Output-Based Pricing System Reporting and Compliance Regulations
N.S. Reg. 24/2024
Nova Scotia — Gazette
Volume 48, No. 4 February 23, 2024
Part II Halifax, Nova Scotia Regulations under the Regulations Act Published by Authority Contents Act Reg. No.
Page Dairy Industry Act Bulk Haulage Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26/2024 61 Environment Act Output-Based Pricing System Reporting and Compliance Regulations. . . . . . . . . . . . . . . . 24/2024 45 Gaming Control Act Interprovincial Ticket Lotteries Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29/2024 63 Petroleum Products Pricing Act Prescribed Petroleum Products Prices (dispensed from publication) . . . . . . . . . . . . . . . . . . 27/2024 63 Prescribed Petroleum Products Prices (dispensed from publication) . . . . . . . . . . . . . . . . . . 28/2024 63 Probate Act Probate Court Practice, Procedure and Forms Regulations–amendment . . . . . . . . . . . . . . . 25/2024 57 Provincial Parks Act Ainslie Point Provincial Park Designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37/2024 87 Black Duck Cove Provincial Park Designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35/2024 83 Cape George Provincial Park Designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44/2024 101 Cookville Provincial Park Designation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33/2024 79 False Bay Provincial Park Designation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34/2024 81 Five Islands Provincial Park Designation of Additional Lands . . . . . . . . . . . . . . . . . . . . . . 43/2024 99 Gaspereaux River Provincial Park Designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31/2024 75 Herring Cove Provincial Park Designation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40/2024 93 Jerry Lawrence Provincial Park Designation of Additional Lands . . . . . . . . . . . . . . . . . . . 45/2024 103 MacKenzie Beach Provincial Park Designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46/2024 105 Merigomish Harbour Provincial Park Designation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47/2024 107 New Harbour Provincial Park Designation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38/2024 89 North Mountain Provincial Park Designation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41/2024 95 Orangedale Provincial Park Designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36/2024 85 Pomquet Beach Provincial Park Designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32/2024 77 Tor Bay Provincial Park Designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42/2024 97 Uisge Bàn Falls Provincial Park Designation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39/2024 91 Public Service Act Deputy Minister Pension Arrangement Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30/2024 73 43
Table of Contents (cont.) Royal Gazette
Part II - Regulations Vol. 47, No. 26 In force date of regulations: As of November 28, 2023*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act. A regulation comes into force on the date it is filed unless the regulation states that it comes into force on a later date, or the Act that the regulation is made under authorizes the regulation to come into force on a date earlier than the date it was filed or authorizes another method of coming into force. *Date that subsections 3(4) and (5) of
Chapter 54 of the Acts of 2022,
An Act to Amend
Chapter 393 of the Revised Statutes, 1989, the Regulations Act, were proclaimed in force. 44
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Part II - Regulations Vol. 48, No. 4 N.S. Reg. 24/2024 Made: January 30, 2024 Filed: January 31, 2024 Output-Based Pricing System Reporting and Compliance Regulations Order in Council 2024-30 dated January 30, 2024 Regulations made by the Governor in Council pursuant to
Section 112ZJ of the Environment Act The Governor in Council on the report and recommendation of the Minister of Environment and Climate Change dated December 29, 2023, and pursuant to
Section 112ZJ of
Chapter 1 of the Acts of 1994-95, the Environment Act, is pleased to make regulations respecting output-based pricing system reporting and compliance, in the form set forth in
Schedule “A” attached to and forming part of the report and recommendation, effective on and after January 1, 2023.
Schedule “A” Regulations Respecting Output-Based Pricing System Reporting and Compliance made by the Governor in Council under
Section 112ZJ of
Chapter 1 of the Acts of 1994-95, the Environment Act
Interpretation Citation 1 These regulations may be cited as the Output-Based Pricing System Reporting and Compliance Regulations.
Definitions 2 In these regulations, “Act” means the Environment Act; “baseline emissions intensity” means the quotient obtained by dividing the baseline emissions level for a product in commercial production at a regulated facility by the regulated facility’s baseline production level for the product; “baseline emissions level” means the average total quantity of regulated emissions by a regulated facility resulting from the commercial production of a product calculated on the basis of the baseline years for the regulated facility; “baseline production level” means the average total annual quantity of a product commercially produced at a regulated facility calculated on the basis of the baseline years for the regulated facility; “baseline years” means the years chosen in accordance with the standards by the owner or operator of a regulated facility to calculate a baseline emissions level or baseline production level and that are approved by the Minister; “commercial production” means the production of a product or extraction of minerals, solid materials, liquids or gases for any of the following purposes: 45
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i) sale, (ii) transfer, (iii) distribution; “compliance period” means the period described in
Section 3; “emissions intensity” means the intensity of regulated emissions; “performance standards reduction factor” means a percentage set out in Table 1 or 2 of
Schedule A that applies for a given reduction period to a product commercially produced at a regulated facility, but which does not apply to electricity generated by a regulated facility; “qualified person” means a person who (
i) is contracted by a owner or operator of a regulated facility to verify the information in a report that is required to be produced under an output-based pricing system and produce a verification report, (ii) holds a valid certificate of qualification, and (iii) meets the eligibility requirements in
Section 14; “standards” means the Output-Based Pricing System Reporting and Compliance Standard published by the Minister, as supplemented, amended, added to, replaced or superseded, and any other standards made under these regulations; “standby period” means a period covered by an order of the Minister issued under
Section 18; “verification report” means a written report that meets all of the following criteria: (
i) it verifies the information that is contained in an earlier report and that earlier report is (
A) about a regulated facility, and (
B) required to be produced under an output-based pricing system, (ii) it is prepared by 1 or more qualified persons, (iii) it is prepared in accordance with the standards; “year” means a calendar year. Compliance Periods and Reduction Periods Compliance period 3
(1) For the purposes of the Act and these regulations, a compliance period is any year in which a regulated facility is subject to these regulations and is required, in accordance with these regulations and the standards, to reduce its emissions intensity.
(2) The first compliance period for a regulated facility is the first year in which the regulated facility becomes subject to these regulations. 46
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(3) Despite subsections (1) and (2), the Minister may provide written notice to the owner or operator of a regulated facility that the regulated facility is excluded from any portion of a compliance period if the Minister considers it just and equitable to do so. Reduction period 4 The owner or operator of a regulated facility must determine a reduction period, in accordance with the standards, to determine any of the following: (
a) the performance standards reduction factor for a product in commercial production at the regulated facility; (
b) for a regulated facility that engages in fossil fuel-based electricity generation, the performance standards for the electricity generated by a given type of fossil fuel at the regulated facility. Emissions Reduction Requirements and Emission-Related Calculations and Adjustments Requirement to reduce emissions intensity 5 Under subsection 112W(1) of the Act, the owner or operator of a regulated facility must reduce, in accordance with these regulations and the standards, the emissions intensity at the regulated facility.
Performance standards reduction factor or performance standards used to calculate emissions limit for regulated facility 6 In calculating an emissions limit for a regulated facility in accordance with the standards, the owner or operator of the regulated facility must, (
a) for a product other than electricity that is classified as emissions intensive and trade exposed in accordance with the standards, determine the performance standards reduction factor for the regulated facility in a given reduction period using Table 1 of
Schedule A; (
b) for a product other than electricity that is classified as non-emissions intensive and non-trade exposed in accordance with the standards, determine the performance standards reduction factor for the regulated facility in a given reduction period using Table 2 of
Schedule A; and (
c) for a regulated facility that engages exclusively in electricity generation, determine the performance standards for the electricity generated by each fossil fuel type at the regulated facility in a given reduction period using Table 3 of
Schedule A. Baselines for regulated facility 7
(1) The owner or operator of a regulated facility must perform all of the following tasks and perform those tasks in accordance with the standards: (
a) establish the baseline years for the regulated facility; (
b) establish the baseline emissions level, baseline production level and baseline emissions intensity for each product commercially produced at the regulated facility; (
c) report the information in clauses (
a) and (
b) to the Minister; (
d) submit a verification report verifying the information reported under clause (
c) to the Minister.
(2) A verification report described in clause (1)(
d) is subject to the approval of the Minister. 47
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(3) If the verification report described in clause (1)(
d) is adverse to the regulated facility or qualifies any of the information reported under clause (1)(c), the Minister may issue a written order stating that the owner or operator of the regulated facility must undertake any corrective actions specified in the order within the time period specified in the order.
(4) An owner or operator of a regulated facility who is issued an order by the Minister under subsection (3) must comply with the order.
(5) The owner or operator of a regulated facility must advise the Minister, in writing, of the occurrence of any of the following within 30 days of the date of the occurrence: (
a) the regulated facility commences commercial production of a new product; (
b) the regulated facility ceases commercial production of an existing product; (
c) commercial production at the regulated facility decreases, but does not cease, due to the decommissioning of the regulated facility; (
d) the emissions intensity at the regulated facility reduces by 10% or more in a compliance period; (
e) changes made to quantification methodologies result in deviations from previously calculated regulated emissions.
(6) Subject to subsection (7), the Minister may review a baseline emissions intensity and adjust the baseline emissions intensity or require the owner or operator of a regulated facility to adjust the baseline emissions intensity to the satisfaction of the Minister if 1 of the following applies: (a) 1 of the events described in subsection (5) has occurred; (
b) the Minister believes that the baseline emissions intensity as established by the owner or operator of the regulated facility is inaccurate.
(7) Before the Minister exercises the authority in subsection (6) to adjust or require the owner or operator of a regulated facility to adjust a baseline emissions intensity, the Minister must do all of the following: (
a) provide the owner or operator of the regulated facility with written notice of the Minister’s decision to adjust or require the adjustment of the baseline emissions intensity and the reasons for that decision; (
b) give the owner or operator of the regulated facility an opportunity to make written representations to the Minister about the Minister’s decision to adjust or require the adjustment of the baseline emissions intensity within 30 days of receiving the written notice of the Minister’s decision described in clause (a). Application to adjust baseline emissions intensity 8
(1) If any of the events described in subsection 7(5) occur or if the Minister believes that it is appropriate, the owner or operator of a regulated facility may, in accordance with the standards and subsection (2), apply to the Minister for authorization to adjust the baseline emissions intensity for any product commercially produced at the regulated facility.
