Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 24, No. 8 April 21, 2000 Contents Act Reg. No. Page Dairy Commission Act

Schedule 10 - Total Production Quotas - Amendment ........ 5 3 / 2000 232 Environment Act Amendment to Ministerial Order re Able Towing and Recovery Limited, Larry Matthews, Peg Matthews, Roger Matthews, Ronald Matthews and Natasha M a t t h e w s........................................ 5 4 / 2000 233 Ministerial Order re Good Earth Organic Resources Group Limited, Owen Davis & Sons Contracting Limited, O w e n D a v i s , S h e l l y W i l c o x a n d D i e t m a r T h o l e n......... 5 9 /2000 277 Forests Act,

An Act to Amend

Chapter 179 of the Revised Statutes, 1989 Proclamation, S. 10, 1998, c. 29 ......................... 5 6 / 2000 237 Forests Act Forest Sustainability Regulations ........................ 5 7 / 2000 239 Justice Administration Amendment

(1999) Act Proclamation, S. 23(1), 1999, c. 8 - S. 2-4, S. 9-12, S. 14-18, and S. 20-22 ................ 5 5 / 2000 235 Occupational Health and Safety Act O c c u p a t i o n a l S a f e t y G e n e r a l R e g u l a t i o n s - A m e n d m e n t...... 5 2 /2000 205 Small Claims Court Act Small Claims Court Procedures and Forms Regulations - A m e n d m e n t .................................... 5 8 / 2000 257 193

April 21, 2000 ROYAL GAZETTE

Part II Regulations

Summary Proceedings Act S u m m a r y O f f e n c e T i c k e t s R e g u l a t i o n s - A m e n d m e n t........ 5 1 /2000 195 NOW AVAILABLE The second issue for the 2000 subscription year of the Folio®-based Nova Scotia Regulations CD-ROM, containing the consolidated regulations of Nova Scotia and the quarterly sectional index of regulations, is now available from the Office of the Registrar of Regulations. For information or subscriptions please call ( 902) 424-6723 or visit our website at www.gov.ns.ca/just/regulations/cd. 194

N.S. Reg. 51/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 51/2000 Made: March 29, 2000 Filed: March 29, 2000

Summary Offence Tickets Regulations Order in Council 2000-128 made March 29, 2000 Amendment to regulations made by the Governor in Council pursuant to

Section 8 of the

Summary Proceedings Act The Governor in Council on the report and recommendation of the Minister of Justice and Attorney General dated February 22, 2000, pursuant to

Section 8 of

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

Summary Proceedings Act, is pleased to amend: (

a) Order in Council 1999-99 dated March 10, 1999, by striking out

Section 3 of

Schedule “A” and substituting the following: 3 The regulations are further amended by striking out “of these regulations” in Sections 2 and 8. 3A The regulations are further amended by adding “municipal by- law or” before “statute” in

Section 3. (

b) the regulations respecting

summary offence tickets made by Order in Council 85-187 dated February 28, 1985, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation effective on, from and after March 29, 2000.

SCHEDULE “A” Amendments to the regulations respecting

summary offence tickets made by the Governor in Council pursuant to

Section 8 of

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

Summary Proceedings Act 1

Section 4 of the regulations respecting

summary offence tickets made by the Governor in Council by Order in Council 85-187 dated February 28, 1985, is repealed and the following

Section substituted: 4 The penalty may be paid out of court for those offences listed in the Schedules to these regulations where the amount of the out of court settlement is shown in the applicable

Schedule and has been entered by a peace officer on the summons portion of the

summary offence ticket. 2 Clause 5(

a) of the regulations is repealed and the following clause substituted: (

a) using the words set out in the applicable Schedule, opposite the number of the

Section providing for the offence; 195

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Part II Regulations 3

Section 8 of the regulations is repealed and the following

Section substituted: 8 The amounts of the out of court settlements shown in Schedules 5, 7, 44 through 50, 52, 54 and 55 are each increased by the sum of $30.00 and the amounts of the out of court settlements shown in

Schedule 56 are each increased by the sum of $10.00. 4 Schedules 8 and 9 of the regulations are repealed and the following

Schedule substituted:

Schedule 8 Forests Act Regulations Offence

Section Out of Court Settlement Christmas Tree Levy Regulations 1. Broker or vendor-producer (specify) failing 4(1) $280.00 to register with the Christmas Tree Council of Nova Scotia 2. Broker buying or vendor-producer selling 4(3) $280.00 (specify) Christmas trees without being registered with the Christmas Tree Council of Nova Scotia 3. Failing to remit required levy to the Christmas 5(1) $280.00 Tree Council of Nova Scotia 4. Failing to remit required levy to the Christmas 5(2) $280.00 Tree Council of Nova Scotia by February 1, contrary to the regulations 5.

Failing to remit required record to the 8(1) $280.00 Christmas Tree Council of Nova Scotia by February 1, contrary to the regulations 6. Failing to make records available, contrary 8(2) $280.00 to the regulations Forest Fire Protection Regulations 1. Setting, starting, kindling, maintaining 3(3) $165.00 (specify) fire during fire season without burning permit 2. Failing to comply with terms and conditions 4 $165.00 on burning permit or on annexed sheet 3. Failing to immediately extinguish fire after 5(1) $165.00 burning permit is cancelled or suspended 196

N.S. Reg. 51/2000 ROYAL GAZETTE

Part II Regulations 4. Failing to forthwith surrender burning 5(2) $107.50 permit after permit is cancelled or suspended 5. Failing to provide and maintain fire fighting 6(1) $165.00 equipment as required by regulations 6. Failing to maintain fire fighting equipment 6(2) $107.50 in proper working order 7. Failing to make fire fighting equipment 6(2) $165.00 readily available 8. Failing to ensure prescribed equipment 7(2) $165.00 is securely affixed to Class I machine during fire season 9.

Failing to ensure prescribed equipment 7(3)(a) $165.00 is securely affixed to Class II machine equipped with on-board suppression system, during fire season 10. Failing to ensure prescribed equipment 7(3)(b) $165.00 is securely affixed to Class II machine not equipped with on-board suppression system, during fire season 11. Failing to have prescribed equipment 7(4) $165.00 at operating site where Class II machine used or operated during fire season 12. Failing to ensure prescribed equipment 7(5) $165.00 is in proper working order 13.

Operating power saw not equipped with 8(1) $165.00 exhaust muffler in functional condition during fire season 14. Operating power saw not equipped with 8(1) $165.00 spark arrester in functional condition during fire season 15. Failing to have prescribed fire extinguisher 8(2) $165.00 at site where power saw refuelled during fire season Registration and Statistical Returns Regulations 1. Failing to file prescribed registration form 4(1) $107.50 with Minister 197

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Part II Regulations 2. Failing to file separate registration for each 4(2) $107.50 wood processing facility owned or operated 3. Failing to register within 60 days of 4(4) $107.50 regulations coming into force 4. Failing to register within 30 days of 4(5) $107.50 becoming registered buyer 5. Failing to notify Minister within 30 days 4(6) $107.50 of change in registration information 6. Failing to submit prescribed annual 5(1) $107.50 statistical return to Minister 7. Failing to submit separate annual 5(2) $107.50 statistical return for each wood processing facility owned or operated 8.

Failing to submit additional information 5(4)(a) $107.50 in prescribed form where more than 1000 m 3 solid or equivalent of primary forest products processed, exported, imported, sold or acquired and wood processing facility owned or operated 9. Failing to submit additional information 5(4)(b) $107.50 in prescribed form where more than 1000 m 3 solid or equivalent of primary forest products exported 10. Failing to submit additional information 5(4)(c) $107.50 in prescribed form where more than 1000 m 3 solid or equivalent of primary forest products sold as heating fuel 11.

Failing to submit additional information 5(4)(d) $107.50 in prescribed form where more than 1000 m 3 solid or equivalent of primary forest products acquired for producing energy 12. Failing to submit annual returns on or 5(6) $107.50 before February 28 of immediately following year 13. Failing to file report with annual 6(1) $107.50 statistical return 198

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Part II Regulations 14. Failing to report volume of primary 6(2) $107.50 forest products acquired or expected to be acquired on quarterly basis 15. Failing to make records and documents 7 $107.50 available for inspection and examination by Minister 16. Submitting false return 8 $107.50 5

Schedule 21 of the regulations is amended by (

a) adding the following item immediately after item 7: 7A. Failing to re-register for stay 12(2) $107.50 longer than 14 days (

b) adding the following item immediately after item 12: 12A. Using Cape Chignecto Provincial 16A(2) $107.50 Park without permit (

c) repealing items 37 through 40 and substituting the following items: 37. Hunting, trapping, taking, destroying 27(a) $165.00 or snaring wildlife or attempting to do same in a park without written permission of Minister 38. Possessing or discharging a loaded 27(b) $165.00 firearm or bow in a park without written permission of Minister 39. Possessing unloaded firearm or bow 27(c)(i) $165.00 that is not in properly fastened case in a park without written permission of Minister 40.

Possessing unloaded firearm or bow 27(c)(ii) $165.00 that is not completely wrapped in a park without written permission of Minister 40A. Possessing unloaded firearm or bow 27(c)(iii) $165.00 not in locked compartment of vehicle, inaccessible from inside vehicle, in a park without written permission of Minister 199

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Part II Regulations 40B. Possessing in a park, unloaded 27(c)(iv) $165.00 firearm not rendered inoperable by attachment of trigger lock without written permission of Minister 6

Schedule 25 of the regulations is amended by (

a) striking out “$625.00” in the Out of Court Settlement column in items 31, 32 and 33 and substituting “$2350.00”; (

b) striking out “$165.00” in the Out of Court Settlement column in item 34 and substituting “$395.00”; (

c) striking out “$625.00” in the Out of Court Settlement column in items 55 and 56 and substituting “$2350.00”; (

d) repealing item 88 and substituting the following item: 88. Shining light of more than 4.5 volts 69(1) $2350.00 at night on wildlife habitat not owned by that person (

e) striking out “$625.00” in the Out of Court Settlement column in items 113 and 114 and substituting “$2350.00”. 7

Schedule 26 of the regulations is amended by (

a) striking out “$625.00” in the Out of Court Settlement column in item 5 under the Bear Harvesting Regulations and substituting “$2350.00”; (

b) striking out “9(3)” in the

Section column in item 11 under the Bear Harvesting Regulations and substituting “9(2)”; (

c) repealing items 12 and 13 under the Bear Harvesting Regulations; (

d) striking out “30.48 m” in the description of the offence in item 15 under the Bear Harvesting Regulations and substituting “100 ft. (30.48 m)”; (

e) adding the following item immediately after item 19 under the Bear Harvesting Regulations: 19A. Hunting for bear other than at bait 10(2)(f) $165.00 site registered with the Department (

f) striking out the description of the offence in item 2 under the Deer Hunting Regulations and substituting “Hunting deer without valid authorization required by regulations”; 200

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Part II Regulations (

g) repealing items 3 through 9 under the Deer Hunting Regulations and substituting the following items: 3. Hunting anterless deer without 4A(5) $165.00 Anterless Deer Hunting Stamp 4. Hunting anterless deer in Deer 4A(6) $165.00 Management Zone other than zone prescribed on Anterless Deer Hunting Stamp 5. Failing to ensure head of antlered deer 5(3) $165.00 remains attached to a front quarter of the deer until the deer is processed 6. Hunting deer during special open 6(2) $165.00 season for bow hunting deer without Bow Hunter Stamp 7. Hunting deer with weapon other than 6(4) $395.00 bow and arrow fitted with a broadhead during special open season for bow hunting deer (

h) striking out “or snaring” in the description of the offence in item 13 under the Deer Hunting Regulations; (

i) adding the following item immediately after item 1 under the Deer Registration Station Regulations: 1A. Failing to register deer in accordance 5(1) $165.00 with regulations (

j) repealing items 4 and 5 under the Dog Hunting and Training Regulations; (

k) striking out “4 ½” in the description of the offence in item 7 under the Dog Hunting and Training Regulations and substituting “12”; (

l) repealing item 12 under the Dog Hunting and Training Regulations; (

m) striking out the description of the offence in item 13 under the Dog Hunting and Training Regulations and substituting “Transporting in vehicle firearm or bow (specify) that is not encased, as defined in the Firearm and Bow Regulations”; (

n) striking out the description of the offence in item 8 under the Firearm and Bow Regulations and substituting “Possessing, in wildlife habitat, a rifle, shot gun slug or ball contrary to regulations”; 201

