© NS Registry of Regulations. Web version. 979

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 31, No. 21 October 12, 2007 Contents Act Reg. No.

Page Civil Service Act Kilometrage Rates, Monthly Allowances and Transportation Allowances Regulations .................................................. 395/2007 988 Employment Support and Income Assistance Act Employment Support and Income Assistance Regulations–amendment ............... 391/2007 984 Endangered Species Act S p e c i e s - a t - R i s k L i s t R e g u l a t i o n s – a m e n d m e n t...................................393/2007 986 Environment Act Air Quality Regulations–amendment .......................................... 392/2007 984 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 389/2007 980 Prescribed Petroleum Products Prices ......................................... 394/2007 986 Vital Statistics Act B i r t h R e g i s t r a t i o n R e g u l a t i o n s............................................... 390/2007 982 Youth Criminal Justice Act (Canada) Designation of Persons Who May Access Records ............................... 396/2007 992 Youth Justice Act Y o u t h J u s t i c e R e g u l a t i o n s – a m e n d m e n t ........................................ 397/2007 993

N.S. Reg. 389/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 21 980 © NS Registry of Regulations. Web version. N.S. Reg. 389/2007 Made: September 20, 2007 Filed: September 21, 2007 Prescribed Petroleum Products Prices Order dated September 20, 2007 made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 14 of the Petroleum Products Pricing Act In the Matter of

Section 14 of

Chapter 11 of the Acts of 2005 the Petroleum Products Pricing Act - and - In the Matter of Sections 14 to 18 of the Petroleum Products Pricing Regulations made by the Governor in Council pursuant to

Section 14 of the Petroleum Products Pricing Act - and - In the Matter of an Order Prescribing Prices for Petroleum Products made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 14 to 18 of the Petroleum Products Pricing Regulations Order I, Jamie Muir, Minister of Service Nova Scotia and Municipal Relations for the Province of Nova Scotia, pursuant to

Section 14 of

Chapter 11 of the Acts of 2005, the Petroleum Products Pricing Act, and Sections 14 to 18 of the Petroleum Products Pricing Regulations, hereby (

a) repeal the Order dated September 13, 2007, which pr escribed prices for petroleum products in the Province effective on and after 12:01 a.m. on September 14, 2007; and (

b) prescribe prices for petroleum products in the Pr ovince as set forth in the tables in

Schedule “A”. This Order is effective on and after 12:01 a.m. on September 21, 2007. Made at Halifax, in the Halifax Regional Municipality, Nova Scotia, on September 20, 2007. Sgd.: Jamie Muir Honourable Jamie Muir Minister of Service Nova Scotia and Municipal Relations

N.S. Reg. 389/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 21 © NS Registry of Regulations. Web version. 981

Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on September 21, 2007 Table 1: Benchmark Prices for Regulated Petroleum Products (cents/litre) Regular unleaded gasoline 57.4 Mid-grade unleaded gasoline 60.4 Premium unleaded gasoline 63.4 Ultra low-sulfur diesel oil 63.0 Table 2: Fixed Wholesale Prices, Retail Mark-ups and Retail Prices for Regulated Petroleum Products (cents/litre) Retail Mark-up Retail Price (includes all taxes) Self-Service Full-Service Self-Service Full-Service Fixed Wholesale Price (excludes GST) Min Max Min Max Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 89.2 92.2 95.2 88.7 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 106.2 109.7 113.1 105.7 108.0 111.4 114.8 107.4 106.2 109.7 113.1 105.7 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 89.6 92.6 95.6 89.1 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 106.7 110.1 113.5 106.1 108.4 111.8 115.3 107.8 106.7 110.1 113.5 106.1 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 90.1 93.1 96.1 89.6 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 107.3 110.7 114.1 106.7 109.0 112.4 115.8 108.4 107.3 110.7 114.1 106.7 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 90.1 93.1 96.1 89.6 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 107.3 110.7 114.1 106.7 109.0 112.4 115.8 108.4 107.3 110.7 114.1 106.7 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 90.1 93.1 96.1 89.6 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 107.3 110.7 114.1 106.7 109.0 112.4 115.8 108.4 107.3 110.7 114.1 106.7 999.9 999.9 999.9 999.9

