© NS Registry of Regulations. Web version. 39

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 31, No. 2 January 19, 2007 Contents Act Reg. No.

Page Civil Service Act G e n e r a l C i v i l S e r v i c e R e g u l a t i o n s – a m e n d m e n t.................................. 8 /2007 52 Farm Registration Act F a r m R e g i s t r a t i o n R e g u l a t i o n s – a m e n d m e n t .................................... 1 0 /2007 80 Income Tax Act N o v a S c o t i a C h i l d B e n e f i t R e g u l a t i o n s – a m e n d m e n t.............................. 3 /2007 45 Liquor Control Act Liquor Plebiscite Regulations ............................................... 9 / 2007 55 Municipal Government Act Proclamation of amendments to Act, S. 2, S.N.S. 2006, c. 38 ....................... 4 / 2007 46 Proclamation of amendments to Act, S. 2, S.N.S. 2006, c. 39 ....................... 5 / 2007 48 Proclamation of amendments to Act, S. 17, S.N.S. 2006, c. 40 ...................... 6 / 2007 49 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 1 / 2007 41

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 .............................. 2 /2007 43 – a m e n d m e n t ........................................................... 1 1 / 2007 80

An Act Respecting the Transfer of Assets and Liabilities of the Nova Scotia Freemasons’ Home to The Masonic Foundation of Nova Scotia Proclamation, S. 5, S.N.S. 2006, c. 54 ......................................... 7 / 2007 50

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

Part II - Regulations Vol. 31, No. 2 Correction Special Places Protection Act Abraham Lake Nature Reserve Ecological Site Designation .......................... 141/2006 82 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. 1/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 2 © NS Registry of Regulations. Web version. 41 N.S. Reg. 1/2007 Made: December 28, 2006 Filed: January 2, 2007 Prescribed Petroleum Products Prices Order dated December 28, 2006 made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

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

Section 14 of

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

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

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

Section 14 of

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

a) repeal the Order dated December 14, 2006, which prescr ibed prices for petroleum products in the Province effective on and after 12:01 a.m. on December 15, 2006; and (

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

Schedule “A”. This Order is effective on and after 12:01 a.m. on December 29, 2006. Made at Halifax, in the Halifax Regional Municipality, Nova Scotia, on December 28, 2006. Sgd.: Jamie Muir Honourable Jamie Muir Minister of Service Nova Scotia and Municipal Relations

N.S. Reg. 1/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 2 42 © NS Registry of Regulations. Web version.

Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on December 28, 2006 Table 1: Benchmark Prices for Regulated Petroleum Products (cents/litre) Regular unleaded gasoline 51.6 Mid-grade unleaded gasoline 54.6 Premium unleaded gasoline 57.6 Ultra low-sulfur diesel oil 54.2 Table 2: Wholesale Margins, Fixed Wholesale Prices, Retail Mark-ups and Retail Prices for Regulated Petroleum Products (cents/litre) Retail Mark-up Retail Price (includes all taxes) Self-Service Full-Service S elf-Service Full-Service Fixed Wholesale Price (excludes GST) Min Max Min Max Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 83.4 86.4 89.4 79.9 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 7.5 7.5 7.5 7.5 99.6 103.1 106.5 95.6 101.3 104.8 108.2 97.4 99.6 103.1 106.5 95.6 103.6 107.0 110.5 99.6 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 83.8 86.8 89.8 80.3 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 7.5 7.5 7.5 7.5 100.1 103.5 106.9 96.1 101.8 105.2 108.6 97.8 100.1 103.5 106.9 96.1 104.1 107.5 110.9 100.1 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 84.3 87.3 90.3 80.8 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 7.5 7.5 7.5 7.5 100.7 104.1 107.5 96.7 102.4 105.8 109.2 98.4 100.7 104.1 107.5 96.7 104.7 108.1 111.5 100.7 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 84.3 87.3 90.3 80.8 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 7.5 7.5 7.5 7.5 100.7 104.1 107.5 96.7 102.4 105.8 109.2 98.4 100.7 104.1 107.5 96.7 104.7 108.1 111.5 100.7 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 84.3 87.3 90.3 80.8 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 7.5 7.5 7.5 7.5 100.7 104.1 107.5 96.7 102.4 105.8 109.2 98.4 100.7 104.1 107.5 96.7 104.7 108.1 111.5 100.7 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 85.1 88.1 91.1 81.6 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 7.5 7.5 7.5 7.5 101.6 105.0 108.4 97.6 103.3 106.7 110.1 99.3 101.6 105.0 108.4 97.6 105.6 109.0 112.4 101.6

N.S. Reg. 2/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 2 © NS Registry of Regulations. Web version. 43 N.S. Reg. 2/2007 Made: January 4, 2007 and January 5, 2007 Filed: January 8, 2007

Summary Offence Tickets Regulations Order in Council 2007-2 dated January 5, 2007 Amendment to regulations made by the Minister of Justice and 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 January 4, 2007, and pursuant to

Section 8 of

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

Summary Proceedings Act, is pleased to amend

Schedule 4–Motor Vehicle Act 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, to reflect an increase in the penalty amounts for certain speeding offences resulting from an amendment to the Motor Vehicle Act, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after January 5, 2007. Order I, Murray K. Scott, M.B., Minister of Justice and Attorney General of Nova Scotia, 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 January 4, 2007, at Halifax, Halifax Regional Municipality, Province of Nova Scotia. Sgd.: Murray Scott Honourable Murray K. Scott, M.B. Minister of Justice and Attorney General

Schedule “A” Amendment 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 1T h e

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, are amended by striking out the table in clause 5A(1)(

b) and substituting the following table: Category Offence Out of Court Settlement A first offence second offence third or subsequent offence $128.75 $157.50 $215.00

N.S. Reg. 2/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 2 44 © NS Registry of Regulations. Web version.

A (parking) first offence second offence third or subsequent offence $ 55.00 1 $ 80.001 $130.001 B first offence second offence third or subsequent offence $157.50 $215.00 $330.00 B (parking) first offence second offence third or subsequent offence $ 80.00 1 $130.001 $230.001 C first offence second offence third or subsequent offence $215.00 $330.00 $560.00 C (parking) first offence second offence third or subsequent offence $130.00 1 $230.001 $430.001 C (double)2 first offence second offence third or subsequent offence $330.00 $560.00 $1020.00 D first offence second offence third or subsequent offence $272.50 $445.00 $790.00 D (double) 2 first offence second offence third or subsequent offence $445.00 $790.00 $1480.00 E first offence second offence third or subsequent offence $330.00 $560.00 $790.00 F first offence second offence third or subsequent offence $387.50 $675.00 $1250.00 F (double) 2 first offence second offence third or subsequent offence $675.00 $1250.00 $2400.00 G first offence second offence third or subsequent offence $675.00 $1250.00 $2400.00 H first offence second offence third or subsequent offence $1250.00 $2400.00 $5850.00 I first offence second offence third or subsequent offence $1250.00 $2400.00 $4700.00

N.S. Reg. 2/2007 - 3/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 2 © NS Registry of Regulations. Web version. 45 J first offence second offence third or subsequent offence $1825.00 $2975.00 $5850.00 1 The amount to be paid for out of court settlement of a parking offence is reduced by $30 if it is paid during the first 60 days after the ticket is issued. 2 “Double” indicates that the penalty prescribed for the offence is set at double the usual penalty for the category letter. 2

Schedule 4–Motor Vehicle Act of the regulations is amended by repealing item 127 and substituting the following item: 127 Driving at speed that exceeds maximum rate of speed in school area 103(1) D (double) 3

Schedule 4 of the regulations is further amende d by repealing items 130 to 132 and substituting the following items: 130 Driving at speed that exceeds posted speed limit or other maximum speed limit in Act by 1 to 15 km/h, inclusive, in other than temporary work area 106A(

a) C 130A. Driving at speed that exceeds posted speed limit or other maximum speed limit in Act by 1 to 15 km/h, inclusive, on portion of highway designated as temporary work area 106A(

a) C (double) 131 Driving at speed that exceeds posted speed limit or other maximum speed limit in Act by 16 to 30 km/h, inclusive, in other than temporary work area 106A(

b) D 131A. Driving at speed that exceeds posted speed limit or other maximum speed limit in Act by 16 to 30 km/h, inclusive, on portion of highway designated as temporary work area 106A(

b) D (double) 132 Driving at speed that exceeds posted speed limit or other maximum speed limit in Act by 31 km/h or more in other than temporary work area 106A(

c) F 132A. Driving at speed that exceeds posted speed limit or other maximum speed limit in Act by 31 km/h or more on portion of highway designated as temporary work area 106A(

c) F (double) N.S. Reg. 3/2007 Made: January 9, 2007 Filed: January 9, 2007 Nova Scotia Child Benefit Regulations Order in Council 2007-6 dated January 9, 2007 Amendment to regulations made by the Governor in Council pursuant to

Section 80 of the Income Tax Act The Governor in Council on the report and recommendation of the Minister of Finance dated December 12, 2006, and pursuant to

Section 80 of

Chapter 217 of the Revised Statutes of Nova Scotia, 1989, the Income Tax Act, is pleased to amend the Nova Scotia Child Benefit Regulations, N.S. Reg. 62/98, to change the method of

N.S. Reg. 3/2007 - 4/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 2 46 © NS Registry of Regulations. Web version. calculating adjusted income as a result of the Universal Child Care Benefit and to make the regulations consistent with federal legislation and practice in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after January 9, 2007.

