Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 29, No. 17 September 16, 2005 Contents Act Reg. No. Page Income Tax Act S p o r t a n d R e c r e a t i o n A c t i v i t y D e s i g n a t i o n R e g u l a t i o n s ...........................168/2005 436 Justice Administration Amendment

(2004) Act Proclamation, S. 32(1), S.N.S. 2004, c. 6 – S. 14 ................................ 169/2005 436 Justice Administration Amendment

(2005) Act Proclamation, S. 21(1), S.N.S. 2005, c. 8 – S. 3-6, 16, 19-20 ....................... 170/2005 438 Labour Standards Code General Labour Standards Regulations – amendment ............................. 171/2005 439 M i n i m u m W a g e O r d e r ( C o n s t r u c t i o n a n d P r o p e r t y M a i n t e n a n c e ) – a m e n d m e n t ........172/2005 445 Medical Act C o l l e g e o f P h y s i c i a n s a n d S u r g e o n s R e g i s t r a t i o n R e g u l a t i o n s ......................173/2005 445 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. 168/2005 - 169/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 17 436 N.S. Reg. 168/2005 Made: August 19, 2005 Filed: August 24, 2005 Sport and Recreation Activity Designation Regulations Order in Council 2005-368 dated August 19, 2005 Regulations made by the Governor in Council pursuant to

Section 12A of the Income Tax Act The Governor in Council on the report and recommendation of the Minister of Finance dated July 10, 2005, and pursuant to

Section 12A of

Chapter 217 of the Revised Statutes of Nova Scotia, 1989, the Income Tax Act, is pleased to make regulations designating sport or recreational activities in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation effective on and after August 19, 2005.

Schedule “A” Regulations Respecting the Sport and Recreation Activity Designation made by the Governor in Council pursuant to subsection 12A(4) of

Chapter 217 of the Revised Statutes of Nova Scotia, 1989, the Income Tax Act Citation 1 These regulations may be cited as the Sport and Recreation Activity Designation Regulations. Definition 2 In these regulations, “Act” means the Income Tax Act. Designation 3 For the purposes of the deduction provided for in

Section 12A of the Act, a designated sport or recreation activity means a sport, physical recreation or physical activity program or organization that is registered with the Nova Scotia Office of Health Promotion before December 31 of the applicable taxation year. N.S. Reg. 169/2005 Made: August 26, 2005 Filed: August 29, 2005 Proclamation, S. 32(1), S.N.S. 2004, c. 6 Order in Council 2005-379 dated August 26, 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 Justice dated August 4, 2005, 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, 1989, the

Interpretation Act, is pleased to order and declare by proclamation that

Section 14 of

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

(2004) Act, come into force on and not before August 26, 2005.

N.S. Reg. 169/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 17 437 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 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

Section 14 of

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

(2004) Act, come into force on and not before August 26, 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

Section 14 of

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

(2004) Act, come into force on and not before August 26, 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 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 26 th day of August, in the year of Our Lord two thousand and five and in the fifty-fourth year of Our Reign. BY COMMAND: Sgd: Michael G. Baker Provincial Secretary Minister of Justice and Attorney General

N.S. Reg. 170/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 17 438 N.S. Reg. 170/2005 Made: August 26, 2005 Filed: August 29, 2005 Proclamation, S. 21(1), S.N.S. 2005, c. 8 Order in Council 2005-380 dated August 26, 2005 Proclamation made by the Governor in Council pursuant to subsection 21(1) of the Justice Administration Amendment

(2005) Act The Governor in Council on the report and recommendation of the Minister of Justice dated August 4, 2005, pursuant to subsection (1) of

Section 21 of

Chapter 8 of the Acts of 2005, the Justice Administration Amendment

(2005) Act, and subsection (7) of

Section 3 of

Chapter 235 of the Revised Statutes, 1989, the

Interpretation Act, is pleased to order and declare by proclamation that Sections 3 to 6, 16, 19 and 20 of

Chapter 8 of the Acts of 2005, the Justice Administration Amendment

(2005) Act, come into force on and not before August 26, 2005. 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 subsection (1) of

Section 21 of

Chapter 8 of the Acts of 2005, the Justice Administration Amendment

(2005) Act, it is enacted as follows: 21

(1) This Act, except Sections 7 and 8, comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that Sections 3 to 6, 16, 19 and 20 of

Chapter 8 of the Acts of 2005, the Justice Administration Amendment

(2005) Act, come into force on and not before August 26, 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 3 to 6, 16, 19 and 20 of

Chapter 8 of the Acts of 2005, the Justice Administration Amendment

(2005) Act, come into force on and not before August 26, 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 Her Honour the Honourable Myra A. Freeman, Lieutenant Governor of the Province of Nova Scotia.