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Part II Regulations (

o) striking out “804.67” in the description of the offence in item 19 under the Firearm and Bow Regulations and substituting “804”; (

p) striking out “402.34” in the description of the offence in item 20 under the Firearm and Bow Regulations and substituting “402”; (

q) striking out “182.88” in the description of the offence in item 21 under the Firearm and Bow Regulations and substituting “182”; (

r) striking out “182.98” in the description of the offence in item 22 under the Firearm and Bow Regulations and substituting “182”; (

s) striking out “$625.00” in the Out of Court Settlement column in items 3 and 5 under the Fur Harvesting Regulations and substituting “$2350.00”; (

t) repealing item 8 under the Fur Harvesting Regulations and substituting the following item: 8. Taking greater number of beaver than 9(2)(d) $280.00 prescribed for zone (

u) striking out “$625.00” in the Out of Court Settlement column in item 9 under the Fur Harvesting Regulations and substituting “$2350.00”; (

v) repealing item 15 under the Fur Harvesting Regulations; (

w) striking out “16.01” in the description of the offence in item 18 under the Fur Harvesting Regulations and substituting “16”; (

x) striking out the description of the offence in item 23 under the Fur Harvesting Regulations and substituting “Failing to release wildlife accidentally taken or report it to Department Office”; (

y) striking out “during closed season or” in the description of the offence in item 1 under the General Wildlife Regulations; (

z) repealing item 2 under the General Wildlife Regulations; (aa) adding “or licence” after “permit” in the description of the offence in item 9 under the General Wildlife Regulations; (ab) adding the following items immediately after item 21 under the General Wildlife Regulations: 21A. Failing to report accidental taking of 6A(6) $165.00 wildlife by captive falcon 21B. Exporting unsealed bear gallbladder 7(2A) $395.00 202

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Part II Regulations (ac) adding the following item immediately after item 29 under the General Wildlife Regulations: 29A. Selling, exposing for sale, offering 9(1)(e) $395.00 for sale, processing for sale, trading or bartering (specify) an unsealed bear gallbladder (ad) repealing item 32 under the General Wildlife Regulations; (ae) striking out the description of the offence in item 2 under the Guide Regulations and substituting “Holding guide licence or special permit to guide while disqualified”; (af) repealing item 4 under the Guide Regulations; (ag) striking out “8(1)” in the

Section column of item 5 under the Guide Regulations and substituting “8”; (ah) adding the following heading and items immediately after item 9 under the Hunter Education, Safety and Training Regulations: Liscomb Game Sanctuary Regulations 1. Hunting wildlife in Liscomb 3(1)(a) $165.00 Game Sanctuary without written authorization 2. Possessing firearm, bow, crossbow, 3(1)(b) $165.00 trap, snare (specify) or any wildlife or part thereof in Liscomb Game Sanctuary without written authorization 3. Hunting within Liscomb Game 4(2) $165.00 Sanctuary outside open season 4.

Hunting within Liscomb Game 4(3) $165.00 Sanctuary without proper licence, tag and stamp (specify) 5. Hunting in Liscomb Game 4(4) $205.00 Sanctuary with weapon other than muzzle loaded firearm 6. Failing to comply with Act or 4(6) $205.00 regulations while hunting in Liscomb Game Sanctuary 203

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Part II Regulations (ai) adding “or valid companion moose hunting stamp” after “Licence” in item 2 under the Moose Hunting Regulations; (aj) adding the following item immediately after item 2 under the Moose Hunting Regulations: 2A.

Companion licensee hunting moose 4A(6) $280.00 without being accompanied by and within hailing distance of moose hunting licence holder (ak) striking out “$625.00” in the Out of Court Settlement column in items 3 and 4 under the Moose Hunting Regulations and substituting “$2350.00”; (al) striking out “Moose Hunting Licence” in item 13 under Moose Hunting Regulations and substituting “valid Moose Hunting Licence or valid companion moose hunting stamp”; (am) striking out item 4 under the Pheasant Shooting Preserve Regulations; (an) striking out “$625.00” in the Out of Court Settlement column in item 6 under the Pheasant Shooting Preserve Regulations and substituting “$2350.00”; (ao) striking out “$625.00” in the Out of Court Settlement column in items 4, 5 and 6 under the Small Game Hunting Regulations and substituting “$2350.00”; (ap) adding the following item immediately after item 3 under the Tobeatic Wildlife Management Area Regulations: 3A.

Hunting within Tobeatic Wildlife 4(2A) $165.00 Management Area without proper licence, tag and stamp (specify) 8 Schedules 37, 38, 57 and 78 of the regulations are repealed. 204

N.S. Reg. 52/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 52/2000 Made: March 29, 2000 Filed: March 29, 2000 Occupational Safety General Regulations Order in Council 2000-130 made March 29, 2000 Amendment to regulations made by the Governor in Council pursuant to

Section 82 of the Occupational Health and Safety Act The Governor in Council on the report and recommendation of the Minister of Labour dated March 16, 2000, pursuant to

Section 82 of

Chapter 7 of the Acts of 1996, the Occupational Health and Safety Act, is pleased to: (

a) repeal Order in Council 1999-468 dated September 30, 1999; (

b) amend Order in Council 1999-195 dated April 28, 1999, by repealing clauses (a), (

b) and (

c) and substituting the following: (

a) repeal the Construction Safety Regulations made by Order in Council 68-104 dated February 12, 1968, effective on, from and after May 1, 2000, except Sections 1, 66, 68 and 82, which are repealed effective on, from and after April 28, 1999, and Sections 65, 85, 205, 226, and 271, which are repealed effective on, from and after November 1, 2000; (

b) repeal the Industrial Safety Regulations made by Order in Council 69- 127 dated February 11, 1969, effective on, from and after May 1, 2000, except Sections 1 and 249, which are repealed effective on, from and after April 28, 1999, and Sections 13, 14, 16, 19, 21, 119, 120, 122, 173, 236, and 246(

l) to (q), which are repealed effective on, from and after November 1, 2000; and (

c) make new regulations respecting occupational safety general requirements in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on, from and after May 1, 2000, except Sections 158 and 165 which are effective on, from and after April 28, 1999, and Sections 51, 52, 53, 54, 63, 64, 65, 72, 73, 75, 127, 129, 130, 131, 132, 133, 134, 135, 136 and 137, which are effective on, from and after November 1, 2000; and (

c) amend the Occupational Safety General Regulations made by Order in Council 1999-195 dated April 28, 1999, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation effective on, from and after May 1, 2000, and for greater certainty, amendments to Sections 51, 52, 53, 54, 63, 64, 65, 72, 73, 75, 127, 129, 130, 131, 132, 133, 134, 135, 136 and 137 are effective on, from and after November 1, 2000. 205

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Part II Regulations

Schedule “A” Amendments to the Occupational Safety General Regulations made by the Governor in Council pursuant to

Section 82 of

Chapter 7 of the Acts of 1996, the Occupational Health and Safety Act 1

Section 2 of the Occupational Safety General Regulations made by the Governor in Council by Order in Council 1999-195 dated April 28, 1999, is amended by (

a) relettering clause (

b) as clause (ba) and adding the following clause immediately following clause (a): (b) “ALI” means the Automatic Lift Institute; (

a) repealing clause (

r) and substituting the following clause: (r) “industrial lift truck” means a self-propelled vehicle that (

i) is designed primarily to carry, lift, stack or tier material, (ii) is equipped with an elevating mechanism, and (iii) has a lifting capacity that is greater than 450 kg, but does not include a hoist; (

c) repealing clause (t); (

d) striking out “or recommendations” in subclause (u)(i); (

e) adding the following clause immediately following clause (u): (ua) “mobile crane” means a mobile crane to which CSA standard CAN/CSA-Z150-98, “Safety Code on Mobile Cranes” applies; (

f) adding the following clause immediately following clause (v): (va) “overhead crane” means any mechanical device or structure that is used to raise, lower and move material that travels overhead and that incorporates a (

i) power driven drum, bridge and cable or rope, (ii) single or multiple girder, and (iii) moveable bridge carrying a moveable or fixed hoisting mechanism, but does not include wall cranes, cantilever gantry cranes and semi- gantry cranes; (

g) repealing clauses (w), (

x) and (

z) and substituting the following clauses: 206

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Part II Regulations (w) “power line” means the above-ground or underground wiring that is used to distribute electricity; (x) “power line equipment” means the components that are required to distribute electricity by means of a power line; (z) “powered mobile equipment” means self-propelled equipment that is designed to operate on land in conditions other than a public highway, but does not include equipment primarily designed to transport persons, an industrial lift truck or a power operated elevating work platform; (

h) repealing clause (ad) and substituting the following clause: (ad) “tower crane” means any mechanical device or structure that (

i) incorporates a power-driven drum and cable or rope and a vertical mast or tower and a jib, (ii) is of the traveling, fixed or climbing type, and (iii) is used exclusively for raising, lowering and moving material; (

i) striking out the period at the end of clause (af) and substituting a semi- colon, and adding the following clause immediately following clause (af): (ag) “worked” means drilled, blasted, extracted, excavated, loaded or subjected to other similar work. 2 The regulations are further amended by adding the following

Section immediately after

Section 8: Record retention 8A An employer shall keep each record required to be kept under subsections 75(3), 80(9) and 130(10) for a period of 5 years after the date on which the record was made. 3

Section 9 of the regulations is repealed and the following

Section substituted: 9( 1 ) An employer shall ensure that adequate personal protective equipment or devices required for an assigned task are used, based on (

a) the nature of the task; (

b) the location and conditions of the workplace; and (

c) any hazards that may affect the health and safety of people in the workplace.

(2) Where personal protective equipment or devices are required under the Act or these regulations, an employer shall ensure that 207

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Part II Regulations (

a) an employee receives adequate training in the proper use and care of the personal protective equipment or devices; and (

b) an employee wears or uses the personal protective equipment or devices in accordance with the instruction and training provided.

(3) An employer shall ensure that all personal protective equipment or devices required under the Act or these regulations are (

a) maintained by a competent person; and (

b) tested or visually inspected before each use, in accordance with the manufacturer’s specifications.

(4) Where a person identifies any defect in personal protective equipment or devices that may impair the adequacy of the equipment or devices, the employer shall ensure that the personal protective equipment or devices are not used until they are repaired. 4 The regulations are further amended by adding the following

Section immediately after

Section 9: 9A An employee shall wear or use personal protective equipment or devices as required under clause 9(2)(b). 5 Subsection 10(1) of the regulations is amended by striking out “CAN/CSA- Z94.3-92, “Industrial Eye and Face Protectors”“ and substituting “CAN/CSA- Z94.3-99, “Industrial Eye and Face Protectors”“. 6 Clause 11(

a) of the regulations is amended by striking out “CAN/CSA-Z94.1- 92” and substituting “CAN/CSA-Z94.1-92 (R1998)”. 7

Section 13 of the regulations is amended by adding the following subsections immediately after subsection (2):

(3) An employer shall ensure compliance with CSA standard CSA Z94.4-93 (R1997), “Selection, Use, and Care of Respirators”, in respect of (

a) the training of users of self-contained respiratory protective equipment; and (

b) the use, maintenance and testing of respiratory protective equipment.

