Legal Aid General Regulations and Tariff of Fees

N.S. Reg. 12/2006

Nova Scotia — Gazette

© NS Registry of Regulations. Web version. 111

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 30, No. 5 March 3, 2006 Contents Act Reg. No.

Page Building Code Act Proclamation of amendments to Act, S. 13, S.N.S. 2005, c. 47 ...................... 2 8 / 2006 146 Commercial Mediation Act Proclamation of Act, S. 17, S.N.S. 2005, c. 36 .................................. 2 2 / 2006 138 Correctional Services Act Proclamation of Act, S. 97, S.N.S. 2005, c. 37 .................................. 1 7 / 2006 131 Dairy Industry Act M i l k P r i c i n g R e g u l a t i o n s – a m e n d m e n t........................................ 3 5 / 2006 158 Enforcement of Canadian Judgments and Decrees Act Proclamation of Act, S. 13, S.N.S. 2001, c. 30 and amendments to Act, S. 6, S.N.S. 2005, c. 49 .................................. 1 9 / 2006 134 Enforcement of Court Orders Act Proclamation of Act, S. 5, S.N.S. 2005, c. 40 ................................... 1 8 / 2006 133 Farm Machinery Dealers and Vendors Act Proclamation of Act, S. 16, S.N.S. 2003, c. 3 ................................... 3 1 / 2006 150

An Act to Further Discourage Criminal Offences Involving the Use of a Motor Vehicle Proclamation, S. 5, S.N.S. 2005, c. 38 ......................................... 2 0 / 2006 135 Housing Development Corporation Act Proclamation of amendments to Act, S. 2, S.N.S. 2005, c. 52 ....................... 2 6 / 2006 143 Justice Administration Amendment

(2001) Act Proclamation, S. 50(3), S.N.S. 2001, c. 5 – S. 36 ................................ 2 1 / 2006 137

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

Part II Vol. 30, No. 5 Justice Administration Amendment

(2005) Act Proclamation, S. 21(1), S.N.S. 2005, c. 8 – S. 9 to 15 ............................. 3 0 / 2006 148 Legal Aid Act Legal Aid General Regulations and Tariff of Fees – amendment .................... 1 2 / 2006 114 Maintenance Enforcement Act Proclamation of amendments to Act, S. 18, S.N.S. 2004, c. 40 and S. 2, S.N.S. 2005, c. 53 ................................................... 2 4 / 2006 140 Motor Vehicle Act and Youth Justice Act Proclamation of amendments to Acts, S. 5, S.N.S. 2005, c. 32 – S. 3 and 4 ............ 2 9 / 2006 147 Municipal Government Act Proclamation of amendments to Act, S. 12, S.N.S. 2005, c. 55 ...................... 2 7 / 2006 144 Natural Products Act Nova Scotia Cattle Producers Regulations ...................................... 3 4 / 2006 153 Optometry Act N o v a S c o t i a A s s o c i a t i o n o f O p t o m e t r i s t s B y - l a w s – a m e n d m e n t .................... 1 4 /2006 124 Public Service Act S p e c i a l O p e r a t i n g A g e n c y D e s i g n a t i o n - N o v a S c o t i a P e n s i o n A g e n c y ............... 3 2 /2006 151 Retail Business Uniform Closing Day Act D e f i n i t i o n s R e g u l a t i o n s – a m e n d m e n t ......................................... 3 3 / 2006 152 Small Claims Court Act Proclamation of amendments to Act, S. 3, S.N.S. 2005, c. 58 ....................... 2 3 / 2006 139 Social Workers Act Proclamation of amendments to Act, S. 5, S.N.S. 2005, c. 60 ....................... 2 5 / 2006 142

Summary Proceedings Act S u m m a r y O f f e n c e T i c k e t s R e g u l a t i o n s – a m e n d m e n t ............................. 1 3 /2006 122 Veterinary Medical Act Proclamation of Act, S. 49, S.N.S. 2001, c. 13 .................................. 3 6 / 2006 159 V e t e r i n a r y M e d i c a l R e g u l a t i o n s ............................................. 3 7 / 2006 160 Wilderness Areas Protection Act Designation of Additional Lands to Wilderness Areas Designated by Act ............. 1 5 / 2006 127 Wildlife Act F i s h i n g R e g u l a t i o n s – a m e n d m e n t ............................................ 1 6 / 2006 131 Youth Justice Act and Motor Vehicle Act Proclamation of amendments to Acts, S. 5, S.N.S. 2005, c. 32 – S. 3 and 4 ............ 2 9 / 2006 147

© NS Registry of Regulations. Web version. 113 Table of Contents (cont.) Royal Gazette

Part II Vol. 30, No. 5 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. 12/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 114 © NS Registry of Regulations. Web version. N.S. Reg. 12/2006 Made: February 10, 2006 Filed: February 13, 2006 Legal Aid General Regulations and Tariff of Fees Order in Council 2006-54 dated February 10, 2006 Amendment to regulations made by the Governor in Council pursuant to

Section 27 of the Legal Aid Act The Governor in Council on the report and recommendation of the Minister of Justice and Attorney General dated January 24, 2006, and on the recommendation of the Nova Scotia Legal Aid Commission and pursuant to

Section 27 of

Chapter 252 of the Revised Statutes of Nova Scotia, 1989, the Legal Aid Act, is pleased to amend the Legal Aid General Regulations and Tariff of Fees, N.S. Reg. 77/77, made by the Governor in Council by Order in Council 77-954 dated August 9, 1977, to establish a new tariff of fees to be used in taxing lawyers’ bills in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after February 10, 2006.

Schedule “A” Amendment to the Legal Aid General Regulations and Tariff of Fees made by the Governor in Council pursuant to

Section 27 of

Chapter 252 of the Revised Statutes of Nova Scotia, 1989, the Legal Aid Act 1

Section 15 of the legal aid general re gulations and tariff of fees, N.S. Reg. 77/77, made by the Governor in Council by Order in Council 77-954 dated August 9, 1977, is amended by (

a) striking out “Executive Director” and substituting “Commission”; (

b) striking out “barrister” and substituting “lawyer”; and (

c) striking out “by a solicitor employed” immediately after “issued”. 2

Section 16 of the regulations and tariff of fees is amended by striking out “Family and Civil Tariff for Preparation Times and Appearances as set out in

Schedule B to Appendix “II”, that is in force on the date of issue of the certificate” and substituting “Tariff for Family Law Matters, as set out in Tariff 2 in

Schedule “B””. 3

Section 17 of the regulations and tariff of fees is am ended by striking out “Criminal Tariff for Preparation Times and Appearances, as set out in

Schedule A to Appendix “II”, that is in force on the date of issue of the certificate” and substituting “Tariff for Criminal Law Matters Involving Adults and Young Persons, as set out in Tariff 1 in

Schedule “B””. 4 The regulations and tariff of fees are further ame nded by adding the following

Section immediately after

Section 17: 17A

(1) The rate to be paid under a certificate of eligibility is the rate set out in the applicable tariff in force on the date the certificate is issued.

(2) The tariff in effect on the date the certificate is issued remains effective for that certificate until the services covered by that certificate are complete.

N.S. Reg. 12/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 © NS Registry of Regulations. Web version. 115 5 Sections 18 and 19 of the regulati ons and tariff of fees are amended by striking out “barrister” and substituting “lawyer”. 6 The regulations and tariff of fees are further ame nded by repealing Appendix “II” and substituting the attached

Schedule “B”.

Schedule “B” Nova Scotia Legal Aid Commission Tariff of Fees Introduction The Nova Scotia Legal Aid Tariff of Fees (NSLA Tariff) sets out limits on preparation times and disbursements that may be expended in rendering authorized services under a legal aid certificate of eligibility (hereinafter referred to as “certificate”). Please note that these limits are maximums, not block fees. Lawyers rendering an account may bill only for actual preparation times and actual disbursements. The NSLA Tariff reflects fees customarily paid by a client of modest means.

The fees and preparation times provided for in the NSLA Tariff apply to the authorized services covered by a certificate. However, in certain exceptional circumstances, the Nova Scotia Legal Aid Commission may authorize issuing a certificate that extends the terms of the original certificate. Extension of Terms of Certificate Approval for an extension of the terms of a certificate should be sought by the lawyer providing services under the certificate before the limits contained in the certificate have been exceeded.

The approval should be sought by the lawyer providing services under the certificate by writing to the office of the Nova Scotia Legal Aid Commission that issued the certificate to explain why an extension of the terms of the certificate is being sought. If approval to extend the terms of a certificate is not granted, the Nova Scotia Legal Aid Commission is not responsible for the payment of any account that exceeds the limits imposed by the certificate or the NSLA Tariff.

In certain exceptional circumstances, the Nova Scotia Legal Aid Commission may approve an increase in preparation times allowed or in disbursement expenditures that exceed the strict maximums in the issued certificate or in the NSLA Tariff. If the Nova Scotia Legal Aid Commission approves a request for an increase in preparation times or in disbursement expenditures, then the Nova Scotia Legal Aid Commission must issue an amended certificate in the matter or a letter granting the increase in preparation times or disbursement expenditures that has been approved.

The NSLA Tariff is composed of the above Introduction and Extension of Terms of Certificate, and all of the following:

Part 1 - Tariffs Tariff 1 - Tariff for Criminal Law Matters Involving Adults and Young Persons Tariff 2 - Tariff for Family Law Matters Tariff 3 - Tariff for Civil Law Matters

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Part II - Regulations Vol. 30, No. 5 116 © NS Registry of Regulations. Web version. Tariff 4 - Tariff for Disbursements Tariff 5 - Tariff for Matters Not Otherwise Provided for Herein

Part 2 - Forms

Part 1 - Tariffs Tariff 1 Tariff for Criminal Law Matters Involving Adults and Young Persons Lawyer fees based on experience 1( 1 ) A lawyer will be paid for preparation time and court appearances at the rates set out in the following table, according to the number of years experience the lawyer has practising law as a member of the Nova Scotia Barristers’ Society or an equivalent organization in another jurisdiction: Years experience Rate per hour less than 5 $60.00 5 or more $70.00 10 or more $85.00 for offences for which the mandatory sentence is imprisonment for life (e.g. murder)

(2) In this Section, years of experience are calculated as of the date that the lawyer is retained for services under a certificate. Certificate covering multiple offences 2 The Commission may issue 1 certificate covering multiple offences, with the terms of that certificate being based on the most serious criminal offence charged, when a person is charged with multiple offences in relation to a set of events that are similar on some or all of the following characteristics: (

a) date of alleged offence; (

b) type of alleged offence; (

c) location of alleged offence; (

d) common purpose; (

e) involvement of the same parties. Travel allowance 3 An allowance of $45.00 per hour, to a maximum of 6 hours per day, may be paid for time spent travelling a distance of 20 km or more, one way, if the lawyer satisfies the Commission that the travel is reasonable and necessary. Supreme Court of Canada lawyer fees 4 Lawyer fees for hearings in the Supreme Court of Canada will be paid at the rates noted in Sections 1, 2 and 3 of this Tariff. Court time maximums 5 A lawyer’s fee for actual court time will be paid up to a maximum billing of 6 hours per day.

N.S. Reg. 12/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 © NS Registry of Regulations.

