©NS Registry of Regulations. Web version. 489

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 31, No. 10 May 11, 2007 Contents Act Reg. No.

Page Canadian Forces Reservists Protection Act Proclamation of Act, S. 10, S.N.S. 2006, c. 13 .................................. 237/2007 529 Day Care Act F a m i l y H o m e D a y C a r e P r o g r a m R e g u l a t i o n s................................... 241/2007 534 Democracy 250 Act Proclamation of Act, S. 9, S.N.S. 2007, c. 6 .................................... 226/2007 492 Environment Act Environment Act and Regulations Fees Regulations–amendment ................... 244/2007 547 Executive Council Act Proclamation of amendments to Act, S. 3, S.N.S. 2007, c. 16 ....................... 225/2007 491 Financial Measures

(2007) Act Proclamation of Act, S. 44(6), S.N.S. 2007, c. 9 ................................. 238/2007 531 Hospitals Act H o s p i t a l s R e g u l a t i o n s – a m e n d m e n t ........................................... 236/2007 523 Involuntary Psychiatric Treatment Act Proclamation of Act, S. 92, S.N.S. 2005, c. 42 .................................. 239/2007 532 Involuntary Psychiatric Treatment Regulations .................................. 235/2007 505 Labour Standards Code Labour Standards Code Regulations–amendment ................................ 242/2007 545

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

Part II - Regulations Vol. 31, No. 10 Municipal Grants Act Standard Expenditure per Dwelling Unit (2007/2008) Regulations .................. 243/2007 546 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 234/2007 503 Provincial Finance Act C o n f e r r a l o f C r o w n C o r p o r a t i o n S t a t u s – a m e n d m e n t..............................224/2007 491 Registered Nurses Act Registered Nurses Regulations–amendment .................................... 240/2007 533 Wildlife Act D e e r H u n t i n g R e g u l a t i o n s – a m e n d m e n t ........................................ 230/2007 497 F i r e a r m a n d B o w R e g u l a t i o n s – a m e n d m e n t ..................................... 229/2007 497 F u r H a r v e s t i n g R e g u l a t i o n s – a m e n d m e n t ....................................... 227/2007 494 G e n e r a l W i l d l i f e R e g u l a t i o n s – a m e n d m e n t ..................................... 232/2007 499 G u i d e R e g u l a t i o n s – a m e n d m e n t .............................................. 228/2007 496 L i c e n c e a n d P e r m i t S u s p e n s i o n R e g u l a t i o n s .................................... 233/2007 500 M o o s e H u n t i n g R e g u l a t i o n s – a m e n d m e n t ...................................... 231/2007 498 In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act.

The date a regulation is made, the date a regulation is approved, the date a regulation is filed and any date specified in a regulation are important to determine when the regulation is in force. *Date that subsections 3(6) and (7) and Sections 11 and 13 of the Regulations Act and amendments to the Regulations Act made by

Chapter 46 of the Acts of 2004 were proclaimed in force.

N.S. Reg. 224/2007 - 225/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 ©NS Registry of Regulations. Web version. 491 N.S. Reg. 224/2007 Made: March 27, 2007 Filed: April 20, 2007 Conferral of Crown Corporation Status Order in Council 2007-163 dated March 27, 2007 Amendment to regulations made by the Governor in Council pursuant to clause 70(

a) and

Section 71 of the Provincial Finance Act The Governor in Council on the report and recommendation of the Minister responsible for Sydney Steel Corporation dated March 21, 2007, and pursuant to clause (

f) of

Section 19 of

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

Interpretation Act, and clause 70(

a) and

Section 71 of

Chapter 365 of the Revised Statutes of Nova Scotia, 1989, the Provincial Finance Act, is pleased to amend Order in Council 2006-370 by adding Sydney Utilities Limited to the companies upon which crown corporation status is conferred pursuant to clause (

a) thereof and by changing the effective date of Order in Council 2006-370 from August 17, 2006 to March 22, 2007. N.S. Reg. 225/2007 Made: April 20, 2007 Filed: April 20, 2007 Proclamation, S. 3, S.N.S. 2007, c. 16 Order in Council 2007-225 dated April 20, 2007 Proclamation made by the Governor in Council pursuant to

Section 3 of

An Act to Amend

Chapter 155 of the Revised Statutes, 1989, the Executive Council Act The Governor in Council on the report and recommendation of the Government House Leader dated April 17, 2007, pursuant to

Section 3 of

Chapter 16 of the Acts of 2007,

An Act to Amend

Chapter 155 of the Revised Statutes, 1989, the Executive Council Act, is pleased to order and declare by proclamation that

Chapter 16 of the Acts of 2007,

An Act to Amend

Chapter 155 of the Revised Statutes, 1989, the Executive Council Act, do come into force on and not before April 20, 2007. PROVINCE OF NOVA SCOTIA sgd: Mayann Francis G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 3 of

Chapter 16 of the Acts of 2007,

An Act to Amend

Chapter 155 of the Revised Statutes, 1989, the Executive Council Act, it is enacted as follows:

N.S. Reg. 225/2007 - 226/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 492 ©NS Registry of Regulations. Web version. 3 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 16 of the Acts of 2007,

An Act to Amend

Chapter 155 of the Revised Statutes, 1989, the Executive Council Act, do come into force on and not before April 20, 2007; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 16 of the Acts of 2007,

An Act to Amend

Chapter 155 of the Revised Statutes, 1989, the Executive Council Act, do come into force on and not before April 20, 2007, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia.

AT Our Government House in the Halifax Regional Municipality, this 20th day of April in the year of Our Lord two thousand and seven and in the fifty- sixth year of Our Reign. BY COMMAND: sgd: Murray K. Scott Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 226/2007 Made: April 20, 2007 Filed: April 20, 2007 Proclamation, S. 9, S.N.S. 2007, c. 6 Order in Council 2007-226 dated April 20, 2007 Proclamation made by the Governor in Council pursuant to

Section 9 of the Democracy 250 Act The Governor in Council on the report and recommendation of the Government House Leader dated April 17, 2007, pursuant to

Section 9 of

Chapter 6 of the Acts of 2007, the Democracy 250 Act, is pleased to order and declare by proclamation that

Chapter 6 of the Acts of 2007, the Democracy 250 Act, do come into force on and not before April 20, 2007.

N.S. Reg. 226/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 ©NS Registry of Regulations. Web version. 493 PROVINCE OF NOVA SCOTIA sgd: Mayann Francis G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 9 of

Chapter 6 of the Acts of 2007, the Democracy 250 Act, it is enacted as follows: 9 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 6 of the Acts of 2007, the Democracy 250 Act, do come into force on and not before April 20, 2007; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 6 of the Acts of 2007, the Democracy 250 Act, do come into force on and not before April 20, 2007, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia.

AT Our Government House in the Halifax Regional Municipality, this 20th day of April in the year of Our Lord two thousand and seven and in the fifty- sixth year of Our Reign. BY COMMAND: sgd: Murray K. Scott Provincial Secretary Minister of Justice and Attorney General

N.S. Reg. 227/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 494 ©NS Registry of Regulations. Web version. N.S. Reg. 227/2007 Made: April 20, 2007 Filed: April 20, 2007 Fur Harvesting Regulations Order in Council 2007-227 dated April 20, 2007 Amendment to regulations made by the Governor in Council pursuant to subsection 113(1) of the Wildlife Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated March 23, 2007, and pursuant to subsection 113(1) of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act, is pleased to amend the Fur Harvesting Regulations, N.S. Reg. 165/87, made by the Governor in Council by Order in Council 87-956 dated August 18, 1987, to reflect Canada’s commitment under the Agreement on International Humane Trapping Standards between the European Community, Canada and the Russian Federation, and to permit the use of certain traps for weasels, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after April 20, 2007.

Schedule “A” Amendment to the Fur Harvesting Regulations made by the Governor in Council pursuant to subsection 113(1) of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act 1 Subsection 11(3) of the Fur Harvesting Regulations, N.S. Reg. 165/87, made by the Governor in Council by Order in Council 87-956 dated August 18, 1987, is amended by (

a) striking out “and” immediately after “box traps” and substituting a comma; (

b) adding “or rat traps equipped with a hood or othe r device to prevent animals larger than weasels from activating the trigger” immediately after “submarine traps”; and (

c) striking out “on cultivated land or”. 2 The regulations are further amended by adding th e following subsections immediately after subsection 11(19):

(20) A person may only use a body-gripping trap that is listed in

Schedule A as approved as a killing trap for use on land for that species to take a beaver, fisher, raccoon or muskrat on land.

(21) A person may only use a body-gripping trap to take a beaver or muskrat underwater if one of the following applies: (

a) the trap is listed in

Schedule A as approve d as a killing trap for use underwater for that species; (

b) the trap is set for muskrat and prevents the muskrat from resurfacing. 3 The regulations are further amended by adding th e attached

Schedule A immediately after

Section 17.

N.S. Reg. 227/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 ©NS Registry of Regulations. Web version. 495

Schedule A List of Approved Body-Gripping Traps (Certified under the Canadian Trap Certification Program and Approved for use as Killing Traps for Beaver, Muskrat, Fisher and Raccoon in Nova Scotia) Beaver Traps approved for use underwater and on land: Bélisle Classic 330 Bélisle Super X 280 Bélisle Super X 330 B.M.I. 330 Body Gripper Bridger 330 LDL C280 LDL C330 Rudy 330 Rudy 280 Sauvageau 2001-11 Species-Specific 330 Dislocator Half Magnum Species-Specific 440 Dislocator Half Magnum Woodstream Oneida Victor Conibear 280 Woodstream Oneida Victor Conibear 330 Traps approved for use on land only: Sauvageau 1000-11F Traps approved for use underwater only: B.M.I. 280 Body Gripper Duke 330 Sauvageau 2001-8 Fisher Traps approved for use on land: Bélisle Super X 120 Bélisle Super X 160 Bélisle Super X 220 Koro #2 LDL C160 Magnum LDL C220 Magnum Rudy 120 Magnum Rudy 160 Plus Sauvageau 2001-5 Sauvageau 2001-6 Sauvageau 2001-7 Sauvageau 2001-8

N.S. Reg. 227/2007 - 228/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 496 ©NS Registry of Regulations. Web version.

