Proclamation, S. 6, S.N.S. 2009, c. 7 Order in Council 2010-242 dated June 22, 2010

N.S. Reg. 83/2010

Nova Scotia — Gazette

© NS Registry of Regulations. Web version. 899

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 34, No. 15 July 16, 2010 Contents Act Reg. No.

Page Agricultural Marshland Conservation Act Proclamation of amendments to Act, S. 6, S.N.S. 2009, c. 7 ........................ 8 3 / 2010 901 Building Code Act N o v a S c o t i a B u i l d i n g C o d e R e g u l a t i o n s – a m e n d m e n t ............................. 9 6 /2010 936 Cape Breton Island Marketing Levy Act Proclamation, S. 5, S.N.S. 2005, c. 63–except S. 3(6) and 3(7)(g) ................... 101/2010 951 Engineering Profession Act Proclamation of amendments to Act, S. 7, S.N.S. 2009, c. 13 ....................... 102/2010 952 By-laws of the Association of Professional Engineers of Nova Scotia–amendment ...... 103/2010 953 Gaming Control Act and Provincial Finance Act Nova Scotia Harness Racing Incorporated Regulations–repeal and Nova Scotia Harness Racing Fund Regulations .................................. 9 9 / 2010 944 Health Services and Insurance Act Pharmacare Tariff Regulations–amendment .................................... 9 8 / 2010 942 Insurance Act A u t o m o b i l e A c c i d e n t M i n o r I n j u r y R e g u l a t i o n s ................................. 9 4 /2010 930 A u t o m o b i l e I n s u r a n c e T o r t R e c o v e r y L i m i t a t i o n R e g u l a t i o n s – a m e n d m e n t ............ 9 3 /2010 929 Liquor Control Act Liquor Licensing Regulations–amendment ..................................... 100/2010 946 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 9 7 / 2010 940 Prescribed Petroleum Products Prices ......................................... 104/2010 956

900 © NS Registry of Regulations. Web version. Table of Contents (cont.) Royal Gazette

Part II - Regulations Vol. 34, No. 15 Provincial Finance Act and Gaming Control Act Nova Scotia Harness Racing Incorporated Regulations–repeal and Nova Scotia Harness Racing Fund Regulations .................................. 9 9 / 2010 944 Sales Tax Act S a l e s T a x A c t R e g u l a t i o n s – a m e n d m e n t........................................ 9 2 / 2010 923

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 .............................. 9 5 /2010 934 Wildlife Act B e a 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 ...................................... 8 5 / 2010 905 D e e r H u n t i n g R e g u l a t i o n s – a m e n d m e n t ........................................ 9 1 / 2010 913 F i r e a r m a n d B o w R e g u l a t i o n s – a m e n d m e n t ..................................... 8 4 / 2010 902 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 ....................................... 8 7 / 2010 907 G e n e r a l W i l d l i f e R e g u l a t i o n s – a m e n d m e n t ..................................... 8 9 / 2010 911 G u i d e R e g u l a t i o n s – a m e n d m e n t .............................................. 8 8 / 2010 910 H u n t e r E d u c a t i o n , S a f e t y a n d T r a i n i n g R e g u l a t i o n s – a m e n d m e n t .................... 8 6 /2010 906 M o o s e H u n t i n g R e g u l a t i o n s – a m e n d m e n t ...................................... 9 0 / 2010 912 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. 83/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 © NS Registry of Regulations. Web version. 901 N.S. Reg. 83/2010 Made: June 22, 2010 Filed: June 24, 2010 Proclamation, S. 6, S.N.S. 2009, c. 7 Order in Council 2010-242 dated June 22, 2010 Proclamation made by the Governor in Council pursuant to

Section 6 of

An Act to Amend

Chapter 22 of the Acts of 2000, the Agricultural Marshland Conservation Act The Governor in Council on the report and recommendation of the Minister of Agriculture dated June 3, 2010, and pursuant to

Section 6 of

Chapter 7 of the Acts of 2009,

An Act to Amend

Chapter 22 of the Acts of 2000, the Agricultural Marshland Conservation Act, is pleased to order and declare by proclamation

Chapter 7 of the Acts of 2009,

An Act to Amend

Chapter 22 of the Acts of 2000, the Agricultural Marshland Conservation Act, do come into force on and not before June 22, 2010. PROVINCE OF NOVA SCOTIA sgd: Mayann E. Francis 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, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 6 of

Chapter 7 of the Acts of 2009,

An Act to Amend

Chapter 22 of the Acts of 2000, the Agricultural Marshland Conservation Act, it is enacted as follows: 6 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 7 of the Acts of 2009,

An Act to Amend

Chapter 22 of the Acts of 2000, the Agricultural Marshland Conservation Act, do come into force on and not before June 22, 2010; 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 7 of the Acts of 2009,

An Act to Amend

Chapter 22 of the Acts of 2000, the Agricultural Marshland Conservation Act, do come into force on and not before June 22, 2010, 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 Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia.

N.S. Reg. 83/2010 - 84/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 902 © NS Registry of Regulations. Web version. AT Our Government House in the Halifax Regional Municipality, this 22nd day of June in the year of Our Lord two thousand and ten and in the fifty- ninth year of Our Reign. BY COMMAND: sgd: Ross Landry Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 84/2010 Made: June 22, 2010 Filed: June 24, 2010 Firearm and Bow Regulations Order in Council 2010-244 dated June 22, 2010 Amendment to regulations made by the Governor in Council pursuant to

Section 113 of the Wildlife Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated May 25, 2010, and pursuant to

Section 113 of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act, is pleased to amend the Firearm and Bow Regulations, N.S. Reg. 144/89, made by the Governor in Council by Order in Council 89-837 dated July 18, 1989, to make changes to the types of weapons permitted, change the requirement for weapons to be encased in a vehicle, allow employees of the Department to discharge weapons when required and allow a disabled hunter greater independence, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 22, 2010.

Schedule “A” Amendment to the Firearm and Bow Regulations made by the Governor in Council pursuant to

Section 113 of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act 1 Clause 2(

c) of the Firearm and Bow Regulations, N.S. Reg. 144/89, made by the Governor in Council by Order in Council 89-837 dated July 18, 1989, is amended by striking out “, the trailing edge of which shall approach the shaft of the arrow at an angle of no less than 90 degrees towards the nock end of the arrow”. 2

Section 3 of the regulations is amended by (

a) striking out “at any time in a wildlife habitat” and substituting “any of the following at any time in a wildlife habitat:” (

b) striking out “; or” at the end of clause (

c) and substituting a period; and (

c) repealing clause (e). 3 (1) Clause 4(1)(

b) of the regulations is amended by

N.S. Reg. 84/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 © NS Registry of Regulations. Web version. 903 (

a) adding “.410,” immediately before “28”; and (

b) adding “or shot having a diameter of .24 in. or 6.10 mm (AAA or No. 4 Buckshot) or larger” immediately after “using a single projectile”. (2) Subsection 4(1) of the regul ations is further amended by (

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

d) and substituting a semi-colon; and (

b) adding the following clause immediately after clause (d): (

e) a crossbow with a minimum draw weight of 68 kg (150 lbs) and bolts with heads measuring more than 2.2 cm in diameter. 4 Subsection 4(2) of the regulations is amended by (

a) repealing clause (ab); and (

b) adding “or crossbow” immediately after “with a firearm” in clause (b). 5 Subsection 4(3) of the regulations is amended by (

a) striking out “a a rim fire rifle” and substituting “a rim fire rifle”; and (

b) striking out “or bow” and substituting “, bow or crossbow”. 6 Subsection 4(4) of the regulations is amended by striking out “firearm, crossbow, bow” and substituting “weapon”. 7 Subsection 5(1) of the regulations is amended by (

a) striking out “having a diameter not greater than .24 inches (AAA or No. 4 Buckshot)” in clause (a); (

b) striking out “or” at the end of clause (aa); (

c) striking out “arrow with or without a broadhead .” in clause (

b) and substituting “arrows with or without broadheads;”; and (

d) adding the following clause immediately after clause (b): (

c) a crossbow and bolts or arro ws with or without broadheads. 8 Subsection 5(3) of the regulations is amended by striking out “firearm, bow and” and substituting “weapon,”. 9 Subsection 6(1) of the regulations is amended by (

a) striking out “having a diameter not greater than .24 inches (AAA or No. 4 Buckshot)” in clause (a); (

b) striking out “arrow with or without a broadh ead” in clause (

b) and substituting “arrows with or without broadheads”; and (

c) adding the following clause immediately after clause (b):

N.S. Reg. 84/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 904 © NS Registry of Regulations. Web version. (ba) a crossbow and bolts or arrows with or without broadheads; 10 Subsection 6(3) of the regulations is amended by striking out “a firearm, bow” and substituting “any weapon”. 11 Subsection 6(4) of the regulations is amended by striking out “firearm, bow” and substituting “weapon”. 12 Subsection 7(2) of the regulations is amended by (

a) striking out “having a diameter not greater than .24 inches (AAA or No. 4 Buckshot)” in clause (a); and (

b) striking out “arrow fitted with a broadhead” in clause (

c) and substituting “arrows fitted with broadheads”; and (

c) adding the following clause immediately after clause (b): (ba) a crossbow and bolts or arrows fitted with broadheads; 13 Subsection 7(3) of the regulations is amended by (

a) striking out “arrow fitted with a broadhead.” in clause (

c) and substituting “arrows fitted with broadheads;”; and (

b) adding the following clause immediately after clause (c): (

d) a crossbow and bolts or arrows fitted with broadheads. 14 Subsection 7(4) of the regulations is amended by striking out “firearm, bow” and substituting “weapon”. 15 Subsection 8(2) of the regulations is amended by a dding “, or at a location at which,” immediately after “during a period when”. 16 Clause 8(4)(

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

a) No person shall possess a weapon in or on a vehicle at night unless it is encased. 17 Subsection 8(5) is amended by adding “or bow” after “firearm” wherever it appears. 18 Subsection 9(10) of the regulations is re pealed and the following subsection substituted:

(10) A disabled person must satisfy a conservation officer, on request, that another person is available to help the disabled person retrieve any wildlife taken by the disabled person. 19 Subsection 11(1) of the regulations is amended by adding “with a weapon” immediately after “wildlife”. 20 Subsection 11(6) of the regulations is amende d by striking out “firearm or bow” and substituting “weapon”. 21 Subsection 11(7) of the regulations is re pealed and the following subsection substituted:

(7) This

Section does not apply to an employee of the Department while discharging the employee’s duties.

N.S. Reg. 85/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 © NS Registry of Regulations. Web version. 905 N.S. Reg. 85/2010 Made: June 22, 2010 Filed: June 24, 2010 Bear Harvesting Regulations Order in Council 2010-245 dated June 22, 2010 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 May 25, 2010, 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 Bear Harvesting Regulations, N.S. Reg. 60/88, made by the Governor in Council by Order in Council 88-349 dated March 29, 1988, to remove the requirement to register bait sites for hunting bear so that setting out bait for bear hunting is consistent with setting out bait for bear snaring and deer hunting, to ensure that the closure of the season for snaring bear coincides with the closure of the general open season for hunting deer to facilitate enforcement, and to make some housekeeping changes, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 22, 2010.

Schedule “A” Amendment to the Bear 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 1T h e Bear Harvesting Regulations, N.S. Reg. 60/88, made by the Governor in Council by Order in Council 88-349 dated March 29, 1988, are amended by (

a) striking out “firearm and bow” wherever it appears and substituting “weapon”; and (

b) striking out “firearm or bow” wherever it appears and substituting “weapon”. 2 Clause 2(

c) of the regulations is repealed. 3 Clause 2(ca) of the regulations is re pealed and the following clause substituted: (ca) “baiting period” means the period of time when bait may be set out for the purpose of attracting bears; 4 Clause 2(

j) of the regulations is re pealed and the following clause substituted: (j) “special baiting permit” means a permit issued by the Department permitting the holder to set out bait for the sole purpose of viewing or photographing bear. 5

Section 3 is amended by adding the following subsection immediately after subsection (2):

(3) The Department may issue a special baiting permit at any time during the year at no charge. 6 Clause 4(6)(

b) is amended by striking out “, as applicable”. 7 Clause 4(7)(

b) is amended by striking out “a” i mmediately before “weapon” and substituting “the”.