Web version. 117 Preparation time maximums 6 A lawyer’s fee for actual preparation time will be paid according to the authorized service and up to the maximum time limits as set out in the following table: Tariff Item Authorized Service Maximum Hours C.1 First degree and second degree murder punishable by mandatory life imprisonment 150 C.2 Homicide punishable by possible life imprisonment (e.g. manslaughter, criminal negligence causing death, impaired driving causing death) 75 C.3 Dangerous offender or long term offender application 100 C.4 Appeal to NS Court of Appeal on tariff items C.1, C.2 or C.3 matters 60 C.5 Electable indictable offence other than a hybrid offence for which the Crown proceeds summarily 15 (an additional 5 hours preparation time may be allowed if there is a preliminary hearing held) C.6

Summary conviction offences including an absolute jurisdiction indictable offence and a hybrid offence for which the Crown proceeds summarily 4 C.7 Canadian Charter of Rights and Freedoms application arising in tariff items C.5 or C.6 only 15 (must be applied for and authorized by the Commission in writing in advance) C.8 Appeal of conviction or conviction and sentence on tariff item C.5 25 C.9 Appeal of sentence on tariff item C.5 10 C.10 Appeal of conviction or conviction and sentence on tariff item C.6 13 C.11 Appeal of sentence on tariff item C.6 10 C.12 Application for leave to appeal to Supreme Court of Canada 60 C.13 Appeal to Supreme Court of Canada 40 C.14 YCJA application to determine whether a young person is liable to adult sentence 30 C.15 YCJA review of sentence 4 C.16 Independent legal advice or opinion – any offence (adult or young person) 1 C.17 Criminal Code Review Board matter 4 (may be increased to a maximum of 20 hours, depending upon the liberty interest involved, if approved by the Commission in advance)

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Part II - Regulations Vol. 30, No. 5 Tariff Item Authorized Service Maximum Hours 118 © NS Registry of Regulations. Web version.

C.18 Breach of a conditional sentence order 1 (may be increased to a maximum of 4 hours if approved by the Commission in advance) C.25 Any other special matter – any offence (adult or young person) as authorized by the Commission in advance Tariff 2 Tariff for Family Law Matters Lawyer fees based on experience 1( 1 ) A lawyer will be paid for preparation time and court appearances at the rates set out in the following table, according to the number of years experience the lawyer has practising law as a member of the Nova Scotia Barristers’ Society or an equivalent organization in another jurisdiction: Years experience Rate per hour less than 5 $60.00 5 or more $70.00

(2) In this Section, years of experience are calculated as of the date that the lawyer is retained for services under a certificate. Travel allowance 2 An allowance of $45.00 per hour, to a maximum of 6 hours per day, may be paid for time spent travelling a distance of 20 km or more, one way, if the lawyer satisfies the Commission that the travel is reasonable and necessary. Court time maximum 3 A lawyer’s fee for actual court time will be paid up to a maximum billing of 6 hours per day.

Preparation time maximums 4 A lawyer’s fee for actual preparation time will be paid according to the authorized service and up to the maximum time limits as set out in the following table: Tariff Item Authorized Service Maximum Hours Maintenance and Custody Act F.1 Uncontested application or uncontested application to vary 5 F.2 Contested custody, or contested custody and one or more contested issues of maintenance, access or paternity 12 F.3 One or more contested issues of maintenance, access, paternity or contested application to vary any of them 7 Divorce Act F.11 Divorce proceedings – minimal issues only 7

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Part II - Regulations Vol. 30, No. 5 Tariff Item Authorized Service Maximum Hours © NS Registry of Regulations.

Web version. 119 F.12 Divorce proceedings with contested custody or with contested custody plus one or more contested issues of maintenance, access, paternity or Matrimonial Property Act 17 F.13 Divorce proceedings – with one or more contested issues of maintenance, access, paternity or Matrimonial Property Act 9 F.14 Independent legal advice or opinion for divorce proceedings 1 Children and Family Services Act F.21 Application for standing as a party 4 F.22 Representing parent or a party with standing and presenting plan for custody or return of child 20 F.23 Representing parent or a party with standing who is not seeking custody or return of child 5 F.24 Independent legal advice or opinion for Children and Family Services proceedings as authorized by the Commission in advance Adult Protection Act F.31 Application under Act 8 F.32 Review under Act 2 Other F.41 Negotiating, drafting or executing separation agreement 5 F.42 Independent legal advice or opinion on other family law matter as authorized by the Commission in advance F.51 Appeal to Nova Scotia Suprem e Court on behalf of any party on family law matter 13 F.52 Appeal to Nova Scotia Court of Appeal on behalf of any party on family law matters 25 F.61 Any other special family law matter not otherwise covered in the Tariff for Family Law Matters, including appeal to Supreme Court of Canada on family law matter as authorized by the Commission in advance Tariff 3 Tariff for Civil Law Matters Lawyer fees based on experience 1( 1 ) A lawyer will be paid for preparation time and court appearances at the rates set out in the following table, according to the number of years experience the lawyer has practising law as a member of the Nova Scotia Barristers’ Society or an equivalent organization in another jurisdiction: Years experience Rate per hour less than 5 $60.00 5 or more $70.00

N.S. Reg. 12/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 120 © NS Registry of Regulations. Web version.

(2) In this Section, years of experience are calculated as of the date that the lawyer is retained for services under a certificate. Travel allowance 2 An allowance of $45.00 per hour, to a maximum of 6 hours per day, may be paid for time spent travelling a distance of 20 km or more, one way, if the lawyer satisfies the Commission that the travel is reasonable and necessary. Court time maximum 3 A lawyer’s fee for actual court time will be paid or [up] to a maximum billing of 6 hours per day.

Preparation time maximums 4 A lawyer’s fee for actual preparation time will be paid according to the authorized service and up to the maximum time limits as set out in the following table: Tariff Item Authorized Service Maximum Hours Civil E.1 Civil litigation on behalf of any party for all services for civil claims (pleadings, trial preparation, pre-trial applications or attendances) 15 E.2 Legal services for civil matter (not litigation) 2 E.3 Representing any party in any other special matter including administrative tribunals as authorized by the Commission in advance Tariff 4 Tariff for Disbursements Disbursements properly accounted for 1 A lawyer will be paid for disbursements necessarily incurred in providing authorized services if they are properly accounted for in the Report and Account in accordance with this Tariff.

Report and Account for disbursements 2( 1 ) A lawyers [lawyer] cannot charge any accounts for disbursements directly to the Commission.

(2) Disbursements must be billed to the account of the lawyer and claimed on a Report and Account form submitted to the Commission.

(3) An Interim Report and Account form may be submitted for fees and disbursements if the total amount claimed is $300 or more. Maximum amount per item 3 Disbursements may not exceed $200 per item unless approved in advance by the Commission. Receipts for disbursements 4 Receipts for all disbursements, which clearly show the amount of harmonized sales tax paid, must accompany the Report and Account form.

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Part II - Regulations Vol. 30, No. 5 © NS Registry of Regulations. Web version. 121 Travel reimbursements 5( 1 ) Reimbursement for reasonable and necessary travel will be allowed at the rate per kilometer approved by the Province for its employees travelling on government business.

(2) The Commission will not reimburse for taxi charges. Meal reimbursements 6 If approved in advance by the Commission, the following amounts will be allowed for meals: (

a) breakfast - $6.00; (

b) lunch - $7.00; (

c) dinner - $13.50; (

d) meal allowances approved by the N ova Scotia Public Service Commission. No file administration fees 7 Lawyers are not permitted to charge a file administration fee. Tariff 5 Tariff for Matters Not Otherwise Provided For 1( 1 ) The Executive Director must allow a reasonable fee in respect of any matters, proceedings, actions or appeals under a certificate that are not covered by Tariffs 1 to 4.

(2) In determining the fee to be paid under subsection (1), the Executive Director must take preparation times and fees allowed for comparable services in Tariffs 1 to 4 into account.

Part 2 - Forms 1 The Commission must determine the form and content of the certificate of eligibility to be used by the Commission in issuing certificates and the Report and Account Form to be used by lawyers when invoicing the Commission for the services provided under a certificate. 2 The Commission may direct the use of any forms it prepares and considers necessary for the effective operation of the Legal Aid Certificate System. 3( 1 ) The lawyer who has provided services under a certificate must attach to their Report and Account form a detailed time-keeping statement showing dates, the particulars of service and the time expended by date for all preparation, court and travel time.

(2) The Commission may require the lawyer to provide any other documents the Commission considers necessary to enable the Commission to satisfy itself as to the accuracy of any Report and Account form submitted for payment, including whether it complies with the terms of the certificate and the NSLA Tariff.

N.S. Reg. 13/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 122 © NS Registry of Regulations. Web version. N.S. Reg. 13/2006 Made: February 3, 2006 and February 10, 2006 Filed: February 13, 2006

Summary Offence Tickets Regulations Order in Council 2006-59 dated February 10, 2006 Amendment to regulations made by the Minister of Justice and by the Governor in Council pursuant to

Section 8 of the

Summary Proceedings Act The Governor in Council on the report and recommendation of the Minister of Justice and Attorney General dated February 3, 2006, and pursuant to

Section 8 of

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

Summary Proceedings Act, is pleased to amend the

Summary Offence Tickets Regulations, N.S. Reg. 4/2001, made by the Governor in Council by Order in Council 2001-21 dated January 18, 2001, to include certain offences under the Town of Windsor Alarms By-law, Civic Addressing By-law and Solid Waste By-law, and the Town of Hantsport Regulation of Dogs By-law as

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

Schedule “A” attached to and forming part of the report and recommendation, effective on and after February 10, 2006. Order I, Michael G. Baker, Q.C., Minister of Justice and Attorney General of Nova Scotia, do hereby order and direct pursuant to

Section 8 of

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

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

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

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

Summary Offence Tickets Regulations set out in

Schedule “A”. Dated and made February 3, 2006, at Halifax, Halifax Regional Municipality, Province of Nova Scotia. Sgd.: Michael Baker Honourable Michael G. Baker, Q.C. Minister of Justice and Attorney General of Nova Scotia

Schedule “A” Amendments to the

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

Section 8 of

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

Summary Proceedings Act 1

Schedule 18-W of the

Summary Offence Tickets Regulations, N.S. Reg. 4/2001, made by the Governor in Council by Order in Council 2001-21 dated January 18, 2001, is amended by adding the following headings and items immediately before the heading “Dogs and Animal By-law”: Alarms By-law: 1. Failing to maintain current lis t of contact persons 32.04 $215.00 2. Installing, maintaining or using audible alarm other than for heat, smoke or fire that is capable of being sounded outside for greater than 15 minutes 32.06 $215.00

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Part II - Regulations Vol. 30, No. 5 © NS Registry of Regulations. Web version. 123 3. Owner causing or permitting false alarm contrary to by-law 32.07 $215.00 4. Using, permitting, maintaining or installing automatic calling device contrary to by-law 32.10 $215.00 Civic Addressing By-law: 1. Refusing to comply with assignment or re-assignment of civic number 31.4.4 $215.00 2. Owner of private road failing to erect road sign according to specifications in by-law 31.6.2 $215.00 2

Schedule 18-W of the regulations is further amended by adding the following heading and items immediately before the heading “Streets By-law”: Solid Waste By-law: 1. Depositing solid waste at place other than at applicable municipal solid waste management facility 16.04 $215.00 2. Placing material or causing material to be placed in municipal solid waste management facility in contravention of by-law, resolution of council or directions of operator (specify) 16.05 $215.00 3.