Raccoon Traps approved for use on land: Bélisle Classic 220 Bélisle Super X 160 Bélisle Super X 220 B.M.I. 160 Body Gripper B.M.I. 220 Body Gripper Bridger 160 Bridger 220 Duke 160 Duke 220 LDL C 160 LDL C 220 LDL C 220 Magnum Rudy 160 Rudy 160 Plus Rudy 220 Sauvageau 2001-6 Sauvageau 2001-7 Sauvageau 2001-8 Species-Specific 220 Dislocator Half Magnum Woodstream Oneida Victor Conibear 160 Woodstream Oneida Victor Conibear 220 Muskrat Traps approved for use on land: Bélisle Super X 120 B.M.I. 120 B.M.I. 120 Magnum B.M.I. 126 Magnum Bridger 120 LDL B120 Magnum Rudy 120 Magnum Sauvageau 2001-5 Sauvageau C120 Magnum Sauvageau C120 “Reverse Bend” Triple M Woodstream Oneida Victor Conibear 110 Woodstream Oneida Victor Conibear 120 N.S.

Reg. 228/2007 Made: April 20, 2007 Filed: April 20, 2007 Guide Regulations Order in Council 2007-228 dated April 20, 2007 Amendment to regulations made by the Governor in Council pursuant to subsection 113(1) of the Wildlife Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated March 23, 2007, and pursuant to subsection 113(1) of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act, is pleased, effective on and after April 20, 2007, to amend the Guide Regulations, N.S. Reg. 206/87, made by the Governor in Council by Order in Council 87-1182 dated September 29, 1987, to change the effective dates for registered guide licences to accord with other similar licences, by striking out “December” in subsection 3(3) and substituting “March”.

N.S. Reg. 229/2007 - 230/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 ©NS Registry of Regulations. Web version. 497 N.S. Reg. 229/2007 Made: April 20, 2007 Filed: April 20, 2007 Firearm and Bow Regulations Order in Council 2007-229 dated April 20, 2007 Amendment to regulations made by the Governor in Council pursuant to subsection 113(1) of the Wildlife Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated March 23, 2007, and pursuant to subsection 113(1) of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act, is pleased to amend the Firearm and Bow Regulations, N.S. Reg. 144/89, made by the Governor in Council by Order in Council 89-837 dated July 18, 1989, to permit the use of rim fire rifles smaller than .22 calibre in situations where only a .22 calibre rim fire rifle was previously permitted to be used, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after April 20, 2007.

Schedule “A” Amendment to the Firearm and Bow Regulations made by the Governor in Council pursuant to subsection 113(1) of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act 1 Subsection 4(3) of the Firearm and Bow Regulations, N.S. Reg. 144/89, made by the Governor in Council by Order in Council 89-837 dated July 18, 1989, is amended by striking out “.22 calibre rifle” and substituting “a rim fire rifle of .22 calibre or less”. 2 The regulations are further amended by adding “or l ess” immediately after “.22 calibre” in subsection 5(2), clause 6(1)(c), subsection 7(1), and clauses 7(2)(c), 7(3)(

b) and 8(4)(b). N.S. Reg. 230/2007 Made: April 20, 2007 Filed: April 20, 2007 Deer Hunting Regulations Order in Council 2007-230 dated April 20, 2007 Amendment to regulations made by the Governor in Council pursuant to subsection 113(1) of the Wildlife Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated March 23, 2007, and pursuant to subsection 113(1) of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act, is pleased to amend the Deer Hunting Regulations, N.S. Reg. 59/88, made by the Governor in Council by Order in Council 88-348 dated March 29, 1988, to extend the deer hunting season for youths aged 16 and 17 to 8 days, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after April 20, 2007.

N.S. Reg. 230/2007 - 231/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 498 ©NS Registry of Regulations. Web version.

Schedule “A” Amendment to the Deer Hunting Regulations made by the Governor in Council pursuant to subsection 113(1) of

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

Section 7A of the Deer Hunting Regulations, N.S. Reg. 59/88, made by the Governor in Council by Order in Council 88-348 dated March 29, 1988, N.S. Reg. 59/88, is amended by repealing subsection (1) and substituting the following subsection:

(1) The special youth season for hunting deer is defined as the 8 days beginning on the first Friday in October after October 10 and ending on the second Saturday following, excluding Sunday. N.S. Reg. 231/2007 Made: April 20, 2007 Filed: April 20, 2007 Moose Hunting Regulations Order in Council 2007-231 dated April 20, 2007 Amendment to regulations made by the Governor in Council pursuant to subsection 113(1) of the Wildlife Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated March 23, 2007, and pursuant to subsection 113(1) of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act, is pleased to amend the Moose Hunting Regulations, N.S. Reg. 90/88, made by the Governor in Council by Order in Council 88-405 dated April 20, 1988, to allow the Nova Scotia Federation of Anglers & Hunters to market 4 moose licenses, which the Department of Natural Resources has offered for fund-raising, to non-residents and persons who have held a license within the previous 5 years, and to make a housekeeping change, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after April 20, 2007.

Schedule “A” Amendment to the Moose Hunting Regulations made by the Governor in Council pursuant to subsection 113(1) of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act 1T h e Moose Hunting Regulations, N.S. Reg. 90/88, made by the Governor in Council by Order in Council 88-405 dated April 20, 1988, are amended by adding the following

Section immediately after

Section 4: Moose hunting stamps for special fundraising events 4A Despite Sections 3 and 4, the Minister may issue a moose hunting stamp as a result of a special fundraising event approved by the Minister for which the Minister has made a moose hunting stamp available, to a person who is 18 years of age or older and whose hunting privileges have not been revoked .

N.S. Reg. 231/2007 - 232/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 ©NS Registry of Regulations. Web version. 499 2 Subsection 5(2) of the regulations is amended by striking out “in accordance with subsection (1A)” and substituting “during an open season for hunting moose”. N.S. Reg. 232/2007 Made: April 20, 2007 Filed: April 20, 2007 General Wildlife Regulations Order in Council 2007-232 dated April 20, 2007 Amendment to regulations made by the Governor in Council pursuant to subsection 113(1) of the Wildlife Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated March 23, 2007, and pursuant to subsection 113(1) of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act, is pleased to amend the General Wildlife Regulations, N.S. Reg. 205/87, made by the Governor in Council by Order in Council 87-1181 dated September 29, 1987, to update provisions respecting shed antler possession, nuisance wildlife operator licences, conservation officers performing duties and the use of deer scent products, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after April 20, 2007.

Schedule “A” Amendment to the General Wildlife Regulations made by the Governor in Council pursuant to

Section 113 of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act 1T h e General Wildlife Regulations, N.S. Reg. 205/87, made by the Governor in Council by Order in Council 87-1181 dated September 29, 1987, are amended by adding the following

Section immediately after

Section 4: 4A Subject to such terms and conditions as the Minister considers appropriate, the Minister may, in writing, exempt a conservation officer from any provision of the Act or its regulations while the officer is carrying out investigations and other enforcement activities under the Act or its regulations. 2 The regulations are further amended by striking out “at the end of the calendar year during which it was issued” in subsection 5(10) and substituting “annually on March 31”. 3 The regulations are further amended by adding th e following subsection immediately after subsection 14(4):

(5) No person shall, while in a wildlife habitat, possess or use a product that contains or purports to contain any body part of a member of the deer family, including urine, blood or other fluids. 4 The regulations are further amended by adding th e following Sections immediately after

Section 14: Possession of antlers shed from member of deer family 15 A person is exempt from subsections 39(2), 40(3) and 66(2) of the Act, if they possess the antlers shed from a member of the deer family.

N.S. Reg. 232/2007 - 233/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 500 ©NS Registry of Regulations. Web version. Endangered Species Act applies 16 Nothing in these regulations permits the possession of anything that may not be possessed under the Endangered Species Act. N.S. Reg. 233/2007 Made: April 20, 2007 Filed: April 20, 2007 Licence and Permit Suspension Regulations Order in Council 2007-233 dated April 20, 2007 Regulations made by the Governor in Council pursuant to subsection 113(1) of the Wildlife Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated March 23, 2007, and pursuant to subsection 113(1) of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act, is pleased to make regulations governing the issuance, suspension, forfeiture, refusal and reinstatement of a licence or permit issued pursuant to the Wildlife Act or the regulations made under the Wildlife Act, and designating periods of ineligibility for a licence or permit, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after April 20, 2007.

Schedule “A” Regulations Respecting License and Permit Suspension made by the Governor in Council pursuant to subsection 113(1) of

Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act Citation 1 These regulations may be referred to as the Licence and Permit Suspension Regulations. Definition 2 In these regulations, “Act” means the Wildlife Act. Convictions resulting in 2-year suspension 3( 1 ) Except as provided in subsection (2), a person who is convicted of an offence listed in the following table may not obtain or apply for a hunting licence or permit under the Act or its regulations for 2 years from the date of their conviction: Offence Description Wildlife Act: Subsection 21(3) hunting or trapping in area closed for wildlife management purposes

Section 26 hunting or fishing without valid licence or permit Subsection 32(2) hunting while disqualified because of a hunting accident Subsection 39(2) hunting wildlife during closed season

N.S. Reg. 233/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 ©NS Registry of Regulations. Web version. 501 Subsection 39(2) exceeding seasonal bag limit prescribed for wildlife Subsection 39(2) exceeding daily bag limit prescribed for wildlife Subsection 40(1) setting trap or snare for moose or deer Subsection 50(1) hunting, taking or killing protected wildlife

Section 62 keeping wildlife or exotic wildlife in captivity contrary to Act or regulations

Section 65 selling or purchasing carcass of wildlife or any parts thereof Subsection 67(1) hunting with poison, drugs , explosives, deleterious substance

Section 68 hunting wildlife by means of, or with assistance of, a light or flambeau Subsection 69(1) shining a light of more than 4 1/2 volts at night on wildlife habitat not owned by that person

Section 79 possessing firearm or bow in wildlif e habitat contrary to Act or regulations Subsection 80(4) transporting or possessing uncased firearm or bow in wildlife habitat at night during open season Subsection 84(2) transporting loaded firearm on or in vehicle or vessel

Section 85 discharging firearm or bow across travelled portion of any highway or within 100 ft. (30.48

m) of travelled portion Subsection 87(1) possessing uncased firearm or bow in wildlife habitat while impaired by alcohol or drugs Subsection 87(2) discharging or handling firear m or bow without due care and attention Clause 88(

a) obstructing a conservation officer or person assisting Clause 88(

b) causing others to obstruct c onservation officer or person assisting Clause 88(

c) inciting others to obstruct conservation officer or person assisting Clause 88(

d) assaulting conservation officer or person assisting Deer Hunting Regulations:

Section 5 killing or possessing more deer than prescribed bag limit for deer Subsection 6(2) hunting or possessing deer during closed season Subsection 8(4) hunting deer after tag is detached from licence General Wildlife Regulations: Subsection 11(2) discharging firearm or bow betw een one-half hour after sunset and one-half hour before sunrise contrary to the regulations Subsection 14(1) hunting or possessing firearm or bow in wildlife habitat while disqualified Clause 14(4)(

b) using or possessing in wildlife habitat trap or snare capable of taking or holding big game

N.S. Reg. 233/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 502 ©NS Registry of Regulations. Web version. Moose Hunting Regulations: Subsection 4(5) hunting moose without valid moose hunting licence and valid firearm hunting certificate or bow hunting certificate Subsection 5(2) hunting moose out of season Subsection 5(3) hunting or possessing a greater number of moose than the total prescribed bag limit Firearm & Bow Regulations: Subsection 11(1) hunting or discharging firearm or bow within 804 m (880 yards) of school.

