Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 41, No. 10 May 12, 2017 Contents Act Reg. No.

Page Builders’ Lien Act Proclamation of amendments to Act, S. 4, S.N.S. 2013, c. 14 and S. 4, S.N.S. 2014, c. 42.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71/2017 337 Builders’ Lien Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72/2017 338 Costs and Fees Act Regulations under the Costs and Fees Act–amendment.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 86/2017 439 Elections Act Proclamation, dissolution of General Assembly and fixing dates for Writs of Election and ordinary polling day.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90/2017 445 Electricity Act Renewable Electricity Regulations–amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73/2017 340 Environment Act Davidson Lake Watershed Protected Water Area Designation. . . . . . . . . . . . . . . . . . . . . . . 74/2017 351 Davidson Lake Watershed Protected Water Area Regulations. . . . . . . . . . . . . . . . . . . . . . . 74A/2017 353 Mill Lakes Watershed Protected Water Area Designation. . . . . . . . . . . . . . . . . . . . . . . . . . 75/2017 360 Mill Lakes Watershed Protected Water Area Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . 75A/2017 362 Water and Wastewater Facilities and Public Drinking Water Supplies Regulations–amendment.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89/2017 444 Family Court Act Family Court Rules–amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80/2017 372 Family Orders Information Release Act Family Orders Information Release Regulations–amendment. . . . . . . . . . . . . . . . . . . . . . . 85/2017 438 Housing Act Down Payment Assistance Program Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88/2017 440 © NS Office of the Registrar of Regulations.

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Table of Contents (cont.) Royal Gazette

Part II - Regulations Vol. 41, No. 10 Interjurisdictional Support Orders Act Interjurisdictional Support Orders Regulations–amendment. . . . . . . . . . . . . . . . . . . . . . . . 87/2017 439 Maintenance and Custody Act Proclamation of amendments to Act, S. 59, S.N.S. 2015, c. 44.. . . . . . . . . . . . . . . . . . . . . . 79/2017 371 Occupational Health and Safety Act Proclamation of amendments to Act, S. 7, S.N.S. 2016, c. 14.. . . . . . . . . . . . . . . . . . . . . . . 78/2017 370 Parenting and Support Act Administrative Recalculation of Child Maintenance Regulations–amendment. . . . . . . . . . 82/2017 Child Maintenance Guidelines–amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83/2017 Family Maintenance Regulations–amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84/2017 435 436 437 Petroleum Products Pricing Act Prescribed Petroleum Products Prices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70/2017 Prescribed Petroleum Products Prices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77/2017 335 368

Summary Proceedings Act

Summary Offence Tickets Regulations–amendment.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76/2017 366 [Please note: N.S. Reg. 81/2017, amending the Family Court Rules , will be published in a special issue of Volume 41 of the Royal Gazette

Part II .] In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act. The date a regulation is made, the date a regulation is approved, the date a regulation is filed and any date specified in a regulation are important to determine when the regulation is in force. *Date that subsections 3(6) and (7) and Sections 11 and 13 of the Regulations Act and amendments to the Regulations Act made by

Chapter 46 of the Acts of 2004 were proclaimed in force. © NS Office of the Registrar of Regulations. Web version. 334

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Part II - Regulations Vol. 41, No. 10 N.S. Reg. 70/2017 Made: April 20, 2017 Filed: April 21, 2017 Prescribed Petroleum Products Prices Order dated April 20, 2017 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Order In the matter of the Petroleum Products Pricing Act M08012 - and ­ In the matter of prescribing prices for petroleum products pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Murray E. Doehler, CPA, CA, P.Eng., Member

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

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

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

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

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended April 19, 2017, are: Grade 1 Regular gasoline 59.1¢ per litre Ultra-low-sulfur diesel oil 56.8¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 59.1¢ per litre Grade 2 62.1¢ per litre Grade 3 65.1¢ per litre Ultra-low-sulfur diesel oil 56.8¢ per litre And

now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: plus 0.9¢ per litre Ultra-low-sulfur diesel oil: plus 0.4¢ per litre And

whereas a winter blending adjustment of plus 1.0¢ per litre is required for ultra-low-sulfur diesel oil; And

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

Schedule “A” effective on and after 12:01 a.m., April 21, 2017. © NS Office of the Registrar of Regulations. Web version. 335

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Part II - Regulations Vol. 41, No. 10 Dated at Halifax, Nova Scotia, this 20th day of April, 2017. sgd: Elaine Wagner Clerk of the Board

Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on April 21, 2017 Nova Scotia Petroleum Price

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

Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded 67.3 10.0 15.5 92.8 112.6 114.8 112.6 999.9 Mid-Grade Unleaded 70.3 10.0 15.5 95.8 116.0 118.2 116.0 999.9 Premium Unleaded 73.3 10.0 15.5 98.8 119.5 121.7 119.5 999.9 Ultra-Low-Sulfur Diesel 65.4 4.0 15.4 84.8 103.4 105.6 103.4 999.9 Zone 2 Regular Unleaded 67.8 10.0 15.5 93.3 113.2 115.3 113.2 999.9 Mid-Grade Unleaded 70.8 10.0 15.5 96.3 116.6 118.8 116.6 999.9 Premium Unleaded 73.8 10.0 15.5 99.3 120.1 122.2 120.1 999.9 Ultra-Low-Sulfur Diesel 65.9 4.0 15.4 85.3 104.0 106.1 104.0 999.9 Zone 3 Regular Unleaded 68.2 10.0 15.5 93.7 113.6 115.8 113.6 999.9 Mid-Grade Unleaded 71.2 10.0 15.5 96.7 117.1 119.3 117.1 999.9 Premium Unleaded 74.2 10.0 15.5 99.7 120.5 122.7 120.5 999.9 Ultra-Low-Sulfur Diesel 66.3 4.0 15.4 85.7 104.4 106.6 104.4 999.9 Zone 4 Regular Unleaded 68.3 10.0 15.5 93.8 113.7 115.9 113.7 999.9 Mid-Grade Unleaded 71.3 10.0 15.5 96.8 117.2 119.4 117.2 999.9 Premium Unleaded 74.3 10.0 15.5 99.8 120.6 122.8 120.6 999.9 Ultra-Low-Sulfur Diesel 66.4 4.0 15.4 85.8 104.5 106.7 104.5 999.9 Zone 5 Regular Unleaded 68.3 10.0 15.5 93.8 113.7 115.9 113.7 999.9 Mid-Grade Unleaded 71.3 10.0 15.5 96.8 117.2 119.4 117.2 999.9 Premium Unleaded 74.3 10.0 15.5 99.8 120.6 122.8 120.6 999.9 Ultra-Low-Sulfur Diesel 66.4 4.0 15.4 85.8 104.5 106.7 104.5 999.9 Zone 6 Regular Unleaded 69.0 10.0 15.5 94.5 114.5 116.7 114.5 999.9 Mid-Grade Unleaded 72.0 10.0 15.5 97.5 118.0 120.2 118.0 999.9 Premium Unleaded 75.0 10.0 15.5 100.5 121.4 123.6 121.4 999.9 Ultra-Low-Sulfur Diesel 67.1 4.0 15.4 86.5 105.3 107.5 105.3 999.9 © NS Office of the Registrar of Regulations.

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N.S. Reg. 71/2017 Royal Gazette

Part II - Regulations Vol. 41, No. 10 N.S. Reg. 71/2017 Made: April 24, 2017 Filed: April 25, 2017 Proclamation, S. 4, S.N.S. 2013, c. 14 and S. 4, S.N.S. 2014, c. 42 Order in Council 2017-122 dated April 24, 2017 Proclamation made by the Governor in Council pursuant to S. 4 of

An Act to Amend

Chapter 277 of the Revised Statutes, 1989, the Builders’ Lien Act (S.N.S. 2013, c. 14) and S. 4 of

An Act to Amend

Chapter 277 of the Revised Statutes, 1989, the Builders’ Lien Act (S.N.S. 2014, c. 42) The Governor in Council on the report and recommendation of the Attorney General and Minister of Justice dated September 1, 2016, and pursuant to

Section 4 of

Chapter 14 of the Acts of 2013,

An Act to Amend

Chapter 277 of the Revised Statutes, 1989, the Builders’ Lien Act, and

Section 4 of

Chapter 42 of the Acts of 2014,

An Act to Amend

Chapter 277 of the Revised Statutes, 1989, the Builders’ Lien Act, is pleased to order and declare by proclamation that

Chapter 14 of the Acts of 2013,

An Act to Amend

Chapter 277 of the Revised Statutes, 1989, the Builders’ Lien Act, and

Chapter 42 of the Acts of 2014,

An Act to Amend

Chapter 277 of the Revised Statutes, 1989, the Builders’ Lien Act, do come into force on and not before June 30, 2017. PROVINCE OF NOVA SCOTIA sgd: J. J. Grant G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 4 of

Chapter 14 of the Acts of 2013,

An Act to Amend

Chapter 277 of the Revised Statutes, 1989, the Builders’ Lien Act, it is enacted as follows: 4 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS in and by

Section 4 of

Chapter 42 of the Acts of 2014,

An Act to Amend

Chapter 277 of the Revised Statutes, 1989, the Builders’ Lien Act, it is enacted as follows: 4 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 14 of the Acts of 2013,

An Act to Amend

Chapter 277 of the Revised Statutes, 1989, the Builders’ Lien Act and

Chapter 42 of the Acts of 2014,

An Act to Amend

Chapter 277 of the Revised Statutes, 1989, the Builders’ Lien Act, do come into force on and not before June 30, 2017; 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 14 of the Acts of 2013,

An Act to Amend

Chapter 277 of the Revised Statutes, 1989, the Builders’ Lien Act and

Chapter 42 of the Acts of 2014,

An Act to Amend

Chapter © NS Office of the Registrar of Regulations. Web version. 337

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Part II - Regulations Vol. 41, No. 10 277 of the Revised Statutes, 1989, the Builders’ Lien Act, do come into force on and not before June 30, 2017, 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 Brigadier-General, the Honourable J. J. Grant (Retired), Lieutenant Governor of the Province of Nova Scotia.

AT Our Government House in the Halifax Regional Municipality, this 24th day of April in the year of Our Lord two thousand and seventeen and in the sixty- sixth year of Our Reign. BY COMMAND: sgd: Diana C. Whalen Provincial Secretary Attorney General and Minister of Justice N.S. Reg. 72/2017 Made: April 24, 2017 Filed: April 25, 2017 Builders’ Lien Regulations Order in Council 2017-123 dated April 24, 2017 Regulations made by the Governor in Council pursuant to

Section 48 of the Builders’ Lien Act The Governor in Council on the report and recommendation of the Attorney General and Minister of Justice dated March 28, 2017, and pursuant to

Section 48 of

Chapter 277 of the Revised Statutes of Nova Scotia, 1989, the Builders’ Lien Act, is pleased to make regulations respecting notice that a contract is substantially performed and respecting notice that a subcontract is certified complete in the form set out in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after June 30, 2017.

Schedule “A” Regulations Respecting Builders’ Liens made by the Governor in Council under

Section 48 of

Chapter 277 of the Revised Statutes of Nova Scotia, 1989, the Builders’ Lien Act Citation 1 These regulations may be cited as the Builders’ Lien Regulations.

Definitions 2 In these regulations, © NS Office of the Registrar of Regulations. Web version. 338

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Part II - Regulations Vol. 41, No. 10 “Act” means the Builders’ Lien Act; “certified complete” means certified complete under

Section 13A of the Act. Application of these regulations 3

(1) These regulations do not apply to an owner who requests work, services or materials for any of the following that are owned and occupied by the owner or their spouse or common-law partner for single-family residential purposes, up to the monetary limit set out in subsection (2): (

a) constructing a structure; (

b) improving a building or land.