Placing solid waste in or adjacent to municipal solid waste management facility when facility is not open or when operator or municipal staff refuse to accept solid waste (specify) 16.06 $215.00 4. Placing solid waste or causing or permitting solid waste to be placed in municipal solid waste management facility that is not permitted to be placed or that is generated outside Town of Windsor (specify) 16.07 $215.00 5.

Placing solid waste or causing or permitting solid waste to be placed in municipal solid waste management facility that is not separated as required or that is falsely or misleadingly presented or packaged (specify) 16.08 $215.00 6. Owner or occupant of property permitting accumulation of solid waste in or around property 16.10 $215.00 3 The regulations are further amended by adding th e following

Schedule immediately after

Schedule 18-Z:

Schedule 18-AA Town of Hantsport By-laws Offence

Section Out of Court Settlement Regulation of Dogs By-law: 1. Failing to pay annual dog tax 4(1) $215.00 2. Owner of dog failing to have dog under control by means of harness or leash 7(1) $215.00 3. Owning dog that is running at large 7(2) $215.00 4. Owning dog that without provocation chases or bites an animal or person 7(3)(a) $215.00 5. Owning dog that without provocation damages property 7(3)(b) $215.00

N.S. Reg. 13/2006 - 14/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 124 © NS Registry of Regulations. Web version. 6. Owner of fierce or dangerous dog fa iling to ensure dog confined while on owner’s property 7(3)(c)(i) $215.00 7. Owner of fierce or dangerous dog failing to ensure dog muzzled and leashed as required while off owner’s property 7(3)(c)(ii) $215.00 8. Owning dog that frightens or harasses passerby 7(3)(d) $215.00 N.S.

Reg. 14/2006 Made: November 27, 2004 Approved: February 10, 2006 Filed: February 13, 2006 Nova Scotia Association of Optometrists By-laws Order in Council 2006-61 dated February 10, 2006 Amendment to regulations made by the Council of the Nova Scotia Association of Optometrists and approved by the Governor in Council pursuant to subsection 6(1) and

Section 28 of the Optometry Act The Governor in Council on the report and recommendation of the Minister of Health dated January 24, 2006, and pursuant to subsection 6(1) and

Section 28 of

Chapter 328 of the Revised Statutes of Nova Scotia, 1989, the Optometry Act, is pleased to approve of amendments made by the Council of the Nova Scotia Association of Optometrists to the by-laws respecting optometrists, N.S. Reg 65/91, made by the Nova Scotia Association of Optometrists and approved by the Governor in Council by Order in Council 91-421 dated April 9, 1991, to outline the exemptions from annual licence fees and conditions for optometric practice associations, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after February 10, 2006.

Schedule “A” [Council of the] Nova Scotia Association of Optometrists Certificate I certify that the Council of the Nova Scotia Association of Optometrists at its meeting on November 27, 2004, carried a motion to amend the Nova Scotia Association of Optometrists’ By-laws made by the Council on April 9, 1991, and approved by Governor in Council by Order in Council 91-421, N.S. Reg 65/91, in the manner attached. Signed at Halifax, Nova Scotia, this 13 th day of September, 2005. Council of Nova Scotia Association of Optometrists Per: Jeff Sangster Jeff Sangster President

N.S. Reg. 14/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 © NS Registry of Regulations. Web version. 125 Amendment to the By-laws Respecting Optometrists made by the [Council of the] Nova Scotia Association of Optometrists pursuant to subsection 6(1) and

Section 28 of

Chapter 328 of the Revised Statutes of Nova Scotia, 1989, the Optometry Act 1

Section 14 of the by-laws respecting optometrists, N.S. Reg. 65/91, made by the [Council of the] Nova Scotia Association of Optometrists and approved by the Governor in Council by Order in Council 91-421 dated April 9, 1991, are amended by (

a) repealing clause (

c) and substituting the following clause: (

c) an annual licence fee ratified by the majority of the members present at a validly constituted meeting of the Association payable on or before December 31 in each year, subject to the following partial fee exemptions: (

i) for a member who practises or intends to practise optometry full time, there is no exemption, (ii) for a member who practises or intends to practise optometry part-time for no more than 60 days a year, an exemption of 50% of the annual licence fee, (iii) for a member who only performs the tasks and functions of optometry that are a necessary aspect of their academic activity and who (

A) is engaged in post-graduate st udies related to visual science, or (

B) is a faculty member of a duly recognized school of health sciences, an exemption, if any, as determined at a validly constituted meeting of the Association; (

b) repealing clause (

g) and substituting the following clause: (

g) any special fees or assessments ratified by a majority of at least two-thirds of the members present at a validly constituted meeting of the Association, subject to the following partial fee exemptions: (

i) for a member who practises or intends to practise optometry full time, there is no exemption, (ii) for a member who practises or intends to practise optometry part-time for no more than 60 days a year, an exemption of 50% of the special fee or assessment, (iii) for a member who only performs the tasks and functions of optometry that are a necessary aspect of their academic activity and who (

A) is engaged in post-graduate st udies related to visual science, or (

B) is a faculty member of a duly recognized school of health sciences, an exemption, if any, as determined at a validly constituted meeting of the Association. 2 The by-laws are further amended by adding the following Sections immediately after

Section 14:

N.S. Reg. 14/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 126 © NS Registry of Regulations. Web version. Canadian Association of Optometrist fees 14A

(1) A member, other than an associate member, must also be a member of the Canadian Association of Optometrists.

(2) An annual fee payable by a member to the Canadian Association of Optometrists must be paid to the Secretary-Treasurer of the Association who shall forward the fee to the Canadian Association of Optometrists on the member’s behalf.

(3) A member is exempt from the requirements of subsection (2) if the member has paid the required fee to another province where they are registered as a full-time member. Associate members 14B

(1) At the discretion of the Council, a person may be admitted as an associate member of the Association if the person (

a) held a licence to practise for 5 or more consecutive years; and (

b) is retired from practising optometry.

(2) An associate member shall pay the Association an annual membership fee equivalent to 10% of the annual licence fee.

(3) Despite anything in these by-laws, an associate member does not have the right to (

a) practise optometry; (

b) vote at a meeting of the Association; or (

c) serve as a member of Council. 3 The bylaws are further amended by adding th e following

Section immediately after

Section 23: Optometric practice associations 23A

(1) An optometrist may practise optometry in a variety of work environments, including an association with an ophthalmic dispensary.

(2) Except as exempted under subsection (3), a practice association must meet all of the following conditions: (

a) the location of the optometric practice must be accessible by the member, member’s staff and patients 24 hours a day; (

b) any public entrances or exits of the optometric practice that are within an ophthalmic dispensary must be sealed when the member or member’s staff is not present; (

c) the practice must have stationery, pr escription pads, telephone services, mail delivery systems and digital or electronic records that are independent and separate from the ophthalmic dispensary; (

d) patients must not be required to have their prescription for eyewear filled by a specific ophthalmic dispensary;

N.S. Reg. 14/2006 - 15/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 © NS Registry of Regulations. Web version. 127 (

e) the member must have control and access over patient files and the member must ensure that access to patient files is restricted to the member and member’s staff; (

f) the optometric practice must have a secure facility for storage of patient files and the member must ensure that access to the facility is restricted to the member and member’s staff; (

g) the optometric practice must have a secure facility for storage of diagnostic and therapeutic pharmaceutical agents, and the member must ensure that access to the facility is restricted to the member and member’s staff; (

h) any advertising respecting the optometric practice or member by the practice association must be in accordance with professional standards governing the practice of optometry; (

i) any rent paid by the member to the practice association must be normal for the market area of the optometric practice and must be unrelated to the volume of patients seen or number of patient referrals made to the practice association.

(3) A practice association that includes an ophthalmic dispensary is not required to meet the conditions in subsection (2), if the ophthalmic dispensary is owned or controlled by a member. N.S. Reg. 15/2006 Made: February 10, 2006 Filed: February 13, 2006 Designation of Additional Lands to Wilderness Areas Designated by Act Order in Council 2006-63 dated February 10, 2006 Designation made by the Minister of Environment and Labour and approved by the Governor in Council pursuant to subsection 11(3) of the Wilderness Areas Protection Act The Governor in Council on the report and recommendation of the Minister of Environment and Labour dated January 26, 2006, and pursuant to

Section 11 of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act, is pleased to approve the designation by the Minister of Environment and Labour of certain additional lands to Cloud Lake Wilderness Area in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation effective on and after February 10, 2006.

Schedule “A” In the matter of subsection 11(3) of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act - and - In the matter of the designation of additional lands at Wilson Hill, Annapolis County, to the Cloud Lake Wilderness Area I, Kerry Morash, Minister of Environment and Labour for the Province of Nova Scotia, pursuant to subsection 11(3) of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act, hereby designate certain lands at Wilson Hill, Annapolis County, as described in Appendix A and shown on the map in Appendix B, attached to

N.S. Reg. 15/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 128 © NS Registry of Regulations. Web version. and forming part of this order, as an addition to Cloud Lake Wilderness Area as designated in item 7 of

Schedule A to the Wilderness Areas Protection Act. The written consent to the designation of these additional lands has been granted by the owner, the Nova Scotia Nature Trust, on the following conditions: (

a) that the lands will be managed under the Wilderness Areas Protection Act in a manner consistent with the following objectives of the Nova Scotia Nature Trust: (

i) to protect and preserve for posterity natural areas and landscapes and their associated plant and communities, and (ii) to foster in the people of Nova Scotia an awareness and appreciation of natural heritage; (

b) that management plans or regulations made under the Wilderness Areas Protection Act that may affect the natural values of these additional lands being designated be subject to the prior review by the Nova Scotia Nature Trust; (

c) that the Nova Scotia Nature Trust reserves the ri ght to determine whether and to what extent such management plans or regulations made under the Wilderness Areas Protection Act will apply to these additional lands being designated. A copy of the written consent has been filed with the Department of Environment and Labour. This designation is effective on and after the date of approval by the Governor in Council. Dated and made at Halifax Regional Municipality, Province of Nova Scotia, Jan 26 2006, 2006. Sgd.: K. Morash Honourable Kerry Morash Minister of Environment and Labour Appendix A Addition to Cloud Lake Wilderness Area - Description (Wilderness Area originally designated in

Schedule A to the Wilderness Areas Protection Act) All that certain lot of land and land covered by water situated near West Allen Lake in the vicinity of Cloud Lake (so called), in the County of Annapolis and more particularly described as follows: Beginning at Post and Stones #3281; Thence N33 oW, a distance of 9.01 chains to Post and Stones #3280; Thence S57o 15'W, a distance of 16.98 chains to Post and Stones #3279; Thence N33o 15'W, a distance of 8.49 chains to a point; Thence N32o 35'W, a distance of 18.84 chains to a point; Thence N33oW, a distance of 9.93 chains to a point;

N.S. Reg. 15/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 © NS Registry of Regulations. Web version. 129 Thence N32o 05'W, a distance of 8.13 chains to Post and Stones #3284; Thence N74oE, a distance of 21.94 chains to Post and Stones #3283 “A”; Thence N73oE, a distance of 21.00 chains to Post and Stones #3283; Thence S39oE, a distance of 2.95 chains to Post and Stones #3272; Thence S33o 30'E, a distance of 39.38 chains to Post and Stones #3282; Thence S57o 05'W, a distance of 24.98 chains to Post and Stones #3281 at the place of beginning. Containing 185 acres more or less.

