Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 29, No. 22 November 25, 2005 Contents Act Reg. No.

Page Children and Family Services Act Proclamation, S. 8, S.N.S. 2005, c. 15 ......................................... 217/2005 618 Education Act Governor in Council Education Act Regulations – amendment ..................... 212/2005 608 Housing Act P r o v i n c i a l H o u s i n g E m e r g e n c y R e p a i r P r o g r a m R e g u l a t i o n s .......................214/2005 609 S e n i o r C i t i z e n s A s s i s t a n c e P r o g r a m R e g u l a t i o n s ................................215/2005 611 Motor Vehicle Act W i n t e r P a r k i n g R e g u l a t i o n s ................................................. 216/2005 612 Please note: Publication of N.S.

Reg. 213/2005 is dispensed with under subsection 4(3) of the Regulations Act by O.I.C. 2005-519, which will be published in Volume 29, Issue 23 dated December 9, 2005. 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. 212/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 22 608 N.S. Reg. 212/2005 Made: November 4, 2005 Filed: November 7, 2005 Governor in Council Education Act Regulations Order in Council 2005-491 dated November 4, 2005 Amendment to regulations made by the Governor in Council pursuant to

Section 146 of the Education Act The Governor in Council on the report and recommendation of the Minister of Education dated September 19, 2005, and pursuant to

Section 146 of

Chapter 1 of the Acts of 1995-96, the Education Act, is pleased to amend the Governor in Council Education Act Regulations, N.S. Reg. 74/97, made by the Governor in Council by Order in Council 97-405 dated June 24, 1997, to extend the deadline for applying for tuition support for students with special needs attending private schools, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after November 4, 2005.

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

Section 146 of

Chapter 1 of the Acts of 1995-96, the Education Act 1 Subsection 70(1) of the Governor in Council Education Act Regulations, N.S. Reg. 74/97, made by the Governor in Council by Order in Council 97-405 dated June 24, 1997, is amended by striking out “January 31” and substituting “March 1”. 2

Section 71 of the regulations is amended by (

a) renumbering

Section 71 as subsection 71(1); and (

b) adding the following subsection immediately after subsection 71(1):

(2) Despite subsection (1), a student who previously submitted an application for a funding unit and, at the date of that application, met the eligibility criteria listed in clauses 71(1)(b)-(

e) but did not meet clause 71(1)(

a) is eligible to apply for a funding unit if the student (

a) is a student with special needs as required by clause 71(1)(a); (

b) is enrolled in a designated special education private school. 3 Clause 72(1)(

c) of the regulations is amended by striking out “70(1)(d)” and substituting “70(1)(e)”. 4 The regulations are further amended by adding th e following subsection immediately after subsection 72(2): (2A) Despite subsections (1) and (2), if a student submits an application to the Reviewer for the 2005- 2006 school year after January 31, 2005, and on or before August 31, 2005, the Reviewer must grant a funding unit if the Reviewer is satisfied that (

a) the application includes all of th e information required by

Section 70;

N.S. Reg. 212/2005 - 214/2005 to 215/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 22 609 (

b) the student meets the eligibility criteria set out in

Section 71; and (

c) the Reviewer accepts the rati onale provided under clause 70(1)(e), and must notify the student, school board and Minister accordingly in writing with reasons. N.S. Reg. 214/2005 to 215/2005 Made: November 4, 2005 Filed: November 7, 2005 Provincial Housing Emergency Repair Program Regulations and Senior Citizens Assistance Program Regulations Order in Council 2005-496 dated November 4, 2005 Regulations made by the Governor in Council pursuant to

Section 26 of the Housing Act The Governor in Council on the report and recommendation of the Minister of Community Services dated April 7, 2005, and pursuant to

Section 26 of

Chapter 211 of the Revised Statutes of Nova Scotia, 1989, the Housing Act, is pleased, effective November 4, 2005, to: (

a) repeal the regulations respecting the Provincia l Housing Emergency Repair Program, N.S. Reg. 177/93, made by Order in Council 93-945 dated December 14, 1993; (

b) make regulations respecting the Provincial Housing Emergency Repair Program in the form set forth in