N.S. Reg. 389/2007 - 390/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 21 982 © NS Registry of Regulations. Web version. Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 90.9 93.9 96.9 90.4 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 108.2 111.6 115.0 107.6 109.9 113.3 116.7 109.3 108.2 111.6 115.0 107.6 999.9 999.9 999.9 999.9 N.S. Reg. 390/2007 Made: September 20, 2007 Filed: September 21, 2007 Birth Registration Regulations Order in Council 2007-498 dated September 20, 2007 Regulations made by the Governor in Council pursuant to

Section 51 of the Vital Statistics Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated September 19, 2007, and pursuant to

Section 51 of

Chapter 494 of the Revised Statutes of Nova Scotia, 1989, the Vital Statistics Act, is pleased to make regulations respecting birth registrations in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after September 20, 2007.

Schedule “A” Regulations Respecting Birth Registration made by the Governor in Council pursuant to

Section 51 of

Chapter 494 of the Revised Statutes of Nova Scotia, 1989, the Vital Statistics Act Citation 1 These regulations may be cited as the Birth Registration Regulations.

Definitions 2 In these regulations, (a) “Act” means the Vital Statistics Act; (b) “assisted conception” means conception that occurs as a result of artificial reproductive technology, using an anonymous sperm donor; (c) “spouse” means the person to whom a child’s mother is married. Assisted conception 3( 1 ) Despite

Section 4 of the Act, if the mother of a child who was conceived as the result of assisted conception is married, the birth of the child must be registered showing the spouse of the mother as the child’s other parent.

(2) Despite

Section 4 of the Act, if the mother of a child who was conceived as the result of assisted conception is unmarried and the person whom the child’s mother acknowledges as the child’s other parent files a statutory declaration with the Registrar or the division registrar acknowledging that

N.S. Reg. 390/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 21 © NS Registry of Regulations. Web version. 983 that person intends to assume the role of parent of the child, the birth of the child must be registered showing that person as the child’s other parent.

(3) If a request to register an assisted conception is made after the registration of the birth in accordance with

Section 4 of the Act, the Registrar may amend the registration in accordance with the request by making the necessary notation. Mother of child 4 A woman who gives birth to a child must be recorded as the mother of the child. Surrogacy 5( 1 ) In this Section, “court” means the Supreme Court of Nova Scotia (Family Division) or the Family Court of Nova Scotia as the case may be.

(2) On application by the intended parents in a surrogacy arrangement, the court may make a declaratory order with respect to the parentage of the child if all of the following apply: (

a) the surrogacy arrangement was initiated by the intended parents; (

b) the surrogacy arrangement was planned before conception; (

c) the woman who is to carry and give birth to the child does not intend to be the child’s parent; (

d) the intended parents intend to be the child’s parents; (

e) one of the intended parents has a genetic link to the child.

(3) If the court makes a declaratory order under subsection (2), the court may order that (

a) the name and particulars of the parents be registered and the name and particulars of a surrogate mother be removed; and (

b) the surname of the child be registered in accordance with the surname chosen by the intended parents.

(4) An order made under subsection (3) must contain all of the following: (

a) the full names of the parents of the child; (

b) the date and place of the birth of the parents of the child; (

c) sufficient particulars of the birth of the child to identify the birth record that is to be changed.

(5) On receipt of an order made under subsection (3), the Registrar must amend the child’s birth registration as required by the order.

(6) If a child’s birth registration is amended in accordance with subsection (5), every birth certificate subsequently issued for the child must reflect the amended birth registration.