(2) The monetary limit for the purposes of subsection (1) is $75 000 or less for (

a) the contract price for the work, services and materials; or (

b) if there is no specific contract price, the value of the work, services and materials. Notice of substantial performance 4

(1) No later than 10 days after the date on which a contract between a contractor and an owner is substantially performed, the owner must post a notice of substantial performance in all of the following places: (

a) on the publicly available portion of the website of the Construction Association of Nova Scotia; (

b) if there is a job site office at the job site, in a prominent location in the job site office.

(2) A notice of substantial performance must include all of the following information: (

a) the name and address of the owner; (

b) the name and address of the contractor; (

c) a description of the work or improvement to which the contract relates; (

d) a description of the land on which the contract was performed; (

e) the date on which the contract was substantially performed. Notice of subcontract completion 5

(1) No later than 10 days after the date on which a subcontract is certified complete, the owner must post a notice of subcontract completion in all of the following places: (

a) on the publicly available portion of the website of the Construction Association of Nova Scotia; (

b) if there is a job site office at the job site, in a prominent location in the job site office.

(2) A notice of subcontract completion must include all of the following information: (

a) the name and address of the owner; © NS Office of the Registrar of Regulations. Web version. 339

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Part II - Regulations Vol. 41, No. 10 (

b) the name and address of the contractor; (

c) the name and address of the subcontractor; (

d) if the subcontract is certified complete under subsection 13A(1) of the Act, the name and address of the architect, engineer or other person upon whose certificate payments are to be made; (

e) a description of the work or services performed under the subcontract or the materials placed or furnished under the subcontract; (

f) a description of the land on which the work or services were performed under the subcontract or on which the materials were placed or furnished under the subcontract; (

g) the date on which the subcontract was certified complete. No fee for publishing, searching or viewing notice 6 The Construction Association of Nova Scotia must not, directly or indirectly, charge a fee for any of the following: (

a) posting a notice on its website under these regulations; (

b) searching for or viewing a notice posted on its website under these regulations. N.S. Reg. 73/2017 Made: April 24, 2017 Filed: April 25, 2017 Renewable Electricity Regulations–amendment Order in Council 2017-127 dated April 24, 2017 Amendment to regulations made by the Governor in Council pursuant to subsections 4B(7A), (7B), (10A) and (12A) and Sections 4C and 5 of the Electricity Act The Governor in Council on the report and recommendation of the Minister of Energy dated March 22, 2017, and pursuant to subsections 4B(7A), (7B), (10A) and (12A) and Sections 4C and 5 of

Chapter 25 of the Acts of 2004, the Electricity Act, is pleased to amend the Renewable Electricity Regulations, N.S. Reg. 155/2010, made by the Governor in Council by Order in Council 2010-381 dated October 12, 2010, to establish the Solar Electricity for Community Buildings Program as a program for the interconnection of a prescribed renewable low-impact electricity-generation facility to the electrical grid of a public utility and to provide for matters relating to the procurement of electricity under the program, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after April 24, 2017. © NS Office of the Registrar of Regulations. Web version. 340

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Schedule “A” Amendment to the Renewable Electricity Regulations made by the Governor in Council under subsections 4B(7A), (7B), (10A) and (12A) and Sections 4C and 5 of

Chapter 25 of the Acts of 2004, the Electricity Act 1 Subsection 2(1) of the Renewable Electricity Regulations, N.S. Reg. 155/2010, made by the Governor in Council by Order in Council 2010-381 dated October 12, 2010, is amended by (

a) adding “former” immediately before “Town of Canso” in paragraph (i)(

C) of the definition of “municipal electric utility”; (

b) repealing the definition of “renewable electricity administrator”; and (

c) adding the following

definitions where they belong in alphabetical order: “expected amounts to be paid”, in relation to a procurement, means the amounts that a public utility would be required to pay to the owner of the generation facility to purchase the procured electricity, net of the following: (

i) any savings relating to costs that would have been incurred by the public utility to produce, transmit, deliver or furnish any electricity that would be displaced by the procured electricity, and (ii) the value of any benefits or credits relating to the reduction of greenhouse gases or air emissions or to the generation of electricity from renewable resources; “net-metering arrangement” means any agreement between a public utility and a customer of that utility that permits the customer to generate electricity and deliver it to the public utility’s electrical grid to offset electricity drawn from the grid by the customer; “procurement administrator” means a person appointed under subsection 4B(1) of the Act to conduct a procurement of renewable low-impact electricity; “solar program” means the Solar Electricity for Community Buildings Program established under

Section 37A; 2 Subsection 3(1) of the regulations is amended by striking out “149(1)(1)” in subclause (

i) of the definition of “not-for-profit body corporate” and substituting “149(1)(l)”. 3 Clause 6(6)(

b) of the regulations is amended by adding “is” immediately after “the supply”. 4 Clause 13(1)(

c) of the regulations is amended by striking out “it” immediately before “has increased”. 5 (1) Subsection 20(1) of the regulations is amended by (

a) striking out “Stocks” and substituting “Stock Companies” in clause (d); and (

b) striking out “Stocks” and substituting “Stock Companies” in clause (e). (2) Clause 20(3)(

f) of the regulations is amended by striking out “a NS” wherever it appears and substituting “an NS”. © NS Office of the Registrar of Regulations. Web version. 341

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Section 23 of the regulations is amended by striking out “for a” immediately before “feed-in”. 7 (1) Subsection 35(1) of the regulations is amended by adding “or agencies” immediately after “departments”. (2) Subsection 35(1) of the regulations is further amended by striking out “Service Nova Scotia and Municipal Relations” in clause (

f) and substituting “Office of Service Nova Scotia”. 8

(1) Subsection 35B(1) of the regulations is amended by striking out “The primary basis” and substituting “Except as provided in subsection (4), the primary basis”.

(2) Subsection 35B(2) of the regulations is amended by adding “, other than a bidder under the solar program,” immediately after “A bidder”.

(3) Section 35B is further amended by adding the following subsection immediately after subsection (2): (2A) A bidder under the solar program must include all of the following in their proposal: (

a) independently reviewed or audited year-end financial statements for the bidder’s most recent fiscal year; (

b) the proposed nameplate capacity of the generation facility; (

c) the amount of electricity proposed to be delivered; (

d) the proposed location and orientation of solar panels; (

e) a solar site assessment; (

f) an estimate of the total cost to develop the generation facility that separately identifies the costs for significant components of the development, including costs for solar panels, inverters, the balance of system hardware, labour and permitting; (

g) an estimate of the annual operating and maintenance costs for the generation facility; (

h) an estimate of the total amount of indebtedness expected to be incurred to develop the generation facility, the average length of the term for repaying the indebtedness and the average interest rate; (

i) an estimate of the amount of any incentives or grants that the bidder expects to receive to develop the generation facility; (

j) any information the procurement administrator requires to assess whether the proposal meets the requirements of the Act and these regulations.

(4) Subsection 35B(3) [of the regulations] is amended by striking out “subsection (2)” and substituting “subsections (2) and (2A)”.

(5) Section 35B of the regulations is further amended by adding the following subsections immediately after subsection (3): © NS Office of the Registrar of Regulations. Web version. 342

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(4) The primary basis for evaluating bids under a request for proposals for the solar program is the price for the proposed electricity, and this requirement must be clearly indicated in any request for proposals.

(5) A procurement administrator must not award a contract to a bidder under a request for proposals for the solar program if the bid price is too high, taking into account the relative amounts of the bid prices received from all other bidders who responded to the request for proposals and any other factor the procurement administrator considers appropriate.

(6) Responses to a request for proposals for the solar program must be submitted to the Minister electronically through the Internet through an online application form established for the program. 9 The regulations are further amended by repealing

Section 35C and substituting the following Section: 35C

(1) In evaluating proposals submitted under a request for proposals under

Section 4B of the Act, the procurement administrator must (

a) respond to any concerns or questions from bidders in a timely manner; (

b) undertake the evaluation required by subsection 4B(10) of the Act in a timely fashion; and (

c) provide the written decision required by subsection 4B(10) of the Act no later than 7 days after making the decision.

(2) The procurement administrator must exclude any proposal from further evaluation if the administrator is not satisfied of any of the following: (

a) that the proposal is technically feasible; (

b) that the bidder has the financial capacity or support to construct and operate the proposed generation facility. 10

(1) Section 35D of the regulations is amended by (

a) striking out “the renewable electricity administer” and substituting “a procurement administrator”; (

b) striking out “include” and substituting “includes”.

(2) Section 35D of the regulations is further amended by (

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

d) and substituting a semicolon; and (

b) adding the following clauses immediately after clause (d): (

e) for any contract awarded to a bidder, (

i) the price for electricity under the contract, (ii) the nameplate capacity of the generation facility under the contract, and © NS Office of the Registrar of Regulations. Web version. 343

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Part II - Regulations Vol. 41, No. 10 (iii) the annual amount of electricity expected to be generated by the generation facility under the contract; (

f) if more than 1 contract is awarded in the procurement, (

i) the total, mean and median prices for electricity under all contracts, (ii) the total, mean and median nameplate capacity of generating facilities under all contracts awarded, and (iii) the total, mean and median amounts of electricity expected to be generated by the generation facilities under all contracts awarded; (

g) for a procurement under the solar program, (

i) the expected amounts to be paid by a public utility using the assumptions set out in subsection 37E(7), and (ii) an assessment of any impacts on the expected amounts to be paid by NSPI because of the limits in subsection 37E(4); (

h) any issues or trends relating to the procurement process that the procurement administrator considers relevant. 11 (1) Subsection 37(1) of the regulations is amended by striking out “The renewable electricity administrator” and substituting “Except as provided in subsection (1A), a procurement administrator”.

(2) Section 37 of the regulations is further amended by adding the following subsections immediately after subsection (1): (1A) The Minister must, in consultation with NSPI, prepare a standard form power purchase agreement to be used for procuring renewable low-impact electricity from a generation facility connected to the electrical grid of a public utility under a program established under

Section 4C of the Act and must have the form of power purchase agreement approved by the Board before any procurement. (1B) For a procurement under the solar program, the standard form power purchase agreement must incorporate all of the following terms: (

a) the owner of the generation facility must be permitted to designate a commercial operation date for the generation facility that is no later than 24 months after the date the agreement was awarded by the procurement administrator; (

b) the term of the agreement must end 20 years after the commercial operation date, except that the agreement may give a party to it the right to terminate earlier if there is a default by the other party; (

c) before the commercial operation date, the owner must be permitted to change the design of the generation facility from the design proposed in its response to the request for proposals for the solar program, unless the change would © NS Office of the Registrar of Regulations. Web version. 344

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i) result in the generation facility not meeting the requirements in

Section 37C for a procurement administrator to award a contract under the solar program, (ii) move the generation facility from the location identified by the owner in its response to the request for proposals, (iii) increase the price bid identified by the owner in its response to the request for proposals, or (iv) increase the amount of electricity proposed to be delivered by the owner in its response to the request for proposals; (

d) except as provided in clause (e), the price for electricity output from the generation facility at the delivery point must be as follows: (

i) for net output from the generation facility before the commercial operation date, no payment may be made, (ii) for net output from the generation facility that is 110% or less of the annual amount of electricity proposed to be delivered in the response to the request for proposals, the price bid in the response, (iii) for net output from the generating facility that is greater than 110% of the annual amount of electricity proposed to be delivered, an amount in $/MWh that is equal to the public utility’s cost of generating or purchasing 1 more MWh of electrical energy from sources other than the generation facility as calculated by the public utility averaged over the 12-month period immediately preceding the relevant time; (

e) for a generation facility that is conveyed to an entity that is not eligible to participate in a request for proposals under

