September 25, 2024 Minimum Planning Requirements Regulations–amendment

N.S. Reg. 205/2024

Nova Scotia — Gazette

In force date of regulations: As of November 28, 2023*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act. A regulation comes into force on the date it is filed unless the regulation states that it comes into force on a later date, or the Act that the regulation is made under authorizes the regulation to come into force on a date earlier than the date it was filed or authorizes another method of coming into force. *Date that subsections 3(4) and (5) of

Chapter 54 of the Acts of 2022,

An Act to Amend

Chapter 393 of the Revised Statutes, 1989, the Regulations Act, were proclaimed in force. Volume 48, No. 21 October 18, 2024

Part II Halifax, Nova Scotia Regulations under the Regulations Act Published by Authority Contents Act Reg. No.

Page Adult Learning Act Adult Learning Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208/2024 587 Employment Support and Income Assistance Act Employment Support and Income Assistance Regulations–amendment . . . . . . . . . . . . . . . 214/2024 592 Halifax Regional Municipality Charter Minimum Planning Requirements Regulations–amendment. . . . . . . . . . . . . . . . . . . . . . . . 205/2024 584 Petroleum Products Pricing Act Prescribed Petroleum Products Prices (dispensed from publication). . . . . . . . . . . . . . . . . . 206/2024 585 Prescribed Petroleum Products Prices (dispensed from publication). . . . . . . . . . . . . . . . . . 209/2024 588 Prescribed Petroleum Products Prices (dispensed from publication). . . . . . . . . . . . . . . . . . 210/2024 588 Public Service Act Special Operating Agency Designation–Nova Scotia International Medical Graduate Assessment Centre . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211/2024 588

Summary Proceedings Act

Summary Offence Tickets Regulations–amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207/2024 585 Victims’ Rights and Services Act Criminal Injuries Compensation Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . . 212/2024 589 Regulations Amending the

Schedule to the Act Listing Criminal Offences–amendment . . 213/2024 591 583

N.S. Reg. 205/2024 Royal Gazette

Part II - Regulations Vol. 48, No. 21 N.S. Reg. 205/2024 Made: September 25, 2024 Filed: September 25, 2024 Minimum Planning Requirements Regulations–amendment Order dated September 25, 2024 Amendment to regulations made by the Minister of Municipal Affairs and Housing pursuant to subsection 229(4) of the Halifax Regional Municipality Charter In the matter of subsection 229(4) of

Chapter 39 of the Acts of 2008, the Halifax Regional Municipality Charter -and- In the matter of an amendment to the Minimum Planning Requirements Regulations made by the Minister of Municipal Affairs and Housing under subsection 229(4) of the Halifax Regional Municipality Charter Order I, John A. Lohr, Minister of Municipal Affairs and Housing for the Province of Nova Scotia, pursuant to subsection 229(4) of

Chapter 39 of the Acts of 2008, the Halifax Regional Municipality Charter, hereby amend the Minimum Planning Requirements Regulations, N.S. Reg. 138/2019, made by the Minister of Municipal Affairs and Housing by order dated August 28, 2019, in the manner set forth in the attached

Schedule “A”. This order is effective on and after the date it is filed. Dated and made September 25, 2024, at Halifax Regional Municipality, Province of Nova Scotia. sgd. John Lohr Honourable John A. Lohr Minister of Municipal Affairs and Housing

Schedule “A” Amendment to the Minimum Planning Requirements Regulations made by the Minister of Municipal Affairs and Housing under subsection 229(4) of

Chapter 39 of the Acts of 2008, the Halifax Regional Municipality Charter The Minimum Planning Requirements Regulations, N.S. Reg. 138/2019, made by the Minister of Municipal Affairs and Housing by order dated August 28, 2019, are amended by repealing clause 4A(2)(

f) and substituting the following clause: (

f) for developments enabled under the Municipality’s Conservation Design Development policies in the Regional Municipal Planning Strategy that begin construction before April 1, 2027, determine the maximum density of a development based on a lot’s gross area and not on its net area; 584