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

c) repeal the regulations respecting the Senior Citizens Assistance Program, N.S. Reg 341/90, made by Order in Council 90-1455 dated December 18, 1990; and (

d) make regulations respecting the Senior Citizens A ssistance Program in the form set forth in

Schedule “B” attached to and forming part of the report and recommendation. N.S. Reg. 214/2005 Provincial Housing Emergency Repair Program Regulations

Schedule “A” Regulations Respecting the Provincial Housing Emergency Repair Program made by the Governor in Council pursuant to

Section 26 of

Chapter 211 of the Revised Statutes of Nova Scotia, 1989, the Housing Act Citation 1 These regulations may be cited as the Provincial Housing Emergency Repair Program Regulations. Purpose 2 The purpose of the Provincial Housing Emergency Repair Program is to assist low income homeowners with urgent repairs required to maintain their home as a habitable unit.

N.S. Reg. 214/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 22 610

Definitions 3 In these regulations, (a) “Act” means the Housing Act; (b) “Program” means the Provincial Housing Emergency Repair Program; (c) “single family dwelling” includes a detached, semi-detached, row housing or mobile home; (d) “total household income” means the tota l gross income from all sources, including employment income, income from government programs, pension income, investment income and any other money income, for all persons in a household 15 years of age or over. Grants not to exceed amount 4( 1 ) The Minister may make a grant under the Program to an eligible person of up to a maximum of $5000.

(2) The approval of a grant and the advancement of funds is at the discretion of the Minister. Eligibility for grant 5 A person must meet all of the following conditions to be eligible for a grant under the Program: (

a) own and occupy the single family dwelling to be repaired as their principal place of residence for a minimum of 1 year; (

b) not have the financial resources to make the repairs; (

c) have a total household income equal [to] or less than the applicable household income limit set out in the following table: Location 1 bedroom 2 bedrooms 3+ bedrooms Halifax area $23 000 $28 000 $35 000 Small towns $18 500 $23 500 $25 000 Rest of Province $19 000 $23 000 $30 500 Grants only for urgent repairs 6( 1 ) A grant provided under the Program may only be used to make urgent repairs to the physical structure of an existing single family dwelling.

(2) For the purpose of subsection (1), an urgent repair must be both (

a) permanent; and (

b) required so that the dwelling can be safely occupied. Costs covered 7 A grant may only be used for (

a) the cost of labour by qualified persons at rates not exceeding standard industry rates plus applicable taxes; and

N.S. Reg. 214/2005 - 215/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 22 611 (

b) the cost of materials used by qualified pers ons at rates not exceeding standard industry rates for the materials plus applicable taxes. N.S. Reg. 215/2005 Senior Citizens Assistance Program Regulations

Schedule “B” Regulations Respecting the Senior Citizens Assistance Program made by the Governor in Council pursuant to

Section 26 of

Chapter 211 of the Revised Statutes of Nova Scotia, 1989, the Housing Act Citation 1 These regulations may be cited as the Senior Citizens Assistance Program Regulations. Purpose 2 The purpose of the Senior Citizens Assistance Program is to assist low income seniors who own their homes with urgent repairs required to maintain their home as a habitable unit.

Definitions 3 In these regulations (a) “Act” means the Housing Act; (b) “Program” means the Senior Citizens Assistance Program; (c) “single family dwelling” means a detached, semi-detached, row housing or mobile home; (d) “total household income” means the tota l gross income from all sources, including employment income, income from government programs, pension income, investment income and any other money income, for all persons in a household 15 years of age or over. Grants not to exceed amount 4

(1) The Minister may make a grant under the Program to an eligible person of up to a maximum of $5000.

(2) The approval of a grant and the advancement of funds is at the discretion of the Minister. Eligibility for grant 5 A person must meet all of the following conditions to be eligible for a grant under the Program: (

a) be 65 years of age or older; (

b) own and occupy the single family dwelling to be repaired as their principal place of residence for a minimum of 1 year; (

c) not have the financial resources to make the repairs; (

d) have a total household income that is equal to or less than the applicable household income limit set out in the following table:

N.S. Reg. 215/2005 - 216/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 22 612 Location 1 bedroom 2 bedrooms 3+ bedrooms Halifax area $23 000 $28 000 $35 000 Small towns $22 000 $23 500 $25 000 Rest of Province $22 000 $23 000 $30 500 Grant only for urgent repairs 6( 1 ) A grant provided under the Program may only be used to make urgent repairs to the physical structure of an existing single family dwelling.

