Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 24, No. 2 January 28, 2000 Contents Act Reg. No.

Page Agriculture and Marketing Act Commodity Group Levy Order: M i l k P r o d u c e r s ’ A s s o c i a t i o n......................... 8 / 2000 21 Fisheries and Coastal Resources Act R e c r e a t i o n a l F i s h i n g R e g u l a t i o n s........................ 9 /2000 22 Health Research Foundation Act Health Research Foundation Regulations .................. 7 / 2000 18 Proclamation, S. 23, S.N.S. 1998, c. 14 ................... 6 / 2000 16 NOW AVAILABLE The first issue for the 2000 subscription year of the Nova Scotia Regulations CD-ROM, containing the consolidated regulations of Nova Scotia and the quarterly sectional index of regulations, is now available from the Office of the Registrar of Regulations.

For information or subscriptions please call (902) 424-6723 or visit our website at www.gov.ns.ca/just/regulations/cd. 15

N.S. Reg. 6/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 6/2000 Made: December 31, 1999 Filed: January 5, 2000 Proclamation, S. 23, S.N.S. 1998, c. 14 Order in Council 1999-666 made December 31, 1999 Proclamation made by the Governor in Council pursuant to

Section 23 of the Health Research Foundation Act The Governor in Council on the report and recommendation of the Minister of Health dated December 17, 1999, pursuant to

Section 23 of

Chapter 14 of the Acts of 1998, the Health Research Foundation Act, is pleased to order and declare by proclamation that

Chapter 14 of the Acts of 1998, the Health Research Foundation Act, come into force on and not before January 1, 2000. PROVINCE OF NOV A SCOTIA Sgd: J. James Kinley 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 23 of

Chapter 14 of the Acts of 1998, the Health Research Foundation Act, it is enacted as follows: 23 This Act comes into force on such day as the Governor in Council orders by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 14 of the Acts of 1998, the Health Research Foundation Act, come into force on January 1, 2000; 16

N.S. Reg. 6/2000 ROYAL GAZETTE

Part II Regulations 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 14 of the Acts of 1998, the Health Research Foundation Act, come into force on January 1, 2000, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved His Honour the Honourable J. James Kinley, CD, S.M., D.Eng., P.Eng., FEIC, Lieutenant Governor of the Province of Nova Scotia.

AT Our Government House in the Halifax Regional Municipality, this 31 st day of December, in the year of Our Lord one thousand nine hundred and ninety-nine and in the forty- eighth year of Our Reign. BY COMMAND: Sgd: Michael G . Baker Provincial Secretary Minister of Justice and Attorney General 17

N.S. Reg. 7/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 7/2000 Made: December 31, 1999 Filed: January 5, 2000 Health Research Foundation Regulations Order in Council 1999-667 made December 31, 1999 Regulations made by the Governor in Council pursuant to

Section 21 of the Health Research Foundation Act The Governor in Council on the report and recommendation of the Minister of Health dated December 17, 1999, pursuant to

Section 21 of

Chapter 14 of the Acts of 1998, the Health Research Foundation Act, is pleased to make regulations respecting the operations of the Health Research Foundation in the form set forth in

Schedule “A”, attached to and forming part of the report and recommendation, effective January 1, 2000.

Schedule “A” Regulations respecting the operation of the Nova Scotia Health Research Foundation made by the Governor in Council pursuant to

Section 21 of

Chapter 14 of the Acts of 1998, the Health Research Foundation Act Citation 1 These regulations may be cited as the Health Research Foundation Regulations.

Definitions 2 In these regulations, (a) “Act” means the Health Research Foundation Act; (b) “health-outcome research” means research into changes in the health status of populations due to the implementation of health programs and services; (c) “health public-policy research” means research into the impact of social factors, allocation of resources, legal and ethical issues, and the administration, organization, and financing of health care; (d) “health-services research” means research into the efficiency and effectiveness of the management, organization, and delivery of health services; and (e) “medical research” includes basic scientific and biomedical research as well as clinical and epidemiological investigations. 18

N.S. Reg. 7/2000 ROYAL GAZETTE

Part II Regulations Distribution of funding 3( 1 ) The annual grant made to the Foundation pursuant to

Section 14 of the Act shall be distributed in accordance with the objects of the Foundation in

Section 4 of the Act as follows: (a) 40% shall be spent on medical research; (b) 15% shall be spent on health-outcome research; (c) 15% shall be spent on health-services research; (d) 15% shall be spent on health public-policy research; and (

e) a maximum of 15% may be spent on the administration of the Foundation and 5% of the total amount spent on administration shall be spent on increasing the public knowledge and awareness of the Foundation and communicating research findings pursuant to clauses 4(

c) and 12(

d) of the Act.