Subsection 11(2) hunting with or discharging a firearm loaded with rifle cartridge, single ball or slug within 402 m (440 yards) of dwelling, place of business, public building or public place Subsection 11(3) discharging shotgun loaded with shot, or bow within 182 m (200 yards) of dwelling, place of business, public building or other place Subsection 11(4) hunting wildlife with firearm or bow within 182 m (200 yards) of dwelling, place of business, public building or other place

(2) A person who is convicted of an offence listed in subsection (1) between September 1 and December 31, inclusive, may not obtain or apply for a hunting licence or permit under the Act or its regulations until 2 years from January 1 immediately after the date of their conviction. Convictions resulting in 5-year suspension 4 A person who is convicted of an offence under

Section 68 of the Act may not obtain or apply for a hunting licence or permit under the Act or its regulations for 5 years from the date of their conviction. Conviction while suspended resulting in further suspension 5( 1 ) A person who is convicted of an offence under the Act or its regulations while their hunting privileges are suspended under

Section 3 may not obtain or apply for a hunting licence or permit under the Act or its regulations for a further 2 years from the date the suspension under

Section 3 ends.

(2) A person who is convicted of an offence under the Act or its regulations while their hunting privileges are suspended under

Section 4 may not obtain or apply for a hunting licence or permit under the Act or its regulations for a further 5 years from the date the suspension under

Section 4 ends. Suspension after 3 convictions 6 A person who is convicted of 3 offences under the Act or its regulations in any 5-year period may not obtain or apply for a hunting licence or permit under the Act or its regulations for 5 years from the date of their third conviction.

N.S. Reg. 234/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 ©NS Registry of Regulations. Web version. 503 N.S. Reg. 234/2007 Made: April 19, 2007 Filed: April 20, 2007 Prescribed Petroleum Products Prices Order dated April 19, 2007 made by the Minister of Service Nova Scotia and Municipal Relations pursuant to

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

Section 14 of

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

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

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

Section 14 of

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

a) repeal the Order dated April 5, 2007, which prescr ibed prices for petroleum products in the Province effective on and after 12:01 a.m. on April 6, 2007; and (

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

Schedule “A”. This Order is effective on and after 12:01 a.m. on April 20, 2007. Made at Halifax, in the Halifax Regional Municipality, Nova Scotia, on April 19, 2007. Sgd. Greg Keefe for Honourable Jamie Muir Minister of Service Nova Scotia and Municipal Relations

N.S. Reg. 234/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 504 ©NS Registry of Regulations. Web version.

Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on April 20, 2007 Table 1: Benchmark Prices for Regulated Petroleum Products (cents/litre) Regular unleaded gasoline 63.4 Mid-grade unleaded gasoline 66.4 Premium unleaded gasoline 69.4 Ultra low-sulfur diesel oil 61.6 Table 2: Fixed Wholesale Prices, Retail Mark-ups and Retail Prices for Regulated Petroleum Products (cents/litre) Retail Mark-up Retail Price (includes all taxes) Self-Service Full-Service Self-Service Full-Service Fixed Wholesale Price (excludes GST) Min Max Min Max Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 95.2 98.2 101.2 87.3 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 7.5 7.5 7.5 7.5 113.1 116.5 119.9 104.1 114.8 118.2 121.6 105.8 113.1 116.5 119.9 104.1 117.1 120.5 123.9 108.1 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 95.6 98.6 101.6 87.7 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 7.5 7.5 7.5 7.5 113.5 117.0 120.4 104.5 115.3 118.7 122.1 106.2 113.5 117.0 120.4 104. 117.5 121.0 124.4 108.5 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 96.1 99.1 102.1 88.2 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 7.5 7.5 7.5 7.5 114.1 117.5 121.0 105.1 115.8 119.2 122.7 106.8 114.1 117.5 121.0 105.1 118.1 121.5 124.9 109.1 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 96.1 99.1 102.1 88.2 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 7.5 7.5 7.5 7.5 114.1 117.5 121.0 105.1 115.8 119.2 122.7 106.8 114.1 117.5 121.0 105.1 118.1 121.5 124.9 109.1 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 96.1 99.1 102.1 88.2 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 7.5 7.5 7.5 7.5 114.1 117.5 121.0 105.1 115.8 119.2 122.7 106.8 114.1 117.5 121.0 105.1 118.1 121.5 124.9 109.1

N.S. Reg. 234/2007 - 235/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 ©NS Registry of Regulations. Web version. 505 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra Low-Sulfur Diesel 96.9 99.9 102.9 89.0 4.0 4.0 4.0 4.0 5.5 5.5 5.5 5.5 4.0 4.0 4.0 4.0 7.5 7.5 7.5 7.5 115.0 118.4 121.9 106.0 116.7 120.2 123.6 107.7 115.0 118.4 121.9 106.0 119.0 122.4 125.9 110.0 N.S. Reg. 235/2007 to 236/2007 Made: April 24, 2007 Filed: April 26, 2007 Involuntary Psychiatric Treatment Regulations and Hospitals Regulations Order in Council 2007-239 dated April 24, 2007 Regulations and amendment to regulations made by the Governor in Council pursuant to

Section 83 of the Involuntary Psychiatric Treatment Act and

Section 17 of the Hospitals Act The Governor in Council on the report and recommendation of the Minister of Health dated April 13, 2007, is pleased, effective on and after July 3, 2007, (

a) pursuant to

Section 83 of

Chapter 42 of the Acts of 2005, the Involuntary Psychiatric Treatment Act, to make new regulations respecting processes for involuntary psychiatric treatment and the forms to be used under the Act, in the form set forth in

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

b) pursuant to

Section 17 of

Chapter 208 of the Revised Statutes of Nova Scotia, 1989, the Hospitals Act, to amend the regulations respecting hospitals, N.S. Reg. 16/79, made by the Governor in Council by Order in Council 79-72, dated January 23, 1979, to replace the forms used under the Act, in the manner set forth in

Schedule “B” attached to and forming part of the report and recommendation. N.S. Reg. 235/2007 Involuntary Psychiatric Treatment Regulations

Schedule “A” Regulations Respecting Involuntary Psychiatric Treatment made by the Governor in Council pursuant to

Section 83 of

Chapter 42 of the Acts of 2005, the Involuntary Psychiatric Treatment Act Citation 1 These regulations may be cited as the Involuntary Psychiatric Treatment Regulations.

Definitions for Act and regulations 2( 1 ) In these regulations, “Act” means the Involuntary Psychiatric Treatment Act.

(2) In the Act and its regulations, (a) “agent” in

Section 72 of the Act means a pers on appointed by the patient to be the patient’s representative;

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Part II - Regulations Vol. 31, No. 10 506 ©NS Registry of Regulations. Web version. (b) “declaration” does not mean a declaration as defined in the

Interpretation Act or the Evidence Act; (c) “month” means 30 days; (d) “witnesses” in subsection 74(1) of the Act does not include a patient. Designated psychiatric facilities 3 The following hospitals, or parts of hospitals, are designated as psychiatric facilities: (

a) Queen Elizabeth II Health Sciences Centre; (

b) Izaak Walton Killam Health Centre; (

c) Nova Scotia Hospital; (

d) Aberdeen Hospital of the Pictou County Health Authority; (

e) Cape Breton Regional Hospital of the Cape Breton District Health Authority; (

f) Colchester Regional Hospital of the Co lchester East Hants Health Authority; (

g) East Coast Forensic Hospital of th e Capital District Health Authority; (

h) St. Martha’s Regional Hospital of the Guysborough Antigonish-Strait District Health Authority; (

i) South Shore Regional Hospital of the South Shore District Health Authority; (

j) Valley Regional Hospital of the Annapo lis Valley District Health Authority; (

k) Yarmouth Regional Hospital of the South West District Health Authority. Patient rights 4( 1 ) When a patient is admitted to a psychiatric facility under the Act, a Declaration of Renewal of Involuntary Admission is issued for a patient or a patient’s status is changed to that of an involuntary patient, the patient and the patient’s substitute decision-maker must be given notice of the following rights orally and in writing in the form approved by the chief executive officer: (

a) the name and location of the psychiatric f acility in or through which the patient is being detained; (

b) the patient’s right to be discharged if a declar ation for renewal of the detention is not issued; (

c) the patient’s right to re tain and instruct counsel; (

d) the Review Board’s functions and the patient’s right to have their status reviewed by the Review Board or a court; (

e) the patient’s right to an oral explana tion of any document or written communication that affects the patient.

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(2) A psychiatric facility must assist a patient or person who is unable to read or understand a document or written communication that affects them and who wants an oral explanation of the document or written communication.

(3) A psychiatric facility must post a listing of patients’ rights, as set out in subsection (1), in a place in the psychiatric facility where it can seen by a persons undergoing psychiatric assessments and treatment. Examination by second psychiatrist 5 If the Review Board arranges for a patient to be examined by a second psychiatrist under subsection 74(2) of the Act, the Review Board must try to engage a psychiatrist who has not been involved with the patient’s case. Written decisions of Review Board 6 A written decision of the Review Board must include all of the following: (

a) a

summary of the facts of the case; (

b) the Board’s decision; (

c) the evidence on which the decision is based. Review Board’s annual report 7 The Review Board’s annual report must contain all of the following: (

a) statistics of the Review Board’s activities; (

b) recommendations to the Minister. Forms 8 The following forms must be used in accordance with the Act: (

a) a Detainment of Voluntary Patient form for u se under

Section 7 of the Act must be in Form 1; (

b) a Medical Certificate for Involuntary Psychiatric Assessment -

Part 1 form for use under

Section 9 of the Act must be in Form 2; (

c) a Medical Certificate for Involuntary Psychiatric Assessment -

Part 2 form for use under subsection 10(2) of the Act must be in Form 3; (

d) a Declaration of Involuntary Admission form for use under

Section 17 of the Act must be in Form 4; (

e) a Declaration of Renewal of Involuntary Ad mission form for use under

Section 21 of the Act must be in Form 5; (

f) a Declaration of Change of Status form for use under subsection 24(2) of the Act must be in Form 6; (

g) a Certificate of Leave form for use under

Section 43 of the Act must be in Form 7; (

h) a Certificate of Cancellation of Leave form for use under

Section 44 of the Act must be in Form 8;

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i) a Community Treatment Order form for use under

Section 47 of the Act must be in Form 9; (

j) a Renewal of Community Treatment Order form for use under

Section 52 of the Act must be in Form 10; (

k) a Revocation of Community Treatment Order fo rm for use under Sections 55, 56 and 57 of the Act must be in Form 11; (

l) a Request for Review form for use under

Section 68 of the Act must be in Form 12; (

m) a Notice of Hearing form for use under

Section 70 of the Act must be in Form 13.