(2) For the purpose of subsection (1), an urgent repair must be both (

a) permanent; and (

b) required so that the dwelling can be safely occupied. Costs covered 7 A grant may only be used for (

a) the cost of labour by qualified persons at rates not exceeding standard industry rates plus applicable taxes; and (

b) the cost of materials used by qualified pers ons at rates not exceeding standard industry rates for the materials plus applicable taxes. N.S. Reg. 216/2005 Made: November 7, 2005 Filed: November 9, 2005 Winter Parking Regulations Order dated November 7, 2005 made by the Deputy Provincial Traffic Authority for the Province of Nova Scotia pursuant to

Section 202 of the Motor Vehicle Act Winter Parking Regulations Effective December 12, 2005 Regulations made by the Deputy Provincial Traffic Authority Pursuant to

Section 202 of the Motor Vehicle Act R.S.N.S. 1989

Chapter 293

Whereas due to the congestion on the streets and highways in the communities as listed on

Schedule “A”, caused by vehicular and pedestrian traffic and the limitation on the free use of the streets liable to be caused by the presence of snow and ice thereon, I am of the opinion that special conditions exist and I do so declare. Therefore under the authority of

Section 202 of the Motor Vehicle Act, as Deputy Provincial Traffic Authority for the Province of Nova Scotia, I make the following temporary regulations:

N.S. Reg. 216/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 22 613 1 These regulations may be cited as the Winter Parking Regulations. 2( 1 ) Notwithstanding that certain traffic signs have been erected in the communities as listed on

Schedule “A” prohibiting or permitting vehicles to park or stand upon sections of highway during the hours stated thereon: (

a) no person shall park upon any highway or str eet in the communities as listed on

Schedule “A” between the hours of one o’clock in the forenoon and the hour of seven o’clock in the forenoon of the same day; (

b) no owner, driver or person having control or cu stody of any vehicle shall park the vehicle if it is unattended by a person authorized to move and capable of operating the same, upon any highway or streets in the communities as listed on

Schedule “A”, in such a manner as to hinder, inconvenience or prevent the proper removal of snow or ice from such highway or street; (

c) no owner, driver or person having control or custody of any vehicle shall during the period from one hour after any snow storm has commenced to two hours after such snow storm has stopped, park the vehicle if it is unattended by a person authorized to move and capable of operating the same, upon any highway or street of the communities as listed on

Schedule “A”.

(2) The provision of subsection (1) shall not apply to: (

a) a motor vehicle of a physician or surgeon park ed reasonably near their office or residence and immediately available for professional calls; (

b) a motor vehicle parked by a physician or su rgeon who is actually engaged in their professional occupation and reasonably near where he is so engaged; (

c) a motor vehicle parked by an operator who is actually engaged in discharging their duties as a police constable or a member of the police or the armed services; (

d) a motor vehicle parked by an operator who is actually engaged in discharging their duties as a member of a fire department; (

e) a commercial vehicle parked by an opera tor for the purpose of loading or unloading merchandise; (

f) a motor vehicle belonging to a public utility company or corporation parked reasonably near the residence of an operator and immediately available for emergency calls. 3 No owner or person having control or custody of any vehicle which has been parked contrary to these regulations shall leave the same standing or parked upon any highway, street or community as listed on

Schedule “A”. 4 The time referred to shall be the time which is from time to time legally in effect in the Province of Nova Scotia. 5 It shall be an offence for any person to fail to comply with these regulations and such person will be liable to a penalty as provided by

Section 292 of the Motor Vehicle Act.

