Prescribed Petroleum Products Prices (N.S. Reg. 48/2019) (just regulations rg2 2019 RG2 2019 04 12)

N.S. Reg. 48/2019

Nova Scotia — Gazette

Volume 43, No. 8 April 12, 2019

Part II Halifax, Nova Scotia Regulations under the Regulations Act Printed by the Queen’s Printer Contents Act Reg. No. Page Petroleum Products Pricing Act Prescribed Petroleum Products Prices.......................................... 4 8 /2019 142 Prescribed Petroleum Products Prices.......................................... 4 9 /2019 144 Public Services Sustainability

(2015) Act Public Services Sustainability General Regulations–amendment. . . .................. 5 0 /2019 146 Teachers’ Pension Act Teachers’ Pension Plan Regulations–amendment................................. 5 1 /2019 151 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. © NS Office of the Registrar of Regulations. Web version. 141

N.S. Reg. 48/2019 Royal Gazette

Part II - Regulations Vol. 43, No. 8 N.S. Reg. 48/2019 Made: March 21, 2019 Filed: March 22, 2019 Prescribed Petroleum Products Prices Order dated March 21, 2019 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Order In the matter of the Petroleum Products Pricing Act M09122 - and - In the matter of prescribing prices for petroleum products pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Steven Murphy, MBA, P. Eng., Member

Whereas the purpose of the Petroleum Products Pricing Regulations is to ensure just and reasonable prices for specified petroleum products taking into consideration the objectives of preserving the availability of such products in rural areas, stabilizing prices of such products and minimizing the variances in prices of such products across the Province; And

whereas the Nova Scotia Utility and Review Board (Board) considered the manner in which it would proceed to set petroleum product prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And

whereas the Board revised the wholesale margin effective January 4, 2013, in its decision, 2012 NSUARB 213, issued on December 12, 2012; And

whereas the Board revised the retail margin and the transportation allowance effective October 28, 2016, in its decision, 2016 NSUARB 168, issued on September 26, 2016; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended March 20, 2019, are: Grade 1 Regular gasoline 64.55¢ per litre Ultra-low-sulfur diesel oil 69.73¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 64.55¢ per litre Grade 2 67.55¢ per litre Grade 3 70.55¢ per litre Ultra-low-sulfur diesel oil 69.73¢ per litre And

now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: plus 2.00¢ per litre Ultra-low-sulfur diesel oil: plus 0.20¢ per litre And

whereas a winter blending adjustment of plus 2.53¢ per litre is required for ultra-low-sulfur diesel oil; And

now therefore the Board prescribes the prices for petroleum products as set forth in

Schedule “A” effective on and after 12:01 a.m., March 22, 2019. © NS Office of the Registrar of Regulations. Web version. 142

N.S. Reg. 48/2019 Royal Gazette

Part II - Regulations Vol. 43, No. 8 Dated at Halifax, Nova Scotia, this 21st day of March, 2019. sgd: Lisa Wallace Clerk of the Board

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 March 22, 2019 Nova Scotia Petroleum Price

Schedule Petroleum Prices in Cents/Litre Self-Service Pump Prices Full-Service Pump Prices (Pump Prices includes 15% HST) Base Wholesale Price Fed. Excise Tax Prov.

Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded 74.74 10.0 15.5 100.24 121.1 123.3 121.1 999.9 Mid-Grade Unleaded 77.74 10.0 15.5 103.24 124.6 126.8 124.6 999.9 Premium Unleaded 80.74 10.0 15.5 106.24 128.0 130.2 128.0 999.9 Ultra-Low-Sulfur Diesel 80.91 4.0 15.4 100.31 121.2 123.4 121.2 999.9 Zone 2 Regular Unleaded 75.24 10.0 15.5 100.74 121.7 123.9 121.7 999.9 Mid-Grade Unleaded 78.24 10.0 15.5 103.74 125.2 127.4 125.2 999.9 Premium Unleaded 81.24 10.0 15.5 106.74 128.6 130.8 128.6 999.9 Ultra-Low-Sulfur Diesel 81.41 4.0 15.4 100.81 121.8 124.0 121.8 999.9 Zone 3 Regular Unleaded 75.64 10.0 15.5 101.14 122.2 124.4 122.2 999.9 Mid-Grade Unleaded 78.64 10.0 15.5 104.14 125.6 127.8 125.6 999.9 Premium Unleaded 81.64 10.0 15.5 107.14 129.1 131.3 129.1 999.9 Ultra-Low-Sulfur Diesel 81.81 4.0 15.4 101.21 122.3 124.4 122.3 999.9 Zone 4 Regular Unleaded 75.74 10.0 15.5 101.24 122.3 124.5 122.3 999.9 Mid-Grade Unleaded 78.74 10.0 15.5 104.24 125.7 127.9 125.7 999.9 Premium Unleaded 81.74 10.0 15.5 107.24 129.2 131.4 129.2 999.9 Ultra-Low-Sulfur Diesel 81.91 4.0 15.4 101.31 122.4 124.6 122.4 999.9 Zone 5 Regular Unleaded 75.74 10.0 15.5 101.24 122.3 124.5 122.3 999.9 Mid-Grade Unleaded 78.74 10.0 15.5 104.24 125.7 127.9 125.7 999.9 Premium Unleaded 81.74 10.0 15.5 107.24 129.2 131.4 129.2 999.9 Ultra-Low-Sulfur Diesel 81.91 4.0 15.4 101.31 122.4 124.6 122.4 999.9 Zone 6 Regular Unleaded 76.44 10.0 15.5 101.94 123.1 125.3 123.1 999.9 Mid-Grade Unleaded 79.44 10.0 15.5 104.94 126.5 128.7 126.5 999.9 Premium Unleaded 82.44 10.0 15.5 107.94 130.0 132.2 130.0 999.9 Ultra-Low-Sulfur Diesel 82.61 4.0 15.4 102.01 123.2 125.4 123.2 999.9 © NS Office of the Registrar of Regulations.

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N.S. Reg. 49/2019 Royal Gazette

Part II - Regulations Vol. 43, No. 8 N.S. Reg. 49/2019 Made: March 28, 2019 Filed: March 29, 2019 Prescribed Petroleum Products Prices Order dated March 28, 2019 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Order In the matter of the Petroleum Products Pricing Act M09131 - and - In the matter of prescribing prices for petroleum products pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Richard J. Melanson, LL.B., Member

Whereas the purpose of the Petroleum Products Pricing Regulations is to ensure just and reasonable prices for specified petroleum products taking into consideration the objectives of preserving the availability of such products in rural areas, stabilizing prices of such products and minimizing the variances in prices of such products across the Province; And

whereas the Nova Scotia Utility and Review Board (Board) considered the manner in which it would proceed to set petroleum product prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And

whereas the Board revised the wholesale margin effective January 4, 2013, in its decision, 2012 NSUARB 213, issued on December 12, 2012; And

whereas the Board revised the retail margin and the transportation allowance effective October 28, 2016, in its decision, 2016 NSUARB 168, issued on September 26, 2016; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended March 27, 2019, are: Grade 1 Regular gasoline 65.63¢ per litre Ultra-low-sulfur diesel oil 70.10¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 65.63¢ per litre Grade 2 68.63¢ per litre Grade 3 71.63¢ per litre Ultra-low-sulfur diesel oil 70.10¢ per litre And

now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: plus 1.40¢ per litre Ultra-low-sulfur diesel oil: plus 0.55¢ per litre And

whereas a winter blending adjustment of plus 2.24¢ per litre is required for ultra-low-sulfur diesel oil; And

now therefore the Board prescribes the prices for petroleum products as set forth in

Schedule “A” effective on and after 12:01 a.m., March 29, 2019. © NS Office of the Registrar of Regulations. Web version. 144

N.S. Reg. 49/2019 Royal Gazette

Part II - Regulations Vol. 43, No. 8 Dated at Halifax, Nova Scotia, this 28th day of March, 2019. sgd: Doreen Friis Clerk of the Board

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 March 29, 2019 Nova Scotia Petroleum Price

Schedule Petroleum Prices in Cents/Litre Self-Service Pump Prices Full-Service Pump Prices (Pump Prices includes 15% HST) Base Wholesale Price Fed. Excise Tax Prov.

Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded 75.22 10.0 15.5 100.72 121.7 123.9 121.7 999.9 Mid-Grade Unleaded 78.22 10.0 15.5 103.72 125.1 127.3 125.1 999.9 Premium Unleaded 81.22 10.0 15.5 106.72 128.6 130.8 128.6 999.9 Ultra-Low-Sulfur Diesel 81.34 4.0 15.4 100.74 121.7 123.9 121.7 999.9 Zone 2 Regular Unleaded 75.72 10.0 15.5 101.22 122.3 124.5 122.3 999.9 Mid-Grade Unleaded 78.72 10.0 15.5 104.22 125.7 127.9 125.7 999.9 Premium Unleaded 81.72 10.0 15.5 107.22 129.2 131.4 129.2 999.9 Ultra-Low-Sulfur Diesel 81.84 4.0 15.4 101.24 122.3 124.5 122.3 999.9 Zone 3 Regular Unleaded 76.12 10.0 15.5 101.62 122.7 124.9 122.7 999.9 Mid-Grade Unleaded 79.12 10.0 15.5 104.62 126.2 128.4 126.2 999.9 Premium Unleaded 82.12 10.0 15.5 107.62 129.6 131.8 129.6 999.9 Ultra-Low-Sulfur Diesel 82.24 4.0 15.4 101.64 122.8 124.9 122.8 999.9 Zone 4 Regular Unleaded 76.22 10.0 15.5 101.72 122.8 125.0 122.8 999.9 Mid-Grade Unleaded 79.22 10.0 15.5 104.72 126.3 128.5 126.3 999.9 Premium Unleaded 82.22 10.0 15.5 107.72 129.7 131.9 129.7 999.9 Ultra-Low-Sulfur Diesel 82.34 4.0 15.4 101.74 122.9 125.1 122.9 999.9 Zone 5 Regular Unleaded 76.22 10.0 15.5 101.72 122.8 125.0 122.8 999.9 Mid-Grade Unleaded 79.22 10.0 15.5 104.72 126.3 128.5 126.3 999.9 Premium Unleaded 82.22 10.0 15.5 107.72 129.7 131.9 129.7 999.9 Ultra-Low-Sulfur Diesel 82.34 4.0 15.4 101.74 122.9 125.1 122.9 999.9 Zone 6 Regular Unleaded 76.92 10.0 15.5 102.42 123.6 125.8 123.6 999.9 Mid-Grade Unleaded 79.92 10.0 15.5 105.42 127.1 129.3 127.1 999.9 Premium Unleaded 82.92 10.0 15.5 108.42 130.5 132.7 130.5 999.9 Ultra-Low-Sulfur Diesel 83.04 4.0 15.4 102.44 123.7 125.9 123.7 999.9 © NS Office of the Registrar of Regulations.

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N.S. Reg. 50/2019 Royal Gazette

Part II - Regulations Vol. 43, No. 8 N.S. Reg. 50/2019 Made: March 29, 2019 Filed: March 29, 2019 Public Services Sustainability General Regulations–amendment Order in Council 2019-97 dated March 29, 2019 Amendment to regulations made by the Governor in Council pursuant to

Section 29 of the Public Services Sustainability

(2015) Act The Governor in Council on the report and recommendation of the Minister of Labour Relations dated March 6, 2019, and pursuant to

Section 29 of

Chapter 34 of the Acts of 2015, the Public Services Sustainability

(2015) Act, is pleased to amend the Public Services Sustainability General Regulations, N.S. Reg. 128/2017, made by the Governor in Council by Order in Council 2017-207 dated August 22, 2017, to prescribe persons who are members of specified bargaining units as not being “public-sector employees”, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after March 29, 2019.