(2) An application described in subsection (1) must meet all of the following criteria: 48
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a) it must be submitted in a form and manner satisfactory to the Minister; (
b) it must be submitted on or before the deadline for the compliance period in which the adjusted baseline emissions intensity is to apply, as established in the standards; (
c) it must include the information required by the standards and the Minister. Emissions limit for and total quantity of regulated emissions by regulated facility 9
(1) In accordance with the standards, for every compliance period, the owner or operator of a regulated facility must determine the emissions limit for the regulated facility and the total quantity of regulated emissions by the regulated facility.
(2) If the Minister decides that the owner or operator of a regulated facility has not complied with the standards when determining the emissions limit for the regulated facility or the total quantity of regulated emissions by the regulated facility, the Minister must (
a) advise the owner or operator of the regulated facility of that decision and the reasons for it in writing; and (
b) specify the procedures that are in accordance with the standards that the owner or operator of the regulated facility must follow when making the determination.
(3) The owner or operator of the regulated facility must follow the procedures specified by the Minister under clause (2)(b). Compliance Obligations and Compliance Options Compliance obligations 10
(1) The Minister must impose a compliance obligation on a regulated facility if the total quantity of regulated emissions by the regulated facility exceeds the emissions limit for that regulated facility in a compliance period.
(2) Despite subsection (1), the Minister may, in the circumstances outlined in the standards, exempt a regulated facility from all or a portion of a compliance obligation imposed because the total quantity of regulated emissions by the regulated facility exceeded the emissions limit for that regulated facility.
(3) A compliance obligation imposed by the Minister on a regulated facility, expressed in tonnes of carbon dioxide equivalent of greenhouse gases, for a given compliance period must be calculated in accordance with the following formula: compliance obligation = A - B in which A = the total quantity of regulated emissions by the regulated facility in the compliance period, expressed in tonnes of carbon dioxide equivalent of greenhouse gases, B = the emissions limit for the regulated facility for the compliance period, expressed in tonnes of carbon dioxide equivalent of greenhouse gases.
(4) A compliance obligation imposed by the Minister on a regulated facility under subsection (1) must be issued in writing and in accordance with the standards. 49
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Part II - Regulations Vol. 48, No. 4 Compliance options 11
(1) On or before the date prescribed in the standards, a regulated facility must, in accordance with the standards, fulfil a compliance obligation that has been imposed on it by the Minister under
Section 10 using 1 or more of the following: (
a) fund credits; (
b) performance credits awarded by the Minister, if any; (
c) offset credits granted or recognized by the Minister, if any.
(2) If a regulated facility fails to fulfil a compliance obligation using the means described in subsection (1), the regulated facility must pay the amount calculated in accordance with subsection (3) into the Fund.
(3) The dollar amount of an unfulfilled compliance obligation must be calculated in accordance with the following formula: unfulfilled compliance obligation = (A - B) × C in which A = the compliance obligation calculated in accordance with subsection 10(3), expressed in tonnes of carbon dioxide equivalent of greenhouse gases, B = the fulfilled compliance obligation, expressed in tonnes of carbon dioxide equivalent of greenhouse gases, C = the dollar amount per tonne of carbon dioxide equivalent of greenhouse gases that corresponds with the year in which the compliance period falls, as set out in the following table: Compliance period year Dollar amount per tonne of carbon dioxide equivalent of greenhouse gases 2023 $65 2024 $80 2025 $95 2026 $110 2027 $125 2028 $140 2029 $155 2030 and subsequent years $170
(4) For the purposes of subsection 112ZC(6) of the Act, any amount that is required to be paid into the Fund under the Act and the regulations that remains unpaid will bear interest at the rate set out in subsection 3(1) of the Revenue Act Regulations made under the Revenue Act. Fund credits 12
(1) A regulated facility may obtain a fund credit by paying money into the Fund in accordance with these regulations. 50
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(2) A regulated facility must not obtain more fund credits than required to fulfil the regulated facility’s compliance obligation for a given compliance period.
(3) The purchase price of fund credits per tonne of carbon dioxide equivalent of greenhouse gases is as set out in the following table: Compliance period year Purchase price of fund credits per tonne of carbon dioxide equivalent of greenhouse gases 2023 $65 2024 $80 2025 $95 2026 $110 2027 $125 2028 $140 2029 $155 2030 and subsequent years $170
(4) If a regulated facility obtains fund credits, the Minister must do all of the following: (
a) create a serial number for each fund credit; (
b) record the serial numbers of the fund credits in the registry described in
Section 112ZA of the Act; (
c) notify the regulated facility of the serial numbers of its fund credits.
(5) A fund credit obtained for a compliance period must only be used for that compliance period.
(6) If the owner or operator of a regulated facility submits a revised greenhouse gas emissions report for the regulated facility for a previous compliance period and the regulated facility requires additional fund credits to fulfil all or a portion of its compliance obligations for that previous compliance period, fund credits may be obtained by the regulated facility for use in that previous compliance period at the rate corresponding to that previous compliance period.
(7) If the owner or operator of a regulated facility that purchased fund credits to fulfill all or a portion of the regulated facility’s compliance obligations for a year submits a revised greenhouse gas emissions report for the regulated facility and, based on the revised greenhouse gas emissions report, it is determined that the regulated facility did not need some or all of the fund credits it purchased, the Minister may issue 1 performance credit for each excess fund credit that the regulated facility purchased. Performance credits 13
(1) If the total quantity of regulated emissions by a regulated facility in a compliance period is less than the emissions limit for the regulated facility for that compliance period, the Minister must issue 1 or more performance credits to the owner or operator of the regulated facility except in the circumstances outlined in the standards.
(2) The number of performance credits issued under subsection (1) must be calculated in accordance with the following formula: number of performance credits = EL - TVE 51
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Part II - Regulations Vol. 48, No. 4 in which EL = the emissions limit for the regulated facility for the compliance period, as determined in accordance with
Section 9, TVE = the quantity of total verified emissions for the regulated facility in the compliance period.
(3) One performance credit represents 1 tonne of carbon dioxide equivalent of greenhouse gases.
(4) If the Minister determines that an owner or operator of a regulated facility is eligible for performance credits, the Minister must do all of the following: (
a) create a serial number for each performance credit; (
b) record the serial numbers of the performance credits in the registry described in
Section 112ZA of the Act; (
c) notify the owner or operator of the regulated facility of the serial numbers of its performance credits.
(5) A performance credit expires on December 31 of the year that is 7 years from the year in which it was first earned.
(6) Performance credits may be transferred from the owner or operator of 1 regulated facility to the owner or operator of another regulated facility, but the transfer is not effective until it is recorded in the registry described in
Section 112ZA of the Act.
(7) The owners or operators of regulated facilities that are involved in a transfer of performance credits must provide all of the following information to the Minister in a form determined by the Minister: (
a) the number of performance credits being transferred and the serial number of each performance credit being transferred; (
b) the name of the owner or operator of the regulated facility (
i) transferring the performance credits, and (ii) receiving the performance credits; (
c) the facility registration number of the regulated facility (
i) transferring the performance credits, and (ii) receiving the performance credits; (
d) the name of the individual designated to transfer the performance credits on behalf of the owner or operator of the transferring regulated facility; (
e) confirmation from the owner or operator of the regulated facility transferring the performance credits and the owner or operator of the regulated facility receiving the performance credits that the transfer has been authorized; 52
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f) the date of the transfer; (
g) any other information required by the Minister.
(8) If an owner or operator of a regulated facility that was issued performance credits for a compliance period submits a revised greenhouse gas emissions report within 5 years of the date the original greenhouse gas emissions report was submitted and, based on the revised greenhouse gas emissions report, it is determined that the owner or operator of the regulated facility was entitled to 1 of the following, the Minister may take the corresponding action: (
a) if the owner or operator of the regulated facility was entitled to more performance credits than the owner or operator of the regulated facility received, the Minister may issue the additional performance credits to the owner or operator of the regulated facility; (
b) if the owner or operator of the regulated facility was entitled to fewer performance credits than the owner or operator of the regulated facility received, the Minister may do any of the following: (
i) retire the performance credits that the owner or operator of the regulated facility received in excess of the number to which the owner or operator of the regulated facility was entitled, (ii) if the owner or operator of the regulated facility no longer has some or all of the excess performance credits, either (
A) withhold the number of excess performance credits previously issued from the performance credits to be issued to the owner or operator of the regulated facility in a future year, or (
B) require the owner or operator of the regulated facility to purchase fund credits at the price of fund credits in the year in which the performance credits were issued to the owner or operator of the regulated facility. Qualified Persons and Reporting Qualified persons 14
(1) A person is eligible to be a qualified person for a regulated facility if they meet the qualifications set out in the standards and are not any of the following: (
a) an employee, agent or officer of the owner or operator of the regulated facility; (
b) the manager, owner or operator of the regulated facility; (
c) an employee, agent or officer of an affiliate of the owner or operator of the regulated facility; (
d) an employee or agent of the Province.
(2) For the purposes of this Section, an external consultant for an owner or operator of a regulated facility is not considered to be an agent of an owner or operator of a regulated facility.
(3) When verifying information, a qualified person must comply with the requirements established in the standards. 53
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Part II - Regulations Vol. 48, No. 4 Greenhouse gas emissions report 15
(1) The owner or operator of a regulated facility must submit to the Minister a greenhouse gas emissions report for each compliance period in accordance with the standards and within the time period prescribed in the standards.
(2) A greenhouse gas emissions report submitted under subsection (1) must contain all of the following: (
a) the information required by the standards; (
b) evidence that the total quantity of regulated emissions by the regulated facility is below, meets or exceeds the emissions limit for the regulated facility for the compliance period; (
c) a declaration signed by the owner or operator of the regulated facility in the manner required by the standards.
(3) A greenhouse gas emissions report submitted under subsection (1) must be verified by a verification report, in accordance with the standards and to the satisfaction of the Minister.