Form 1 Detainment of Voluntary Patient (Section 7 - Involuntary Psychiatric Treatment Act) I, ___________________________________ (full name), a member of the treatment staff at __________________________________ (name of psychiatric facility), a psychiatric facility, believe on reasonable grounds that ___________________________________ (full name of patient), a voluntary patient at this facility who is requesting discharge meets all of the following criteria: “ the patient has a mental disorder “ because of the mental disorder, the patient is likely to cause serious harm to himself or herself or to another person or to suffer serious mental or physical deterioration if the patient leaves the psychiatric facility “ the patient needs to have a medical examination conducted by a psychiatrist I am therefore detaining the patient at this psychiatric facility for no more than 3 hours to allow for examination by a psychiatrist. __________________________ (date of signature) ____________________________________ (signature of treatment staff member) ________________ a.m./p.m. (time of signature) ____________________________________ (staff member’s name - printed)

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Part II - Regulations Vol. 31, No. 10 ©NS Registry of Regulations. Web version. 509 Form 2 Medical Certificate for Involuntary Psychiatric Assessment -

Part 1 (Section 9 - Involuntary Psychiatric Treatment Act) I, Dr. __________________________ (full name), a physician, personally examined _____________________ (full name of person) of ___________________________________________________ ( address of person) on ___/___/_____ (dd/mm/yyyy) at ______ a.m./p.m. at __________________ (location of examination).

It is my opinion that the person meets all of the following criteria (as set out in Sections 7 and 8 of the Act): ! the person apparently has a mental disorder ! the person, as a result of the mental disorder, (check one or both boxes) “ is threatening or attempting to cause serious harm to himself or herself or has recently done so, has recently caused serious harm to himself or herself, is seriously harming or is threatening serious harm towards another person or has recently done so “ the person is likely to suffer serious physical impairment or serious mental deterioration, or both ! the person would benefit from psychiatric inpatient treatment in a psychiatric facility and is not suitable for inpatient admission as a voluntary patient The following information supports my opinion that this person meets the criteria as checked above: 1) Observations from my examination of the patient: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ 2) Information from other sources: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Sources of above information (identify specific sources): __________________________________________________________________________________________ __________________________________________________________________________________________ I therefore certify that the person named in this certificate be detained, restrained and observed in _______________________ (name of psychiatric facility) for up to 72 hours for an involuntary psychiatric assessment by a psychiatrist. __________________________ (date of signature) ____________________________________ (signature of physician) ________________ a.m./p.m. (time of signature) ____________________________________ (physician’s name - printed)

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Part II - Regulations Vol. 31, No. 10 510 ©NS Registry of Regulations. Web version. __________________________________________ Notes: 1) This certificate must be signed by the physician who examined the person, and, in accordance with

Section 9 of the Act, is not effective unless signed within 72 hours after the examination. 2) A person cannot be taken into custody or detained unle ss this certificate is accompanied by one of the following: • a second Medical Certificate for Involuntary Psychiatric Assessment -

Part 1 (Form 2) signed by another physician • a Medical Certificate for Involuntary Psychiatric Assessment - Pa rt 2 (Form 3) signed by the same physician who signed

Part 1. Form 3 Medical Certificate for Involuntary Psychiatric Assessment -

Part 2 (Subsection 10(2) - Involuntary Psychiatric Treatment Act) I, Dr. ______________________________ (full name), a physician, signed the attached Medical Certificate for Involuntary Psychiatric Assessment -

Part 1 for _________________________________ (full name of person). I hereby certify that compelling circumstances exist for the involuntary psychiatric assessment of this person and that a second physician is not readily available to examine the person and complete a second Medical Certificate for Involuntary Psychiatric Assessment -

Part 1. __________________________ (date of signature) ____________________________________ (signature of physician) ________________ a.m./p.m. (time of signature) ____________________________________ (physician’s name - printed) __________________________________________ Note: This form must be accompanied by a Medical Certificate for Involuntary Psychiatric Assessment -

Part 1 (Form 2) signed by the same physician. Form 4 Declaration of Involuntary Admission (Section 17 - Involuntary Psychiatric Treatment Act) I, Dr. ___________________________________________________ ( full name), a psychiatrist on the staff of ________________________________________________ ( name of psychiatric facility), personally examined _____________________________________ (full name of person), at the following dates, times and locations: Date Time Location (List all examinations done by you since person’s detention. Note: If the person is being detained under

Section 10 of the Act, they must be examined within 72 hours of being detained.) I have conducted an involuntary psychiatric assessment of this person and it is my opinion that the person meets all of the following criteria (as set out in

Section 17 of the Act): ! the person has a mental disorder ! the person is in need of psychiatric treatment in a psychiatric facility ! as a result of the mental disorder, the person (check one or both boxes)

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Web version. 511 “ is threatening or attempting to cause serious harm to himself or herself or has recently done so, has recently caused serious harm to himself or herself, is seriously harming or is threatening serious harm towards another person or has recently done so “ is likely to suffer serious physical impairment or serious mental deterioration, or both ! the person requires psychiatric treatment in a psychiatric facility and is not suitable for inpatient admission as a voluntary patient ! as a result of the mental disorder, the person does not have the capacity to make admission and treatment decisions In arriving at my opinion that the person does not have the capacity to make admission and treatment decisions, I have considered whether the person fully understands and appreciates all of the following (as set out in

Section 18 of the Act): ! the nature of the condition for which the specific treatment or admission is proposed ! the nature and purpose of the treatment or admission ! the risks and benefits involved in undergoing the specific treatment or admission proposed ! the risks and benefits involved in not undergoing the specific treatment or admission “ AND I have also considered whether the person’s mental disorder affects the person’s ability to fully appreciate the consequences of making the treatment decision.

The following information supports my opinion that this person meets the criteria as checked above: 1) Observations from my examination of the patient: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ 2) Information from other sources: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Sources of above information (identify specific sources): __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ I therefore declare that this person meets the criteria of

Section 17 of the Involuntary Psychiatric Treatment Act and is to be admitted to ___________________________ (name of psychiatric facility) as an involuntary patient and is to be detained, observed and examined at the psychiatric facility. This declaration is effective on the date it is signed and expires on _______________ ___/___/_____ (dd/mm/yyyy - no later than 30 days after date signed).

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Part II - Regulations Vol. 31, No. 10 512 ©NS Registry of Regulations. Web version. __________________________ (date of signature) ____________________________________ (signature of psychiatrist) ________________ a.m./p.m. (time of signature) ____________________________________ (psychiatrist’s name - printed) __________________________________________ Note: In accordance with

Section 17 of the Act, this form must be filed with the chief executive officer or designate. Form 5 Declaration of Renewal of Involuntary Admission (Section 21 - Involuntary Psychiatric Treatment Act) I, Dr. _____________________________ (full name), a psychiatrist on the staff of _____________________ (name of psychiatric facility), am the attending psychiatrist of _____________________________ (full name of patient), an involuntary patient at the facility.

This declaration of renewal renews the Declaration of Involuntary Admission dated ___/___/_____ (dd/mm/yyyy) which expires/expired on ___/___/_____ (dd/mm/yyyy). This is the ______ (1st, 2nd, 3rd, etc.) renewal of that declaration and expires on ___/___/_____ (dd/mm/yyyy). (See note 2 at end of form.) The previous renewal of that declaration expires on ___/___/_____ (dd/mm/yyyy). I personally examined this patient on ___/___/_____ (dd/mm/yyyy) at ______ a.m./p.m. at ____________________ (location of examination).

I have conducted an involuntary psychiatric assessment of this person and it is my opinion that the person meets all of the following criteria (as set out in

Section 17 of the Act): ! the person has a mental disorder ! the person is in need of psychiatric treatment in a psychiatric facility ! as a result of the mental disorder, the person (check one or both boxes) “ is threatening or attempting to cause serious harm to himself or herself or has recently done so, has recently caused serious harm to himself or herself, is seriously harming or is threatening serious harm towards another person or has recently done so “ is likely to suffer serious physical impairment or serious mental deterioration, or both ! the person requires psychiatric treatment in a psychiatric facility and is not suitable for inpatient admission as a voluntary patient ! as a result of the mental disorder, the person does not have the capacity to make admission and treatment decisions In arriving at my opinion that the person does not have the capacity to make admission and treatment decisions, I have considered whether the person fully understands and appreciates all of the following (as set out in

Section 18 of the Act): ! the nature of the condition for which the specific treatment or admission is proposed

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Part II - Regulations Vol. 31, No. 10 ©NS Registry of Regulations. Web version. 513 ! the nature and purpose of the treatment or admission ! the risks and benefits involved in undergoing the specific treatment or admission proposed ! the risks and benefits involved in not undergoing the specific treatment or admission “ AND I have also considered whether the person’s mental disorder affects the person’s ability to fully appreciate the consequences of making the treatment decision.

The following information supports my opinion that this person meets the criteria as checked above: 1) Observations from my examination of the patient: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ 2) Information from other sources: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Sources of above information (identify specific sources): __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ I therefore declare that the patient meets the requirements of

Section 21 of the Involuntary Psychiatric Treatment Act and I renew their status as an involuntary patient, to be detained, observed and examined at the psychiatric facility, effective as of the date this declaration is signed. __________________________ (date of signature) ____________________________________ (signature of attending psychiatrist) ____________________________________ (attending psychiatrist’s name - printed) __________________________________________ Notes: 1) In accordance with

Section 21 of the Act, this form must be filed with the chief executive officer or designate. 2) In accordance with

Section 22 of the Act, a declara tion of renewal may be issued for the following terms: Renewal Term 1st renewal up to 1 month 2nd renewal up to 2 months 3rd and subsequent renewals up to 3 months 3) If this form is not filled out, the attending psychiatrist mu st fill out a Declaration of Change of Status (Form 6).

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Part II - Regulations Vol. 31, No. 10 514 ©NS Registry of Regulations. Web version. Form 6 Declaration of Change of Status (Subsection 24(2) - Involuntary Psychiatric Treatment Act,) I, Dr. _____________________________ (full name), a psychiatrist, on the staff of _____________________ (name of psychiatric facility), am the attending psychiatrist of ______________________________ (full name of patient), an involuntary patient at the facility. I examined this patient on ___/___/_____ (dd/mm/yyyy) at ______ a.m./p.m. at ____________________ (location of examination).