Schedule “A” Amendment to the Nova Scotia Child Benefit Regulations made by the Governor in Council pursuant to

Section 80 of

Chapter 217 of the Revised Statutes of Nova Scotia, 1989, the Income Tax Act Clause 2(

b) of the Nova Scotia Child Benefit Regulations, N.S. Reg. 62/98, made by the Governor in Council by Order in Council 1998-430 dated August 28, 1998, is repealed and the following clause substituted: (b) “adjusted income” of an individual for a taxation year means the combined total income for the year of the individual and of the person who was the individual’s cohabiting spouse or common-law partner at the end of the year, calculated as if (

i) no amount were included under sub

section 56(6) of the Federal Act, (ii) no amount were included in respect of a gain from a disposition of property to which

Section 79 of the Federal Act applies, and (iii) no amount were deductible under pa ragraph 60(

y) of the Federal Act; N.S. Reg. 4/2007 Made: January 9, 2007 Filed: January 9, 2007 Proclamation, S. 2, S.N.S. 2006, c. 38 Order in Council 2007-7 dated January 9, 2007 Proclamation made by the Governor in Council pursuant to

Section 2 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 December 14, 2006, pursuant to

Section 2 of

Chapter 38 of the Acts of 2006,

An Act to Amend

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

Chapter 38 of the Acts of 2006,

An Act to Amend

Chapter 18 of the Acts of 1998, the Municipal Government Act, do come into force on and not before January 9, 2007, with effect on and after April 1, 2006. PROVINCE OF NOVA SCOTIA sgd: Mayann E. Francis 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.

N.S. Reg. 4/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 2 © NS Registry of Regulations. Web version. 47 TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 2 of

Chapter 38 of the Acts of 2006,

An Act to Amend

Chapter 18 of the Acts of 1998, the Municipal Government Act, it is enacted as follows: 2 This Act has effect on and after April 1, 2006, upon the Governor in Council so ordering and declaring by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 38 of the Acts of 2006,

An Act to Amend

Chapter 18 of the Acts of 1998, the Municipal Government Act, do come into force on and not before January 9, 2007, with effect on and after 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 38 of the Acts of 2006,

An Act to Amend

Chapter 18 of the Acts of 1998, the Municipal Government Act, do come into force on and not before January 9, 2007, with effect on and after 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 Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia.

AT Our Government House in the Halifax Regional Municipality, this 9th day of January in the year of Our Lord two thousand and seven and in the fifty-fifth year of Our Reign. BY COMMAND: sgd: Murray K. Scott Provincial Secretary Minister of Justice and Attorney General

N.S. Reg. 5/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 2 48 © NS Registry of Regulations. Web version. N.S. Reg. 5/2007 Made: January 9, 2007 Filed: January 9, 2007 Proclamation, S. 2, S.N.S. 2006, c. 39 Order in Council 2007-8 dated January 9, 2007 Proclamation made by the Governor in Council pursuant to

Section 2 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 December 14, 2006, pursuant to

Section 2 of

Chapter 39 of the Acts of 2006,

An Act to Amend

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

Chapter 39 of the Acts of 2006,

An Act to Amend

Chapter 18 of the Acts of 1998, the Municipal Government Act, do come into force on and not before January 9, 2007, with effect on and after April 1, 2006. PROVINCE OF NOVA SCOTIA sgd: Mayann E. Francis 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, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 2 of

Chapter 39 of the Acts of 2006,

An Act to Amend

Chapter 18 of the Acts of 1998, the Municipal Government Act, it is enacted as follows: 2 This Act has effect on and after April 1, 2006, upon the Governor in Council so ordering and declaring by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 39 of the Acts of 2006,

An Act to Amend

Chapter 18 of the Acts of 1998, the Municipal Government Act, do come into force on and not before January 9, 2007, with effect on and after 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 39 of the Acts of 2006,

An Act to Amend

Chapter 18 of the Acts of 1998, the Municipal Government Act, do come into force on and not before January 9, 2007, with effect on and after 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 Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia.

N.S. Reg. 5/2007 - 6/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 2 © NS Registry of Regulations. Web version. 49 AT Our Government House in the Halifax Regional Municipality, this 9th day of January in the year of Our Lord two thousand and seven and in the fifty-fifth year of Our Reign. BY COMMAND: sgd: Murray K. Scott Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 6/2007 Made: January 9, 2007 Filed: January 9, 2007 Proclamation, S. 17, S.N.S. 2006, c. 40 Order in Council 2007-9 dated January 9, 2007 Proclamation made by the Governor in Council pursuant to

Section 17 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 December 14, 2006, pursuant to

Section 17 of

Chapter 40 of the Acts of 2006,

An Act to Amend

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

Chapter 40 of the Acts of 2006,

An Act to Amend

Chapter 18 of the Acts of 1998, the Municipal Government Act, do come into force on and not before January 9, 2007, with

Section 5 effective on and after April 1, 2006. PROVINCE OF NOVA SCOTIA sgd: Mayann E. Francis 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, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 17 of

Chapter 40 of the Acts of 2006,

An Act to Amend

Chapter 18 of the Acts of 1998, the Municipal Government Act, it is enacted as follows: 17

(1) Subject to subsection (2), this Act comes into force on such day as the Governor in Council orders and declares by proclamation.

(2) Section 5 has effect on and after April 1, 2006, upon the Governor in Council so ordering and declaring by proclamation.

N.S. Reg. 6/2007 - 7/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 2 50 © NS Registry of Regulations. Web version. AND

WHEREAS it is deemed expedient that

Chapter 40 of the Acts of 2006,

An Act to Amend

Chapter 18 of the Acts of 1998, the Municipal Government Act, do come into force on and not before January 9, 2007, with

Section 5 effective on and after 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 2006,

An Act to Amend

Chapter 18 of the Acts of 1998, the Municipal Government Act, do come into force on and not before January 9, 2007, with

Section 5 effective on and after 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 Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia. AT Our Government House in the Halifax Regional Municipality, this 9th day of January in the year of Our Lord two thousand and seven and in the fifty-fifth year of Our Reign. BY COMMAND: sgd: Murray K.

Scott Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 7/2007 Made: January 9, 2007 Filed: January 9, 2007 Proclamation, S. 5, S.N.S. 2006, c. 54 Order in Council 2007-10 dated January 9, 2007 Proclamation made by the Governor in Council pursuant to

Section 5 of

An Act Respecting the Transfer of Assets and Liabilities of the Nova Scotia Freemasons’ Home to The Masonic Foundation of Nova Scotia The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated December 19, 2006, pursuant to

Section 5 of

Chapter 54 of the Acts of 2006,

An Act Respecting the Transfer of Assets and Liabilities of the Nova Scotia Freemasons’ Home to The Masonic Foundation of Nova Scotia, is pleased to order and declare by proclamation that

Chapter 54 of the Acts of 2006,

An Act Respecting the Transfer of Assets and Liabilities of the Nova Scotia Freemasons’ Home to The Masonic Foundation of Nova Scotia, do come into force on and not before January 9, 2007.

N.S. Reg. 7/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 2 © NS Registry of Regulations. Web version. 51 PROVINCE OF NOVA SCOTIA sgd: Mayann E. Francis 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, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 5 of

Chapter 54 of the Acts of 2006,

An Act Respecting the Transfer of Assets and Liabilities of the Nova Scotia Freemasons’ Home to The Masonic Foundation of Nova Scotia, 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 54 of the Acts of 2006,

An Act Respecting the Transfer of Assets and Liabilities of the Nova Scotia Freemasons’ Home to The Masonic Foundation of Nova Scotia, do come into force on and not before January 9, 2007; 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 54 of the Acts of 2006,

An Act Respecting the Transfer of Assets and Liabilities of the Nova Scotia Freemasons’ Home to The Masonic Foundation of Nova Scotia, do come into force on and not before January 9, 2007 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 Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia.

AT Our Government House in the Halifax Regional Municipality, this 9th day of January in the year of Our Lord two thousand and seven and in the fifty-fifth year of Our Reign. BY COMMAND: sgd: Murray K. Scott Provincial Secretary Minister of Justice and Attorney General

N.S. Reg. 8/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 2 52 © NS Registry of Regulations. Web version. N.S. Reg. 8/2007 Made: November 30, 2006 Approved: January 9, 2007 Filed: January 9, 2007 General Civil Service Regulations Order in Council 2007-11 dated January 9, 2007 Amendment to regulations made by the Public Service Commission and approved by the Governor in Council pursuant to

Section 45 of the Civil Service Act The Governor in Council on the report and recommendation of the Minister of Human Resources dated November 30, 2006, and pursuant to

Section 45 of

Chapter 70 of the Revised Statutes of Nova Scotia, 1989, the Civil Service Act, is pleased to approve of amendments made by the Public Service Commission to the general regulations respecting the civil service, N.S. Reg. 20/81, made by the Civil Service Commission and approved by the Governor in Council by Order in Council 81-268 dated March 3, 1981, to ensure consistency in the benefits available to non-bargaining and bargaining unit employees following the conclusion of the most recent Civil Service Master Agreement, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after January 9, 2007.

Schedule “A” Amendment to the General Regulations Respecting the Civil Service made pursuant to

Section 45 of

Chapter 70 of the Revised Statutes of Nova Scotia, 1989, the Civil Service Act The Public Service Commission, pursuant to

Section 45 of

Chapter 70 of the Revised Statutes of Nova Scotia, 1989, the Civil Service Act, hereby amends the general civil service regulations, N.S Reg. 20/81, made by the Civil Service Commission and approved by the Governor in Council by Order in Council 81-268 dated March 3, 1981, as set out below. Dated at Halifax, Nova Scotia, November 30, 2006. Sgd.: Ernest L. Fage Honourable Ernest L. Fage Minister of Human Resources 1 (1) Subsection 73(1) of the general civil service regula tions, N.S.

Reg. 20/81, made by the Civil Service Commission and approved by the Governor in Council by Order in Council 81-268 dated March 3, 1981, is amended by striking out “who has been employed for more than 12 continuous months”.