Section 37B or for a generation facility whose owner ceases to be an entity that is eligible to participate in a request for proposals, the price for electricity output from the generation facility at the delivery point must be as follows: (

i) for net output from the generation facility before the commercial operation date, no payment may be made, (ii) for net output from the generation facility that is 110% or less of the annual amount of electricity proposed to be delivered in the response to the request for proposals, 70% of the price bid in the response, (iii) for net output from the generating facility that is greater than 110% of the annual amount of electricity proposed to be delivered, an amount in $/MWh that is equal to the public utility’s cost of generating or purchasing 1 more MWh of electrical energy from sources other than the generation facility as calculated by the public utility averaged over the 12-month period immediately preceding the relevant time; (

f) any benefits or credits relating to the reduction of greenhouse gases or air emissions or to the generation of electricity from renewable resources must accrue to the public utility; 345

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g) the owner of the generation facility must not be required to provide the public utility with any form of financial security for the performance of its obligations under the power purchase agreement; (

h) the requirements for generation facilities in subsection 37C(2). (1C) When a contract is awarded by the procurement administrator to a bidder under a request for proposals for the solar program, the bidder and the public utility are deemed to have entered into a power purchase agreement in the form provided for in subsection (1A) effective from the date of the award. (3) Subsection 37(2) of the regulations is amended by (

a) striking out “intended”; and (

b) striking out “subsection (1)” and substituting “this Section”. 12 The regulations are amended by adding the following centred heading and Sections immediately after

Section 37: Solar Electricity for Community Buildings Program Solar Electricity for Community Buildings Program 37A The Solar Electricity for Community Buildings Program is established, for the years 2017, 2018 and 2019, as a program under subsection 4C(1) of the Act to connect a renewable low-impact electricity generation facility to a public utility’s electrical grid. Eligible respondents to requests for proposals under solar program 37B

(1) Any or all of the following categories of participants, as determined by the procurement administrator, may participate in a request for proposals undertaken by a procurement administrator for the procurement of renewable low-impact electricity under the solar program: (

a) an NS Mi’kmaw band as defined in the Indian Act (Canada), or a body corporate, partnership or other business association that is wholly owned by 1 or more bands; (

b) a municipality, or a body corporate, partnership or other business association that is wholly owned by 1 or more municipalities; (

c) a university, or a body corporate, partnership or other business association that is wholly owned by a single university; (

d) a not-for profit body corporate, or a body corporate, partnership or other business association that is wholly owned by a single not-for profit body corporate.

(2) In clause (1)(c), “university” includes the Nova Scotia Community College. Requirements for generation facilities 37C

(1) A procurement administrator may not award a contract under the solar program if the electricity proposed to be produced from the generation facility was subject to a power purchase agreement or net-metering arrangement on the date the response to the request for proposals was submitted by the respondent. © NS Office of the Registrar of Regulations. Web version. 346

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(2) A procurement administrator may not award a contract under the solar program unless the proposed generation facility meets all of the following requirements: (

a) it will be wholly owned by an entity that is eligible to participate in a request for proposals under

Section 37B on the date that it reaches commercial operation; (

b) it will not exceed a total nameplate capacity of 50 kW; (

c) it is expected to produce at least 51% of its average annual renewable low-impact electricity from solar energy; (

d) it will be connected to the electrical grid of a public utility though 1 electric meter that records electricity sales and peak power at least 4 times per hour; (

e) it will be located on or wholly within 100 m of a building that satisfies all of the following conditions: (

i) it will be owned or leased, in whole or in part, by the owner of the generation facility on the date that the generation facility reaches commercial operation; (ii) it is not associated with another generation facility procured under the solar program unless the contract for the development of the other generation facility has been terminated; (iii) it will be provided with electricity from a public utility through an electric meter on the date the generation facility reaches commercial operation; (iv) it will not be constructed or provided with electricity solely to qualify for the solar program; (

v) it will be located on the same property as the generation facility, or on an adjoining property that is owned by the owner of the generation facility, on the date that the generation facility reaches commercial operation until the end of the contract.

Condition regarding use of information 37D The owner of a generation facility that provides renewable low-impact electricity under the solar program must agree in writing that the Minister may use the information described in and as permitted under subsection 37F(5) for any purpose, including the publication or other public release of the information, regardless of any proprietary interest or claim to confidentiality that the owner may have and without any compensation being paid to the owner for the use of the information. Program limits on expected amounts to be paid by public utility 37E

(1) In this Section, “program year” means (i) 2017, for contracts awarded by the procurement administrator under the solar program before August 1, 2017, (ii) 2018, for contracts awarded by the procurement administrator under the solar program after July 31, 2017, and before August 1, 2018, © NS Office of the Registrar of Regulations. Web version. 347

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Part II - Regulations Vol. 41, No. 10 (iii) 2019, for contracts awarded by the procurement administrator under the solar program after July 31, 2018, and before August 1, 2019.

(2) For contracts awarded under the solar program, the expected amounts to be paid by a public utility in 2019 must not exceed the amounts set out in the following table for the electrical utility: Municipal Electric Utility Amount Electrical utility for the Town of Antigonish $12 000 Electrical utility for the Town of Berwick $4500 Electrical utility for the former Town of Canso $1000 Electrical utility for the Town of Lunenburg $5500 Electrical utility for the Town of Mahone Bay $2000 Electric Light Commissioners for Riverport, in the County of Lunenburg $1200

(3) The total expected amounts to be paid by NSPI for all contracts awarded under the solar program for a program year must not exceed the amounts set out in the following table for that program year: Program Year Amount 2017 $250 000 2018 $350 000 plus any increases made under subsection (5) for the program year 2019 $400 000 plus any increases made under subsection (5) for the program year

(4) The total expected amounts to be paid by NSPI for each program year under subsection (3) are subject to the following additional limits: (

a) no more than 30% of an amount set out in subsection (3) may be paid to 1 or more owners who fall into the same category of participant in a clause in subsection 37B(1); (

b) no more than 30% of an amount set out in subsection (3) may be paid to 1 or more owners for generation facilities located in Halifax County; (

c) no more than 30% of an amount set out in subsection (3) may be paid to 1 or more owners for generation facilities located in the counties of Cape Breton, Inverness, Richmond and Victoria; (

d) no more than 30% of an amount set out in subsection (3) may be paid to 1 or more owners for generation facilities located in the counties of Antigonish, Colchester, Cumberland, Guysborough and Pictou; (

e) no more than 30% of an amount set out in subsection (3) may be paid to 1 or more owners for generation facilities located in the counties of Annapolis, Digby, Hants, Kings, Lunenburg, Queens, Shelburne and Yarmouth. © NS Office of the Registrar of Regulations. Web version. 348

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(5) If the expected amounts to be paid by NSPI for a program year are less than the total amount set out in subsection (3), then an amount equal to the difference between those amounts must be added to the amount set out in subsection (3) as an increase in the total limit for the following program year.

(6) In subsection (5), the net expected payments determined for NSPI for a program year must exclude expected payments under contracts awarded by the procurement administrator that have been terminated.

(7) To determine whether an amount set out in subsection (2) or (3) would be exceeded, the procurement administrator must assume all of the following, despite information to the contrary in any response to a request for proposals: (

a) that a generation facility awarded a contract under the solar program with a public utility other than NSPI will be in commercial operation for the entire year in 2019; (

b) that a generation facility awarded a contract under the solar program with NSPI will be in commercial operation for the entire year in the program year for the contract. Data reporting and sharing 37F

(1) An owner of a generation facility under the solar program must provide the Minister with all of the following information: (

a) the nameplate capacity of the generation facility; (

b) the cost of constructing the generation facility, or of any particular component or aspect of the generation facility.

(2) On request, a public utility must provide the procurement administrator with all of the following: (

a) the costs that would be incurred to produce, transmit, deliver or furnish any electricity that would be displaced by electricity purchased under the solar program to permit the procurement administrator to assess whether the awarding of a contract would result in the expected amounts to be paid by the public utility exceeding the program limits under

Section 37E; (

b) notification in writing if a power purchase agreement between the public utility and an owner of a generation facility connected to its electrical grid under the solar program is terminated.

(3) A public utility must provide the Minister with all of the following: (

a) all electric meter data for each generation facility connected to its electrical grid under the solar program including (

i) the amount of electricity produced and sold for each generation facility, and (ii) the time, date and amount of peak power for each generation facility; (

b) the price of all electricity sold by the owner of each generation facility to the public utility under the program; © NS Office of the Registrar of Regulations. Web version. 349

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c) notification in writing if a power purchase agreement between the public utility and an owner of a generation facility connected to its electrical grid under the solar program is terminated.

(4) The information required to be provided to the Minister under subsections (1) and (3) must be provided at the times and in the formats requested by the Minister.

(5) Subject to subsection (6), the Minister may use the information included in a response to a request for proposals or required to be provided under subsections (1) and (3) for any purpose, including the publication or other public release of the information.

(6) The Minister may not publish or publically [publicly] release the information required by clauses 35B(2A)(a)(e), (h), and (i). 13 (1) Clause 47(1)(

a) of the regulations is amended by striking out “or” immediately after “5”. (2) Clause 47(1)(

b) of the regulations is amended by striking out “or” immediately after “5”. (3) Clause 47(1)(

c) is amended by striking out “or 6A or 6” immediately after “5” and substituting “, 6 or 6A”. 14 The regulations are further amended by striking out “renewable electricity administrator” and substituting “procurement administrator” wherever it appears. N.S. Reg. 74/2017 to 74A/2017 Made: April 21, 2017 Filed: April 26, 2017 Davidson Lake Watershed Protected Water Area Designation and Davidson Lake Watershed Protected Water Area Regulations Order dated April 21, 2017 made by the Minister of Environment pursuant to subsections 106(1) and (6) of the Environment Act In the matter of subsections 106(1) and (6) of

Chapter 1 of the Acts of 1994-95, the Environment Act - and ­ In the matter of the designation of an area surrounding Davidson Lake, Hants County, as a Protected Water Area to be known as the “Davidson Lake Watershed Protected Water Area” Order

Whereas

Section 106 of

Chapter 1 of the Acts of 1994-95, the Environment Act (the “Act”), provides for the designation by the Minister of Environment under subsection (1) of a protected water area and the making of regulations under subsection (6) to prohibit, regulate or require the doing of any act or acts in a protected water area that may impair or prevent the impairment, as the case may be, of the quality of the water in the protected water area; © NS Office of the Registrar of Regulations. Web version. 350

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whereas the operator of the Hantsport Water Utility, the Municipality of the District of West Hants, has requested that the Minister of Environment designate a portion of the Davidson Lake watershed as a protected water area in order to protect the quality of the surface water and groundwater resource as a water supply; And

whereas the Town of Hantsport, former owner of the Hantsport Water Utility, has provided opportunities for public consultation, including public meetings; Therefore I, the Honourable Margaret Miller, Minister of Environment, hereby do the following: (

a) pursuant to subsection 106(1) of the Act, designate an area surrounding Davidson Lake and more fully described in the attached

Schedule “A” as a protected water area, to be known as the “Davidson Lake Watershed Protected Water Area”; (

b) pursuant to subsection 106(6) of the Act, make regulations respecting activity in the Davidson Lake Watershed Protected Water Area, in the form set forth in the attached

Schedule “B”. This order is effective on and after the date it is made. Dated and made Ap 21, 2017 [sic], at Halifax Regional Municipality, Province of Nova Scotia. sgd: M. Miller Honourable Margaret Miller Minister of Environment N.S. Reg. 74/2017 Davidson Lake Watershed Protected Water Area Designation

Schedule “A” Davidson Lake Watershed Protected Water Area Boundary Description All and singular that certain lot, piece, parcel or tract of land and land covered by water located in Hants County, in the Municipality of the District of West Hants, in the Province of Nova Scotia, shown outlined in purple on the map of the Davidson Lake Watershed Protected Water Area set out below, prepared with information from the Municipality of the District of West Hants, Planning Department. © NS Office of the Registrar of Regulations. Web version. 351

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Schedule “B” Regulations Respecting the Davidson Lake Watershed Protected Water Area made by the Minister of Environment under subsection 106(6) of

Chapter 1 of the Acts of 1994-95, the Environment Act Citation 1 These regulations may be cited as the Davidson Lake Watershed Protected Water Area Regulations .