N.S. Reg. 391/2007 - 392/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 21 984 © NS Registry of Regulations. Web version. N.S. Reg. 391/2007 Made: September 25, 2007 Filed: September 25, 2007 Employment Support and Income Assistance Regulations Order in Council 2007-504 dated September 25, 2007 Amendment to regulations made by the Governor in Council pursuant to

Section 21 of the Employment Support and Income Assistance Act The Governor in Council on the report and recommendation of the Minister of Community Services dated September 11, 2007, and pursuant to

Section 21 of

Chapter 27 of the Acts of 2000, the Employment Support and Income Assistance Act, is pleased to amend the Employment Support and Income Assistance Regulations, N.S. Reg. 25/2001, made by the Governor in Council by Order in Council 2001-138 dated March 23, 2001, by replacing the table immediately following the heading “Personal Allowance” in Appendix “A” with the following table, effective on and after October 1, 2007: Adult Dependent Child (under age 18) Dependent Child (age 18 to 20 inclusive) $204 $133 $204 N.S.

Reg. 392/2007 Made: September 25, 2007 Filed: September 25, 2007 Air Quality Regulations Order in Council 2007-505 dated September 25, 2007 Amendment to regulations made by the Governor in Council pursuant to

Section 112 of the Environment Act The Governor in Council on the report and recommendation of the Minister of Environment and Labour dated September 4, 2007, and pursuant to

Section 112 of

Chapter 1 of the Acts of 1994-95, the Environment Act, is pleased to amend the Air Quality Regulations, N.S. Reg. 28/2005, made by the Governor in Council by Order in Council 2005-87 dated February 25, 2005, to revise mercury emission caps to implement the Canada-Wide Standards for Mercury Emissions from Coal-Fired Electric Power Generation Plants and to make certain administrative changes in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after September 25, 2007.

Schedule “A” Amendment to the Air Quality Regulations made by the Governor in Council under

Section 112 of

Chapter 1 of the Acts of 1994-95, the Environment Act 1

Section 2 of the Air Quality Regulations, N.S. Reg. 28/2005, made by the Governor in Council by Order in Council 2005-87 dated February 25, 2005, is amended by adding the following clause immediately after clause 2(e):

N.S. Reg. 392/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 21 © NS Registry of Regulations. Web version. 985 (ea) “fossil fuel” means a hydrocarbon deposit such as petroleum, coal or natural gas, derived from living matter of a previous geologic time and used for fuel; 2 The regulations are further amended by adding th e following subsections immediately after subsection 6(3): (3A) If persons assigned emission allocations listed in

Schedule C transfer ownership of a fossil fuel-fired thermal power generating station, a corresponding portion of the emission allocation and associated monitoring and reporting requirements must be transferred to the new owner in accordance with subsection (3B). (3B) Before ownership of a fossil fuel-fired thermal power generating station is transferred, the apportioning of its emission allocation and associated monitoring and reporting requirements must be approved in writing by the Administrator. 3 Subsection 3(1) of

Schedule C of the regulations is repealed and the following subsection substituted: 3( 1 ) Commencing March 1, 2005, and in each calendar year thereafter until December 31, 2009, the annual emissions of mercury from the following coal-fired thermal power generating stations owned or operated by Nova Scotia Power Incorporated and affiliated companies must not in any calendar year exceed, in the aggregate, 168 kg: (

a) Lingan; (

b) Point Tupper; (

c) Trenton; and (

d) Point Aconi. 4

Schedule C of the regulations is further amended by adding the following subsections immediately after subsection 3(1): (1A) Commencing January 1, 2010, and in each calendar year thereafter, the annual emissions of mercury from units in place and state as of October 11, 2006, within the coal-fired thermal power generating stations referred to in subsection (1) must not in any calendar year exceed, in the aggregate, 65 kg. (1B) If a unit in place and state as of October 11, 2006, within a coal-fired thermal power generating station referred to in subsection (1) is replaced with equivalent technology or any other steam-generating technology based on coal combustion, the unit must meet the standard for new facilities under the Canada-Wide Standards for Mercury Emissions from Coal-Fired Electric Power Generation Plants, endorsed by the Canadian Council of Ministers of the Environment, October 11, 2006, and is no longer included in the emission allocation of subsection (1A). (1C) Monitoring and testing of mercury emissions from coal-fired thermal power generating stations owned or operated by Nova Scotia Power Incorporated and affiliated companies must be conducted in accordance with a standard prescribed by the Administrator.