(2) Subsection 73(2A) of the regulations is am ended by striking out “has completed 12 months continuous employment and”. (3) Subsection 73(9) of the regulations is re pealed and the following subsection substituted:

(9) Effective April 5, 2006, an employee who is entitled to pregnancy leave and who provides the Deputy Head with proof that she has applied for and is eligible to receive employment insurance (EI) benefits pursuant to the Employment Insurance Act (Canada) shall be paid an allowance in accordance with the Supplementary Employment Benefits (S.E.B.) Plan, as follows:

N.S. Reg. 8/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 2 © NS Registry of Regulations. Web version. 53 (

a) if the employee is subject to a waiting period of 2 weeks before receiving EI, payments equivalent to 75% of her weekly rate of pay for each week of the 2-week waiting period, less any other income earned by the employee during the 2-week benefit period; (

b) for up to a maximum of 5 additional week s, payments equivalent to the difference between the weekly EI benefits the employee is eligible to receive and 93% of her weekly rate of pay, less any other income earned by the employee during the additional benefit period that may result in a decrease in the employee’s EI benefits.

(4) Section 73 of the regulations is further amende d by adding the following subsections immediately after subsection (9):

(10) In calculating a pregnancy leave allowance, an employee’s weekly rate of pay is 1/2 the bi-weekly rate of pay to which the employee is entitled for her classification on the day immediately preceding the commencement of her pregnancy leave and, for a part-time employee, the weekly rate of pay is multiplied by the fraction obtained from dividing the employee’s time worked, as defined for the purposes of accumulating service, averaged over the preceding 26 weeks by the regularly scheduled full-time hours of work for the employee’s classification.

(11) If an employee becomes eligible for a salary increment or pay increase while she is receiving a pregnancy leave allowance, payments under the S.E.B. Plan shall be adjusted accordingly.

(12) The employer shall not reimburse an employee who is on pregnancy leave for any amount she is required to remit to the federal Department of Human Resources [and Social] Development if her annual income exceeds 1½ times the maximum yearly insurable earnings under the Employment Insurance Act (Canada).

(13) An employee who is entitled to the 7-weeks’ pregnancy leave allowance under this

Section may also be eligible for parental leave allowance under

Section 74A. 2 Subsection 73A(1) of the regulations is amende d by striking out “who has completed 12 months continuous employment and”. 3

(1) Subsection 74(1A) of the regulations is ame nded by striking out “who has completed 12 months continuous employment and”.

(2) Subsection 74(1C) of the regulations is re pealed and the following subsection substituted: (1C) An employee’s adoption leave shall begin on a date coinciding with or after the date the adopted child or children arrive in the employee’s home and shall end no later than 52 weeks after the date the adopted child or children first arrive in the employee’s home.

(3) Subsections 74(3D) to (3G) of the regulations are repealed. 4 The regulations are further amended by adding the following

Section immediately after

Section 74: 74A

(1) Effective April 5, 2006, an employee who is entitled to parental or adoption leave under

Section 73A or 74 and who provides the Deputy Head with proof that the employee has applied for and is eligible to receive employment insurance (EI) benefits pursuant to the Employment Insurance Act (Canada) shall be paid an allowance in accordance with the Supplementary Employment Benefit (S.E.B.) Plan, as follows:

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a) if the employee is subject to a waiting peri od of 2 weeks before receiving EI benefits, payments equivalent to 75% of the employee’s weekly rate of pay for each week of the 2-week waiting period, less any other income earned by the employee during the 2-week benefit period; (

b) for up to a maximum of 10 additional week s, payments equivalent to the difference between the weekly EI benefits the employee is eligible to receive and 93% of the employee’s weekly rate of pay, less any other income earned by the employee during the additional benefit period that may result in a decrease in the employee’s EI benefits.

(2) In calculating a parental or adoption leave allowance, an employee’s weekly rate of pay is 1/2 the bi-weekly rate of pay to which the employee is entitled for the employee’s classification on the day immediately preceding the commencement of the parental or adoption leave and, for a part-time employee, the weekly rate of pay is multiplied by the fraction obtained from dividing the employee’s time worked, as defined for the purposes of accumulating service, averaged over the preceding 26 weeks by the regularly scheduled full-time hours of work for the employee’s classification.

(3) If an employee becomes eligible for a salary increment or pay increase while the employee is receiving a parental or adoption leave allowance, payments under the S.E.B. Plan shall be adjusted accordingly.

(4) The employer shall not reimburse an employee who is on parental or adoption leave for any amount the employee is required to remit to the federal Department of Human Resources [and Social] Development if the employee’s normal income exceeds 1½ times the maximum yearly insurable earnings under the Employment Insurance Act (Canada).

(5) If both parents are eligible for parental or adoption leave under

Section 73A or 74, the allowance under this

Section is available only to one of those parents at one time. 5 (1) Subsection 79(2) of the regulations is am ended by adding “daughter-in-law, son-in-law,” immediately before “stepchild”. (2) Subsection 79(3) of the regulations is repealed. (3) Subsection 79(4) of the regulations is re pealed and the following subsection substituted:

(4) Every employee is entitled to special leave with pay up to a maximum of 1 day, and may be granted special leave with pay up to a maximum of 2 additional days for travel, if one of the following persons dies: (

a) the employee’s brother-in-law, sister-in-law, aunt, uncle, niece, nephew or foster parent; (

b) a grandparent of the employee’s spouse. 6 (1) Subsection 90(7) of the regulations is re pealed and the following subsection substituted:

(7) When an employee’s layoff status expires or, if an employee who has received a layoff notice resigns from employment, when the employee resigns, the employer shall pay the employee a severance allowance equivalent to 3 weeks’ pay for every year of service by the employee.

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(2) Section 90 of the regulations is further amende d by adding the following subsections immediately after subsection (7): (7A) The amount of an employee’s severance allowance shall be equivalent to at least 4 weeks’ pay and no more than 52 weeks’ pay. (7B) In calculating an employee’s severance allowance, the payment for a partial year of service is prorated on the basis of the number of months of service by the employee in that year. N.S.

Reg. 9/2007 Made: December 15, 2006 Approved: January 9, 2007 Filed: January 9, 2007 Liquor Plebiscite Regulations Order in Council 2007-12 dated January 9, 2007 Regulations made by the Nova Scotia Liquor Corporation and approved by the Governor in Council pursuant to

Section 15 and subsection 43(10) of the Liquor Control Act The Governor in Council on the report and recommendation of the Minister responsible for the Liquor Control Act dated December 19, 2006, and pursuant to

Section 15 and subsection 43(10) of

Chapter 260 of the Revised Statutes of Nova Scotia, 1989, the Liquor Control Act, is pleased, effective on and after January 9, 2007, to approve of (

a) the repeal by the Nova Sc otia Liquor Corporation of the Liquor Plebiscite Regulations, N.S. Reg. 90/87, made by the Nova Scotia Liquor Commission and the Nova Scotia Liquor License Board on October 14 and 24, 1986, and approved by the Governor in Council by Order in Council 87-512 dated April 22, 1987; and (

b) new regulations respecting liquor plebiscites made by the Nova Scotia Liquor Corporation in the form set forth in

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

Schedule “A” I certify that on December 15, 2006, the Nova Scotia Liquor Corporation Corporation , pursuant to

Section 15 and subsection 43(10) of the Liquor Control Act, (

a) repealed the Liquor Plebiscite Regulations, N.S. Reg. 90/87, made by the Nova Scotia Liquor Commission and the Nova Scotia Liquor License Board on October 14 and 24, 1986, and approved by the Governor in Council by Order in Council 87-512 dated April 22, 1987; and (

b) made new regulations respecting liquor plebiscites in the form attached. The repeal and replacement of the Liquor Plebiscite Regulations is effective on and after approval by the Governor in Council.

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Part II - Regulations Vol. 31, No. 2 56 © NS Registry of Regulations. Web version. Dated and signed at Halifax, Nova Scotia, December 15, 2006. Sgd.: Gregory Beaulieu Nova Scotia Liquor Corporation Gregory Beaulieu [name] Corporate Secretary [title] Nova Scotia Liquor Cor Regulations Respecting Liquor Plebiscites made under subsection 43(10) of

Chapter 260 of the Revised Statutes of Nova Scotia, 1989, the Liquor Control Act Citation 1 These regulations may be cited as the Liquor Plebiscite Regulations.

Definitions 2 In these regulations, (a) “Act” means the Liquor Control Act; (b) “elector” means a person entitled to vote in a plebiscite; (c) “official list of electors” means the most current list of electors for a polling division prepared and certified by the returning officer following revision and including those electors and their particulars added or changed during revision; (d) “ordinarily resident” means ordinarily resident as defined in

Section 31 of the Elections Act; (e) “ordinary polling day” means the day fixed by the Chief Electoral Officer for holding the poll for a plebiscite; (f) “plebiscite area” means one of the following: (

i) a voting area designated by the Nova Sco tia Liquor Corporation or the Chief Electoral Officer, (ii) a licensing area designated by the Alcohol and Gaming Division of the Department of Environment and Labour; (g) “plebiscite officer” means any one of the of the following appointed under these regulations: (

i) a returning officer, (ii) an enumerator, (iii) a deputy returning officer, (iv) a poll clerk, (

v) a revising agent;

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Part II - Regulations Vol. 31, No. 2 © NS Registry of Regulations. Web version. 57 (h) “polling division” means either the plebiscite area or a subdivision of the plebiscite area fixed by the returning officer; (i) “polling station” means a place for voting est ablished in accordance with these regulations; (j) “question” means the question at issue in a plebiscite; (k) “voter” means a person who has voted in a plebiscite. General supervision of plebiscite 3( 1 ) The Chief Electoral Officer has general supervision of a plebiscite.

(2) The Assistant Chief Electoral Officer must perform the duties of the Chief Electoral Officer under these regulations if any of the following occurs: (

a) the Chief Electoral Officer is absent or ill; (

b) the Chief Electoral Officer fails to perform the duties assigned to the Chief Electoral Officer under these regulations; (

c) the office of Chief Electoral Officer is vacant. Power and duties of Chief Elector Officer 4( 1 ) The Chief Electoral Officer must do all of the following: (

a) exercise general direction and supe rvision over the conduct of plebiscites; (

b) ensure that all plebiscite officers act with fairness and impartiality and in compliance with these regulations; (

c) give plebiscite officers any instructions that the Chief Electoral Officer considers necessary to ensure that a plebiscite is conducted in accordance with these regulations; (

d) prescribe forms for conducting a plebiscite; (

e) perform such other duties as are prescribed by these regulations.