Interpretation 2 In these regulations, “Act” means the Environment Act; “clearcut” means to harvest all merchantable trees from a piece of land more than 2 ha in size; “Department” means the Department of Environment; “forestry operation” means any activity related to using a forest for producing timber, wood fiber [fibre] or Christmas trees, including all of the following activities: (

i) forest management planning, (ii) silviculture, (iii) wood harvesting, (iv) watershed protection, (

v) constructing roads, bridges and stream crossings, (vi) operating, storing and using equipment and supplies; “pest control product” means a pest control product as defined in the Act; “Protected Water Area” means the land and water designated by the Minister under subsection 106(1) of the Act as the Davidson Lake Watershed Protected Water Area, as described in

Schedule “A” to the designation; “release” means a release as defined in the Act; “vehicle” means any vehicle propelled or driven other than by muscular power, whether or not the vehicle is registered under the Motor Vehicle Act; “vessel” means a means of conveyance used on water and includes any accessory to the vessel; “Water Works Operator” means the Municipality of the District of West Hants, operator of the Hantsport Water Works; “watercourse” means a watercourse as defined in the Act; © NS Office of the Registrar of Regulations. Web version. 353

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Part II - Regulations Vol. 41, No. 10 “wetland” means a wetland as defined in the Act. Removal of signs prohibited 3 A person must not remove or alter any sign or notice posted by the Water Works Operator under clause 106(2)(

c) of the Act. Prohibited and restricted activities 4 A person must not do any of the following things in the Protected Water Area: (

a) swim or bathe in any lake or watercourse; (

b) camp without the landowner’s permission; (

c) fish in any lake or watercourse; (

d) hunt in or over the waters of Davidson Lake; (

e) operate a vehicle on any land in the Protected Water Area, unless (

i) the operation of the vehicle is authorized by the Water Works Operator, or (ii) the vehicle is being operated on any of the following: (

A) a public road, (

B) a road built for purposes of a forestry operation, (

C) an access road to private land holdings; (

f) operate a vehicle or vessel on, through or over Davidson Lake or any other watercourse or wetland, except as authorized by the Water Works Operator for the purpose of protecting the Protected Water Area; (

g) ride a horse or bicycle on, through or over any watercourse or wetland, except at a bridge or culvert; (

h) wash a vehicle, vessel or machinery in or within 60 m of a watercourse; (

i) carry out maintenance, other than emergency repair, of a vehicle, vessel or machinery. Prohibition on release of substances 5

(1) A person must not release or cause or permit the release of any substance that impairs or may impair water quality in the Protected Water Area, including (

a) oil; (

b) petroleum products; (

c) soap; (

d) detergent; (

e) toxic chemicals; © NS Office of the Registrar of Regulations. Web version. 354

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f) pest control product waste; (

g) garbage, litter or solid or liquid waste; and (

h) any substance or material that causes or may cause an adverse effect.

(2) A person who is using mechanical equipment or transporting gasoline or oil in the Protected Water Area must not release, and must take precautions to prevent the release of, a petroleum product onto the ground or into a watercourse or wetland.

(3) A person must not refuel a vehicle or vessel within 20 m of the shoreline or bank of any watercourse or wetland within the Protected Water Area.

(4) A person must not store lubricants or fuel in bulk quantities of more than 450 L in the Protected Water Area. Forestry operations 6

(1) A person must not do any of the following in the Protected Water Area within a calendar year without the prior written permission of the Water Works Operator: (

a) clearcut; (

b) harvest more than 50 cords of wood.

(2) A request for permission for a forestry operation referred to in subsection (1) must include a cutting plan that contains all of the following information and documentation: (

a) the size of the area to be cut, measured in hectares; (

b) the type of cutting to be done; (

c) a map of the property showing the area to be cut and the location of all of the following: (

i) existing and proposed access or haul roads, landings and skid trails, (ii) watercourses and wetlands, (iii) a 65-m buffer zone surrounding watercourses and wetlands, (iv) existing or proposed watercourse or wetland crossings, (

v) areas where slopes exceed 20%; (

d) the type of equipment to be used; (

e) the anticipated start and completion dates for the operation; (

f) the proposed monitoring

schedule for checking vehicles and mechanical equipment for leaks, and general environmental monitoring; (

g) the proposed monitoring schedules for water sampling and checking sediment traps, if required by the Water Works Operator; © NS Office of the Registrar of Regulations. Web version. 355

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h) any information that the Water Works Operator requires to determine whether the requested permission should be granted.

(3) A person must not clearcut within 65 m of the shoreline or bank of any watercourse or wetland within the Protected Water Area.

(4) A person must not cut any mature tree within 65 m of the shoreline or bank of watercourse [ sic] within the Protected Water Area unless both of the following conditions have been met: (

a) the person has obtained written permission from the Water Works Operator to do so; (

b) the person has notified the Water Works Operator of the start date of cutting.

(5) A person must not pile or accumulate wood processing waste, such as sawdust, bark, wood chips and wood shavings, within 65 m of the shoreline or bank of any watercourse or wetland within the Protected Water Area. Pest control products 7

(1) A person must not use a pest control product within the Protected Water Area other than for 1 of the following purposes: (

a) personal application, such as applying mosquito repellent; (

b) application within structures associated with a woods camp.

(2) In clause (1)(b), “woods camp” means a building or structure intended to provide basic shelter for a person or group of persons engaged in hunting, fishing or other outdoor activities on an occasional or seasonal basis in a remote location where electricity and municipal or community services are not available. Road construction and maintenance restrictions 8

(1) A person must not undertake any road construction, including crossing and drainage works required for maintenance of the roadbed, without the prior written permission of the Water Works Operator.

(2) Except as provided in subsection (3), a new road must be constructed at least 20 m from any watercourse or wetland in the Protected Water Area.

(3) A road may be constructed to cross a watercourse or wetland in the Protected Water Area but must be constructed, as much as possible, at right angles.

(4) A person who is responsible for a road in the Protected Water Area must maintain and repair the road and must notify the Water Works Operator before undertaking any maintenance, repair or removal of the road.

(5) Bridges, pipe arches or other similar open-bottomed box culverts that retain the streambed in its natural form must be used for roads that are constructed to cross watercourses or wetlands. Soil erosion and sedimentation control 9

(1) A person must not undertake any activity that causes or might cause soil erosion resulting in sediment being deposited in any watercourse or wetlands within the Protected Water Area.

(2) A person who contravenes subsection (1) must immediately do all of the following things: © NS Office of the Registrar of Regulations. Web version. 356

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a) cease the activity causing sedimentation and take measures to control the soil erosion and sediment deposition; (

b) notify the Water Works Operator.

(3) A person may alter the land levels within 65 m of a watercourse or wetland located in the Protected Water Area only if the alteration is necessary for road construction and watercourse or wetland crossings permitted under these regulations.

(4) A person must not erect a structure or alter the level of the land in an area of the Protected Water Area where the slope is greater than 15% other than for 1 of the following purposes: (

a) preventing floods or erosion; (

b) facilitating drainage; (

c) municipal water treatment and distribution. Watercourse or wetland alteration 10

(1) A person must not construct a bridge or culvert or otherwise alter a watercourse or wetland in the Protected Water Area without the prior written permission of the Water Works Operator.

(2) An owner, operator or person responsible for a bridge or culvert constructed in the Protected Water Area must maintain and repair the bridge or culvert.

(3) An owner, operator or person responsible for a bridge or culvert constructed in the Protected Water Area must not remove the bridge or culvert without first providing written notice of intent to remove the bridge or culvert to the Water Works Operator, along with a copy of (

a) if an approval was required, a copy of the approval received from the Department for the activity; or (

b) if a notification was required, a copy of the notification submitted to the Department and a copy of the notification receipt received from the Department. Prohibition on landfills 11 A person must not establish any form of dump, incinerator, landfill or waste disposal site in the Protected Water Area. Agricultural waste setbacks from watercourses 12 A person must not pile or accumulate agricultural refuse or farm waste such as manure or compost within 650 m of any watercourse or wetland in the Protected Water Area.

Prohibition on aquaculture 13 A person must not conduct aquaculture activities of any kind, commercial or domestic, in the Protected Water Area. Gravel and mineral extraction 14 A person must not operate or use any pit, mine or quarry to extract gravel, rock or minerals in the Protected Water Area without the prior written permission of the Water Works Operator. © NS Office of the Registrar of Regulations. Web version. 357

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Part II - Regulations Vol. 41, No. 10 Easement restriction 15 A person must not construct a pipeline, railway, telephone line, power line or other similar undertaking or grant an easement on, over or across the Protected Water Area without the prior written permission of the Water Works Operator. Application for written permission 16

(1) On receipt of an application for written permission to conduct an activity in the Protected Water Area, the Water Works Operator may request the applicant to provide further information reasonably related to the activity.

(2) An application for written permission is not considered complete until the Water Works Operator receives any further information requested under subsection (1). Timing of Water Works Operator’s decision 17 The Water Works Operator must decide whether to grant or refuse permission under these regulations within 60 days after the date that the completed request for the permission and all required supplemental information are submitted.

Permission may include terms and conditions 18 Written permission granted by the Water Works Operator under these regulations may include any terms and conditions respecting time and other matters that are, in the opinion of the Water Works Operator, necessary to protect the water quality in the Protected Water Area. N.S.