N.S. Reg. 393/2007 - 394/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 21 986 © NS Registry of Regulations. Web version. N.S. Reg. 393/2007 Made: September 6, 2007 Filed: September 27, 2007 Species-at-Risk List Regulations Order dated September 6, 2007 made by the Species-at-Risk Working Group pursuant to Sections 10 and 12 of the Endangered Species Act The Species-at-Risk Working Group, pursuant to Sections 10 and 12 of

Chapter 11 of the Acts of 1998, the Endangered Species Act, on 6 September 2007, Hereby lists by category species at risk in the Province of Nova Scotia, which are in addition to those listed in the Species-at-Risk List Regulations made by Order dated June 5, 2000, N.S. Reg. 109/2000; Peregrine Falcon Falco peregrinus Vulnerable Red Knot Calidris canutus rufa Endangered Chimney Swift Chaetura pelagica Endangered Common Nighthawk Chordeiles minor Threatened Ram’s-head Lady Slipper Cypripedium arietinum Endangered Rockrose (Canada Frostweed) Helianthemum canadense Endangered N.S.

Reg. 394/2007 Made: September 27, 2007 Filed: October 1, 2007 Prescribed Petroleum Products Prices Order dated September 27, 2007 made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 14 of the Petroleum Products Pricing Act In the Matter of

Section 14 of

Chapter 11 of the Acts of 2005 the Petroleum Products Pricing Act - and - In the Matter of Sections 14 to 18 of the Petroleum Products Pricing Regulations made by the Governor in Council pursuant to

Section 14 of the Petroleum Products Pricing Act - and - In the Matter of an Order Prescribing Prices for Petroleum Products made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 14 to 18 of the Petroleum Products Pricing Regulations Order I, Jamie Muir, Minister of Service Nova Scotia and Municipal Relations for the Province of Nova Scotia, pursuant to

Section 14 of

Chapter 11 of the Acts of 2005, the Petroleum Products Pricing Act, and Sections 14 to 18 of the Petroleum Products Pricing Regulations, hereby

N.S. Reg. 394/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 21 © NS Registry of Regulations. Web version. 987 (

a) repeal the Order dated September 20, 2007, which pr escribed prices for petroleum products in the Province effective on and after 12:01 a.m. on September 21, 2007; and (

b) prescribe prices for petroleum products in the Pr ovince as set forth in the tables in

Schedule “A”. This Order is effective on and after 12:01 a.m. on September 28, 2007. Made at Halifax, in the Halifax Regional Municipality, Nova Scotia, on September 27, 2007. Sgd.: Jamie Muir Honourable Jamie Muir Minister of Service Nova Scotia and Municipal Relations

Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on September 28, 2007 Table 1: Benchmark Prices for Regulated Petroleum Products (cents/litre) Regular unleaded gasoline 56.2 Mid-grade unleaded gasoline 59.2 Premium unleaded gasoline 62.2 Ultra low-sulfur diesel oil 61.8 Table 2: Fixed Wholesale Prices, Retail Mark-ups and Retail Prices for Regulated Petroleum Products (cents/litre) Retail Mark-up Retail Price (includes all taxes) Self-Service Full-Service Self-Service Full-Service Fixed Wholesale Price (excludes GST) Min Max Min Max Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 88.0 91.0 94.0 87.5 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 104.9 108.3 111.7 104.3 106.6 110.0 113.4 106.0 104.9 108.3 111.7 104.3 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 88.4 91.4 94.4 87.9 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 105.3 108.8 112.2 104.8 107.0 110.5 113.9 106.5 105.3 108.8 112.2 104.8 999.9 999.9 999.9 999.9

N.S. Reg. 394/2007 - 395/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 21 988 © NS Registry of Regulations. Web version.

Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 88.9 91.9 94.9 88.4 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 105.9 109.3 112.7 105.3 107.6 111.0 114.5 107.0 105.9 109.3 112.7 105.3 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 88.9 91.9 94.9 88.4 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 105.9 109.3 112.7 105.3 107.6 111.0 114.5 107.0 105.9 109.3 112.7 105.3 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 88.9 91.9 94.9 88.4 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 105.9 109.3 112.7 105.3 107.6 111.0 114.5 107.0 105.9 109.3 112.7 105.3 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 89.7 92.7 95.7 89.2 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 999.9 999.9 999.9 999.9 106.8 110.2 113.7 106.2 108.5 111.9 115.4 108.0 106.8 110.2 113.7 106.2 999.9 999.9 999.9 999.9 N.S.

Reg. 395/2007 Made: September 19, 2007 Approved: September 28, 2007 Filed: September 25, 2007 Kilometrage Rates, Monthly Allowances and Transportation Allowances Regulations Order in Council 2007-521 dated September 28, 2007 Regulations made by the Public Service Commission and approved by the Governor in Council pursuant to Sections 7 and 45 of the Civil Service Act The Governor in Council on the report and recommendation of the Minister of Human Resources dated September 19, 2007, and pursuant to Sections 7 and 45 of

Chapter 70 of the Revised Statutes of Nova Scotia, 1989, the Civil Service Act, is pleased to approve (

a) the repeal by the Public Service Commission of the Car Kilometrage Rates, Monthly Car Allowances and Transportation Allowances Regulations approved by Order in Council 2006-221 dated May 4, 2006; and (

b) the making by the Public Service Commission of new regulations respecting kilometrage rates, monthly allowances and transportation allowances in the form set forth in

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

Schedule “A” The Public Service Commission, pursuant to Sections 7 and 45 of

Chapter 70 of the Revised Statutes of Nova Scotia, the Civil Service Act, hereby repeals the Car Kilometrage Rates, Monthly Car Allowances and Transportation Allowances Regulations, N.S. Reg 69/2006, made by the Public Service Commission and approved by the Governor in Council by Order in Council 2006-221 dated May 4, 2006, and makes new regulations respecting kilometrage rates, monthly allowances and transportation allowances in the form attached.

N.S. Reg. 395/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 21 © NS Registry of Regulations. Web version. 989 Dated at Halifax, Nova Scotia, September 19, 2007. Sgd.: Carolyn Bolivar-Getson Honourable Carolyn Bolivar-Getson Minister of Human Resources Regulations Respecting Kilometrage Rates, Monthly Allowances and Transportation Allowances made by the Public Service Commission pursuant to Sections 7 and 45 of

Chapter 70 of the Revised Statutes of Nova Scotia, 1989, the Civil Service Act Citation 1 These regulations may be cited as the Kilometrage Rates, Monthly Allowances and Transportation Allowances Regulations.

Definitions 2 In these regulations, (a) “Act” means the Civil Service Act; (b) “former regulations” means the Car Kilometrage Rates, Monthly Car Allowances and Transportation Allowances Regulations, N.S. Reg. 69/2006, made by the Public Service Commission and approved by the Governor in Council by Order in Council 2006-221 dated May 4, 2006. Prior rates and allowances 3 Kilometrage rates and allowances as authorized by the former regulations must not be paid after March 31, 2007. Kilometrage rates 4 Except as provided in

Section 5, effective April 1, 2007, employees must be paid in accordance with the rates set out in the following table for all kilometres driven in connection with employment: Kilometres Driven Rate 0–16 000 km 39.87¢/km 16 000.1–27 000 km 35.18¢/km 27 000.1 km + 26.97¢/km Monthly allowances 5( 1 ) Effective April 1, 2007, an employee of the Department of Transportation and Public Works who holds the position of Engineering Survey Technician or Project Engineer must be paid a monthly allowance of $833.71 instead of the kilometrage rates set out in

Section 4.