(2) The Chief Electoral Officer may do any of the following: (

a) extend the time for doing anything under these regulations except the hour set for the opening or closing of a polling station; (

b) increase the number of plebiscite officers; (

c) change the number of polling stations; (

d) adapt these regulations to existing circumstances. Letter instituting plebiscite 5( 1 ) Before instituting a plebiscite, the Chief Electoral officer must do both of the following:

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a) fix a date as the ordinary polling day for the plebiscite, which is a Tuesday at least 30 days after the date of the letter issued under subsection (2); (

b) appoint a returning officer for the plebiscite.

(2) The Chief Electoral Officer must institute a plebiscite by issuing a letter that (

a) states the date of the ordinary polling day fixed by the Chief Electoral Officer; and (

b) states the name of the person appointed as the returning officer for the plebiscite. Plebiscite withdrawn 6 If the Chief Electoral Officer considers it impossible to hold a plebiscite on the day fixed as the ordinary polling day for a plebiscite, the Chief Electoral Officer may order that the letter instituting the plebiscite be withdrawn and issue a new letter in accordance with

Section 5. General duties of returning officer 7 A returning officer is responsible for the administrative conduct of a plebiscite under the supervision of the Chief Electoral Officer, except that the Chief Electoral Officer must arrange for all required newspaper advertising. Removing returning officer from office 8 The Chief Electoral Officer may remove a returning officer from office if the Chief Electoral Officer is satisfied that the returning officer has done any of the following: (

a) refused, neglected or was unable to perform the duties of their office; (

b) failed to satisfactorily perform the duties of their office; (

c) engaged in partisan political activities about the question. Replacement returning officer 9( 1 ) If a returning officer resigns or is removed, the Chief Electoral Officer may appoint another person to act as returning officer.

(2) A replacement returning officer may act under the letter issued under

Section 5 as if the letter had been addressed to them. Returning officer’s oath of office 10 A returning officer must complete an oath of office in the prescribed form and send it to the Chief Electoral Officer before beginning their duties. Plebiscite supplies 11 The Chief Electoral Officer must arrange for a returning officer to receive appropriate forms, materials, supplies and equipment to enable the returning officer to conduct a plebiscite. First public notice 12 After the returning officer is appointed, the Chief Electoral Officer must publish a notice about the plebiscite that includes all of the following information: (

a) a description of the plebiscite area;

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b) the date of the plebiscite; (

c) how members of the public may contact the returning officer. Polling divisions 13 With the approval of the Chief Electoral Officer, a returning officer may divide the plebiscite area into more than one polling division to more conveniently conduct the plebiscite. Who may vote 14 A person may be included on the list of electors for a polling division if the person meets all of the following criteria: (

a) the person is 19 years of age, or will be 19 years of age by ordinary polling day; (

b) the person is a Canadian citizen; (

c) the person has been ordinarily resident in the plebiscite area for the 6 months immediately before the date of the letter instituting the plebiscite. Place of voting 15 Except as otherwise provided in these Regulations, an elector who votes in a plebiscite must vote in the polling division of the plebiscite area where the elector ordinarily resides on the day the elector votes. Preparing list of electors 16 The Chief Electoral Officer must determine how the list of electors for each polling division is to be prepared and may choose any of the following methods: (

a) preparing the list of electors using enumeration or confirmation, or both; (

b) preparing the list of electors using the list of electors used in the most recent Provincial or municipal election including the name of each elector who registered to vote on polling day; (

c) preparing the list of electors using any source, or combination of sources, that the Chief Electoral Officer considers advisable. Appointing enumerators 17

(1) If electors are to be enumerated, a returning officer must appoint 2 enumerators for each polling division in the plebiscite area no later than the date set by the Chief Electoral Officer for enumeration to begin.

(2) A group or organization that is for or against the question may nominate persons to be enumerators. Replacement of enumerator 18

(1) A returning officer may, for cause, dismiss an enumerator.

(2) A returning officer may appoint a replacement enumerator in the place of one who dies, resigns or is dismissed.

(3) An enumerator who resigns or is dismissed must immediately return their enumeration materials as directed by the returning officer.

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(1) The 2 enumerators appointed for a polling division must act jointly and not individually in enumerating and confirming electors’ qualifications and completing the index sheets.

(2) Enumerators must report the details of any disagreement between them about the enumeration to the returning officer.

(3) The returning officer must settle any disagreement reported to them and communicate the decision to the enumerators.

(4) The enumerators are bound by the decision of the returning officer. Enumeration and confirmation procedure 20

(1) Beginning and ending on the dates set by the Chief Electoral Officer, the 2 enumerators appointed for a polling division must together obtain the name, particulars and address of every person qualified to be included on the list of electors for the polling division, or confirm or correct the information.

(2) Except when it is not practical to do so because of distance, or the enumerators are satisfied that there are no electors ordinarily resident there that are not included on the list of electors, the enumerators perform their duties under subsection (1) by visiting each dwelling place at least twice as follows: (

a) once between 9 a.m. and 6 p.m.; and (

b) once between 7 p.m. and 10 p.m.

(3) If the enumerators are unable to obtain the names, particulars and addresses by visiting the dwelling places, they may obtain the information from any other reliable sources that the returning officer considers satisfactory.

(4) If the enumerators are not able to communicate with a person at the dwelling place and obtain the names, particulars and addresses of the electors ordinarily residing at the dwelling place, the enumerators must leave a notification card in the form prescribed by the Chief Electoral Officer.

(5) In areas where it is not practical to visit each dwelling place because of distances, the enumerators may obtain or confirm the names, particulars and addresses from any reliable sources of information that the returning officer considers satisfactory. Preparing index sheets 21 The enumerators must record, correct or confirm the names, particulars and addresses of the electors in the polling division for which they are appointed on index sheets prescribed by the Chief Electoral Officer in the manner prescribed by the Chief Electoral Officer. Correcting index sheets 22 A returning officer may do any of the following to correct the index sheets: (

a) personally correct any mistakes that have been made; (

b) direct enumerators to repeat any of the enumerating work that is necessary.

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(1) A returning officer must arrange for a list of electors to be produced in hard copy and, if possible, in electronic format, for each polling division in a plebiscite area.

(2) A returning officer must send each elector on the list of electors a notification card in the form prescribed by the Chief Electoral Officer that indicates the date, location and times of the advance and ordinary polls, and of the revision of the list.

(3) A returning officer may provide a representative of any group that has identified itself as campaigning for or against the question with 1 or more copies of the list of electors, in hard copy or electronic format, if the representative first signs a declaration in the form prescribed by the Chief Electoral Officer confirming that the representative will comply with the requirements set out in subsection (4).

(4) A person who receives a copy of the list of electors under subsection (3) must use it only for the purpose of the plebiscite and must return it and all copies made of it to the returning officer before 5 p.m. on the day immediately after ordinary polling day.

(5) A person who receives a copy of the list of electors under subsection (3) must not provide it, or any copy made of it, to another person unless that person first completes a declaration in the form prescribed by the Chief Electoral Officer confirming that the person will comply with the requirements set out in subsection (4). Revising agents 24

(1) If a returning officer becomes aware that a substantial number of electors are omitted from or incorrectly described on a list of electors for a polling division after the lists of electors have been produced in hard copy, the returning officer may appoint 1 or more pairs of revising agents to revise the list to include any electors omitted from or incorrectly described.

(2) Revising agents must report the changes made to a list of electors to the returning officer as directed by the returning officer. Time and place for revising list of electors 25

(1) A returning officer must revise the list of electors on the dates and during the times fixed by the Chief Electoral Officer.

(2) The Chief Electoral Officer must advertise when and where in the plebiscite area the list of electors will be revised. Procedure for changing list of electors 26

(1) A returning officer must use the prescribed forms for adding, changing or deleting names from a list of electors.

(2) A returning officer must not delete a name from the list of electors unless the returning officer is satisfied that the person is not qualified as an elector. Statement of changes and additions 27 When the revision is complete, a returning officer must do all of the following: (

a) prepare a statement of changes and additions for each polling station; (

b) make a copy of each statement available for public inspection at all reasonable times.

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Part II - Regulations Vol. 31, No. 2 62 © NS Registry of Regulations. Web version. Official list of electors 28 A returning officer must certify the revised list of electors for each polling division following the revision as the official list of electors for the polling division. Hours for ordinary poll 29 On ordinary polling day, the polling stations must be open for voting from 8 a.m. until 7 p.m.

Deputy returning officer and poll clerk appointed for each polling station 30 No later than Monday, the 8th day before ordinary polling day, the returning officer must appoint a deputy returning officer and a poll clerk for each polling station in the plebiscite area. Replacement of deputy returning officer or poll clerk 31

(1) A returning officer may, for cause, dismiss and replace a deputy returning officer or poll clerk.

(2) A returning officer may appoint a deputy returning officer or poll clerk in the place of one who dies, resigns or is dismissed.

(3) A deputy returning officer or poll clerk who resigns or is dismissed must return their election materials to the person designated in writing by the returning officer. Poll clerk must act as deputy returning officer 32 A poll clerk must act as the deputy returning officer if a deputy returning officer dies, resigns, is dismissed or fails to act and another person has not been appointed as a replacement. Names of officials public 33 A returning officer must make a list of the names of all the deputy returning officers and poll clerks they have appointed available for public inspection at all reasonable times. Ballot boxes and papers 34

(1) The Chief Electoral Officer must provide suitable ballot boxes to a returning officer to conduct a plebiscite.

(2) A returning officer must arrange for the all ballot papers to be printed.