N.S. Reg. 206/2024 - 207/2024 Royal Gazette

Part II - Regulations Vol. 48, No. 21 N.S. Reg. 206/2024 Made: September 26, 2024 Filed: September 26, 2024 Prescribed Petroleum Products Prices Order dated September 26, 2024 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations [Please note: Prescribed Petroleum Products Prices filed with the Office of the Registrar of Regulations on and after January 23, 2023, will no longer be published in the Royal Gazette

Part II. Publication of the Prescribed Petroleum Products Prices has been dispensed with by order of the Attorney General dated January 23, 2023, and published on page 63 of the February 10, 2023, issue of the Royal Gazette

Part II. Current and historical Prescribed Petroleum Products Prices are available for inspection in person at the Office of the Registrar of Regulations and can be viewed on the Nova Scotia Utility and Review Board’s website at the following address: https://nsuarb.novascotia.ca/mandates/gasoline-diesel-pricing.] N.S. Reg. 207/2024 Made: September 24, 2024 Filed: October 1, 2024

Summary Offence Tickets Regulations–amendment Order dated September 24, 2024 Amendment to regulations made by the Attorney General and Minister of Justice pursuant to

Section 8 of the

Summary Proceedings Act Order Made under

Section 8 of

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

Summary Proceedings Act I, Barbara Adams, Attorney General and Minister of Justice for the Province of Nova Scotia, pursuant to

Section 8 of

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

Summary Proceedings Act, effective on and after the date of this order, hereby (

a) amend the

Summary Offence Tickets Regulations, N.S. Reg. 281/2011, made by order of the Attorney General and Minister of Justice dated October 4, 2011, to designate certain offences under the Short-Term Rentals Registration Act as

summary offence ticket offences, in the manner set forth in the attached

Schedule “A”; and (

b) order and direct that the penalty to be entered on a summons in respect of an offence set out in amendments to the schedules to the

Summary Offence Tickets Regulations, N.S. Reg. 281/2011, as set forth in the attached

Schedule “A”, is the out-of-court settlement amount listed in the out-of-court settlement column set out opposite the description for the offence, and includes the charge provided for in, and in accordance with, Sections 8 and 9 of the Act. Dated and made Sept 24, 2024, at Halifax, Halifax Regional Municipality, Province of Nova Scotia. sgd. Barbara Adams Honourable Barbara Adams Attorney General and Minister of Justice 585

N.S. Reg. 207/2024 Royal Gazette

Part II - Regulations Vol. 48, No. 21

Schedule “A” Amendment to the

Summary Offence Tickets Regulations made by the Attorney General and Minister of Justice pursuant to

Section 8 of

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

Summary Proceedings Act The

Summary Offence Tickets Regulations, N.S. Reg. 281/2011, made by order of the Attorney General and Minister of Justice dated October 4, 2011, are amended by adding the follow [following]

schedule immediately after

Schedule 50:

Schedule 51 Regulations made under the Short-Term Rentals Registration Act Offence

Section Out of Court Settlement 1 Operating as commercial short-term rental host without being registered in accordance with regulations (specify) first offence second offence third or subsequent offence 5(5) $2000.00 $4000.00 $8000.00 2 Operating as platform operator without being registered in accordance with regulations (specify) first offence second offence third or subsequent offence 5(7) $2000.00 $4000.00 $8000.00 3 Operating as whole home primary residence short-term rental host without being registered in accordance with regulations (specify) first offence second offence third or subsequent offence 5(4) $1000.00 $2000.00 $4000.00 4 Operating as traditional tourist accommodation host without being registered in accordance with regulations (specify) first offence second offence third or subsequent offence 5(6) $1000.00 $2000.00 $4000.00 5 Failing to comply with terms and conditions of registration first offence second offence third or subsequent offence 10(4) $1500.00 $3000.00 $6000.00 586