(2) If less than 15% of the total annual grant is spent on administration costs pursuant to clause (1)(e), the remaining portion shall be reallocated to one of the categories outlined in clauses (1)(

a) through (

d) in a manner determined by the Board.

(3) In the fiscal years of 2000 to 2001 and 2001 to 2002, the Board shall allocate $500 000 of the money granted to medical research pursuant to clause (1)(

a) to support the Medical Research Council Regional Support Program, which is a 5-year partnership between Dalhousie University, the Department of Health and the Medical Research Council of Canada.

(4) If additional funding is required during the fiscal years 2000 to 2001 and 2001 to 2002 for the Medical Research Council Regional Support Program or any other peer-reviewed research granting agency funded by the federal government, a request for funding will be reviewed by the Board on its individual merit.

(5) If in any of the categories outlined in clauses (1)(

a) through (d), less than the total money allocated is spent, the remaining portion shall be reallocated to one of the remaining categories outlined in clauses (1)(

a) through (

d) in a manner determined by the Board.

(6) Any person or organization that receives a research grant from the Foundation shall spend a percentage of the grant money, as determined by the Board, on the dissemination of the research findings in a manner determined by the Board. Budget 4( 1 ) The Board shall submit to the Minister, a budget setting out the Foundation’s anticipated expenditures for the subsequent fiscal year, on or before February 28 th of the prior fiscal year.

(2) The Minister retains the right of final approval of the budget, and may make changes as the Minister considers necessary. 19

N.S. Reg. 7/2000 ROYAL GAZETTE

Part II Regulations Books and records 5( 1 ) The Board shall make all books and records available to the Minister or the Minister’s representative for review, upon request, as considered necessary by the Minister.

(2) The Board shall prepare the annual financial statements of the Foundation required pursuant to subsection 17(1) of the Act in accordance with the accounting recommendations for not-for-profit organizations as outlined in

Section 4400 of the Canadian Institute of Chartered Accountants Handbook. Auditing of the Foundation 6( 1 ) The Board shall annually appoint a licensed public accountant to be the auditor of the Foundation in order to prepare the annual financial statements of the Foundation referred to in subsection 5(2).

(2) Where the Board does not appoint an auditor in accordance with subsection (1), the Minister shall appoint one on behalf of the Board.

(3) The Board shall make all books and records available to the Auditor General of Nova Scotia, the internal auditors of the Department of Health, and any other auditors, as considered necessary by the Minister.

(4) An auditor shall have free access to all books, records, documents, and all other supporting information of the Foundation and shall be entitled to receive from the Board and the officers and employees of the Foundation such information and explanations that, in the opinion of the auditor, are necessary for the performance of the auditor’s duties. 20

N.S. Reg. 8/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 8/2000 Made: Undated Filed: January 6, 2000 Commodity Group Levy Order: Milk Producers’ Association Order made under

Section 46 of the Agriculture and Marketing Act Levy Approval

WHEREAS Part F,

Section 46 of

Chapter 6 of the Revised Statutes of Nova Scotia, 1989, the Agriculture and Marketing Act, provides that the Minister by order may designate a body of producers of a specific agricultural product as a commodity group, which commodity group may, with the approval of the Minister, require any person engaged in the production of the commodity to pay to the commodity group an amount fixed by way of levy or charge; AND

WHEREAS the Minister of Agriculture and Marketing on January 26, 1989 designed the Nova Scotia Milk Producers Association as a commodity group; AND

WHEREAS the Minister of Agriculture and Marketing has been requested to approve a new levy imposed by the commodity group;

NOW THEREFORE WITNESSETH THAT the Minister of Agriculture and Marketing hereby approves the milk check off (levy) shall be $0.44 per kilogram of butterfat, effective on from and after December 1, 1999. Signed: Ernest L. Fage Ernest Fage, Minister Agriculture and Marketing Date: , 2000 21

N.S. Reg. 9/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 9/2000 Made: January 11, 2000 Filed: January 13, 2000 Recreational Fishing Regulations Order in Council 2000-7 made January 11, 2000 Regulations made by the Governor in Council pursuant to

Section 81 of the Fisheries and Coastal Resources Act The Governor in Council on the report and recommendation of the Minister of Fisheries and Aquaculture dated December 15, 1999, pursuant to

Section 81 of

Chapter 25 of the Acts of 1996, the Fisheries and Coastal Resources Act, is pleased to make new regulations respecting recreational fishing in the form set forth in

Schedule "A" attached to and forming part of the report and recommendation effective on, from and after January 11, 2000.