N.S. Reg. 170/2005 - 171/2005 to 172/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 17 439 AT Our Government House in the Halifax Regional Municipality, this 26th day of August, in the year of Our Lord two thousand and five and in the fifty-fourth year of Our Reign. BY COMMAND: Sgd: Michael G. Baker Provincial Secretary Minister of Justice and Attorney General N.S.

Reg. 171/2005 to 172/2005 Made: August 26, 2005 Filed: August 29, 2005 General Labour Standards Regulations and Minimum Wage Order (Construction and Property Maintenance) Order in Council 2005-383 dated August 26, 2005 Amendments to regulations made by the Governor in Council pursuant to subsection 4(2), and Sections 7, 50 and 52 of the Labour Standards Code The Governor in Council on the report and recommendation of the Minister of Environment and Labour dated July 13, 2005, is pleased, effective on and after August 26, 2005: (

a) pursuant to

Section 7 of

Chapter 246 of th e Revised Statutes of Nova Scotia, 1989, the Labour Standards Code, 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 change the forms and update the service options, in the manner set forth in

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

b) pursuant to subsection 4(2) and Sections 50 a nd 52 of

Chapter 246 of the Revised Statutes of Nova Scotia, 1989, the Labour Standards Code, to amend the Minimum Wage Order (Construction and Property Maintenance), N.S. Reg. 202/2003, made by the Governor in Council by Order in Council 2003-507 dated November 28, 2003, to provide for the consistent treatment of professionals, in the manner set forth in

Schedule “B” attached to and forming part of the report and recommendation. N.S. Reg. 171/2005 Labour Standards Regulations

Schedule “A” Amendments to the Regulations Respecting Labour Standards made by the Governor in Council pursuant to

Section 7 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 repealing

Section 3 and substituting the following Section:

N.S. Reg. 171/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 17 440 3( 1 ) In addition to the methods set out in subsection 8(2) of the Code, a document may be served or delivered to the party’s last known physical or computer address by any of the following methods: (

a) delivering or mailing the document by prior ity post, registered mail or another similar special delivery mail; (

b) transmitting a copy of the document by facsimile; (

c) transmitting a copy of the document by e-mail or electronic document exchange.

(2) If the Code, these regulations or the Tribunal’s Rules of Procedure provide for a time limit running from the service of any document, and the service is by way of priority post, registered mail or another similar special delivery mail, the time limit is deemed to run from the time of the first attempt to serve the document, or notice that the document is being held, to the party’s last known address. 2 Clause 4(1)(

b) of the regulations is re pealed and the following clause substituted: (

b) if the document is mailed or transmitted and is pr operly addressed to the Director or to the Tribunal, as the case may be, at the time the document is mailed or transmitted. 3 Sections 5, 6 and 7 of the regulations are repealed and the following Sections substituted: Complaint to Director 5( 1 ) A complaint to the Director referred to in subsection 21(1) of the Code may be in Form 1.

(2) If the Director receives a complaint and is of the opinion that any of the following apply, the Director must notify the complainant to that effect: (

a) the time limits in

Section 21 or S ection 81 of the Code have lapsed; (

b) the complainant has taken, or could have taken, other action as specified by

Section 82 of the Code; (

c) there has been no failure to comply with the Code.

(3) A notice under subsection (2) must include information about the complainant’s right to make a complaint to the Tribunal in accordance with

Section 23 of the Code and the time limits for making the complaint. Complaint to Tribunal 6( 1 ) A complaint to the Tribunal in accordance with

Section 23 of the Code must be in Form 2.

(2) A complainant has 10 days from the date of service of a notice from the Director under

Section 5 to make a complaint to the Tribunal in accordance with

Section 23 of the Code.

(3) A complainant who does not receive a notice under

Section 5 or an order under subsection 21(3) of the Code within one month from the date their complaint was filed has 10 days from the end of that month to make a complaint to the Tribunal in accordance with

Section 23 of the Code.

N.S. Reg. 171/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 17 441

(4) Despite subsections (2) and (3), but subject to Sections 21 and 81 of the Code, at any time before or after the time for making a complaint to the Tribunal has lapsed, the Tribunal may extend the time for making the complaint.

(5) A complaint made in writing to the Director as required by subsection 23(2) of the Code to support a complaint to the Tribunal must be in Form 1. Appeal of Director’s order 7( 1 ) A copy of an order made by the Director under subsection 21(3) of the Code must (

a) be served on the party against whom the order is made; and (

b) provide information on appeals and the time limits for appeals to the Tribunal.

(2) An appeal from an order of the Director made to the Tribunal under subsection 21(5) of the Code must be in Form 2. 4 The regulations are further amended by repeali ng Appendix “A”- Forms and substituting the attached

Schedule A.