N.S. Reg. 85/2010 - 86/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 906 © NS Registry of Regulations. Web version. 8 Subsection 7(2) of the regulations is amended by striking out “one bear” and substituting “two bears”. 9 Subsections 10(2) to (5) of the regulations are repealed and the following subsections substituted:

(2) No person shall set out bait for the purpose of attracting bears within the distances prohibited under the Firearm and Bow Regulations made under the Act for discharging a weapon near a school, dwelling or any other place listed in those regulations, unless the person has the consent of the owner or occupier of the place.

(3) The baiting period for bear, other than for baiting bear under a special baiting permit, is from the first day of August to the end of the general open season for hunting deer in the same year, as established under the Deer Hunting Regulations made under the Act.

(4) The baiting period for bear under a special baiting permit is any time during the year, as specified on the permit. N.S. Reg. 86/2010 Made: June 22, 2010 Filed: June 24, 2010 Hunter Education, Safety and Training Regulations Order in Council 2010-246 dated June 22, 2010 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 May 25, 2010, 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 Hunter Education, Safety and Training Regulations, N.S. Reg. 208/87, made by the Governor in Council by Order in Council 87-1184 dated September 29, 1987, to adjust the requirements for certification to hunt with a crossbow, to require hunters to wear hunter orange at all times while hunting, and to permit the use of camouflage orange, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 22, 2010.

Schedule “A” Amendment to the Hunter Education, Safety and Training 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 1T h e Hunter Education, Safety and Training Regulations, N.S. Reg. 208/87, made by the Governor in Council by Order in Council 87-1184 dated September 29, 1987, are amended by repealing clause 2(e). 2 (1) Clause 8(2)(

e) of the regulations is amended by striking out “or bow” and substituting “, bow or crossbow”. (2) Clause 8(2)(

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

f) for certification to hunt with a crossbow under clause (1)(c), the person

N.S. Reg. 86/2010 - 87/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 © NS Registry of Regulations. Web version. 907 (

i) held both a valid firearm certification and a valid bow certification in the Province before September 1, 2012, (ii) produces proof satisfactory to the Department that they (

A) have been certified to hunt with a crossbow in another jurisdiction, or (

B) have hunted with a crossbow in another jurisdiction in the 5 years immediately before their application to be certified, or (iii) holds a certification to hunt with a firearm or bow and completes a crossbow hunter safety course. 3 (1) Subsection 13(1) of the regulations is amended by (

a) striking out “Subject to subsecti on (3), no” and substituting “No”; and (

b) adding “or camouflage orange” immediately after “solid hunter orange”. (2) Subsection 13(3) of the regulations is re pealed and the following subsection substituted:

(3) In this Section, the following

definitions apply: (a) “camouflage orange” means a broken pattern of colour that contains at least 2581 cm 2 (400 sq. in.) of hunter orange; (b) “hunter orange” means a daylight fluorescent orange colour with a dominant wave length between 595 and 605 nanometers and excitation purity of not less than 85% and illuminous factor of not less than 40%. N.S.

Reg. 87/2010 Made: June 22, 2010 Filed: June 24, 2010 Fur Harvesting Regulations Order in Council 2010-247 dated June 22, 2010 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 May 25, 2010, 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, N.S. Reg. 165/87, made by the Governor in Council by Order in Council 87-956 dated August 18, 1987, to require fur harvesters to submit otter carcasses so that the status of that population can be assessed, to allow the use of proven trap designs, and to amend the list of approved body-gripping traps in accordance with Canada’s commitment under the Agreement on International Humane Trapping Standards, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 22, 2010.

N.S. Reg. 87/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 908 © NS Registry of Regulations. Web version.

Schedule “A” Amendment 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 Clause 2(

d) of the Fur Harvesting Regulations, N.S. Reg. 165/87, made by the Governor in Council by Order in Council 87-956 dated August 18, 1987, is repealed. 2

Section 2 of the regulations is amended by addi ng the following clause immediately after clause (e): (ea) “foot-encapsulating trap” means a foot-holding device specifically designed to catch a raccoon by the foot, by capturing one of the raccoon’s feet inside a shroud that prevents the raccoon from losing the captured foot through self-injury; 3 Subsection 10(1) of the regulations is amended by striking out “a bobcat” and substituting “an otter”. 4 Clause 11(8)(

g) is repealed and the following clause substituted: (

g) a foot-encapsulating trap. 5 Clause 11(14)(

d) is amended by striking out “an egg” and substituting “a foot-encapsulating”. 6

Schedule A to the regulations is repeal ed and the attached

schedule substituted.

Schedule A List of Approved Body-Gripping Traps (Certified under the Canadian Trap Certification Program and Approved for use as Killing Traps for Beaver, Muskrat, Fisher and Raccoon in Nova Scotia) Beaver Body-gripping traps approved for use underwater and on land: Bélisle Classic 330 Bélisle Super X 280 Bélisle Super X 330 B.M.I. 330 Body Gripper B.M.I. 280 Body Gripper Bridger 330 LDL C280 LDL C330 LDL C280 Magnum LDL C330 Magnum Rudy 280 Rudy 330 Sauvageau 1000-11F Sauvageau 2001-11 Sauvageau 2001-12 Sauvageau 2001-08 Species-Specific 330 Dislocator Half Magnum Species-Specific 440 Dislocator Half Magnum Woodstream Oneida Victor Conibear 280 Woodstream Oneida Victor Conibear 330 Duke 330

N.S. Reg. 87/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 © NS Registry of Regulations.

Web version. 909 Fisher Body-gripping traps approved for use on land: Bélisle Super X 120 Bélisle Super X 160 Bélisle Super X 220 Rudy 120 Magnum Rudy 160 Plus Koro #2 Rudy 120 Magnum Rudy 220 Plus LDL C160 Magnum LDL C220 Magnum Sauvageau 2001-5 Sauvageau 2001-6 Sauvageau 2001-7 Sauvageau 2001-8 Raccoon Body-gripping traps approved for use on land: Bélisle Classic 220 Bélisle Super X 160 Bélisle Super X 220 Bélisle Super X 280 B.M.I. 160 Body Gripper B.M.I. 220 Body Gripper B.M.I. 280 Body Gripper B.M.I. 280 Magnum Body Gripper Bridger 120 Bridger 160 Bridger 220 Duke 220 LDL C160 LDL C220 LDL C220 Magnum LDL C280 Magnum Northwood 155 Rudy 160 Rudy 220 Plus Rudy 220 Rudy 160 Plus Sauvageau 2001-6 Sauvageau 2001-7 Sauvageau 2001-8 Species-Specific 220 Dislocator Half Magnum Woodstream Oneida Victor Conibear 160 Woodstream Oneida Victor Conibear 220 Duke 160 Northwoods 155 Muskrat Body-gripping traps approved for use on land: Bélisle Super X 120 B.M.I. 120 B.M.I. 120 Magnum B.M.I. 126 Magnum Bridger 120 Duke 120 Koro Muskrat LDL B120 Magnum Rudy 120 Magnum Rudy 110 Rudy 220 Plus Sauvageau 2001-5 Sauvageau C120 Magnum Sauvageau C120 “Reverse Bend” Triple M Woodstream Oneida Victor Conibear 110 Woodstream Oneida Victor Conibear 120

N.S. Reg. 88/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 910 © NS Registry of Regulations. Web version. N.S. Reg. 88/2010 Made: June 22, 2010 Filed: June 24, 2010 Guide Regulations Order in Council 2010-248 dated June 22, 2010 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 May 25, 2010, 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 Guide Regulations, N.S. Reg. 206/87, made by the Governor in Council by Order in Council 87-1182 dated September 29, 1987, to provide for younger persons to act as guides under supervision, and to make housekeeping changes consistent with departmental policy, effective on and after June 22, 2010.

Schedule “A” Amendment to the Guide 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 Clause 3(1)(

a) of the Guide Regulations, N.S. Reg. 206/87, made by the Governor in Council by Order in Council 87-1182 dated September 29, 1987, is amended by striking out “$33.63” and substituting “$11.21”. 2 Subsection 3(3) of the regulations is ame nded by striking out “is valid until March 31st of the third year of issuance” and substituting “expires annually on March 31”. 3

Section 4 of the regulations is amended by (

a) striking out “nineteen” and substitu ting “16” in subsection (1); and (

b) adding the following subsection immediately after subsection (1): (1A) A person under 19 years of age who holds a registered guide licence may only act as a guide under the supervision of a registered guide who is 19 years of age and over. 4 Subsection 7(3) of the regulations is amended by (

a) striking out “16” a nd substituting “12”; and (

b) adding “guide course or” immediately after “to take a”. 5 Subsection 7(7) of the regulations is repealed.

N.S. Reg. 89/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 © NS Registry of Regulations. Web version. 911 N.S. Reg. 89/2010 Made: June 22, 2010 Filed: June 24, 2010 General Wildlife Regulations Order in Council 2010-249 dated June 22, 2010 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 May 25, 2010, 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 General Wildlife Regulations, N.S. Reg. 205/87, made by the Governor in Council by Order in Council 87-1181 dated September 29, 1987, to remove three species of shrews, which are of conservation concern in Nova Scotia, from the list of wildlife that may be killed for the purpose of preventing damage to property, to amend the fee for obtaining a Wildlife Resources Card, and to prohibit the administration of any drug or chemical to non-captive wildlife without the permission of the Director of Wildlife, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 22, 2010.

Schedule “A” Amendment to the General Wildlife Regulations made by the Governor in Council pursuant to

Section 113 of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act 1 Clause 3(3)(

b) of the General Wildlife Regulations, N.S. Reg. 205/87, made by the Governor in Council by Order in Council 87-1181 dated September 29, 1987, is amended by adding “other than long-tailed shrews, Gaspe shrews and maritime shrews” immediately after “shrews”. 2 Subsection 3C(2) of the regulations is amended by striking out “$6.25” and substituting “$7.00”. 3 The regulations are further amended by adding the following

Section immediately after

Section 5: 5A A person must not administer, attempt to administer or make available any drug, chemical or other substance that is capable of doing any of the following to non-captive wildlife unless the person is authorized to do so by the Director of Wildlife: (

a) chemically marking an animal; or (

b) altering any biological process, function or state of an animal.

N.S. Reg. 90/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 912 © NS Registry of Regulations. Web version. N.S. Reg. 90/2010 Made: June 22, 2010 Filed: June 24, 2010 Moose Hunting Regulations Order in Council 2010-250 dated June 22, 2010 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 May 25, 2010, 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 Moose Hunting Regulations, N.S. Reg. 90/88, made by the Governor in Council by Order in Council 88-405 dated April 20, 1988, to allow companion hunters to be within 2 km of licence holders, to permit a non-motorized hunt in the Pollets Cove-Aspy Fault Wilderness Area, and to increase the fee to enter the moose hunting licence draw, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 22, 2010.

Schedule “A” Amendment to the Moose Hunting 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 Clause 2(ba) of the Moose Hunting Regulations, N.S.

Reg. 90/88, made by the Governor in Council by Order in Council 88-405 dated April 20, 1988, is repealed and the following clause substituted: (ba) “hailing distance” means a distance that permits effective and clear 2-way communication and is not farther than 2 km; 2 Subsection 3(2) of the regulations is amended by adding “, the Moose Management Zone and season applied for” immediately after “Wildlife Resources Card number”. 3 Subsection 3(3) of the regulations is amended by striking out “$6.29” and substituting “$7.25”. 4 Subsection 3(5) of the regulations is rep ealed and the following subsections substituted:

(5) During any calendar year, a person may apply for only the following number of moose hunting stamps: (a) 1 moose hunting stamp to hunt in Moose Management Zone 1, 2, 3 or 4; and (b) 1 moose hunting stamp to hunt in Moose Management Zone 5. 5

(1) Subsection 4(1A) of the regulations is amended by adding “, and each stamp shall specify the zone and season for which the stamp is valid” immediately after “Moose Management Zone”.

(2) Section 4 is further amended by adding the fo llowing subsection immediately following subsection (1A):

N.S. Reg. 90/2010 - 91/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 © NS Registry of Regulations.