It is my opinion that the patient does not meet one or more of the following criteria (check all that apply): “ the patient has a mental disorder “ the patient is in need of psychiatric treatment in a psychiatric facility “ as a result of the mental disorder, the patient (check one or both boxes) “ is threatening or attempting to cause serious harm to himself or herself or has recently done so, has recently caused serious harm to himself or herself, is seriously harming or is threatening serious harm towards another person or has recently done so “ is likely to suffer serious physical impairment or serious mental deterioration, or both “ the patient requires psychiatric treatment in a psychiatric facility and is not suitable for inpatient admission as a voluntary patient “ the patient as a result of the mental disorder, does not have the capacity to make admission and treatment decisions I therefore declare that the patient no longer meets the requirements of

Section 17 of the Involuntary Psychiatric Treatment Act and the patient’s status is changed to that of a voluntary patient, effective the date that this declaration is signed. __________________________ (date of signature) ____________________________________ (signature of attending psychiatrist) ____________________________________ (attending psychiatrist’s name - printed) __________________________________________ Notes: 1) In accordance with subsection 24(2) of the Act, this form must be filed with the chief executive officer or designate. 2) In accordance with subsection 24(3) of the Act, when a patient’s status is changed to that of a voluntary patient, the patient must be promptly informed by the attending psychiatrist that they have the right to leave the psychiatric facility, subject to any detention that is lawfully authorized other than under the Involuntary Psychiatric Treatment Act.

Form 7 Certificate of Leave (Section 43 - Involuntary Psychiatric Treatment Act,) I, Dr. ________________ (full name), a psychiatrist and on the staff of the ____________ (name of psychiatric facility), a psychiatric facility, am of the opinion that _________________________ (full name of patient), an involuntary patient, should be allowed to live outside the psychiatric facility in accordance with this certificate.

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Web version. 515 This certificate allows the patient to live outside the psychiatric facility beginning ___/___/____ (dd/mm/yyyy) and ending on ___/___/_____ (dd/mm/yyyy - date no later than 6 months from beginning date) on the following conditions: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ For this certificate of leave to stay in effect, the patient must comply with the medical treatment that is described in this certificate and must attend appointments with the psychiatrist and any health professionals referred to in this certificate.

I confirm that the patient’s substitute decision-maker _____________________________ (full name) has consented to this certificate of leave being issued to the patient. __________________________ (date of signature) ____________________________________ (signature of psychiatrist) ________________ a.m./p.m. (time of signature) ____________________________________ (psychiatrist’s name - printed) __________________________________________ Notes: 1) In accordance with subsection 43(4) of the Act, a copy of this certificate must be given to all of the following: • the patient • the substitute decision-maker who c onsented to the certificate of leave • the chief executive officer or designate • any other health professional involved in the treatment plan 2) A copy of this certificate should be sent to the Review Board. 3) This certificate is not effective without the consent of the substitute decision-maker. 4) In accordance with subsection 44(1) of th e Act, the psychiatrist may cancel a certificate of leave without notice for any of the following reasons: • breach of a condition • if the psychiatrist is of the opinion that the patient’s condition may present a danger to the patient or others • the patient fails to report as required by the certificate of leave.

Form 8 Certificate of Cancellation of Leave (Section 44 - Involuntary Psychiatric Treatment Act) I, Dr. ________________________________________ (full name), a psychiatrist on the staff of _________________________________ (name of psychiatric facility), am the psychiatrist for ________________________ (full name of patient), an involuntary patient who is currently living outside of the psychiatric facility on a certificate of leave.

I am cancelling the patient’s certificate of leave dated ___________________ effective the date of this certificate of cancellation of leave because I have knowledge that (check all that apply) “ the patient has breached a condition of their certificate of leave “ the patient’s condition may present a danger to the patient or others

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Part II - Regulations Vol. 31, No. 10 516 ©NS Registry of Regulations. Web version. “ the patient has failed to report as required by their certificate of leave __________________________ (date of signature) ____________________________________ (signature of psychiatrist) ____________________________________ (psychiatrist’s name - printed) __________________________________________ Notes: This form authorizes a peace officer for up to 30 days after the date it is signed to take the patient into custody and to a psychiatric facility for an involuntary psychiatric assessment.

Form 9 Community Treatment Order (Section 47 - Involuntary Psychiatric Treatment Act) I, Dr. ________________________ (full name), a psychiatrist on the staff of __________________ (name of psychiatric facility), personally examined ________________________________ (full name of person) within the previous 72 hours on ___/___/_____ (dd/mm/yyyy) at ______ a.m./p.m. at ________________________ (location of examination). It is my opinion that the patient meets all of the following criteria (as set out in clause 47(3)(

a) of the Act): ! the person has a mental disorder for which the patient is in need of treatment or care and supervision in the community and the treatment and care can be provided in the community ! the person, as a result of the mental disorder, (check one or both boxes) “ is threatening or attempting to cause serious harm to himself or herself or has recently done so, has recently caused serious harm to himself or herself, is seriously harming or is threatening serious harm towards another person or has recently done so “ is likely to suffer serious physical impairment or serious mental deterioration, or both ! as a result of the mental disorder, the person does not have the full capacity to make treatment decisions ! during the immediately preceding 2-year period, the person (check one): “ has been detained in a psychiatric facility for a total of 60 days or longer “ has been detained in a psychiatric facility on 2 or more separate occasions “ has previously been the subject of a community treatment order ! the services that the person requires in order to reside in the community exist in the community, are available to the person, and will be provided to the person In arriving at my opinion that the person does not have the capacity to make admission and treatment decisions, I have considered whether the person fully understands and appreciates all of the following (as set out in

Section 18 of the Act): ! the nature of the condition for which the specific treatment or admission is proposed ! the nature and purpose of the treatment or admission

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Part II - Regulations Vol. 31, No. 10 ©NS Registry of Regulations. Web version. 517 ! the risks and benefits involved in undergoing the specific treatment or admission proposed ! the risks and benefits involved in not undergoing the specific treatment or admission “ AND I have also considered whether the person’s mental disorder affects the person’s ability to fully appreciate the consequences of making the treatment decision.

The following information supports my opinion that this person meets the criteria as checked above: 1) Observations from my examination of the patient: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ 2) Information from other sources: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Sources of above information (identify specific sources): __________________________________________________________________________________________ __________________________________________________________________________________________ The following are the services that will be provided to the patient and the community treatment plan that is recommended for the patient: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ The following are the names and contact information of the health professionals who will be providing treatment and support services for the patient: Name Contact information For this community treatment order to stay in effect, the patient must submit to the medical treatment that is prescribed by their psychiatrist and must attend appointments with the psychiatrist or with the health professionals listed above in the places scheduled from time to time consistent with good medical practice.

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Part II - Regulations Vol. 31, No. 10 518 ©NS Registry of Regulations. Web version. I confirm that the patient’s substitute decision-maker _____________________________ (full name) has consented to the patient being placed on a community treatment order.

This community treatment order begins on ___/___/_____ (dd/mm/yyyy) and expires on ___/___/_____ (dd/mm/yyyy - 6 months after the date that the order is signed) unless it is renewed or terminated at an earlier date. _________________________________ (signature of witness) ____________________________________ (signature of psychiatrist) _________________________________ (witness’s name - printed) ____________________________________ (psychiatrist’s name - printed) __________________________ (date of signature) __________________________ (date of signature) __________________________________________ Notes: 1) In accordance with subsection 47(5) of the Act, a copy of this order, together with a notice of the right to hold a hearing before the Review Boards must be given to all of the following: • the person • the substitute decision-maker who consen ted to the community treatment order • the chief executive officer or designate • any other health practitioner or other person who has obligations under the community treatment plan 2) A copy of this order should be sent to the Review Board. 3) In accordance with subsection 49(2) of the Act, the psychiatrist who signs this order must notify all of the above listed people of any changes to the patient’s community treatment order.

Form 10 Renewal of Community Treatment Order (Section 52 - Involuntary Psychiatric Treatment Act) I, Dr. _____________________________ (full name), a psychiatrist on the staff of ____________________ (name of psychiatric facility), personally examined ______________________________ (full name of person) who is the subject to [of] a community treatment order on ___/___/_____ (dd/mm/yyyy) at ______ a.m./p.m. at ______________________ (location of examination).

It is my opinion that the person still fulfills the criteria of the original community treatment order dated ___/___/_____ (dd/mm/yyyy) and that the community treatment order has demonstrated efficacy.

I therefore renew the community treatment order beginning ___/___/_____ (dd/mm/yyyy) and ending on ___/___/_____ (dd/mm/yyyy - date up to 6 months after date this order is signed), unless it is renewed or ended earlier. _________________________________ (signature of witness) ____________________________________ (signature of psychiatrist) _________________________________ (witness’s name - printed) ____________________________________ (psychiatrist’s name - printed) __________________________ (date of signature) __________________________ (date of signature)

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Section 52 of the Act, a community treatment order may be renewed for 6 months at any time before it expires and within 1 month after it expires. There is no limit to the number of times a community treatment order may be renewed.

Form 11A Revocation of Community Treatment Order (Section 55 - Involuntary Psychiatric Treatment Act) I, Dr. _____________________________ (full name), am a psychiatrist on the staff of _______________ (name of psychiatric facility). ___________________________________ (full name of patient) is an involuntary patient who is the subject of a community treatment order dated ___/___/_____ (dd/mm/yyyy).

I am terminating the patient’s community treatment order, effective the date of this order because it is my opinion that the person no longer meets all of the following criteria (as required by subclauses 47(3)(a)(i)-(iii) of the Act) (check all boxes that no longer apply): “ the patient has a mental disorder for which they are in need of treatment or care and supervision in the community and the treatment and care of [can] be provided in the community “ as a result of the mental disorder, the patient “ is threatening or attempting to cause serious harm to himself or herself or has recently done so, has recently caused harm to himself or herself, is seriously harming or is threatening serious harm towards another person or has recently done so “ is likely to suffer serious physical impairment or serious mental deterioration, or both “ as a result of the mental disorder, the patient does not have the full capacity to make treatment decisions _________________________________ (signature of witness) ____________________________________ (signature of psychiatrist) _________________________________ (witness’s name - printed) ____________________________________ (psychiatrist’s name - printed) __________________________ (date of signature) __________________________ (date of signature) __________________________________________ Notes: 1) When terminating a community treatment order in accordance with clauses 55(3)(

b) and (

c) of the Act, a psychiatrist must notify the person that they may live in the community without being subject to the community treatment order and the psychiatrist must notify the following persons that the community treatment order has been terminated: • the substitute decision-maker who consen ted to the community treatment order • the chief executive officer or designate • any other health practitioner or other person who has obligations under the community treatment plan 2) A copy of this order should be sent to the Review Board.