Schedule “A” Amendment to the Public Services Sustainability General Regulations made by the Governor in Council under

Section 29 of

Chapter 34 of the Acts of 2015, the Public Services Sustainability

(2015) Act 1

(1) Section 2 of the Public Services Sustainability General Regulations, N.S. Reg. 128/2017, made by the Governor in Council by Order in Council 2017-207 dated August 22, 2017, is amended by adding the following

definitions immediately after the definition of “NSGEU”: “NSNU” means the Nova Scotia Nurses’ Union; “NSTU” means the Nova Scotia Teachers’ Union; “NSUPE” means the Nova Scotia Union of Public & Private Employees;

(2) Section 2 of the regulations is further amended by adding the following definition immediately after the definition of “PSAC”: “SEIU” means the Service Employees International Union; 2 The table in clause 3(

a) of the regulations is amended by adding the following rows at the end of the table: Breton Ability Centre NSNU, Breton Ability Centre Local Kings Regional Rehabilitation Centre NSNU, Kings Regional Rehabilitation Centre Local Quest - A Society for Adult Support and Rehabilitation NSNU, Quest - A Society for Adult Support and Rehabilitation Local Conway Workshop Association NSUPE, Local 16 Homes for Independent Living, Nova Scotia NSUPE, Local 15 © NS Office of the Registrar of Regulations. Web version. 146

N.S. Reg. 50/2019 Royal Gazette

Part II - Regulations Vol. 43, No. 8 Halifax Transition House Association (Bryony House) PSAC, Local 80022 (Bryony House) Atlantic Provinces Special Education Authority (APSEA) NSTU, APSEA Local Chignecto-Central Regional Centre for Education CUPE, Local 3890 Chignecto-Central Regional Centre for Education NSGEU, Local 71 Nova Scotia Community College Nova Scotia Community College Academic Union, Community College Local (Faculty) Nova Scotia Community College Nova Scotia Community College Academic Union, Community College Local (Professional Support) North End Community Health Association NSGEU, Local 102 Alderwood Rest Home NSNU, Alderwood Rest Home Local Annapolis Royal Nursing Home NSNU, Annapolis Royal Nursing Home Local Shannex Clinical Services Limited (Arborstone), Halifax NSNU, Shannex Clinical Services Limited, Arborstone (Halifax) Local Bay Side Home Corporation, also referred to as “Bayside Home Corporation” NSNU, Bay Side Home Local, also referred to as “Bayside Home Local” Shannex Clinical Services Limited (Bissett Court), Cole Harbour NSNU, Shannex Clinical Services Limited, Bissett Court (Cole Harbour) Local Shannex Clinical Services Limited (Blomidon Court), Greenwich NSNU, Shannex Clinical Services Limited, Blomidon Court (Greenwich) Local Shannex Clinical Services Limited (Cedarstone), Truro NSNU, Shannex Clinical Services Limited, Cedarstone (Truro) Local Shannex Clinical Services Limited (Celtic Court), Sydney NSNU, Shannex Clinical Services Limited, Celtic Court (Sydney) Local Centennial Villa, Amherst NSNU, Centennial Villa (Amherst) Local Shannex Clinical Services Limited (Debert Court), Debert NSNU, Shannex Clinical Services Limited, Debert Court (Debert) Local Hants County Residence for Senior Citizens, operating as Dykeland Lodge NSNU, Hants County Residence for Senior Citizens, Dykeland Lodge Local Shannex Clinical Services Limited (Elk Court), Brookfield NSNU, Shannex Clinical Services Limited, Elk Court (Brookfield) Local Foyer Pere Fiset NSNU, Foyer Pere Fiset Local Gables Lodge, Amherst NSNU, Gables Lodge (Amherst) Local Glen Haven Manor Corporation, New Glasgow NSNU, Glen Haven Manor Corporation (New Glasgow) Local © NS Office of the Registrar of Regulations.