(4) Despite clause 3(b), except as required under

Section 196, an employer is not required to ensure the quantitative fit testing of respirators. 8 Subsection 15(

c) of the regulations is amended by adding “by a competent person” immediately after “manner”. 208

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Part II Regulations 9 (1) Clause 16(2)(

a) of the regulations is amended by adding “or” immediately after the semi-colon. (2) Clauses 16(2)(

b) and (

c) of the regulations are repealed and the following clause substituted: (

b) ANSI/IESNA RP-1-1993, “American National Standard Practice for Office Lighting”. 10 Subsection 18(1) of the regulations is repealed and the following subsection substituted:

(1) An employer shall, where reasonably practicable, make accessible sufficient potable water for drinking and hand-cleaning that (

a) is close enough to the work area that neither drinking nor washing is inhibited; (

b) is no further away than 200 m from the work place; and (

c) meets the standards set out in the publication entitled Guidelines for Canadian Drinking Water Quality, Sixth Edition, published under the authority of the Minister of Health Canada, 1996. 11 (1) Subsection 21(1) of the regulations is amended by adding “enclosed” immediately after “an employer shall provide an”. (2) Subsection 21(2) of the regulations is repealed and the following subsection substituted:

(2) The eating area referred to in subsection (1) shall be (

a) kept in a sanitary condition; and (

b) adequately provided with (

i) light, heat and ventilation, (ii) tables and seating sufficient for the number of people who use the eating area at any one time, and (iii) garbage receptacles. 12 Subsection 22(3) of the regulations is amended by striking out “a person’s” and substituting “an employee’s”. 13

(1) Section 26 of the regulations is amended by striking out “health and” and substituting “health or”. 209

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(2) Clause 26(

b) of the regulations is amended by adding “in accordance with the equipment manufacturer’s instructions, or, where there are no equipment manufacturer’s instructions, in accordance with adequate work methods and lifting and moving techniques” immediately after “provided”. 14 Subsection 27(2) of the regulations is repealed and the following subsections substituted:

(2) An employer shall ensure that a chute or other safe method that provides an equivalent degree of protection is used where rubbish or debris is lowered more than 6 m vertically. (3) Subsections (1) and (2) do not apply during demolitions if (

a) a heavy weight suspended by a cable from a crane or other hoist; or (

b) a power shovel, bulldozer or other powered mobile equipment, is used to conduct the demolition. 15 Clause 28(

c) of the regulations is amended by striking out “to the chute” and substituting “and at the bottom”. 16

Section 30 of the regulations is repealed and the following

Section substituted: 30 An employer shall ensure that a bin, hopper, tank or other similar structure used to store combustible bulk material (

a) has a lid, an adequate ventilation system and is fire resistant; or (

b) has alternative measures that provide an equivalent level of safety. 17 (1) Subsection 34(1) of the regulations is amended by adding “by a competent person” immediately after “it is inspected”. (2) Clause 34(2)(

c) of the regulations is repealed and the following clause substituted: (

c) the work is performed in accordance with written specifications and a written safe work procedure certified by, (

i) in the case where there is a possibility that the material could collapse onto the equipment or a person, an engineer, following consultation with the committee or representative, if any, or (ii) in the case where there is no possibility that the material could collapse onto the equipment or a person, a competent person, following consultation with the committee or representative, if any. (3) Subsection 34(3) of the regulations is repealed and the following subsection substituted: 210

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Part II Regulations

(3) Where the face of unconsolidated bulk material is undermined or undercut by means of powered mobile equipment, an employer shall ensure that the undermining or undercutting is (

a) restricted to the depth of the bucket of the powered mobile equipment; (

b) permitted only when the approach of the powered mobile equipment is at a 90° angle plus or minus 5° to the face of the material; and (

c) performed in accordance with written specifications and a written safe work procedure certified by, (

i) in the case where there is a possibility that the material could collapse onto the equipment or a person, an engineer, following consultation with the committee or representative, if any, or (ii) in the case where there is no possibility that the material could collapse onto the equipment or a person, a competent person, following consultation with the committee or representative, if any. 18

Section 35 of the regulations is amended by adding “health or” immediately after “endanger the”. 19

Section 40 of the regulations is repealed and the following

Section substituted: 40

(1) An employer shall ensure that piping and associated equipment is (

a) constituted of material that will not significantly deteriorate because of any hazardous substance contained within it; and (

b) maintained in adequate operating condition.

(2) For each pipe and associated equipment referred to in subsection (1), an employer shall establish an inspection

schedule and conduct inspections according to that schedule. 20 Subsection 42(3) of the regulations is repealed and the following subsection substituted:

(3) Where the assessment referred to in subsection (2) determines that the electric charging of rechargeable storage batteries is likely to cause an explosive mixture of hydrogen or the release of another hazardous substance, an employer shall ensure that (

a) electric charging is performed in a designated area or room that 211

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Part II Regulations (

i) is adequately ventilated to prevent the accumulation of flammable gases, (ii) is marked at the entrance with a notice prohibiting smoking or open flames, (iii) has a floor made of non-sparking material, and (iv) where rechargeable storage batteries are mounted in trays or on racks, has level trays or racks constructed or covered with non- sparking material and of sufficient strength to carry the weight of the batteries; and (

b) a person who connects or disconnects rechargeable storage batteries for the purpose of electric charging uses non-sparking tools. 21 Clause 44(

b) of the regulations is amended by striking out “clear” and substituting “unobstructed”. 22 Clause 44(

c) is repealed and the following clause substituted: (

c) where it contains an electrolyte and is of no further use, is disposed of in a manner that prevents unintentional spillage of electrolyte. 23 Subsection 51(1)(

c) of the regulations is amended by striking out “and” immediately after the semi-colon. 24

(1) Subclause 52(1)(b)(

i) of the regulations is amended by adding “and maintained at” immediately following “is put in”.

(2) Subclause 52(1)(b)(ii) of the regulations is amended by adding “and” immediately after the comma. 25

Section 52 of the regulations is further amended by adding the following subsection immediately after subsection 52(1): (1A) No employee shall perform work on a machine, equipment, tool or electrical installation in the circumstances described in subsection (1) unless the requirements of clause 52(1)(

b) are met. 26

Section 55 of the regulations is amended by adding “, modified” immediately after “repaired”, and by striking out “, where there are no manufacturer’s specifications,”. 27 Clause 56(

c) of the regulations is amended by adding “and” immediately after the semi-colon. 28 Subsection 57(1) of the regulations is amended by 212

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Part II Regulations (

a) striking out “and operation of the equipment” and substituting “of a load, hoist, industrial lift truck or powered mobile equipment” immediately after “safe movement”; and (

b) striking out “of a hoist” and substituting “of that hoist”. 29 Subsection 58(1) of the regulations is renumbered as

Section 58 and amended by striking out “hoist” and substituting “mobile crane”. 30

Section 59 of the regulations is repealed and the following

Section substituted: 59 An employer shall ensure that a hoist or powered mobile equipment that is equipped with outriggers or stabilizers is operated with the outriggers or stabilizers engaged, unless the manufacturer’s specifications permit otherwise. 31

Section 60 of the regulations is amended by striking out “designed and installed by the manufacturer”. 32 (1) Subsection 62(1) of the regulations is amended by striking out “Where the operator” and substituting “Where an employee who is an operator”. (2) Clause 62(1)(

b) of the regulations is repealed and the following clause substituted: (

b) International Organization for Standardization (ISO) 3449:1992, “Earth-moving machinery – Falling-object protective structures – Laboratory tests and performance requirements”; (3) Clause 62(1)(

d) of the regulations is amended by adding “or” immediately after the semi-colon. (4) Clauses 62(1)(

e) and (

f) of the regulations are repealed and the following clause substituted: (

e) SAE J1084 APR80, “Operator Protective Structure Performance Criteria for Certain Forestry Equipment”. 33 Subsection 63(1) of the regulations is repealed and the following subsection substituted: 63

(1) An employer shall ensure that, where reasonably practicable, powered mobile equipment and industrial lift trucks manufactured on or after January 1, 1974, are equipped with rollover protective structures that meet the minimum safety requirements of the following standards: 213

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Part II Regulations (

a) CSA standard B352.0-95, “Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial and Mining Machines -

Part 1: General Requirements”, or is certified by an engineer or the manufacturer to provide equivalent or better protection; (

b) where applicable, CSA standard B352.1-95 (R1999), “Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining Machines -

Part 2: Testing Requirements for ROPS on Agricultural Tractors”, or is certified by an engineer or the manufacturer to provide equivalent or better protection; and (

c) where applicable, CSA standard B352.2-95 (R1999), “Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining Machines -

Part 3: Testing Requirements for ROPS on Construction, Earthmoving, Forestry, Industrial, and Mining Machines”, or is certified by an engineer or the manufacturer to provide equivalent or better protection. 34 Subsection 63(2) of the regulations is amended by striking out “an industrial lift truck manufactured before January 1, 1974 is equipped with a rollover protective structure that meets” and substituting “industrial lift trucks manufactured before January 1, 1974 are equipped with rollover protective structures that meet”. 35 (1) Subsection 65(1) of the regulations is amended by striking out “that has been fitted with a rollover protective structure has” and substituting “and industrial lift trucks that have been fitted with rollover protective structures have”.

(2) Subclause 65(1)(a)(

i) of the regulations is repealed and the following subclause substituted: (

i) SAE J386 NOV97, “Operator Restraint System for Off-Road Work Machines”, (3) Subsection 65(2) of the regulations is amended by adding “or an industrial lift truck” immediately after “powered mobile equipment”. 36 Subsection 67(1) of the regulations is amended by adding “manufacturer’s specifications for the truck or equipment state that the” immediately after “unless the”. 37 Subsection 67(2) of the regulations is repealed and the following subsection substituted: 214

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(2) An employer shall ensure that powered mobile equipment and industrial lift trucks that have an internal combustion engine are provided with fire protection equipment adequate for the hazards of the equipment or vehicles. 38

Section 69 of the regulations is amended by adding “a mobile crane, where applicable,” immediately after “operator of”. 39

(1) Section 72 of the regulations is renumbered as subsection 72(1) and amended by striking out the portion before clause (

a) and substituting “Subject to subsection (2), an employer shall ensure that a hoist is designed, installed, erected, examined, inspected, tested, operated and maintained by a competent person, in accordance with the applicable CSA or ANSI standard listed below:”

(2) Clause 72(

b) of the regulations is repealed and the following clause substituted: (

b) CSA standard C22.2 No. 33-M1984 (R1992), “Construction and Test of Electric Cranes and Hoists”;

(3) Clause 72(

e) of the regulations is repealed and the following clause substituted: (

e) ANSI standard ANSI/ALI ALCTV-1998, “Automotive Lifts - Safety Requirements for Construction, Testing and Validation”;

(4) Section 72 of the regulations is further amended by adding the following subsection immediately after subsection (1):

(2) Despite subsection (1), a “crane inspector” described in the standard referred to in clause (1)(

a) shall not require 10 000 hours of experience. 40 (1) Subsection 73(1) of the regulations is repealed and the following subsection substituted:

(1) In this

Section and

Section 74, “rated load” means the maximum load that a hoist is designed to lift or the revised maximum load that a hoist can lift in accordance with subsection (9) or (10). (2) Subsection 73(5) of the regulations is amended by (

a) striking out “by” and substituting “under”; and (

b) striking out “all of its components are able to operate safely within its safe working load” and substituting “that no component will fail within its rated load”. 215

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Part II Regulations 41 Sections 73 and 74 of the regulations are amended by striking out “safe working load” wherever it appears and substituting “rated load”. 42 Clause 75(3)(

a) of the regulations is amended by striking out “by these regulations” and substituting “under Sections 72 and 73, and subsection (1)”. 43

Section 77 of the regulations is repealed and the following

Section substituted: 77 An employer shall ensure that a mobile crane has (

a) installed and maintained in an adequate condition a device that warns the mobile crane operator when continued movement may cause the load attached to a mobile crane to strike the upper sheaves of the mobile crane; and (

b) if equipped with a boom that is not articulating, a boom angle indicator. 44

Section 80 of the regulations is repealed and the following

Section substituted: 80

(1) In this Section, “rigging hardware” means a chain, cable, webbing, bucket, grapple, hook, ring, sling or other device used to attach a load to a hoist.

(2) Every inspection required to be performed under this

Section shall be performed by a competent person.

(3) Subject to subsection (4), an employer shall ensure that rigging hardware is constructed, installed, operated, inspected and maintained in accordance with the applicable ASME standard listed below: (

a) ASME B30.9-1996, “Slings”; (

b) ASME B30.10-1993, “Hooks”; or (

c) ASME B30.20-1999, “Below-the-Hook Lifting Devices”.

(4) Where none of the standards referred to in subsection (3) apply, an employer shall ensure that the rigging hardware complies with an adequate design certified by an engineer.

(5) Where rigging hardware is commercially manufactured, in addition to the requirements of subsection (3) or (4), an employer shall ensure that rigging hardware is constructed, installed, operated, inspected and maintained in accordance with the manufacturer’s specifications.

(6) In addition to any inspection required under subsection (5), an employer shall ensure that a person inspects the rigging hardware before each use to ensure that no defect exists that may affect its structural integrity. 216

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(7) In addition to the requirements of subsections (5) and (6), an employer shall ensure that a person inspects the rigging hardware (

a) before it is put into initial service or after one month or more of disuse; and (

b) once during every year that it is in operation.

(8) Where the competent person conducting an inspection referred to in subsections (3), (5), (6) or (7) identifies a defect that may affect the structural integrity of the rigging hardware, an employer shall ensure that the rigging hardware is removed from service until such time as it is repaired.

(9) An employer shall maintain a record of (

a) the inspections referred to in subsections (3), (5), (6) or (7); and (

b) any repairs to rigging hardware.

(10) The record referred to in subsection (9) shall include the date, time, nature and results of the inspection or repair and the name of the person who performed the inspection or repair.

(11) An employer shall identify the safe lifting capacity of rigging hardware on the device in a permanent and clearly legible manner.