Web version. 913 (1B) An applicant who is selected under subsection (1A) for more than 1 moose hunting stamp must choose which stamp they want issued to them, and forfeits any entitlement to the stamp not chosen or compensation in lieu of the stamp not chosen. (3) Subsection 4(2) is amended by striking out “for a particular Moose Management Zone”. (4) Subsection 4(5) of the regulations is amende d by adding “and during the open season” immediately after “Moose Management Zone”. 6 Subsection 5(1B) is repealed and the following subsections substituted: (1B) In Moose Management Zone 5, there shall be an open season for hunting moose from the second last Monday in September to the following Saturday and from the second Monday in October to the following Saturday in any year. (1C) The bag limit for hunting moose is 1 moose regardless of sex. 7 Subsection 10(2) of the regulations is amended by adding “bow, crossbow,” immediately before “rifle”. 8

Schedule “A” to the regulations is amended by a dding the following heading and description immediately after the description of Moose Management Zone 4: Moose Management Zone 5 Moose Management Zone 5 is located within Zone 1 and includes certain lands within Nova Scotia known as the Pollets Cove-Aspy Fault Wilderness Area, as designated under subsection 11(2) of the Wilderness Areas Protection Act and described in

Schedule B to that Act. N.S. Reg. 91/2010 Made: June 22, 2010 Filed: June 24, 2010 Deer Hunting Regulations Order in Council 2010-251 dated June 22, 2010 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 May 25, 2010, and upon notice of a fee increase having been presented to the Clerk of Assembly in accordance with

Section 4 of

Chapter 8 of the Acts of 2007, the Fees Act, 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 Deer Hunting Regulations, N.S. Reg. 59/88, made by the Governor in Council by Order in Council 88-348 dated March 29, 1988, to introduce a fee for Bonus Deer Hunting Stamps, to allow the hunting of antlerless deer in certain zones and to replace the existing 8 deer management zones with 12 new zones for better management of local deer populations in response to habitat conditions, population levels and harvest pressure, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 22, 2010.

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Schedule “A” Amendment to the Deer Hunting 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 Clause 2(

e) of the Deer Hunting Regulations, N.S. Reg. 59/88, made by the Governor in Council by Order in Council 88-348 dated March 29, 1988, is amended by striking out “additional antlered or”. 2 Clause 3(1)(

d) of the regulations is amende d by striking out “$Nil” and substituting “$5”. 3 Subclause 4A(2)(a)(ii) of the regulations is repealed and the following subclause substituted: (ii) antlerless deer, by (

A) holders of Antlerless Deer Hunting Stamps only, (

B) holders of Bonus Deer Hunting Stamps, (

C) all holders of Deer Hunting Stamps; or 4 Clause 4A(4)(

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

b) for Bonus Deer Hunting Stamps issued for the Deer Management Zone, to any person who holds a Deer Hunting Stamp. 5 Clause 5A(1)(

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

c) holds a valid deer hunting stamp and is hunting in a Deer Management Zone for which the Minister has determined all holders of Deer Hunting Stamps may hunt antlerless deer under paragraph 4A(2)(a)(ii)(C). 6 Subsection 5A(1A) of the regulations is repealed. 7

Section 6 of the regulations is amended by adding the following subsection immediately after subsection (2): (2A) Nothing in this

Section prohibits a person from hunting antlerless deer during the open season prescribed under subsection (1) if they meet the requirements of this

Section and subsection 5A(1). 8 The regulations are further amended by repealing

Schedule “A” and substituting the attached

Schedule A.

Schedule A Deer Management Zone 101 includes certain lands within Nova Scotia, and being more particularly described as follows: Beginning at a point in the centre of the Mersey River in Queens County where it intersects with the centre line of Highway No. 103; thence northerly along the centre line of the Mersey River through Lake Rossignol and continuing along the centre line of the Mersey River to the southern boundary of Kejimkujik National Park; thence easterly and northerly following the boundaries of Kejimkujik National

N.S. Reg. 91/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 © NS Registry of Regulations.

Web version. 915 Park to the western boundary of Highway Trunk No. 8 in Annapolis County; thence continuing to the centre line of Highway Trunk No. 8 in Annapolis County; thence northerly along the centre line of Trunk No. 8 to its intersection with the centre line of Highway No. 101 in Annapolis County; thence southwesterly along the centre line of Highway No. 101 to the centre of the Bear River; thence downstream along the centre of Bear River to the Annapolis Basin said point also being the Digby–Annapolis county line; thence northerly along the Digby County line, through the Digby Gut to the Bay of Fundy; thence westerly, southerly and easterly along the coastline of Nova Scotia to the mouth of Liverpool Bay; thence northerly along the centre of said Liverpool Bay to the Mersey River; thence northerly up the centre of said Mersey River to its intersection with the centre line of Highway No. 103 being the place of beginning.

Together with all inland and offshore islands.

Deer Management Zone 102 includes certain lands within Lunenburg and Queens Counties, Nova Scotia and are more particularly described as follows: Beginning at a point on the centre line of the East River, Lunenburg County, where it intersects with the northern most edge of the multi-line power transmission corridor running from Halifax County to Queens County and being approximately 1 km south of Whistler Lake; thence southwesterly along the northern most edge of the said power transmission corridor to an angle point where the power transmission corridor separates into 2 lines; thence, following the north branch of the said transmission corridor southwesterly, passing the Gold River Indian Reserve to the north, continuing on past Lower New Cornwall to an angle point about 1 km west of the LaHave River near Cookville; thence southerly along the western edge of the said corridor, to a juncture point with the transmission line running westerly from Maitland; thence southwesterly along the northern edge of the said transmission corridor, passing to the north of Wiles Lake and Lapland, and extending to the western bank of the Medway River; thence southeasterly downstream following the western bank of the Medway River and the western shoreline of Medway Harbour to a point on the ordinary high water mark east of the navigation light at Medway Head; thence northeasterly in a straight line to a point on the ordinary high water mark of the most southerly part of Toby Island; thence northeasterly in a straight line to a point on the ordinary high water mark of the most southerly part of Cape LaHave Islands at Cape LaHave Point; thence northeasterly in a straight line to a point on the ordinary high water mark of the most eastern point of West Ironbound Island; thence northeasterly in a straight line to a point on the ordinary high water mark of the most eastern point of Cross Island; thence northeasterly in a straight line to a point on the ordinary high water mark of the most eastern point of Big Duck Island; thence northeasterly in a straight line to a point on the ordinary high water mark of the most eastern point of East Ironbound Island; thence northwesterly in a straight line to a point on the ordinary high water mark of the most northeasterly point of Little Tancook Island; thence northwesterly in a straight line to the midpoint of the mouth of East River Bay northwest from East River Point; thence northeasterly in a straight line to a point at the centre line of the mouth of East River; thence northerly following the centre line of East River to the place of beginning.

Together with all inland and offshore islands.

Deer Management Zone 103 includes certain lands within Nova Scotia, and being more particularly described as follows: Beginning at a point in the centre of the Mersey River in Queens County where it intersects with the centre line of Highway No. 103; thence northerly along the centre line of the Mersey River through Lake Rossignol and continuing along the centre line of the Mersey River to the southern boundary of Kejimkujik National Park; thence easterly and northerly following the boundaries of Kejimkujik National Park to the western boundary of Highway Trunk No. 8 in Annapolis County; thence continuing to the centre line of Highway Trunk No. 8 in Annapolis County; thence southeasterly following the various courses of Highway Trunk No. 8 and crossing the Queens County line to the intersection with the centreline of the Old Westfield Road, Authority No. 499; thence northeasterly following the various courses of the centre line of the Old Westfield Road, Authority No. 499, to its intersection with the centre

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Web version. line of Highway No. 208 at North Brookfield; thence following the various courses of the centre line of Highway No. 208, and crossing the county line into Lunenburg County to its intersection with the centre line of Trunk No. 10 in New Germany; thence following the centre line of Trunk No. 10, and crossing the county line into Annapolis County, continuing through Springfield to the intersection with the centre line of the Falkland Ridge Road, Authority No. 566; thence following the centre line of the Falkland Ridge Road No. 566 to its intersection with the centre line of the East Dalhousie Road, Authority No. 567; thence following the centre line of the East Dalhousie Road to its intersection with the Kings–Annapolis county line; thence crossing the Kings–Annapolis county line into Kings County and following the centre line of the East Dalhousie Road, Authority No. 735, to the intersection with the Kings–Lunenburg county line; thence crossing the Kings–Lunenburg county line into Lunenburg County where the East Dalhousie Road name changes to the Forties Road; thence following the centre line of the Forties Road, Authority No. 694, to the intersection of the centre line of the Forties Road and the Windsor Road, Authority No. 686; thence following the various courses of the centre line of the Windsor Road No. 686 to the Lunenburg–Hants county line where the name of the Forties Road changes to the New Ross Road; thence following along the centre line of the New Ross Road, Authority No. 709, to the intersection with the centre line of Trunk 14; thence following the centre line of Trunk 14 to its intersection with the centre line of King Street in the Town of Windsor; thence following the centre line of King Street in a general northwesterly direction to its intersection with the centre line of Upper Water Street; thence following the centre line of Upper Water Street to the intersection with the centre line of Highway No. 101; thence following the centre line of Highway No. 101 to its intersection with the centre line of Highway No. 102 in Halifax County; thence northeasterly following the centre line of Highway No. 102 to a point perpendicular to the north end of the ordinary high water mark of Miller Lake; thence easterly and perpendicular to the centre line of Highway No. 102 to the ordinary high water mark of Miller Lake; thence following the ordinary high water mark of Miller Lake to a small brook joining Miller Lake and Soldier Lake; thence following the various courses of said brook to the western ordinary high water mark of Soldier Lake; thence following the various courses of the said ordinary high water mark of Soldier Lake in a general southerly direction to a brook known as Soldier Lake Gullies; thence following Soldier Lake Gullies in a southeasterly direction to the ordinary high water mark of Lake Major; thence following the western ordinary high water mark of Lake Major in a southeasterly direction to Little Salmon River; thence following the various courses of Little Salmon River to its intersection with the centre line of Highway No. 207; thence following the various courses of Highway No. 207 to its intersection with Lawrencetown Lake or the Atlantic Ocean; thence westerly along the Atlantic Coast to the mouth of the East River in Lunenburg County; thence in a northerly direction along the centre of the East River also being the east boundary of Deer Management Zone 102 to the intersection of the centre of the East River and the northern most edge of the multi-line power transmission corridor running from Halifax County to Queens County and being approximately 1 km south of Whistler Lake (said transmission line being the northern boundary of Deer Management Zone 102); thence southwesterly along the northern most edge of the said power transmission corridor to an angle point where the power transmission corridor separates into 2 lines; thence following the north branch of the said transmission corridor southwesterly, passing the Gold River Indian Reserve to the north, continuing on past Lower New Cornwall to an angle point about 1 km west of the LaHave River near Cookville; thence southerly along the western edge of the said corridor to a juncture point with the transmission line running westerly from Maitland; thence southwesterly along the northern edge of the said transmission corridor, passing to the north of Wiles Lake and Lapland, and extending to the western bank of the Medway River (being the western boundary of Deer Management Zone 102); thence southeasterly downstream following the western bank of the Medway River and the western shoreline of Medway Harbour; thence westerly along the Atlantic coast to the intersection of Liverpool Bay and the centre of the Mersey River; thence northerly upstream along the centre of said Mersey River to its intersection with the centre line of Highway No. 103 being the place of beginning.

Together with all inland and offshore islands.