(2) Effective April 1, 2007, scale house operators of the Registry of Motor Vehicles and road transport inspectors in the Department of Transportation and Public Works must be paid a monthly allowance instead of the kilometrage rates set out in

Section 4 in accordance with the following table:

N.S. Reg. 395/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 21 990 © NS Registry of Regulations. Web version. Kilometres Driven Rate 8–24 km $62.14 24–48.3 km $94.70 Over 48.3 km $159.82

(3) An employee who has been designated by the Commission as belonging to a class of employment for which availability of a motor vehicle is deemed to be a condition of employment may opt to receive a monthly allowance in accordance with subsection (4) instead of the kilometrage rates set out in

Section 4.

(4) Effective April 1, 2007, an employee who has opted to receive a monthly allowance under subsection (3) must be paid a monthly allowance for all kilometres driven in connection with employment of $309.92 plus 22.86¢/km. Request for change between kilometrage and allowance 6 If an employee who has the option of receiving a monthly allowance under subsection 5(3) wishes to change from a monthly allowance to the kilometrage rates under

Section 4 or from the kilometrage rates to a monthly allowance under subsection 5(4), the employee must notify the Public Service Commission in writing (

a) no later than April 30 in the year for which the change is requested; or (

b) no later than 30 days after they become eligible to make the option. Determining when vehicle is condition of employment 7( 1 ) In this Section, “designate” and “designation” refer to the designation by the Commission of an employee as belonging to a class of employment for which availability of a motor vehicle is deemed to be a condition of employment.

(2) A designation may be granted only on the recommendation of the Deputy Minister of the department in which the employee is employed.

(3) Subject to subsections (4) and (5), a decision by the Commission to designate an employee must be made in accordance with the following criteria: (

a) if the employee drives 3218.6 km per year or fewer in connection with employment, the designation must not be granted; (

b) if the employee drives more than 3218.6 km but fewer than 16 000 km per year in connection with employment, the decision to designate the employee must be based on criteria established by the applicable department and the department’s recommendation that using a privately- owned motor vehicle is the most efficient manner of providing transportation to fulfil the employee’s job function, particularly as it relates to providing services to the public; (

c) if the employee drives 16 000 km per year or more in connection with employment, the designation must be granted.

(4) In making a designation, the Commission must consider all of the following: (

a) whether the employee can travel more economically by means other than privately-owned vehicle without substantial impairment to the efficiency of service;

N.S. Reg. 395/2007 Royal Gazette

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b) the nature of the job function performed by the employee and any requirements for transportation that could be met by other means of transportation, including a rental vehicle and public transportation; (

c) whether an employee has control over the de mand for transportation and whether the demand for transportation can and does occur at any time; (

d) whether an employee must have transporta tion available, and how often transportation is needed.

(5) After considering the matters set out in subsection (4) in deciding whether to designate an employee, the Commission may act outside the criteria set out in subsection (3) if it determines that under the circumstances the criteria should not apply. Reductions in monthly car allowance 8( 1 ) An employee’s monthly allowance paid under

Section 5 must not be reduced as a result of any of the following: (

a) vacation; (

b) special leave with pay for 30 days or less; (

c) sick leave for 30 days or less.

(2) A monthly allowance paid under

Section 5 for an employee who is on special leave without pay must be reduced in proportion to the number of compensation days in the month for which the special leave was granted.

(3) If the Minister or a departmental official delegated by the Minister directs that an employee travel outside of their regular district and receive kilometrage rates under

Section 4 for that travel, the employee’s monthly allowance paid under subsection 5(1) or (2) must be reduced in proportion to the number of compensation days in the month that the employee is assigned out of their regular district, and the employee must be paid at the kilometrage rates set out in

Section 4 for the kilometres travelled outside of their regular district in connection with employment. No government vehicle for employees receiving monthly allowance 9 An employee who receives a monthly allowance under these regulations must not be assigned a government-owned motor vehicle. Personal use of government-owned vehicles 10

(1) In this Section, “personal use” means other than government business.