(12) An employer shall ensure that a person using rigging hardware receives adequate training and other information sufficient to ensure that they are knowledgeable about the capacity of the rigging hardware.

(13) An employer shall designate a competent person to use rigging hardware.

(14) Before a load is raised by a hoist, an employer shall ensure that a competent person ensures that the load is secured to the hoist in an adequate manner by means of appropriate rigging hardware. 45 Subsection 84(1) of the regulations is amended by adding “that may be a hazard to the health or safety of a person at the workplace” immediately after “machine”. 46 (1) Subsection 87(1) of the regulations is repealed and the following subsection substituted:

(1) In this

Section “safeguard” means a guard, shield, guardrail, fence, gate, barrier, safety net, wire mesh or other protective enclosure or device, but does not include personal protective equipment. 217

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Part II Regulations (2) Subsection 87(8) of the regulations is amended by adding “, where reasonably practicable,” immediately after “ensure”.

(3) Section 87 of the regulations is further amended by adding the following subsection immediately after subsection (8):

(9) Where it is not reasonably practicable to fit an access door with interlocks in accordance with subsection (8), an employer shall, in consultation with the committee or representative, if any, develop an adequate written work procedure. 47

Section 89 of the regulations is repealed and the following

Section substituted: 89 Where a machine or tool that is not designed to operate unattended creates a hazard to a person in the workplace if it operates unattended, an employer shall ensure that the machine or tool is equipped with a “hold to operate” device that starts it when the device is held in a set position or stops it when the device is released. 48 Subsection 92(1) of the regulations is amended by striking out “inflated, to control the hazard of the tire exploding,” and substituting “mounted on a rim and is in the process of being inflated”. 49 Clauses 93(2)(

b) and (

c) of the regulations are repealed and the following clauses substituted: (

b) pinch points that a person may come into contact with are adequately guarded; and (

c) the conveyor cannot feed onto a stopped power-driven conveyor, or that written procedures are developed that provide an equivalent level of safety. 50

Section 95 of the regulations is amended by striking out “it is equipped with guards or other adequate protection to prevent the material from falling from the conveyor to the workplace below” and adding the following clauses after “shall ensure that”: (

a) it is equipped with guards or other adequate protection to prevent the material from falling from the conveyor to the workplace below; or (

b) adequate barriers are installed that prevent a person from being under the conveyor while it is running. 51 Subsection 97(3) of the regulations is repealed and the following subsection substituted:

(3) An employer shall ensure that, before the installation of an abrasive wheel, the abrasive wheel is inspected by a designated competent person for flaws, defects or cracks. 218

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Part II Regulations 52 Clause 103(

a) is repealed and the following clause substituted: (

a) the equipment is located on the ground or above a non-combustible floor of sufficient thickness to prevent the transference of enough heat to cause a fire below; 53 Clause 104(

e) of the regulations is amended by adding “, or, where there are no manufacturer’s specifications, in accordance with adequate work procedures developed by a competent person” immediately after “specifications”. 54 Subsection 105(2) of the regulations is repealed and the following subsection substituted:

(2) Where reasonably practicable, an employer shall ensure that where a person works with a device that is to be struck by a tool used by another person, the device to be struck is held by an adequate holding device. 55 Subsection 107(1) of the regulations is repealed and the following subsection substituted:

(1) Where reasonably practicable, an employer shall ensure that hydraulic, pneumatic, chemical and electrical lines and hoses do not run across aisles, travel ways or work areas. 56 (1) Subsection 109(1) of the regulations is amended by adding “including those processes” immediately after “oxy fuel gas welding or cutting process”. (2) Subsection 109(2) of the regulations is amended by adding “, where reasonably practicable,” immediately after “shall”. 57 (1) Subsection 113(1) of the regulations is amended by striking out “or pipe or a pipe, valve or fitting connected to a container or pipe” and substituting “, pipe, valve or fitting”. (2) Subsections 113(2) and (3) of the regulations are repealed and the following subsections substituted:

(2) Where a container, pipe, valve or fitting may have held an explosive, flammable or other hazardous substance, an employer shall include in the written work procedure required under subsection (1), provision (

a) for disconnecting and blanking off or moving out of alignment pipes or locking out valves in the closed position; and (

b) that after ventilation, a designated competent person shall (

i) where reasonably practicable, examine the area to be welded or processed to ensure that it is free from residue, 219

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Part II Regulations (ii) test air samples to ensure that explosive, flammable or hazardous amounts of gases or vapours have been reduced to less than 1% of the lower explosive limit in areas to be welded or processed, and (iii) certify, in writing, that work involving the application of heat can be safely undertaken and that the conditions tested in the area to be heated are likely to be maintained within a predicted and recorded range for the entire time the certification is valid.

(3) The certificate referred to in subclause (2)(b)(iii) shall include (

a) the signature of the competent person; (

b) the date and time the tests were performed; (

c) the type of work that (

i) can be performed in the area to be heated, and (ii) is explicity banned in the area to be heated; (

d) the means by which the work is to be performed; (

e) the expiry date and time of the certificate; and (

f) a record of any tests performed and of any test results.

(4) No certification issued under subclause (2)(b)(iii) shall be valid for longer than 24 hours after the time of the examination and test required to be performed under subclauses (2)(b)(

i) and (ii).

(5) An employer shall ensure that no person uses the exhaust of an internal combustion engine as a means of decreasing the concentration of flammable and explosive gases and vapours in the area to be welded or processed. 58 Subsection 116(1) of the regulations is amended by adding “and its flexible connecting hose” immediately after “regulator”. 59

Section 119 of the regulations is amended by adding “, published by the National Research Council of Canada.” immediately after “1995”. 60 (1) Subsection 120(1) of the regulations is amended by striking out “the latest edition of the Canadian Electric Code published by CSA” and substituting “CSA standard C22.1-98, “Canadian Electrical Code

Part 1 (18 th edition), Safety Standard for Electrical Installations””. (2) Subsection 120(2) of the regulations is amended by 220

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Part II Regulations (

a) striking out “The employer” and substituting “An employer”; and (

b) striking out “compliance with” and substituting “that an electrical installation at the surface mine is designed, installed, assembled, operated, inspected, serviced, tested, maintained, repaired and dismantled in accordance with”. 61 (1) Clause 121(1)(

a) of the regulations is repealed and the following clause substituted: (

a) CAN/CSA-C22.3 No. 1-M87 (R1997), “Overhead Systems”; (2) Subsection 121(2) of the regulations is amended by striking out “CSA C235-83-CAN 3, “Preferred V oltage Levels for AC Systems, 0 to 50,000 v”” and substituting “CAN3-C235-83 (R1996), “Preferred V oltage Levels for AC Systems, 0 to 50,000 V””. 62 Clause 123(1)(

b) of the regulations is repealed and the following clause substituted: (

b) that comply with the applicable standard listed below: (

i) ASTM D120-95, “Standard Specification for Rubber Insulating Gloves”, (ii) ASTM D1051-95, “Standard Specification for Rubber Insulating Sleeves”, (iii) ASTM D1048-99, “Standard Specification for Rubber Insulating Blankets”, (iv) ASTM D1050-90, “Standard Specification for Rubber Insulating Line Hose”, (

v) ASTM D1049-98, “Standard Specification for Rubber Insulating Covers”, (vi) ASTM D 178-93 (1998), “Standard Specification for Rubber Insulating Matting”, (vii) ASTM F696-97 (Reapproved 1997), “Standard Specification for Leather Protectors for Rubber Insulating Gloves and Mittens”, (viii) F711-89 (1997), “Standard Specification for Fiberglass-Reinforced Plastic (FRP) Rod and Tube Used in Live Line Tools”. 63 Subsection 124(2) of the regulations is amended by (

a) striking out “Subject to subsection (5), a” and substituting “A”; 221

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Part II Regulations (

b) striking out “or below 15 000 v to ground” and substituting “greater than 750 v phase to phase”; and (

c) striking out “submitted to the Director by the employer and”. 64 (1) Subsection 125(1) of the regulations is repealed and the following subsection substituted:

(1) In this Section, “switching device” means a device designed for the sole purpose of opening, closing or opening and closing one or more electrical circuits, and includes (

a) a circuit breaker capable of making, carrying and breaking currents under normal circuit conditions, and also making, carrying for a specified time, and breaking currents under specified abnormal conditions, such as those of a short circuit; (

b) a cutout assembly of a fuse support with either a fuse holder, fuse carrier or disconnecting blade; and (

c) a disconnecting or isolating device used for isolating a circuit or equipment from a source of power. (2) Subsection 125(3) of the regulations is repealed and the following subsection substituted: (3) Subsection (2) does not apply to switching work carried out using a switching device where an adequate written procedure has been developed by the employer in consultation with the committee or representative, if any. 65

Section 127 of the regulations is repealed and the following

Section substituted: 127 The owner of a building or structure shall ensure that a competent person (

a) creates and maintains a plan that includes a line diagram that describes the position and the ratings of the components of the electrical installation; and (

b) updates the plan to reflect a repair or alteration to the electrical installation, where an electrical installation utilized in a building or structure (

i) is rated at greater than 250 v phase to phase, (ii) is rated at greater than 250 amperes, or (iii) has multiple service entrances. 66 Clause 129(2)(

b) is repealed and the following clause substituted: 222

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Part II Regulations (

b) a firefighter engaged in structural fire-fighting or rescue, if the firefighter has received adequate training for confined space entry and rescue. 67 (1) Clause 130(3)(

f) of the regulations is repealed and the following clause substituted: (

f) for the written emergency procedures to be followed in the event of an accident or other emergency in or near the confined space, including (

i) immediate evacuation of the confined space when an alarm is activated or there is any significant, unexpected and potentially hazardous change in the concentration, level or percentage referred to in subsection (8), (ii) a determination of whether more than one person is required to be present outside a confined space during the occupancy of any person, and (iii) a written rescue procedure; (2) Subsection 130(5) of the regulations is repealed and the following subsection substituted:

(5) An employer shall ensure that (

a) a person who enters a confined space is trained at least once every 2 years in accordance with the procedures set out in clause (3)(b); and (

b) a person who undertakes rescue operations is trained at least once every year in accordance with the procedures set out in clause (3)(b). 68 (1) Subsection 133(4) of the regulations is amended by adding “, measured at atmospheric conditions containing 20.9% oxygen,” immediately after “lower explosive limit”. (2) Clause 133(4)(

a) of the regulations is repealed and the following clause substituted: (

a) the atmosphere is confirmed inert by a competent person after the performance of appropriate tests; and 69 (1) Clause 134(2)(

b) is amended by striking out “regular” and substituting “adequate”. (2) Clause 134(2)(

c) is amended by striking out “and”. 223

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Part II Regulations (3) Clause 134(2)(

d) of the regulations is repealed and the following clause substituted: (

d) is adequately trained in the emergency response procedure; and (4) Subsection 134(2) of the regulations is further amended by adding the following clause after clause (d): (

e) maintains a record of who is in the confined space. 70 (1) Clause 135(1)(

a) of the regulations is amended by striking out “or” after the semi-colon and substituting “and”. (2) Clause 135(1)(

b) of the regulations is amended by striking out “partial pressure” and substituting “concentration”. (3) Subsection 135(2) of the regulations is amended by striking out “subsection (1)” and substituting “clause (1)(b)”. 71 (1) Subsection 139(1) of the regulations is amended by striking out “is designed, constructed or” and substituting “is designed, constructed and”. (2) Subsection 139(2) of the regulations is amended by (

a) striking out “because of the work process” and substituting “for any reason except for weather or climatic conditions,”; and (

b) adding “by employees” immediately after “worn”. 72 Subsection 140(4) of the regulations is amended by striking out “Subsection (1)” and substituting “This Section”. 73

(1) Section 142 of the regulations is amended by striking out “handrail” wherever it appears and substituting “guardrail”. (2) Clause 142(1)(

b) of the regulations is amended by striking out “is” and substituting “has treads that are”. (3) Clause 142(4)(

b) of the regulations is amended by striking out “stairway” and substituting “midpoint of the tread”. (4) Clause 142(4)(

c) of the regulations is amended by striking out “an intermediate” and substituting “a second”. 74 Clause 142(5)(

b) of the regulations is repealed and the following clause substituted: (

b) is made of No. 1 or No. 2 spruce, pine, or fir as graded according to CAN/CSA-0141-91, “Softwood Lumber,” or other lumber that provides an equivalent level of safety. 224

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Part II Regulations 75 The regulations are further amended by adding the following