Reg. 75/2017 to 75A/2017 Made: April 21, 2017 Filed: April 26, 2017 Mill Lakes Watershed Protected Water Area Designation and Mill Lakes Watershed Protected Water Area Regulations Order dated April 21, 2017 made by the Minister of Environment pursuant to subsections 106(1), (4) and (6) of the Environment Act In the matter of subsections 106(1), (4) and (6) of

Chapter 1 of the Acts of 1994-95, the Environment Act - and ­ In the matter of the designation of an area surrounding Mill Lakes Hants County, as a Protected Water Area to be known as the “Mill Lakes Watershed Protected Water Area” Order

Whereas by Order dated February 28, 1964, published in the Royal Gazette

Part I on March 4, 1964, the Nova Scotia Water Authority defined and prescribed an area surrounding Mill Lakes, Hants County, as a Protected Water Area; And

whereas by Order dated October 24, 1986, N.S. Reg. 264/86, the Minister of Environment designated and made regulations respecting the Mill Lakes Watershed Protected Water Area pursuant to subsections 17(1) and © NS Office of the Registrar of Regulations. Web version. 358

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Chapter 335 of the Revised Statutes of Nova Scotia, 1967, the Water Act; And

whereas subsection 106(4) of the Environment Act (the “Act”) permits the Minister to cancel the designation of a protected water area at the request of a Water Works Operator; And

whereas subsection 106(1) of the Act permits the designation by the Minister of Environment of a protected water area and subsection 106(6) permits the making of regulations to prohibit, regulate or require the doing of any act or acts in a protected water area that may impair or prevent the impairment, as the case may be, of the quality of the water in the protected water area; And

whereas the Town of Windsor, operator of the Town of Windsor Water Utility, has requested that the Minister of Environment cancel the designation effected by the Order dated October 24, 1986, N.S. Reg. 264/86, and designate a portion of the Mill Lakes Watershed as a Protected Water Area in order to protect the quality of the surface water and groundwater resource as a water supply; And

whereas the Town of Windsor has provided an opportunity for public consultation on the cancellation and new designation; Therefore I, the Honourable Margaret Miller, Minister of Environment for the Province of Nova Scotia, pursuant to subsections 106(1), (4) and (6) of

Chapter 1 of the Acts of 1994-95, the Environment Act, do the following: (

a) pursuant to subsection 106(4) of the Act, cancel the Mill Lakes Watershed Protected Water Area Designation, N.S. Reg. 264/86; (

b) pursuant to subsection 106(1) of the Act, designate an area more fully described in

Schedule “A” as a protected water area to be known as the “Mill Lakes Watershed Protected Water Area”; (

c) pursuant to subsection 106(6) of the Act, (

i) repeal the regulations respecting the Mill Lakes Watershed Protected Water Area, N.S. Reg. 264/86, made by the Minister of Environment by Order dated October 24, 1986, and (ii) make regulations respecting the Mill Lakes Watershed Protected Water Area in the form set forth in

Schedule “B”. This order is effective on and after the date it is made. Dated and made Ap 21, 2017 [sic], at Halifax, Province of Nova Scotia. sgd: M. Miller Honourable Margaret Miller Minister of Environment © NS Office of the Registrar of Regulations. Web version. 359

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Schedule “A” Mill Lakes Watershed Protected Water Area Boundary Description All that certain area of land situate, lying and being in the Mill Lakes areas, in the vicinity of the Town of Windsor, County of Hants, Province of Nova Scotia, said area of land being shown on plan number P-080/83A on file in the office of the Director of Surveys, Department of Natural Resources in Halifax, and being more particularly described as follows: Beginning at Point “A” as shown on said plan number P-080/83A, said point being S 62°20'16" E a distance of 7737.67 feet from Nova Scotia Coordinate Monument number 8644 (said bearings and distances referred to herein are based on the Nova Scotia 3° Modified Transverse Mercator Projection, Zone 5, Central Meridian 64°30' Longitude West); From thence N 38°53'04" E a distance of 1698.56 feet to Point “B”; Thence S 68°10'33" E a distance of 1526.75 feet to Point “C”; Thence S 28°05'16" E a distance of 3644.43 feet to Point “D”; Thence S 07°31'26" W a distance of 1753.94 feet to Point “E”; Thence S 14°33'44" E a distance of 4854.10 feet to Point “F”; Thence S 06°28'45" W a distance of 2238.71 feet to Point “G”; Thence S 53°02'22" W a distance of 11 595.16 feet to Point “H”; Thence N 56°14'49" W a distance of 10 776.44 feet to Point “I”; Thence N 45°04'07" E a distance of 9512.73 feet to Point “II”; Thence N 08°36'56" E a distance of 2131.03 feet to Point “JJ”; Thence N 73°30'38" E a distance of 2658.56 feet to Point “J”; Thence N 85°37'05" E a distance of 2576.43 feet to Point “K”; Thence N 25°35'19" E a distance of 2582.71 feet to the place of beginning containing 4394.515 acres. © NS Office of the Registrar of Regulations.

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Part II - Regulations Vol. 41, No. 10 N.S. Reg. 75A/2017 Mill Lakes Watershed Protected Water Area Regulations

Schedule “B” Regulations Respecting the Mill Lakes Watershed Protected Water Area made by the Minister of Environment under subsection 106(6) of

Chapter 1 of the Acts of 1994-95, the Environment Act Citation 1 These regulations may be cited as the Mill Lakes Watershed Protected Water Area Regulations .

Interpretation 2 In these regulations, “Act” means the Environment Act; “Department” means the Department of Environment; “off-highway vehicle” means an off-highway vehicle as defined in the Off-highway Vehicles Act; “pesticide” or “pest control product” means a pesticide or pest control product as defined in the Act; “Protected Water Area” means the land and water designated by the Minister under subsection 106(1) of the Act as the Mill Lakes Watershed Protected Water Area, as described in

Schedule “A” to the designation; “release” means release as defined in the Act; “vessel” means a means of conveyance used on water and includes any accessory to the vessel; “Water Works Operator” means the Town of Windsor, operator of the Town of Windsor Water Utility. “watercourse” means a watercourse as defined in the Act; “watershed” means a watershed as defined in the Act; “wetland” means a wetland as defined in the Act. Removal of signs prohibited 3 A person must not remove or alter any sign or notice posted by the Water Works Operator under clause 106(2)(

c) of the Act. Prohibited and restricted activities 4 A person must not do any of the following things in the Protected Water Area: (

a) except as provided in

Section 5, fish in any watercourse; (

b) swim or bathe in any lake or watercourse; (

c) except as provided in

Section 5, boat in any watercourse; © NS Office of the Registrar of Regulations. Web version. 362

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d) skate or engage in any other ice surface recreational activities; (

e) operate a vehicle on or over any watercourse, except at a bridge or crossing approved by the Department; (

f) except as provided in

Section 5, operate an off-highway vehicle in or on a watercourse; (

g) wash a vehicle, vessel or mechanical equipment; (

h) carry out maintenance, other than emergency repair, of a vehicle, vessel or machinery. Exceptions for landowners 5 An owner of land in the Protected Water Area may do any of the following: (

a) fish in Mill Lakes; (

b) use any of the following on Mill Lakes: (

i) a rowboat, canoe, or other non-motorized vessel, (ii) a vessel powered by an electric motor; (

c) for the sole purpose of accessing their land, operate an off-highway vehicle on Mill Lakes when the lakes are covered by ice, but only if it is safe to do so. Forestry restrictions 6 A person must not harvest more than 50 000 board feet or 100 cords of wood in 1 calendar year on land within the Protected Water Area unless the landowner has submitted a forestry plan to the Water Works Operator and the Water Works Operator has granted written permission for the harvesting. Prohibition on release of substances 7 A person must not release or cause or permit the release of any substance that impairs or may impair water quality in the Protected Water Area, including (

a) oil; (

b) petroleum products; (

c) soap; (

d) detergent; (

e) toxic chemicals; (

f) pest control product waste; (

g) garbage, litter or solid or liquid waste; and (

h) any substance or material that causes or may cause an adverse effect. Prohibition on landfills 8 A person must not establish any form of dump, landfill, compost operation, or waste disposal site in the Protected Water Area. © NS Office of the Registrar of Regulations. Web version. 363

N.S. Reg. 75A/2017 Royal Gazette

Part II - Regulations Vol. 41, No. 10 Soil erosion and sedimentation control 9

(1) A person must not undertake any activity that causes or might cause soil erosion resulting in sediment being deposited in any watercourse or wetlands within the Protected Water Area.

(2) A person who contravenes subsection (1) must immediately do all of the following things: (

a) cease the activity causing sedimentation and take measures to control the soil erosion and sediment deposition; (

b) notify the Water Works Operator. Road construction and maintenance restrictions 10

(1) A person must not begin constructing a road within the Protected Water Area unless the person has submitted plans for the road construction to the Water Works Operator and the Water Works Operator has granted written permission for the construction.

(2) An owner of, operator of or person responsible for a road, bridge or culvert within the Protected Water Area must maintain and repair the road, bridge or culvert to the satisfaction of the Water Works Operator. Pest control products 11

(1) Except as provided in subsection (2), a person must not use pest control products within the Protected Water Area unless the person has (

a) provided the Water Works Operator with a copy of any approval issued by the Minister in relation to the use; and (

b) received written permission from the Water Works Operator for the use. (2) Subsection (1) does not apply to the use of pest control products for any of the following purposes: (

a) small-scale personal use, such as the application of mosquito repellent; (

b) application within a structure such as a camp. Watercourse or wetland alteration 12 A person must not alter or begin any activity that will result in altering the natural features of any watercourse or wetland or the natural movement of water within the Protected Water Area unless the person has provided the Water Works Operator with a copy of (

a) if an approval was required, a copy of the approval received from the Department for the activity; or (

b) if a notification was required, a copy of the notification submitted to the Department and a copy of the notification receipt received from the Department. Easement restriction 13 A person must not begin construction of or maintenance work on a public road, pipeline, railway, powerline or similar undertaking within the Protected Water Area unless the person has (

a) provided the Water Works Operator with plans for the construction or maintenance; and (

b) received written permission from the Water Works Operator. © NS Office of the Registrar of Regulations. Web version. 364

N.S. Reg. 75A/2017 Royal Gazette

Part II - Regulations Vol. 41, No. 10 Gravel and mineral extraction 14

(1) Except as provided in subsection (2), a person must not operate or use any pit, mine or quarry to extract gravel, rock or minerals within the Protected Water Area unless the person has (

a) provided the Water Works Operator with a copy of any approval issued by the Minister in relation to the pit, mine or quarry; and (

b) received written permission from the Water Works Operator for the operation or use. (2) Subsection (1) does not apply to a landowner using granular material for building and maintaining roads on their woodlot. Prohibition on agriculture 15

(1) A person must not pasture any cow, sheep, horse, pig or other domesticated animal within the Protected Water Area.

(2) A person must not pile or accumulate agricultural refuse or farm waste such as manure and compost within the Protected Water Area. Prohibition on aquaculture 16 A person must not conduct aquaculture activities within the Protected Water Area. Application for written permission 17

(1) On receipt of an application for written permission to conduct an activity in the Protected Water Area, the Water Works Operator may request the applicant to provide further information reasonably related to the activity.

(2) An application for written permission is not considered complete until the Water Works Operator receives any further information requested under subsection (1). Timing of Water Works Operator’s decision 18 The Water Works Operator must respond to an application for written permission to conduct an activity no later than 10 working days after the date the completed application is received.