N.S. Reg. 235/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 520 ©NS Registry of Regulations. Web version. Form 11B Revocation of Community Treatment Order (Section 56 - Involuntary Psychiatric Treatment Act) I, Dr. _____________________________ (full name), am a psychiatrist on the staff of _______________ (name of psychiatric facility). ___________________________________ (full name of patient) is an involuntary patient who is the subject of a community treatment order dated ___/___/_____ (dd/mm/yyyy).

I am terminating the patient’s community treatment order, effective the date of this order because I have reasonable cause to believe that the person has failed in a substantial or deleterious manner to comply with their obligations under the order based on the following: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ _________________________________ (signature of witness) ____________________________________ (signature of psychiatrist) _________________________________ (witness’s name - printed) ____________________________________ (psychiatrist’s name - printed) __________________________ (date of signature) __________________________ (date of signature) __________________________________________ Notes: 1) When terminating a community treatment order in accordance with subsection 56(1) of the Act, a psychiatrist must request that a peace officer take the person into custody and promptly convey the person to the psychiatrist for a medical examination if all of the following conditions are met: • the psychiatrist has reasonable cause to believe that the pers on continues to meet the criteria set out in subclauses 47(3)(a)(i), (ii), and (iii) of the Act • reasonable efforts have been made to do all of the following: • locate the person • inform the person’s substitute decisi on-maker of the failure to comply • inform the substitute decision-maker of th e possibility that the psychiatrist may make a request for the peace officer to take the person into custody and the consequences • provide reasonable assistance to the person to comply with the terms of the order. 2) A request under subsection 56(1) of the Act is sufficient aut hority, for 30 days after it is issued, for a peace officer to take the person named in it into custody and convey the person to a psychiatrist who shall examine the person to determine whether • the person should be released without bei ng subject to a community treatment order • the psychiatrist should issue another community treatment or der if the person’s substitute decision-maker consents to the community treatment plan • the psychiatrist should conduct a psychiatric assessment to de termine if the person should be admitted as an involuntary patient under a declaration of involuntary admission. 3) A copy of this order should be sent to the Review Board

N.S. Reg. 235/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 ©NS Registry of Regulations. Web version. 521 Form 11C Revocation of Community Treatment Order (Section 57 - Involuntary Psychiatric Treatment Act) I, Dr. _____________________________ (full name), am a psychiatrist on the staff of _______________ (name of psychiatric facility). ___________________________________ (full name of patient) is an involuntary patient who is the subject of a community treatment order dated ___/___/_____ (dd/mm/yyyy).

I am cancelling the patient’s community treatment order, effective the date of this order because the services required for the community treatment order are unavailable. _________________________________ (signature of witness) ____________________________________ (signature of psychiatrist) _________________________________ (witness’s name - printed) ____________________________________ (psychiatrist’s name - printed) __________________________ (date of signature) __________________________ (date of signature) __________________________________________ Notes: 1) When terminating a community treatment order in accord ance with

Section 57 of the Act, a psychiatrist must: • notify the person of the termination of the order and of the re quirement for the psychiatrist to review the person’s condition • notify the person’s substitute decision-ma ker, the chief executive officer and any other health practitioner or other person who has obligations under the community treatment plan. 2) A copy of this order should be sent to the Review Board. 3) Within 72 hours of issuing the notice of termination, the psychi atrist must review the person’s condition to determine if the person can continue to live in the community without being subject to an order or if the person or whether a peace officer should be requested to convey the person to a psychiatric facility for an involuntary psychiatric assessment. [sic] Form 12 Request for Review (Section 68 - Involuntary Psychiatric Treatment Act) To: Chair of the Review Board I ____________________________ (full name of applicant), of _______________________________ (address of applicant) apply to the Review Board in the matter of __________________________ (full name of patient), an involuntary patient being treated at or through _________________________ (name of psychiatric facility).

I ask the Review Board for a hearing to review (check one) “ a declaration of involuntary admission “ a declaration of renewal of involuntary admission “ a declaration of competency for an involuntary patient under subsection 58(1) of the Hospitals Act “ whether a capable informed consent by a substitute decision-maker has been rendered under subsection 42(1) of the Involuntary Psychiatric Treatment Act “ a community treatment order “ a renewal of a community treatment order “ a certificate of cancellation of leave

N.S. Reg. 235/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 522 ©NS Registry of Regulations. Web version.

I am (check one) “ the patient for whom the review is requested “ a person authorized by the patient to act on their behalf (authorization is attached) “ the chief executive officer of the psychiatric facility at or through which the patient is being treated “ the Minister of Health or “ the Minister’s designate “ a member of the Review Board __________________________ (date of signature) ____________________________________ (signature of applicant) ____________________________________ (applicant’s name - printed) __________________________________________ Notes: 1) In accordance with subsection 70(2) of the Act, a notice of this application must be given to all of the following: • the applicant • the patient • the patient’s substitute decision-maker • the patient advisor, if no one has been authorized to act on behalf of the patient • the patient’s attending psychiatrist • the chief executive officer of the psychiatric fac ility at or through which the patient is being treated • every other person who is entitled to be a party • any person who, in the opinion of the Review Board, has a s ubstantial interest in the subject-matter of the application. 2) In accordance with subsection 69(2) of the Act, if a hearing is granted it must begin as soon as reasonably possible after this application and no later than 21 days after this application is received.

Form 13 Notice of Hearing (Section 70 - Involuntary Psychiatric Treatment Act) Take notice that __________________________ (name of applicant) of _______________________________ (address of applicant) has requested that the Review Board review the file of ___________________________ (full name of patient) of _________________________________________ (address of patient), an involuntary patient being treated at or through ______________________________ (name of psychiatric facility) regarding ____________________________ (decision or order being reviewed).

The Review Board will hold a hearing for the review of this file on ___/___/_____ (dd/mm/yyyy) at _______ a.m./p.m. at ____________________________ (location of hearing). The patient, their representative, the other parties and any such individual who, in the opinion of the Review Board, has an interest in the matter may make representations at this hearing. __________________________ (date of signature) ____________________________________ (signature of Review Board Chair) ____________________________________ (Chair’s name - printed)

N.S. Reg. 235/2007 - 236/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 ©NS Registry of Regulations. Web version. 523 __________________________________________ Notes: 1) In accordance with

Section 72 of the Act, every party is entitled to be represented by counsel or an agent in a hearing before the Review Board. 2) The Review Board must send a written decision within 10 days of the hearing to all of the following: • the person who requested the review • the patient • the patient’s representative • the patient’s substitute decision-maker • the patient’s attending psychiatrist • the chief executive officer of the psychiatric fac ility at or through which the patient is being treated • the Minister 3) A written decision of the Review Board may be appealed on any que stion of law to the Nova Scotia Court of Appeal within 30 days of receiving the decision.

N.S. Reg. 236/2007 Hospitals Regulations

Schedule “B” Amendment to the Regulations Respecting Hospitals made by the Governor in Council pursuant to

Section 17 of

Chapter 208 of the Revised Statutes of Nova Scotia, the Hospitals Act 1

Section 10 of the regulations respecting hospitals, N. S. Reg. 16/79, made by the Governor in Council by Order in Council 79-72 dated January 23, 1979, is repealed and the following

Section substituted: Forms 10 The following forms must be used in accordance with the Act: (

a) a Declaration of Capacity to Consent to Treatment form for use under

Section 53 of the Act must be in Form A; (

b) a Revocation of Declaration of Capacity to Consent to Treatment form for use under

Section 57 of the Act must be in Form B; (

c) a Declaration of Competency form for use under

Section 53 of the Act must be in Form C; (

d) a Revocation of Declaration of Competency form for use under

Section 57 of the Act must be in Form D; (

e) a Notice to Public Trustee form for use under subsection 59(1) of the Act must be in Form E. 2 The regulations are further amended by (

a) repealing Sections 18 and 19; (

b) repealing Schedules “A” through “S”; and (

c) substituting Forms “A” through “E”.

N.S. Reg. 236/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 524 ©NS Registry of Regulations. Web version. Form A Declaration of Capacity to Consent to Treatment (Section 53 - Hospitals Act) I, _____________________________________ (full name), a ______________________ (title) on the staff of _____________________________________________ (name of hospital or psychiatric facility), personally examined ___________________________ (full name of person) of __________________________________ (address of person) on ___/___/______ (dd/mm/yyyy) at _____________a.m./p.m. at ____________________ (location of examination).

It is my opinion that the person (check one) “ is capable of consenting to the proposed treatment or treatments; or “ is not capable of consenting to the proposed treatment or treatments. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ In arriving at this opinion I have considered (

a) whether the person understands the condition for which the specific treatment is proposed; (

b) the nature and purpose of the specific treatment; (

c) the risks and benefits involved in undergoing the specific treatment; and (

d) the risks and benefits involved in not undergoing the specific treatment.

The following information supports my opinion: 1) Observations from my examination of the patient: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 2) Information from other sources: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Sources of above information (identify specific sources): _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

N.S. Reg. 236/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 ©NS Registry of Regulations. Web version. 525 __________________________ (date of signature) ____________________________________ (signature) ____________________________________ (printed name) __________________________________________ Notes: 1)

Section 2A of the Hospitals Act states: 2A For the purpose of this Act, any reference to a psychiatrist carrying out a capacity or competency assessment means (

a) for the purpose of a person in a psychiatric facility, a ps ychiatrist as defined in clause (

r) of

Section 2; and (

b) for the purpose of a person in a hospital, the attending phy sician or other suitable health professional determined by the hospital. 2) Sections 54(2) to 54D of the Hospitals Act state: 54

(2) Where a patient in a hospital or a psychiatric facility is found by declaration of capacity to be incapable of consenting to treatment, consent may be given or refused on behalf of the patient by a substitute decision-maker who has capacity and is willing to make the decision to give or refuse the consent from the following in descending order: (

a) a person who has been authorized to give consent under the Medical Consent Act; (

b) the patient’s guardian appointed by a court of competent jurisdiction; (

c) the spouse or common-law partner, if the spouse or common-law partner is cohabitating with the patient in a conjugal relationship; (

d) an adult child of the patient; (

e) a parent of the patient or a person who stands in loco parentis; (

f) an adult brother or sister of the patient; (

g) any other adult next of kin of the patient; or (

h) the Public Trustee.

(3) Where a person in a category in s ubsection (2) fulfils the criteria for a substitute decision-maker as outlined in subsection (5) but refuses to consent to treatment on the patient’s behalf, the consent of a person in a subsequent category is not valid.

(4) Where two or more persons who are not described in the same clause of subsection (2) claim the authority to give or refuse consent under that subsection, the one under the clause occurring first in that subsection prevails.