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N.S. Reg. 50/2019 Royal Gazette

Part II - Regulations Vol. 43, No. 8 Shannex Clinical Services Limited (Harbourstone), Sydney NSNU, Shannex Clinical Services Limited, Harbourstone (Sydney) Local Heart of the Valley LTCC, Middleton NSNU, Heart of the Valley LTCC (Middleton) Local High-Crest Home for Special Care, Springhill NSNU, High-Crest Home for Special Care (Springhill) Local Highland Manor Nursing Home for Special Care NSNU, Highland Manor Nursing Home for Special Care Local Inverary Manor, Inverness NSNU, Inverary Manor (Inverness) Local MacLeod Group Health Services Limited operating as Ivey’s Terrace Nursing Home, Trenton NSNU, Ivey’s Terrace Nursing Home (Trenton) Local Ivy Meadows Continuing Care Centre NSNU, Ivy Meadows Continuing Care Centre Local Maple Hill Manor NSNU, Maple Hill Manor Local Shannex Clinical Services Limited (Maplestone), Halifax NSNU, Shannex Clinical Services Limited, Maplestone (Halifax) Local The Maritime Odd Fellows Home NSNU, The Maritime Odd Fellows Home Local Melville Gardens, Halifax NSNU, Melville Gardens (Halifax) Local Melville Lodge, Halifax NSNU, Melville Lodge (Halifax) Local Milford Haven Corporation NSNU, Milford Haven Corporation Local Miners Memorial Manor, Sydney Mines NSNU, Miners Memorial Manor (Sydney Mines) Local Mountain Lea Lodge NSNU, Mountain Lea Lodge Local Musquodoboit Valley Home for Special Care Association (Braeside) NSNU, Musquodoboit Valley Home for Special Care Association (Braeside) Local North Queen’s Nursing Home NSNU, North Queen’s Nursing Home Local Northside Community Guest Home NSNU, Northside Community Guest Home Local Shannex Clinical Services Limited (Northumberland Hall), Amherst NSNU, Shannex Clinical Services Limited, Northumberland Hall (Amherst) Local Northwoodcare Halifax Incorporated NSNU, Northwoodcare Halifax Incorporated Local Northwoodcare Bedford Incorporated NSNU, Northwoodcare Bedford Incorporated Local The Dartmouth Senior Care Society, Operators of Oakwood Terrace NSNU, The Dartmouth Senior Care Society, Oakwood Terrace Local Ocean View Continuing Care Centre NSNU, Ocean View Continuing Care Centre, Local © NS Office of the Registrar of Regulations.

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N.S. Reg. 50/2019 Royal Gazette

Part II - Regulations Vol. 43, No. 8 Shannex Clinical Services Limited (Orchard Court), Kentville NSNU, Shannex Clinical Services Limited, Orchard Court (Kentville) Local Shannex Clinical Services Limited (Glasgow Court), Dartmouth NSNU, Shannex Clinical Services Limited, Glasgow Court (Dartmouth) Local Shannex Clinical Services Limited (Parkstone), Halifax NSNU, Shannex Clinical Services Limited, Parkstone (Halifax) Local MacLeod Group Health Services Limited operating as Port Hawkesbury Nursing Home Inc. NSNU, MacLeod Group Health Services Limited, Port Hawkesbury Nursing Home Inc.

Local Queens Home for Special Care Society (Queens Manor) NSNU, Queens Home for Special Care Society, Queens Manor Local The MacGillivray Guest Home Owned and Operated by Ronald C. MacGillivray Guest Home Society NSNU, Ronald C. McGillivray Guest Home Society (the MacGillivray Guest Home) Local Richmond Housing Corporation operating as Richmond Villa Nursing Home NSNU, Richmond Housing Corporation, Richmond Villa Nursing Home Local R.K. MacDonald Nursing Home Corporation NSNU, R.K.

MacDonald Nursing Home Corporation Local Shannex Clinical Services Limited (Ryan Hall), Bridgewater NSNU, Shannex Clinical Services Limited, Ryan Hall (Bridgewater) Local Sagewood Continuing Care Community NSNU, Sagewood Continuing Care Community Local Saint Vincent’s Nursing Home NSNU, Saint Vincent’s Nursing Home Local Seaview Manor Corporation NSNU, Seaview Manor Corporation Local MacLeod Group Health Services Limited operating as Shiretown Nursing Home, Pictou NSNU, MacLeod Group Health Services Limited, Shiretown Nursing Home (Pictou) Local Shoreham Village Senior Citizens Association NSNU, Shoreham Village Senior Citizens Association Local St.