(2) An employee must obtain proper authorization before using a government-owned motor vehicle for personal use.

(3) Any kilometres driven on personal use must be repaid to the Province at the rate of 24.34¢/km. Approval required for other payments 11

(1) If specific requirements by departments, boards, agencies and commissions cannot be accommodated under

Section 4 or 5, the Minister may approve payment for using a privately-owned motor vehicle on a basis other than as prescribed by

Section 4 or 5 to address specific operating requirements.

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Part II - Regulations Vol. 31, No. 21 992 © NS Registry of Regulations. Web version.

(2) A payment approved by the Minister under subsection (1) must be approved by the Executive Council. Transportation allowance 12

(1) Effective April 1, 2007, an employee who is called back to work must be reimbursed for transportation to and from the place of work to a maximum of $8.99 per call.

(2) Effective April 1, 2007, an employee who is required to travel to and from work between midnight and six o’clock in the morning must be reimbursed for actual transportation expenses incurred to a maximum of $7.44 per shift. N.S. Reg. 396/2007 and 397/2007 Made: September 28, 2007 Filed: October 1, 2007 Designation of Persons Who May Access Records and Youth Justice Regulations Order in Council 2007-523 dated September 28, 2007 Designation made by the Governor in Council pursuant to clause 119(1)(

r) of the Youth Criminal Justice Act (Canada) and amendment to regulations made by the Governor in Council pursuant to

Section 37 of the Youth Justice Act The Governor in Council on the report and recommendation of the Minister of Justice dated September 12, 2007, is pleased, effective on and after September 28, 2007, to: (

a) pursuant to paragraph 119(1)(

r) of Chapte r 1 of the Statutes of Canada, 2002, the Youth Criminal Justice Act, to designate classes of persons for the purpose of the Youth Criminal Justice Act, as set out in

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

b) pursuant to

Section 37 of

Chapter 38 of the Acts of 2001, the Youth Justice Act, to amend the Youth Justice Regulations, N.S. Reg. 191/2003, made by the Governor in Council by Order in Council 2003-472 dated November 14, 2003, to identify persons to whom records may be disclosed under subsection 32(1) of the Youth Justice Act, in the manner set forth in

Schedule “B” attached to and forming part of the report and recommendation. N.S. Reg. 396/2007 Designation of Persons Who May Access Records

Schedule “A” Designation of Classes of Person[s] Who May Access Records made under paragraph 119(1)(

r) of

Chapter 1 of the Statutes of Canada, the Youth Criminal Justice Act Persons engaged in a research project entitled Pathways to Resilience are designated as persons or classes of persons under paragraph 119(1)(

r) of

Chapter 1 of the Statutes of Canada, 2002, the Youth Criminal Justice Act,

N.S. Reg. 396/2007 - 397/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 21 © NS Registry of Regulations. Web version. 993 who shall have access to records kept pursuant to

section 114 of the Youth Criminal Justice Act (Canada) and may have access to records kept pursuant to

section 115 and 116 of the Youth Criminal Justice Act (Canada), to the extent and in the manner set out in the research agreement between the Province and Dalhousie University. N.S. Reg. 397/2007 Youth Justice Regulations

Schedule “B” Amendment to the Youth Justice Regulations made by the Governor in Council pursuant to

Section 37 of

Chapter 38 of the Acts of 2001, the Youth Justice Act

Section 3 of the Youth Justice Regulations, N.S. Reg. 191/2003, made by the Governor in Council by Order in Council 2003-472, dated November 14, 2003, is amended by (

a) adding “any of the following:” immediately after “may be disclosed to”; (

b) striking out “or” after the semi-colon at the end of clause (b); (

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

c) and substituting a semi-colon; and (

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

d) persons engaged in a research project entitled Pathways to Resilience to the extent and in the manner set out in the research agreement between the Province and Dalhousie University.