© NS Registry of Regulations. Web version. 453

Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 28, No. 23 November 12, 2004 Contents Act Reg. No.

Page Assessment Act Residential and Resource Property Taxation Assessment Regulations ................ 219/2004 456 Dairy Industry Act B u l k H a u l a g e R e g u l a t i o n s – a m e n d m e n t ....................................... 216/2004 454 – a m e n d m e n t........................................................... 220/2004 461 Youth Criminal Justice Act (Canada) Designation of Persons Who May Access Records ............................... 217/2004 455 Youth Justice Act Y o u t h J u s t i c e R e g u l a t i o n s – a m e n d m e n t ....................................... 218/2004 455 NOW AVAILABLE The fourth issue of the 2004 subscription year of the Folio®-based Nova Scotia Regulations CD-ROM, containing the consolidated regulations of Nova Scotia and the quarterly sectional index of regulations, is now available from the Office of the Registrar of Regulations.

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

N.S. Reg. 216/2004 Royal Gazette

Part II - Regulations Vol. 28, No. 23 454 © NS Registry of Regulations. Web version. N.S. Reg. 216/2004 Made: July 15, 2004 Filed: October 28, 2004 Bulk Haulage Regulations Order dated July 15, 2004 made by the Dairy Farmers of Nova Scotia and approved by the Natural Products Marketing Council pursuant to clause 15(1)(

b) of the Dairy Industry Act Dairy Farmers of Nova Scotia The Dairy Farmers of Nova Scotia, pursuant to clause 15(1)(

b) of

Chapter 24 of the Acts of 2000, the Dairy Industry Act, at a meeting held on June 22, 2004, amended the Bulk Haulage Regulations in the manner set out in the form attached to this certificate as

Schedule “A”, effective on and after August 1, 2004. Dated and signed at Truro, Nova Scotia July 22, 2004. Sgd: B. Cameron Brian Cameron General Manager Dairy Farmers of Nova Scotia Approved by the Natural Products Marketing Council at Truro, Nova Scotia, July 15, 2004. Sgd: G. Burris George D. Burris General Manager Natural Products Marketing Council

Schedule “A” Amendments to the Bulk Haulage Regulations made by the Dairy Farmers of Nova Scotia pursuant to clause 15(1)(

b) of

Chapter 24 of the Acts of 2000, the Dairy Industry Act Clause 7(

a) of the Bulk Haulage Regulations made by the Dairy Farmers of Nova Scotia and approved by the Natural Products Marketing Council on August 13, 2002, is amended by (

a) striking out “$2.24” directly opposite “Bedfo rd Transport Limited” and substituting “$2.26”; (

b) striking out “$2.62” directly opposite “Scotsburn Co-op[erative] Services Limited” and substituting “$2.63”; (

c) striking out “$1.81” directly opposite “Fishe r Transport Limited” and substituting “$1.82”; (

d) striking out “$2.50” directly opposite “Rudy Burghardt” and substituting “$2.51”; (

e) striking out “$1.80” directly opposite “Cook’ s Dairy Farm Limited” and substituting “$1.81”

N.S. Reg. 217/2004 to 218/2004 Royal Gazette

Part II - Regulations Vol. 28, No. 23 © NS Registry of Regulations. Web version. 455 N.S. Reg. 217/2004 to 218/2004 Made: October 28, 2004 Filed: November 1, 2004 Designation of Persons Who May Access Records and Youth Justice Regulations Order in Council 2004-409 dated October 28, 2004 Regulations and amendments to regulations made by the Governor in Council pursuant to clause 119(1)(

r) of the Youth Criminal Justice Act (Canada) and

Section 37 of the Youth Justice Act The Governor in Council on the report and recommendation of the Attorney General dated September 21, 2004, is pleased, effective on and after October 28, 2004, (

a) pursuant to paragraph 119(1)(

r) of Chapte r 1 of the Statutes of Canada 2002, the Youth Criminal Justice Act, to designate classes of persons for the purpose of the Youth Criminal Justice Act, as set out in

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

b) pursuant to

Section 37 of

Chapter 38 of the Acts of 2001, the Youth Justice Act, to amend the Youth Justice Regulations, N.S. Reg. 191/2003, made by the Governor in Council by Order in Council 2003-472 dated November 14, 2003, to identify persons to whom records may be disclosed under subsection 32(1) of the Youth Justice Act, in the manner set forth in