N.S. Reg. 208/2024 Royal Gazette

Part II - Regulations Vol. 48, No. 21 N.S. Reg. 208/2024 Made: October 1, 2024 Filed: October 1, 2024 Adult Learning Regulations–amendment Order dated October 1, 2024 Amendment to regulations made by the Minister of Labour, Skills and Immigration pursuant to

Section 15 of the Adult Learning Act In the matter of

Section 15 of

Chapter 31 of the Acts of 2010, the Adult Learning Act -and- In the matter of an amendment to the Adult Learning Regulations made by the Minister of Labour, Skills and Immigration Order I, Jill Balser, Minister of Labour, Skills and Immigration for the Province of Nova Scotia, pursuant to

Section 15 of

Chapter 31 of the Acts of 2010, the Adult Learning Act, hereby amend the Adult Learning Regulations, N.S. Reg. 132/2014, made by the Minister of Labour and Advanced Education by order dated June 24, 2014, to prescribe additional forms of recognition of adult learning, in the form [manner] set forth in the attached

Schedule “A”, effective on and after the date it is filed with the Registrar of Regulations. Dated and made October 1, 2024, at Halifax Regional Municipality, Province of Nova Scotia. sgd. Jill Balser Honourable Jill Balser Minister of Labour, Skills and Immigration

Schedule “A” Amendment to the Adult Learning Regulations made by the Minister of Labour, Skills and Immigration under

Section 15 of

Chapter 31 of the Acts of 2010, the Adult Learning Act 1 The heading immediately before

Section 7 of the Adult Learning Regulations, N.S. Reg. 132/2014, made by the Minister of Labour and Advanced Education by order dated June 24, 2014, is amended by striking out “international credentials and prior learning” from the heading and substituting “adult learning”. 2

Section 7 to the regulations is amended by (

a) striking out “international” immediately after “The following”; (

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

b) and substituting a semicolon; and (

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

c) the Canadian Adult Education Credential (CAEC). 587

N.S. Reg. 209/2024 - 211/2024 Royal Gazette

Part II - Regulations Vol. 48, No. 21 N.S. Reg. 209/2024 Made: October 3, 2024 Filed: October 3, 2024 Prescribed Petroleum Products Prices Order dated October 3, 2024 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations [Please note: Prescribed Petroleum Products Prices filed with the Office of the Registrar of Regulations on and after January 23, 2023, will no longer be published in the Royal Gazette

Part II. Publication of the Prescribed Petroleum Products Prices has been dispensed with by order of the Attorney General dated January 23, 2023, and published on page 63 of the February 10, 2023, issue of the Royal Gazette

Part II. Current and historical Prescribed Petroleum Products Prices are available for inspection in person at the Office of the Registrar of Regulations and can be viewed on the Nova Scotia Utility and Review Board’s website at the following address: https://nsuarb.novascotia.ca/mandates/gasoline-diesel-pricing.] N.S. Reg. 210/2024 Made: October 7, 2024 Filed: October 7, 2024 Prescribed Petroleum Products Prices Order dated October 7, 2024 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations [Please note: Prescribed Petroleum Products Prices filed with the Office of the Registrar of Regulations on and after January 23, 2023, will no longer be published in the Royal Gazette

Part II. Publication of the Prescribed Petroleum Products Prices has been dispensed with by order of the Attorney General dated January 23, 2023, and published on page 63 of the February 10, 2023, issue of the Royal Gazette

Part II. Current and historical Prescribed Petroleum Products Prices are available for inspection in person at the Office of the Registrar of Regulations and can be viewed on the Nova Scotia Utility and Review Board’s website at the following address: https://nsuarb.novascotia.ca/mandates/gasoline-diesel-pricing.] N.S.