Permission may include terms and conditions 19 Written permission granted by the Water Works Operator under these regulations may include any terms and conditions respecting time and other matters that are, in the opinion of the Water Works Operator, necessary to protect the water quality in the Protected Water Area. © NS Office of the Registrar of Regulations. Web version. 365

N.S. Reg. 76/2017 Royal Gazette

Part II - Regulations Vol. 41, No. 10 N.S. Reg. 76/2017 Made: April 26, 2017 Filed: April 27, 2017

Summary Offence Tickets Regulations–amendment Order dated April 26, 2017 Amendment to regulations made by the Attorney General and Minister of Justice pursuant to

Section 8 of the

Summary Proceedings Act Order Made under

Section 8 of

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

Summary Proceedings Act I, Diana Whalen, Attorney General and Minister of Justice for the Province of Nova Scotia, pursuant to

Section 8 of

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

Summary Proceedings Act, hereby (

a) amend the

Summary Offence Tickets Regulations, N.S. Reg. 281/2011, made by order of the Attorney General and Minister of Justice dated October 4, 2011, to designate certain offences under the Direct Sellers’ Regulation Act as

summary offence ticket offences, in the manner set forth in the attached

Schedule “A”; and (

b) order and direct that the penalty to be entered on a summons in respect of an offence set out in amendments to the schedules to the

Summary Offence Tickets Regulations, N.S. Reg. 281/2011, as set forth in the attached

Schedule “A”, is the out-of-court settlement amount listed in the out-of-court settlement column set out opposite the description for the offence, and includes the charge provided for in, and in accordance with, Sections 8 and 9 of the Act. This Order is effective on and after the date it is made. Dated and made April 26, 2017, at Halifax, Halifax Regional Municipality, Province of Nova Scotia. sgd: Diana Whalen Honourable Diana Whalen Attorney General and Minister of Justice

Schedule “A” Amendment to the

Summary Offence Tickets Regulations made by the Attorney General and Minister of Justice pursuant to

Section 8 of

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

Summary Proceedings Act The

Summary Offence Tickets Regulations, N.S. Reg. 281/2011, made by order of the Attorney General and Minister of Justice dated October 4, 2011, are amended by adding the following

Schedule immediately after

Schedule 44: © NS Office of the Registrar of Regulations. Web version. 366

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Part II - Regulations Vol. 41, No. 10

Schedule 45 Direct Sellers’ Regulation Act Offence

Section 1 Individual carrying on business of direct selling without permit, for 5(1)(

a) first offence second offence third offence 2 Corporation carrying on business of direct selling without permit, for 5(1)(

a) first offence second offence third offence 3 Individual carrying on business of direct selling without authorization by holder of permit to act on permit holder’s behalf, for 5(1)(

b) first offence second offence third offence 4 Individual direct seller selling, offering for sale or soliciting orders (specify) for goods or services not specified in permit 8(4) 5 Corporation as direct seller selling, offering for sale or soliciting orders (specify) for goods or services not specified in permit 8(4) 6 Salesperson selling, offering for sale or soliciting orders (specify) for goods or services not specified in permit of direct seller the salesperson represents 15A(2) 7 Individual employing, authorizing or permitting person without permit to do thing (specify) requiring permit 31 8 Corporation employing, authorizing or permitting person without permit to do thing (specify) requiring permit 31 9 Falsely holding oneself out as engaged, employed or authorized (specify) to act on behalf of direct seller 31A 10 Individual failing to comply with compliance order (specify), for first offence 36(1)(

b) second offence third offence 11 Corporation failing to comply with compliance order (specify), for 36(1)(

b) first offence second offence third offence 12 Individual knowingly providing false information in application, statement or material required under Act or regulations (specify) 36(1)(c) 13 Corporation knowingly providing false information in application, statement or material required under Act or regulations (specify) 36(1)(

c) Out of Court Settlement $985.00 $1272.50 $2422.50 $2422.50 $5872.50 $11 622.50 $985.00 $1272.50 $2422.50 $697.50 $1272.50 $697.50 $697.50 $1272.50 $697.50 $985.00 $1272.50 $2422.50 $2422.50 $5872.50 $11 622.50 $697.50 $1272.50 © NS Office of the Registrar of Regulations. Web version. 367

N.S. Reg. 77/2017 Royal Gazette

Part II - Regulations Vol. 41, No. 10 N.S. Reg. 77/2017 Made: April 27, 2017 Filed: April 28, 2017 Prescribed Petroleum Products Prices Order dated April 27, 2017 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Order In the matter of the Petroleum Products Pricing Act M08023 - and ­ In the matter of prescribing prices for petroleum products pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Peter W. Gurnham, Q.C., Chair

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

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

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

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

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended April 27, 2017, are: Grade 1 Regular gasoline 56.9¢ per litre Ultra-low-sulfur diesel oil 55.2¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 56.9¢ per litre Grade 2 59.9¢ per litre Grade 3 62.9¢ per litre Ultra-low-sulfur diesel oil 55.2¢ per litre And

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

whereas a winter blending adjustment of plus 8.0¢ per litre is required for ultra-low-sulfur diesel oil; And

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

Schedule “A” effective on and after 12:01 a.m., April 28, 2017. © NS Office of the Registrar of Regulations. Web version. 368

N.S. Reg. 77/2017 Royal Gazette

Part II - Regulations Vol. 41, No. 10 Dated at Halifax, Nova Scotia, this 27th day of April, 2017. sgd: Bruce A. Kiley Clerk of the Board

Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on April 28, 2017 Nova Scotia Petroleum Price

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

Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded 64.1 10.0 15.5 89.6 108.9 111.1 108.9 999.9 Mid-Grade Unleaded 67.1 10.0 15.5 92.6 112.4 114.5 112.4 999.9 Premium Unleaded 70.1 10.0 15.5 95.6 115.8 118.0 115.8 999.9 Ultra-Low-Sulfur Diesel 63.2 4.0 15.4 82.6 100.9 103.0 100.9 999.9 Zone 2 Regular Unleaded 64.6 10.0 15.5 90.1 109.5 111.7 109.5 999.9 Mid-Grade Unleaded 67.6 10.0 15.5 93.1 112.9 115.1 112.9 999.9 Premium Unleaded 70.6 10.0 15.5 96.1 116.4 118.6 116.4 999.9 Ultra-Low-Sulfur Diesel 63.7 4.0 15.4 83.1 101.4 103.6 101.4 999.9 Zone 3 Regular Unleaded 65.0 10.0 15.5 90.5 109.9 112.1 109.9 999.9 Mid-Grade Unleaded 68.0 10.0 15.5 93.5 113.4 115.6 113.4 999.9 Premium Unleaded 71.0 10.0 15.5 96.5 116.8 119.0 116.8 999.9 Ultra-Low-Sulfur Diesel 64.1 4.0 15.4 83.5 101.9 104.1 101.9 999.9 Zone 4 Regular Unleaded 65.1 10.0 15.5 90.6 110.1 112.2 110.1 999.9 Mid-Grade Unleaded 68.1 10.0 15.5 93.6 113.5 115.7 113.5 999.9 Premium Unleaded 71.1 10.0 15.5 96.6 117.0 119.1 117.0 999.9 Ultra-Low-Sulfur Diesel 64.2 4.0 15.4 83.6 102.0 104.2 102.0 999.9 Zone 5 Regular Unleaded 65.1 10.0 15.5 90.6 110.1 112.2 110.1 999.9 Mid-Grade Unleaded 68.1 10.0 15.5 93.6 113.5 115.7 113.5 999.9 Premium Unleaded 71.1 10.0 15.5 96.6 117.0 119.1 117.0 999.9 Ultra-Low-Sulfur Diesel 64.2 4.0 15.4 83.6 102.0 104.2 102.0 999.9 Zone 6 Regular Unleaded 65.8 10.0 15.5 91.3 110.9 113.0 110.9 999.9 Mid-Grade Unleaded 68.8 10.0 15.5 94.3 114.3 116.5 114.3 999.9 Premium Unleaded 71.8 10.0 15.5 97.3 117.8 119.9 117.8 999.9 Ultra-Low-Sulfur Diesel 64.9 4.0 15.4 84.3 102.8 105.0 102.8 999.9 © NS Office of the Registrar of Regulations.

Web version. 369

7 N.S. Reg. 78/2017 Royal Gazette

Part II - Regulations Vol. 41, No. 10 N.S. Reg. 78/2017 Made: April 26, 2017 Filed: April 28, 2017 Proclamation, S. 7, S.N.S. 2016, c. 14 Order in Council 2017-139 dated April 26, 2017 Proclamation made by the Governor in Council pursuant to

Section 7 of

An Act to Amend

Chapter 7 of the Acts of 1996, the Occupational Health and Safety Act The Governor in Council on the report and recommendation of the Minister of Labour and Advanced Education dated April 5, 2017, and pursuant to

Section 7 of

Chapter 14 of the Acts of 2016,

An Act to Amend

Chapter 7 of the Acts of 1996, the Occupational Health and Safety Act , is pleased to order and declare by proclamation that

Chapter 14 of the Acts of 2016,

An Act to Amend

Chapter 7 of the Acts of 1996, the Occupational Health and Safety Act, do come into force on and not before June 12, 2017. PROVINCE OF NOVA SCOTIA sgd: J. J. Grant G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 7 of

Chapter 14 of the Acts of 2016,

An Act to Amend

Chapter 7 of the Acts of 1996, the Occupational Health and Safety Act , it is enacted as follows: This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 14 of the Acts of 2016,

An Act to Amend

Chapter 7 of the Acts of 1996, the Occupational Health and Safety Act , do come into force on and not before June 12, 2017; 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 14 of the Acts of 2016,

An Act to Amend

Chapter 7 of the Acts of 1996, the Occupational Health and Safety Act , do come into force on and not before June 12, 2017, 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 Brigadier-General, the Honourable J. J. Grant (Retired), Lieutenant Governor of the Province of Nova Scotia. © NS Office of the Registrar of Regulations. Web version. 370

N.S. Reg. 78/2017 - 79/2017 Royal Gazette

Part II - Regulations Vol. 41, No. 10 AT Our Government House in the Halifax Regional Municipality, this 26th day of April in the year of Our Lord two thousand and seventeen and in the sixty- sixth year of Our Reign. BY COMMAND: sgd: Honourable Diana C. Whalen Provincial Secretary Attorney General and Minister of Justice N.S. Reg. 79/2017 Made: April 27, 2017 Filed: April 28, 2017 Proclamation, S. 59, S.N.S. 2015, c. 44 Order in Council 2017-141 dated April 27, 2017 Proclamation made by the Governor in Council pursuant to

Section 59 of

An Act to Amend

Chapter 160 of the Revised Statutes, 1989, the Maintenance and Custody Act The Governor in Council on the report and recommendation of the Attorney General and Minister of Justice dated April 21, 2017, and pursuant to

Section 59 of

Chapter 44 of the Acts of 2015, [

An Act to Amend

Chapter 160 of the Revised Statutes, 1989,] the Maintenance and Custody Act, is pleased to order and declare by proclamation that

Chapter 44 of the Acts of 2015, [

An Act to Amend

Chapter 160 of the Revised Statutes, 1989, ] the Maintenance and Custody Act, do come into force on and not before May 26, 2017. PROVINCE OF NOVA SCOTIA sgd: J. J. Grant G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 59 of

Chapter 44 of the Acts of 2015, [

An Act to Amend

Chapter 160 of the Revised Statutes, 1989,] the Maintenance and Custody Act, it is enacted as follows: 59 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 44 of the Acts of 2015, [

An Act to Amend

Chapter 160 of the Revised Statutes, 1989,] the Maintenance and Custody Act, do come into force on and not before May 26, 2017; © NS Office of the Registrar of Regulations. Web version. 371

N.S. Reg. 79/2017 - 80/2017 Royal Gazette

Part II - Regulations Vol. 41, No. 10 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 44 of the Acts of 2015, [

An Act to Amend

Chapter 160 of the Revised Statutes, 1989,] the Maintenance and Custody Act, do come into force on and not before May 26, 2017, 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 Brigadier-General, the Honourable J. J. Grant (Retired), Lieutenant Governor of the Province of Nova Scotia.

AT Our Government House in the Halifax Regional Municipality, this 27th day of April in the year of Our Lord two thousand and seventeen and in the sixty- sixth year of Our Reign. BY COMMAND: sgd: Honourable Diana C. Whalen Provincial Secretary Attorney General and Minister of Justice N.S.