Anne Community and Nursing Care Centre NSNU, St.

Anne Community and Nursing Care Centre Local Surf Lodge Community Continuing Care Centre NSNU, Surf Lodge Community Continuing Care Centre Local Admiral LTCC NSNU, Admiral LTCC Local The Twin Oaks Senior Citizens Association, The Birches NSNU, the Twin Oaks Senior Citizens Association, The Birches Local The Cove Guest Home, Sydney NSNU, The Cove (Sydney) Local Mira Nursing Home, Truro NSNU, Mira Nursing Home (Truro) Local The Digby Town and Municipal Housing Corporation (Tideview Terrace) NSNU, the Digby Town and Municipal Housing Corporation, Tideview Terrace Local © NS Office of the Registrar of Regulations.

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N.S. Reg. 50/2019 Royal Gazette

Part II - Regulations Vol. 43, No. 8 Riverton Guest Home Corporation (Valley View Villa) NSNU, Riverton Guest Home Corporation, Valley View Villa Local Victoria Haven Nursing Home NSNU, Victoria Haven Nursing Home Local Villa Saint-Joseph-Du-Lac NSNU, Villa Saint-Joseph-Du-Lac Local Shannex Clinical Services Limited (Vimy Court), Bible Hill NSNU, Shannex Clinical Services Limited, Vimy Court (Bible Hill) Local Whitehills LTCC, Halifax NSNU, Whitehills LTCC (Halifax) Local Windsor Elms Village for Continuing Care Society NSNU, Windsor Elms Village for Continuing Care Society Local Wolfville Nursing Homes Limited, Wolfville NSNU, Wolfville Nursing Homes Limited (Wolfville) Local Nova Scotia Health Authority Nova Scotia Council of Healthcare Unions Izaak Walton Killam Health Centre Nova Scotia Council of Healthcare Unions Nova Scotia Health Authority Nova Scotia Council of Health Administrative Professional Unions Izaak Walton Killam Health Centre Nova Scotia Council of Health Administrative Professional Unions Nova Scotia Health Authority Nova Scotia Council of Nursing Unions Izaak Walton Killam Health Centre Nova Scotia Council of Nursing Unions Nova Scotia Health Authority Nova Scotia Council of Health Support Unions Izaak Walton Killam Health Centre Nova Scotia Council of Health Support Unions Melville Gardens SEIU Local 2 Nova Scotia Business Incorporated NSGEU, Local 44 Yarmouth Association for Community Residential Options NSGEU, Local 59 A and B © NS Office of the Registrar of Regulations.

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N.S. Reg. 51/2019 Royal Gazette

Part II - Regulations Vol. 43, No. 8 N.S. Reg. 51/2019 Made: March 29, 2019 Filed: March 29, 2019 Teachers’ Pension Plan Regulations–amendment Memorandum of Agreement dated March 21, 2019 and March 29, 2019 Amendment to regulations made by the Acting Minister of Finance and Treasury Board and the Nova Scotia Teachers’ Union pursuant to Sections 14 and 20 of the Teachers’ Pension Act Memorandum of Agreement Between Her Majesty The Queen in the Right of the Province of Nova Scotia Represented by the Minister of Finance and The Nova Scotia Teachers Union A Body Corporate Established Pursuant to the Teaching Profession Act, Being

Chapter 462 [of the] Revised Statutes [of Nova Scotia,] 1989

Whereas Sections 14 and 20 of

Chapter 26 of the Acts of 1998, the Teachers’ Pension Act provides that the Minister of Finance and Treasury Board (“the Minister”) and the Nova Scotia Teachers Union (“the Union”) may make regulations setting out the terms of the Teachers’ Pension Plan (“the Pension Plan”); And

whereas the Teachers’ Pension Plan Regulations (“the Regulations”) were made as of March 31, 1999, as Nova Scotia Regulations 88/1999; And

whereas the By-laws of the Union, as amended by Resolution 2000-15, authorize the Executive of the Union to exercise on behalf of the Union the powers of the Union under the Teachers’ Pension Act; And

whereas by resolution of the Executive of the Union dated March 1, 2019, the Executive approved the amendments to the Regulations as set out in