Reg. 211/2024 Made: October 7, 2024 Filed: October 8, 2024 Special Operating Agency Designation–Nova Scotia International Medical Graduate Assessment Centre Order in Council 2024-367 dated October 7, 2024 Designation made by the Governor in Council pursuant to Sections 4 and 16 of the Public Service Act The Governor in Council on the report and recommendation of the Minister of Health and Wellness dated October 1, 2024, and pursuant to Sections 4 and 16 of

Chapter 376 of the Revised Statutes of Nova Scotia, 1989, the Public Service Act, is pleased, effective on and after October 7, 2024, to 588

N.S. Reg. 211/2024 - 212/2024 Royal Gazette

Part II - Regulations Vol. 48, No. 21 (

a) designate a special operating agency to be known as the Nova Scotia International Medical Graduate Assessment Centre; [N.S. Reg. 211/2024] and (

b) assign to the Minister of Health and Wellness the supervision, direction and control of all affairs and matters concerning the Nova Scotia International Medical Graduate Assessment Centre. [Clause (

b) not filed as a regulation.] N.S. Reg. 212/2024 and 213/2024 Made: October 8, 2024 Filed: October 8, 2024 Criminal Injuries Compensation Regulations–amendment; Regulations Amending the

Schedule to the Act Listing Criminal Offences–amendment Order in Council 2024-371 dated October 8, 2024 Amendment to regulations made by the Governor in Council pursuant to

Section 14 of the Victims’ Rights and Services Act The Governor in Council on the report and recommendation of the Attorney General and Minister of Justice dated May 14, 2024, and pursuant to

Section 14 of

Chapter 14 of the Acts of 1989, the Victims’ Rights and Services Act, is pleased, effective on and after October 22, 2024, to (

a) amend the Criminal Injuries Compensation Regulations, N.S. Reg. 24/1994, made by the Governor in Council by Order in Council 94-119 dated February 15, 1994, in the manner set forth in

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

b) amend the Regulations Amending the

Schedule to the Act Listing Criminal Offences, N.S. Reg. 243/2008, made by the Governor in Council by Order in Council 2008-185 dated April 7, 2008, in the manner set forth in

Schedule “B” attached to and forming part of the report and recommendation. N.S. Reg. 212/2024 Criminal Injuries Compensation Regulations–amendment

Schedule “A” Amendment to the Criminal Injuries Compensation Regulations made by the Governor in Council under

Section 14 of

Chapter 14 of the Acts of 1989, the Victims’ Rights and Services Act 1

Section 1 of the Criminal Injuries Compensation Regulations, N.S. Reg. 24/1994, made by the Governor in Council by Order in Council 94-119 dated February 15, 1994, is amended by striking out “Compensation” and substituting “Counselling”. 2

Section 2 of the regulations is repealed and the following

Section substituted: 2

(1) An application for counselling pursuant to subsection 11A(1) of the Act shall be (

a) in a form prescribed by the Director; and (

b) accompanied by an authorization to release information in a form prescribed by the 589

N.S. Reg. 212/2024 Royal Gazette

Part II - Regulations Vol. 48, No. 21 Director.

(2) An application for counselling is deemed to be filed on the date the completed application is received in the office of the Criminal Injuries Counselling Program. 3 The regulations are further amended by repealing

Section 3. 4 Sections 5 and 5A of the regulations are repealed and the following Sections substituted: 5 Counselling services, other than for victims of human trafficking or homicide, may be provided in the form of individual counselling, group counselling or alternative therapeutic approaches, so long as approved by the Director or recommended by an approved counsellor as part of an approved treatment program, at the applicable rate set out in

Section 5AC to a maximum of $4118.00 over a 2- year period beginning on the date of the Director’s approval. 5A Counselling services for victims of a human trafficking offence as prescribed in the

Schedule to the Act, or an immediate family member of an offence that falls within the definition of homicide in the Criminal Code (Canada) and is prescribed in the