Section immediately before

Section 144 under the heading “Ramps”: 143A For purposes of Sections 144 and 145, “ramp” means a ramp designed primarily for pedestrian use. 76

Section 145 of the regulations is amended by striking out “handrail” wherever it appears and substituting “guardrail”. 77 Subsection 145(3) of the regulations is repealed. 78

Section 146 of the regulations is amended by striking out “handrail” wherever it appears and substituting “guardrail”. 79 Subsection 146(5) of the regulations is repealed. 80 (1) Subsection 148(2) of the regulations is amended by (

a) striking out “A person” and substituting “An employer shall ensure that a person”; and (

b) adding “fixed or portable” immediately before “ladder”. (2) Clause 148(2)(

b) of the regulations is repealed and the following clause substituted: (

b) when more than 1 m above a safe surface, maintain adequate contact with the ladder, such as 3-point contact. 81 (1) Clause 149(1)(

a) of the regulations is repealed and the following clause substituted: (

b) is made of No. 1 or No. 2 spruce, pine, or fir as graded according to CAN/CSA-0141-91, “Softwood Lumber,” or other lumber that provides an equivalent level of safety;

(2) Subclause 149(1)(d)(iv) of the regulations is amended by striking out “barbed” and substituting “spiral”. 82 Subsection 150(3) of the regulations is amended by (

a) striking out “and” in clause (a); (

b) striking out the period in clause (

b) and substituting “; and”; and (

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

c) where there is a risk of contact with live electrical conductors, is non- conductive. 225

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Part II Regulations 83 Clause 151(1)(

b) of the regulations is repealed and the following clause substituted: (

b) it is secured in an adequate manner against movement as soon as reasonably practicable; 84 Subsection 158(1) of the regulations is repealed and the following subsection substituted:

(1) Where a project, or any part thereof, being demolished is likely to endanger the safety of a person by its accidental collapse, an employer shall ensure that adequate measures are taken so that the project is adequately shored, braced or otherwise supported. 85

Section 165 of the regulations is amended by adding the following subsection immediately after subsection (6):

(7) Where the demolition involves undercutting structural supports, an employer shall develop an adequate written procedure certified by an engineer for the demolition. 86 (1) Subsection 166(1) of the regulations is amended by (

a) striking out “it is foreseeable that”; (

b) striking out “, bracing or caging” and substituting “or bracing, or that an adequate trench cage is used”; and (

c) striking out “prove” and substituting “establish”. (2) Subsection 166(6) of the regulations is amended by striking out “adequately supported” and substituting “provided adequate support”. 87 Clause 168(

b) of the regulations is amended by striking out “face” and substituting “edge”. 88 (1) Subsection 169(2) of the regulations is repealed and the following subsection substituted:

(2) Where a person may be exposed to a hazardous substance or to an oxygen rich atmosphere in an excavation or trench, an employer shall ensure that, before the person enters the excavation or trench, (

a) testing is performed to determine the concentration of any hazardous gas vapour or dust and the concentration of oxygen in the atmosphere in the immediate area of the excavation or trench where the work is to be performed; and (

b) adequate precautions are taken to reduce the risk of injury to a person. 226

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Part II Regulations

(2) Section 169 of the regulations is further amended by adding the following subsection immediately after subsection (3):

(4) An employer shall provide, at or near the sides of all temporary excavations greater than 1.2 m in depth, fences, guards or barricades that prevent a person from falling into an excavation, and shall keep those fences, guards or barricades in place at all times, except where they interfere with the excavation or other work being done. 89

Section 174 of the regulations is repealed and the following

Section substituted: 174 In this Part, "working face" means an area in a surface mine where consolidated or unconsolidated material is worked. 90

Section 177 of the regulations is repealed and the following

Section substituted: 177 Where, at the edge of a regularly used roadway in a surface mine, a drop- off greater than 3 m creates a hazard, an employer shall ensure that an adequate shoulder barrier is designed, constructed and maintained to prevent vehicles from inadvertently going off the road. 91 (1) Subsection 178(1) of the regulations is amended by striking out the portion before clause (

a) and substituting “An employer shall ensure that the grade on roadways in a surface mine does not exceed 12% on any 300 m portion of the roadway unless”. (2) Clause 178(1)(

a) of the regulations is amended by striking out “and”. (3) Subsection 178(2) of the regulations is amended by (

a) striking out “5%” and substituting “12%”; and (

b) striking out “100 m” and substituting “300 m”. 92

Section 179 of the regulations is repealed and the following

Section substituted: 179 An employer shall ensure that every person who is a pedestrian at a surface mine in an area of operating mobile equipment wears high visibility warning clothing to ensure that the pedestrian is visible to a person operating mobile equipment. 93

Section 181 of the regulations is repealed and the following

Section substituted: 181 An employer shall ensure that unconsolidated overburden at a surface mine (

a) is moved a sufficient distance away from the edge of the surface mine to prevent the overburden from falling into the surface mine; 227

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Part II Regulations (

b) if less than 7 m away from the edge of a surface mine that is greater than 1.2 m deep and in which a person is or may be present, is approved by an engineer to ensure that the distance is adequate to prevent the overburden from falling into the surface mine; and (

c) is sloped to its angle of repose. 94 Subsection 183(1) of the regulations is amended by adding “, other than at a stockpile,” immediately after “work.”. 95 The regulations are further amended by striking out the heading “Walls” before

Section 184 and substituting “Wall or working face”. 96

(1) Section 184 of the regulations is amended by striking out “wall” wherever it appears and substituting “wall or working face”. (2) Subsection 184(1) of the regulations is amended by striking out “so that there is” and substituting “and having”. (3) Clause 184(3)(

b) of the regulations is amended by adding “subject to subsection (4),” immediately before “material”. (4) Clause 184(3)(

c) of the regulations is repealed and the following clause substituted: (

c) when work is required to be performed within a radius of 1.3 times the height of the wall or working face, a procedure is developed to ensure the work is performed safely.

(5) Section 184 of the regulations is further amended by adding the following subsection immediately after subsection (3):

(4) An employer shall ensure that no material is removed in accordance with clause (3)(

b) where a person is present in a surface mine in an area where they could be struck by an object dislodged by the equipment. 97

Section 185 of the regulations is repealed and the following

Section substituted: 185 Where unconsolidated material is being worked or removed, an employer shall ensure that the vertical height of the unconsolidated material is not more than 1.5 m above the maximum reach of the equipment being used to work or remove the unconsolidated material, unless the work is done in accordance with written specifications and a written safe work procedure certified by, (

a) in the case where there is a possibility that the material could collapse onto the equipment or a person, an engineer, following consultation with the committee or representative, if any; or 228

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b) in the case where there is no possibility that the material could collapse onto the equipment or a person, a competent person, following consultation with the committee or representative, if any. 98

Section 186 of the regulations is repealed and the following

Section substituted: 186

(1) Where material in a surface mine is being worked by means of powered mobile equipment, an employer shall ensure that the working face is sloped to a maximum grade of one unit of vertical rise for every equal unit of horizontal run during periods of inactivity that exceed a period of 4 months.

(2) Where material in a surface mine is being worked by means of powered mobile equipment, an employer shall ensure that (

a) the working face extends not more than 1.5 m above the maximum reach of the equipment in use; or (

b) the work is performed in accordance with written specifications and a written safe work procedure certified by, (

i) in the case where there is a possibility that the material could collapse onto the powered mobile equipment, an engineer, following consultation with the committee or representative, if any, or (ii) in the case where there is no possibility that the material could collapse onto the powered mobile equipment, a competent person following consultation with the committee or representative, if any. 99

(1) Section 187 of the regulations is amended by striking out “undercutting” wherever it appears and substituting “undercutting or undermining”.

(2) Subclause 187(b)(ii) of the regulations is amended by (

a) striking out “done” and substituting “performed”; and (

b) striking out “an engineer” and substituting “a competent person in consultation with the committee, or representative, if any”. 100

Section 188 of the regulations is repealed and the following

Section substituted: 188 Where unconsolidated material in a surface mine is being worked by means other than powered mobile equipment, an employer shall ensure that (

a) the working face is sloped at its angle of repose; 229

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b) the vertical portion of the working face does not exceed a maximum grade of one unit of vertical rise for every equal unit of horizontal run; or (

c) the work is performed in accordance with written specifications and a written safe work procedure certified by, (

i) in the case where there is a possibility that the material could collapse onto a person, an engineer, following consultation with the committee or representative, if any, or (ii) in the case where there is no possibility that the material could collapse onto a person, a competent person, following consultation with the committee or representative, if any. 101

Section 189 is repealed and the following

Section substituted: 189 Where unconsolidated material is being worked at a working face, an employer shall ensure that no person comes closer to the working face than 1.3 times the height of the working face, unless (

a) the working face is sloped at its angle of repose; (

b) the working face is benched to limit the vertical height of the working face to not more than 1.2 m and the grade above the horizontal portion does not exceed one unit of vertical rise for every equal unit of horizontal run; or (

c) the work is performed in accordance with written specifications and a written safe work procedure certified as adequate by (

a) in the case where there is a possibility that the material will collapse onto a person, an engineer, following consultation with the committee or representative, if any, or (

b) in the case where there is no possibility that the material will collapse onto a person, a competent person, following consultation with the committee or representative, if any. 102

Section 192 of the regulations is amended by striking out “structural fire- fighting or rescue” and substituting “structural fire-fighting and rescue”. 103 Subsection 195(3) of the regulations is amended by striking out “NFPA 1982, “Standard on Personal Alert Safety Systems (PASS) for Fire Fighters”, 1993 edition” and substituting “NFPA 1982, “Standard on Personal Alert Safety Systems (PASS)”, 1998 edition”. 230

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Part II Regulations 104

Section 196 of the regulations is repealed and the following

Section substituted: 196 An employer shall ensure that firefighters receive annual quantitative fit testing of their self-contained respiratory protective equipment. 105

Section 200 of the regulations is amended by striking out “1994” and substituting “1999”. 106

Section 202 of the regulations is amended by adding “intrinsically safe” immediately after “with 2 portable”. 107 Subsection 203(4) of the regulations is amended by (

a) striking out “confirms” and substituting “conforms”; and (

b) striking out “1996” and substituting “2000”. 231

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Part II Regulations N.S. Reg. 53/2000 Made: March 28, 2000 Filed: March 29, 2000

Schedule 10 - Total Production Quotas Regulations Order dated March 28, 2000 made under

Section 13 of the Dairy Commission Act THE NOV A SCOTIA DAIRY COMMISSION, pursuant to

Section 13 of

Chapter 117 of the Revised Statues of Nova Scotia, the Dairy Commission Act, on March 28, 2000, HEREBY ORDERS that

Section 7 [Schedule 10] - Regulations Respecting Total Production Quotas, made on May 7, 1999 [July 18, 1994], be amended effective March 28, 2000.

Schedule 10 - Regulations Respecting Total Production Quotas, made by the Nova Scotia Dairy Commission on May 7, 1999 [July 18, 1994], is amended by adding

Section [clause] 7(3)(e). 7( 3 ) (

e) the Commission may, upon application of the transferor, approve the transfer of the entire quota from one producer to another specific producer where the acquiring producer purchases all of the dairy cattle of the transferor, and where in the opinion of the Commission, the transfer will result in the elimination of a dairy farm which is physically inaccessible by tractor trailer, or located on a road which limits tractor trailer accessability [accessibility]. 232

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Part II Regulations N.S. Reg. 54/2000 Made: March 30, 2000 Filed: March 31, 2000 Amendment to Ministerial Order re Able Towing and Recovery Limited, Larry Matthews et al. Order dated March 30, 2000 made under subsection 131(1) of the Environment Act IN THE MATTER OF

Chapter 1 of the Statutes of Nova Scotia 1994-95, the Environment Act (the “Act”) - and - IN THE MATTER OF a Ministerial Order issued pursuant to the provisions of the said Act to Able Towing and Recovery Limited a body corporate, located at or near Highway # 2, East Shubenacadie, Colchester County, Nova Scotia, and individuals Larry Matthews, of RR # 2, Shubenacadie, Hants County, Nova Scotia, Peg Matthews of RR # 2 Shubenacadie, Hants County, Nova Scotia, Roger Matthews of RR # 1 Elmsdale, Hants County, Nova Scotia, Ronald Matthews of RR # 1 Elmsdale, Hants County, Nova Scotia, Natasha Matthews of Shubenacadie, Hants County, Nova Scotia AMENDMENT TO MINISTERIAL ORDER I.