(4) The Minister may issue a written order for any of the following reasons requiring that an owner or operator of a regulated facility make any changes the Minister may specify to a verification report or greenhouse gas emissions report and submit an updated version of the verification report or greenhouse gas emissions report to the Minister within the time period specified in the order: (
a) during the document retention period established in
Section 17, the Minister determines that the greenhouse gas emissions report contains errors or omissions; (
b) the verification report or greenhouse gas emissions report is adverse to the regulated facility.
(5) An owner or operator of a regulated facility that is issued an order by the Minister under subsection (4) must comply with the order. Compliance report 16
(1) In accordance with the standards, the owner or operator of a regulated facility must submit a compliance report to the Minister for any compliance period in which the total quantity of regulated emissions by the regulated facility exceeds the emissions limit for the regulated facility.
(2) A compliance report described in subsection (1) must be submitted within the time period prescribed in the standards.
(3) A compliance report described in subsection (1) must contain all of the following information: (
a) confirmation satisfactory to the Minister that the regulated facility met any applicable compliance obligations for the compliance period; (
b) any information required by the standards. Record Keeping Record keeping 17 An owner or operator of a regulated facility who submits a report to the Minister under
Section 112ZG of the Act must retain all documents and information that support the report for a minimum of 7 years after the date on which the report was submitted, including all of the following: 54
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a) registration documents; (
b) information about all transactions made by the regulated facility that are related to compliance options, including all of the following: (
i) transactions between the regulated facility and the Minister, (ii) transactions between the regulated facility and other regulated facilities; (
c) all documentation related to or used to generate any reports, forms and other documents used to compile the report. Standby and Decommissioning Standby 18
(1) On the application of the owner or operator of a regulated facility, the Minister may issue an order declaring that the regulated facility is in a standby period if the Minister is satisfied that 1 of the following circumstances applies: (
a) a baseline production level has been established for each product commercially produced at the regulated facility and the Minister is satisfied that commercial production at the regulated facility has halted for at least 3 consecutive months and that the halt in production is not part of the normal operations of the regulated facility and therefore not used to establish a baseline production level; (
b) a baseline production level has not been established for each product commercially produced at the regulated facility and the Minister is satisfied that it was necessary to halt commercial production at the regulated facility for at least 3 consecutive months.
(2) If an order is issued declaring that a regulated facility is in a standby period under subsection (1), the owner or operator of the regulated facility is not required to have any greenhouse gas emissions reports for the regulated facility verified by a verification report under subsection 15(3) and the regulated facility is not subject to the imposition of compliance obligations.
(3) The owner or operator of a regulated facility that enters or is in a standby period during a compliance period is subject to the requirement that greenhouse gas emissions reports for the regulated facility be verified by verification reports and the regulated facility is subject to the imposition of a compliance obligation for any part of the compliance period in which it was in commercial production.
(4) If a regulated facility is in a standby period, the owner or operator of the regulated facility must submit a signed declaration to the Minister from time to time or at the Minister’s request attesting that the regulated facility is in a standby period.
(5) If a regulated facility is in a standby period and the owner or operator of the regulated facility decides to resume commercial production at the regulated facility, the owner or operator of the regulated facility must send written notice of that decision to the Minister as soon as possible after making the decision.
(6) A regulated facility that resumes commercial production after a standby period is not subject to compliance obligations for a period of 3 months after the date on which commercial production resumes at the regulated facility. 55
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(7) After the expiry of the 3-month period described in subsection (6), the regulated facility is subject to the imposition of compliance obligations and its owner or operator is required to submit a verification report and a greenhouse gas emissions report to the Minister in the next compliance period in accordance with the standards.
(8) In the circumstance described in clause (1)(b), the owner or operator of a regulated facility that resumes commercial production after a standby period must establish the information required by clauses 7(1)(
a) and (
b) within the time period required by the Minister.
(9) The Minister may revoke an order made under this
Section if the Minister is satisfied the regulated facility has resumed commercial production. Decommissioning 19
(1) On the application of the owner or operator of a regulated facility, the Minister may make an order declaring that the regulated facility has been decommissioned if the Minister is satisfied that operations at the regulated facility have permanently ceased.
(2) Subject to subsections (3), (4) and (5), a regulated facility that is subject to an order made under subsection (1) is no longer subject to the Act, the regulations and the standards.
(3) The Minister may include any terms and conditions the Minister considers appropriate in an order made under subsection (1) and amend those terms and conditions.
(4) The owner or operator of the decommissioned regulated facility must comply with the terms and conditions included under subsection (3) in the order made by the Minister under subsection (1).
(5) The Act, the regulations and the standards continue to apply to the decommissioned regulated facility for the purpose of enforcing subsection (4). Nova Scotia Climate Change Fund Designation of Climate Change Fund Manager 20 The Executive Director of Climate Change, Department of Environment and Climate Change, is designated as the Climate Change Fund Manager.
Schedule A Table 1: Performance Standards Reduction Factors for Emissions-Intensive and Trade-Exposed Products Reduction Period 1 2 3 4 5 6 7 8 Performance standards reduction factor for emissions-intensive and trade- exposed products 99% 98% 97% 96% 95% 94% 93% 92% 56
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Part II - Regulations Vol. 48, No. 4 Table 2: Performance Standards Reduction Factors for Non-Emissions-Intensive and Non-Trade-Exposed Products Reduction Period 1 2 3 4 5 6 7 8 Performance standards reduction factor for non- emissions-intensive and non- trade-exposed products 98.5% 97% 95.5% 94% 92.5% 91% 89.5% 88% Table 3: Performance Standards for Electricity Generation Reduction Period 1 2 3 4 5 6 7 8 Performance standards for electricity generated by fossil fuel (t CO2e/GWh) coal 925 925 925 925 900 850 650 370 gas (existing facilities) 370 370 370 370 370 370 370 370 gas (new facilities) 288 247 206 164 123 82 41 0 oil 550 550 550 550 550 550 550 550 N.S.
Reg. 25/2024 Made: January 30, 2024 Filed: January 31, 2024 Probate Court Practice, Procedure and Forms Regulations–amendment Order in Council 2024-31 dated January 30, 2024 Amendment to regulations made by the Governor in Council pursuant to
Section 106 of the Probate Act The Governor in Council on the report and recommendation of the Attorney General and Minister of Justice dated December 12, 2023, and pursuant to
Section 106 of
Chapter 31 of the Acts of 2000, the Probate Act, is pleased to amend the Probate Court Practice, Procedure and Forms Regulations, N.S. Reg. 119/2001, made by the Governor in Council by Order in Council 2001-450 dated September 17, 2001, to align procedural rules for probate matters with civil matters, in the manner set forth in
Schedule “A” attached to and forming part of the report and recommendation, effective on and after April 1, 2024.
Schedule “A” Amendment to the Probate Court Practice, Procedure and Forms Regulations made by the Governor in Council under
Section 106 of
Chapter 31 of the Acts of 2000, the Probate Act 1 Subsection 5(4) of the Probate Court Practice, Procedure and Forms Regulations, N.S. Reg. 119/2001, made by the Governor in Council by Order in Council 2001-450 dated September 17, 2001, is amended by 57
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Part II - Regulations Vol. 48, No. 4 adding “the affidavit exhibiting” immediately after “attach” in clause (h). 2
Section 11 of the regulations is amended by adding the following subsection immediately after subsection (10):
(11) An affidavit in Form 2 or another affidavit made under this
Section in support of an application for a grant of probate or administration with the will annexed must have the original will or codicil attached and marked as an exhibit to the affidavit. 3
Section 11A of the regulations is amended by adding the following subsection immediately after subsection (3): (3A) An affidavit in Form 2A must have the original holograph will attached and marked as an exhibit to the affidavit. 4 Subsection 12(3) of the regulations is repealed and the following subsection substituted:
(3) The original of the English translation of a will referred to in subsection (1) or a document referred to in subsection (2) together with the original will or document must be attached to the application for a grant respecting the will and marked as exhibits to the affidavit in Form 3. 5
(1) Clause 36(
a) of the regulations is repealed and the following clause substituted: (
a) the original will exhibited in the following applicable proof of execution of the will: (
i) for a will other than a holograph will, an affidavit of execution of the will in Form 2 or such other evidence of due execution of the will as is required under
Section 11, or both, (ii) for a holograph will, an affidavit in Form 2A or such other evidence of due execution of the will as is required under
Section 11A, or both;
(2) Clause 36(
c) of the regulations is repealed. 6
(1) Clause 38(
a) of the regulations is repealed and the following clause substituted: (
a) the original will exhibited in the following applicable proof of execution of the will: (
i) for a will other than a holograph will, an affidavit of execution of the will in Form 2 or such other evidence of due execution of the will as is required under
Section 11, or both, (ii) for a holograph will, an affidavit in Form 2A or such other evidence of due execution of the will as is required under
Section 11A, or both;
(2) Clause 38(
c) of the regulations is repealed. 7 The regulations are further amended by adding the following
Section immediately after
Section 75: Transition 76
(1) An affidavit completed, dated and sworn on or before March 31, 2024, is valid for filing with the registrar if it meets the requirements of the Act and the regulations in force on March 31, 2024.
(2) If an application for a grant includes an affidavit that is completed, dated and sworn after 58
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Part II - Regulations Vol. 48, No. 4 March 31, 2024, that does not attach the will as an exhibit in accordance with these regulations, the registrar may issue a notice of rejection in Form 17 by ordinary mail to the applicant. 8 Form 2 - Affidavit of Execution of Will or Codicil of the regulations is amended by (
a) in the form heading, striking out “(S. 11(1))” and substituting “(S. 11)”; and (
b) striking out paragraph 1 and substituting the following: 1.