Schedule to the Act, may be provided in the form of individual counselling, group counselling or alternative therapeutic approaches, so long as approved by the Director or recommended by an approved counsellor as part of an approved treatment program, at the applicable rate set out in

Section 5AC to a maximum of $8235.00 over a 3-year period beginning on the date of the Director’s approval. 5AA Where necessary due to exceptional circumstances, the Director, in their sole discretion, may approve counselling services beyond the time limits, rates and maximums provided for in Sections 5 to 5A. 5AB The Director may approve counselling pursuant to

Section 5 in respect of the following Criminal Code (Canada) offences if the offence occurred in the context of intimate partner violence or was motivated by hatred against an identifiable group: (a) 264.1 uttering threats; (b) 430(1) mischief. 5AC Counselling services pursuant to

Section 5 or 5A shall be paid at the following rates: (

a) for a registered psychologist as defined in the Psychologists Act, or an individual who has a similar status in another province of Canada, state or country, $210.00 per hour; (

b) for a social worker as defined in the Social Workers Act, or an individual who has a similar status in another province of Canada, state or country, $175.00 per hour; and (

c) for a counselling therapist as defined in the Counselling Therapists Act, or an individual who has a similar status in another province of Canada, state or country, $160.00 per hour. 5

Section 5B of the regulations is amended by striking out “compensation” and substituting “counselling services”. 6 (1) Subsection 6(2) of the regulations is amended by striking out “an award or” and substituting “the”. (2) Subsection 6(3) of the regulations is amended by striking out “award or”. 7 The regulations are further amended by repealing Form 3. 590

N.S. Reg. 213/2024 Royal Gazette

Part II - Regulations Vol. 48, No. 21 N.S. Reg. 213/2024 Regulations Amending the

Schedule to the Act Listing Criminal Offences–amendment

Schedule “B” Amendment to the Regulations Amending the

Schedule to the Act Listing Criminal Offences made by the Governor in Council under

Section 14 of

Chapter 14 of the Acts of 1989, the Victims’ Rights and Services Act The Regulations Amending the

Schedule to the Act Listing Criminal Offences, N.S. Reg. 243/2008, made by the Governor in Council by Order in Council 2008-185 dated April 7, 2008, are amended by repealing Sections 2 and 3 and substituting the following Sections: Additions to

Schedule 2 The following descriptions of criminal offences are added to the

Schedule to the Victims’ Rights and Services Act: (a) “87 pointing a firearm”, immediately after “86 dangerous use of firearms”; (b) “155(1) incest”, “160(2) compelling the commission of bestiality”, “160(3) bestiality in presence of or by child”, “162 voyeurism”, “162.1 publication, etc., of an intimate image without consent”, and “163.1 child pornography”, immediately after “153 sexual exploitation”; (c) “172.1 luring a child”, immediately after “170 parent or guardian procuring sexual activity”; (d) “264 criminal harassment” and “264.1 uttering threats” immediately after “262 impeding attempt to save life”; (e) “279.01 trafficking in persons”, “279.011 trafficking of a person under the age of eighteen years”, “279.02 material benefit— trafficking” and “279.03 withholding or destroying documents— trafficking”, immediately after “279 kidnapping”; (f) “318 advocating genocide”, “319(1) public incitement of hatred” and “319(2) wilful promotion of hatred”, immediately after “281 abduction of a person under 14”; (g) “430(1) mischief” immediately after “423 intimidation”.

Deletions from

Schedule 3 The following descriptions of criminal offences are deleted from the

Schedule to the Victims’ Rights and Services Act: (a) “65 taking

part in a riot”; (b) “249(1)(

b) dangerous operation of vessels”; (c) “437 false fire alarm”. 591

N.S. Reg. 214/2024 Royal Gazette

Part II - Regulations Vol. 48, No. 21 N.S. Reg. 214/2024 Made: October 8, 2024 Filed: October 8, 2024 Employment Support and Income Assistance Regulations–amendment Order in Council 2024-376 dated October 8, 2024 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 12, 2024, 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. 195/2019, made by the Governor in Council by Order in Council 2019-333 dated November 27, 2019, to increase the earned income threshold and expand the definition of earned income, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after November 1, 2024.