WHEREAS a Ministerial Order dated January 14, 2000 and duly filed in the office of the Registrar of Regulations on January 18, 2000 (Reg. 12/2000) and published in the Royal Gazette on February 11, 2000 was issued by the Honourable John Chataway, Minister of the Environment pursuant to the provisions of the Environment Act and Regulations to Able Towing and Recovery Limited, Larry Matthews, Peg Matthews, Roger Matthews, Ronald Matthews and Natasha Matthews; II. AND

WHEREAS a request has been made to the Minister of the Environment on behalf of the persons named in the Ministerial Order for an amendment to the Ministerial Order; IT IS HEREBY ORDERED THAT the following amendments be made to the above-described Ministerial Order: 1 Clause 1.0(

a) of

Schedule “A” of the Ministerial Order is revoked and replaced with the following clause: (

a) The persons named in the Ministerial Order shall ensure the underground petroleum tank and associated system is removed from the site on or before June 1, 2000; 2 Clause 1.0(

c) of

Schedule “A” of the Ministerial Order is revoked and replaced with the following clause: 233

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c) On or before May 1, 2000 the name of the Registered Installer specified in Paragraph (

b) shall be submitted to the contact person for the Department of the Environment identified in Paragraph 7.1; and 3 Paragraph 2.1 of

Schedule “A” of the Ministerial Order is revoked and replaced with the following paragraph: 2.1 On or before June 30, 2000, the Assessment Report specified in Paragraph 2.0(

c) shall be submitted to the contact person for the Department of the Environment identified in Paragraph 7.1. DATED at Halifax, in Halifax Regional Municipality, Province of Nova Scotia, this 30 th day of March, 2000. Signed: Michael Baker The Honourable Michael G . Baker, Q.C. Acting Minister of the Environment 234

N.S. Reg. 55/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 55/2000 Made: March 31, 2000 Filed: April 5, 2000 Proclamation, S. 23(1), S.N.S. 1999, c. 8 Order in Council 2000-136 made March 31, 2000 Proclamation made by the Governor in Council pursuant to subsection 23(1) of the Justice Administration Amendment

(1999) Act The Governor in Council on the report and recommendation of the Minister of Justice dated March 22, 2000, pursuant to subsection 23(1) of

Chapter 8 of the Acts of 1999 (Second Session), the Justice Administration Amendment

(1999) Act, is pleased to order and declare by proclamation that Sections 2 to 4, 9 to 12, 14 to 18 and 20 to 22 of

Chapter 8 of the Acts of 1999 (Second Session), the Justice Administration Amendment

(1999) Act, come into force on and not before April 1, 2000. PROVINCE OF NOV A SCOTIA Sgd: J. James Kinley 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, GREETING: A PROCLAMATION

WHEREAS in and by subsection 23(1) of

Chapter 8 of the Acts of 1999 (Second Session), the Justice Administration Amendment

(1999) Act, it is enacted as follows: 23

(1) Sections 2 to 4, 9 to 12, 14 to 18 and 20 to 22 come into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that Sections 2 to 4, 9 to 12, 14 to 18 and 20 to 22 of

Chapter 8 of the Acts of 1999 (Second Session), the Justice Administration Amendment

(1999) Act, come into force on and not before April 1, 2000; 235

N.S. Reg. 55/2000 ROYAL GAZETTE

Part II Regulations 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 Sections 2 to 4, 9 to 12, 14 to 18 and 20 to 22 of

Chapter 8 of the Acts of 1999 (Second Session), the Justice Administration Amendment

(1999) Act, come into force on and not before April 1, 2000, 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 the Honourable J. James Kinley, C.D., S.M., D.Eng., P.Eng., F.E.I.C., Lieutenant Governor of the Province of Nova Scotia. AT Our Government House in the Halifax Regional Municipality, this 31 st day of March, in the year of Our Lord two thousand and in the forty-ninth year of Our Reign.

BY COMMAND: Sgd: Michael G . Baker Provincial Secretary Attorney General and Minister of Justice 236

N.S. Reg. 56/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 56/2000 Made: April 5, 2000 Filed: April 5, 2000 Proclamation, S. 10, S.N.S. 1998, c. 29 Order in Council 2000-147 made April 5, 2000 Proclamation made by the Governor in Council pursuant to

Section 10 of

An Act to Amend

Chapter 179 of the Revised Statutes, 1989, the Forests Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated March 24, 2000, pursuant to

Section 10 of

Chapter 29 of the Acts of 1998,

An Act to Amend

Chapter 179 of the Revised Statutes, 1989, the Forests Act, is pleased to order and declare by proclamation that

Chapter 29 of the Acts of 1998,

An Act to Amend

Chapter 179 of the Revised Statutes, 1989, the Forests Act, come into force on and not before April 12, 2000. PROVINCE OF NOV A SCOTIA Sgd: J. J. Kinley 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, GREETING: A PROCLAMATION

WHEREAS in and by

Section 10 of

Chapter 29 of the Acts of 1998,

An Act to Amend

Chapter 179 of the Revised Statutes, 1989, the Forests Act, it is enacted as follows: 10 This Act comes into force on and not before such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 29 of the Acts of 1998,

An Act to Amend

Chapter 179 of the Revised Statutes, 1989, the Forests Act, come into force on on and not before April 12, 2000; 237

N.S. Reg. 56/2000 ROYAL GAZETTE

Part II Regulations 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 29 of the Acts of 1998,

An Act to Amend

Chapter 179 of the Revised Statutes, 1989, the Forests Act, come into force on and not before April 12, 2000, 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 the Honourable J. James Kinley, C.D., S.M., D.Eng., P.Eng., F.E.I.C., Lieutenant Governor of the Province of Nova Scotia.

AT Our Government House in the Halifax Regional Municipality, this 5 th day of April, in the year of Our Lord two thousand and in the forty-ninth year of Our Reign. BY COMMAND: Sgd: M. G . Baker Provincial Secretary Attorney General and Minister of Justice 238

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Part II Regulations N.S. Reg. 57/2000 Made: April 5, 2000 Filed: April 5, 2000 Forest Sustainability Regulations Order in Council 2000-148 made April 5, 2000 Regulations made by the Governor in Council pursuant to

Section 40 of the Forests Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated March 24, 2000, pursuant to

Section 40 of

Chapter 179 of the Revised Statutes of Nova Scotia, 1989, the Forests Act, and

Section 19 of

Chapter 365 of the Revised Statutes of Nova Scotia, 1989, the Provincial Finance Act, is pleased to make regulations respecting forest sustainability in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on, from and after April 12, 2000.

Schedule “A” Regulations respecting forest sustainability made by the Governor in Council pursuant to

Section 40 of

Chapter 179 of the Revised Statutes of Nova Scotia, 1989, the Forests Act Citation 1 These regulations may be cited as the Forest Sustainability Regulations.

Definitions 2 In these regulations (a) “export” means export from the Province; (b) “Fund” means the Sustainable Forestry Fund established under

Section 19A of the Forests Act; (c) “import” means import into the Province; (d) “industrial landowner” means a landowner who owns a wood processing facility that processes primary forest products; (e) “industrial lands” means lands owned by an industrial landowner; (f) “plan” means a wood acquisition plan; (g) “private landowner” means a landowner who does not own a wood processing facility; (h) “private lands” means lands owned by a private landowner; 239

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Part II Regulations (i) “registered buyer” means a person who (

i) is an owner or operator of a wood processing facility in the Province that processes primary forest products, (ii) exports primary forest products from the Province, (iii) imports primary forest products into the Province, (iv) sells or acquires for sale more than 1000 m 3 solid primary forest products as a fuel, or (

v) acquires primary forest products for producing energy; (j) “required value” means the total value of the plan calculated pursuant to subsection 3(5); (k) “ RSR Regulations” means the Registration and Statistical Returns Regulations made pursuant to the Forests Act; (l) “site” means the area where silviculture has been undertaken and completed; (m) “third party” means any private landowner, individual, corporation, partnership or organization that administers or implements a silviculture program on behalf of a registered buyer.

Plan submission requirement 3( 1 ) All registered buyers who have acquired in the previous calendar year primary forest products from within Nova Scotia from industrial landowners or private landowners in an amount equal to or greater than a volume of 5000 m 3 solid shall submit a plan to the Minister for approval, on or before February 28 of the immediately following year.

(2) A registered buyer who has acquired primary forest products in the previous calendar year as set out in subsection (1) is deemed to intend to acquire primary forest products in the next calendar year.

(3) A plan shall consist of (

a) a calculation of the required value; (

b) a selection of options pursuant to

Section 5 for meeting the required value; (

c) where the option of a silviculture program has been selected, a description of the silviculture program proposed; and 240

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d) where there is an approved plan that includes a silviculture program for the year immediately preceding submission of a plan, a report describing the silviculture program completed in compliance with the previous plan.

(4) A plan shall be in Form C.

(5) The required value shall be calculated using the following formula: (A x B) + (C x D) = E (

a) where A is the volume of softwood primary forest products acquired in the previous calendar year by the registered buyer from within Nova Scotia from industrial landowners and private landowners and reported in Form B,

Part II and III of the RSR Regulations; (

b) where B is the rate of $3.00 per m 3 solid of softwood primary forest products; (

c) where C is the volume of hardwood primary forest products acquired in the previous calendar year by the registered buyer from within Nova Scotia from industrial landowners and private landowners and reported in Form B,

Part II and III of the RSR Regulations; (

d) where D is the rate of $0.60 per m 3 solid of hardwood primary forest products; (

e) where E is the required value.

(6) The required value may be decreased (

a) by carrying forward credits from approved plans submitted by the registered buyer within the previous 4 calendar years in accordance with

Section 10; or (

b) as a result of a credit identified through monitoring in accordance with

Section 9.

(7) The required value shall be increased by (

a) adding deficiencies carried forward from the approved plan submitted by the registered buyer in the previous calendar year in accordance with

Section 10; or (

b) adding deficiencies identified through monitoring in accordance with

Section 9.

(8) The rates set out in clauses 3(5)(

b) and (

d) shall be reviewed by the Minister at least every 5 years. 241

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(9) The Minister shall report periodically on the silviculture completed in association with approved plans and in association with the Fund. Plan initial phase-in period 4( 1 ) The required value of a plan submitted in the calendar year 2000 pursuant to subsection 3(1) shall be calculated using half of the volumes specified in clauses 3(5)(

a) and (

c) and shall be submitted on or before May 31, 2000.

(2) Despite subsection 3(1), a registered buyer who acquired in the calendar year 1999, primary forest products within Nova Scotia from industrial landowners or private landowners in an amount less than a volume of 150 000 m 3 solid is not required to submit a plan in respect of the primary forest products acquired in that year.

(3) The volumes set out in subsection (2) shall be calculated in accordance with the volumes reported by the registered buyer in Form B, Parts II and III of the RSR Regulations, for the 1999 calendar year. Plan options 5( 1 ) The required value shall be met by either of the following options, or a combination of the following options: (

a) a silviculture program(

s) in accordance with

Section 6; or (

b) a financial contribution to the Fund in accordance with

Section 8.

(2) The registered buyer shall specify in the plan the amount of the required value to be met by each option set out in subsection (1). Proposed silviculture program 6( 1 ) Where a registered buyer selects the option of a silviculture program pursuant to

Section 5, the plan shall provide that the proposed silviculture program (

a) be administered by either of the following, or a combination of the following: (

i) the registered buyer, (ii) a registered bargaining agent under the Nova Scotia Primary Forest Products Marketing Act who has a collective agreement pertaining to silviculture programs and is administering the silviculture program on behalf of the registered buyer, (iii) a third party administering the silviculture program on behalf of the registered buyer; (

b) be based on the silviculture categories described and set out in

Schedule 1; 242

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c) have a total silviculture credit that is calculated using the list of silviculture credits established by the Minister for the calendar year in which the plan providing for the silviculture program is submitted; (

d) have a total silviculture credit that is greater than or equal to the required value; (

e) be carried out so that the silviculture completed adheres to the technical standards set out in

Schedule 1; (

f) be carried out so that no one site can be submitted for more than one silviculture category except as noted in

Schedule 1; and (

g) be comprised of silviculture undertaken subsequent to January 1, 1998.

(2) The Minister may adjust the value of individual silviculture credits on an annual basis and shall notify registered buyers of any adjustments on or before October 31 of the calendar year immediately previous to the submission of the plan for which the adjustment shall apply.

(3) The total silviculture credit shall be divided proportionally on the basis of the percentages of the required value as calculated in Form C,

Part II, which are comprised of the percentages of (

a) primary forest products acquired from private lands and industrial lands; and (

b) softwood and hardwood species acquired.

(4) A registered buyer shall complete the proposed silviculture program during the calendar year in which the plan providing for the silviculture program is approved.