Schedule “A” attached hereto and authorized the President of the Union to sign the amendments to the Regulations on behalf of the Executive; And

whereas by Order in Council 2018-92 dated March 29, 2018, the Honourable Mark Furey was designated as Acting Minister in respect of all matters and affairs within the portfolio of the Minister of Finance and Treasury Board related to the Pension Plan; The Minister and the Union hereby amend the Regulations in the manner set forth in the attached

Schedule “A”, effective on and after April 1, 2019. Signed and sealed in the presence of: sgd. Julie Vissers Witness sgd. Jack MacLeod Witness ) ) ) ) ) ) ) ) ) ) ) sgd. Mark Furey Honourable Mark Furey Acting Minister of Finance and Treasury Board March 29, 2019 D a t e sgd. Paul Wozney Paul Wozney President, Nova Scotia Teachers Union March 21, 2019 D a t e © NS Office of the Registrar of Regulations. Web version. 151

N.S. Reg. 51/2019 Royal Gazette

Part II - Regulations Vol. 43, No. 8

Schedule “A” Amendment to the Teachers’ Pension Plan Regulations made pursuant to Sections 14 and 20 of

Chapter 26 of the Acts of 1998, the Teachers’ Pension Act 1 Subsection 1(2) of the regulations is amended by striking out “on becoming disabled” immediately after “disability pension”. 2 (1) Subsection 2(2) of the regulations is amended by striking out the clause letters before each definition. (2) Subsection 2(2) of the regulations is further amended by (

a) adding the following definition immediately after the definition of “leave of absence”: “long-term disability plan” means a long-term disability plan to which a participating employer contributes; (

b) in the definition of “medical consultant”, striking out “the granting of” immediately after “medical advice on”; (

c) in subclause (

i) of the definition of “participating employer”, striking out “a school board” and substituting “an education entity”; (

d) in the definition of “Pension Benefits Act”, striking out “R.S.N.S. 1989,

Chapter 340”; (

e) in the definition of “permanent contract”, striking out “(1)(u)” and substituting “(r)”; (

f) in the definition of “substitute teacher”, striking out “a school board” and substituting “an education entity”; (

g) in the definition of “teacher”, (

i) striking out “(aj)” and substituting “(zf)”, and (ii) striking out “1995-96, c.1”. 3 (1) Subsection 3(1) of the regulations is amended by (

a) striking out “(aj)” and substituting “(zf)”; and (

b) striking out “(aj)” in clause (

a) and substituting “(zf)”.

(2) Section 3 of the regulations is further amended by (a)* adding the following subsection immediately after subsection (2): (2A) Despite subsection (2), a person receiving a service pension under the Plan who becomes re-employed by a participating employer and teaches less than 100 days as a substitute teacher in one school year between April 1, 2019, and July 31, 2020, shall not be a member of the Plan. [*Clause lettering as in original] © NS Office of the Registrar of Regulations. Web version. 152

N.S. Reg. 51/2019 Royal Gazette

Part II - Regulations Vol. 43, No. 8 4

(1) Subsection 5(2C) of the regulations is amended by striking out “Union Long Term Disability Insurance benefits” and substituting “benefits under a long-term disability plan”.