(3) All ballot papers must meet the following criteria: (

a) they must be in the form prescribed by the Chief Electoral Officer; (

b) they must be of the same description and as nearly alike as possible; (

c) they must have the date of ordi nary polling day printed on the back. Materials supplied to deputy returning officer 35

(1) No later than noon on Monday, the day before ordinary polling day, a returning officer must supply the deputy returning officer at each polling station with all of the following: (

a) enough ballot papers for the polling station; (

b) a statement showing the serial numbers of the ballot papers that are supplied; (

c) a copy of the instructions for deputy retu rning officers prescribed by the Chief Electoral Officer;

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d) all of the following, in consolidated form, if possible: (

i) the official list of electors for the polling station, (ii) the statement of changes and additions to the list of electors for that polling station, (ii) the list of electors whose names are included on the list of electors for that polling station who voted at the advance poll; (

e) copies of transfer certificates or proxy papers that have been issued for the polling station; (

f) a ballot box and all necessary seals; (

g) a poll book; (

h) any materials or supplies authorized or supplied by the Chief Electoral Officer.

(2) The deputy returning officer is responsible for the safe custody of all materials supplied to them under this

Section while the materials are in their possession. Polling station locations 36

(1) No later than Wednesday, the 27th day before ordinary polling day, a returning officer must designate and secure suitable premises for each polling station in the plebiscite area.

(2) If a returning officer considers it impractical to hold a poll in the place first designated, the polling station must be relocated to another place located as close as possible to the original polling station, and the returning officer must post a notice at or near the original polling station that states the new location of the polling station. Central polls with more than one poll 37 Each polling station that is located in the same premises as another must be uniquely identified so that electors will know which polling station to go to. Agents for interested groups 38

(1) A group of persons who are for or against the question may nominate persons to act as agents for the group and may have 1 agent at each polling station in the plebiscite area.

(2) Subject to subsection (3), a returning officer must appoint each person nominated as an agent and must specify at which polling station the agent may act.

(3) If 2 or more groups of persons nominate agents to represent 1 side of the question, a returning officer may decide which of the groups’ nominees to appoint as agents.

(4) An agent may leave and return to a polling station while the polling station is open for voting, but only 1 agent for each side of the question may remain in the polling station while the polling station is open for voting.

(5) Before an agent is permitted to remain at a polling station, the agent must show the statement of their appointment and take the applicable oath set out in the poll book. Persons present at polling station 39 Only the following persons are permitted to be in the polling station while the poll is open for voting:

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a) the returning officer; (

b) the deputy returning officer; (

c) the poll clerk; (

d) an elector intending to vote there; (e) 2 agents appointed by the returning offi cer, 1 to represent each side of the question; (

f) the Chief Electoral Officer; (

g) any person who is present at the request of the deputy returning officer to maintain order in the polling station or to comply with the requirements of the Act or these regulations. Access to polling station by disabled person 40 A returning officer must make every reasonable effort to ensure that polling stations are located in premises that disabled persons can conveniently access. Transfer certificates 41

(1) A returning officer must, on request, issue a transfer certificate in the form prescribed by the Chief Electoral Officer to a disabled elector whose polling station is not accessible, to enable the elector to vote at a polling station that is accessible to disabled persons.

(2) A returning officer must, on request, issue a transfer certificate to a deputy returning officer or poll clerk who is appointed to act at a polling station other than the one where their name is on the list of electors.

(3) A transfer certificate may not be issued after 5 p.m. on the Saturday before ordinary polling day. Procedure to issue transfer certificate 42 When issuing a transfer certificate, a returning officer must do all of the following: (

a) complete the certificate in triplicate; (

b) consecutively number each certificate in the order they are issued; (

c) give the original certificate to the elector; (

d) send a copy of the certificate to the deputy returning officer of the polling station where the name of the person to whom the certificate has been issued is on the list of electors; and (

e) keep a copy of the certificate available for public inspection at all reasonable times. Persons who may vote by proxy and how to apply 43

(1) An elector may vote through a proxy voter in accordance with this

Section if the elector is on the list of electors and is unable to vote at a polling station because they are ill, physically disabled or will be absent from the plebiscite area during the plebiscite.

(2) A proxy paper may be issued only between the 15th day before ordinary polling day and 5 p.m. on the Saturday before ordinary polling day.

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(3) A returning officer must issue a proxy paper in the prescribed form if the person requesting the proxy paper completes an application in the prescribed form and delivers it to the returning officer, and the returning officer is satisfied that all of the following requirements are met: (

a) the applicant is an elector; (

b) one of the following is true: (

i) the applicant and proxy voter are both on the same list of electors for the polling division where the applicant is ordinarily resident, or (ii) the proxy voter is of voting age and is a child, grandchild, brother, sister, parent, grandparent, or spouse of the applicant; (

c) no other person has been issued a proxy paper to act as proxy voter for the applicant; (

d) the proxy voter is not appointed as a proxy vot er for another elector in the plebiscite, other than an elector who is a child, grandchild, brother, sister, parent, grandparent, or spouse of the proxy voter. Procedure for issuing proxy paper 44 When issuing a proxy paper, a returning officer must do all of the following: (

a) complete the proxy paper in triplicate; (

b) give the original proxy paper to the applicant or person who brings the application on behalf of the applicant; (

c) send a copy of the proxy paper to the deputy returning officer of the polling station where the name of the applicant isn [is on] the list of electors; (

d) keep a copy of the proxy paper and app lication for the proxy vote available for public inspection at all reasonable times. Similar name 45 If a name and address on a list of electors corresponds so closely to the name and address of an elector appointing a proxy voter or the name and address of a proxy voter that a returning officer is satisfied that the entry is intended to refer to the elector or proxy voter, any proxy paper issued for the applicant must conform to the entries on the list of electors.

Replacement proxy voter 46 If a proxy paper is returned to a returning officer for cancellation, the elector for whom it was issued may apply to have another person act as proxy voter in accordance with Sections 43 and 44. No proxy voting for deceased elector 47 A person must not vote as proxy voter for another person knowing that the person is dead. Opening polling station 48

(1) During the 15 minutes immediately before a polling station opens, the deputy returning officer must do all of the following in full view of the poll clerk and any agent who is there: (

a) post all signs or instructions supplied to the deputy returning officer for posting;

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b) count the ballot papers and permit any agent who is present to inspect and count the ballot papers; (

c) prepare the ballot box by doing all of the following: (

i) opening it, (ii) verifying that it is empty, (iii) sealing or locking it in the required manner, (iv) placing it on the table in full view of all present.

(2) During the 15 minutes immediately before a polling station opens or as soon thereafter as is practicable, and in the presence of the poll clerk and any agents who are there, the deputy returning officer must initial the back of each ballot paper either entirely in ink that is of one color or with a black lead pencil in the space provided for their initials without removing the ballot papers from the bound or stitched book.

(3) A deputy returning officer must use the same pen or black lead pencil to initial all ballot papers in a book. Ballot box to remain sealed or locked 49 A deputy returning officer must ensure that the ballot box for their polling station remains sealed or locked until the poll closes. Who may vote at polling station 50 Subject to

Section 51, a person may vote at a polling station on ordinary polling day if any of the following applies to the person: (

a) the person is included on the official list of electors for the polling station; (

b) the person is not included on the official list of electors for the polling station but the person complies with

Section 49; (

c) the person delivers an original transfer certif icate authorizing them to vote at that polling station to the deputy returning officer of the polling station; (

d) the person delivers an original transfer certifi cate to the deputy returning officer of the polling station where the person is included on the official list of electors. Who cannot vote at polling station 51 A person may not vote at a polling station on ordinary polling day if any of the following applies to the person: (

a) the person refuses to take the oath of qualification when legally required to; (

b) the deputy returning officer is advised in the prescribed form by the returning officer that the elector voted at the advance poll or by proxy vote;

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c) the deputy returning officer is advised that th e elector was issued a transfer certificate to vote at another polling station and the person does not have the original transfer certificate as required by clause 50(d); (

d) the person is disqualified from voting. Elector omitted from official list of electors 52 A person who is not included on the official list of electors may vote at the polling station where the person would otherwise be qualified to vote on ordinary polling day if the person appears before the deputy returning officer at that polling station and swears to or affirms the oath or affirmation of a person omitted from the list of electors as set out in the poll book. Duties of deputy returning officer in voting procedure 53

(1) While a polling station is open for voting, a deputy returning officer must do all of the following: (

a) admit into the polling station each elector who has not already voted in person or by proxy and ensure the elector is not impeded; (

b) have an elector declare their name and address; (

c) if an elector or a person presenting themself to vote is qualified to vote at that polling station, have the poll clerk do one of the following: (

i) enter the name and address of the elector in the poll book, (ii) cross out the name and address of the elector on a hard copy of the official list of electors provided by the returning officer if directed by the returning officer; (

d) fold the ballot paper so that, when folded, the deputy returning officer’s initials on the back can be seen without unfolding it; (

e) direct the elector to return the ballot pape r folded after voting, as instructed, with the counterfoil attached; (

f) give the ballot paper to the elector. Oath of qualification 54

(1) If required by a deputy returning officer, a poll clerk or any agent who is present at a polling station, an elector must take the oath of qualification as set out in the poll book, in front of the deputy returning officer, before the elector receives a ballot paper.

(2) If an elector refuses to take the oath of qualification when required, the poll clerk must draw an erasing line through the elector’s name on the official list and in the poll book, and must mark the poll book to indicate that the elector refused to swear or affirm.

(3) An elector who refuses to take the oath of qualification when required must not (

a) be given a ballot paper; (

b) be permitted to vote later; or (

c) be permitted to enter the polling station again.

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(1) On receiving a ballot paper from a deputy returning officer, an elector must (

a) go into the voting compartment and mark a cross, an “X”, a check mark or a line with a pencil or pen in the appropriate space on the ballot paper; (

b) fold the ballot paper so that the deputy return ing officer’s initials and the serial number on the back can be seen without unfolding it; (

c) give the folded ballot paper back to the deputy returning officer.