N.S. Reg. 91/2010 Royal Gazette

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Web version. 917 Deer Management Zone 104 includes certain lands within Nova Scotia, and being more particularly described as follows: Beginning at a point on the centre line of Trunk No. 8 at Lequille, Annapolis County, said point also being on the centre line of a transmission line at or near the intersection of Trunk No. 8 and the West Dalhousie Road, Authority No. 515; thence in a general northeasterly direction following the various courses of the said transmission line to its intersection with the Annapolis–Kings county line; thence in a general northeasterly direction, crossing into the County of Kings and remaining on the centre line of the transmission line to the intersection of the centre line of the transmission line and the centre line of Highway No. 101; thence following the centre line of said Highway No. 101 in a general southeasterly direction to the intersection with the Kings–Hants county line; thence easterly continuing along the centre line of said Highway No. 101, into the County of Hants and crossing the Avon River to its intersection with the centre line of Upper Water Street in the Town of Windsor; thence southerly following the centre line of Upper Water Street to its intersection with the centre line of King Street; thence southeasterly following the centre line of King Street to its intersection with the centre line of Trunk No. 14 (the Chester Road); thence southwesterly following the centre line of Trunk No. 14 (the Chester Road) to its intersection with the centre line of the New Ross Road, Authority No. 709, near Lower Vaughn; thence following the centre line of the New Ross Road No. 709 in a southwesterly direction to the county line between the counties of Hants and Lunenburg; thence crossing the said county line into the County of Lunenburg where the name of the New Ross Road changes to the Windsor Road; thence following the centre line of the Windsor Road, Authority No. 686, across the Gold River to its intersection with the Forties Road, Authority No. 694, at New Ross; thence following the various courses of the centre line of the Forties Road No. 694 to the Lunenburg–Kings county line; thence crossing the county line into Kings County where the name of the Forties Road changes to the East Dalhousie Road; thence following the centre line of the East Dalhousie Road, Authority No. 735, to the Kings–Annapolis county line; thence crossing the county line into Annapolis County and following the centre line of the East Dalhousie Road, Authority No. 567, to its intersection with the centre line of the Falkland Ridge Road, Authority No. 566; thence northwesterly and westerly following the centre line of the Falkland Ridge Road to its intersection with the centre line of Trunk No. 10, 3.3 km northwest of Springfield, Annapolis County; thence following the centre line of Trunk No. 10 in a general southerly direction and crossing the Annapolis–Lunenburg county line, entering into Lunenburg County to the intersection with the centre line of Highway No. 208 at New Germany; thence following the various courses of the centre line of Highway No. 208, Crossing the Lunenburg–Queens county line and entering into Queens County to the intersection of Authority No. 499, the Old Westfield Road, at North Brookfield; thence northwesterly following the various courses of the centre line of the Old Westfield Road No. 499 to the intersection with the centre line of Trunk No. 8; thence in a general northwesterly direction following the various courses of the centre line of Trunk No.8, crossing the Queens–Annapolis county line, and entering into Annapolis County to Lequille, the place of beginning.

Together with all inland and offshore islands.

Deer Management Zone 105 includes certain lands within Nova Scotia, and being more particularly described as follows: Beginning at a point on the centre line of Trunk No. 8 at Lequille, Annapolis County, said point also being on the centre line of a transmission line at or near the intersection of Trunk No. 8 and the West Dalhousie Road, Authority No. 515; thence in a general northeasterly direction following the various courses of the said transmission line to its intersection with the Annapolis–Kings county line; thence in a general northeasterly direction, crossing into the County of Kings and remaining on the centre line of the transmission line to the intersection of the centre line of the transmission line and the centre line of Highway No. 101; thence following the centre line of said Highway No. 101 in a general southeasterly direction to the intersection with the Kings–Hants county line; thence crossing into the County of Hants and following the centre line of said Highway No. 101 to its intersection with the centre line of the mouth of the Avon River; thence northerly along the western coastline of the Minas Basin to Cape Split; thence

N.S. Reg. 91/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 918 © NS Registry of Regulations. Web version. westerly along the Bay of Fundy to Digby Gut; thence easterly and westerly by Annapolis Basin to the centre line of Bear River; thence southeasterly by the centre line of Bear River to its intersection with the centre line of Highway No. 101; thence in a general northeasterly direction following the various courses of the centre line of Highway No. 101 to its intersection with the centre line of Trunk No. 8; thence in a general northerly direction following the centre line of Trunk No. 8 to the place of beginning.

Together with all inland and offshore islands.

Deer Management Zone 106 includes certain lands in the Counties of Halifax and Guysborough, Nova Scotia, and being more particularly described as follows: Beginning at the point of intersection of the southeast boundary of Highway No. 102 with the ordinary high water mark of the northern boundary of Miller Lake; thence following the ordinary high water mark of Miller Lake to a small brook joining Miller Lake and Soldier Lake; thence following the various courses of said brook to the western ordinary high water mark of Soldier Lake; thence following the various courses of the said ordinary high water mark of Soldier Lake in a general southerly direction to a brook known as Soldier Lake Gullies; thence following Soldier Lake Gullies in a southeasterly direction to the ordinary high water mark of Lake Major; thence following the western ordinary high water mark of Lake Major in a southeasterly direction to Little Salmon River; thence following the various courses of Little Salmon River to its intersection with the centre line of Highway No. 207; thence following the various courses of Highway No. 207 to its intersection with Lawrencetown Lake or the Atlantic Ocean; thence following the various courses of the Atlantic Coast in a general easterly direction to the mouth of Chedabucto Bay; thence westerly along the southern coastline of said Chedabucto Bay to the mouth of the Salmon River in Guysborough County; thence upstream along the centre of the said Salmon River to the bridge on Highway No. 400, South River Lake Road at Ogden; thence northwesterly along the centre line of said South River Lake Road No. 400 to its intersection with Highway No. 451, the Guysborough- Country Harbour Road at Salmon River Lake; thence southwesterly along the Highway No. 451, the Guysborough-Country Harbour Road to Highway No. 480, the Country Harbour to Melrose Road (locally known as the Nine Miles Wood Road) at Country Harbour Crossroads; thence westerly along the centre line of the Melrose Country Harbour Road locally known as the Nine Mile Woods Road to its intersection with Trunk No. 7 at Melrose; thence westerly along the centre line of Route No. 348 to its intersection with the Cameron Settlement Road at Caledonia; thence westerly along the centre line of said Camero Settlement Road to its intersection with Route No. 374 at Trafalgar; thence westerly along the centre line of said Route No. 374 to its intersection with the Dean Settlement Road/St.

Mary’s Road; thence westerly along the centre line of the said Dean Settlement Road/St.

Mary’s Road through a portion of Colchester County into Halifax County to the Lemon Hill Road at Chaplin; thence southwesterly along the Lemon Hill Road to its intersection with Route No. 336 at Dean; thence southerly along the centre line of Route No. 336 to its intersection with Route No. 224 at Upper Musquodoboit; thence westerly along the centre line of Route No. 224 to its intersection with Highway No. 427 at Elmsvale; thence southerly along Highway No. 427 to the intersection with Highway No. 425 the Higginsville Road at Newcomb Corner; thence westerly along the centre line of the Higginsville Road to Highway No. 624 the South Road at Brookvale; thence westerly along the South Road to the intersection with the centre line of Highway No. 357; thence westerly along the centre line of Highway No. 357 to the centre line of Highway No. 608, Wyses Road; thence in a general northwesterly direction following the centre line of Wyses Road to the centre line of Highway No. 212, the Old Guysborough Road, at Wyses Corner; thence westerly along the centre line of the Old Guysborough Road to its intersection with the centre line of Pratt and Whitney Drive; thence southerly along the centre line of Pratt and Whitney Drive to its intersection with the centre line of Aerotech Drive; thence following the centre line of Aerotech Drive to its intersection with the centre line of Highway No. 102; thence along the centre line of Highway No. 102 to a point being perpendicular to northern shore of Miller Lake; thence southeasterly and perpendicular to the centre line of Highway No. 102 to the northern shore of Miller Lake, the place of beginning.

Including all inland and offshore islands.

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Web version. 919 Deer Management Zone 107 includes certain lands within Nova Scotia, and being more particularly described as follows: Beginning at the point where the centre line of Highway No. 101 meets with the centre line of Highway No. 102; thence northwesterly along the centre line of Highway No. 101 to its intersection with the Avon River; thence northerly downstream along the centre of the said Avon River to the Minas Basin; thence easterly and westerly along the coastline of the Minas Basin and the Cobequid Bay to the Portapique River; thence northerly along the centre of the said Portapique River to the centre line of Highway 2; thence easterly along the centre line of Highway 2 to its intersection with Route 685 at Portapique; thence northerly along the centre line of Route 685 to its intersection with Route 684 near Montrose; thence northerly along the centre line of Route 684 to Lornevale; thence easterly along the centre line of Route 684 to its intersection with Route 744 at Londonderry; thence easterly along the centre line of Route 744 to its intersection with Highway 4 near Folly Mountain; thence southerly along the centre line of Highway 4 to its intersection with Route 662; thence easterly along the centre line of Route 662 to its intersection with Route 648 at Debert; thence northerly along the centre line of Route 648 to its intersection with Route 627; thence easterly along the centre line of Route 627 to its intersection with Route 620 at Staples Brook; thence southerly, easterly and southerly along the centre line of Route 620 to its intersection with Route 624 at Belmont; thence easterly along the centre line of Route 624 to its intersection with Route 612; thence easterly along the centre line of Route 612 to its intersection with Route 614; thence southerly along the centre line of Route 614 to its intersection with Highway 104; thence easterly along the centre line of Highway 104 to its intersection with Route 821 (Cove Road); thence southerly and easterly along the centre line of Route 821 (Cove Road) to its intersection with Route 814 at Watervale; thence southerly along the centre line of Route 814 to its intersection with Route 803 at West River Station; thence easterly along the centre line of Route 803 to its intersection with Route 859; thence easterly and southeasterly along the centre line of Route 859 to its intersection with Highway 289; thence southerly along the centre line of Highway 289 to its intersection with Dryden Lake Road; thence easterly along the centre line of Dryden Lake Road to its intersection with Route 620; thence easterly along the centre line of Route 620 to its intersection with Highway 374; thence southerly along the centre line of Highway 374 to its intersection with the Dean Settlement Road/St.

Mary’s Road; thence westerly along the centre line of the said Dean Settlement Road/St.

Mary’s Road to its intersection with Route No. 336 at Dean; thence southerly along the centre line of Route No. 336 to its intersection with Route No. 224 at Upper Musquodoboit; thence westerly along the centre line of Route No. 224 to its intersection with Route 427 at Elmsvale; thence southerly along the centre line of Route 427 to its intersection with Route 425 at Newcomb Corner; thence westerly along the centre line of Route 425 to its intersection with Route 624 at Brookvale; thence westerly along the centre line of Route 624 to its intersection with Highway 357; thence southwesterly along the centre line of Highway 357 to its intersection with Route 608; thence northwesterly along the centre line of Route 608 to its intersection with Highway 212; thence westerly along the centre line of Highway 212 to its intersection with Pratt and Whitney Drive; thence southerly along the centre line of Pratt and Whitney Drive to Aerotech Drive; thence southerly and westerly along the centre line of Aerotech Drive to its intersection with Highway No. 102; thence southwesterly along the centre line of Highway No. 102 to its intersection with the centre line of Highway No. 101 being the place of beginning.

Together with all inland and offshore islands.