Schedule “B” attached to and forming part of the report and recommendation. N.S. Reg. 217/2004 Designation of Persons Who May Access Records

Schedule “A” Designation of Classes of Persons who may Access Records made under paragraph 119(1)(

r) of the Youth Criminal Justice Act (Canada) The following persons are designated as persons or classes of persons under paragraph 119(1)(

r) of the Youth Criminal Justice Act (Canada) who shall have access to records kept pursuant to

Section 114 of the Youth Criminal Justice Act (Canada) and may have access to records kept pursuant to

section 115 or 116 of the Youth Criminal Justice Act (Canada): (

a) persons employed by the Department of Justi ce or the Department of Service Nova Scotia and Municipal Relations whose duties include the collection of money paid in fines or the collection of statistical data, for the purpose of the collection of the fines or statistical data; (

b) the Director of Finance, Corporate Services Unit in the Department of Justice, the Executive Director of Program Management and Corporate Services in the Department of Service Nova Scotia and Municipal Relations and the Director of Financial Services, Corporate Services Unit in the Department of Finance, for the purpose of fulfilling their duties; (

c) the Auditor General of Nova Scotia, for the purpose of fulfilling duties under the Auditor General Act; (

d) the Registrar of Motor Vehicles, for the purpose of recording in the Registry of Motor Vehicles the name and offence of any young person who is found guilty of a motor vehicle-related offence;

N.S. Reg. 217/2004 to 218/2004 - 219/2004 Royal Gazette

Part II - Regulations Vol. 28, No. 23 456 © NS Registry of Regulations. Web version. (

e) insurers, at the discretion of the Registrar of Motor Vehicles and in accordance with

Section 241 of the Motor Vehicle Act and limited to records held by the Registry of Motor Vehicles respecting young persons who have been found guilty of motor vehicle related offences; and (

f) persons employed by the Department of Justi ce in the Security Programs office for the purposes of making inquiries and investigation under

Section 6 of the Private Investigators and Private Guards Act. N.S. Reg. 218/2004 Youth Justice Regulations

Schedule “B” Amendments to the Youth Justice Regulations made by the Governor in Council pursuant to

Section 37 of

Chapter 38 of the Acts of 2001, the Youth Justice Act The Youth Justice Regulations[, N.S. Reg. 191/2003,] made by the Governor in Council by Order in Council 2003-472, dated November 14, 2003, are amended by adding the following

Section immediately after

Section 2: Access to records 3 For the purposes of subsection 32(1) of the Youth Justice Act, records concerning an offence by a young person may be disclosed to (

a) a person or class of persons designated by th e Governor in Council in

Schedule “A” to this Order in Council under paragraph 119(1)(

r) of the Youth Criminal Justice Act (Canada), for the purposes specified in the designation; or (

b) a person employed by a municipality whose duties include the collection of money paid in fines or the collection of statistical data, for the purpose of the collection of the fines or statistical data. N.S. Reg. 219/2004 Made: October 28, 2004 Filed: November 1, 2004 Residential and Resource Property Taxation Assessment Regulations Order in Council 2004-415 dated October 28, 2004 Regulations made by the Governor in Council pursuant to

Section 179 of the Assessment Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Municipal Relations dated October 21, 2004, and pursuant to

Section 179 of

Chapter 23 of the Revised Statutes of Nova Scotia, 1989, the Assessment Act, is pleased to make regulations respecting residential and resource property taxation in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after October 28, 2004.

N.S. Reg. 219/2004 Royal Gazette

Part II - Regulations Vol. 28, No. 23 © NS Registry of Regulations. Web version. 457

Schedule “A” Regulations Respecting Residential and Resource Property Taxation Assessment made by the Governor in Council pursuant to

Section 179 of

Chapter 23 of the Revised Statutes of Nova Scotia, 1989, the Assessment Act Citation 1 These regulations may be cited as the Residential and Resource Property Taxation Assessment Regulations.

