2005, 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 His Honour the Honourable J. Michael MacDonald, Administrator of the Government of the Province of Nova Scotia.

AT The Law Courts in the Halifax Regional Municipality, this 17 th day of March, in the year of Our Lord two thousand and five and in the fifty-third year of Our Reign. BY COMMAND: Sgd: Michael G. Baker Provincial Secretary Minister of Justice and Attorney General