(2) Subsection 5(2D) of the regulations is amended by striking out “Union Long Term Disability Insurance benefits” and substituting “benefits under a long-term disability plan”. (3) Clause 5(3)(

a) of the regulations is amended by striking out “school boards” and substituting “education entities”. 5 Subsection 10(2) of the regulations is amended by adding “or while receiving benefits under a long-term disability plan” immediately after “under the Plan”. 6 (1) Subsection 11(1) of the regulations is amended by (

a) adding “by a participating employer” immediately after “employed”; and (

b) adding “, other than as a substitute teacher,” immediately after “in a school year”;

(2) Section 11 of the regulations is further amended by adding the following subsection immediately after subsection (1): (1A) Despite subsection (1), a pensioner who receives a service pension and who subsequently becomes employed as a substitute teacher by a participating employer for 100 days or more in one school year between April 1, 2019, and July 31, 2020, shall notify the Plan administrator immediately. (3) Subsection 11(2) of the regulations is amended by (

a) striking out “employed” and substituting “re-employed by a participating employer for”; (

b) adding “, other than a substitute teacher,” immediately after “70 days or more in one school year”; (

c) striking out “employed” in clause (

a) and substituting “re-employed”; and (

d) striking out “employment” in clause (

b) and substituting “re-employment”.

(4) Section 11 of the regulations is further amended by adding the following subsection immediately after subsection (2): (2A) The service pension of a pensioner who is re-employed by a participating employer as a substitute teacher for 100 days or more in one school year between April 1, 2019, and July 31, 2020, shall cease effective on the 100th day of the re-employment and shall be resumed without adjustment when (

a) the pensioner ceases to be re-employed; and (

b) the total period of re-employment is less than 1 school year. (5) Subsection 11(3) of the regulations is amended by (

a) striking out “employed” in clause (

a) and substituting “re-employed”; and © NS Office of the Registrar of Regulations. Web version. 153

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Part II - Regulations Vol. 43, No. 8 (

b) striking out “employment” in clause (

b) and substituting “re-employment”. (6) Subsection 11(4) of the regulations is amended by: (

a) striking out “employed” and substituting “re-employed”; (

b) adding “, other than a substitute teacher to whom subsection (4A) applies,” immediately after “under the Plan”; (

c) striking out “employment” in clauses (

a) and (

b) and substituting “re-employment”.

(7) Section 11 of the regulations is further amended by adding the following subsection immediately after subsection (4): (4A) For greater certainty, no pensioner who becomes re-employed by a participating employer between April 1, 2019, and July 31, 2020, while in receipt of a service pension under the Plan shall receive credit for pensionable service (

a) for the first 100 days of re-employment, as a substitute teacher, in a school year; or (

b) for any period in respect of the period of re-employment if the pensioner has already earned the maximum pensionable service under the Plan or has attained the age at which a service pension must begin to be paid as specified in regulations prescribed under the Income Tax Act (Canada). 7 Subsection 18(2) of the regulations is amended by (

a) adding the following subclause immediately after subclause (a)(i): (ia) with respect to spouses who are domestic partners as defined in the Vital Statistics Act, registration of the domestic partnership took place after the pensioner’s retirement but less than 3 years before the pensioner died, or (

b) striking out “subclauses (a)(

i) and (ii)” in clause (

b) and substituting “subclauses (a)(i), (ia) and (iii)”. 8

(1) Subsection 31(1A) of the regulations is amended by striking out “Union Long Term Disability Insurance benefits” and substituting “benefits under a long-term disability plan”. (1)* Subsection 31(6) of the regulations is amended by striking out “a school board” and substituting “an education entity”. [*Numbering as in original] 9 Clause 37(1)(

a) of the regulations is amended by adding “, domestic partnership” immediately after “marriage”. 10 (1) Subsection 41(2) of the regulations is amended by (

a) striking out “, and” and substituting “, and any of the following apply, the spouse of the member or former member may apply to the court for a division of the pension benefits earned during the marriage:”; (

b) striking out “or” at the end of clause (b); © NS Office of the Registrar of Regulations. Web version. 154

N.S. Reg. 51/2019 Royal Gazette

Part II - Regulations Vol. 43, No. 8 (

c) striking out the comma at the end of clause (

c) and substituting a period; and (

d) striking out all of the text after clause (c). (2) Subsection 41(3) of the regulations is amended by striking out “the” immediately before “marriage”. © NS Office of the Registrar of Regulations. Web version. 155

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 48/2019
Date	2019-04-12
Type	gazette
Volume / chapter	just regulations rg2 2019 RG2 2019 04 12
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	8328fe9542b6b8ee5f193630cd87a32ce6512325

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