Reg. 80/2017 Made: April 20, 2017 Approved: April 27, 2017 Filed: April 28, 2017 Family Court Rules–amendment Order in Council 2017-142 dated April 27, 2017 Amendment to regulations made by the Family Court Rules Committee and approved by the Governor in Council pursuant to Sections 11 and 12 of the Family Court Act The Governor in Council on the report and recommendation of the Attorney General and Minister of Justice dated April 21, 2017, and pursuant to Sections 11 and 12 of

Chapter 159 of the Revised Statutes of Nova Scotia, 1989, the Family Court Act (the Act), is pleased to approve amendments to the Family Court Rules, N.S. Reg. 20/93, approved by the Governor in Council by Order in Council 93-114 dated February 2, 1993, in the manner set forth in

Schedule “A” and

Schedule “B” attached to and forming part of the report and recommendation, the amendments to be effective on and after the date they are published in the Royal Gazette in accordance with

Section 12 of the Act. [Please note:

Schedule “B” to Order in Council 2017-142, N.S. Reg. 81/2017, will be published in a special issue of Volume 41 of the Royal Gazette

Part II .] © NS Office of the Registrar of Regulations. Web version. 372

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Schedule “A” In the matter of

Chapter 159 of the Revised Statutes of Nova Scotia, 1989, the Family Court Act and In the matter of an amendment to the Family Court Rules, N.S. Reg. 20/93 Certificate I, Judge Jean M. Dewolfe, of the Family Court of Nova Scotia, certify that, on April 20, 2017, pursuant to

Section 11 of

Chapter 159 of the Revised Statutes of Nova Scotia, 1989, the Family Court Act, the Family Court Rules Committee made the attached amendments to the Family Court Rules, N.S. Reg. 20/93, approved by the Governor in Council by Order in Council 93-114 dated February 2, 1993. Dated: April 20, 2017 sgd: J. Dewolfe JFC Judge Jean M. Dewolfe Judge of the Family Court of Nova Scotia Chair, Family Court Rules Committee Amendment to the Family Court Rules made by the Family Court Rules Committee under Sections 11 and 12 of

Chapter 159 of the Revised Statutes of Nova Scotia, 1989, the Family Court Act 1 The Family Court Rules, N.S. Reg. 20/93, made by the Family Court Rules Committee and approved by the Governor in Council by Order in Council 93-114 dated February 2, 1993, are amended by repealing Rule 21. 2 The Rules are further amended by adding the following Rule immediately after Rule 23: Rule 24 - Proceedings under the Children and Family Services Act

Interpretation 24.01

(1) This Rule applies to proceedings under the Children and Family Services Act commenced on or after March 1, 2017.

(2) In this Rule, “Act” means the Children and Family Services Act; “agency” means an agency as defined in the Act; “Minister” means the Minister as defined in the Act; “protection application” means an application to determine whether a child is a child in need of protective services under

Section 32 of the Act; © NS Office of the Registrar of Regulations. Web version. 373

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Part II - Regulations Vol. 41, No. 10 “representative” means a representative as defined in the Act; “Rules” means the Family Court Rules; “secure-treatment applicant” means the Minister or an agency acting with the consent of the Minister; “secure-treatment application” means (

i) an application under

Section 56 of the Act for a secure-treatment order or renewal of a secure-treatment order, or (ii) an application under

Section 57 of the Act for review of a secure-treatment order; “secure-treatment court” means the Family Court located in Truro, Nova Scotia, or another court facility designated by the Associate Chief Judge of the Family Court of Nova Scotia; “working day” means a weekday from Monday to Friday, but does not include a holiday or any other day when the applicable office of the court, as defined by practice memorandum, is closed for business, and, in computing “within five working days”, the time does not include the day when the child is taken into care or the protection application is filed.

Forms 24.02 If no form is otherwise prescribed by this Rule for an application or an order, an application may be in Form 24.02A and an order may be in Form 24.02B. Ex parte applications 24.03

(1) An application for an order under

Section 26, 29 or 34 of the Act must be made in Form 24.03A, 24.03B, 24.03C or 24.03D, specifying the order sought.

(2) If a parent or guardian brings an application under

Section 29, the judge may direct that any affidavit filed in support of the application, the order and any other relevant information be provided to an agency. Taking into care 24.04 If a child is taken into care, an representative must immediately serve a notice of taking into care in Form 24.04A personally on the parent or guardian if known and available to be served. Commencement of proceedings 24.05

(1) A protection proceeding is commenced by the agency filing a protection application in Form 24.05A, supported by an affidavit setting out the reasonable and probable grounds relied on by the agency for a finding that the child is in need of protective services and the contents of the interim order requested.

(2) If a child is taken into care before a protection application is filed, the agency must, as soon as practicable, file a protection application as required by subrule (1). Place of hearing 24.06

(1) A protection application must be heard in the location of the court most convenient to the child’s place of ordinary residence or, if the child has no ordinary residence in the Province, in the location of the court where the application is filed by the agency. © NS Office of the Registrar of Regulations. Web version. 374

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(2) On application by a party or on the court’s own motion, a proceeding under this Rule may be transferred to another location where the court sits.

(3) As soon as practicable after the filing of a protection application, the agency must file with the court a certified extract from the registration of birth for each child who is the subject of the protection application. Joinder of proceedings 24.07 Any proceeding in the court involving the custody or access of a child may be joined or consolidated with a protection proceeding, in accordance with Rule 16.02. Interim hearings 24.08

(1) Service of a protection application and supporting affidavit must be effected by personal service at least 2 days before the interim hearing, unless service is waived, before or at the interim hearing, by the party or the court.

(2) If an agency is unable to serve a party in accordance with subrule (1), despite reasonable efforts to do so within the time available, the court must proceed with the hearing required by [sub]sections 39(1) and (2) of the Act, and may make any further directions respecting service, including substituted service, that are just and necessary in the circumstances.

(3) For the purposes of the hearing required by [sub]sections 39(1) and (2) of the Act, the 5-day time limit of subrule 10.02(3) does not apply and a letter or report under subrule 10.03(1) may be admitted without compliance with the 5-day notice requirement or subrule 10.03(2).

(4) At the commencement of an interim hearing, the court must first satisfy itself that the agency has met its obligations of disclosure under subsection 38(1) of the Act and, if that obligation has not been satisfied, the court must, during any period of adjournment of the interim hearing, make any orders that are necessary to effect the disclosure in accordance with Rule 24.09. (4A) At the commencement of an interim hearing, the court must first enquire whether the child is or is entitled to be a Mi’kmaw child and, if so, whether the child’s band is known. (4B) If the child is or is entitled to be a Mi’kmaw child and the child’s band is known, the court may make any directions respecting service on the band that are just and necessary in the circumstances. (4C) Notice to a band may be in Form 24.08A. (4D) If a child’s band has been served notice of the proceeding, the band may elect what further notice it wishes to receive by filing Form 24.08B.

(5) In determining whether there are reasonable and probable grounds to believe that the child is in need of protective services under subsections 39(2) and (3) of the Act, the court must decide the question solely on any affidavits filed by any party, unless leave of the court is granted to hear viva voce evidence.

(6) If an interim hearing is adjourned under subsection 39(3) of the Act, the court must make an interim order under subsection 39(4) of the Act for no longer than is reasonably necessary to complete the interim hearing, subject to the time limits set out in subsection 39(4) of the Act. © NS Office of the Registrar of Regulations. Web version. 375

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(7) At the interim hearing, as soon as is practicable in the circumstances, the court must determine whether the child is a party and entitled to representation in accordance with

Section 37 of the Act and must make any directions respecting the child’s party status, representation, presence at hearings, participation and service of documents on the child that are just and necessary in the circumstances, having regard to the child’s best interests.

(8) On the application of any other person, the court may add that person under clause 36(1)(

f) of the Act as a party at the interim hearing, only if that person’s presence as a party is necessary to determine the matters in issue.

(9) On the application of a party, an interim order may be varied or terminated and, if a child has been taken into care by an agency after the commencement of the proceeding, the agency must (

a) file the application as soon as practicable; and (

b) serve the application on each of the other parties at least 2 days before the hearing, unless service is waived, before or at the hearing, by the party or the court.

(10) A judge of the court who makes any interim order under subsection 39(3) or 39(4) of the Act is not seized with the proceeding, but is not disqualified from conducting any other hearing under Sections 32 to 48 of the Act. Disclosure and discovery 24.09

(1) No oral examination for discovery under Civil Procedure Rule 18 may take place before the completion of an interim hearing, unless so ordered by the court.

(2) No oral examination for discovery of a child may take place under Civil Procedure Rule 18 unless the court has first granted an order allowing the examination.

(3) After a protection application has been filed, a party may seek discovery under Civil Procedure Rules 19, 20 and 21, but no party need respond until after the hearing required by subsections 39(1) and (2) of the Act and, at that hearing, the court may give directions to effect the discovery before completion of the interim hearing.

(4) After the interim hearing has been completed, the discovery provisions of Civil Procedure Rules 18, 19, 20 and 21 apply.

(5) If a child is granted party status and representation under

Section 37 of the Act, but no guardian ad litem is appointed, on the application of counsel for the child or of any party or on the court’s own motion, if disclosure of all or any part of a report or assessment, or intended exhibit or evidence, would cause emotional harm to the child, the court may direct the information so identified not be disclosed to the child. Mediation 24.10

(1) If the parties have agreed to the appointment of a mediator under subsection 21(1) of the Act, a party may move for the extension of a time limit under subsection 41(1), 45(1) or 45(2) of the Act in accordance with subsection 21(3) of the Act and the court may grant an extension in Form 24.10A, in the interests of the child and for the consensual resolution of the matters in issue.

(2) If an order is granted under subrule (1) and mediation has been completed, the mediator must prepare a written report for the court and, on approval of the report by the parties, the © NS Office of the Registrar of Regulations. Web version. 376

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Part II - Regulations Vol. 41, No. 10 report must be filed with the court. Pre-hearing conference 24.10.1

(1) Before a protection hearing, a pre-hearing conference must be held and must be in accordance with Rule 11.01.

(2) Before a disposition hearing, a pre-hearing conference must be held and must be in accordance with Rule 11.01. Protection hearing 24.11

(1) No party may adduce evidence at a protection hearing in accordance with subsection 96(1) or (3) of the Act, unless (

a) that party has given notice of the intention to do so no later than the pre-hearing conference held under subrule 24.10.1(1); or (

b) leave of the court has otherwise been granted to do so.

(2) A judge of the court who conducts the protection hearing and determines that a child is in need of protective services must conduct the disposition hearing and any subsequent reviews respecting that child, unless Rule 16.03 applies. Disposition hearing 24.12

(1) If a finding has been made that a child is in need of protective services, the agency must file and serve an application for a disposition order in Form 24.12A, along with any supporting affidavit and an agency plan for the child’s care in Form 24.12B, no later than the pre-hearing conference held under subrule 24.10.1(2).

(2) A disposition order under subsection 42(1) of the Act must be in Form 24.12C, 24.12D, 24.[12]DA, 24.12E or 24.12F.

(3) If the court makes an order of dismissal under clause 42(1)(

a) of the Act or an order of permanent care and custody under clause 42(1)(

f) of the Act, the court must issue a separate order respecting each child who is the subject of the proceeding.

(4) The court must not issue an order of permanent care and custody respecting a child until the agency has filed the certified extract from the registration of birth as required by subrule 24.06.(3). Conferencing 24.12.1

(1) If an order has been made under clause 40(1)(

b) or 41(1)(

b) of the Act, the production of documents under Rule 24.09 may still occur.

(2) An application under

Section 40E of the Act may be in Form 24.12.1A.

(3) An order to terminate conferencing under clause 40E(2)(

b) of the Act may be in Form 24.12.1B.

(4) A party who terminates conferencing under

Section 40F of the Act must request a court officer or a judge to appoint a time and date for a pre-hearing conference.

(5) A notice to terminate conferencing under

Section 40F of the Act may be in Form 24.12.1C. © NS Office of the Registrar of Regulations. Web version. 377

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(6) Within 5 days of the termination of conferencing, the agency must file a notice of the time spent in conferencing.

(7) A notice of the time spent in conferencing may be in Form 24.12.1D.