On month and day, year, I was present and saw the will/codicil executed by name of testat(or)(rix) that is attached to this affidavit and marked Exhibit “A”. 9 Paragraph 2 of Form 2A - Affidavit Proving Execution of Holograph Will of the regulations is amended by striking out “which is marked as Exhibit A to this Affidavit” and substituting “that is attached to this affidavit and marked Exhibit “A”.” 10 Paragraph 2 of Form 3 - Affidavit Verifying Translation of the regulations is amended by striking out “marked Exhibit “A” to this affidavit” and substituting “attached to this affidavit and marked Exhibit “A”.” 11 Form 8 - Application for a Grant of Probate of the regulations is amended by (
a) striking out “attached will or codicil(s)” in clause 2(
g) and substituting “will or codicil(
s) exhibited in the affidavit in proof of execution of a will/affidavit attesting to the authenticity of the signature of the deceased/affidavit explaining circumstances attached to this application”; and (
b) repealing paragraph 4 and substituting the following: I am the executor of the deceased named in the will or codicil(
s) exhibited in the affidavit in proof of execution of a will/affidavit attesting to the authenticity of the deceased/affidavit explaining circumstances attached to this application. [If any executor named in the attached will or codicil(
s) is not applying or is reserving the right to apply, provide explanation.] 12 Form 8A - Application for a Grant of Probate (Corporate Applicant) of the regulations is amended by (
a) striking out “the executor named in the attached will or codicil(s)” in paragraph 1 and substituting “the executor named in the will or codicil(
s) exhibited in the affidavit in proof of execution of a will/affidavit attesting to the authenticity of the signature of the deceased/affidavit explaining circumstances attached to this application”; (
b) striking out “attached will and codicil(s)” in clause 4(
d) and substituting “will and any codicil(
s) exhibited in the affidavit in proof of execution of a will/affidavit attesting to the authenticity of the signature of the deceased/affidavit explaining circumstances attached to this application”; and (
c) striking out “attached will and codicil(s)” in clause 4(
g) and substituting “will and codicil(
s) exhibited in the affidavit in proof of execution of a will/affidavit attesting to the authenticity of the signature of the deceased/affidavit explaining circumstances attached to this application”. 13 Form 10 - Application for a Grant of Administration with the Will Annexed of the regulations is amended by (
a) striking out “attached will or codicil(s)” in paragraph 1 and substituting “will and any codicil(
s) exhibited in the affidavit in proof of execution of a will/affidavit attesting to the authenticity of the signature of the deceased/affidavit explaining 59
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Part II - Regulations Vol. 48, No. 4 circumstances attached to this application”; (
b) striking out “attached will and codicil(s)” in clause 4(
d) and substituting “will and any codicil(
s) exhibited in the affidavit in proof of execution of a will/affidavit attesting to the authenticity of the signature of the deceased/affidavit explaining circumstances attached to this application”; and (
c) striking out “attached will and codicil(s)” in paragraph 4(
h) and substituting “will and codicil(
s) exhibited in the affidavit in proof of execution of a will/affidavit attesting to the authenticity of the signature of the deceased/affidavit explaining circumstances attached to this application”. 14 Form 10A - Application for a Grant of Administration with the Will Annexed (Corporate Applicant) of the regulations is amended by (
a) striking out “attached will or codicil(s)” in paragraph 3 and substituting “will and any codicil(
s) exhibited in the affidavit in proof of execution of a will/affidavit attesting to the authenticity of the signature of the deceased/affidavit explaining circumstances attached to this application”; (
b) striking out “attached will and codicil(s)” in clause 5(
d) and substituting “will and any codicil(
s) exhibited in the affidavit in proof of execution of a will/affidavit attesting to the authenticity of the signature of the deceased/affidavit explaining circumstances attached to this application”; and (
c) striking out “attached will and codicil(s)” in clause 5(
h) and substituting “will and any codicil(
s) exhibited in the affidavit in proof of execution of a will/affidavit attesting to the authenticity of the signature of the deceased/affidavit explaining circumstances attached to this application”. 15 Clause 5(
g) of Form 11 - Application for Extra-Provincial Grant of Probate of the regulations is amended by striking out “attached will and codicil(s)” and substituting “will and any codicil(
s) attached to this application and marked Exhibit “A”. 16 Clause 5(
g) of Form 11B - Application for Extra-Provincial Grant of Administration with the Will Annexed of the regulations is amended by striking out “attached will and codicil(s)” and substituting “will and any codicil(
s) attached to this application and marked Exhibit “A”. 17 Form 17 - Notice of Rejection of the regulations is amended by (
a) striking out the heading “Affidavit of witness (Form _____)” and substituting “Affidavit other than for Affidavit of Service (Form _____)”; (
b) under the heading “Affidavit other than for Affidavit of Service (Form _____)” repealing “( ) Affidavit of witness/missing/not sworn” and substituting “( ) Affidavit missing/not sworn” ; and (
c) immediately after “( ) Affidavit missing/not sworn” adding the following: ( ) Original will and any codicil(
s) is/are not referenced in, attached to and marked as an exhibit to an affidavit. 18 Form 20 - Grant of Probate of the regulations is amended by (
a) in the form heading, striking out “(S. 42(1))” and substituting “(S. 43(1))”; and (
b) striking out “attached will (and codicil(s))” and substituting “will (and codicil(s)) exhibited in the affidavit in proof of execution of a will/affidavit attesting to the authenticity of the signature of the deceased/affidavit explaining circumstances that is attached 60
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Part II - Regulations Vol. 48, No. 4 to this grant and marked
Schedule “1””. 19 Form 22 - Grant of Administration with the Will Annexed of the regulations is amended by striking out “attached will (and codicil(s))” and substituting “will (and codicil(s)) exhibited in the affidavit in proof of execution of a will/affidavit attesting to the authenticity of the signature of the deceased/affidavit explaining circumstances that is attached to this grant and marked
Schedule “1””. 20 Form 23 - Extra-Provincial Grant of Probate of the regulations is amended by (
a) striking out “and marked as Exhibit “A”” and substituting “to this grant and marked
Schedule “1””; and (
b) striking out “The exhibit attached and marked as Exhibit “B”” and substituting “The
Schedule attached to this grant and marked
Schedule “2””. 21 Form 23A - Extra-Provincial Grant of Administration of the regulations is amended by striking out “The exhibit attached and marked Exhibit “A”” and substituting “The
Schedule attached to this grant and marked
Schedule “1””. 22 Form 23B - Extra-Provincial Grant of Administration with the Will Annexed of the regulations is amended by (
a) striking out “and marked as Exhibit “A”” and substituting “to this grant and marked
Schedule “1””; and (
b) striking out “The exhibit attached and marked as Exhibit “B”” and substituting “The
Schedule attached to this grant and marked
Schedule “2””. 23 Paragraph 2 of Form 37 - Personal Representative’s Affidavit - Accounting Not Required of the regulations is amended by adding “to this affidavit and marked Exhibit “A”” immediately after “attached”. N.S. Reg. 26/2024 Made: January 16, 2024 Approved: January 24, 2024 Filed: January 31, 2024 Bulk Haulage Regulations–amendment Order dated January 30, 2024 Amendment to regulations 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 Amendment to the Bulk Haulage Regulations made under the Dairy Industry Act I certify that on January 16, 2024, the Dairy Farmers of Nova Scotia, pursuant to clause 15(1)(
b) of
Chapter 24 of the Acts of 2000, the Dairy Industry Act, carried a motion to amend the Bulk Haulage Regulations, N.S. Reg. 23/2003, made by the Dairy Farmers of Nova Scotia on July 17, 2002, and approved by the Natural Products 61
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Part II - Regulations Vol. 48, No. 4 Marketing Council on August 13, 2002, in the manner set forth in the attached
Schedule “A”, effective on and after February 1, 2024. Signed at Truro, in the County of Colchester, Nova Scotia, on January 30, 2024. Dairy Farmers of Nova Scotia per: sgd. Ann Landers Ann Landers General Manager ------------------------------------------------------------------------------------------------------ Approved by the Natural Products Marketing Council at Enfield, in the Halifax Regional Municipality, Nova Scotia, on January 24, 2024. Natural Products Marketing Council per: sgd. Danielle Dorn Kouwenberg Danielle Dorn Kouwenberg Manager
Schedule “A” Amendment 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
Section 7 of the Bulk Haulage Regulations, N.S. Reg. 23/2003, made by the Dairy Farmers of Nova Scotia on July 17, 2002, and approved by the Natural Products Marketing Council on August 13, 2002, is amended by repealing clause (
a) and substituting the following clause: (
a) for farm milk pick-up that occurs on a set
schedule of every second day: Transporter Maximum Rate/100 L Fisher Transport Limited $3.19 Burghardt Transport Limited $3.68 62
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Part II - Regulations Vol. 48, No. 4 N.S. Reg. 27/2024 Made: February 1, 2024 Filed: February 1, 2024 Prescribed Petroleum Products Prices Order dated February 1, 2024 made by the Nova Scotia Utility and Review Board pursuant to
Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations [Please note: Prescribed Petroleum Products Prices filed with the Office of the Registrar of Regulations on and after January 23, 2023, will no longer be published in the Royal Gazette
Part II. Publication of the Prescribed Petroleum Products Prices has been dispensed with by order of the Attorney General dated January 23, 2023, and published on page 63 of the February 10, 2023, issue of the Royal Gazette
Part II. Current and historical Prescribed Petroleum Products Prices are available for inspection in person at the Office of the Registrar of Regulations and can be viewed on the Nova Scotia Utility and Review Board’s website at the following address: https://nsuarb.novascotia.ca/mandates/gasoline-diesel-pricing.] N.S. Reg. 28/2024 Made: February 8, 2024 Filed: February 8, 2024 Prescribed Petroleum Products Prices Order dated February 8, 2024 made by the Nova Scotia Utility and Review Board pursuant to
Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations [Please note: Prescribed Petroleum Products Prices filed with the Office of the Registrar of Regulations on and after January 23, 2023, will no longer be published in the Royal Gazette
Part II. Publication of the Prescribed Petroleum Products Prices has been dispensed with by order of the Attorney General dated January 23, 2023, and published on page 63 of the February 10, 2023, issue of the Royal Gazette
Part II. Current and historical Prescribed Petroleum Products Prices are available for inspection in person at the Office of the Registrar of Regulations and can be viewed on the Nova Scotia Utility and Review Board’s website at the following address: https://nsuarb.novascotia.ca/mandates/gasoline-diesel-pricing.] N.S. Reg. 29/2024 Made: February 9, 2024 Filed: February 9, 2024 Interprovincial Ticket Lotteries Regulations Order in Council 2024-43 dated February 9, 2024 Regulations made by the Governor in Council pursuant to
Section 127 of the Gaming Control Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia dated January 19, 2024, is pleased, effective on and after February 9, 2024 63
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Part II - Regulations Vol. 48, No. 4 (
a) pursuant to
Section 127 of
Chapter 4 of the Acts of 1994-95, the Gaming Control Act, to make regulations respecting interprovincial ticket lotteries in the form set forth in
Schedule “A”; and (
b) pursuant to
Section 6 of
Chapter 376 of the Revised Statutes of Nova Scotia, 1989, the Public Service Act, to approve the Minister of Service Nova Scotia, as represented by the Executive Director of the Alcohol, Gaming, Fuel and Tobacco Division, entering into an agreement respecting an interprovincial Jays Care Foundation lottery with the Alcohol and Gaming Commission for Ontario, as represented by the Registrar of the Alcohol and Gaming Commission for Ontario, substantially in the form set forth in
Schedule “B” attached to and forming part of the report and recommendation, subject only to such variations as do not materially change the agreement.