Schedule A Form 1 - Complaint (subsections 5(1) and 6(4) of the regulations under the Labour Standards Code) Complaint Form Form 1

Section A: Employee Information Full name Address Town/City, Province Postal code Home telephone no. Work telephone no. Fax no. (if available) e-mail (if available)

Section B: Employer Information Full name (person or legal business name) Contact person and position Address Town/City, Province Postal code Telephone no. Fax no. (if available) Type of business I am the G employee G employer

Section C: Employment Information Employee’s job/title/occupation Employee’s first day of work? ______________________________ Last day of work? _______________________________ Complete and return to Labour Standards within 6 months of incident occurring.

N.S. Reg. 171/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 17 442 Does the employee still work for this employer? G Yes G No Employee’s hourly rate of pay/salary Hours per week Employee’s S.I.N. Is this a union position? G Yes G No If yes, name the union

Section D: Your Complaint Use the space below to describe your complaint in detail. (Attach additional pages if necessary.) What is the total amount of money you are claiming? From which date(

s) is this money owed? From _________________ to _________________ (dd/mm/yy) (dd/mm/yy) If you have documents and records to support your claim, please attach copies to this form.

Section E: Other Questions If you are not seeking money, what are you seeking? Did occupational health and safety play a role in this matter? G Yes G No If yes, contact Occupational Health and Safety immediately at 424-5400 or toll free at 1-800-952-2687. Complaints must be filed within 30 days of incident occurring. Have you taken other legal action against your employer/employee (e.g., Small Claims Court)? G Yes G No If you are a union member, is there a grievance process as part of your collective agreement? G Yes G No

N.S. Reg. 171/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 17 443 I certify that all information provided on this form is true and correct to the best of my knowledge. I understand that all information in my file can be shared with both myself and my employer/employee. Signature Date (dd/mm/yy) Return to: Labour Standards, 5151 Terminal Road, 7 th Floor, P.O. Box 697, Halifax, NS B3J 2T8 or fax to: 1-902-424-0648 For more information call: 424-4311 (in the Halifax area) 1-888-315-0110 (Toll free everywhere else in N.S.) Form 2 - Appeal (subsections 6(1) and 7(2) of the regulations under the Labour Standards Code) Appeal Form Form 2

Section A: Employee Information Full name Address Town/City Postal code Home telephone no. Business telephone no. Fax no. (if available) e-mail (if available)

Section B: Employer Information Business name/Employer’s name Contact name (if applicable) and position Address Town/City Postal code Home telephone no. Business telephone no. Type of business I am the G employee G employer

Section C: Type of Appeal I am appealing: (Please check the appropriate box.) 1) G an Order of the Director of Labour Standards dismissing my complaint. Provide the following documents with this Form: 1. a copy of the Director’s Order 2. your written complaint in Form 1 3. any other documents relating to your appeal/complaint. Complete and return to the Labour Standards Tribunal within 10 days of receipt of Labour Standards

N.S. Reg. 171/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 17 444 2) G an Order of the Director of Labour Standards ordering monies paid. Provide the following documents with this Form: 1. a copy of the Director’s Order 2. any other documents relating to your appeal/complaint. 3) G a decision from the Labour Standards Division not to proceed with my complaint. Provide the following documents with this Form: 1. a copy of the letter setting out the Division’s decision not to proceed. 2. your written complaint in Form 1 4) G because 1 month has elapsed since I made my initial complaint and no decision has been made. Provide the following document with this Form: 1. your written complaint in Form 1

Section D: Additional Information About Your Appeal This complaint is about: (Please check all that apply below.) G vacation pay G holidays with pay G pregnancy/parental leave G bereavement and court leave G termination of employment G compassionate care leave G protection of pay G minimum wage G other (specify) Date of alleged violation of the Labour Standards Code dd/mm/yy Date you filed your complaint with the Labour Standards Division dd/mm/yy Date you received Director’s Order or decision of the Labour Standards Division dd/mm/yy Describe your reasons for appealing in the space provided below. (Attach additional pages if necessary.) I certify that all information provided on this form is true and correct to the best of my knowledge. , of , , , 20 signature city/town province month and day Submit to: Labour Standards Tribunal, 5151 Terminal Road, 7th Floor, P.O.