(2) When an elector returns a folded ballot paper to a deputy returning officer, the deputy returning officer must do all of the following: (

a) verify that the initials and serial number show that it is the same ballot paper given to the elector; (

b) if it is the same ballot paper given to the elector, remove and destroy the counterfoil and deposit the ballot in the ballot box in the full view of the elector and all others present.

(3) After the ballot is deposited in the ballot box, the elector must leave the polling station. Voting with assistance 56

(1) If an elector is unable to vote in the manner set out in

Section 55 because the elector is unable to read, is disabled or is blind, a deputy returning officer must, (

a) if the elector has a friend who meets the cr iteria in subsection (2) to assist the elector, (

i) require the elector and the friend to take th e applicable oaths set out in the poll book, and (ii) permit the friend to accompany the elector in to the voting compartment and to mark the elector’s ballot paper as directed by the elector; or (

b) if the elector requests assistance, (

i) require the elector to take the applicable oath set out in the poll book, and (ii) accompany the elector, with any agent who is present and who wishes to watch, into the voting compartment and assist the elector by marking the ballot paper as directed by the elector.

(2) A person may assist an elector with voting as a friend if they meet all of the following criteria: (

a) the person is not the child, grandchild, brothe r, sister, parent, grandparent, husband or wife of the elector; (

b) the person has not already assisted another el ector in the plebiscite who is not the child, grandchild, brother, sister, parent, grandparent, husband or wife of the friend.

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Section 56, a deputy returning officer who assists an elector with voting or an agent who watches must not inquire into or otherwise attempt to determine how an elector intends to vote or has voted. Entering assisted vote in poll book 58 A poll clerk must enter all of the following on the record of poll in the poll book opposite the name of an elector who receives assistance to vote: (

a) why the ballot paper was marked with assistance; (

b) the name of the person who marked the ballot paper; (

c) that the oaths were taken by the elector a nd any friend assisting the elector, in accordance with clause 64(e). Replacement ballot paper 59

(1) An elector who has inadvertently dealt with a ballot paper so that it cannot be counted, must give it back to the deputy returning officer.

(2) A deputy returning officer must not look at a ballot paper that is returned to them to see how it is marked or show it to any other person.

(3) A deputy returning officer must (

a) write the word “cancelled” on the back of a ballo t paper that is returned to them and place it in the envelope for cancelled ballot papers; and (

b) give the elector another ballot. Obvious error on list 60

(1) If an elector applies for a ballot paper in a name and address that corresponds so closely to a name and address on the list of electors so that a deputy returning officer is satisfied that the entry in the list was intended to refer to that elector, the deputy returning officer must give the elector a ballot paper to vote if (

a) the elector takes the applicable oath set out in the poll book; and (

b) the elector takes the oath of qualification set out in the poll book in accordance with

Section 54.

(2) A poll clerk must enter all the following on the record of poll in the poll book opposite the name of an elector who is permitted to vote under subsection (1): (

a) the correct name and address of the elector; (

b) that the elector took the oaths, in accordance with clause 64(e). Impersonated elector 61

(1) An elector who shows up to vote after another person has voted in the elector’s name may receive a ballot paper and vote if the elector takes the following oaths:

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a) the oath of an impersonated elector set out in the poll book; (

b) the oath of qualification set out in the poll book, in accordance with

Section 54.

(2) A poll clerk must enter all of the following in the poll book opposite the name of an impersonated elector: (

a) that the elector voted on a 2nd ballot paper issued under the same name; (

b) that the elector took the oath of an impe rsonated elector, in accordance with clause 64(e); (

c) that the elector took the oath of qualificati on, if required, in accordance with clause 64(e). Elector who declines to vote 62

(1) An elector who is given a ballot paper but declines to vote must return the ballot paper to the deputy returning officer.

(2) A deputy returning officer must not look at a ballot paper that is returned to them to see if it is marked or show it to any other person.

(3) A deputy returning officer must (

a) mark “cancelled” on the back of a ballot paper that is returned to them and place it in the envelope for cancelled ballot papers; and (

b) not give the elector another ballot paper. Interpreters 63

(1) A deputy returning officer who does not understand the language spoken by an elector must obtain an interpreter, if possible.

(2) An interpreter must take the oath for an interpreter set out in the poll book.

(3) An interpreter must communicate between the deputy returning officer and the elector to enable the elector to vote. Poll book entries 64 A poll clerk must enter all of the following on the record of poll in the poll book for each voter: (

a) the name and address of the elector; (

b) the number assigned to the elector on the official list of electors unless the person is listed only in the statement of changes and additions; (

c) a consecutive number to show the number of persons who voted at the polling station; (

d) a check mark under the word “voted” opposite the name of the voter, as soon as the ballot is deposited in the ballot box; (

e) for an elector who takes an oath, a check mark under the words “sworn or affirmed” opposite their name with a note indicating the nature of the oath;

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f) for an elector who refuses to take an oath when legally required to, a check mark under the words “refused to swear or affirm” opposite their name; (

g) for an elector who votes under a transfer certif icate, a check mark under the word “transfer” opposite their name together with the certificate number; (

h) for an elector who votes by proxy, a check mark under the word “proxy” opposite their name together with the proxy paper number; (

i) any entries that the deputy returning officer directs. Only persons present when time to close poll may still vote 65

(1) When it is time for a polling station to close, a deputy returning officer must make a list of the names of all electors, who are in the polling station or are actually present at and awaiting admission to the polling station.

(2) A deputy returning officer must keep the polling station open long enough to permit the electors on the list made under subsection (1) to vote.

(3) An elector whose name is not listed under subsection (1) is not permitted to vote after the time set for the polling station to close. Procedure for voting by proxy on ordinary polling day 66 An elector who has not already voted may vote by proxy on ordinary polling day if the elector’s proxy voter follows the following procedure: (

a) they appear before the deputy returning officer of the polling station where the name of the elector is on the official list of electors; (

b) they give the deputy returning officer the pr oxy paper as issued by the returning officer; (

c) they take the oath of a proxy voter as set out in the poll book. Open vote prohibited 67 Other than a person who is complying with the requirements for assisting an elector to vote or acting as an interpreter, a person must not do either of the following at a polling station: (

a) openly declare the manner in which they intend to vote or voted; (

b) show their ballot paper in a manner that could disclose how they voted. Maintaining secrecy during count 68 All persons at a polling station or present for the counting of the votes must maintain and help maintain the secrecy of voting. Procedure when poll closes 69 A deputy returning officer must do all of the following when the poll is closed, in the presence of the poll clerk and at least 2 electors, or agents: (

a) write “The number of electors who voted at this plebiscite in this polling station is” and state the number at the end of the list of voters in the poll book, and sign the entry;

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b) open the envelope containing the cancelle d ballot papers and do all of the following: (

i) count the ballot papers, (ii) mark the number of ballot pape rs on the front of the envelope, (iii) place the ballot papers back in the envelope, (iv) seal the envelope with a gummed paper seal, (

v) initial the seal; (

c) locate the envelope for the unused ba llot papers and do all of the following: (

i) count the unused ballot papers, (ii) mark the number of unused ballot pa pers on the front of the envelope, (iii) place the unused ballot papers and the stubs of all used ballot papers in the envelope, (iv) seal the envelope with a gummed paper seal, (

v) initial the seal; (

d) open the ballot box and place its contents on the table; (

e) count the votes and arrange for the poll clerk and others present to record the count on tally sheets; (

f) after each person present is given full opportunity to examine each ballot, decide whether the ballot should be counted or rejected; (

g) if a ballot is to be counted, call out the vote and ensure that it is entered on the tally sheet; (

h) if a ballot is to be rejected, deal w ith the ballot in accordance with

Section 70. Ballots that must be rejected 70

(1) When counting the votes, a deputy returning officer must reject any of the following ballots: (

a) a ballot that was not supplied to an elector by the deputy returning officer; (

b) a ballot that is not marked for or against the question; (

c) a ballot that is marked for and against the question; (

d) a ballot that is not marked with a cross, an “X ”, a check mark or line made with a pencil or pen in the space provided for marking the ballot; (

e) a ballot that is marked in a way that makes it unclear as to how the voter has voted; (

f) a ballot that is marked in any way that can identify the elector.

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(2) A ballot must not be rejected because of any writing, number or mark placed on it by a deputy returning officer in accordance with these regulations.

(3) A deputy returning officer must place all rejected ballots in the envelope supplied for rejected ballots. Objections to ballot 71

(1) If an agent or elector who is present at a polling station while the votes are being counted objects to a ballot being counted, the deputy returning officer must decide every question arising out of the objection and, whether to count or reject the ballot.

(2) The decision of a deputy returning officer about a ballot that is objected to is binding on the objector and may only be reversed on a recount or on a court application questioning the plebiscite. Ballot with counterfoil or without initials of deputy returning officer 72 A deputy returning officer must do one of the following, in the presence of any person at the polling station, to any ballot that is found with the counterfoil attached or without the initials of the deputy returning officer marked on the back: (

a) after carefully concealing the number on the c ounterfoil, and without examining it, remove and destroy the counterfoil and count the vote on the ballot; (

b) if the deputy returning officer is satisfied th at the ballot is one that was properly supplied, mark their initials on the ballot and count the vote on the ballot; (

c) if the deputy returning officer is satisfied that the ballot is not one that was properly supplied, reject the ballot. Procedure after count 73 After counting the votes, a deputy returning officer must do all of the following: (

a) complete the statement of poll in the poll book in the presence of any person at the polling station; (

b) place the counted ballots for and against the question in separate envelopes supplied by the returning officer; (

c) place all rejected ballots in the envelope for rejected ballots; (

d) write a list of the contents of the envelope on each envelope and seal each envelope with a gummed paper seal; (

e) sign the gummed paper seals and ensure that the poll clerk and any other person present who wishes to, signs the paper seals; (

f) complete and sign enough copies of the statem ent of poll to have 1 for each person present who wishes to have a copy, to leave 1 in the poll book and to place 1 in a separate envelope outside the ballot box for delivery to the returning officer; (

g) enclose all documents used at the poll in th e ballot box or other container supplied by the Chief Electoral Officer, including all of the following:

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i) the poll book, (ii) the various envelopes and their contents, (iii) the official list of electors; (

h) seal and lock the ballot box or other container supplied by the Chief Electoral Officer in the manner directed and return it to the returning officer as directed by the returning officer. Advance poll in plebiscite area 74

(1) A returning officer must establish 1 advance polling station location in a convenient place in the plebiscite area.