Definitions 2 In these regulations, “Act” means the Assessment Act. Classes of residential property 3 Taxable residential property that is vacant or, if improved, has no greater than 3 dwelling units is prescribed as a class of residential property to which

Section 45A of the Act applies. Classes of taxable resource property 4 Taxable resource land that is vacant is prescribed as a class of taxable resource property to which

Section 45A of the Act applies. Classes of persons 5( 1 ) Corporations that are family trusts or farmers’ cooperatives whose head offices are in the Province and in which the majority of the issued and outstanding shares are owned or beneficially owned by persons who are ordinarily resident in the Province for more than 183 days in a calendar year are prescribed as a class of persons for the purposes of clause 45A(2)(

e) of the Act.

(2) Brothers and sisters who are the owners of property conveyed to them or inherited by them as persons listed in subsection 45A(5) of the Act are prescribed as a class of persons for the purposes of clause 45A(2)(

e) of the Act. Percentage for purpose of calculating taxable assessed value 6 The percentage used for the purpose of calculating the taxable assessed value of a property pursuant to

Section 45A is prescribed as follows: (a) 15%, for the municipal taxation year 2002-2003; (b) 15%, for the municipal taxation year 2003-2004; (c) 10%, for the municipal taxation year 2004-2005; (d) 10%, for the municipal taxation year 2005-2006. Municipal taxation year as base year 7 The 2005-2006 municipal taxation year is prescribed as the base year for the purpose of

Section 45A of the Act. Proof of residency 8 The proof of residency required under subsection 45A(9) of the Act must be provided (

a) in the form of a copy of the resident’s Nova Scotia Health Card, and attached to Form 3;

N.S. Reg. 219/2004 Royal Gazette

Part II - Regulations Vol. 28, No. 23 458 © NS Registry of Regulations. Web version. (

b) each year in which the owner of the property is claiming to be ordinarily resident in the Province; and (

c) no later than November 30 th in the year immediately before the applicable municipal taxation year, except for the purpose of the 2005-06 municipal taxation year when notice must be given no later than November 30, 2004. Forms 9( 1 ) A notice of a transfer or devolution under subsection 45A(5) of the Act may be as set out in Form 1.

(2) A notice of acquisition under subsection 45A(6) or 45A(7) of the Act may be as set out in Form 2.

(3) A notice of residency under subsection 45A(7) or clause 45A(8)(

a) of the Act and proof of residency under subsection 45A(9) of the Act may be as set out in Form 3.

(4) A notice of conversion under subsection 45A(6) or clause 45A(8)(

b) of the Act may be as set out in Form 4.

Form 1 Notice of Transfer or Devolution (pursuant to subsection 45A(5) of the Assessment Act) To: The Director of Assessment I, ______________________________ (name of person submitting notice), hereby give notice that the real property or a partial interest in the real property located at ______________________________ (street) in ________________________ (city, town, municipality), County of ____________________, Assessment Account Number ______________________________, has been (check one) G transferred G devolved pursuant to subsection 45A(5) of the Assessment Act on the _______ day of _____________, 20____, to ____________________________________, (name of recipient) a (check one) G spouse, child, grandchild, great-grandchild, parent or grandparent of an owner of the property, or G a member of a class of persons prescribed for the purposes of subsection 45A(5) of the Act.

Dated at ________________________ , Province of ________________, this _____ day of ________________, 20___. ________________________ Signature

N.S. Reg. 219/2004 Royal Gazette

Part II - Regulations Vol. 28, No. 23 © NS Registry of Regulations. Web version. 459 Form 2 Notice of Acquisition (pursuant to subsections 45A(6) and 45A(7) of the Assessment Act) To: The Director of Assessment I/We, ____________________________ (name(

s) of person(

s) submitting notice), hereby give notice that the real property located at _________________________________ (street), in __________________________ (city, town, municipality) County of ________________, Assessment Account Number _________________________, was acquired on the _______ day of __________________, 20____. Dated at ________________________ , Province of ________________, this _____ day of ________________, 20___. ___________________________ Signature Form 3 Notice of Residency (pursuant to subsection 45A(7), clause 45A(8)(

a) and subsection 45A(9) of the Assessment Act) To: The Director of Assessment I/We, ________________________________ (name(

s) of person(

s) submitting notice), of _____________________________ (street) in ________________________ (city, town, municipality), County of _____________________, Assessment Account Number _________________________________, hereby give notice, (

a) pursuant to clause 45A(8)(

a) of the Assessment Act, that _____________________________ (name) ceased to be ordinarily resident in the Province of Nova Scotia as of [the] __________ day of ______________________, 20___. OR (

b) pursuant to subsection 45A(7) or 45A(9) of the Assessment Act, that ________________________ _____________________________ (name) became a resident of the Province of Nova Scotia on the _________ day of _________________________, 20_____ and a copy of their Nova Scotia Health Card is attached as proof of residency. (Do not send original.) (Please complete one of (

a) or (

b) above.) Dated at ________________________, Province of ________________, this _____ day of ________________, 20___. _________________________ Signature