N.S. Reg. 216/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 22 614 6 These regulations shall be in full force and effect from Monday, the 12th day of December, A.D. 2005 up to and including Friday, the 31st day of March, A.D. 2006. Dated at Halifax, Nova Scotia, this 7th day of November, 2005. Sgd: B. Clancey Bernie Clancey, P. Eng. Deputy Provincial Traffic Authority for the Province of Nova Scotia Winter Parking Regulations 11/03/05 Effective December 12, 2005 Regulations made by the Deputy Provincial Traffic Authority Pursuant to

Section 202 of the Motor Vehicle Act R.S.N.S. 1989

Chapter 293

Schedule “A” Annapolis County Aaron Park Subdivision Baptist Church Subdivision Bonaventure Subdivision Bonavista Subdivision Bridgetown/Carleton Corner (Route 201) Brookside Dr/Pine Grove Crescent Clementsport Road Forest View Subdivision Hidden Valley Subdivision Jefferson Subdivision Nictaux Flats Subdivision Nictaux (Route 201) Nictaux Falls (Trunk 10) Nictaux Falls Road Nictaux Road Nictaux (Trunk 10) Orchard Drive Paradise (Trunk 1) Pleasant Heights Subdivision Poplar Grove Subdivision Shady Rest Subdivision South Street Springfield (Trunk 10) Streets in Granville Ferry Taylor Road Torbrook Road Village of Bear River Village of Lawrencetown Ward Estates Subdivision Welton Lane Whispering Pines Subdivision

N.S. Reg. 216/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 22 615 Antigonish County Annies Bluff Appleseed Drive Arbor Drive Extension Brierly Way Brookside Way Celtic Drive Coady Court Crockett Court Chisholm Drive Church Street Extension Elliott Lane Grandview Drive Greenwold Avenue Harbour View Drive Harbour View Court Heritage Drive Highland Drive Extension Linden Drive Lorraine Lane MacInnis Way MacIsaacs Lane Market Street Mountainview Drive Old Highway 245 (Sylvan Valley) Pine Ridge Road Ponderosa Drive Pottery Lane Shieling Court Silver Birch Drive Sylvan Valley Lane Sylvan Valley Road Tamara Drive Townsend Street Trinity Lane Trotters Lane Village Lane Vincents Way West River Cross Road Whisper Avenue Wild Horse Drive Colchester County Barnhill Subdivision Brookfield Granville Drive, Onslow Hilden Londonderry Lower Truro MacKenzie Subdivision Old Halifax Road Parks Subdivision Princeton Heights Subdivision Salmon River Sinclair Subdivision Townsend Subdivision Truro Heights Village of Tatamagouche Village of Bible Hill Cumberland County Athol Road Biggs Drive, East Amherst D’Orsay Subdivision, East Amherst Joggins Maccan Village of Pugwash Village of River Hebert Wallace Digby County Church Point (Trunk 1) Comeauville (Trunk 1) Francis Drive Meteghan (Trunk 1) Point Prim Road Saulnierville (Trunk 1) Village of Bear River Village of Freeport Village of Weymouth Village of Sandy Cove Village of Westport Guysborough County Village of Guysborough Village of Sherbrooke

N.S. Reg. 216/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 22 616 Halifax Regional Municipality Antrim Bayside Bear Cove Beaverbank Black Point Blind Bay Boutiliers Point Brookside Carrolls Corner Chaswood Chezzetcook Conrad Settlement Cooks Brook Dean Dutch Settlement East Chezzetcook East Dover East Jeddore East Lawrencetown East Pennant East Petpeswick East Preston East Ship Harbour Elderbank Elmsdale Elmsvale Fall River Five Island Lake French Village Gaetz Brook Glen Haven Glen Margaret Goodwood Grand Desert Grand Lake Hacketts Cove Halibut Bay Hammonds Plains Harrietsfield Hatchet Lake Head of Chezzetcook Head Jeddore Head of St.