Being and intended to be Crown Grant #5274 as granted to James Wilson. And further being Lot #6 in the conveyed from Nafthal Maritimes Limited to Bowaters Mersey Paper Company Limited in a Deed dated May 5th, 1967 and recorded in the Registry of Deeds for the County of Annapolis on May 10th, 1967 in Book 231 on Page 621.

N.S. Reg. 15/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 130 © NS Registry of Regulations. Web version. Appendix B Map of the Nova Scotia Nature Trust’s Wilson Hill Property - Addition to Cloud Lake Wilderness Area

N.S. Reg. 16/2006 - 17/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 © NS Registry of Regulations. Web version. 131 N.S. Reg. 16/2006 Made: February 10, 2006 Filed: February 13, 2006 Fishing Regulations Order in Council 2006-65 dated February 10, 2006 Amendment to regulations made by the Governor in Council pursuant to Sections 53 and 113 of the Wildlife Act The Governor in Council on the report and recommendation of the Minister of Agriculture and Fisheries dated January 27, 2006, and pursuant to Sections 53 and 113 of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act, is pleased to amend the Fishing Regulations, N.S. Reg. 29/88, made by the Governor in Council by Order in Council 88-131 dated February 9, 1988, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after February 10, 2006.

Schedule “A” Amendment to the Fishing Regulations made pursuant to subsections 53(1) and 113(1) of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act

Section 3 of the Fishing Regulations, N.S. Reg. 29/88, made by the Governor in Council by Order in Council 88-131 dated February 9, 1988, is amended by (

a) adding the following clause immediately after clause 3(1)(

f) in subsection 3(1): (fa) Resident and Non-resident General Fishing Licence (1 day) $10.33 (

b) adding the following subsections immediately after subsection 3(6):

(7) A licence issued pursuant to clause (1)(fa) authorizes the holder to fish for one day during the open season prescribed by law for angling of the species of fish covered by the licence.

(8) Notwithstanding subsection (5), a licence issued under clause (1)(fa) expires at the end of the day of the expiration date marked or stamped on the licence. N.S. Reg. 17/2006 Made: February 10, 2006 Filed: February 13, 2006 Proclamation, S. 97, S.N.S. 2005, c. 37 Order in Council 2006-71 dated February 10, 2006 Proclamation made by the Governor in Council pursuant to

Section 97 of the Correctional Services Act The Governor in Council on the report and recommendation of the Minister of Justice dated February 3, 2006, pursuant to

Section 97 of

Chapter 37 of the Acts of 2005, the Correctional Services Act, is pleased to order and

N.S. Reg. 17/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 132 © NS Registry of Regulations. Web version. declare by proclamation that

Chapter 37 of the Acts of 2005, the Correctional Services Act, do come into force on and not before July 1, 2006. 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 97 of

Chapter 37 of the Acts of 2005, the Correctional Services Act, it is enacted as follows: 97 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 37 of the Acts of 2005, the Correctional Services Act, come into force on and not before July 1, 2006; 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 37 of the Acts of 2005, the Correctional Services Act, come into force on and not before July 1, 2006 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.

AT Our Government House in the Halifax Regional Municipality, this 10 th day of February in the year of Our Lord two thousand and six and in the fifty-fourth year of Our Reign. BY COMMAND: Sgd: Michael G. Baker Provincial Secretary Minister of Justice and Attorney General

N.S. Reg. 18/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 © NS Registry of Regulations. Web version. 133 N.S. Reg. 18/2006 Made: February 10, 2006 Filed: February 13, 2006 Proclamation, S. 5, S.N.S. 2005, c. 40 Order in Council 2006-72 dated February 10, 2006 Proclamation made by the Governor in Council pursuant to

Section 5 of the Enforcement of Court Orders Act The Governor in Council on the report and recommendation of the Minister of Justice dated February 3, 2006, pursuant to

Section 5 of

Chapter 40 of the Acts of 2005, the Enforcement of Court Orders Act, is pleased to order and declare by proclamation that

Chapter 40 of the Acts of 2005, the Enforcement of Court Orders Act, do come into force on and not before July 1, 2006. 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 5 of

Chapter 40 of the Acts of 2005, the Enforcement of Court Orders Act, it is enacted as follows: 5 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 40 of the Acts of 2005, the Enforcement of Court Orders Act, come into force on and not before July 1, 2006; 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 40 of the Acts of 2005, the Enforcement of Court Orders Act, come into force on and not before July 1, 2006, 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. AT Our Government House in the Halifax Regional Municipality, this 10 th day of February in the year

N.S. Reg. 18/2006 - 19/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 134 © NS Registry of Regulations. Web version. of Our Lord two thousand and six and in the fifty-fourth year of Our Reign. BY COMMAND: Sgd: Michael G. Baker Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 19/2006 Made: February 10, 2006 Filed: February 13, 2006 Proclamation, S. 13, S.N.S. 2001, c. 30 and S. 6, S.N.S. 2005, c. 49 Order in Council 2006-73 dated February 10, 2006 Proclamation made by the Governor in Council pursuant to

Section 13 of the Enforcement of Canadian Judgments and Decrees Act and

Section 6 of

An Act to Amend

Chapter 30 of the Acts of 2001, the Enforcement of Canadian Judgments and Decrees Act The Governor in Council on the report and recommendation of the Minister of Justice dated February 3, 2006, pursuant to

Section 13 of

Chapter 30 of the Acts of 2001, the Enforcement of Canadian Judgments and Decrees Act, and

Section 6 of

Chapter 49 of the Acts of 2005,

An Act to Amend

Chapter 30 of the Acts of 2001, the Enforcement of Canadian Judgments and Decrees Act, is pleased to order and declare by proclamation that

Chapter 30 of the Acts of 2001, the Enforcement of Canadian Judgments and Decrees Act, and

Chapter 49 of the Acts of 2005,

An Act to Amend

Chapter 30 of the Acts of 2001, the Enforcement of Canadian Judgments and Decrees Act, do come into force on and not before July 1, 2006. 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 13 of

Chapter 30 of the Acts of 2001, the Enforcement of Canadian Judgments and Decrees Act, it is enacted as follows: 13 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS in and by

Section 6 of

Chapter 49 of the Acts of 2005,

An Act to Amend

Chapter 30 of the Acts of 2001, the Enforcement of Canadian Judgments and Decrees Act, it is enacted as follows:

N.S. Reg. 19/2006 - 20/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 © NS Registry of Regulations. Web version. 135 6 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 30 of the Acts of 2001, the Enforcement of Canadian Judgments and Decrees Act, and

Chapter 49 of the Acts of 2005,

An Act to Amend

Chapter 30 of the Acts of 2001, the Enforcement of Canadian Judgments and Decrees Act, come into force on and not before July 1, 2006; 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 30 of the Acts of 2001, the Enforcement of Canadian Judgments and Decrees Act, and

Chapter 49 of the Acts of 2005,

An Act to Amend

Chapter 30 of the Acts of 2001, the Enforcement of Canadian Judgments and Decrees Act, come into force on and not before July 1, 2006. 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. AT Our Government House in the Halifax Regional Municipality, this 10 th day of February, in the year of Our Lord two thousand and six and in the fifty-fourth year of Our Reign. BY COMMAND: Sgd: Michael G.

Baker Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 20/2006 Made: February 10, 2006 Filed: February 13, 2006 Proclamation, S. 5, S.N.S. 2005, c. 38 Order in Council 2006-74 dated February 10, 2006 Proclamation made by the Governor in Council pursuant to

Section 5 of

An Act to Further Discourage Criminal Offences Involving the Use of a Motor Vehicle The Governor in Council on the report and recommendation of the Minister of Justice dated February 3, 2006, pursuant to

Section 5 of

Chapter 38 of the Acts of 2005,

An Act to Further Discourage Criminal Offences Involving the Use of a Motor Vehicle, is pleased to order and declare by proclamation that

Chapter 38 of the Acts of 2005,

An Act to Further Discourage Criminal Offences Involving the Use of a Motor Vehicle, do come into force on and not before July 1, 2006.

N.S. Reg. 20/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 136 © NS Registry of Regulations. Web version. 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 5 of

Chapter 38 of the Acts of 2005,

An Act to Further Discourage Criminal Offences Involving the Use of a Motor Vehicle, it is enacted as follows: 5 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 38 of the Acts of 2005,

An Act to Further Discourage Criminal Offences Involving the Use of a Motor Vehicle, come into force on and not before July 1, 2006; 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 38 of the Acts of 2005,

An Act to Further Discourage Criminal Offences Involving the Use of a Motor Vehicle, come into force on and not before July 1, 2006, 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.

AT Our Government House in the Halifax Regional Municipality, this 10 th day of February in the year of Our Lord two thousand and six and in the fifty-fourth year of Our Reign. BY COMMAND: Sgd: Michael G. Baker Provincial Secretary Minister of Justice and Attorney General

N.S. Reg. 21/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 © NS Registry of Regulations. Web version. 137 N.S. Reg. 21/2006 Made: February 10, 2006 Filed: February 13, 2006 Proclamation, S. 50(3), S.N.S. 2001, c. 5 Order in Council 2006-75 dated February 10, 2006 Proclamation made by the Governor in Council pursuant to subsection 50(3) of the Justice Administration Amendment

(2001) Act The Governor in Council on the report and recommendation of the Minister of Justice dated February 3, 2006, pursuant to subsection (3) of

Section 50 of

Chapter 5 of the Acts of 2001, the Justice Administration Amendment

(2001) Act, and subsection (7) of

Section 3 of

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

Interpretation Act, is pleased to order and declare by proclamation that

Section 36 of

Chapter 5 of the Acts of 2001, the Justice Administration Amendment

(2001) Act, do come into force on and not before December 1, 2006. 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 subsection (3) of

Section 50 of

Chapter 5 of the Acts of 2001, the Justice Administration Amendment

(2001) Act, it is enacted as follows: 50

(3) Sections 5, 10 to 25, 30, 32 and 36 come into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Section 36 of

Chapter 5 of the Acts of 2001, the Justice Administration Amendment

(2001) Act, come into force on and not before December 1, 2006; 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

Section 36 of

Chapter 5 of the Acts of 2001, the Justice Administration Amendment

(2001) Act, come into force on and not before December 1, 2006, 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. 21/2006 - 22/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 138 © NS Registry of Regulations. Web version. AT Our Government House in the Halifax Regional Municipality, this 10th day of February in the year of Our Lord two thousand and six and in the fifty-fourth year of Our Reign. BY COMMAND: Sgd: Michael G. Baker Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 22/2006 Made: February 10, 2006 Filed: February 13, 2006 Proclamation, S. 17, S.N.S. 2005, c. 36 Order in Council 2006-76 dated February 10, 2006 Proclamation made by the Governor in Council pursuant to

Section 17 of the Commercial Mediation Act The Governor in Council on the report and recommendation of the Minister of Justice dated January 12, 2006, pursuant to

Section 17 of

Chapter 36 of the Acts of 2005, the Commercial Mediation Act, is pleased to order and declare by proclamation that

Chapter 36 of the Acts of 2005, the Commercial Mediation Act, do come into force on and not before April 1, 2006. 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 17 of

Chapter 36 of the Acts of 2005, the Commercial Mediation Act, it is enacted as follows: 17 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 36 of the Acts of 2005, the Commercial Mediation Act, come into force on and not before April 1, 2006; 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 36 of the Acts of 2005, the Commercial Mediation Act, come into

N.S. Reg. 22/2006 - 23/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 © NS Registry of Regulations. Web version. 139 force on and not before April 1, 2006, 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.