N.S. Reg. 219/2004 Royal Gazette

Part II - Regulations Vol. 28, No. 23 460 © NS Registry of Regulations. Web version. Form 4 Notice of Conversion (pursuant to subsection 45A(6) and clause 45A(8)(

b) of the Assessment Act) To: The Director of Assessment I/We, _______________________________ (name(

s) of person(

s) submitting notice), hereby give notice that the real property located at _______________________________ (street) in _______________________ (city, town, municipality), County of _____________________, Assessment Account Number __________________, has been converted: (Please check and complete one of (

a) or (

b) below.) G (

a) pursuant to subsection 45(6) of the Assessment Act, to the class of property described in: G clause 45A(2)(

a) of the Act (residential property having no more than one dwelling unit on a single lot) G clause 45A(2)(

b) of the Act (residential property of a prescribed class) G clause 45A(2)(

c) of the Act (taxable resource property of a prescribed class) of which at least a half interest is owned by G _____________________________ (name(s)), who is/are an individual/individuals ordinarily resident in the Province of Nova Scotia in accordance with clause 45A(2)(

d) of the Act, and/or G _____________________________ (name(s)), who is/are a member/members of a prescribed class of persons in accordance with clause 45A(2)(

e) of the Act; OR G (

b) pursuant to clause 45A(8)(

b) of the Assessment Act, to a class of property not described in or prescribed for the purpose of subsection 45A(2) of the Act, on the ______ day of _______________, 20___ (date of conversion). Dated at ________________________, Province of ________________, this _____ day of ________________, 20___. _________________________ Signature

N.S. Reg. 220/2004 Royal Gazette

Part II - Regulations Vol. 28, No. 23 © NS Registry of Regulations. Web version. 461 N.S. Reg. 220/2004 Made: October 19, 2004 Filed: November 1, 2004 Bulk Haulage Regulations Order dated October 19, 2004 made by the Dairy Farmers of Nova Scotia and approved by the Natural Products Marketing Council pursuant to clause 15(1)(

b) of the Dairy Industry Act Dairy Farmers of Nova Scotia The Dairy Farmers of Nova Scotia, pursuant to clause 15(1)(

b) of

Chapter 24 of the Acts of 2000, the Dairy Industry Act, at a meeting held on September 22, 2004, amended the Bulk Haulage Regulations in the manner set out in the form attached to this certificate as

Schedule “A”, effective on and after November 1, 2004. Dated and signed at Truro, Nova Scotia October 25, 2004. Sgd: Brian Cameron Brian Cameron General Manager Dairy Farmers of Nova Scotia Approved by the Natural Products Marketing Council at Truro, Nova Scotia, October 19, 2004. Sgd: G. Burris George D. Burris General Manager Natural Products Marketing Council

Schedule “A” Amendments to the Bulk Haulage Regulations made by the Dairy Farmers of Nova Scotia pursuant to clause 15(1)(

b) of

Chapter 24 of the Acts of 2000, the Dairy Industry Act Clause 7(

a) of the Bulk Haulage Regulations made by the Dairy Farmers of Nova Scotia and approved by the Natural Products Marketing Council on August 13, 2002, is amended by (

a) striking out “$2.26” directly opposite “Bedfo rd Transport Limited” and substituting “$2.28”; (

b) striking out “$2.63” directly opposite “Scotsbur n Co-operative Services Limited” and substituting “$2.65”; (

c) striking out “$1.82” directly opposite “Fishe r Transport Limited” and substituting “$1.83”;

N.S. Reg. 220/2004 Royal Gazette

Part II - Regulations Vol. 28, No. 23 462 © NS Registry of Regulations. Web version. (

d) striking out “$2.51” directly opposite “Rudy Burghardt” and substituting “$2.53”; (

e) striking out “$1.81” directly opposite “Cook’s Dairy Farm Limited” and substituting “$1.82”.