Margarets Bay Herring Cove Hubbards Indian Harbour Ingramport Ketch Harbour Lake Echo Lake Egmont Lake Charlotte Lantz Lawrencetown Lewis Lake Lower East Chezzetcook Lower Prospect Lower Tantallon Lower Three Fathom Harbour Lower West Jeddore McGraths Cove Meaghers Grant Middle Musquodoboit Middle Porters Lake Middle Village Mineville Moser River Musquodoboit Harbour Myers Point New Road Oakfield Oldham Ostrea Lake Peggys Cove Pleasant Point Pockwock Porters Lake Port Dufferin Portuguese Cove Preston Prospect Prospect Bay Queensland Salmon River Bridge Sambro Seabright Seaforth Shad Bay Sheet Harbour Sheldrake Lake Ship Harbour Smith Settlement Stillwater Lake Tangier Tantallon Terence Bay Three Fathom Harbour Upper Lakeville Upper Lawrencetown Upper Musquodoboit Upper Sackville Upper Tantallon Watt

Section Wellington West Chezzetcook West Dover West Jeddore West Lawrencetown West Pennant West Petpeswick Whites Lake Williamswood Yankeetown Hants County Brooklyn Currys Corner East Uniacke Ellershouse Elmsdale Enfield Etter Settlement Falmouth Five Mile Plains Garlands Crossing Lantz Lower Nine Mile River Martock Milford Mt. Uniacke Newport Station St. Croix Shubenacadie South Uniacke Three Mile Plains

N.S. Reg. 216/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 22 617 Inverness County Charles MacLean Road Cheticamp Church Street Hilltop Estates Kings Road Lovers Lane Mabou Village of Inverness Village of Port Hastings Kings County Albert McPhee’s Subdivision Aldershot Auburn B.

Morton Subdivision Blomidon View Subdivision Brookside Acres Subdivision Cambridge Canard Acres Subdivision Centreville Coldbrook Eagle Crest Subdivision Foley Park Subdivision Fox Hill Subdivision Fred Thomas Road from Rt. 341 north 0.5 km Grand Pre Greenwich Hants Border Harry Balsor Subdivision Kingsport Lamont Park Subdivision Lunns Subdivision North Alton North Kentville Pinevale Subdivision Riverside Park Subdivision Silver Lake Subdivision Village Green Subdivision Village of Aylesford Village of Canning Village of Cornwallis Square Village of Greenwood Village of Kingston Village of New Minas Village of Port Williams Lunenburg Village of Chester Western Shore Village of New Germany Queens County Village of Brooklyn Richmond County Village of St.

Peter’s Victoria County Village of Baddeck

N.S. Reg. 217/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 22 618 N.S. Reg. 217/2005 Made: November 10, 2005 Filed: November 14, 2005 Proclamation, S. 8, S.N.S. 2005, c. 15 Order in Council 2005-497 dated November 10, 2005 Proclamation made by the Governor in Council pursuant to

Section 8 of

An Act to Amend

Chapter 5 of the Acts of 1990, the Children and Family Services Act The Governor in Council on the report and recommendation of the Minister of Community Services dated October 13, 2005, pursuant to

Section 8 of

Chapter 15 of the Acts of 2005,

An Act to Amend

Chapter 5 of the Acts of 1990, the Children and Family Services Act, is pleased to order and declare by proclamation that

Chapter 15 of the Acts of 2005,

An Act to Amend

Chapter 5 of the Acts of 1990, the Children and Family Services Act, come into force on and not before November 30, 2005. PROVINCE OF NOVA SCOTIA Sgd: Myra A. Freeman G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, GREETING: A PROCLAMATION

WHEREAS in and by

Section 8 of

Chapter 15 of the Acts of 2005,

An Act to Amend

Chapter 5 of the Acts of 1990, the Children and Family Services Act, it is enacted as follows: 8 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 15 of the Acts of 2005,

An Act to Amend

Chapter 5 of the Acts of 1990, the Children and Family Services Act, come into force on and not before November 30, 2005; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 15 of the Acts of 2005,

An Act to Amend

Chapter 5 of the Acts of 1990, the Children and Family Services Act, come into force on and not before November 30, 2005, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Myra A. Freeman, Lieutenant Governor of the Province of Nova Scotia.

N.S. Reg. 217/2005 Royal Gazette

Part II - Regulations Vol. 29, No. 22 619 AT Our Government House in the Halifax Regional Municipality, this 10th day of November in the year of Our Lord two thousand and five and in the fifty-fourth year of Our Reign. BY COMMAND: Sgd: Ernest L. Fage Acting Provincial Secretary Acting Minister of Justice and Attorney General