AT Our Government House in the Halifax Regional Municipality, this 10 th day of February in the year of Our Lord two thousand and six and in the fifty-fourth year of Our Reign. BY COMMAND: Sgd: Michael G. Baker Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 23/2006 Made: February 10, 2006 Filed: February 13, 2006 Proclamation, S. 3, S.N.S. 2005, c. 58 Order in Council 2006-77 dated February 10, 2006 Proclamation made by the Governor in Council pursuant to

Section 3 of

An Act to Amend

Chapter 430 of the Revised Statutes, 1989, the Small Claims Court Act The Governor in Council on the report and recommendation of the Minister of Justice dated January 12, 2006, pursuant to

Section 3 of

Chapter 58 of the Acts of 2005,

An Act to Amend

Chapter 430 of the Revised Statutes, 1989, the Small Claims Court Act, is pleased to order and declare by proclamation that

Chapter 58 of the Acts of 2005,

An Act to Amend

Chapter 430 of the Revised Statutes, 1989, the Small Claims Court Act, do come into force on and not before April 1, 2006. 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:

N.S. Reg. 23/2006 - 24/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 140 © NS Registry of Regulations. Web version. A PROCLAMATION

WHEREAS in and by

Section 3 of

Chapter 58 of the Acts of 2005,

An Act to Amend

Chapter 430 of the Revised Statutes, 1989, the Small Claims Court Act, it is enacted as follows: 3 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 58 of the Acts of 2005,

An Act to Amend

Chapter 430 of the Revised Statutes, 1989, the Small Claims Court Act, come into force on and not before April 1, 2006; 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 58 of the Acts of 2005,

An Act to Amend

Chapter 430 of the Revised Statutes, 1989, the Small Claims Court Act, come into force on and not before April 1, 2006, 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.

AT Our Government House in the Halifax Regional Municipality, this 10 th day of February in the year of Our Lord two thousand and six and in the fifty-fourth year of Our Reign. BY COMMAND: Sgd: Michael G. Baker Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 24/2006 Made: February 10, 2006 Filed: February 13, 2006 Proclamation, S. 18, S.N.S. 2004, c. 40 and S. 2, S.N.S. 2005, c. 53 Order in Council 2006-78 dated February 10, 2006 Proclamation made by the Governor in Council pursuant to

Section 18 of

An Act to Amend

Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act and

Section 2 of

An Act to Amend

Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act The Governor in Council on the report and recommendation of the Minister of Justice dated January 12, 2006, pursuant to

Section 18 of

Chapter 40 of the Acts of 2004,

An Act to Amend

Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act, and

Section 2 of

Chapter 53 of the Acts of 2005,

An Act to Amend

Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act, is pleased to order and declare by proclamation that

N.S. Reg. 24/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 © NS Registry of Regulations. Web version. 141

Chapter 40 of the Acts of 2004,

An Act to Amend

Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act, and

Chapter 53 of the Acts of 2005,

An Act to Amend

Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act, do come into force on and not before April 1, 2006. 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 18 of

Chapter 40 of the Acts of 2004,

An Act to Amend

Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act, it is enacted as follows: 18 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS in and by

Section 2 of

Chapter 53 of the Acts of 2005,

An Act to Amend

Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act, it is enacted as follows: 2 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 40 of the Acts of 2004,

An Act to Amend

Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act, and

Chapter 53 of the Acts of 2005,

An Act to Amend

Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act come into force on and not before April 1, 2006; 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 40 of the Acts of 2004,

An Act to Amend

Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act, and

Chapter 53 of the Acts of 2005,

An Act to Amend

Chapter 6 of the Acts of 1994-95, the Maintenance Enforcement Act, come into force on and not before April 1, 2006, 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. AT Our Government House in the Halifax Regional Municipality, this 10 th day of February in the year of Our Lord two thousand and six and in the fifty-fourth year of Our Reign.

N.S. Reg. 24/2006 - 25/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 142 © NS Registry of Regulations. Web version. BY COMMAND: Sgd: Michael G. Baker Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 25/2006 Made: February 10, 2006 Filed: February 13, 2006 Proclamation, S. 5, S.N.S. 2005, c. 60 Order in Council 2006-84 dated February 10, 2006 Proclamation made by the Governor in Council pursuant to

Section 5 of

An Act to Amend

Chapter 12 of the Acts of 1993, the Social Workers Act The Governor in Council on the report and recommendation of the Minister of Community Services dated January 24, 2006, pursuant to

Section 5 of

Chapter 60 of the Acts of 2005,

An Act to Amend

Chapter 12 of the Acts of 1993, the Social Workers Act, is pleased to order and declare by proclamation that

Chapter 60 of the Acts of 2005,

An Act to Amend

Chapter 12 of the Acts of 1993, the Social Workers Act, do come into force on and not before February 10, 2006. 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 5 of

Chapter 60 of the Acts of 2005,

An Act to Amend

Chapter 12 of the Acts of 1993, the Social Workers Act, it is enacted as follows: 5 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 60 of the Acts of 2005,

An Act to Amend

Chapter 12 of the Acts of 1993, the Social Workers Act, come into force on and not before February 10, 2006; 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 60 of the Acts of 2005,

An Act to Amend

Chapter 12 of the Acts of 1993, the Social Workers Act, come into force on and not before February 10, 2006, of which all persons concerned are to take notice and govern themselves accordingly.

N.S. Reg. 25/2006 - 26/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 © NS Registry of Regulations. Web version. 143 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. AT Our Government House in the Halifax Regional Municipality, this 10 th day of February in the year of Our Lord two thousand and six and in the fifty-fourth year of Our Reign. BY COMMAND: Sgd: Michael G.

Baker Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 26/2006 Made: February 10, 2006 Filed: February 13, 2006 Proclamation, S. 2, S.N.S. 2005, c. 52 Order in Council 2006-85 dated February 10, 2006 Proclamation made by the Governor in Council pursuant to

Section 2 of

An Act to Amend

Chapter 213 of the Revised Statutes, 1989, the Housing Development Corporation Act The Governor in Council on the report and recommendation of the Minister of Community Services dated January 24, 2006, pursuant to

Section 2 of

Chapter 52 of the Acts of 2005,

An Act to Amend

Chapter 213 of the Revised Statutes, 1989, the Housing Development Corporation Act, is pleased to order and declare by proclamation that

Chapter 52 of the Acts of 2005,

An Act to Amend

Chapter 213 of the Revised Statutes, 1989, the Housing Development Corporation Act, do come into force on and not before February 10, 2006. 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:

N.S. Reg. 26/2006 - 27/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 144 © NS Registry of Regulations. Web version. A PROCLAMATION

WHEREAS in and by

Section 2 of

Chapter 52 of the Acts of 2005,

An Act to Amend

Chapter 213 of the Revised Statutes, 1989, the Housing Development Corporation Act, it is enacted as follows: 2 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 52 of the Acts of 2005,

An Act to Amend

Chapter 213 of the Revised Statutes, 1989, the Housing Development Corporation Act, come into force on and not before February 10, 2006; 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 52 of the Acts of 2005,

An Act to Amend

Chapter 213 of the Revised Statutes, 1989, the Housing Development Corporation Act, come into force on and not before February 10, 2006, 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.

AT Our Government House in the Halifax Regional Municipality, this 10 th day of February in the year of Our Lord two thousand and six and in the fifty-fourth year of Our Reign. BY COMMAND: Sgd: Michael G. Baker Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 27/2006 Made: February 10, 2006 Filed: February 13, 2006 Proclamation, S. 12, S.N.S. 2005, c. 55 Order in Council 2006-86 dated February 10, 2006 Proclamation made by the Governor in Council pursuant to

Section 12 of

An Act to Amend

Chapter 18 of the Acts of 1998, the Municipal Government Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated January 25, 2006, pursuant to

Section 12 of

Chapter 55 of the Acts of 2005,

An Act to Amend

Chapter 18 of the Acts of 1998, the Municipal Government Act, is pleased to order and declare by

N.S. Reg. 27/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 © NS Registry of Regulations. Web version. 145 proclamation that

Chapter 55 of the Acts of 2005,

An Act to Amend

Chapter 18 of the Acts of 1998, the Municipal Government Act, do come into force on and not before February 10, 2006. 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 12 of

Chapter 55 of the Acts of 2005,

An Act to Amend

Chapter 18 of the Acts of 1998, the Municipal Government Act, it is enacted as follows: 12 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 55 of the Acts of 2005,

An Act to Amend

Chapter 18 of the Acts of 1998, the Municipal Government Act, come into force on and not before February 10, 2006; 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 55 of the Acts of 2005,

An Act to Amend

Chapter 18 of the Acts of 1998, the Municipal Government Act, come into force on and not before February 10, 2006, 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.

AT Our Government House in the Halifax Regional Municipality, this 10 th day of February in the year of Our Lord two thousand and six and in the fifty-fourth year of Our Reign. BY COMMAND: Sgd: Michael G. Baker Provincial Secretary Minister of Justice and Attorney General

N.S. Reg. 28/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 146 © NS Registry of Regulations. Web version. N.S. Reg. 28/2006 Made: February 10, 2006 Filed: February 13, 2006 Proclamation, S. 13, S.N.S. 2005, c. 47 Order in Council 2006-87 dated February 10, 2006 Proclamation made by the Governor in Council pursuant to

Section 13 of

An Act to Amend

Chapter 46 of the Revised Statutes, 1989, the Building Code Act The Governor in Council on the report and recommendation of the Minister of Environment and Labour dated February 2, 2006, pursuant to

Section 13 of

Chapter 47 of the Acts of 2005,

An Act to Amend

Chapter 46 of the Revised Statutes, 1989, the Building Code Act, is pleased to order and declare by proclamation that

Chapter 47 of the Acts of 2005,

An Act to Amend

Chapter 46 of the Revised Statutes, 1989, the Building Code Act, do come into force on and not before July 1, 2006. 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 13 of

Chapter 47 of the Acts of 2005,

An Act to Amend

Chapter 46 of the Revised Statutes, 1989, the Building Code Act, it is enacted as follows: 13 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 47 of the Acts of 2005,

An Act to Amend

Chapter 46 of the Revised Statutes, 1989, the Building Code Act, come into force on and not before July 1, 2006; 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 47 of the Acts of 2005,

An Act to Amend

Chapter 46 of the Revised Statutes, 1989, the Building Code Act, come into force on and not before July 1, 2006, 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. 28/2006 - 29/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 © NS Registry of Regulations. Web version. 147 AT Our Government House in the Halifax Regional Municipality, this 10th day of February in the year of Our Lord two thousand and six and in the fifty-fourth year of Our Reign. BY COMMAND: Sgd: Michael G. Baker Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 29/2006 Made: February 10, 2006 Filed: February 13, 2006 Proclamation, S. 5, S.N.S. 2005, c. 32 Order in Council 2006-94 dated February 10, 2006 Proclamation made by the Governor in Council pursuant to

Section 5 of

An Act to Amend

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

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated February 6, 2006, pursuant to

Section 5 of

Chapter 32 of the Acts of 2005,

An Act to Amend

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

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, and subsection (7) of

Section 3 of

Chapter 235 of the Revised Statutes, 1989, the

Interpretation Act, is pleased to order and declare by proclamation that Sections 3 and 4 of

Chapter 32 of the Acts of 2005,

An Act to Amend

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

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, do come into force on and not before June 1, 2006. 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 5 of

Chapter 32 of the Acts of 2005,

An Act to Amend

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

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, it is enacted as follows: 5 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

N.S. Reg. 29/2006 - 30/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 148 © NS Registry of Regulations. Web version. AND

WHEREAS it is deemed expedient that Sections 3 and 4 of

Chapter 32 of the Acts of 2005,

An Act to Amend

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

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, come into force on and not before June 1, 2006; 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

Section 3 and 4 of

Chapter 32 of the Acts of 2005,

An Act to Amend

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

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, come into force on and not before June 1, 2006, 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.