Deer Management Zone 108 includes certain lands within Nova Scotia, and being more particularly described as follows: Beginning at a point at the mouth of the Parrsboro River, where it meets the Minas Basin; thence westerly following the coastline of the Minas Basin to Cape Chignecto; thence in a general northeasterly direction following the coastline of the Cumberland Basin to centre line of the mouth of the Missaguash River; thence following the various courses of the centre line of the Missaguash River to its intersection with the centre line of Highway No. 104; thence following the various courses of the centre line of Highway No. 104 in a general southeasterly direction to its intersection with the centre line of Trunk Highway No. 2;

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Web version. thence following the centre line of Trunk Highway No. 2 and the centre line of Junction Road to its intersection with the centre line of Highway No. 142; thence following the centre line of Highway No. 142 in a general northeasterly direction to its intersection with the centre line of Highway No. 104; thence following the various courses of the centre line of Highway No. 104 to its intersection with the centre line of Highway No. 4; thence following the various courses of the centre line of Highway No. 4 in a general easterly and southerly direction to its intersection with the centre line of Highway No. 246; thence following the various courses of Highway No. 246, and crossing the county line into Colchester County to the intersection with the centre line of Highway No. 583; thence following the centre line of Highway 583 in a southerly direction to its intersection with the centre line of Highway No. 256; thence following the various courses of the centre line of Highway No. 256 in a general easterly direction to Highway No. 311 at The Falls; thence southerly along the centre line of Highway No. 311 to Highway No. 256; thence easterly along the centre line of Highway No. 256 to Highway No. 326 at McBains Corner; thence southerly along the centre line of Highway No. 326 to Highway No. 256; thence easterly along Highway No. 256 and crossing over the county line into Pictou County, to Highway No. 736, the Loganville Road at West Branch River John; thence following the various courses of the centre line of Highway No. 736 in a general southerly direction to Highway No. 740, the Dalhousie Road; thence southerly along the centre line of Dalhousie Road to the centre line of Highway No. 739, the Glen Road at Diamond; thence following the various courses of the centre line of said Highway No. 739 in a general southerly direction to its intersection with the centre line of Trunk Highway No. 4; thence following the centre line of Trunk Highway No. 4 in a general northeasterly direction to its intersection with the centre line of Highway No. 818, the Mount Thom Road; thence following the centre line of the said Mount Thom Road in a southwesterly direction to its intersection with the centre line of Highway No. 821 the Cove Road; thence following the centre line of Highway No. 821 to its intersection with Highway No. 104; thence westerly along the centre line of Highway No. 104 to its intersection with the centre line of Route No. 614; thence northerly along the centre line of Route No. 614 to its intersection with the centre line of Route No. 612; thence westerly along the centre line of Route No. 612 to its intersection with the centre line of Route No. 624; thence westerly along the centre line of Route No. 624 to its intersection with the centre line of Route No. 620 at Belmont; thence northerly, westerly and northerly along the centre line of Route No. 620 to its intersection with the centre line of Route No. 627 at Staples Brook; thence westerly along the centre line of Route No. 627 to its intersection with the centre line of Route No. 648; thence southerly along the centre line of Route No. 648 to its intersection with Route No. 662 at Debert; thence westerly along the centre line of Route No. 662 to its intersection with the centre line of Highway No. 4; thence northerly along the centre line of Highway No. 4 to its intersection with the centre line of Route No. 744 near Folly Mountain; thence westerly along the centre line of Route No. 744 to its intersection with the centre line of Route No. 684 at Londonderry; thence westerly along the centre line of Route No. 684 to Lornevale; thence southerly along the centre line of Route No. 684 to its intersection with the centre line of Route [No.] 685 at Montrose; thence southerly along the centre line of Route No. 685 to its intersection with the centre line of Highway No. 2 at Portapique; thence westerly along the centre line of Highway No. 2 to its intersection with the centre line of the Portapique River; thence southerly following the centre line of the Portapique River to the coastline of the Cobequid Bay; thence following the coastline of Cobequid Bay, and Minas Basin in a general westerly direction to the mouth of the Parrsboro River, the place of beginning.

Together with all inland and offshore islands.

Deer Management Zone 109 includes certain lands within the Counties of Cumberland, Colchester, and Pictou and in Nova Scotia, and being more particularly described as follows: Beginning at the point where the centre line of Highway No. 104 and the Missaquash River intersect also being on the border between the Province of Nova Scotia and the Province of New Brunswick and being in the County of Cumberland; thence northeasterly along the said border to Baie Verte; thence southeasterly along the coastline of the Northumberland Strait to the mouth of the Knoydart Brook at Knoydart Point; thence southerly along the centre of Knoydart Brook to the centre of Highway No. 245; thence westerly along Highway No. 245, 60.96 m to Highway No. 452 MacGee Road; thence southerly

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Web version. 921 along the centre of Highway No. 452, MacGee Road to the Ardness to Baileys Brook Road; thence along the centre of the Ardness to Baileys Brook Road to Highway No. 449, the Arbuckle Road; thence along the centre of the Highway No. 449 to Highway No. 444, the Barneys River Road; thence along the centre of Highway No. 444, the Barneys River Road, to Highway No. 4 at Barneys River Station; thence westerly along the centre of Highway No. 4 to Highway No. 502, the French River Road; thence southerly along the centre of Highway No. 502, the French River Road, to Highway No. 347; thence northerly and westerly along Highway No. 347 to the Highway No. 532, the Blanchard Road, at Blue Mountain; thence southerly along the centre of Highway No. 532, the Blanchard Road, to Highway No. 534, the Cummings Mountain Road; thence southerly along the centre of Highway No. 534, the Cummings Mountain Road, to Highway No. 581, the Sunnybrae to Eden Road; thence westerly along the centre of Highway No. 581, the Sunnybrae to Eden Road, to Highway No. 348; thence southerly along the centre line of Highway No. 348 to the East River West Side Road; thence westerly along the centre line of the East River West Side Road to Highway No. 604, the Elgin Road, at Bridgeville; thence westerly along Highway No. 604, the Elgin Road, to Highway No. 605, the Cameron Road, at the Village of Elgin; thence westerly along the centre of Highway No. 605, the Cameron Road, to Highway No. 374; thence northerly along the centre of Highway No. 374 to Highway No. 620, the Glengarry Road; thence westerly along the centre of Highway No. 620, the Glengar[r]y Road, to the Dryden Lake Road; thence southwesterly along the centre of the Dryden Lake Road to Highway No. 289 at Sheepherders Junction; thence northerly along the centre of Highway No. 289 to the Landsdowne Road at the Village of Landsdowne; thence northwesterly along the Landsdowne Road to the West River East Side Road No. 803; thence southwesterly along the centre line of the West River East Side Road to the West River Station Road, No. 814, at West River Station; thence northerly along the West River Station Road to the Cove Road at Watervale; thence westerly along the centre of the Cove Road and passing under Trans Canada Highway No. 104 to the Mount Thom Road; thence northerly along the Mount Thom Road to Highway No. 4; thence westerly along Highway No. 4 to the Glen Road; then northerly along the centre of the Glen Road to the Dalhousie Road, No. 740; thence northerly following the centre line of the Dalhousie Road to the Loganville Road; thence northerly along the Loganville Road to Highway No. 256; thence westerly along Highway No. 256 to Highway No. 326 at McBains Corner in Colchester County; thence northerly following the centre line of Highway No. 326 to Highway No. 256 at East Earltown; thence westerly along the centre line of Highway No. 256 to Highway No. 311 at The Falls; thence northerly along the centre line of Highway No. 311 to Highway No. 256; thence westerly following the centre line of Highway No. 256 to its intersection with Highway No. 578, the Kennedy Hill Road; thence crossing the Kennedy Hill Road, and continuing along the centre line of Highway No. 256 in a westerly direction to its intersection [with] Highway No. 583, the Warwick Mountain Road; thence northerly along the centre line of the Warwick Mountain Road to Highway No. 246 at West New Annan; thence westerly following the centre line of Highway No. 246 to its intersection with Highway No. 4 in Cumberland County; thence northerly along Highway No. 4 to Highway No. 104 at Thomsons Station; thence northwesterly along the centre line of Highway No. 104 to its intersection with Highway No. 142 at Salt Springs Station; thence following the centre line of Highway No. 142 in a southwesterly direction to its intersection with Junction Road at Springhill; thence northerly along the centre line of Junction Road to Highway No. 2 near Springhill; thence northwesterly following the centre line of Highway No. 2 to its intersection with Highway No. 104 at Upper Nap[p]an; thence following the centre line of Highway No. 104 in a northwesterly direction to the place of beginning.

Together with all inland and offshore islands.

Deer Management Zone 110 includes certain lands within Nova Scotia, and being more particularly described as follows: Beginning at the mouth of the Knoydart Brook at the Northumberland Strait on the Atlantic Ocean; thence northeasterly along the coastline of the Northumberland Strait to St Georges Bay; thence southeasterly along the western coastline of said St Georges Bay to the Strait of Canso; thence southerly along the centre of the said Strait of Canso to Chedabucto Bay; thence along the western coastline of the said Chedabucto Bay to the mouth of the Salmon River in Guysborough County; thence upstream along

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Web version. the centre of the said Salmon River to the bridge on Giants Lake Road at Ogden; thence northwesterly along the centre line of Giants Lake Road to its intersection with Highway No. 451, the Guysborough- Country Harbour Road, at Salmon River Lake; thence southwesterly along the Highway No. 451, the Guysborough-Country Harbour Road, to Highway No. 480, the Melrose Country Harbour Road (locally known as the Nine Miles Wood Road) at Country Harbour Crossroads; thence westerly along the centre line of the Melrose Country Harbour Road (locally known as the Nine Mile Woods Road) to its intersection with Trunk No. 7 at Melrose; thence westerly along the centre line of Route No. 348 to its intersection with the Cameron Settlement Road at Caledonia; thence westerly along the centre line of said Cameron Settlement Road to its intersection with Route No. 374 at Trafalgar; thence northerly along the centre line of Highway No. 374 to Highway No. 605, the Cameron Road, near Lorne, Pictou County; thence easterly along the centre of the Cameron Road to Highway No. 604, the Elgin Road at the Village [of] Elgin; thence easterly along the centre of the Elgin Road to the East River West Side Road at Bridgeville; thence easterly along the East River West Side Road to Highway No. 348; thence northerly along the centre line of Highway No. 348 to Highway No. 581 the Sunnybrae to Eden Road; thence easterly along the Sunnybrae to Eden Road to Highway No. 534, the Cummings Mountain Road; thence northerly along the centre of Highway No. 534, the Cummings Mountain Road, to the Highway No. 532, the Blanchard Road; thence northerly along the centre of Highway No. 532, the Blanchard Road, to Highway No. 347 at Blue Mountain; thence easterly and northerly along the centre of Highway No. 347 to Highway No. 502, the French River Road; thence northerly along the centre of the French River Road to Highway No. 4; thence easterly along the centre of Highway No. 4 to Highway No. 444, the Barneys River Road, at Barneys River Station; thence along the centre of Highway No. 444, the Barneys River Road, to Highway No. 449, the Arbuckle Road; thence northeasterly along the centre of Highway No. 449, the Arbuckle Road, to the Ardness to Baileys Brook Road; thence northeasterly along the centre of the Ardness to Baileys Brook Road to Highway No. 452, the Magee Road; thence northerly along the centre of Highway No. 452, the MacGee Road, to Highway No. 245; thence easterly along the centre of Highway No. 245, 60.96 m more or less to intersection of Highway No. 245 and the Knoydart Brook; thence northerly along the centre of the Knoydart Brook to the Atlantic Ocean at Knoydart Point on the Northumberland Strait.

This point being the place of beginning. Together with all inland and offshore islands.

Deer Management Zone 111 includes certain lands within Nova Scotia, and being more particularly described as follows: Beginning at a point at the centre of the Skye River at its intersection with the centre line of Highway No. 105; thence northeasterly along the centre line of Highway No. 105 to the centre line of Highway No. 252 (Mabou Road); thence northerly along the centre line of Highway No. 252 (Mabou Road) to Highway No. 395; thence northerly along the centre line of Highway No. 395 along the east side of Lake Ainslie to the intersection with Highway No. 19 at Southwest Margaree; thence northerly along the centre line of Highway No. 19 to the intersection with the Cabot Trail at Margaree Forks; thence northerly along the centre line of said Cabot Trail to where it crosses the Margaree River at the mouth of said river; thence downstream along the centre of said Margaree River to the Gulf of St.

Lawrence; thence westerly and southerly along the coastline of the Gulf of St. Lawrence and St. Georges Bay to the Strait of Canso; thence southeasterly along the centre of the Strait of Canso to Chedabucto Bay; thence easterly along the centre of Chedabucto Bay to the Atlantic Ocean; thence easterly, northerly and westerly along the coastline of the Atlantic Ocean to the mouth of Great Bras d’Or Channel; thence southwesterly along the centre of the Great Bras d’Or Channel to its mouth on the Great Bras d’Or; thence in a direct line to the eastern mouth of St.

Patricks Channel; thence westerly along the centre of said St. Patricks Channel to the mouth of Whycocomagh Bay; thence northwesterly to the centre of the Skye River; thence northerly along the centre of the Skye River to its intersection with the centre line of Highway No. 105, being the place of beginning. Together with all inland and offshore islands.

N.S. Reg. 91/2010 - 92/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 © NS Registry of Regulations.

Web version. 923 Deer Management Zone 112 includes certain lands within Nova Scotia, and being more particularly described as follows: Beginning at a point at the centre of the Skye River at its intersection with the centre line of Highway No. 105; thence northeasterly along the centre line of Highway No. 105 to the centre line of Highway No. 252 (Mabou Road); thence northerly along the centre line of Highway No. 252 (Mabou Road) to Highway No. 395; thence northerly along the centre line of Highway No. 395 along the east side of Lake Ainslie to the intersection with Highway No. 19 at Southwest Margaree; thence northerly along the centre line of Highway No. 19 to the intersection with the Cabot Trail at Margaree Forks; thence northerly along the centre line of said Cabot Trail to where it crosses the Margaree River at the mouth of said river; thence downstream along the centre of the Margaree River to the Gulf of St.