Schedule "A" Regulations respecting recreational fishing made by the Governor in Council pursuant to

Section 81 of

Chapter 25 of the Acts of 1996, the Fisheries and Coastal Resources Act 1 These regulations may be cited as the Recreational Fishing Regulations. 2 From September 1 to September 30 in each year, no person shall angle for brook trout, brown trout, lake trout or rainbow trout using any lures other than unbaited lures or lures baited with artificial flies. 3 No person shall angle from April 1 to April 15 in each year on main river sections listed in

Schedule “A” for all fish species.

Schedule “A” Recreational Fishing Area 1 Margaree River , Inverness County, from the highway bridges at East Margaree upstream to the bridges at Big Intervale on the Northeast Margaree and upstream to the Scotsville bridge on the Southwest Margaree. Grand River , Richmond County, from the highway bridge at Grand River upstream to the highway bridge at the head of Loch Lomond. Marie Joseph Brook, Richmond County, from the head of Lower Marie Joseph Lake upstream to the outlet of Upper Marie Joseph Lake.

Framboise River, Richmond County, upstream from the Highway 327 bridge at Framboise including Middle River Framboise, Northeast Framboise River and Bagnells River, not including tributaries to those rivers. 22

N.S. Reg. 9/2000 ROYAL GAZETTE

Part II Regulations River Tillard, Richmond County, from the Highway 4 bridge upstream to the bridge at Sporting Mountain. River Inhabitants, Richmond County, from the Highway 4 bridge upstream to the Highway 105 bridge at Kingsville. Baddeck River, Victoria County, upstream from the Harris Pool including the North Branch Baddeck River, not including tributaries to those rivers. Middle River, Victoria County, from the Highway 105 bridge upstream to the Cabot Trail bridge near Findlayson. Catalone River, Cape Breton County, from the highway bridge at Catalone upstream to the outlet of Belle Lake.

Gerratt Brook, Cape Breton County, from the highway bridge on Main Street in Louisbourg upstream to the outlet of Kelly Lake. Lorraine Brook, Cape Breton County, from the highway bridge near Big Lorraine upstream to its outlet at MacVickers Lake. Mira River, Cape Breton County, upstream from the highway bridge at Victoria Bridge. Salmon River, Cape Breton County, upstream to the still water at Silver Mine. Gaspereau River, Cape Breton County, upstream to the outlet of Gaspereau Lake.

Recreational Fishing Area 2 South River, Antigonish County, from the Highway 104 bridge upstream to the bridge that marks the outlet of Loch Katrine (South River Lake). West River, Antigonish County, from the CN Railway bridge east of Antigonish upstream to the bridge at Addington Forks. Brierly Brook, Antigonish County, from the CN Railway bridge upstream to the Highway 104 bridge. Pomquet River, Antigonish County, from the CN Railway bridge upstream to the Highway 104 bridge.

Barneys River, Pictou County, from a point 500 meters downstream from the Highway 245 bridge upstream to the Highway 104 bridge at Barneys River Station and upstream on West Branch Barneys River to the bridge at Avondale Station. French River , Pictou County, from a point 500 meters downstream from the Highway 245 upstream to the confluence of the East and West branches. Sutherlands River, Pictou County, from the CN Railway bridge upstream to Park Falls. 23

N.S. Reg. 9/2000 ROYAL GAZETTE

Part II Regulations West River, Pictou County, from the Highway 6 bridge (Loch Broom) upstream to the Highway 4 bridge at Central West River. River John, Pictou County, from the CN Railway bridge upstream to the confluence of the East and West branches. St. Mary’s River, Guysborough County, from the highway bridge at Sherbrooke to a point 100 meters upstream from Silver’s Bridge, and upstream to the highway bridge at Glenelg. Liscomb River , Guysborough County, from a point 70 meters upstream from the highway bridge at Liscomb Mills upstream to the outlet of Big Stillwater Lake.

Recreational Fishing Area 3 East River Sheet Harbour, Halifax County, from the Department of Fisheries and Oceans barrier dam upstream to Malay Falls. Musquodoboit River, Halifax County, from a point 300 meters downstream from the Highway 7 bridge upstream to a point 100 meters upstream from the first Highway 357 bridge (Crawford’s Bridge). Recreational Fishing Area 6 Waugh’s River , Colchester County, from the Highway 6 bridge upstream to the bridge on Highway 256 at The Falls. French River, Colchester County, from the Highway 6 bridge upstream to the bridge on Highway 246 at Oliver.

Wallace River, Cumberland County, from the CN Railway bridge upstream to the bridge on Highway 104 at Wentworth Center. River Phillip, Cumberland County, from the foot of Hannons Falls upstream to the bridge at Oxford Junction. 24