AT Our Government House in the Halifax Regional Municipality, this 10 th day of February in the year of Our Lord two thousand and six and in the fifty-fourth year of Our Reign. BY COMMAND: Sgd: Michael G. Baker Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 30/2006 Made: February 10, 2006 Filed: February 13, 2006 Proclamation, S. 21(1), S.N.S. 2005, c. 8 Order in Council 2006-95 dated February 10, 2006 Proclamation made by the Governor in Council pursuant to subsection 21(1) of the Justice Administration Amendment

(2005) Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated February 6, 2006, pursuant to subsection (1) of

Section 21 of

Chapter 8 of the Acts of 2005, the Justice Administration Amendment

(2005) Act, and subsection (7) of

Section 3 of

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

Interpretation Act, is pleased to order and declare by proclamation that Sections 9 to 15 of

Chapter 8 of the Acts of 2005, the Justice Administration Amendment

(2005) Act, do come into force on and not before June 1, 2006.

N.S. Reg. 30/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 © NS Registry of Regulations. Web version. 149 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 subsection (1) of

Section 21 of

Chapter 8 of the Acts of 2005, the Justice Administration Amendment

(2005) Act, it is enacted as follows: 21

(1) This Act, except Sections 7 and 8, comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Section 9 to 15 of

Chapter 8 of the Acts of 2005, the Justice Administration Amendment

(2005) Act, come into force on and not before June 1, 2006; 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

Section 9 to 15 of

Chapter 8 of the Acts of 2005, the Justice Administration Amendment

(2005) Act, come into force on and not before June 1, 2006, 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. AT Our Government House in the Halifax Regional Municipality, this 10 th day of February in the year of Our Lord two thousand and six and in the fifty-fourth year of Our Reign. BY COMMAND: Sgd: Michael G. Baker Provincial Secretary Minister of Justice and Attorney General

N.S. Reg. 31/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 150 © NS Registry of Regulations. Web version. N.S. Reg. 31/2006 Made: February 10, 2006 Filed: February 13, 2006 Proclamation, S. 16, S.N.S. 2003, c. 3 Order in Council 2006-96 dated February 10, 2006 Proclamation made by the Governor in Council pursuant to

Section 16 of the Farm Machinery Dealers and Vendors Act The Governor in Council on the report and recommendation of the Minister of Agriculture and Fisheries dated February 7, 2006, pursuant to

Section 16 of

Chapter 3 of the Acts of 2003, the Farm Machinery Dealers and Vendors Act, is pleased to order and declare by proclamation that

Chapter 3 of the Acts of 2003, the Farm Machinery Dealers and Vendors Act, do come into force on and not before March 1, 2006. 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 16 of

Chapter 3 of the Acts of 2003, the Farm Machinery Dealers and Vendors Act, it is enacted as follows: 16 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 3 of the Acts of 2003, the Farm Machinery Dealers and Vendors Act, come into force on and not before March 1, 2006; 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 3 of the Acts of 2003, the Farm Machinery Dealers and Vendors Act, come into force on and not before March 1, 2006, 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. 31/2006 - 32/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 © NS Registry of Regulations. Web version. 151 AT Our Government House in the Halifax Regional Municipality, this 10th day of February in the year of Our Lord two thousand and six and in the fifty-fourth year of Our Reign. BY COMMAND: Sgd: Michael G. Baker Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 32/2006 Made: February 10, 2006 Approved: February 10, 2006 Filed: February 13, 2006 Special Operating Agency Designation - Nova Scotia Pension Agency Order in Council 2006-97 dated February 10, 2006 Designation made by the Treasury and Policy Board and approved by the Governor in Council pursuant to

Section 16 of the Public Service Act The Governor in Council on the report and recommendation of the Minister of Finance dated February 6, 2006, and pursuant to Sections 4 and 16 of

Chapter 376 of the Revised Statutes of Nova Scotia, 1989, the Public Service Act, and

Section 10 of

Chapter 70 of the Revised Statutes of Nova Scotia, 1989, the Civil Service Act, is pleased, effective on and after February 10, 2006, to (

a) approve the designation of the Pensions and Invest ments Branch of the Department of Finance as the Nova Scotia Pension Agency, a special operating agency, made by Treasury and Policy Board in the form set out in

Schedule “A” attached to and forming part of the report and recommendation; [This paragraph only filed as N.S. Reg. 32/2006] (

b) appoint John W. Traves as Chief Executive Officer of the Nova Scotia Pension Agency for a term of not less than twelve months and not exceeding eighteen months; (

c) designate John W. Traves as a Deputy Head within the meaning of the Civil Service Act and direct that he receive all customary benefits associated with the position of Deputy Head including continued participation in the Province of Nova Scotia Long Term Disability Plan; (

d) fix and determine the salary of John W. Traves to continue at the rate of MCL 32 (127%) and direct that John W. Traves shall further be entitled in any year in which Deputy Ministers receive pay for performance pursuant to the Pay for Performance for Senior Officials Policy; (

e) designate John W. Traves to be and to have been an employee for the purposes of the Public Service Superannuation Act; and (

f) amend paragraph (

a) of Orde r in Council 81-1097G, dated August 28, 1981, as amended, respecting the retirement of senior public servants by adding “John W. Traves” to the special class of persons listed therein.

N.S. Reg. 32/2006 - 33/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 152 © NS Registry of Regulations. Web version.

Schedule “A” In the Matter of a Designation by Treasury and Policy Board made pursuant to

Section 16 of

Chapter 376 of the Revised Statutes of Nova Scotia, 1989, the Public Service Act The Treasury and Policy Board, pursuant to clause 16(1)(

a) of

Chapter 376 of the Revised Statutes of Nova Scotia, 1989, the Public Service Act, hereby designates the Pensions and Investments Branch of the Department of Finance as the Nova Scotia Pension Agency, a special operating agency. Dated and made at Halifax, Nova Scotia, February 10, 2006. Sgd.: Michael Baker Michael G. Baker, Q.C. Chair, Treasury and Policy Board N.S. Reg. 33/2006 Made: February 14, 2006 Filed: February 15, 2006

Definitions Regulations Order in Council 2006-100 dated February 14, 2006 Amendment to regulations made by the Governor in Council pursuant to

Section 8 of the Retail Business Uniform Closing Day Act The Governor in Council on the report and recommendation of the Minister of Justice dated February 7, 2006, and pursuant to

Section 8 of

Chapter 402 of the Revised Statutes of 1989, the Retail Business Uniform Closing Day Act, is pleased to amend the regulations respecting

definitions, N.S. Reg. 271/92, made by the Governor in Council by Order in Council 92-1212 dated December 15, 1992, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after March 1, 2006.

Schedule “A” Amendment to the Regulations Respecting

Definitions made by the Governor in Council pursuant to

Section 8 of

Chapter 402 of the Revised Statutes of 1989, the Retail Business Uniform Closing Day Act The regulations respecting

definitions, N.S. Reg. 271/92, made by the Governor in Council by Order in Council 92-1212 dated December 15, 1992, are amended by adding the following

Section immediately after

Section 1: 2 For the purposes of clause 3(2)(

a) of the Act, a “drug store” does not include either of the following: (

a) a retail business that includes a retail sales area that is (

i) larger than 2000 ft. 2 in total,

N.S. Reg. 33/2006 - 34/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 © NS Registry of Regulations. Web version. 153 (ii) open to the public, and (iii) dedicated to food items; (

b) a retail business in which the total retail sales area that is open to the public is larger than 20,000 ft.2 N.S. Reg. 34/2005 Made: January 11, 2006 Approved: February 14, 2006 Filed: February 20, 2006 Nova Scotia Cattle Producers Regulations Order dated February 14, 2006 made by Nova Scotia Cattle Producers and approved by the Natural Products Marketing Council pursuant to Sections 6 and 9 of the Natural Products Act

Schedule “A” I certify that the Nova Scotia Cattle Producers, at its meeting on January 11, 2006, carried a motion to make regulations respecting Nova Scotia Cattle Producers Regulations in the form attached. The regulations are effective on and after the date they are approved by the Natural Products Marketing Council. Signed at Truro, in the County of Colchester, Nova Scotia, on Jan. 11, 2006. Sgd.: P.

MacDonald Patton MacDonald General Manager Nova Scotia Cattle Producers ------------------------------------------------------------------------------------------------------ Approved by the Natural Products Marketing Council at Truro, Nova Scotia on February 14, 2006. Sgd.: G. Burris George D. Burris General Manager Natural Products Marketing Council

N.S. Reg. 34/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 154 © NS Registry of Regulations. Web version. Regulations Respecting Beef Cattle made by the Nova Scotia Cattle Producers under Sections 6 and 9 of

Chapter 308 of the Revised Statutes of Nova Scotia, 1989, the Natural Products Act Citation 1 These regulations may be cited as the Nova Scotia Cattle Producers Regulations.

Definitions 2 In these regulations, (a) “Act” means the Natural Products Act; (b) “Agency” means the Canadian Beef Cattle Research, Market Development and Promotion Agency, established under the Farm Products Agencies Act (Canada); (c) “beef cattle” means live domesticated bulls, cows, steers, heifers and calves of the bovine species or their carcasses and includes bob calves, veal calves, cull cows and dairy cattle and draft animals of the bovine species; (d) “Commodity Board” means the Nova Scotia Cattle Producers; (e) “Council” means the Natura l Products Marketing Council; (f) “certificate of registration” means a permit issued by the Commodity Board under these regulations to a producer or purchaser; (g) “federal levy” means a levy imposed under the Beef Cattle Research, Market Development and Promotion Levies Order made under the Farm Products Agencies Act (Canada); (h) “inspector” means an inspector appointed as an inspector by the Council under subsection 5(3) of the Act; (i) “levy” means a levy on the sale of beef cattle imposed under

Section 7; (j) “livestock dealer” means a person who acts as an agent in buying or selling beef cattle and includes an auctioneer, an auction market and a public sale yard operator; (k) “person” includes a board, association, corporation, firm and partnership; (l) “producer” means a person who markets beef cattle in the regulated area for the purpose of sale or distribution, and includes all of the following: (

i) a livestock dealer, (ii) a slaughterhouse operator, (iii) a drover; (m) “public sale yard operator” means a pers on who operates a public auction as a business; (n) “purchaser” means a person who buys beef cattle from a producer and includes

N.S. Reg. 34/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 © NS Registry of Regulations. Web version. 155 (

i) a producer who buys beef cattle from another producer, and (ii) a person who buys beef cattle in the regulated area but who does not reside in the regulated area; (o) “regulated area” means all of the Province; (p) “slaughterhouse operator” means a person who operates a slaughterhouse where beef cattle are slaughtered. Certificate of registration required 3 Only a person who holds a valid certificate of registration issued by the Commodity Board is permitted to act as a producer or purchaser.