Lawrence; thence northeasterly along the coastline of the Gulf of St. Lawrence to Cape St. Lawrence; thence easterly, southerly and westerly along the coastline of the Gulf of St. Lawrence and the Atlantic Ocean to the Atlantic mouth of the Great Bras d’Or Channel; thence southwesterly along the centre of the Great Bras d’Or Channel to its mouth on the Great Bras d’Or; thence in a direct line to the eastern mouth of St. Patricks Channel; thence westerly along the centre of St.

Patricks Channel to the mouth of Whycocomagh Bay; thence northwesterly to the centre of the Skye River; thence northerly along the centre of the Skye River to its intersection with the centre line of Highway No. 105, being the place of beginning. Together with all inland and offshore islands. N.S. Reg. 92/2010 Made: June 22, 2010 Filed: June 24, 2010 Sales Tax Act Regulations Order in Council 2010-253 dated June 22, 2010 Amendment to regulations made by the Governor in Council pursuant to

Section 13 of the Sales Tax Act The Governor in Council on the report and recommendation of the Minister of Finance dated June 4, 2010, and pursuant to

Section 13 of

Chapter 31 of the Acts of 1996, the Sales Tax Act, is pleased to amend the Sales Tax Act Regulations, N.S. Reg. 33/97, made by the Governor in Council by Order in Council 97-208 dated April 1, 1997, to implement the first-time home buyer rebate program in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after July 1, 2010.

Schedule “A” Amendment to the Sales Tax Act Regulations made by the Governor in Council pursuant to

Section 13 of

Chapter 31 of the Acts of 1996, the Sales Tax Act The Sales Tax Act Regulations, N.S. Reg. 33/97, made by the Governor in Council by Order in Council 97-208 dated April 1, 1997, are amended by adding the following headings and Sections immediately after

Section 32:

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Definitions 33 In Sections 34 to 40, (a) “builder” means a person who builds a residential complex on real property in which the person has an interest at the time of building and who is a registrant as defined in subsection 123(1) of the Excise Tax Act (Canada); (b) “common-law relationship” means a relati onship between 2 individuals who have been cohabiting in a conjugal relationship for a period of at least 1 year or a relationship that is registered as a domestic partnership under the Vital Statistics Act. (c) “cooperative housing corporation” means a cooperative housing corporation as defined in subsection 123(1) of the Excise Tax Act (Canada); (d) “floating home” means a floating home as defined in subsection 123(1) of the Excise Tax Act (Canada); (e) “individual” means a natural person; (f) “manufactured home” means a factory-built home, mobile home or building intended for residential occupancy for individuals; (g) “mobile home” means a mobile home as defined in subsection 123(1) of the Excise Tax Act (Canada); (h) “occupancy permit” means a permit issued by a municipality allowing for the initial occupancy of a residential complex; (i) “primary place of residence” means a residential complex, owned jointly or otherwise, that is intended to be inhabited by an individual on a permanent basis; (j) “qualifying construction costs” means the cost of any of the following that are purchased for the construction of a residential complex and on which tax is payable: (

i) land, (ii) services, (iii) construction materials that form part of and are incorporated into the residential complex; (k) “rebate” means a rebate paid under

Section 38; (l) “rebate application” means an application for a rebate made to the Minister in accordance with

Section 37; (m) “relation” means an individual related to a nother individual by blood, marriage, common-law relationship or adoption; (n) “residential complex” means a residen tial unit or a residential condominium unit;

N.S. Reg. 92/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 © NS Registry of Regulations. Web version. 925 (o) “residential condominium unit” means a reside ntial condominium unit as defined in subsection 123(1) of the Excise Tax Act (Canada) that is situated in the Province; (p) “residential unit” means a detached house, semi-detached house, rowhouse unit, manufactured home or floating home that is situated in the Province and is (

i) occupied by an individual as a place of residence, or (ii) has never been used or occupied for any purpose, but is intended to be used as a place of residence for individuals; (q) “supply” means a supply as defined in subsection 123(1) of the Excise Tax Act (Canada); (r) “tax” means tax under subsection 165(2) of the Excise Tax Act (Canada); (s) “taxable supply” means a taxable suppl y as defined in subsection 123(1) of the Excise Tax Act (Canada). Rebate on tax paid on purchase of residential complex from builder 34

(1) An individual who purchases a residential complex from a builder and who meets all of the criteria in subsection (2) may apply to the Minister in accordance with

Section 37 for a rebate in respect of the tax paid by the individual in purchasing the residential complex.

(2) The eligibility criteria for a rebate of tax paid by an individual who purchases a residential complex from a builder are as follows: (

a) the builder of the residential complex has made a taxable supply by way of sale of the residential complex to the individual; (

b) at the time the individual became liable or assumed liability under an agreement of purchase and sale for the residential complex entered into between the builder and the individual, the individual was acquiring the residential complex for use as the primary place of residence of the individual or a relation of the individual; (

c) the individual has paid all of the tax payabl e in respect of the supply of the residential complex; (

d) the individual entered into an agreement of purchase and sale for the residential complex after April 6, 2010; (

e) ownership and possession of the residential comp lex was transferred to the individual after the construction was substantially completed and after June 30, 2010; (

f) after the construction was substantially comp leted and before possession of the residential complex was given to the individual under the agreement of purchase and sale for the residential complex, (

i) in the case of a residential unit, the unit was not occupied by any individual as a place of residence or lodging, or (ii) in the case of a residential condominium unit, either (

A) the unit was not occupied by any individual as a place of residence or lodging, or

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B) the unit was occupied as a primary place of residence by an individual who was at the time of that occupancy a purchaser of the unit under an agreement of purchase and sale of the unit, or a relation of that individual; (

g) the first individual to occupy the residential complex as a place of residence at any time after substantial completion of construction was (

i) in the case of a residential unit, the individual or a relation of the individual, or (ii) in the case of a residential condominium unit, an individual who was at that time a purchaser of the unit under an agreement of purchase and sale of the unit, or a relation of the individual; (h) 1 of the following applies: (

i) the individual or a relation of the indivi dual who occupies the residential complex did not own and occupy a residential complex in Canada as a primary place of residence at any time during the 60-month period preceding the date of the transfer of ownership of the residential complex to the individual who is claiming the rebate, (ii) on the last day on which any of the individua ls referred to in subclause (

i) was an owner- occupant of a residential complex in Canada during the 60-month period referred to in that subclause, that residential complex was destroyed otherwise than voluntarily by any of them.

(3) If an individual has purchased a residential complex jointly with 1 or more co-owners, the criteria in subsection (2) also apply to each co-owner.

(4) An individual is not eligible for a rebate if any co-owner referred to in subsection (3) is not an individual. Rebate for tax paid on qualifying construction costs 35

(1) An individual who constructs, or who engages another person to construct on the individual’s behalf, a residential complex and who meets all of the criteria in subsection (2) may apply to the Minister in accordance with

Section 37 for a rebate in respect of the tax paid by the individual on qualifying construction costs for the residential complex.

(2) The eligibility criteria for a rebate of tax paid by an individual who has constructed, or who has engaged another person to construct on the individual’s behalf, a residential complex are as follows: (

a) the residential complex was constructed for use as the primary place of residence of the individual or a relation of the individual; (

b) the individual has paid all of the tax payable in respect of the qualifying construction costs for which the individual is claiming a rebate; (

c) an application for rebate is filed after June 30, 2010; (

d) construction of the residential co mplex is substantially complete; (

e) the first individual to occupy the residential complex as a primary place of residence after substantial completion of the complex was the individual or a relation of the individual;

N.S. Reg. 92/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 © NS Registry of Regulations. Web version. 927 (f) 1 of the following applies: (

i) the individual or a relation of the indivi dual who occupies the residential complex did not own and occupy a residential complex in Canada as a primary residence at any time during the 60-month period preceding the date of the occupancy permit of the residential complex for which the rebate is being claimed, (ii) on the last day on which any of the individua ls referred to in subclause (

i) was an owner- occupant of a residential complex in Canada during the 60-month period referred to in that subclause, that residential complex was destroyed otherwise than voluntarily by any of them.

(3) If a residential complex is constructed by or on behalf of an individual and 1 or more co-owners, the criteria in subsection (2) also apply to each co-owner.

(4) An individual is not eligible for a rebate if any co-owner referred to in subsection (3) is not an individual. Cooperative housing rebate 36

(1) An individual who purchases a share of the capital stock of a cooperative housing corporation and who meets all of the criteria in subsection (2) may apply to the Minister in accordance with

Section 37 for a rebate in respect of the purchase price paid by the individual for the share.

(2) The eligibility criteria for a rebate of the purchase price paid by an individual for a share of the capital stock of a cooperative housing corporation are as follows: (

a) the individual entered into an agreement of purchase and sale for the share after April 6, 2010; (

b) the individual acquired the share after June 30, 2010, for the purpose of using a residential unit in a residential complex of the corporation that is situated in the Province as the primary place of residence of the individual or of a relation of the individual; (

c) after the construction of the residential complex was substantially completed and before possession of the residential unit was given to the individual as an incidence of ownership of the share, the unit was not occupied by any individual as a place of residence or lodging; (

d) the first individual to occupy the residential unit as a place of residence after possession of the unit was given to the individual was the individual or a relation of the individual; (

e) the corporation has paid tax in respect of a ta xable supply to the corporation of the residential complex; (f) 1 of the following applies: (

i) the individual or a relation of the indivi dual who occupies the residential complex did not own and occupy any other residential complex in Canada as a primary place of residence at any time during the 60-month period preceding the date of the purchase of the share of capital stock by the individual who is claiming the rebate, (ii) on the last day on which any of the individua ls referred to in subclause (

i) was an owner- occupant of a residential complex in Canada during the 60-month period referred to in that subclause, that residential complex was destroyed otherwise than voluntarily by any of them.

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(3) If an individual has purchased a share of capital stock jointly with 1 or more co-owners, the criteria in subsection (2) also apply to each co-owner.

(4) An individual is not eligible for a rebate if any co-owner referred to in subsection (3) is not an individual. Rebate application procedure 37 A rebate application must meet all of the following requirements in order to be accepted: (

a) it must be made in the form and manner prescribed by the Minister; (

b) it must be accompanied by any information, documents and material that the Minister requires; (

c) it must be received by the Minister within 24 months of (

i) in the case of a purchase of a residential complex from a builder, the date on which ownership was transferred to the individual claiming the rebate, (ii) in the case of an individual who constructs , or who engages another to construct on the individual’s behalf, a residential complex, the date on which the occupancy permit for the residential complex was issued, (iii) in the case of a purchase of a share of the capital stock of a cooperative housing corporation, the date on which the share was purchased by the individual claiming the rebate. Minister may pay rebate 38

(1) On receipt of an individual’s rebate application, the Minister may, on behalf of Her Majesty in right of the Province, pay the amount of the rebate to the individual, subject to the conditions and limitations set out in this Section.

(2) The amount of the rebate that may be paid to an individual is the lesser of $1500 and (

a) in the case of a purchase of a residential complex from a builder, 18.75% of the tax paid in respect of the purchase; (

b) in the case of construction of a residential comp lex, 18.75% of the tax paid in respect of the qualifying construction costs; (

c) in the case of a purchase of a share of the capital stock of a cooperative housing corporation, 1.31% of the purchase price of the share.

(3) A rebate must not be paid to an individual who has applied for or received a rebate or input tax credit under any provision of the Excise Tax Act (Canada), other than the federal portion of the GST/HST New Housing Rebate.

(4) A rebate must be paid to the individual who applies for the rebate in accordance with these regulations, and not to a co-owner.

(5) The Minister must not pay more than 1 rebate in respect of the same residential complex.

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Part II - Regulations Vol. 34, No. 15 © NS Registry of Regulations. Web version. 929 Recovery of excess rebate 39 If the amount of a rebate made by the Minister is greater than the rebate to which an individual is entitled under these regulations, the individual must pay to the Minister an amount equal to the difference between the amount paid and the amount to which the individual is entitled.