Box 697, Halifax, NS B3J 2T8 Or fax to: 1-902-424-1744 For more information call: 424-6730

N.S. Reg. 172/2005 - 173/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 17 445 N.S. Reg. 172/2005 Minimum Wage Order (Construction and Property Maintenance)

Schedule “B” Amendment to the Minimum Wage Order (Construction and Property Maintenance) made by the Governor in Council pursuant to subsection 4(2) and Sections 50 and 52 of

Chapter 246 of the Revised Statutes of Nova Scotia, 1989, the Labour Standards Code Subsection 2(2) of the Minimum Wage Order (Construction and Property Maintenance), N.S. Reg. 202/2003, made by the Governor in Council by Order in Council 2003-507 dated November 28, 2003, is amended by (

a) striking out “and” in clause (c); (

b) striking out “and” in clause (d); (

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

e) and substituting a semi-colon; and (

d) adding the following clauses immediately after clause (e): (

f) employees who are duly qualified practitioners , students or professionals exempted under subsection 2(2), (2A) or (2C) of the regulations respecting labour standards; and (

g) employees who are supervisors or managers or who hold confidential positions exempted under subsection 2(2B) of the regulations respecting labour standards. N.S. Reg. 173/2005 Made: August 26, 2005 Filed: August 31, 2005 College of Physicians and Surgeons Registration Regulations Order in Council 2005-394 dated August 26, 2005 Amendment to regulations made by the Governor in Council pursuant to subsection 6(3) of the Medical Act The Governor in Council on the report and recommendation of the Minister of Health dated August 23, 2005, and pursuant to subsection 6(3) of

Chapter 10 of the Acts of 1995-96, the Medical Act, is pleased to approve of amendments made by the Council of the College of Physicians and Surgeons of Nova Scotia to the College of Physicians and Surgeons Registration Regulations, N.S. Reg 141/96, made by the College of Physicians and Surgeons of Nova Scotia and approved by the Governor in Council by Order in Council 96-638 dated August 28, 1996, that amend the requirements for a defined licence in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after August 26, 2005.

Schedule “A” I certify that the Council of the College of Physicians and Surgeons of Nova Scotia at its meeting on July 21, 2005, carried a motion to amend the College of Physicians and Surgeons Registration Regulations, N.S. Reg.

N.S. Reg. 173/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 17 446 141/96, made by the College of Physicians and Surgeons on May 9, 1996, and approved by Governor in Council by Order in Council 96-638 dated August 28, 1996, with respect to the requirements for a defined licence, in the manner set forth in the attached. The amendments are effective on and after the date they are approved by Governor in Council. Signed at Halifax, Nova Scotia on July 21, 2005. College of Physicians and Surgeons of Nova Scotia Per: C. Little Cameron D.

Little, MD, LLB, FRCPC Registrar and CEO College of Physicians and Surgeons of Nova Scotia Amendment to the College of Physicians and Surgeons Registration Regulations made by the College of Physicians and Surgeons of Nova Scotia pursuant to subsection 6(3) of

Chapter 10 of the Acts of 1995-96 the Medical Act The College of Physicians and Surgeons Registration Regulations, N.S. Reg. 141/96, made by the College of Physicians and Surgeons of Nova Scotia and approved by the Governor in Council by Order in Council 96-638 dated August 28, 1996, are amended by repealing Sections 14 and 15 and substituting the following Sections: 14 An applicant for registration in the Defined Register under

Section 25 of the Act who is not eligible for full registration, registration in the Temporary Register or registration in the Medical Education Register must (

a) be a graduate in medicine from a univers ity or school of medicine approved by the Council; (

b) have post graduate training appropriate for the practice and approved by the Council; (

c) have a sponsor who is appr oved in writing by the Council; (

d) for the initial year as a registrant on the Defined Register, have a mentor who is approved in writing by the Council; (

e) pass examinations acceptable to the Council; (

f) have appropriate malpractice insurance or membership in a protective association and provide proof of this as required by the Registrar; and (

g) comply with any requirements considered necessary by Council. 14A Following the initial year as a registrant on the Defined Register, the Council may require the registrant to have a mentor approved in writing by the Council for a further period of time as determined by the Registrar. 15 A sponsor of a registrant in the Defined Register must (

a) have full registration with the College; (

b) reside in the Province;

N.S. Reg. 173/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 17 447 (

c) be nominated by the district health authority in which the registrant will be practising and approved by the Council; (

d) arrange for and approve in writing the regist rant’s mentor required by clause 14(

d) and, if applicable, by

Section 14A; (

e) report in writing on a yearly basis, or as considered necessary by the Council, on the performance of the registrant; (

f) notify the Council promptly if they have c oncerns about the practice of the registrant; and (

g) comply with any requirements considered necessary by the Council. 15A A mentor for a registrant in the Defined Register must (

a) have full registration with the College; (

b) reside in the Province; (

c) be engaged in a scope of practice comparable to the registrant; (

d) practise medicine in the same district health authority as the registrant’s sponsor and the registrant; (

e) be approved in writing as a mentor by the registrant’s sponsor and the Council; (

f) report regularly to the registrant’s spons or on the performance of the registrant and report to the Council as required by the Council on the performance of the registrant; (

g) notify the Council promptly if they are concerned about the practice of the registrant; and (

h) comply with any requirements considered necessary by the Council.