Schedule “A” Regulations Respecting Interprovincial Ticket Lotteries made by the Governor in Council under
Section 127 of
Chapter 4 of the Acts of 1994-95, the Gaming Control Act Citation 1 These regulations may be cited as the Interprovincial Ticket Lotteries Regulations.
Definitions 2 In these regulations, “Act” means the Gaming Control Act; “advertising” means any form of notice, the apparent purpose of which is to convey information to the public in and by newspaper or other printed publication, poster, circular notice, radio, television or any other form or medium of public communication; “charitable gaming operating equipment” means any materials, machines, websites, computer software or related items used in a ticket lottery to (
i) sell lottery tickets in the Province, (ii) account for sales in the Province, (iii) facilitate the selection of winners in a draw for which purchasers in the Province are eligible, or (iv) pay prizes for which purchasers in the Province are eligible; “charitable or religious organization” means a charitable or religious organization under paragraph 207(1)(
b) of the Criminal Code (Canada) that performs acts in furtherance of charitable, religious or community objects or purposes without profit or personal financial gain to its members; “charitable, religious or community objects or purposes” means objects or purposes for (
i) the alleviation of poverty or the consequences of poverty, (ii) education, including the advancement of literacy, 64
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Part II - Regulations Vol. 48, No. 4 (iii) the furthering of religious or societal values, or (iv) any other purposes beneficial to the community; “conduct and manage” includes advertising, marketing, offering for sale, selling or attempting to sell lottery tickets in relation to a ticket lottery; “Department” means the Department of Service Nova Scotia; “draw” means the determination by lot of the winner or winners of a ticket lottery; “gross sales” means the total amount of money received by the licensee from all sources in the conduct and management of a ticket lottery scheme in all provinces operating the scheme; “house rules” means the written rules made by a licensee, in addition to these regulations, for the purpose of the conduct and management of a ticket lottery; “inspectors or auditors” means inspectors or auditors appointed under the Act or these regulations, members of the Royal Canadian Mounted Police or members of a municipal police force within the meaning of the regulations made under the Police Act; “interprovincial agreement” means an agreement between the Province and the government of another province as referenced in subsection 207(1) of the Criminal Code (Canada) that meets the requirements in
Section 6; “licensee” means a person who is a recognized organization and holds a licence issued by the Executive Director under these regulations; “lottery ticket” means a ticket in relation to a ticket lottery that is licensed under these regulations; “net proceeds” means the amount of money raised by the licensee for sales in the Province after deducting the allowable expense amount in accordance with subsection 22(1); “operating expenses” means all expenses incurred, directly or indirectly, in the conduct and management of the scheme by the licensee in all provinces operating a ticket lottery scheme, including licensing and other associated government fees, wages, salaries and prize costs; “Province” means the Province of Nova Scotia; “purchaser” means any person who acquires a lottery ticket through a sale for use of the purchaser or for use by other persons at the expense of the purchaser or on behalf of or as agent for a principal who desires to acquire that lottery ticket at the expense of the purchaser; “recognized organization” means a charitable or religious organization that is recognized by the Governor in Council as eligible to apply for a licence and included on the list in Appendix A; “sale” means a transfer of title by which at a price in money paid by a purchaser to a vendor, a vendor delivers to a purchaser a ticket for a ticket lottery; “sales in the Province” means the total money received by the licensee for a ticket lottery from all sources within the Province; “ticket lottery” means a lottery scheme for which a licence has been issued under these regulations 65
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Part II - Regulations Vol. 48, No. 4 and by which a prize comprised of an
article of value or cash or both, or reward of any kind, is awarded or disposed of by selling to a number of persons, for a fraction of the value of the prize, a chance of winning the prize, any winner being determined by lot. Recognized organization 3 A religious or charitable organization located outside of the province may be a recognized organization if the Governor in Council is satisfied all of the following conditions are met: (
a) the charitable or religious organization has not been convicted of a breach of a gaming or fraud provision under the Criminal Code (Canada); (
b) the operation of the proposed ticket lottery by the organization does not unfairly advantage or disadvantage any charitable or religious organization operating an authorized lottery scheme in the Province; (
c) the operation of a ticket lottery by the organization within the Province is in the public interest. Interprovincial ticket lottery licence 4 Upon application by a recognized organization, the Executive Director may issue a licence to that recognized organization to conduct and manage in the Province a lottery scheme that is authorized to be conducted and managed in 1 or more other provinces, provided that all of the following conditions are met: (
a) there is a current interprovincial agreement for the recognized organization with the government of the province where the lottery scheme was first authorized to be conducted and managed; (
b) the applicant undertakes in the application that the net proceeds from lottery ticket sales originating in the Province will be used for charitable, religious or community objects or purposes in the Province; (
c) the Executive Director is satisfied that the ticket lottery will be conducted and managed with honesty, integrity and in the public interest as it relates to purchasers in the Province, and, except in the case of a registered charitable gaming operating equipment supplier providing charitable gaming operating equipment to a licensee under these regulations, the Executive Director must consider all of the following factors: (
i) whether only personnel under the supervision of the licensee will conduct, manage or assist in the conduct or management of the ticket lottery in the Province, (ii) whether only the licensee will be responsible for advertising or promoting the ticket lottery in the Province, (iii) whether any person convicted of any criminal offence, for which that person did not receive a pardon, will be involved in any manner or capacity in the conduct and management of the ticket lottery in the Province, and, if so, whether the Executive Director considers on review, that the involvement of that person would not bring the conduct and management of the ticket lottery into disrepute, (iv) whether the conduct and management of the ticket lottery in the Province and draws for which purchasers in the Province are eligible will be delegated to any organization or to any person who is not a member of the licensee; 66
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Part II - Regulations Vol. 48, No. 4 (
d) the Executive Director is satisfied that the applicant has established house rules for the ticket lottery that (
i) are not inconsistent with the interprovincial agreement, these regulations or the terms and conditions of the licence to be issued to the licensee, and (ii) otherwise satisfy the Executive Director that the ticket lottery is being conducted with honesty, integrity and in the public interest as it relates to purchasers in the Province. Exception to Ticket Lottery Regulations 5
(1) Despite subsections 13(5) and 13(6) of the Ticket Lottery Regulations made under the Act, a licensee may do any of the following: (
a) advertise and sell in the Province lottery tickets originating outside the Province or primarily for the benefit of charitable, religious or community objects or purposes outside the Province; (
b) advertise and sell lottery tickets outside the Province.
(2) Nothing in subsection (1) permits a licensee to use proceeds from lottery ticket sales originating in the Province for the benefit of charitable, religious or community objects or purposes outside the Province. Interprovincial agreement 6
(1) An interprovincial agreement must meet all of the following requirements: (
a) it relates to a lottery scheme that is authorized to be conducted and managed in another province under paragraph 207(1)(
b) of the Criminal Code (Canada); (
b) it allows for the lots, cards or tickets of a lottery scheme authorized in that other province to be sold in the Province under subsection 207(1) of the Criminal Code (Canada); (
c) it contains provisions the Governor in Council considers reasonably necessary to safeguard purchasers in the Province, including procedures relating to auditing, enforcement, oversight, record-keeping and fair access to funds raised or prizes.
(2) An interprovincial agreement must include all of the following: (
a) the consent of the authority in the other province that first authorized the conduct and management of the lottery scheme, pursuant to paragraph 207(1)(
f) of the Criminal Code (Canada), to the lottery scheme being conducted and managed in the Province under a Nova Scotia licence; (
b) terms, conditions and obligations that the consent in clause (
a) is conditional upon; (
c) it states that the charitable or religious organization must be recognized by the Governor in Council before operating the ticket lottery scheme in the Province; (
d) it states that the charitable or religious organization must apply for and obtain a licence before operating the ticket lottery scheme in the Province; (
e) a procedure for the Executive Director and the authority having jurisdiction in the other province to follow if a winner for the lottery is not located or a prize is otherwise unclaimed after a specified period of time. 67
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Part II - Regulations Vol. 48, No. 4 Licence application 7
(1) A recognized organization must apply for and obtain a licence before it may operate a lottery in the Province.
(2) All of the following information must be stated on a licence application: (
a) the name and address of the applicant; (
b) the exact location, date and time of the draw; (
c) the start date and finish date of the ticket lottery; (
d) the number of draws; (
e) the number of tickets printed; (
f) the price per ticket or group of tickets; (
g) a description of the prize; (
h) the prize value; (
i) the geographical area in the Province where tickets will be sold and money expended from their sale; (
j) the names, addresses and telephone numbers of 2 authorized representatives of the applicant who must be the same 2 representatives who sign the application on behalf of the applicant; (
k) the procedures respecting how the draw is to be conducted and the winners determined; (
l) any information required by the Executive Director relating to the applicant’s status and authorization to conduct and manage the lottery scheme in (
i) the province in which the applicant was first authorized to conduct and manage the lottery scheme, or (ii) any other province; (
m) the charitable, religious or community objects or purposes of the ticket lottery.