Individual must keep records 40 An individual who applies for and is paid a rebate must keep records related to the rebate application, including the originals of any copied documents submitted to the Minister as part of the rebate application, for 6 years following receipt of the rebate, and must make the records and documents available for audit. N.S.

Reg. 93/2010 to 94/2010 Made: June 22, 2010 Filed: June 24, 2010 Automobile Insurance Tort Recovery Limitation Regulations and Automobile Accident Minor Injury Regulations Order in Council 2010-254 dated June 22, 2010 Amendment to regulations and regulations made by the Governor in Council pursuant to Sections 5, 113B and 113E of the Insurance Act The Governor in Council on the report and recommendation of the Minister of Finance dated June 4, 2010, and pursuant to Sections 5, 113B and 113E of

Chapter 231 of the Revised Statutes of Nova Scotia, 1989, the Insurance Act, and

Section 8 of

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

Interpretation Act, is pleased, effective on and after July 1, 2010, to (

a) amend the Automobile Insurance Tort Recovery Limitation Regulations, N.S. Reg. 182/2003, made by the Governor in Council by Order in Council 2003-457 dated October 31, 2003, to remove all provisions relating to the minor injury cap, in the manner set forth in

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

b) approve of [make] new regulations respecting the minor injury cap rules relating to accidents which occur on or after April 28, 2010, and incorporating the previous rules relating to accidents which occurred before April 28, 2010, in the form set forth in

Schedule “B” attached to and forming part of the report and recommendation. N.S. Reg. 93/2010 Automobile Insurance Tort Recovery Limitation Regulations

Schedule “A” Amendment to [the] Automobile Insurance Tort Recovery Limitation Regulations made by the Governor in Council under Sections 5, 113BA and 113C of

Chapter 231 of the Revised Statutes of Nova Scotia, 1989, the Insurance Act 1

(1) Section 2 of the Automobile Insurance Tort Recovery Limitation Regulations, N.S. Reg. 182/2003, made by the Governor in Council by Order in Council 2003-457 dated October 31, 2003, is amended by striking out “113B” in the heading to the

Section and in subsection (1) and substituting “113BA”.

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Part II - Regulations Vol. 34, No. 15 930 © NS Registry of Regulations. Web version. (2) Subsection 2(1) of the regulations is amended by repealing clauses (c), (d), (e), (f), (

g) and (h). (3) Subsection 2(2) of the regulations is repealed. 2

Section 3 of the regulations is repealed. 3

Section 5 of the regulations is repealed. N.S. Reg. 94/2010 Automobile Accident Minor Injury Regulations

Schedule “B” Regulations Respecting Minor Injuries Caused by Automobile Accidents made [by the Governor in Council] under

Section 5 of

Chapter 231 of the Revised Statutes of Nova Scotia, 1989, the Insurance Act Citation 1 These regulations may be cited as the Automobile Accident Minor Injury Regulations. Definition of “Act” 2 In these regulations, “Act” means the Insurance Act.

Part 1: Accidents Occurring before April 28, 2010 Application of

Part 1 3 In accordance with subsection 113B(9) of the Act, this Part does not apply to any action for damages with respect to an incident that occurs on or after April 28, 2010.

Definitions for

Section 113B of Act and this

Part 4( 1 ) In

Section 113B of the Act and this Part, “non-monetary loss” means any loss for which compensation would be payable, but for the Insurance Act, that is not an award for (

i) lost past or future income, (ii) diminution or loss of earning capacity, and (iii) past or future expenses incurred or that may be incurred as a result of an incident, and for greater certainty excludes valuable services such as housekeeping services; “personal injury” does not include (

i) a coma resulting in a continuing serious impairment of an important bodily function, (ii) chronic pain that (

A) is diagnosed and established as chronic pa in by a medical specialist appropriately trained in the diagnosis and management of pain disorders,

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B) is a direct result of a physical injury sustained in the motor vehicle accident with respect to which the claim is brought, (

C) results in a continuous serious impairme nt of an important bodily function, and (

D) is moderately severe or severe pain , as classified in the American Medical Association Guides to the Evaluation of Permanent Impairment, 5th edition, (iii) a burn resulting in serious disfigurement, (iv) an amputation of a major limb; “regular employment” means the essential elements of the activities required by the person’s pre-accident employment; “resolves” means (

i) does not cause or ceases to cause a serious impairment of an important bodily function which results from a continuing injury of a physical nature to produce substantial interference with the person’s ability to perform their usual daily activities or their regular employment, or (ii) causes a serious impairment which results from a continuing injury of a physical nature to produce substantial interference with a person’s ability to perform their usual daily activities or their regular employment where the person has not sought and complied with all reasonable treatment recommendations of a medical practitioner trained and experienced in the assessment and treatment of the personal injury; “substantial interference” means, with respect to a person’s ability to perform their regular employment, that the person is unable to perform, after reasonable accommodation by the person or the person’s employer for the personal injury and reasonable efforts by the injured person to adjust to the accommodation, the essential elements of the activities required by the person’s pre-accident employment; “usual daily activities” means the essential elements of the activities that are necessary for the person’s provision of their own care and are important to people who are similarly situated considering, among other things, the injured person’s age.

(2) For the purposes of subsection (1), “employment” includes self-employment. Total amount recoverable for non-monetary losses 5 For the purpose of subsection 113B(4) of the Act, the total amount recoverable as damages for non-monetary losses of a plaintiff for all minor injuries suffered by the plaintiff as a result of an incident must not exceed $2,500.

Onus to prove injury not minor injury 6 On a determination of whether an injury is a minor injury under subsection 113B(6) or (8) of the Act, the onus is on the injured party to prove, based upon the evidence of one or more medical practitioners trained and experienced in the assessment and treatment of the personal injury, that the injury is not a minor injury.

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Part 2: Accidents Occurring on or after April 28, 2010 Application of

Part 2 7 In accordance with subsection 113E(2) of the Act, this Part applies to any accident claim with respect to an accident that occurs on or after the April 28, 2010.

Definitions for

Section 113E of the Act and this

Part 8( 1 ) In this Part, “minor injury amount” means the total amount recoverable under

Section 13 as damages for non-monetary loss for all minor injuries suffered by a claimant as a result of an accident.

(2) In

Section 113E of the Act and this Part, “serious impairment”, in respect of a claimant, means an impairment of a physical or cognitive function that meets all of the following: (

i) the impairment results in a substantial in ability to perform any or all of the following: (

A) the essential tasks of the claimant’s regular employment, occupation or profession, despite reasonable efforts to accommodate the claimant’s impairment and the claimant’s reasonable efforts to use the accommodation to allow the claimant to continue the claimant’s employment, occupation or profession, (

B) the essential tasks of the claimant’s training or education in a program or course that the claimant was enrolled in or had been accepted for enrolment in at the time of the accident, despite reasonable efforts to accommodate the claimant’s impairment and the claimant’s reasonable efforts to use the accommodation to allow the claimant to continue the claimant’s training or education, (

C) the normal activities of the claimant’s daily living, (ii) the impairment has been ongoing since the accident, and (iii) the impairment is expected not to improve substantially, “sprain” means an injury to one or more tendons, to one or more ligaments, or to both tendons and ligaments; “strain” means an injury to one or more muscles; “whiplash-associated disorder injury” means a whiplash-associated disorder other than one that exhibits one or all of the following: (

i) neurological signs that are objective, dem onstrable, definable and clinically relevant, (ii) a fracture to the spine or a dislocation of the spine. Injuries must be assessed separately 9 If a claimant suffers more than one injury as a result of an accident, each injury must be assessed separately to determine whether the injury is or is not a minor injury.

N.S. Reg. 94/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 © NS Registry of Regulations. Web version. 933 Injury must be primary contributing factor 10 For a sprain, strain or whiplash-associated disorder injury to be considered to have resulted in a serious impairment, the sprain, strain or whiplash-associated disorder injury must be the primary factor contributing to the impairment. Determination of minor injury 11

(1) The determination as to whether an injury suffered by a claimant as a result of an accident is or is not a minor injury must be based on the following: (

a) a determination as to whether the injury is a sprain, strain or whiplash-associated disorder injury; and (

b) if the injury is determined to be a sprain, strain or whiplash-associated disorder injury, a determination as to whether the sprain, strain or whiplash-associated disorder injury results in a serious impairment.

(2) For the purpose of clause (1)(b), the determination as to whether a sprain, strain or whiplash- associated disorder injury results in a serious impairment must take all of the following into account (

a) the claimant’s pre-existing medical history; (

b) the matters referred to in subclause (

i) of th e definition of “serious impairment” in subsection 8(2) that relate to the claimant. Treatment not followed 12

(1) If (

a) a claimant suffers a sprain, strain or whip lash-associated disorder injury as a result of an accident; (

b) the claimant has, without reasonable excu se, not sought and complied with all reasonable treatment recommendations of a medical practitioner trained and experienced in the assessment and treatment of the personal injuries; and (

c) the sprain, strain or whiplash-associated di sorder injury results in a serious impairment, the sprain, strain or whiplash-associated disorder injury is a minor injury unless the claimant establishes that the sprain, strain or whiplash-associated disorder injury would have resulted in a serious impairment even if the claimant had sought and complied with reasonable treatment recommendations of a medical practitioner trained and experienced in the assessment and treatment of the personal injuries. (2) Subsection (1) does not apply to a claimant who is a person described in provision (3) under the heading “Subsection 3 - Special Provisions,

Definitions and Exclusions of this Section” in the Automobile Insurance Contract Mandatory Conditions Regulations made under the Act. Damages recoverable for non-monetary loss for minor injuries 13

(1) Except as provided in this

Section and clause 14(2)(a), for the purposes of subsection 113E(3) of the Act, the total amount recoverable as damages for non-monetary loss for all minor injuries suffered by a claimant as a result of an accident is $7,500.

(2) Subject to subsection (3), for 2011 and subsequent calendar years, the minor injury amount is increased annually, effective on and after January 1, by the annual average percentage change for

N.S. Reg. 94/2010 - 95/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 934 © NS Registry of Regulations. Web version. the all-items Consumer Price Index for Nova Scotia, not seasonally adjusted, published by Statistics Canada, for the previous calendar year.

(3) If the annual average percentage change referred to in subsection (2) is a negative number, there is no change in the minor injury amount.

(4) The minor injury amount for a calendar year applies only in respect of accidents that occur during that calendar year.

(5) For 2011 and subsequent years, the Superintendent must publish the minor injury amount for the calendar year by January 31 in a form and manner that ensures that the information is accessible to the public. Damages recoverable for non-monetary loss for minor and non-minor injuries 14

(1) In this Section, “non-minor injury” means an injury other than a minor injury.