(5) A person referred to in clauses (

c) to (

g) of subsection (2 ) shall not exercise the authority given by that subsection unless the person (

a) has been in personal contact with the patient over the preceding twelve-month period; (

b) is willing to assume the responsibility for consenting or refusing consent; (

c) knows of no person of a higher category who is able and willing to make the decision; and (

d) makes a statement in writing certifying the person’s rela tionship to the patient and the facts and beliefs set out in clauses (

a) to (c).

(6) The attending physician is responsible for obtaining cons ent from the appropriate person referred to in subsection (2). 54A The substitute decision-maker shall make the deci sion in relation to specified medical treatment (

a) in accordance with the patient’s prior capable informed expressed wishes; or

N.S. Reg. 236/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 526 ©NS Registry of Regulations. Web version. (

b) in the absence of awareness of a prior capable inform ed expressed wish, in accordance with what the substitute decision-maker believes to be in the patient’s best interest. 54B In order to determine the best interest of the patient for the purpose of clause (

b) of

Section 54A, regard shall be had to (

a) whether the condition of the patient will be or is lik ely to be improved by the specified medical treatment; (

b) whether the condition of the patient will improve or is likely to improve without the specified medical treatment; (

c) whether the anticipated benefit to the patient from the speci fied medical treatment outweighs the risk of harm to the patient; and (

d) whether the specified medical treatment is the least restrictive and least intrusive treatment that meets the requirements of clauses (a), (

b) and (c). 54C Whoever seeks a person’s consent on a patient’s behalf is en titled to rely on that person’s statement in writing as to the person’s relationship with the patient and as to the facts and beliefs mentioned in clauses (

a) to (

c) of subsection (5) of

Section 54, unless it is not reasonable to believe the statement. 54D

(1) Where a substitute decision-maker approves or refuses tr eatment on behalf of a patient pursuant to subsection (2) of

Section 54, the Supreme Court of Nova Scotia (Family Division) or the Family Court where there is no Supreme Court (Family Division) may review the provision or refusal of consent when requested to do so by the psychiatrist or the patient to determine whether the substitute decision-maker has rendered a capable informed consent.

(2) Where the court finds that a substitute decision-make r has not rendered a capable informed consent, the next suitable decision-maker in the hierarchy in subsection (2) of

Section 54 becomes the substitute decision-maker. Form B Revocation of Declaration of Capacity (Section 57 - Hospitals Act ) I, _______________________________ (full name), a ____________________ (title) on the staff of __________________________________ (name of hospital or psychiatric facility), personally examined _______________________________ (full name of person) on ___/___/____ (dd/mm/yyyy) at __________ a.m./p.m. at __________________________ (location of examination).

I declare that in my opinion the person is capable of consenting to the following treatment or treatments: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Therefore I am revoking the Declaration of Capacity dated ___/___/____ (dd/mm/yyyy) respecting this person. __________________________ (date of signature) ____________________________________ (signature) ____________________________________ (printed name) __________________________________________ Note:

Section 2A of the Hospitals Act states: 2A For the purpose of this Act, any reference to a psychiatrist carrying out a capacity or competency assessment means (

a) for the purpose of a person in a psychiatric facility, a ps ychiatrist as defined in clause (

r) of

Section 2; and (

b) for the purpose of a person in a hospital, the attending phy sician or other suitable health professional determined by the hospital.

N.S. Reg. 236/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 ©NS Registry of Regulations. Web version. 527 Form C Declaration of Competency (Hospitals Act,

Section 53) I, _________________________________ (full name), a ______________________ (title) on the staff of _______________________________________ (name of hospital or psychiatric facility), personally examined _______________________________ (full name of person) on ___/___/____ (dd/mm/yyyy) at __________a.m./p.m. at ___________________________ (location of examination). I declare that in my opinion the person (check one) “ is competent to administer their estate. “ is not competent to administer their estate.

In arriving at this opinion I have considered all of the following: ! the nature and degree of the person’s condition ! the complexity of the estate ! the effect of the condition of the person upon their conduct in administering the estate ! any other circumstances that I consider relevant to the estate and the person and their condition.

The following information supports my opinion: 1) Observations from my examination of the patient: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ 2) Information from other sources: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Sources of above information (identify specific sources): __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Date of admission to hospital or psychiatric facility: ___/___/_____ (dd/mm/yyyy). __________________________ (date of signature) ____________________________________ (signature) ____________________________________ (printed name)

N.S. Reg. 236/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 528 ©NS Registry of Regulations. Web version. __________________________________________ Note:

Section 2A of the Hospitals Act states: 2A For the purpose of this Act, any reference to a psychiatrist carrying out a capacity or competency assessment means (

a) for the purpose of a person in a psychiatric facility, a ps ychiatrist as defined in clause (

r) of

Section 2; and (

b) for the purpose of a person in a hospital, the attending phy sician or other suitable health professional determined by the hospital. Form D Revocation of Declaration of Competency (Section 57 - Hospitals Act) I, _________________________________ (full name), a ______________________ (title) on the staff of _______________________________________ (name of hospital or psychiatric facility), personally examined ___________________________ (full name of person) on ___/___/____ (dd/mm/yyyy) at _________ a.m./p.m. at ___________________________ (location of examination).

I declare that in my opinion the person is competent to administer their estate. Therefore I am revoking the Declaration of Competency dated ___/___/_____ (dd/mm/yyyy) respecting this person. __________________________ (date of signature) ____________________________________ (signature) ____________________________________ (printed name) __________________________________________ Note:

Section 2A of the Hospitals Act states: 2A For the purpose of this Act, any reference to a psychiatrist carrying out a capacity or competency assessment means (

a) for the purpose of a person in a psychiatric facility, a ps ychiatrist as defined in clause (

r) of

Section 2; and (

b) for the purpose of a person in a hospital, the attending phy sician or other suitable health professional determined by the hospital. Form E Notice to Public Trustee (Subsection 59(1) - Hospitals Act) I, _____________________________ (full name), am the administrator/chief executive officer (circle one) of _____________________________ (name of hospital or psychiatric facility). _________________________________________ (full name of patient), a patient at the hospital/psychiatric facility, has been examined by a psychiatrist and found to be unable to administer their estate.

N.S. Reg. 236/2007 - 237/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 ©NS Registry of Regulations. Web version. 529 I hereby advise you that circumstances are such that the Public Trustee should consider immediately assuming management of their estate. __________________________ (date of signature) ____________________________________ (signature) __________________________ (witness’s name - printed) ____________________________________ (printed name) __________________________________ (title) __________________________________________ Note:

Section 2A of the Hospitals Act states: 2A For the purpose of this Act, any reference to a psychiatrist carrying out a capacity or competency assessment means (

a) for the purpose of a person in a psychiatric facility, a ps ychiatrist as defined in clause (

r) of

Section 2; and (

b) for the purpose of a person in a hospital, the attending phy sician or other suitable health professional determined by the hospital. N.S. Reg. 237/2007 Made: April 24, 2007 Filed: April 26, 2007 Proclamation, S. 10, S.N.S. 2006, c. 13 Order in Council 2007-236 dated April 24, 2007 Proclamation made by the Governor in Council pursuant to

Section 10 of the Canadian Forces Reservists Protection Act The Governor in Council on the report and recommendation of the Minister responsible for Military Relations dated April 19, 2007, pursuant to

Section 10 of

Chapter 13 of the Acts of 2006, the Canadian Forces Reservists Protection Act, and subsection (7) of

Section 3 of

Chapter 235 of the Revised Statutes, 1989, the

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

a) Chapter 13 of the Acts of 2006, the Canadian Forces Reservists Protection Act, except Sections 3 to 7 of

Chapter 13, do come into force on and not before April 24, 2007; and (

b) Sections 3 to 7 of

Chapter 13 of the Acts of 2006, the Canadian Forces Reservists Protection Act, do come into force on and not before July 1, 2007. PROVINCE OF NOVA SCOTIA sgd: J. Michael MacDonald G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith.

N.S. Reg. 237/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 530 ©NS Registry of Regulations. Web version. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 10 of

Chapter 13 of the Acts of 2006, the Canadian Forces Reservists Protection Act, it is enacted as follows: 10 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that (

a) Chapter 13 of the Acts of 2006, the Canadian Forces Reservists Protection Act, except Sections 3 to 7 of

Chapter 13, do come into force on and not before April 24, 2007; and (

b) Sections 3 to 7 of

Chapter 13 of the Acts of 2006, the Canadian Forces Reservists Protection Act, do come into force on and not before July 1, 2007. NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that (

a) Chapter 13 of the Acts of 2006, the Canadian Forces Reservists Protection Act, except Sections 3 to 7 of

Chapter 13, do come into force on and not before April 24, 2007; and (

b) Sections 3 to 7 of

Chapter 13 of the Acts of 2006, the Canadian Forces Reservists Protection Act, do come into force on and not before July 1, 2007; of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved His Honour J. Michael MacDonald, Administrator of the Government of the Province of Nova Scotia.

AT Our Law Courts in the Halifax Regional Municipality, this 24th day of April in the year of Our Lord two thousand and seven and in the fifty- sixth year of Our Reign. BY COMMAND: sgd: Murray K. Scott Provincial Secretary Minister of Justice and Attorney General

N.S. Reg. 238/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 ©NS Registry of Regulations. Web version. 531 N.S. Reg. 238/2007 Made: April 24, 2007 Filed: April 26, 2007 Proclamation, S. 44(6), S.N.S. 2007, c. 9 Order in Council 2007-237 dated April 24, 2007 Proclamation made by the Governor in Council pursuant to subsection 44(6) of the Financial Measures

(2007) Act The Governor in Council on the report and recommendation of the Minister of Finance dated April 19, 2007, pursuant to subsection (6) of

Section 44 of

Chapter 9 of the Acts of 2007, the Financial Measures

(2007) Act, and subsection (7) of

Section 3 of

Chapter 235 of the Revised Statutes, 1989, the

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

Section 29 of

Chapter 9 of the Acts of 2007, the Financial Measures

(2007) Act, do come into force on and not before April 24, 2007, with effect on and after January 1, 2007. PROVINCE OF NOVA SCOTIA sgd: J. Michael MacDonald G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by subsection (6) of

Section 44 of

Chapter 9 of the Acts of 2007, the Financial Measures

(2007) Act, it is enacted as follows: 44

(6) Sections 16, 19, 21 and 29 have effect on and after January 1, 2007, upon the Governor in Council ordering and declaring by proclamation. AND

WHEREAS it is deemed expedient that

Section 29 of

Chapter 9 of the Acts of 2007, the Financial Measures

(2007) Act, do come into force on and not before April 24, 2007, with effect on and after January 1, 2007; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Section 29 of

Chapter 9 of the Acts of 2007, the Financial Measures

(2007) Act, do come into force on and not before April 24, 2007, with effect on and after January 1, 2007, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved His Honour J. Michael MacDonald, Administrator of the Government of the Province of Nova Scotia.