Applicant to deposit bond 8 The Executive Director may require an applicant to deposit with the Executive Director a bond or other security satisfactory to the Executive Director in the form and manner and in an amount determined by the Executive Director in consideration of the anticipated value of proceeds from the sale of lottery tickets in the Province to ensure that the bond or security amount may be available, in the Executive Director’s sole discretion, to any purchasers in the Province upon completion of the ticket lottery.
Form of application, report or licence 9 An application, report or licence referred to in these regulations must be in the form the Executive Director approves or prescribes. Licence terms and conditions 10
(1) A licence issued by the Executive Director under these regulations must include all of the following 68
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Part II - Regulations Vol. 48, No. 4 conditions: (
a) the licensee must not offer an encumbered prize in a ticket lottery; (
b) the licensee must make prizes available to purchasers in the Province who win the draw without additional costs, fees or other expenses imposed on the purchaser.
(2) The Executive Director may impose any additional terms and conditions on a licence as the Executive Director considers necessary or desirable for the public interest and the proper administration of these regulations. Term of licence 11 A licence may be issued for 1 day or for a period not exceeding 1 year. Licence is not transferable 12 A licence issued under these regulations is not transferable or assignable. Limit to time period for ticket sales 13 A licence may limit the time period within which lottery tickets may be advertised or sold in the Province.
Suspension or cancellation of licence 14 The Executive Director may suspend or cancel a licence held by a recognized organization in any of the following circumstances: (
a) the licensee contravenes any requirement of the application or breaches any of the terms or conditions of the licence or any provision of the Act or these regulations; (
b) the licensee’s authorization in the province in which the lottery scheme was first authorized to be conducted or managed is suspended, has been cancelled or has expired; (
c) the Executive Director determines that it is in the public interest to suspend or cancel the licence. Lottery ticket requirements 15 The Executive Director may establish requirements for each lottery ticket originating outside the Province that is advertised or sold in the Province, including that a licensee indicate any of the following information on each ticket: (
a) the name and address of the licensee; (
b) the words “licensed by Service Nova Scotia” and the assigned licence number; (
c) the price per ticket or group of tickets; (
d) a description of the prize; (
e) the exact location, date and time of the draw; (
f) any house rules or restrictions respecting the conduct and management of the ticket lottery. House rules 16 A licensee must make the licensee’s house rules available to any prospective purchaser in the Province on request. 69
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Part II - Regulations Vol. 48, No. 4 Designated goods and services 17 For the purposes of
Part II of the Act, charitable gaming operating equipment is designated goods and services when supplied to a licensee to facilitate the sale of lottery tickets in the Province. Registered charitable gaming operating equipment suppliers 18 (1) “Charitable gaming operating equipment supplier” is established as a class of suppliers for the purposes of registration as a registered supplier under the Act.
(2) Only a registered charitable gaming operating equipment supplier may provide charitable gaming operating equipment to a licensee to facilitate the sale of lottery tickets in the Province. Charitable gaming operating equipment supplier registration or renewal 19
(1) An application for registration or renewal of registration as a charitable gaming operating equipment supplier must be in a form provided by the Director of Registration and must be accompanied by a fee of $272.45.
(2) For the purposes of registration or renewal of registration under this Section, the Director of Registration may accept proof of registration from another province that is party to an interprovincial agreement, if the proof is acceptable to the Director of Registration.
(3) A registration granted or renewed under this
Section expires 1 year from the date set out on the certificate of registration. Charitable gaming operating equipment 20
(1) The Executive Director may establish technical standards for charitable gaming operating equipment and policies respecting the use of charitable gaming operating equipment by licensees and registered charitable gaming operating equipment suppliers.
(2) A registered charitable gaming operating equipment supplier must not sell or lease charitable gaming operating equipment unless (
a) the equipment meets the applicable technical standard for the equipment; or (
b) if no applicable technical standard has been established for the equipment, the equipment is approved by the Executive Director for use in a lottery scheme.
(3) A licensee must not use charitable gaming operating equipment in a lottery scheme unless (
a) the equipment meets the applicable technical standard for the equipment; or (
b) if no applicable technical standard has been established for the equipment, the equipment is approved by the Executive Director for use in a lottery scheme. Fees 21
(1) A licensee must pay a fee to the Department, in the form and manner determined by the Executive Director, not exceeding 1.0% of sales in the Province.
(2) The fee payable under this
Section is not refundable. Allowable amounts 22
(1) The allowable expense amount that can be attributed to sales in the Province is calculated in accordance with the following formula: 70
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Part II - Regulations Vol. 48, No. 4 allowable expense amount = OE × NS/G in which OE = operating expenses NS = sales in the Province G = gross sales.
(2) The total fees paid by a licensee to a charitable gaming operating equipment supplier for the operation of a ticket lottery in the Province must not be greater than 15% of the amount obtained by deducting the allowable prize value amount calculated under subsection (3) from sales in the Province.
(3) The allowable prize value amount that can be attributed to the Province is calculated in accordance with the following formula: allowable prize value amount = TP × NS/G in which TP = total retail value of prizes NS = sales in the Province G = gross sales.
(4) The net proceeds of a ticket lottery must be spent for charitable, religious or community objects or purposes in the Province. Advertising 23
(1) A licensee must not in any way engage in advertising in the Province, or permit anyone with whom the licensee contracts to engage in advertising in the Province, that (
a) implies ticket lotteries promote or are required for social acceptance, personal or financial success or the resolution of any economic, social or personal problems; (
b) contains endorsements by well-known personalities that suggest playing ticket lotteries contributed to their success; or (
c) compares playing ticket lotteries to other forms of gaming in the Province.
(2) A ticket lottery advertisement in the Province must state the total cash value of prizes to be awarded.
(3) The Executive Director may require that a ticket lottery advertisement in the Province state any of the following information, in the size and form approved by the Executive Director: (
a) the name of the licensee; (
b) the date, time and place of the ticket draw; (
c) the current lottery licence or permit number and the year issued by the Executive Director.
(4) At the request of the Executive Director, a licensee must provide the Executive Director with samples of advertising and promotional materials to be used in the Province in connection with a ticket lottery for approval by the Executive Director. 71
N.S. Reg. 29/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4 Age restrictions 24 The Executive Director may establish age restrictions for lottery ticket purchasers in the Province. Reports 25 Upon request by the Executive Director, a licensee must submit to the Executive Director a report, in the form and manner determined by the Executive Director, respecting any matter under the Act or regulations, including how the net proceeds from lottery ticket sales originating in the Province have been spent in the Province.
Account 26 The Executive Director may require a licensee to maintain and use, at a deposit-taking financial institution within the Province, a separate account for the purposes of depositing and administering all money received from lottery ticket sales originating in the Province. Records 27
(1) A licensee must keep in the Province records relating to the sale of lottery tickets in the Province, unless the licensee provides an alternative method to produce the records in the Province that is approved by the Executive Director, and must provide them to the Executive Director upon request.
(2) The records required under subsection (1) must be retained by the licensee for at least 3 years after the licence period expires unless the Executive Director expressly authorizes in writing the destruction of the records at an earlier date. Administration 28
(1) The Minister may appoint inspectors or auditors for the administration of these regulations.
(2) Inspectors or auditors have the power to inquire into the conduct and management of a ticket lottery in relation to purchasers in the Province and must advise the Executive Director of the results of their inquiries. Appendix A List of Recognized Organizations Recognized Organization Applicable Interprovincial Agreement Jays Care Foundation Memorandum of Understanding between the Province of Nova Scotia, as represented by the Minister of Service Nova Scotia, and the Ontario Alcohol and Gaming Commission (dated 2024) 72
N.S. Reg. 30/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4 N.S. Reg. 30/2024 Made: February 13, 2024 Filed: February 13, 2024 Deputy Minister Pension Arrangement Regulations Order in Council 2024-44 dated February 13, 2024 Regulations made by the Governor in Council pursuant to
Section 88 of the Public Service Act The Governor in Council on the report and recommendation of the President of the Executive Council dated February 6, 2024, and pursuant to
Section 88 of
Chapter 376 of the Revised Statutes of Nova Scotia, 1989, the Public Service Act, is pleased, effective on and after February 13, 2024, to (
a) revoke Order in Council 81-1097G dated August 28, 1981; (
b) make new regulations respecting the Deputy Minister Pension Arrangement, in the form set forth in
Schedule “A” attached to and forming part of the report and recommendation; and (
c) designate Mark Peck as an eligible person for the purposes of the Deputy Minister Pension Arrangement.
Schedule “A” Regulations Respecting the Deputy Minister Pension Arrangement made by the Governor in Council under
Section 88 of
Chapter 376 of the Revised Statutes of Nova Scotia, 1989, the Public Service Act Citation 1 These regulations may be cited as the Deputy Minister Pension Arrangement Regulations.
Definitions 2 In these regulations, “Deputy Minister Pension Arrangement” means the pension arrangement established by Order in Council 81-1097G dated August 28, 1981, as amended; “eligible person” means a person who is eligible to receive a Deputy Minister Pension Arrangement benefit when they retire under
Section 4; “Pension Plan” has the same meaning as in the Public Service Superannuation Act; “pensionable service” has the same meaning as in the Public Service Superannuation Act; “PSSA regulations” means regulations made under the Public Service Superannuation Act; “Superannuation Fund” has the same meaning as in the Public Service Superannuation Act. Pension arrangement continued 3
(1) The Deputy Minister Pension Arrangement and all of its liabilities are continued subject to these regulations. 73
N.S. Reg. 30/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4
(2) All rights under the Deputy Minister Pension Arrangement that accrued to any person prior to the effective date of these regulations are continued. Eligibility for retirement with benefit 4
(1) A person is eligible to receive a benefit under the Deputy Minister Pension Arrangement when they retire if they meet all of the following requirements: (
a) the person meets 1 of the following conditions: (
i) the person holds or has held 1 or more of the following positions, other than in an interim or acting capacity: (
A) Clerk of the Executive Council of the Province, (
B) Deputy Minister of the Province, (
C) Chief Legislative Counsel of the Province, (
D) Chief Clerk of the House of Assembly, (
E) Auditor General of the Province, (
F) Director of Public Prosecutions of the Province, (
G) Associate Deputy Minister of the Province, (ii) the person is a person or member of a class of persons designated by the Governor in Council; (
b) the person has served at least 20 years as a member of the Pension Plan, not including service with a public authority other than the Government of Canada that has been transferred into the Pension Plan; (
c) for a person described in subclause (a)(i), the person’s service in 1 or more of the positions described in subclause (a)(
i) totals at least 5 years; (
d) the person is at least 50 years old.