Certificate of registration 4( 1 ) The Commodity Board may issue a certificate of registration and a registration number to an applicant who submits a completed application for a certificate of registration to the Commodity Board on the form prescribed by the Commodity Board and includes all information prescribed by the Commodity Board, together with all of the following information: (

a) the applicant’s name and address; (

b) the civic address of the applicant’s residence; (

c) information about all of the applicant’s purchases of beef cattle in the 12 months immediately preceding the application, including all the following: (

i) the producer’s name and address and registration number, (ii) the number of beef cattle purchased, (iii) the place of purchase, (iv) the date of purchase; (

d) information about all of the applicant’s sales of beef cattle in the 12 months immediately preceding the application, including all of the following: (

i) the purchaser’s name and address and registration number, (ii) the number of beef cattle sold, (iii) the place of sale, (iv) the date of sale.

(2) A certificate of registration expires on December 31 in the year it is issued or renewed.

(3) An applicant for renewal of a certificate of registration must submit a completed application to the Commodity Board on a form prescribed by the Commodity Board

N.S. Reg. 34/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 156 © NS Registry of Regulations. Web version. (

a) no later than 60 days after the date they receive a renewal notice from the Commodity Board; or (

b) if the Commodity Board does not issue a re newal notice to the applicant, no later than December 1 in each year.

(4) The Commodity Board may refuse to issue or renew a certificate of registration if (

a) the application is not complete; or (

b) the Commodity Board considers that the appli cant is not complying with the Act, the Plan or the regulations made under the Act.

(5) A certificate of registration is not transferrable. Annual reporting 5 When their certificate of registration expires or is renewed, each producer and purchaser must give the Commodity Board the following information in a form prescribed by the Commodity Board: (

a) the details of all purchases of beef cattle made by the producer or purchaser during the term of their certificate, including all the following: (

i) the producer’s name and address, (ii) the number of beef cattle purchased, (iii) the place of purchase, (iv) the date of the purchase; (

b) the details of all sales of beef cattle made by the producer or purchaser during the term of the certificate, including all of the following: (

i) date of the sale, (ii) name and address of the purchaser, (iii) number of beef cattle sold, (iv) place of sale. Levy amount 6( 1 ) A person who sells beef cattle in intraprovincial trade in the regulated area must pay a levy of $2.00 to the Commodity Board, in accordance with

Section 7, for each head of beef cattle sold.

(2) A person who slaughters beef cattle in the regulated area must pay a levy of $2.00 to the Commodity Board for each head of beef cattle slaughtered, unless a levy is payable under subsection (1) for the same head of cattle. Deducting and remitting levy 7( 1 ) A purchaser must deduct the levy imposed under

Section 6 from the amount paid to a producer.

N.S. Reg. 34/2006 Royal Gazette

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(2) A purchaser must remit the deducted levy to the Commodity Board no later than the 15th day of the month following the month in which the purchase occurred, together with all of the following information in the form prescribed by the Commodity Board: (

a) the producer’s name, address and registration number; (

b) the purchaser’s name, address and registration number; (

c) the date and place of the purchase; (

d) the number of beef cattle purchased.

(3) If a purchaser fails to deduct and remit a levy as required, the producer who is selling the beef cattle must remit the levy to the Commodity Board no later than the 15 th day of the month following the month in which the sale occurred, together with the all of following information in the form prescribed by the Commodity Board: (

a) the producer’s name, address and registration number; (

b) the purchaser’s name, address and registration number; (

c) the date and place of the sale; (

d) the number of beef cattle sold.

(4) If a purchaser or producer fails to remit a levy to the Commodity Board in accordance with this Section, the producer and purchaser are jointly and severally liable to the Commodity Board for the amount of the levy. Inspecting books, records, premises and transport vehicles 9 An inspector may inspect the books, records, premises and transport vehicles of a producer or purchaser at the times determined by the Commodity Board. Commodity Board may enter administrative agreements 10 The Commodity Board may enter into an administrative agreement with any one or all of the following: (

a) the Agency, to give effect to the federal levy in the regulated area and to enable the Commodity Board to act as an agent for the Agency; (

b) a provincial agency, to give effect to the federal levy; (

c) the Agency and a provincial agency or agencies, to provide for collecting, remitting and enforcing the federal levy in the regulated area and accounting for the federal levy to the Agency and the other provincial agencies.

N.S. Reg. 35/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 158 © NS Registry of Regulations. Web version. N.S. Reg. 35/2005 Made: January 19, 2006 Approved: February 14, 2006 Filed: February 20, 2006 Milk Pricing Regulations Order dated February 14, 2005 made by Dairy Farmers of Nova Scotia and approved by the Natural Products Marketing Council pursuant to clauses 14(1)(

c) and 15(1)(

g) of the Dairy Industry Act Dairy Farmers of Nova Scotia At a meeting held on January 19, 2006, the Dairy Farmers of Nova Scotia, pursuant to clause 14(1)(

c) and 15(1)(

g) of

Chapter 24 of the Acts of 2000, the Dairy Industry Act, and clause 2(1)(

c) of the Delegation of Power to Dairy Farmers of Nova Scotia Regulations, amended the Milk Pricing Regulations in the matter [manner] set out in the form attached to this certificate as

Schedule “A”, effective on and after March 1, 2006. Dated and signed at Truro, Nova Scotia, Feb. 13, 2006. Sgd: Brian Cameron Brian Cameron General Manager Dairy Farmers of Nova Scotia ------------------------------------------------------------------------------------------------------ Approved by the Natural Products Marketing Council at Truro, Nova Scotia on February 14, 2006. Sgd.: G. Burris George D. Burris General Manager Natural Products Marketing Council

Schedule “A” Amendment to the Milk Pricing Regulations made by the Dairy Farmers of Nova Scotia pursuant to clause 14(1)(

c) and 15(1)(

g) of

Chapter 24 of the Acts of 2000, the Dairy Industry Act 1. Subsection 8(1) of the Milk Pricing Regulations[, N.S. Reg. 61/2002,] made by Dairy Farmers of Nova Scotia and approved by the Natural Products Marketing Council on February 14, 2006 [November 21, 2001], is amended by (1) striking out “$0.095” and substituting “$0.12”. (2) striking out “(excluding contract export milk)”.

N.S. Reg. 36/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 © NS Registry of Regulations. Web version. 159 N.S. Reg. 36/2006 Made: February 17, 2006 Filed: February 21, 2006 Proclamation, S. 49, S.N.S. 2001, c. 13 Order in Council 2006-103 dated February 17, 2006 Proclamation made by the Governor in Council pursuant to

Section 49 of the Veterinary Medical Act The Governor in Council on the report and recommendation of the Minister of Agriculture and Fisheries dated February 15, 2006, pursuant to

Section 49 of

Chapter 13 of the Acts of 2001, the Veterinary Medical Act, is pleased to order and declare by proclamation that

Chapter 13 of the Acts of 2001, the Veterinary Medical Act, do come into force on and not before March 1, 2006. PROVINCE OF NOVA SCOTIA Sgd: J. Michael MacDonald 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 49 of

Chapter 13 of the Acts of 2001, the Veterinary Medical Act, it is enacted as follows: 49 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 13 of the Acts of 2001, the Veterinary Medical Act, come into force on and not before March 1, 2006; 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 13 of the Acts of 2001, the Veterinary Medical Act, come into force on and not before March 1, 2006, 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. Michael MacDonald, Administrator of the Government of the Province of Nova Scotia.

N.S. Reg. 36/2006 - 37/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 160 © NS Registry of Regulations. Web version. AT Our Law Courts in the Halifax Regional Municipality, this 17th day of February in the year of Our Lord two thousand and six and in the fifty-fifth year of Our Reign. BY COMMAND: Sgd: Michael G. Baker Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 37/2006 Made: April 1, 2001 Approved: February 17, 2006 Filed: February 21, 2006 Veterinary Medical Regulations Order in Council 2006-104 dated February 17, 2006 Regulations made by the Nova Scotia Veterinary Medical Association Council and approved by the Governor in Council pursuant to

Section 6 of the Veterinary Medical Act The Governor in Council on the report and recommendation of the Minister of Agriculture and Fisheries dated January 11, 2006, and pursuant to

Section 6 of

Chapter 13 of the Acts of 2001, the Veterinary Medical Act, is pleased to approve the making of new regulations respecting veterinary medicine by the Nova Scotia Veterinary Medical Association Council in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after March 1, 2006.

Schedule “A” March 8, 2005 I certify that the Nova Scotia Veterinary Medical Association at its special meeting of April 1, 2001, carried a motion to make regulations respecting veterinary medicine in the form attached or with such changes as do not materially alter the substance of the regulations. The regulations are effective on and after the date that

Chapter 13 of the Acts of 2001, the Veterinary Medical Act is proclaimed in force. Dated and signed at Halifax, Nova Scotia, March 8, 2005. Nova Scotia Veterinary Medical Association Council Per: Sgd. Dr. K. Lamey Dr. Kathrine Lamey, President

N.S. Reg. 37/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 © NS Registry of Regulations. Web version. 161 Regulations Respecting Veterinary Medicine made by the Council of the Nova Scotia Veterinary Medical Association pursuant to

Section 6 of

Chapter 13 of the Acts of 2001, the Veterinary Medical Act

Interpretation Citation 1 These regulations may be cited as the Veterinary Medical Regulations.

Definitions 2( 1 ) In these regulations, (a) “accredited facility” means a facility that holds a current accreditation certificate or an interim accreditation certificate; (b) “Act” means the Veterinary Medical Act; (c) “corporate permit” means a permit issued by the Registrar or Council under the Act and these regulations that allows a corporation to carry on the practice of veterinary medicine in the Province; (d) “emergency” means a situation in which an illness or injury occurs to an animal that requires immediate veterinary attention; (e) “large animal” means (

i) an animal that is of a species that typically resides in a farm environment as an agricultural animal, and includes horses, cattle, sheep, goats, poultry and other food and fibre-producing animals, (ii) a zoo or circus animal, or (iii) a wild animal; (f) “major surgery” means surgery in which viscera, bones or extensive areas of tissue are exposed, and includes surgery that is required when an otherwise minor surgical procedure fails and endangers the life or organ function of an animal; (g) “National Examining Board” means the National Examining Board of the Canadian Veterinary Medical Association; (h) “non-practising licence” means a non-practising licence issued under clause 11(

b) of the Act; (i) “nursing care” means assistance with or provision of diagnostic procedures in the surgical, medical and custodial care of animals; (j) “prescribed fee” means an applicable fee fixe d by the method established in the by-laws under the Act; (k) “Register” means the Register established and maintained under

Section 10 of the Act;

N.S. Reg. 37/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 162 © NS Registry of Regulations. Web version. (l) “small animal” means an animal that is of a species that typically resides as a pet in a home environment, and includes dogs, cats, small rodents and reptiles; (m) “temporary licence” means a licence issued under clause 11(

d) of the Act.