Schedule “A” Amendment to the Employment Support and Income Assistance Regulations made by the Governor in Council under

Section 21 of

Chapter 27 of the Acts of 2000, the Employment Support and Income Assistance Act 1

Section 2 of the Employment Support and Income Assistance Regulations, N.S. Reg. 195/2019, made by the Governor in Council by Order in Council 2019-333 dated November 27, 2019, is amended by (

a) repealing the definition of “earned income” and substituting the following definition: “earned income” means the income generated from any of the following: (

i) net wages from an employer, (ii) tips, (iii) gratuities, (iv) net commissions, (

v) net business income; (vi) rental income; (vii) boarder income; (viii) roomer income; (ix) training allowance. (

b) adding the following definition immediately after the definition of “taxes”: “training allowance” means an allowance for services and expenses necessary for a person to pursue academic studies, skills training, life skills development, on-the-job training or training in a sheltered 592

N.S. Reg. 214/2024 Royal Gazette

Part II - Regulations Vol. 48, No. 21 workshop; 2

Section 32 of the regulations is repealed and the following

Section substituted: Chargeable income 32

(1) An applicant’s or recipient’s chargeable income includes monthly income, in the amounts specified, from all of the following sources: (a) 100% of unearned income; (b) 100% of income from an estate or trust; (

c) if the amount set aside in trust would have otherwise been chargeable income, 100% of the amount set aside in trust by a court at the request of an applicant or recipient or with the consent of an applicant or recipient; (d) 100% of earned income, except as determined by the exemptions and chargeable rates set out in

Section 33.

(2) Chargeable income is deemed to include 100% of unearned income received by a dependent child, or by an applicant or recipient on behalf of a dependent child. 3

Section 33 of the regulations is repealed and the following

Section substituted: Earned income exemption rates 33

(1) Except as otherwise provided in this Section, earned income for a recipient is exempted in accordance with the following table and the remainder is chargeable income: Amount of Earned Income Exemption Rate Chargeable Rate the first $350 earned 100% 0% the next $150 earned: from $350.01 to $500 75% 25% the next $250 earned: from $500.01 to $750 50% 50% the next amount earned: over $750 25% 75%

(2) For a recipient who is employed but whose physical, mental or cognitive abilities prevent them from working on their own without continuous support, earned income is exempted in accordance with the following table and the remainder is chargeable income: Amount of Earned Income Exemption Rate Chargeable Rate the first $450 earned 100% 0% the next $50 earned: from $450.01 to $500 75% 25% the next $250 earned: from $500.01 to $750 50% 50% the next amount earned: over $750 25% 75% 593

N.S. Reg. 214/2024 Royal Gazette

Part II - Regulations Vol. 48, No. 21

(3) If a person who is at least 16 years old and younger than 21 years old attends an approved educational program (

a) at the time the amount of assistance to be paid is being determined, income from part-time employment is not chargeable income; and (

b) income from full-time employment is not chargeable income for up to 3 calendar months per year.

(4) If operating a business is part of a recipient’s employment plan, a caseworker may determine that the net business income generated from the business is not chargeable income for up to the first 18 months the business is in operation.

(5) If all or a portion of earned income is boarder income, the amount is 100% exempt if all of the following apply: (

a) the person boarding is a child of the applicant or recipient; (

b) in a supervisor’s opinion, including the income would create undue hardship on the child or the child’s family. 4

Section 34 of the regulations is repealed. 594

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 205/2024
Date	2024-10-18
Type	gazette
Volume / chapter	just regulations rg2 2024 RG2 2024 10 18
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	793d620f2f863397faeac232b68cac354ad5916e

Source file is stored in the law ingest library (pdf).