(5) The Minister shall allow a credit equivalent to 10% of the amount of the required value to be met by the proposed silviculture program for the purpose of administering the silviculture program. Reporting for silviculture program 7( 1 ) Where the Minister has approved a plan for which the required value is to be met completely or in part by providing a silviculture program, the registered buyer shall submit a report specifying the silviculture completed in compliance with the approved plan on or before February 28 of the immediately following year.

(2) The report required pursuant to subsection (1) shall (

a) be in Form C,

Part V and VI; and 243

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b) be accompanied by accurate and complete information on the following for each site where silviculture has been completed in compliance with the requirements of the approved plan: (

i) the geographical coordinates circumscribing the aerial extent of each site where silviculture has been completed, (ii) the area in hectares, covered by the site where silviculture has been completed, (iii) the silviculture category and information as specified in

Schedule I that applies to the silviculture completed, (iv) the name of the landowner and Property Identification Number for the site where silviculture has been completed.

(3) The information required to be submitted pursuant to clause (2)(

b) shall be submitted in a form and format specified by the Minister.

(4) Despite the deadline required by subsection (1), a registered buyer who acquired in the previous calendar year greater than a volume of 100 000 m 3 solid from within Nova Scotia from industrial landowners or private landowners as reported in Form B,

Part II and III of the RSR Regulations shall submit Form C,

Part VI and the information set out in clause (2)(

b) respecting each quarter within 30 days of the end of that quarter. Financial contributions to Fund 8( 1 ) A registered buyer shall make all contributions required to be made to the Fund in accordance with subsection 5(2) no later than at the time of submission of the plan for which the contributions apply.

(2) A registered buyer may make a contribution to the Fund prior to the submission of the plan for which the contributions apply provided the registered buyer gives the Minister 30 days notice prior to the submission of the initial contribution.

(3) If a contribution made to the Fund by a registered buyer prior to the submission of the plan exceeds the contribution required to be made by the registered buyer in accordance with subsection 5(2), the Minister shall return any excess contribution to the registered buyer.

(4) If a contribution made to the Fund by a registered buyer prior to the submission of the plan is less than the contribution required to be made by the registered buyer in accordance with subsection 5(2), the registered buyer shall submit the contribution still owing no later than at the time of submission of the plan for which the contributions apply. 244

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(5) Where a registered buyer has failed to make all required contributions to the Fund by the time of submission of the plan, the registered buyer shall pay interest on the amount due and payable from time to time at the rate of interest published by the Bank of Canada as the Chartered Bank’s Administered Interest Rates-Prime Business Loan in effect in the first week of January for the year in which the interest is payable plus 3%, compounded monthly commencing February 28 of the year in which the plan was required to be submitted.

Monitoring 9( 1 ) Despite the approval of a plan, the Minister shall conduct a monitoring program to verify that silviculture completed and reported by the registered buyer in accordance with

Section 7, adheres to the technical standards set out in

Schedule 1.

(2) A registered buyer shall ensure that the silviculture completed and reported in accordance with

Section 7, continues to adhere to the technical standards set out in

Schedule 1 for 18 months following the submission of the report specified in

Section 7.

(3) Where as a result of the monitoring program it is determined that a site with respect to which a report has been submitted pursuant to

Section 7 has failed to adhere to the technical standards set out in

Schedule 1, the value of the silviculture credit for that site in effect for the year in which the report was submitted shall be deemed to be a deficiency applied to the most recent approved plan.

(4) Where the total silviculture credit for the silviculture completed in compliance with an approved plan is less than the total silviculture credit required for the silviculture program proposed in that plan, the difference in silviculture credit shall be deemed to be a deficiency applied to the most recent approved plan.

(5) The Minister shall give notice of a deficiency applied pursuant to subsection (3) or (4) by personal service on the registered buyer or by registered mail to the address of the registered buyer as noted on Form A of the RSR Regulations. Carry forward and deficiency provisions 10

(1) Where the total deficiency referred to in subsection 9(3) or (4) is valued at not more than 20% of the amount of the required value to be met by the proposed silviculture program, the registered buyer shall (

a) carry forward the deficiency to the next year; or 245

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b) pay into the Fund the value of the total deficiency, plus interest on the amount due and payable from time to time at the rate of interest published by the Bank of Canada as the Chartered Bank’s Administered Interest Rates-Prime Business Loan in effect in the first week of January of the year in which the interest is payable plus 3%, compounded monthly commencing January 1 of the year in which the report on silviculture completed was submitted.

(2) Where the total deficiency referred to in subsection 9(3) or (4) is valued at more than 20% of the amount of the required value to be met by the proposed silviculture program, the registered buyer shall (

a) apply that portion of the deficiency valued at 20% in accordance with subsection (1); and (

b) pay into the Fund that portion of the deficiency in excess of 20%, plus interest on the amount due and payable from time to time at the rate of interest published by the Bank of Canada as the Chartered Bank’s Administered Interest Rates-Prime Business Loan in effect in the first week of January of the year in which the interest is payable plus 3%, compounded monthly commencing January 1 of the year in which the report on silviculture completed was submitted.

(3) A registered buyer may carry forward a non-refundable credit for silviculture completed in excess of the silviculture program for an approved plan for a period not greater than 5 years.

(4) Carry forward credits and deficiencies shall be calculated and applied according to the proportion of the volume of primary forest products acquired and reported in Form B of the RSR Regulations for the year in which the plan is submitted for each of private landowners and industrial landowners categories. Approval of plan 11

(1) The Minister shall notify a registered buyer within 60 days of the submission of a plan as to whether the plan is approved.

(2) The Minister shall give notice pursuant to subsection (1) by personal service on the registered buyer or by registered mail to the address of the registered buyer as noted on Form A of the RSR Regulations.

(3) The Minister may request additional information from a registered buyer in support of a plan.

(4) A plan shall be approved by the Minister provided that the registered buyer has met the requirements of the regulations. Revocation of registration 12

(1) The Minister may revoke the registration of a registered buyer under the RSR Regulations, where the registered buyer 246

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Part II Regulations (

a) fails to submit a plan as required by these regulations; (

b) submits false information in a plan or report; (

c) acquires primary forest products without having an approved plan; (

d) fails to adhere to the technical standards set out in

Schedule 1; or (

e) fails to make required payments to the Fund.

(2) The Minister shall give notice of a revocation made pursuant to subsection (1) by personal service on the registered buyer or by registered mail to the address of the registered buyer as noted on Form A of the RSR Regulations. Offences 13 Every registered buyer who fails to submit a plan is guilty of an offence. 14 Every registered buyer who submits false information in a plan or report is guilty of an offence. 15 Every registered buyer who acquires primary forest products without having an approved plan is guilty of an offence.

Schedule 1 Technical Standards Forest Sustainability Regulations General Requirements for all Silviculture Categories No site where silviculture has been conducted can be submitted under more than one silviculture category in any given year, except for silviculture category 7 where a combination of (

a) and (

b) or (

b) and (

c) can be submitted for the same year. Only silviculture undertaken subsequent to January 1, 1998 is eligible. No site where silviculture has been conducted and the credit has been claimed can be reclaimed in the same silviculture category during the life of the forest stand on that same site, except for category 7(

a) and (

c) where minimum reclaim periods apply. For a silviculture program to be considered as a softwood or hardwood program, the following conditions apply: 1. all hardwood silviculture program sites must contain 75% or greater hardwood commercial species of trees on each site; 2. all percent combinations of commercial softwood and hardwood species of trees other than in (1) contained on each site shall be considered as softwood silviculture program sites; 3. hardwood silviculture programs shall be limited to Silviculture Categories 1, 5, 6, and 7; 4. all Silviculture Categories apply to the softwood silviculture program. 247

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Part II Regulations Silviculture Category Technical Standard for Completed Silviculture Minimum Maximum Limitations 1. Natural Regeneration Establishment • the site must contain at least 1500 commercial crop trees per hectare • the minimum acceptable stocking level of commercial crop trees on the site must be equivalent to 80% at 2.4 x 2.4 m spacing • the height of commercial crop trees must be 10 cm or greater • commercial crop tree species must be listed for each site 2.

Plantation Establishment • the site must contain at least 1500 living planted/natural softwood commercial crop trees per hectare • the minimum acceptable stocking level of commercial softwood crop trees on the site must be equivalent to 85% at 2.4 x 2.4 m spacing • the site must contain at least 1000 living planted trees per hectare to qualify under this category • the maximum acceptable stocking level of naturally regenerated commercial softwood crop trees on the site is equivalent to 50% at 2.4 x 2.4 m spacing • commercial softwood crop tree species must be listed for each site • a plantation establishment site may be submitted for a silviculture credit in the year in which it was planted • this category can only be claimed for softwood species 3.

Early Competition Control • the site must contain at least 1500 living planted/natural commercial softwood crop trees per hectare which are released on the site • the minimum acceptable stocking level of commercial crop trees on the site must be equivalent to 80% for natural stands and 85% for plantations, at 2.4 x 2.4 m spacing • plantation sites must contain a minimum of 1000 planted trees which are released on each site • commercial softwood crop tree species must be listed for each site • this category applies to both natural stands and plantations • evidence of manual or chemical treatment is required 4.

Density Control and Release in Plantations • the average height of softwood crop trees on the site must be at least 2 m • the number of commercial softwood crop trees on the site must be at least 1500 per hectare • the minimum acceptable stocking level for commercial softwood crop trees must be equivalent to 85% at 2.4 x 2.4 m spacing • the average height of trees on the site must not be greater than 6 m • the number of commercial softwood crop trees on the site must not be greater than 3500 per hectare • commercial softwood crop tree species must be listed for each site • this category can be claimed for a silviculture credit for softwood plantations only 248

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Part II Regulations Silviculture Category Technical Standard for Completed Silviculture Minimum Maximum Limitations 5.

Density Control and Release in Natural Stands Tree Height - Softwood: • the average height of crop trees on the site must be at least 2 m Tree Height - Hardwood: • the average height of crop trees on the site: 6 m Stand Density: • the number of commercial crop trees on the site must be at least 1500 per hectare Stocking: • The acceptable level of stocking of commercial crop trees on the site must be equivalent to 80% at 2.4 x 2.4 m spacing Tree Height - Softwood: • the average height of crop trees on the site must be no greater than 6 m Tree Height - Hardwood: • the average height of crop trees on the site must be no greater than 9 m Stand Density: • the number of commercial crop trees on the site must be less than 3500 per hectare • commercial crop tree species must be listed for each site • this category can be claimed for a silviculture credit for naturally established stands only, not previously claimed plantation sites 6.

Commercial Thinning • post treatment residual basal area must be no less than 20 m 2 per hectare • post treatment residual basal area must be no greater than 30 m 2 per hectare • commercial crop tree species must be listed for each site • the basal area of remaining commercial crop trees shall be comprised of not more than 50% of balsam fir, and not more than 25% of poplar and red maple combined 7. Forest Quality Improvement:

a) Crop tree release

a) Crop trees released • the number of commercial crop trees released must be at least 150 per hectare • the diameter breast height of released commercial crop trees must be at least 15 cm

a) Crop trees released • commercial crop tree species must be listed for each site • acceptable crop tree species include sugar maple, yellow birch, white ash, red oak, eastern white pine, red pine, white birch • crop tree crowns must be released on at least 3 sides • a silviculture credit cannot be claimed for the same site more than once in a 10 year period • released crop trees must be marked for identification on each site 249

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Part II Regulations Silviculture Category Technical Standard for Completed Silviculture Minimum Maximum Limitations

b) Crop trees pruning

c) Selection management in tolerant softwood, mixed wood or hardwood stands

b) Crop trees pruned • the number of commercial crop trees pruned must be at least 150 per hectare • the pruned height of a crop tree must be at least 5 m • the average height of commercial crop trees must be at least 8 m

c) Selection management in tolerant softwood, mixed wood or hardwood stands Post treatment basal area: • must be more than 15 m 2 per hectare for commercial crop trees on the site Number of height classes post treatment: • there must be 3 height classes or more on the site with a minimum of 3 m in average height between height classes except for regeneration classes where there must be a difference in average height of at least 2 m Stocking of crop trees: • the minimum acceptable stocking level for commercial crop trees is 80% at 2.4 x 2.4 m or equivalent spacing for each site Spacing of crop trees: • the minimum acceptable spacing for softwood species at a height of 2 m or greater is 1.8 m • the minimum acceptable spacing for hardwood species at a height of 5 m or greater is 1.8 m

c) Selection management in tolerant softwood, mixed wood or hardwood stands Post treatment basal area: • must be less than 26 m 2 per hectare for commercial crop trees on the site

b) Crop trees pruned • commercial crop tree species must be listed for each site • acceptable commercial crop tree species include sugar maple, yellow birch, white ash, red oak, eastern white pine, red pine, white birch

c) Selection management in tolerant softwood, mixed wood or hardwood stands • commercial crop tree species must be listed for each site • a silviculture credit cannot be claimed on the same site more than once in a 10 year period 250