N.S. Reg. 238/2007 - 239/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 532 ©NS Registry of Regulations. Web version. AT Our Law Courts in the Halifax Regional Municipality, this 24th day of April in the year of Our Lord two thousand and seven and in the fifty- sixth year of Our Reign. BY COMMAND: sgd: Murray K. Scott Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 239/2007 Made: April 24, 2007 Filed: April 26, 2007 Proclamation, S. 92, S.N.S. 2005, c. 42 Order in Council 2007-238 dated April 24, 2007 Proclamation made by the Governor in Council pursuant to

Section 92 of the Involuntary Psychiatric Treatment Act The Governor in Council on the report and recommendation of the Minister of Health dated April 13, 2007, pursuant to

Section 92 of

Chapter 42 of the Acts of 2005, the Involuntary Psychiatric Treatment Act, is pleased to order and declare by proclamation that

Chapter 42 of the Acts of 2005, the Involuntary Psychiatric Treatment Act, do come into force on and not before July 3, 2007. PROVINCE OF NOVA SCOTIA sgd: J. Michael MacDonald G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 92 of

Chapter 42 of the Acts of 2005, the Involuntary Psychiatric Treatment Act, it is enacted as follows: 92 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 42 of the Acts of 2005, the Involuntary Psychiatric Treatment Act, do come into force on and not before July 3, 2007;

N.S. Reg. 239/2007 - 240/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 ©NS Registry of Regulations. Web version. 533 NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 42 of the Acts of 2005, the Involuntary Psychiatric Treatment Act, do come into force on and not before July 3, 2007, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved His Honour J. Michael MacDonald, Administrator of the Government of the Province of Nova Scotia.

AT Our Law Courts in the Halifax Regional Municipality, this 24th day of April in the year of Our Lord two thousand and seven and in the fifty- sixth year of Our Reign. BY COMMAND: sgd: Murray K. Scott Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 240/2007 Made: September 26, 2006 Approved: April 24, 2007 Filed: April 26, 2007 Registered Nurses Regulations Order in Council 2007-240 dated April 24, 2007 Amendment to regulations made by the Council of the College of Registered Nurses of Nova Scotia and approved by the Governor in Council pursuant to

Section 8 of the Registered Nurses Act The Governor in Council on the report and recommendation of the Minister of Health dated March 30, 2007, and pursuant to

Section 8 of

Chapter 10 of the Acts of 2001, the Registered Nurses Act, is pleased to approve amendments made by the Council of the College of Registered Nurses of Nova Scotia to the Registered Nurses Regulations, N.S. Reg. 155/2001, approved by the Governor in Council by Order in Council 2001-625 dated December 21, 2001, to require graduates of nurse practitioner programs to write a national nurse practitioner exam, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after April 24, 2007.

Schedule “A” Resolution I hereby certify that at a duly convened meeting of the Council of the College of Registered Nurses of Nova Scotia held on the 26th day of September 2005, the attached amendments to the Registered Nurses Regulations (2001) were made and passed by Council to become effective upon approval by the Governor in Council.

N.S. Reg. 240/2007 - 241/2007 Royal Gazette

Part II - Regulations Vol. 31, No. 10 534 ©NS Registry of Regulations. Web version. Dated at Halifax Nova Scotia this 15th day of March, 2007. Sgd.: Mary Ellen Gurnham Mary Ellen Gurnham President College of Registered Nurses of Nova Scotia Amendment to the Registered Nurses Regulations made by the Council of the College of Registered Nurses of Nova Scotia pursuant to

Section 8 of

Chapter 10 of the Acts of 2001, the Registered Nurses Act 1T h e Registered Nurses Regulations, N.S. Reg. 155/2001, made by the Council of the College of Registered Nurses of Nova Scotia and approved by the Governor in Council by Order in Council 2001-625 dated December 21, 2001, are amended by (

a) striking out “and” at the end of subclause 10(1)(e)(iii); (

b) striking out the period at the end of clause (

f) and substituting “; and”; and (

c) adding the following clause immediately after clause (f): (

g) for a registrant who graduates from a nurse practitioner program after January 31, 2007, has successfully completed a nurse practitioner examination approved by the Council. 2 The regulations are further amended by (

a) striking out “and” at the end of subclause 12(1)(e)(iii); (

b) striking out the period at the end of clause (

f) and substituting “; and”; and (

c) adding the following clause immediately after clause (f): (

g) for a registrant who graduates from a nurse practitioner program after January 31, 2007, has successfully completed a nurse practitioner examination approved by the Council. N.S. Reg. 241/2007 Made: April 24, 2007 Filed: April 26, 2007 Family Home Day Care Program Regulations Order in Council 2007-241 dated April 24, 2007 Regulations made by the Governor in Council pursuant to

Section 15 of the Day Care Act The Governor in Council on the report and recommendation of the Minister of Community Services dated March 19, 2007, and pursuant to

Section 15 of

Chapter 120 of the Revised Statutes of Nova Scotia, 1989, the Day Care Act, is pleased to make regulations respecting a program for family home day care, in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after April 24, 2007.

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Schedule “A” Regulations Respecting a Program for Family Home Day Care made by the Governor in Council pursuant to

Section 15 of

Chapter 120 of the Revised Statutes of Nova Scotia, 1989, the Day Care Act Citation 1 These regulations may be cited as the Family Home Day Care Program Regulations.

Definitions 2( 1 ) In these regulations, (a) “Act” means the Day Care Act; (b) “agency” means a business or organization regi stered with the Registry of Joint Stock Companies that is licensed to approve and manage family home day care in accordance with its family home day care program approved by the Director under

Section 6; (c) “approved family home day care” means day care that is provided by a care provider in their home and that is managed by an agency; (d) “care provider” means a person who provides approved family home day care; (e) “child” means a person who is less than 13 years old; (f) “family day care home” means a home in which approved family home day care is provided; (g) “family home consultant” means a person hired by an agency to provide services to care providers; (h) “infant” means an infant as defined in the Day Care Regulations made under the Act; (i) “parent” includes a guardian, foster parent or other person having the care and custody of a child; (j) “school age” means school age as defined in the Day Care Regulations made under the Act; (k) “toddler” means a toddler as defined in the Day Care Regulations made under the Act.

(2) In the Act and its regulations, “operate” includes manage. Application of these regulations 3( 1 ) These regulations apply only to agencies and to pe rsons who provide or wish to provide approved family home day care.

(2) These regulations do not require a person who cares for a maximum of 6 children of any age or a maximum of 8 school-age children to provide approved family home day care. Application of Day Care Regulations 4( 1 ) Except as provided in subsection (2), the Day Care Regulations made under the Act apply to an agency and to approved family home day care with the necessary changes in detail.

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(2) The following provisions of the Day Care Regulations made under the Act do not apply to an agency or to approved family home day care: (

a) clause 3(b), respecting non-profit facilities; (b) subsections 4(2) and 5(2), respecting licensing; (

c) clauses 6A(1)(

a) and (b), respecting daily records; (

d) Sections 10, 11, 13, 13A, subsection 17A(1) a nd clause 15(d), respecting building, equipment and space; (e) subsections 18(2) and 18(3), respecting nutrition; (f) subsections 19(8) and 19(9), respecting first aid and CPR; (

g) Sections 20, 21, 21A and 22, respecting management and staff; (

h) Section 23A, respecting parent meetings; (i) subsection 24(3), respecting fire drills; (

j) Section 27, respecting compliance and waivers. Number of children cared for 5( 1 ) Except as provided in subsections (2) and (3), a person who provides approved family home day care may care for a maximum of 6 children at a time, including their own children, and must not have any other children in their care, subject to the following restrictions: (

a) no more than 2 of the 6 children may be infants; (

b) no more than 3 of the 6 children may be toddlers or younger than toddlers.

(2) A person who provides approved family home da y care for school-age children may care for a maximum of 8 school-age children at a time, including their own children, and must not have any other children in their care.

(3) A person who provides approved family home day care for infants may care for a maximum of 3 infants at a time, including their own infants, and must not have any other children in their care. Application for agency license 6( 1 ) An application to be licensed as an agency may be made to the Department of Community Services.

(2) An application for an agency license must be in the form approved by the Director, and must include all of the following information: (

a) the applicant’s name, as approved by the Registry of Joint Stock Companies; (

b) the business number assigned to the app licant by the Canada Revenue Agency; (

c) the applicant’s civic and mailing addresses; (

d) the applicant’s te lephone and fax numbers.

(3) An application for an agency license must be accompanied by all of the following: (

a) a proposal for the applicant’s family home day care program, including all of the following:

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i) a description of the proposed program and services to be provided including the child development philosophy on which the program will be based, (ii) the business case for the program, including a community needs assessment, (iii) a 1-year estimated operating budget of expected revenues and expenditures that demonstrates the applicant’s financial viability, (iv) a description of the duties and responsibiliti es of the applicant and all staff associated with the program, including family home consultants and care providers, (

v) a plan for professional development of all staff associated with the program, including family home consultants and care providers, (vi) a description of the process to be used for approving family home day care under

Section 14, (vii) a sample of the service agreement to be u sed between the applicant and a care provider, (viii) a description of the annual assessment process for monitoring care providers and family day care homes under its management, (ix) a statement describing how each ch ild’s records will be maintained, (

x) a description of the proposed agency site for delivering the program; (

b) a copy of each of the following: (

i) the applicant’s personne l and management policy, (ii) the applicant’s parent handbook, (iii) the applicant’s behaviour guidance policy, (iv) the applicant’s care provider handbook; (

c) a list of all staff and all members of any boa rd who are associated with the family home day care program that includes all of the following information: (

i) names, (ii) mailing addresses, (iii) position titles, (iv) information relating to any required professional qualifications; (

d) proof that the proposed agency site complies w ith the regulations, orders and directions of the appropriate authority respecting fire, safety, health and sanitary requirements and any municipal by-laws; (

e) the results of all required criminal record and child abuse register checks; (

f) proof of commercial general liability insurance, or a statement satisfactory to the Director from an insurer of an intention to provide the insurance;

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g) any information required by the Director relating to the application.

(4) The Director may waive the requirement for an applicant to submit any item listed in subsection (3) that the applicant has previously submitted if that item has not changed since it was provided.

(5) An application, including all of the items listed in subsection (3), must be approved by the Director. Agency license renewal 7( 1 ) An application to renew an agency license must be in the form required by the Director and must include all of the items listed in clauses 6(3)(

c) to (g).

(2) The Director may waive the requirement for an ag ency to submit any item listed in clauses 6(3)(

c) to (

g) that the agency has previously submitted if that item has not changed since it was provided.

(3) A