(2) If a claimant suffers one or more minor injuries and one or more non-minor injuries as a result of an accident, the assessment of damages for non-monetary loss for all injuries suffered by the claimant is subject to the following rules: (

a) if the non-minor injury or injuries, when assessed separately from the minor injury or injuries, would result in an award for non-monetary loss of not more than the minor injury amount, the total amount recoverable as damages for non-monetary loss for all injuries suffered by the claimant must not exceed the minor injury amount; (

b) if the non-minor injury or injuries, when assessed separately from the minor injury or injuries, would result in an award for non-monetary loss of more than the minor injury amount, the total amount recoverable as damages for non-monetary loss for all injuries suffered by the claimant must be calculated as the total of all of the following: (

i) the amount of damages assessed for non-monetary loss for the non-minor injury or injuries, (ii) subject to

Section 13, the amount of damages assessed for non-monetary loss for the minor injury or injuries. N.S. Reg. 95/2010 Made: May 5, 2010 and June 22, 2010 Filed: June 24, 2010

Summary Offence Tickets Regulations Order in Council 2010-260 dated June 22, 2010 Amendment to regulations made by the Minister of Justice and the Governor in Council pursuant to

Section 8 of the

Summary Proceedings Act The Governor in Council on the report and recommendation of the Minister of Justice and Attorney General dated May 5, 2010, 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 18-B to the

Summary Offence Ticket Regulations, N.S. Reg. 4/2001, made by the Governor in Council by Order in Council 2001-21 dated January 18, 2001, to include certain offences under the Halifax Regional Municipality Solid Waste Resource Collection and

N.S. Reg. 95/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 © NS Registry of Regulations. Web version. 935 Disposal By-law as

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

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 22, 2010. Order I, Ross Landry, Minister of Justice and Attorney General of Nova Scotia, hereby order and direct pursuant to

Section 8 of

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

Summary Proceedings Act, that the penalty to be entered on a summons in respect of an offence set out in amendments to

Schedule 18-B to the

Summary Offence Tickets Regulations, N.S. Reg. 4/2001, as set forth in

Schedule “A”, is the amount of the out- of-court settlement set out opposite the description of that offence, and the out-of-court settlement amount includes the charge provided for in, and in accordance with, Sections 8 and 9 of the Act. This Order is effective on and after the making by the Governor in Council of the amendments to the

Summary Offence Tickets Regulations set out in

Schedule “A”. Dated and made May 5, 2010, at Halifax, Halifax Regional Municipality, Province of Nova Scotia. Sgd.: Ross Landry Honourable Ross Landry Minister of Justice and Attorney General of Nova Scotia

Schedule “A” Amendment to the

Summary Offence Tickets Regulations made by the Governor in Council pursuant to

Section 8 of

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

Summary Proceedings Act 1

Schedule 18-B to the

Summary Offence Tickets Regulations, N.S. Reg. 4/2001, made by the Governor in Council by Order in Council 2001-21 dated January 18, 2001, is amended by striking out the out-of-court settlement amounts listed in the out-of-court settlement column for items 1 to 128 under the heading “Solid Waste Resource Collection and Disposal By-law - S-600” and substituting “$340.21” 2

Schedule 18-B to the regulations is further amende d under the heading “Solid Waste Resource Collection and Disposal By-law - S-600” by (

a) adding the following item immediately after item 76: 76A. Property owner of industrial, commercial or institutional premises failing to provide adequate space to maintain blue bag recycables, paper and corrugated cardboard all separate from each other 12.2(a) $340.21 (

b) adding the following item immediately after item 79: 79A. Property owner of industrial, commercial or institutional premises failing to provide readily accessible common area containers 12.4 $340.21

N.S. Reg. 95/2010 - 96/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 936 © NS Registry of Regulations. Web version. (

c) repealing item 92C and substituting the following item: 92C. Failing to ensure commercial container for temporary storage of paper displays message “PAPER” 13.1(a)(x) $340.21 (

d) re-designating items 92D and 92E as items 92E and 92F respectively and adding the following item immediately after item 92C: 92D. Failing to ensure commercial container for temporary storage of corrugated cardboard displays message “CARDBOARD ONLY” or “CARDBOARD” 13.1(a)(x) $340.21 (

e) repealing items 107A and 107B a nd substituting the following items: 107A. Owner of industrial, commercial or institutional premises using commercial container not approved by Administrator 13.1(j) $340.21 107B. Owner of industrial, commercial or institutional premises storing ICI waste in containers used for source-separated organic or recyclable materials 13.1(j) $340.21 (

f) repealing item 120A and substituting the following item: 120A. Failing to transport ICI waste, blue bag recyclables, paper, corrugated cardboard or organic materials in source-separated condition 15.2 $340.21 N.S. Reg. 96/2010 Made: June 22, 2010 Filed: June 25, 2010 Nova Scotia Building Code Regulations Order dated June 22, 2010 made by the Minister of Labour and Workforce Development pursuant to

Section 4 of the Building Code Act

Schedule “A” In the matter of

Section 4 of

Chapter 46 of the Revised Statutes of Nova Scotia, 1989, the Building Code Act - and - In the matter of [the] Nova Scotia Building Code Regulations I, Marilyn More, Minister of Labour and Workforce Development for the Province of Nova Scotia, pursuant to

Section 4 of

Chapter 46 of the Revised Statutes of Nova Scotia, 1989, the Building Code Act, hereby amend the

N.S. Reg. 96/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 © NS Registry of Regulations. Web version. 937 Nova Scotia Building Code Regulations, N.S. Reg. 322/2009 made by Order of the Minister of Labour and Workforce Development dated November 19, 2009, effective on and after December 31, 2009, and further amended by N.S. Reg. 326/2009 dated December 8, 2009, effective on and after December 31, 2009, in the manner set forth in

Schedule “B” attached hereto and this amendment is to come into effect on and after September 1, 2010. Dated and made at Halifax Regional Municipality, Province of Nova Scotia, June 22, 2010. Sgd.: Marilyn More Honourable Marilyn More Minister of Labour and Workforce Development

Schedule “B” Amendments to the Nova Scotia Building Code Regulations, N.S. Reg. 322/2009 made by Order of the Minister of Labour and Workforce Development dated November 19, 2009, and further amended by N.S. Reg. 326/2009 dated December 8, 2009 1T h e Nova Scotia Building Code Regulations, N.S. Reg. 322/2009 made by Order of the Minister of Labour and Workforce Development dated November 19, 2009, effective on and after December 31, 2009, and further amended by N.S.

Reg. 326/2009 dated December 8, 2009, effective on and after December 31, 2009, are amended by repealing Table 10.3.2.1.(4) in the Nova Scotia Building Code Regulation[s] and substituting the following Table 10.3.2.1.(4): Table 10.3.2.1.

(4) Minimum Thermal Resistance of Building Assemblies Forming Part of Sentence 10.3.2.1.

(4) Building Element Exposed to the Exterior or to Unheated Space Minimum RSI [R] Values Required3. 1 Ceiling below attic or roof space 7.00 [40] 2 Roof assembly without attic or roof space 5.46 [31] 3 Wall other than foundation wall [including walls between heated and unheated spaces] 4.23 [24] 4 Walls other than foundation wall [including walls between heated and unheated spaces, and #9] insulated with a spray foam insulation providing an air seal 4. 3.63 [20.6] 5 ICF wall above grade 1. 3.63 [20.6] 6 ICF wall below grade enclosing h eated space [full height insulation]1. 3.63 [20.6] 7 Foundation walls enclosing heated space [full height insulation] 3.52 [20] 8 Floors over unheated spaces including Overhanging [cantilevered] Floors 5.46 [31] 9 Floor joist header space [except as per #4 and #5] 4.23 [24]

N.S. Reg. 96/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 938 © NS Registry of Regulations. Web version. 10 Frost Wall (with slab-on-ground) 2. 1.76 [10] 11 Slab-on-ground perimeter insula tion (see Sentence 10.3.3.8.(1))2. 1.76 [10] 12 Under Slab-on-ground containing heating pipes, tubes, ducts or cables 2. 1.76 [10] 13 Under Slab-on-ground not containing heating pipes, tubes, ducts or cables 2. 1.76 [10] 14 Basement floor slabs located not more than 1 m below grade 2. 1.76 [10] 15 Basement floor slabs located more than 1 m below grade nil 1. ICF walls provide an effective insulating value.

Walls of this construction have inherently effective air barriers and minimal thermal bridging characteristics. 2. This value may be reduced to R 4 at th e thermal break between the slab and wall. 3. “Insulation values” shown are for the insulation only. 4. Spray foam insulation products provide an effective insulati ng value.

This type of insulation product has inherently an effective air barrier characteristics. [See Table A-9.25.1.2.(B)] 2 The regulations are further amended by repealing Table 10.3.3.3. in the Nova Scotia Building Code Regulation[s] and substituting the following Table 10.3.3.3.: Table 10.3.3.3. Minimum Thermal Resistance of Building Assemblies Forming Part of Sentence 10.3.3.3.

(1) Building Element Exposed to the Exterior or to Unheated Space Minimum RSI [R] 1 Ceiling below attic or roof space 7.00 [40] 2 Roof assembly without attic or roof space 5.46 [31] 3 Wall other than foundation wall [including walls between heated and unheated spaces] 4.23 [24] 4 Walls other than foundation wall [including walls between heated and unheated spaces, and #9] insulated with a spray foam insulation conforming providing an air seal 3. 3.63 [20.6] 5 ICF wall above grade 1. 3.63 [20.6]] 6 ICF wall below grade enclosing h eated space [full height insulation]1. 3.63 [20.6]] 7 Foundation walls enclosing heated space [full height insulation] 3.52 [20] 8 Floors over unheated spaces including Overhanging [cantilevered] Floors 5.46 [31] 9 Floor joist header space [except as per #4 and #5] 4.23 [24] 10 Frost Wall (with slab-on-ground) 2. 1.76 [10] 11 Slab-on-ground perimeter insula tion (see Sentence 10.3.3.8.(1))2. 1.76 [10] 12 Under Slab-on-ground containing heating pipes, tubes, ducts or cables 2. 1.76 [10]

N.S. Reg. 96/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 © NS Registry of Regulations. Web version. 939 13 Under Slab-on-ground not containing heating pipes, tubes, ducts or cables 2. 1.76 [10] 14 Basement floor slabs located not more than 1m below grade2. 1.76 [10] 15 Basement floor slabs located more than 1 m below grade nil 1. ICF walls and walls with cavities filled with low density open cell spray foam insulation provide an effective insulating value. Walls of this construction have inherently effective air barriers and minimal thermal bridging characteristics. 2.

This value may be reduced to R 4 at th e thermal break between the slab and wall. 3. Spray foam insulation products provide an effective insulati ng value. This type of insulation product has inherently an effective air barrier characteristics. [See Table A-9.25.1.2.(B)] 3 The regulations are further amended by repealing Table A-9.25.1.2(

B) in the appendix to the National Building Code 2005 and substituting the following Table Table A-9.25.1.2.(B): Table Table A-9.25.1.2.(B)) Air and Vapour Permeance Values(1) Material Air Leakage Characteristic, L/(s•m²) at 75 Pa (Air Permeance) Water Vapour Permeance, (Dry Cup) ng/(Pa•s•m²) Sheet and panel-type materials 12.7-mm gypsum board – painted (1 coat primer) negligible – painted (1 coat primer + 2 coats latex paint) 12.7-mm foil-backed gypsum board 12.7-mm gypsum board sheathing 6.4-mm plywood 11-mm oriented strandboard 12.5-mm cement board Plywood (from 9.5 mm to 18 mm) Fibreboard sheathing 17-mm wood sheathing 0.02 negligible negligible negligible 0.0091 0.0084 0.0108 0.147 negligible – 0.01 0.012 – 1.91 high – depends on no. of joints 2600 1300 180 negligible 1373 23 – 74 44 (range) 590 40 – 57 100 – 2900 982 Insulation 27-mm foil-faced polyisocyanurate 27-mm paper-faced polyisocyanurate 25-mm extruded polystyrene 25-mm expanded polystyrene (Type 2) Fibrous insulations 25-mm polyurethane spray foam – low density 25-mm polyurethane spray foam – medium density negligible negligible negligible 0.0214 very high 0.011 negligible 4.3 61.1 23 – 92 86 – 160 very high 894 -3791 96

(2) Membrane materials Metal Asphalt impregnated paper as 10 min paper Asphalt impregnated paper as 30 min paper Asphalt impregnated paper as 60 min paper Water-resistive barriers (9 materials) 0.15-mm polyethylene Modified bituminous membrane (#15 felt) building paper spun bonded polyolefin film (expanded) negligible 0.0673 0.4 0.44 negligible - 4.3 negligible 0.153 0.2706 0.9593 negligible 370 650 1800 30 – 1200 1.6 – 5.8 290 170 – 1400 3646

N.S. Reg. 96/2010 - 97/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 15 940 © NS Registry of Regulations. Web version. Other materials Brick (6 materials) Mortar mixes (4 materials) Stucco 50-mm reinforced concrete (density: 2330 kg/m³) negligible negligible negligible negligible 102 – 602 13 – 690 75 – 240 23 Notes to Table Table A-9.25.1.2.(B))

(1) Air leakage and vapour permeance values derived from: • Bombaru, D., Jutras, R. and Patenaude, A. Air Permeance of Building Materials.

Summary Report prepared by AIR-INS Inc. for Canada Mortgage and Housing Corporation, Ottawa, 1988. Values indicate properties of tested materials only; values for specific products may vary significantly. • Details of Air Barrier Systems for Houses. Ontario New

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 83/2010
Date	2010-01-01
Type	gazette
Volume / chapter	just regulations rg2 2010 jl1610
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	5dfd4103661a525fabd97fa75983e4d30400905b

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