(2) Despite subclause (1)(a)(i), the years of service described in clause (1)(
c) may include service in an interim or acting capacity as a Deputy Minister of the Province, provided that such period of time served as an interim or acting Deputy Minister of the Province immediately preceded the person’s appointment as a Deputy Minister of the Province. Annual benefit calculation, terms, conditions, rights and obligations 5
(1) An annual benefit paid to an eligible person under the Deputy Minister Pension Arrangement must be calculated in accordance with the following formula: annual benefit = A × 0.02 × B in which A = the eligible person’s average annual salary for the 3 years of the eligible person’s service in the public service of the Province during which the eligible person’s annual salary was highest 74
N.S. Reg. 30/2024 - 31/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4 B = the total number of years of pensionable service.
(2) Despite subsection (1), (
a) the annual benefit payable by the Deputy Minister Pension Arrangement must be calculated to take into account any benefit to which the eligible person is entitled or is deemed to be entitled under the Canada Pension Plan; and (
b) the calculation described in clause (
a) must be made in the same manner as the calculation used to adjust a superannuation allowance under the Pension Plan to take into account any benefit to which a person is entitled or is deemed to be entitled under the Canada Pension Plan.
(3) Except as provided in these regulations, (
a) the annual benefit payable by the Deputy Minister Pension Arrangement is subject to the same terms and conditions as a superannuation allowance under the Pension Plan; and (
b) all rights and obligations contained in the Pension Plan and the PSSA regulations apply, with the necessary changes in detail, to an eligible person. Retirement before effective date 6 Despite
Section 4, no person who would be eligible to receive a benefit under the Deputy Minister Pension Arrangement as a member of the class of persons described in paragraph 4(1)(a)(i)(
G) will receive a benefit under the Deputy Minister Pension Arrangement if the person retired before the effective date of these regulations. N.S. Reg. 31/2024 Made: February 13, 2024 Filed: February 13, 2024 Gaspereaux River Provincial Park Designation Order in Council 2024-53 dated February 13, 2024 Designation made by the Governor in Council pursuant to clauses 8(
a) and (
d) of the Provincial Parks Act The Governor in Council on the report and recommendation of the Minister of Natural Resources and Renewables dated January 4, 2023, and pursuant to clauses 8(
a) and (
d) of
Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, is pleased, effective on and after February 13, 2024, to (
a) designate approximately 48 hectares (118 acres) of Crown lands shown outlined in bold and shaded dark grey on the plan marked
Schedule “A” attached to and forming part of the report and recommendation and declare that it be known as Gaspereaux River Provincial Park; and (
b) authorize the Minister of Natural Resources and Renewables to execute such documents as may be necessary to achieve the purposes of this Order. 75
N.S. Reg. 31/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4
Schedule “A” Gaspereaux River Provincial Park 76
N.S. Reg. 32/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4 N.S. Reg. 32/2024 Made: February 13, 2024 Filed: February 13, 2024 Pomquet Beach Provincial Park Designation Order in Council 2024-54 dated February 13, 2024 Designation made by the Governor in Council pursuant to clauses 8(
a) and (
d) of the Provincial Parks Act The Governor in Council on the report and recommendation of the Minister of Natural Resources and Renewables dated December 19, 2023, and pursuant to clauses 8(
a) and (
d) of
Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, is pleased, effective on and after February 13, 2024, to (
a) designate approximately 168 hectares (415.1 acres) of Crown lands in Antigonish County currently identified as PIDs 01314574, 10131993, 10138311 and 01314335, shown out lined in bold and shaded dark grey on the plan marked
Schedule “A” attached to and forming part of the report and recommendation and declare that it be known as Pomquet Beach Provincial Park; and (
b) authorize the Minister of Natural Resources and Renewables to execute such documents as may be necessary to achieve the purposes of this Order. 77
N.S. Reg. 32/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4
Schedule “A” Pomquet Beach Provincial Park 78
N.S. Reg. 33/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4 N.S. Reg. 33/2024 Made: February 13, 2024 Filed: February 13, 2024 Cookville Provincial Park Designation Order in Council 2024-55 dated February 13, 2024 Designation made by the Governor in Council pursuant to clauses 8(
a) and (
d) of the Provincial Parks Act The Governor in Council on the report and recommendation of the Minister of Natural Resources and Renewables dated December 19, 2023, and pursuant to clauses 8(
a) and (
d) of
Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, is pleased, effective on and after February 13, 2024, to (
a) designate approximately 1 hectare (2 acres) of Crown lands in Lunenburg County, currently identified as PID 60198553, shown outlined in bold and shaded dark grey on the plan marked
Schedule “A” attached to and forming part of the report and recommendation and declare that it be known as Cookville Provincial Park; and (
b) authorize the Minister of Natural Resources and Renewables to execute such documents as may be necessary to achieve the purposes of this Order. 79
N.S. Reg. 33/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4
Schedule “A” Cookville Provincial Park 80
N.S. Reg. 34/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4 N.S. Reg. 34/2024 Made: February 13, 2024 Filed: February 13, 2024 False Bay Provincial Park Designation Order in Council 2024-56 dated February 13, 2024 Designation made by the Governor in Council pursuant to clauses 8(
a) and (
d) of the Provincial Parks Act The Governor in Council on the report and recommendation of the Minister of Natural Resources and Renewables dated December 19, 2023, and pursuant to clauses 8(
a) and (
d) of
Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, is pleased, effective on and after February 13, 2024, to (
a) designate approximately 81 hectares (200 acres) of Crown lands in Richmond County currently identified as PIDs 75108332 and 75197053 shown outlined in bold and shaded dark grey on the plan marked
Schedule “A” attached to and forming part of the report and recommendation and declare that it be known as False Bay Provincial Park; and (
b) authorize the Minister of Natural Resources and Renewables to execute such documents as may be necessary to achieve the purposes of this Order. 81
N.S. Reg. 34/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4
Schedule “A” False Bay Provincial Park 82
N.S. Reg. 35/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4 N.S. Reg. 35/2024 Made: February 13, 2024 Filed: February 13, 2024 Black Duck Cove Provincial Park Designation Order in Council 2024-57 dated February 13, 2024 Designation made by the Governor in Council pursuant to clauses 8(
a) and (
d) of the Provincial Parks Act The Governor in Council on the report and recommendation of the Minister of Natural Resources and Renewables dated December 19, 2023, and pursuant to clauses 8(
a) and (
d) of
Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, is pleased, effective on and after February 13, 2024, to (
a) designate approximately 149 hectares (368 acres) of Crown lands in Guysborough County, currently identified as PIDs 35048008, 35048057, 35238336 and 35238328 and por tions of PID 35048065 shown outlined in bold and shaded dark grey on the plan marked
Schedule “A” attached to and forming part of the report and recommendation and declare that it be known as Black Duck Cove Provincial Park; and (
b) authorize the Minister of Natural Resources and Renewables to execute such documents as may be necessary to achieve the purposes of this Order. 83
N.S. Reg. 35/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4
Schedule “A” Black Duck Cove Provincial Park 84
N.S. Reg. 36/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4 N.S. Reg. 36/2024 Made: February 13, 2024 Filed: February 13, 2024 Orangedale Provincial Park Designation Order in Council 2024-58 dated February 13, 2024 Designation made by the Governor in Council pursuant to clauses 8(
a) and (
d) of the Provincial Parks Act The Governor in Council on the report and recommendation of the Minister of Natural Resources and Renewables dated December 19, 2023, and pursuant to clauses 8(
a) and (
d) of
Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, is pleased, effective on and after February 13, 2024, to (
a) designate approximately 50 hectares (123 acres) of Crown lands in Inverness County, currently identified as PIDs 50124049 and 50349133 shown outlined in bold and shaded dark grey on the plan marked
Schedule “A” attached to and forming part of the report and recommendation and declare that it be known as Orangedale Provincial Park; and (
b) authorize the Minister of Natural Resources and Renewables to execute such documents as may be necessary to achieve the purposes of this Order. 85
N.S. Reg. 36/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4
Schedule “A” Orangedale Provincial Park 86
N.S. Reg. 37/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4 N.S. Reg. 37/2024 Made: February 13, 2024 Filed: February 13, 2024 Ainslie Point Provincial Park Designation Order in Council 2024-59 dated February 13, 2024 Designation made by the Governor in Council pursuant to clauses 8(
a) and (
d) of the Provincial Parks Act The Governor in Council on the report and recommendation of the Minister of Natural Resources and Renewables dated December 19, 2023, and pursuant to clauses 8(
a) and (
d) of
Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, is pleased, effective on and after February 13, 2024, to (
a) designate approximately 38 hectares (93 acres) of Crown lands in Inverness County, currently identified as PIDs 50052166 and 50349026 shown outlined in bold and shaded dark grey on the plan marked
Schedule “A” attached to and forming part of the report and recommendation and declare that it be known as Ainslie Point Provincial Park; and (
b) authorize the Minister of Natural Resources and Renewables to execute such documents as may be necessary to achieve the purposes of this Order. 87
N.S. Reg. 37/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4
Schedule “A” Ainslie Point Provincial Park 88
N.S. Reg. 38/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4 N.S. Reg. 38/2024 Made: February 13, 2024 Filed: February 13, 2024 New Harbour Provincial Park Designation Order in Council 2024-60 dated February 13, 2024 Designation made by the Governor in Council pursuant to clauses 8(
a) and (
d) of the Provincial Parks Act The Governor in Council on the report and recommendation of the Minister of Natural Resources and Renewables dated December 22, 2023, and pursuant to clauses 8(
a) and (
d) of
Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, is pleased, effective on and after February 13, 2024, to (
a) designate approximately 29 hectares (72 acres) of Crown lands in Guysborough County, currently identified as PIDs 35068709, 35238245, 35238237 and 35095892 shown out lined in bold and shaded dark grey on the plan marked
Schedule “A” attached to and forming part of the report and recommendation and declare that it be known as New Harbour Provincial Park; and (