(2) The

definitions set out in the Act apply to these regulations. Registration and Licensing Continuation of membership and licences 3( 1 ) On the coming into force of the Act, the name of every person who is a member of the Association under the former Act must be entered in the Register.

(2) A general licence issued to a person under the former Act continues in effect as a general practice licence until the earliest of (

a) December 31 of the year the Act comes into force; (

b) the date that a general practice licence is issued to replace it; and (

c) the date that the licence is suspended or revoked.

(3) A general non-practising licence issued to a person under the former Act continues in effect as a non-practising licence until the earliest of (

a) December 31 of the year the Act comes into force; (

b) the date that a non-practising licence is issued to replace it; and (

c) the date that the licence is suspended or revoked.

(4) Every life membership or honorary status in the Association granted under the former Act continues as a life membership or honorary status under the Act and these regulations. Membership and licence categories 4( 1 ) The categories of membership are as follows: (

a) general practising; (

b) non-practising; (

c) life; and (

d) non-active.

(2) The categories of licence are as follows: (

a) general practice; (

b) non-practising; and (

c) temporary.

N.S. Reg. 37/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 © NS Registry of Regulations. Web version. 163 Entry on Register as member 5 An applicant is qualified to become a member of the Association and to have their name entered on the Register under subsection 10(2) of the Act, if the applicant submits a completed registration application to the Registrar on the form approved by the Registrar together with all of the following: (

a) the prescribed fee; (

b) such information as the Registrar re quires to establish that the applicant (

i) is a graduate in veterinary medicine fro m a university, college or school recognized by the Canadian Veterinary Medical Association and meets one of the following qualifications: (

A) holds a Certificate of Qualification from the National Examining Board of the Canadian Veterinary Medical Association, (

B) is a member in good standing of a veterinary medical association of another jurisdiction with comparable registration criteria as determined by Council, and is licensed or entitled to practise veterinary medicine under the law of that jurisdiction, (

C) is a member in good standing of a veterinary medical association of another province or territory that is a signatory to any agreement under the Agreement on Internal Trade that is signed by the Association and that mandates registration of the applicant in Nova Scotia, (ii) is not subject to a disciplinary finding that prohibits the applicant from engaging in the practice of veterinary medicine, (iii) has completed the examinations appr oved by Council, including an examination demonstrating knowledge of the Act, regulations and by-laws, (iv) is competent and of such character to safely and ethically engage in the practice of veterinary medicine, and (

v) if their first language is other than Englis h, has passed the Test of English as a Foreign Language or another test that Council determines, with a score determined by Council. General practice licence application 6( 1 ) A member who has not held a general practice licence in the immediately preceding calendar year may apply to the Registrar for a general practice licence by submitting a completed licence application to the Registrar on the form approved by the Registrar together with all of the following: (

a) the prescribed fee; (

b) such information as the Registrar requires to establish that the member (

i) has done one of the following: (

A) graduated in veterinary medicine in the 5 years immediately before the application from a university, college or school recognized by the Canadian Veterinary Medical Association,

N.S. Reg. 37/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 164 © NS Registry of Regulations. Web version. (

B) obtained a Certificate of Qualification from the National Examining Board in the 5 years immediately before the application, (

C) engaged in the practice of veterinary medicine for at least 1000 hours in the 5 years immediately before the application, (

D) engaged in the practice of veterinary medicine for at least 300 hours in the 12 months immediately before the application, (ii) is not subject to a disciplinary finding that prohibits the applicant from engaging in the practice of veterinary medicine, (iii) is competent and of such character to safely and ethically engage in the practice of veterinary [medicine], (iv) undertakes to engage in the practice of veterinary medicine in a professional and becoming manner and in accordance with the provisions of the Act, regulations, by-laws and any code of ethics adopted by the Association; (

c) such information as the Registrar requires to est ablish that the facility or facilities in or from which the member intends to practise are accredited facilities.

(2) A member who holds a general practice licence from another jurisdiction and who seeks to obtain a general practice licence must meet the requirements of clauses (1)(

a) and (b). General practice licence term and renewal 7( 1 ) A general practice licence is valid for the calendar year in which it is issued, unless otherwise suspended or revoked.

(2) A member may renew their general practice licence on or before the expiry date by submitting a completed renewal application to the Registrar on the form approved by the Registrar together with all of the following: (

a) the prescribed fee; (

b) such information as the Registrar requires to establish that the member has met the professional development requirements approved by resolution of Council; (

c) the information required by subclauses 6(1)(b)(ii) to (iv) and clause 6(1)(c). General practice licence entitlements 8 A member who holds a general practice licence is (

a) entitled to practise veterinary medicine in or from an accredited facility; (

b) eligible for election to Council; (

c) eligible to hold a position on a Committee appoint ed by Council and to vote at any meeting of a Committee on which they hold a position; and (

d) eligible to vote at any meeting of the Association.

N.S. Reg. 37/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 © NS Registry of Regulations. Web version. 165 Non-practising licence application 9 A member may apply to the Registrar for a non-practising licence or renewal of a non-practising licence by submitting a completed licence application to the Registrar on the form approved by the Registrar together with all of the following: (

a) the prescribed fee; (

b) such information as the Registrar requires to establish that the applicant undertakes not to engage in the practice of veterinary medicine. Non-practising licence term and renewal 10

(1) A non-practising licence is valid for the calendar year in which it is issued, unless otherwise suspended or revoked.

(2) A member may renew a non-practising licence on or before the expiry date in accordance with

Section 9. Non-practising membership entitlements 11 A member who holds a non-practising licence has all of the privileges and obligations of a member who holds a general practice licence, except that a non-practising member is not entitled to engage in the practice of veterinary medicine. Life membership 12

(1) A member becomes a life member if (

a) the member is 65 years or older; (

b) the member has been a member for 10 or more consecutive years; (

c) Council determines the member has taken an activ e interest in the affairs of the Association; (

d) the member is nominated for life membership by 3 members and Council approves the nomination; and (

e) a vote is passed at an Annual General Meeting approving the entry of the member into the life membership category.

(2) A life member is not required to pay a fee to maintain the status of life member, but must pay other prescribed fees as applicable. Life membership entitlements 13 A life member has all of the privileges and obligations of a member who holds a general practice licence, except that a life member is not permitted to engage in the practice of veterinary medicine unless the life member also holds a general practice licence. Non-active members 14

(1) A member who is not licensed in any category must be listed on the Register as a non-active member.

(2) A non-active member is (

a) not entitled to engage in the practice of veterinary medicine;

N.S. Reg. 37/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 166 © NS Registry of Regulations. Web version. (

b) not eligible for election to Council; (

c) not eligible to hold a position on a Committee approved by Council, nor to vote at a meeting of a Committee; and (

d) not eligible to vote at a meeting of the Association. Temporary licence application 15

(1) The following people may apply for a temporary licence: (

a) a member who meets all of the criteria for renewal of a general practice licence in subsection 7(2), except for the professional development requirements under clause 7(2)(b); (

b) a member who holds a general practice licence on behalf of a non-member who is a veterinarian registered in another jurisdiction and is recognized as a specialist in accordance with criteria established by resolution of Council, for purposes of examining and treating animals only at an accredited facility and within the scope of their specialty; (

c) a person intending to practise veterinary medi cine for a period no longer than 60 days at a time, if the person meets all the criteria for a general practice licence in subsection 6(1) except for the requirement to be a member of the Association.

(2) A person may apply for a temporary licence by submitting a completed licence application to the Registrar on the form approved by the Registrar together with the prescribed fee and such information as the Registrar requires to establish that the applicant meets the requirements of subsection (1). Temporary licence term and renewal 16 A temporary licence is valid for a term determined by the Registrar that is no longer than 60 days, unless renewed by the Registrar. Temporary licence restrictions 17 A person who holds a temporary licence may engage in the practice of veterinary medicine only in or from an accredited facility. Honorary status 18

(1) Honorary status may be granted by resolution of Council to a veterinarian or non-veterinarian who has rendered distinguished or valuable service to the profession of veterinary medicine.

(2) A person who is granted honorary status is entitled to such rights and privileges as granted by Council. Information on registration or licensing status 19 Anyone may request verification of a member’s registration or licensing status from the Registrar. Removal of name from Register and revocation of licence 20

(1) The Registrar must remove the name of a member from the Register if (

a) the member requests it and surrenders their membership card and any licence; (

b) the member’s name is incorrectly entered on the Register;

N.S. Reg. 37/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 © NS Registry of Regulations. Web version. 167 (

c) the Registrar is notified of the member’s death; (

d) the member fails to pay fees levied under the Act or these regulations; (

e) the member is suspended, for the term of the suspension; or (

f) the registration of the member is revoked.

(2) The Registrar must revoke a member’s licence if (

a) the member has made a request under clause (1)(a); (

b) the member’s name is incorrectly entered on their licence; (

c) the Registrar is notified of the member’s death; (

d) the member fails to pay fees levied under the Act or these regulations; or (

e) the registration of the member is revoked.

(3) The Registrar may restore a person’s name to the Register and re-issue an applicable licence to the person on (

a) application by the person; (

b) payment of the prescribed fee; and (

c) satisfaction of the applicable re quirements for registration and licensing. Corporate Permits Corporate permit application 21

(1) A corporation may apply for a corporate permit by submitting a completed permit application to the Registrar on the form approved by the Registrar together with all of the following: (

a) the prescribed fee; (

b) such information as the Registrar requires to establish that (

i) the corporation is in good standing, (ii) the name of the corporation and any business name or names used by the corporation are fit and proper names for a corporation engaged in the practice of veterinary medicine, (iii) the corporation meets the shareholding requirements of the Act, (iv) a majority of the directors and officers of the corporation hold general practice licences, and (

v) each person who will engage in the practice of veterinary medicine for and on behalf of the corporation holds a general practice licence.

N.S. Reg. 37/2006 Royal Gazette

Part II - Regulations Vol. 30, No. 5 168 © NS Registry of Regulations. Web version.

(2) The Registrar must issue a corporate permit to a corporation that meets the requirements of subsection (1).

(3) The Registrar must maintain a Register of Corporate Permits, showing the name and business address of the corporation, together with all of the following: (

a) a list of the directors and officers of the corporation; (

b) the names of the persons who hold general practice licences; (

c) the names of the persons who will engage in the practice of veterinary medicine for and on behalf of the corporation; (

d) any additional information determined by the Registrar. Corporate permit term and renewal 22

(1) A corporate permit is valid for the calendar year in which it is issued.

(2) A corporation may renew its corporate permit on or before the expiry date by submitting a completed permit application to the Registrar on the form approved by the Registrar toge

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 12/2006
Date	2006-01-01
Type	gazette
Volume / chapter	just regulations rg2 2006 mr0306
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	7ae32401b53d507e1b0f6bd9bde99663c5dec965

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