(2) The advance poll for a plebiscite must be open for voting on the Friday and Saturday before ordinary polling day between noon and 8 p.m. on both days.

(3) A returning officer must appoint a deputy returning officer and a poll clerk for the advance poll.

(4) A deputy returning officer and poll clerk for an advance poll must not act as deputy returning officer and poll clerk for an ordinary poll. Notice of advance poll 75 The Chief Electoral Officer must arrange for a newspaper advertisement to advise electors in the plebiscite area of the time and place of an advance poll. Advance poll to follow procedures for ordinary poll 76 The provisions of these regulations relating to a polling station on ordinary polling day apply to an advance polling station with the necessary changes. Who may vote at advance poll 77 Subject to

Section 51, a person may vote at an advance polling station if their name is on the official list of electors of a polling division in the plebiscite area. Additional poll book entry 78 A poll clerk at an advance poll must enter the number of the polling division where the elector is included on the official list of electors under the word “Remarks” opposite the name of an elector who votes at the advance poll. Procedure when advance poll closes 79 On each day of an advance poll, when the polling station closes, the deputy returning officer for the advance poll must do all of the following: (

a) sign the gummed paper seals and ensure that the poll clerk and any agent present who wishes to, signs the gummed paper seals and place the seals on both of the following: (

i) the ballot box, in such a manner that th e box cannot be opened or anything deposited in or removed from it without breaking the seals, (ii) the envelope in which the deputy return ing officer has placed the unused ballot papers and stubs;

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b) place the unused ballot papers and stubs in the envelope supplied and mark both of the following on the envelope: (

i) a record of its contents, (ii) the serial number on the seal used for sealing the ballot box, if there is a serial number. Advance poll ballot box 80

(1) A ballot box used at an advance polling station must not be opened from the time the poll opens on Friday until the close of the polls on ordinary polling day, and during that time must remain in the custody of the deputy returning officer or a person designated by the returning officer.

(2) None of the seals on a ballot box from an advance poll may be broken or removed before the votes are counted at the close of the polls on ordinary polling day except as follows: (

a) the seal on the slot on the top of the ballot box ma y be cut to permit ballots to be placed in the ballot box on Saturday during the advance poll; (

b) the seal on the envelope containing the unused ballot papers for use on Saturday during the advance poll may be broken. Deputy returning officer to deliver list after close of advance poll 81

(1) When an advance poll closes on Saturday, the deputy returning officer must complete the list of voters at the advance polling station and immediately deliver the list to the returning officer.

(2) After the polls close on ordinary polling day, the deputy returning officer for the advance poll must, at the place determined by the returning officer and in the full view of the poll clerk and any agents or electors who are present, follow the procedure for when the poll closes and counting the votes set out in Sections 68 to 72. Names of voters made public 82

(1) A returning officer must make the list of names of voters at the advance poll available to the public so that it may be inspected at any reasonable time.

(2) A returning officer must send a list of the voters who voted at the advance poll to the deputy returning officer responsible for the polling station where the electors would be entitled to vote if they had not voted in the advance poll. Care of ballot boxes after ordinary polling day 83 On receiving a ballot box from a deputy returning officer after the polls are closed on ordinary polling day, a returning officer must do all of the following: (

a) if a seal or lock is not in good order, affix another seal or lock without removing the existing one, and record the original seal’s condition; and (

b) take every precaution to safeguard the ba llot box and to prevent any person from having unlawful access to it. Official addition of votes by returning officer 84

(1) The official addition of the votes must be held by the returning officer beginning at 10 a.m. on Thursday, the 2nd day after ordinary polling day.

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(2) When adding the votes, a returning officer must, in the presence of any agents and other persons who are attending, ascertain the number of votes cast for and against the question in each polling station in the plebiscite area by obtaining the information from one of the following: (

a) if no person objects in writing, the statement of poll for the polling station signed by the deputy returning officer and delivered to the returning officer in a separate envelope outside the ballot box; (

b) if a person objects in writing to using the statement of poll signed by the deputy returning officer, or the statement of poll has not been delivered as required, the statement of poll for the polling station in the poll book in the ballot box; (

c) if the statement of poll in the poll book is not available, the statement of poll for the polling station in the possession of the deputy returning officer or an agent, and the deputy returning officer or agent must verify the correctness of the statement by oath; (

d) if a statement of poll cannot be obtained for a polling station, (

i) the endorsements on envelopes in the ballot box that contains the ballots cast, (ii) the deputy returning officer, poll clerk or any other person, (iii) such evidence as is available to the deputy returning officer.

(3) When adding the votes, a returning officer may (

a) summon any person to appear at the official addition and require them to bring all necessary papers and other documents; (

b) examine, on oath, any person respecting the matter in question. Re-sealing ballot box after official addition 85 If a ballot box is opened during the official addition to ascertain the number of votes cast, the returning officer must return all documents to the ballot box and seal or lock the box. Duties of returning officer after official addition 86

(1) When the official addition of the votes is completed, a returning officer must (

a) complete the recapitulation sheet in the prescribed form; and (

b) send the recapitulation sheet to the Chief Electoral Officer.

(2) As soon as conveniently possible after ordinary polling day, a returning officer must send the Chief Electoral Officer all of the following: (

a) the deputy returning officers’ accounts; (

b) the poll clerks’ accounts; (

c) the accounts for owners of polling stations; (

d) the returning officer’s account.

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(1) If there is an equality of votes for and against the question, a returning officer must advise the Chief Electoral Officer and the Chief Electoral Officer must apply for a recount.

(2) An application for a recount by the Chief Electoral Officer must be in accordance with Sections 88 to 89, with any necessary changes the circumstances require. Application for recount 88

(1) No later than 4 days after the day that a returning officer completes an official addition, any elector may apply to a judge of the Supreme Court for a recount by the court of all of the ballots cast in the plebiscite area by filing an application with the clerk of the Supreme Court together with a deposit of $100 as security for costs of the recount.

(2) As soon as conveniently possible after the filing of the application, a judge of the Supreme Court must appoint a time and place for the recount. Notice of recount 89

(1) An applicant for a recount must give a returning officer at least 5 days written notice of the time and place appointed for the recount.

(2) A judge hearing an application may direct the applicant to notify other persons of the time and place of the recount.

(3) A judge hearing an application may direct that the service of any notice of the recount must be made by mail, by posting or any other manner. Duties of returning officer at recount 90 A returning officer must attend the recount at the time and place appointed to deliver the ballot boxes and assist the judge as the judge directs. Persons allowed to be present at recount 91

(1) The following persons may be present at a recount: (

a) the judge; (

b) the applicant; (

c) the returning officer; (

d) the Chief Electoral Officer; (

e) any person the judge authorizes.

(2) In so far as is practicable, a recount must proceed continuously as directed by the judge. Procedure followed at recount 92 At the recount, the judge must do all of the following: (

a) inspect the poll books and the official list of electors and oversee the opening of the sealed envelopes that contain the following: (

i) the ballots that were counted,

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b) oversee a recount of the ballots; (

c) decide whether to accept or reject a ballot; (

d) verify or correct the statement of the poll for each polling station; (

e) ensure that the ballots and other documen ts are secured during any recess or adjournment. Provisions for count apply to recount 93 All the provisions of these regulations respecting the procedure for counting the votes at the close of the poll apply to a recount of the votes with the necessary changes. Duties of judge after recount 94 When a recount of the votes is completed, the judge must do all of the following in the presence of anyone attending: (

a) ensure that the ballots are sealed in envelop es and that the envelopes and other documents are sealed or locked in their respective ballot boxes; (

b) add the number of votes cast for or against the question as ascertained at the recount; (

c) certify the result of the recount on the recapitulation sheet; (

d) send the recapitulation sheet to the returning officer. Recount costs 95 When a recount of the votes is completed, the judge may make such order as the judge sees fit respecting costs, including the disposition of money deposited as security for costs. Majority of votes for or against after recount 96 If the recapitulation sheet received from the judge after a recount shows a majority of votes were cast either for or against the question, the returning officer must submit the recapitulation sheet to the Chief Electoral Officer, which is the return on the plebiscite. Equality of votes after recount 97

(1) If the recapitulation sheet received from the judge after a recount shows that an equality of votes exists, the returning officer must, when the recount is completed or as soon as possible after the recount is completed, (

a) determine the result by lot in the presence of at least two electors; and (

b) advise the Chief Electoral Officer of the outcome of the lot.

(2) In this Section, “lot” means the method of determining the outcome of the plebiscite by placing the word “yes”, representing a return for the question, and the word “no”, representing a return against

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(1) A returning officer must preserve the ballot boxes or other containers in a sealed and secure condition until whichever of the following is later: (a) 5 weeks after ordinary polling day; (b) 3 weeks after the completion of any recount.

(2) If there is no application to court to have the plebiscite set aside, as soon as conveniently possible after the required time period determined under subsection (1), the returning officer must open the ballot boxes or other containers and return all contents, including the poll books, to the Chief Electoral Officer. Persons qualified to administer oath 100

(1) An oath authorized or required to be made under these regulations may be taken before any of the following: (

a) a person who these regulations e xpressly require to administer it; (

b) a returning officer or a deputy returning officer; (

c) a person authorized by law to take oaths or affidavits.