b) authorize the Minister of Natural Resources and Renewables to execute such documents as may be necessary to achieve the purposes of this Order. 89
N.S. Reg. 38/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4
Schedule “A” New Harbour Provincial Park 90
N.S. Reg. 39/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4 N.S. Reg. 39/2024 Made: February 13, 2024 Filed: February 13, 2024 Uisge Bàn Falls Provincial Park Designation Order in Council 2024-61 dated February 13, 2024 Designation made by the Governor in Council pursuant to clauses 8(
a) and (
d) of the Provincial Parks Act The Governor in Council on the report and recommendation of the Minister of Natural Resources and Renewables dated December 20, 2023, and pursuant to clauses 8(
a) and (
d) of
Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, is pleased, effective on and after February 13, 2024, to (
a) designate approximately 138 hectares (341 acres) of Crown lands in Victoria County, currently identified as PIDs 85017937 and 85177202 shown outlined in bold and shaded dark grey on the plan marked
Schedule “A” attached to and forming part of the report and recommendation and declare that it be known as Uisge Bàn Falls Provincial Park; and (
b) authorize the Minister of Natural Resources and Renewables to execute such documents as may be necessary to achieve the purposes of this Order. 91
N.S. Reg. 39/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4
Schedule “A” Uisge Bàn Falls Provincial Park 92
N.S. Reg. 40/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4 N.S. Reg. 40/2024 Made: February 13, 2024 Filed: February 13, 2024 Herring Cove Provincial Park Designation Order in Council 2024-62 dated February 13, 2024 Designation made by the Governor in Council pursuant to clauses 8(
a) and (
d) of the Provincial Parks Act The Governor in Council on the report and recommendation of the Minister of Natural Resources and Renewables dated December 20, 2023, and pursuant to clauses 8(
a) and (
d) of
Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, is pleased, effective on and after February 13, 2024, to (
a) designate approximately 20 hectares (50 acres) of Crown lands in Halifax County, currently identified as PIDs 40095135, 40076820, 40095119 and 40075152 shown out lined in bold and shaded dark grey on the plan marked
Schedule “A” attached to and forming part of the report and recommendation and declare that it be known as Herring Cove Provincial Park; and (
b) authorize the Minister of Natural Resources and Renewables to execute such documents as may be necessary to achieve the purposes of this Order. 93
N.S. Reg. 40/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4
Schedule “A” Herring Cove Provincial Park 94
N.S. Reg. 41/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4 N.S. Reg. 41/2024 Made: February 13, 2024 Filed: February 13, 2024 North Mountain Provincial Park Designation Order in Council 2024-63 dated February 13, 2024 Designation made by the Governor in Council pursuant to clauses 8(
a) and (
d) of the Provincial Parks Act The Governor in Council on the report and recommendation of the Minister of Natural Resources and Renewables dated December 20, 2023, and pursuant to clauses 8(
a) and (
d) of
Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, is pleased, effective on and after February 13, 2024, to (
a) designate approximately 71 hectares (176 acres) of Crown lands in Annapolis County, currently identified as PIDs 05017769 and 05017900 shown outlined in bold and shaded dark grey on the plan marked
Schedule “A” attached to and forming part of the report and recommendation and declare that it be known as North Mountain Provincial Park; and (
b) authorize the Minister of Natural Resources and Renewables to execute such documents as may be necessary to achieve the purposes of this Order. 95
N.S. Reg. 41/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4
Schedule “A” North Mountain Provincial Park 96
N.S. Reg. 42/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4 N.S. Reg. 42/2024 Made: February 13, 2024 Filed: February 13, 2024 Tor Bay Provincial Park Designation Order in Council 2024-64 dated February 13, 2024 Designation made by the Governor in Council pursuant to clauses 8(
a) and (
d) of the Provincial Parks Act The Governor in Council on the report and recommendation of the Minister of Natural Resources and Renewables dated December 20, 2023, and pursuant to clauses 8(
a) and (
d) of
Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, is pleased, effective on and after February 13, 2024, to (
a) designate approximately 13 hectares (32 acres) of Crown lands in Guysborough County, currently identified as PID 35095306 shown outlined in bold and shaded dark grey on the plan marked
Schedule “A” attached to and forming part of the report and recommendation and declare that it be known as Tor Bay Provincial Park; and (
b) authorize the Minister of Natural Resources and Renewables to execute such documents as may be necessary to achieve the purposes of this Order. 97
N.S. Reg. 42/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4
Schedule “A” Tor Bay Provincial Park 98
N.S. Reg. 43/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4 N.S. Reg. 43/2024 Made: February 13, 2024 Filed: February 13, 2024 Five Islands Provincial Park Designation of Additional Lands Order in Council 2024-65 dated February 13, 2024 Designation made by the Governor in Council pursuant to clauses 8(
a) and (
b) of the Provincial Parks Act The Governor in Council on the report and recommendation of the Minister of Natural Resources and Renewables dated December 20, 2023, and pursuant to clauses 8(
a) and (
b) of
Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, is pleased, effective on and after February 13, 2024, to (
a) increase the size of Five Islands Provincial Park, N.S. Reg. 122/1972, originally designated by the Governor in Council by Order in Council 72-337 dated March 28, 1972, by adding existing Crown lands in Colchester County currently identified as PIDs 20234878, 20499133, 20498325, 20138699, 20138772, 20499125 and 20138780 as shown outlined in bold and shaded dark grey on the plan marked
Schedule “A” attached to and forming part of the report and recommendation; and (
b) authorize the Minister of Natural Resources and Renewables to execute such documents as may be necessary to achieve the purposes of this Order. 99
N.S. Reg. 43/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4
Schedule “A” Addition to Five Islands Provincial Park 100
N.S. Reg. 44/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4 N.S. Reg. 44/2024 Made: February 13, 2024 Filed: February 13, 2024 Cape George Provincial Park Designation Order in Council 2024-66 dated February 13, 2024 Designation made by the Governor in Council pursuant to clauses 8(
a) and (
d) of the Provincial Parks Act The Governor in Council on the report and recommendation of the Minister of Natural Resources and Renewables dated December 20, 2023, and pursuant to clauses 8(
a) and (
d) of
Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, is pleased, effective on and after February 13, 2024, to (
a) designate approximately 56 hectares (138 acres) of Crown lands in Antigonish County, currently identified as PIDs 01205673,10096600 and 01265206 shown outlined in bold and shaded dark grey on the plan marked
Schedule “A” attached to and forming part of the report and recommendation and declare that it be known as Cape George Provincial Park; and (
b) authorize the Minister of Natural Resources and Renewables to execute such documents as may be necessary to achieve the purposes of this Order. 101
N.S. Reg. 44/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4
Schedule “A” Cape George Provincial Park 102
N.S. Reg. 45/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4 N.S. Reg. 45/2024 Made: February 13, 2024 Filed: February 13, 2024 Jerry Lawrence Provincial Park Designation of Additional Lands Order in Council 2024-67 dated February 13, 2024 Designation made by the Governor in Council pursuant to clauses 8(
a) and (
b) of the Provincial Parks Act The Governor in Council on the report and recommendation of the Minister of Natural Resources and Renewables dated December 21, 2023, and pursuant to clauses 8(
a) and (
b) of
Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, is pleased, effective on and after February 13, 2024, to (
a) increase the size of the Jerry Lawrence Provincial Park, N.S. Reg. 160/1976, originally designated by the Governor in Council by Order in Council 76-840 dated July 13, 1976, by adding existing Crown lands in Halifax County currently identified as PIDs 40226300, 41535964, 41535980, 41535972 and 41535956 as shown outlined in bold and shaded dark grey on the plan marked
Schedule “A” attached to and forming part of the report and recommendation; and (
b) authorize the Minister of Natural Resources and Renewables to execute such documents as may be necessary to achieve the purposes of this Order. 103
N.S. Reg. 45/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4
Schedule “A” Addition to Jerry Lawrence Provincial Park 104
N.S. Reg. 46/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4 N.S. Reg. 46/2024 Made: February 13, 2024 Filed: February 13, 2024 MacKenzie Beach Provincial Park Designation Order in Council 2024-68 dated February 13, 2024 Designation made by the Governor in Council pursuant to clauses 8(
a) and (
d) of the Provincial Parks Act The Governor in Council on the report and recommendation of the Minister of Natural Resources and Renewables dated January 12, 2023 [2024], and pursuant to clauses 8(
a) and (
d) of
Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, is pleased, effective on and after February 13, 2024, to (
a) designate approximately 42 hectares (104 acres) of Crown lands in Pictou County currently identified as PIDs 00808212, 65239683, 65239691 and 65239675 shown out lined in bold and shaded dark grey on the plan marked
Schedule “A” attached to and forming part of the report and recommendation and declare that it be known as MacKenzie Beach Provincial Park; and (
b) authorize the Minister of Natural Resources and Renewables to execute such documents as may be necessary to achieve the purposes of this Order. 105
N.S. Reg. 46/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4
Schedule “A” MacKenzie Beach Provincial Park 106
N.S. Reg. 47/2024 Royal Gazette
Part II - Regulations Vol. 48, No. 4 N.S. Reg. 47/2024 Made: February 13, 2024 Filed: February 13, 2024 Merigomish Harbour Provincial Park Designation Order in Council 2024-69 dated February 13, 2024 Designation made by the Governor in Council pursuant to clauses 8(
a) and (
d) of the Provincial Parks Act The Governor in Council on the report and recommendation of the Minister of Natural Resources and Renewables dated January 12, 2023 [2024], and pursuant to clauses 8(
a) and (
d) of
Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, is pleased, effective on and after February 13, 2024, to (
a) designate approximately 20 hectares (50 acres) of Crown lands in Pictou County, currently identified as PIDs 00884064 and 00884049 shown outlined in bold and shaded dark grey on the plan marked
Schedule “A” attached to and forming part of the report and recommendation and declare that it be known as Merigomish Harbour Provincial Park; and (
b) authorize the Minister of Natural Resources and Renewables to execute such documents as may be necessary to achieve the purposes of this Order. 107
N.S. Reg. 47/2024 Royal Gazette