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Part II Regulations Form C - Wood Acquisition Plan

Part I - Submission of Plan Year: Registered Buyer ID: Registered Buyer Name: Business Type: Wood Acquisition Plan Submission: (please mark which forms are included in this submission) G Form C,

Part II Calculation of Required Value G Form C,

Part III Selection of Options G Form C,

Part IV Silviculture Program Proposed G Form C,

Part V Silviculture Program Completed G Form C,

Part VI Detailed Silviculture Report Submission Form Sustainable Forestry Fund: (indicate payment(

s) submitted) G Payment to Sustainable Forestry Fund included in this submission G Interim payment(

s) have been made prior to submission Submission and approval of this wood acquisition paln constitutes an agreement between the registered buyer and the Minister. Signature of Registered Buyer Date Signature of Witness Date Signature of Minister or delegate Date Signature of Witness Date 251

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Part II Regulations 252

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Part II Regulations 253

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Part II Regulations Form C - Wood Acquisition Plan

Part IV - Silviculture Program Proposed Year: Registered Buyer ID: Registered Buyer PROPOSED SILVICULTURE PROGRAM:

Summary Area Hectares Silviculture Credit Percent of Total Softwood: Industrial Lands Private Lands Sub Total Hardwood: Industrial Lands Private Lands Sub Total Total Silviculture Credit Required PROPOSED SILVICULTURE PROGRAM: Details Industrial Lands Silviculture Category Area Hectares Credit/ha Silviculture Credit Percent of Total Softwood Sub Total Private Lands Silviculture Category Area Hectares Credit/ha Silviculture Credit Percent of Total Softwood Sub Total Industrial Lands Silviculture Category Area Hectares Credit/ha Silviculture Credit Percent of Total Hardwood Sub Total Private Lands Silviculture Category Area Hectares Credit/ha Silviculture Credit Percent of Total Softwood [Hardwood] Sub Total Total 254

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Part II Regulations Form C - Wood Acquisition Plan

Part V - Silviculture Program Completed Year: Registered Buyer ID: Registered Buyer SILVICULTURE PROGRAM COMPLETED:

Summary Area Hectares Silviculture Credit Percent of Total Softwood: Industrial Lands Private Lands Sub Total Hardwood: Industrial Lands Private Lands Sub Total Total Silviculture Credit Achieved SILVICULTURE PROGRAM COMPLETED: Details Industrial Lands Silviculture Category Area Hectares Credit/ha Silviculture Credit Percent of Total Softwood Sub Total Private Lands Silviculture Category Area Hectares Credit/ha Silviculture Credit Percent of Total Softwood Sub Total Industrial Lands Silviculture Category Area Hectares Credit/ha Silviculture Credit Percent of Total Hardwood Sub Total Private Lands Silviculture Category Area Hectares Credit/ha Silviculture Credit Percent of Total Softwood [Hardwood] Sub Total Total 255

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Part II Regulations 256

N.S. Reg. 58/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 58/2000 Made: April 5, 2000 Filed: April 5, 2000 Small Claims Court Procedure and Forms Regulations Order in Council 2000-169 made April 5, 2000 Amendment to regulations made by the Governor in Council pursuant to

Section 33 of the Small Claims Court Act The Governor in Council on the report and recommendation of the Minister of Justice dated April 3, 2000, and pursuant to

Section 33 of

Chapter 430 of the Revised Statutes of Nova Scotia, 1989, the Small Claims Court Act, is pleased to amend the regulations respecting Small Claims Court procedures and forms made by Order in Council 93-110 dated February 2, 1993, in the manner set out in

Schedule “A” attached to and forming part of the report and recommendation, effective on, from and after April 1, 2000.

Schedule “A” Amendments to the regulations respecting Small Claims Court procedures and forms made by the Governor in Council pursuant to

Section 33 of

Chapter 430 of the Revised Statutes of Nova Scotia, 1989, the Small Claims Court Act 1

Section 1 of the regulations respecting Small Claims Court procedures and forms made by the Governor in Council by Order in Council 93-110 dated February 2, 1993, is amended by striking out “claim” and substituting “Notice of Claim”. 2

Section 2 of the regulations is repealed and the following

Section substituted: 2 The fee for filing a Notice of Claim shall be (a) $75.00 where the claim is in an amount less than $5000.00; (b) $150.00 where the claim is in an amount not less than $5000.00 and not more than $10 000.00; or (c) $75.00 where the claim is for the recovery of personal property only. 3

Section 3 of the regulations is repealed and the following

Section substituted: 3( 1 ) The time for serving the Notice of Claim and a form for a Defence/Counterclaim on the defendant shall be within 10 days from the date on which the claim is filed or within any additional time the clerk or adjudicator may allow.

(2) The claimant shall serve 3 legible copies of the Notice of Claim and a form for a Defence/Counterclaim at the time of service. 257

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(3) Service of a Notice of Claim and a form for a Defence/Counterclaim shall be by personal service or such other manner of service as directed by the Court. 4 The regulations are further amended by renumbering

Section 4 as subsection 4(1) and adding the following subsection immediately after subsection 4(1):

(2) The fee for filing a Counterclaim shall be $50.00. 5 The regulations are further amended by renumbering

Section 5 as subsection 5(1) and adding the following subsection immediately after subsection (1):

(2) Service of a Defence or Counterclaim shall be by registered mail or such other manner of service as directed by the Court. 6 Subsection 9(2) of the regulations is amended by striking out “20 cents a mile” and substituting “$0.20 per kilometre”. 7 Subsection 10(1) of the regulations is amended by striking out “$50.00” and substituting “$75.00”. 8 The regulations are further amended by renumbering Sections 12 to 18 as Sections 15 to 21 respectively, and adding the following Sections immediately after

Section 11: 12 Service of a Notice of Adjudication by a court clerk pursuant to

Section 11 or any other document served by a court clerk shall be by registered mail or such other manner of service as directed by the Court. 13 The following fees apply in Small Claims Court (

a) f o r c o p i e s o f a n y d o c u m e n t , p e r p a g e .................$ 0.50 (

b) certifying any document on file not including copy charge (no charge for 1 certified copy requested at t i m e o f f i l i n g d o c u m e n t ).......................... $10.00 (

c) searching a file except bulk rate searches (free to p a r t i e s t o t h e a c t i o n o r t h e i r s o l i c i t o r s )................$5.00 (

d) searching a file where an agreement has been entered into with the Department of Justice for b u l k r a t e s e a r c h f e e s ..............................$ 0.50 14 An Application for Quick Judgment shall be in Form 6. 9 Clause 15(1)(

e) of the regulations is amended by striking out “Regulation” and substituting “Section”. 258

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Part II Regulations 10

Section 17 of the regulations is repealed and the following

Section substituted: 17 An order made by an adjudicator shall be in Form 7(a), (

b) or (c). 11

Section 18 of the regulations is repealed and the following

Section substituted: 18

(1) The fee payable to the sheriff for an Execution Order shall be $75.00, including kilometrage, together with any commission or hourly fee for selling or appraising inventory or goods as set out in

Schedule “B” of the regulations respecting fees and allowances made under the Costs and Fees Act.

(2) The fee payable to the sheriff for a Recovery Order shall be the fee as set out in

Schedule “B” of the regulations respecting fees and allowances made under the Costs and Fees Act, but shall not in any case exceed $150.00. 12

Section 19 of the regulations is repealed and the following

Section substituted: 19 An Execution Order shall be in Form 11. 13

Section 20 of the regulations is repealed and the following

Section substituted: 20 A Recovery Order shall be in Form 12. 14 The regulations are further amended by renumbering

Section 21 as

Section 23 and by adding the following Sections immediately after

Section 20: 21 A Certificate of Judgment shall be in Form 8. 22

(1) A Notice of Appeal shall be in Form 9.

(2) An appeal shall be commenced by the appellant (

a) filing 2 copies of the Notice of Appeal with the prothonotary; and (

b) serving 1 copy of the Notice of Appeal on the respondent not later than 30 days after the adjudicator’s order or determination is filed.

(3) Service of the Notice of Appeal on the respondent shall be by personal service or registered mail.

(4) The appellant shall file proof of service of the Notice of Appeal on the respondent with the prothonotary not later than 7 days after the last day for service of the Notice of Appeal. 259

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(5) Proof of service may consist of a letter certifying the fact of service and the mode of service, and where service is by registered mail, the appellant shall file the Canada Post registration receipt with the prothonotary.

(6) Where a Notice of Appeal is filed, the prothonotary shall send 1 copy to the adjudicator who shall within 30 days complete a

Summary Report in Form 10 and send 4 copies to the prothonotary.

(7) Where the prothonotary has received 4 copies of a

Summary Report from the adjudicator, the prothonotary shall immediately (

a) send 1 copy to the appellant; (

b) send 1 copy to the respondent by Canada Post Corporation Priority Courier; (

c) advise the Supreme Court that the appeal is ready for hearing; and (

d) set a date for the appeal to be heard and advise the parties of that date by Canada Post Corporation Priority Courier.

(8) A judge may direct what additional material may be filed and may request a restatement of the case from an adjudicator.

(9) When both parties to an appeal submit briefs, the Court may dispense with oral argument.

(10) An appellant’s brief shall be submitted at least 4 clear days prior to the date set for the appeal to be heard

(11) A respondent’s brief shall be submitted at least 2 clear days prior to the date set for the appeal to be heard.

(12) Noncompliance with this

Section shall not render any proceeding void, but the proceeding may be amended, set aside as irregular or otherwise dealt with as the Court may direct. 15 Clause 23(

a) of the regulations is amended by striking out “Regulation 12” and substituting “Section 14”. 16 The regulations are further amended by adding the following

Section immediately after

Section 23: 24 A Certificate of Satisfaction shall be in Form 13. 17 The regulations are further amended by repealing Forms 1 through 9 and substituting the attached Forms 1 through 13. 260

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Part II Regulations Form 1 NOTICE OF CLAIM IN THE SMALL CLAIMS COURT OF NOV A SCOTIA For Court Use Only Claim No.________ CLAIMANT(S): Name This matter will take Address longer than 2 hours Postal code Phone G Yes G No DEFENDANTS(S): Name Address Postal code Phone I claim from the Defendant(

s) dollars ($ ) or the delivery to me of . The reason for this claim is: (If you need more space, attach another sheet of paper) Date Claimant(

s) To be filled in by the clerk of the Small Claims Court: This claim must be served on the Defendant(

s) within ___days of ________, 20___ The hearing of this claim is set for __________________, 20 ___ at ______p.m. at ___________________________ ____________________________ place of hearing Clerk of the Small Claims Court TO THE DEFENDANT(S): This claim has been filed against you in Small Claims Court. 1. If you do not agree with this claim you must file a defence/counterclaim by filling in the lower half of this form (Form 2) and returning it to the court. You are also required to serve the defence/counterclaim upon the claimant. 2. You may contact the claimant(

s) and try to settle the matter. If you settle, the claimant(

s) should tell the Small Claims Court clerk in writing. IF YOU DO NOT FILE YOUR DEFENCE/COUNTERCLAIM BY RETURNING THIS FORM TO COURT WITHIN 10 DAYS AFTER YOU RECEIVE THE CLAIM, THE COURT MAY MAKE AN ORDER AGAINST YOU WITHOUT HEARING FROM YOU. 261

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Part II Regulations Form 2 DEFENCE/COUNTERCLAIM IN THE SMALL CLAIMS COURT OF NOV A SCOTIA TO Claimant(

s) My reason for disputing the claim is (if you need more space, attach another sheet of paper): I counterclaim for Date Defendant(

s) Address To be filled in by the Clerk of the Small Claims Court: This defence/counterclaim must be served on the Claimant(

s) within _____ days of____________________, 20___. Clerk of the Small Claims Court 262

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Part II Regulations Form 3 CLAIM NO._______ SUBPOENA TO WITNESS IN THE SMALL CLAIMS COURT OF NOV A SCOTIA BETWEEN: Name Claimant - and - Name Defendant TO: You are required to attend the hearing of this proceeding in the Small Claims Court, to be held at ____________________ in __________________, Nova Scotia on _