(2) An oath must be administered without fee or reward. Non-compliance with regulations may not invalidate plebiscite 101 A plebiscite cannot be declared invalid for any of the following reasons, if it appears to the tribunal being asked to decide, that the plebiscite was conducted in accordance with the principles laid down in these regulations, and the non-compliance or mistake does not affect the result of the plebiscite: (

a) because of a non-compliance with the provisions of these regulations (

i) about taking the vote, or (ii) about counting the votes; (

b) because of any mistake in the use of the forms.

N.S. Reg. 10/2007 - 11/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 2 80 © NS Registry of Regulations. Web version. N.S. Reg. 10/2007 Made: January 9, 2007 Filed: January 9, 2007 Farm Registration Regulations Order in Council 2007-13 dated January 9, 2007 Amendment to regulations made by the Governor in Council pursuant to

Section 12 of the Farm Registration Act The Governor in Council on the report and recommendation of the Minister of Agriculture dated December 19, 2006, and pursuant to

Section 12 of

Chapter 3 of the Acts of 1994-95, the Farm Registration Act, is pleased to amend the regulations respecting farm registration, N.S. Reg. 138/95, made by the Governor in Council by Order in Council 95-628 dated August 22, 1995, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after January 9, 2007.

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

Section 12 of

Chapter 3 of the Acts of 1994-95, the Farm Registration Act 1 Subsection 1(4) of the regulations respecting farm regi stration, N.S. Reg. 138/95, made by the Governor in Council by Order in Council 95-628 dated August 22, 1995, is repealed. 2 Form 2—1995 Farm Business Registration Refund Request to the regulations is repealed. N.S. Reg. 11/2007 Made: December 12, 2006 and January 9, 2007 Filed: January 9, 2007

Summary Offence Tickets Regulations Order in Council 2007-14 dated January 9, 2007 Amendment to regulations made by the Minister of Justice and 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 December 12, 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

Schedule 4A 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, to include certain offences under the Weights and Dimensions of Vehicles Regulations, N.S. Reg. 137/2001, 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 January 9, 2007.

N.S. Reg. 11/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 2 © NS Registry of Regulations. Web version. 81 Order I, Murray K. Scott, M.B., Minister of Justice and Attorney General of Nova Scotia, 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 December 12, 2006, at Halifax, Halifax Regional Municipality, Province of Nova Scotia. Sgd.: Murray Scott Honourable Murray K. Scott, M.B. Minister of Justice and Attorney General of Nova Scotia

Schedule “A” Amendment 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

Schedule 4A 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 items immediately after item 31 under the heading “Weights and Dimensions of Vehicles Regulations (WDVR)”: 32 Operating or causing to be operated truck or truck tractor with weight greater than 3000 kg on Trunk 4 between Exits 7 and 11 of Highway 104, other than as permitted 13(1) $387.50 33 Operating or causing to be operate d A-train double on any highway other than maximum weight road 14(1)(a) $387.50 34 Operating or causing to be operate d B-train double on any highway other than B-train route or maximum weight road 14(1)(b) $387.50 35 Operating or causing to be operate d C-train double on any highway other than maximum weight road 14(1)(c) $387.50 36 Violating any provision of the regul ations for which no other penalty is provided 14(2) $157.50

N.S. Reg. 141/2006 Royal Gazette

Part II - Regulations Vol. 31, No. 2 82 © NS Registry of Regulations. Web version. Note: Abraham Lake Natural Reserve Ecological Site Designation, N.S. Reg 141/2006, (Schedule “D” of Order in Council 2006-351) was printed incorrectly the Royal Gazette,

Part II, Volume 30, Issue 15 (August 18, 2006). It is re-printed here in its correct form. N.S. Reg. 141/2006 Designation of Abraham Lake Nature Reserve Ecological Site

Schedule “D” In the matter of

Section 14 of

Chapter 438 of the Revised Statutes of Nova Scotia, 1989, the Special Places Protection Act - and - In the matter of the designation of an ecological site near Creelmans Crossing, Halifax County to be known as the Abraham Lake Nature Reserve I, Mark Parent, Minister of Environment and Labour for the Province of Nova Scotia, pursuant to

Section 14 of

Chapter 438 of the Revised Statutes of Nova Scotia, 1989, the Special Places Protection Act, hereby designate the area of land described in Appendix A and shown on the map in Appendix B, attached to and forming part of this order, as an ecological site, to be known as the Abraham Lake Nature Reserve. The written consent of the landowner has been granted and has been filed with the Department of Environment and Labour.

This designation is effective on and after the date it is published in the Royal Gazette, except that the designation is not effective on that portion of the land that is subject to mineral exploration licences numbered 05916 and 05917, or any valid continuation of title, issued to D.D.V. Gold Limited or its successor as ratified under

Chapter 18 of the Acts of 1990, the Mineral Resources Act, until the date upon which the licences or any valid continuation of title no longer apply to the land as a result of the surrender, abandonment, forfeiture, expiration, cancellation or termination of the licences. Dated and made at Halifax Regional Municipality, Province of Nova Scotia, July 11, 2006.

Sgd.: Mark Parent Honourable Mark Parent Minister of Environment and Labour Appendix A Abraham Lake Nature Reserve All that certain lot, piece or parcel of land situate, lying and being in the Abraham Lake area, in the County of Halifax, in the Province of Nova Scotia, and being more particularly described as follows: Beginning at a survey marker, wooden post and stones, numbered 6212, situate (by grid azimuths referenced to the Nova Scotia Three Degree Modified Transverse Mercator Projection, Zone 4, Central Meridian 61 degrees, 30 minutes West longitude) 276 degrees, 52 minutes, 19 seconds a distance of 10194.91 feet from the Nova Scotia Coordinate Monument # 12020 having coordinate values (North 16 412 813.12 feet, East 14 488 709.43 feet); Thence 338 degrees, 03 minutes, 03 seconds, a distance of 1712.28 feet along lands now or formerly of Neenah Paper Inc. to a survey marker, wooden post and stones numbered 6211;

N.S. Reg. 141/2006 Royal Gazette

Part II - Regulations Vol. 31, No. 2 © NS Registry of Regulations.

Web version. 83 Thence Northwesterly a distance of 1826 feet, more or less, along a forestry road being lands now or formerly of Neenah Paper Inc. to a survey marker, wooden post and stones numbered 6210, said survey marker being 309 degrees, 24 minutes, 49 seconds, a distance of 1812.80 feet from survey marker numbered 6211; Thence 286 degrees, 42 minutes, 07 seconds, a distance of 1738.09 feet along lands now or formerly of Neenah Paper Inc. to a survey marker, wooden post and stones numbered 6209; Thence 275 degrees, 59 minutes, 14 seconds, a distance of 1963.34 feet along lands now or formerly of Neenah Paper Inc. to a survey marker and stones numbered 6214; Thence 275 degrees, 59 minutes, 14 seconds a distance of 2421.60 feet along lands now or formerly of Neenah Paper Inc. to a survey marker, wooden post and stones numbered 6208; Thence 250 degrees, 42 minutes, 14 seconds, a distance of 1374.42 feet along lands now or formerly of Neenah Paper Inc. to a survey marker, wooden post and stones numbered 6207; Thence Southwesterly a distance of 470 feet, more or less, along a forestry road being lands now or formerly of Neenah Paper Inc. to a survey marker, wooden post and stones numbered 6206, said survey marker being 218 degrees, 14 minutes, 26 seconds a distance of 466.37 feet from survey marker number 6207; Thence 161 degrees, 32 minutes, 59 seconds a distance of 1550.30 feet along lands now or formerly of Neenah Paper Inc. to a survey marker, wooden post and stones numbered 6205; Thence 125 degrees, 55 minutes, 33 seconds a distance of 1718.87 feet along lands now or formerly of Neenah Paper Inc. to a survey marker, wooden post and stones numbered 6204; Thence 158 degrees, 38 minutes, 11 seconds a distance of 3031.45 feet along lands now or formerly of Neenah Paper Inc. to a survey marker, wooden post and stones numbered 6203; Thence 104 degrees, 44 minutes, 48 seconds a distance of 336.49 feet along lands now or formerly of Neenah Paper Inc. to a survey marker, wooden post and stones numbered 6202; Thence 104 degrees, 44 minutes, 48 seconds a distance of 1705.79 feet along lands now or formerly of Neenah Paper Inc. to a survey marker, wooden post and stones numbered 6201; Thence 64 degrees, 21 minutes, 27 seconds a distance of 2893.99 feet along lands now or formerly of Neenah Paper Inc. to a survey marker and wooden post numbered 6213; Thence 64 degrees, 21 minutes, 27 seconds a distance of 2569.12 feet along lands now or formerly of Neenah Paper Inc. to a survey marker, wooden post and stones numbered 6200; Thence 338 degrees, 03 minutes, 05 seconds a distance of 627.91 feet along lands now or formerly of Neenah Paper Inc. to the place of beginning; Containing an area of 958 acres, more or less; Saving and excepting from the above described lot of land the road known as Abraham Lake Road, said road being 66 feet in width and the boundaries to be defined by a line 33 feet each side of the centerline of the existing road, the title to this strip of land being now or formerly of Neenah Paper Inc.;

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Part II - Regulations Vol. 31, No. 2 84 © NS Registry of Regulations. Web version.

Being and intended to be the land as acquired by the Nature Conservancy of Canada from Scott Worldwide, Inc. by Indenture dated the 20th day of December, 1994 and as recorded in the Office of the Registrar of Deeds for Halifax County, on the 23rd day of January, 1995, in Book 5675, at Pages 1101-1105, as Document 2656; Also being and intended to be the land as acquired by the Nature Conservancy of Canada from Scott Worldwide, Inc. by Indenture dated the 30th day of November, 1993 and as recorded in the Office of the Registrar of Deeds for Halifax County, on the 10th day of December, 1993, in Book 5505, at Pages 456-459, as Document 52139; Also being and intended to be land covered by Abraham Lake.

N.S. Reg. 141/2006 Royal Gazette

Part II - Regulations Vol. 31, No. 2 © NS Registry of Regulations. Web version. 85 Appendix B Map of Abraham Lake Nature Reserve