(8) An agreed statement of facts under

Section 40G of the Act must provide all of the following and may be endorsed by counsel on behalf of any party: (

a) a brief statement of the history of the proceeding; (

b) a

summary of the assessment, treatments and services provided; (

c) an explanation of why a discontinuance would be in the child’s best interests; (

d) the details of any agreement reached regarding custody of and access to the child.

(9) The agreed statement of facts may be in Form 24.12.1E.

(10) A consent order under subsection 40G(3) of the Act may be referred to a judge for approval. Reviews 24.13

(1) A party applying for a review of a disposition order under

Section 46 of the Act must file with the court and serve on the other parties, at least 10 clear days before the commencement of the review hearing, a review application in Form 24.13A, along with any supporting affidavit, and, if the agency seeks a change in placement, access or services, a revised plan for the child’s care in Form 24.12B must be filed with the court by the agency before the hearing.

(2) If a child who is the subject of a review application has been taken into care by an agency after the making of a supervision order, the agency must, as soon as practicable, (

a) file the review application with the court; and (

b) at least 2 days before the review hearing, serve the review application on each of the other parties, unless service is waived, before or at the review hearing, by the party or the court.

(3) If no party has applied for a review before the expiry of a disposition order and no date for a review hearing has been fixed in the disposition order, the agency must obtain a date for a review hearing to take place before the expiry of the order and file and serve a review application in accordance with subrule (1).

(4) If a review application has been filed and the court has commenced a review hearing before the expiry of the order in question, with the consent of all parties or on the order of the court in the child’s best interests, the review hearing may be adjourned and a further disposition order, other than an order for permanent care and custody, may be made until the review hearing can be justly and expeditiously completed, subject to the time limits set out in subsections 43(4) and 45(1) of the Act. Termination of permanent care and custody orders and variation of access 24.14

(1) An application to vary or terminate access under an order for permanent care and custody must be filed in Form 24.14A, supported by affidavit, and served on the other parties. © NS Office of the Registrar of Regulations. Web version. 378

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(2) An application to terminate an order for permanent care and custody must be filed in Form 24.14B, supported by affidavit, and served on the other parties at least 10 clear days before the hearing of the application.

(3) If a party is required to obtain leave of the court under subsection 48(6) of the Act, before making an application to terminate an order for permanent care and custody, the party must first file an application for leave, supported by affidavit, and, if leave is granted, an application in Form 24.14B must be filed and served as directed by the court.

(4) An order under subsection 48(8) of the Act, other than clause 48(8)(a), must be in Form 24.14C or Form 24.14D. Consent to treatment 24.16*

(1) An application by the Minister under

Section 61 of the Act must be in Form 24.16A, supported by affidavit and the 2 medical opinions required together with the form of order requested.

(2) The hearing of the application must take place at any time and location and on any terms respecting parties and notice that the court directs. [*Numbering as in original.] Child abuse register 24.17

(1) An application by the Minister or an agency under subsection 63(3) of the Act for a finding of abuse for purposes of entry in the Child Abuse Register must be in Form 24.17A, supported by affidavit.

(2) The application and affidavit, together with a copy of the notice of objection in Form 24.17B, must be served on the person whose name is intended to be entered in the Child Abuse Register by personal service or by substituted service as directed by the court.

(3) For the purposes of this Rule, the person served with an application under subrule (2) must be named as the respondent.

(4) If the respondent has been served and no notice of objection has been filed with the court within 30 days of the date of service, the Minister or agency may file a notice of default in Form 24.17C and the court may make a finding of abuse without a hearing and without further notice to the respondent.

(5) On receipt of a notice of objection, the court must forward a copy of the notice of objection to the applicant Minister or agency.

(6) If a notice of objection has been filed, Rule 24.09 and subrule 24.11(1), with necessary modification, apply to a proceeding under this Rule.

(7) If the respondent has filed a notice of objection with the court, the Minister or agency may file and serve a notice of hearing in Form 24.17D, to be served on the respondent’s counsel or, if the respondent is not represented by counsel, by registered mail to the address provided on the notice of objection, at least 10 clear days before the date of the hearing.

(8) If the respondent is served in accordance with subrule (7) and fails to appear at the hearing, the respondent is deemed to have admitted to a finding of abuse as alleged in the application. © NS Office of the Registrar of Regulations. Web version. 379

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(9) An order of finding of abuse must be in Form 24.17E.

(10) An application under subsection 64(2) of the Act for removal of a person’s name from the Child Abuse Register may be in Form 24.17F, and the court must forward a copy of the application to the Minister at least 30 days before the date of the hearing of the application.

(11) An order for the removal of a person’s name from the Child Abuse Register must be in Form 24.17G. Secure-treatment certificate 24.18

(1) If a secure-treatment certificate under

Section 55 of the Act has been served on a child who is the subject of the proceeding, a copy of the certificate must be filed by the secure- treatment applicant.

(2) If a secure-treatment certificate under

Section 55 of the Act has been issued and no application made under

Section 56 of the Act, the secure-treatment applicant must file an affidavit explaining the reasons for the issuance of the certificate at least 2 days before the hearing. Place of hearing 24.19

(1) A secure-treatment application must be heard in the secure-treatment court. Service on parent or guardian 24.20

(1) Service of notice of a secure-treatment application under subsection 56(2A) of the Act on a child’s parent or guardian must be by personal service.

(2) Notice of a secure-treatment application under subsection 56(2A) of the Act to a child’s parent or guardian may be in Form 24.20A.

(3) If service is not able to be effected in accordance with subrule (1), despite reasonable efforts to do so within the time available, the court must proceed with the hearing required by

Section 56 or 57 of the Act, and may make any further directions respecting service, including substituted service, that are just and necessary in the circumstances.

(4) An application by a parent or guardian of a child who is not in the permanent care and custody of an agency to be added as a party to a secure-treatment proceeding may be in Form 24.20B. Evidence 24.21

(1) For the purposes of any hearing regarding a secure-treatment application, the 5-day time limit of subrule 10.02(3) does not apply and a letter or report under subrule 10.03(1) may be admitted without compliance with the 5-day notice requirement or with the provisions of subrule 10.03(2).

(2) On the application of counsel for the child or any party or on the court’s own motion, if disclosure of all or any part of a report or assessment, or intended exhibit or evidence, would cause emotional harm to the child, the court may direct the information so identified not be disclosed to the child. Hearing of application for secure-treatment order 24.22

(1) A secure-treatment proceeding is commenced by the secure-treatment applicant filing a secure-treatment application in Form 24.22A, supported by an affidavit setting out the evidence relied on by the secure-treatment applicant for a determination that © NS Office of the Registrar of Regulations. Web version. 380

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a) the child is suffering from an emotional or behavioural disorder; and (

b) it is necessary to confine the child in order to remedy or alleviate the disorder.

(2) Service of the application for a secure-treatment order and supporting affidavit must be effected by personal service at least 2 days before the hearing, unless service is waived, before or at the hearing, by the child, the legal aid office or the court. Hearing of application for renewal of secure-treatment order 24.23

(1) An application for renewal of a secure-treatment order is commenced by the secure- treatment applicant filing an application for renewal of the secure-treatment order in Form 24.23A, supported by an affidavit setting out the evidence relied on by the secure-treatment applicant for a determination that (

a) the child is suffering from an emotional or behavioural disorder; (

b) it is necessary to confine the child in order to remedy or alleviate the disorder; and (

c) there is an appropriate plan of treatment for the child.

(2) The application for renewal of a secure-treatment order and supporting affidavit must be filed at least 4 days before the renewal hearing. Hearing of review of secure-treatment order 24.24

(1) An application for review of a secure-treatment order is commenced by a party to the secure-treatment proceeding filing an application for review of the secure-treatment order in Form 24.24A, which may be supported by affidavit evidence.

(2) Service of the application for review of a secure-treatment order and any supporting affidavit must be effected by personal service at least 4 days before the hearing, unless service is waived, before or at the hearing, by the party or the court. Order 24.25

(1) A secure-treatment order may be in Form 24.25A.

(2) An order dismissing a secure-treatment application may be in Form 24.25B.

(3) An order terminating a secure-treatment order may be in Form 24.25C. The Rules are further amended by (

a) repealing Forms 21.02A, 21.02B, 21.03A, 21.03B, 21.03C, 21.03D, 21.04A, 21.05A, 21.10A, 21.12A, 21.12B, 21.12C, 21.12D, 21.12E, 21.12F, 21.13A, 21.14A, 21.14B, 21.14C, 21.14D, 21.15A, 21.15B, 21.15C, 21.16A, 21.17A, 21.17B, 21.17C, 21.17D, 21.17E, 21.17F and 21.17G; and (

b) adding Forms 24.02A, 24.02B, 24.03A, 24.03B, 24.03C, 24.03D, 24.04A, 24.05A, 24.08A, 24.08B, 24.10A, 24.12A, 24.12B, 24.12C, 24.12D, 24.12DA, 24.12E, 24.12F, 24.12.1A, 24.12.1B, 24.12.1C, 24.12.1D, 24.12.1E, 24.13A, 24.14A, 24.14B, 24.14C, 24.14D, 24.16A, 24.17A, 24.17B, 24.17C, 24.17D, 24.17E, 24.17F and 24.17G, in the forms attached, immediately after Form 6.21. © NS Office of the Registrar of Regulations. Web version. 381

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Part II - Regulations Vol. 41, No. 10 Form 24.02A: Application Form 24.02A No. Family Court for the Province of Nova Scotia BETWEEN: Applicant and Respondent Application TAKE NOTICE that an application will be made on behalf of the [ applicant/respondent] to the Family Court, located at , Nova Scotia, on , 20 , at [a.m/p.m.], or so soon thereafter as the application can be heard for an order AND TAKE NOTICE that in support of the application will be read the attached affidavit(

s) and such other material as counsel may advise, a true copy of which will be delivered to you or your counsel not later than one clear day before the hearing of the application. DATED at , Nova Scotia, , 20 . Counsel for the To: TAKE NOTICE: Sharing identifying information, including copies of documents, from this proceeding verbally, in writing or through the Internet, including through social media such as Facebook, Snapchat or Instagram, is an offence under s. 94(1) of the Children and Family Services Act, punishable by a fine of up to $10,000 and imprisonment for 2 years. © NS Office of the Registrar of Regulations. Web version. 382

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Part II - Regulations Form 24.02B: Order Vol. 41, No. 10 Form 24.02B BETWEEN: Family Court for the Province of Nova Scotia [Mi’kmaw Family and Children’s Services of Nova Scotia/ Minister of Community Services] and No.

Applicant Respondent Order BEFORE THE HONOURABLE JUDGE UPON READING the Application and all other documents on file in the matter [ and having heard evidence on ]; AND UPON IT APPEARING that the proper persons have received notice of the application in accordance with the Family Court Rules and the Children and Family Services Act; AND UPON HEARING for the Applicant and for the Respondent; NOW UPON MOTION: IT IS ORDERED THAT: DECISION RENDERED on , 20 . ISSUED at ___________, Nova Scotia, __________________, 20___.

Family Court Officer CONSENTING AS TO FORM: Counsel for the © NS Office of the Registrar of Regulations. Web version. 383

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Part II - Regulations Vol. 41, No. 10 Form 24.03A: Application and Affidavit for Production and Inspection of Records Form 24.03A No.

Family Court for the Province of Nova Scotia IN THE MATTER OF: The Children and Family Services Act, s. 26(1) - and ­ IN THE MATTER OF: The Application of Application and Affidavit for Production and Inspection of Records I, [full name], of [city, town or municipality], in the County of and Province of Nova Scotia, make application under s. 26(1) of the Children and Family Services Act on behalf of [Mi’kmaw Family and Children Services of Nova Scotia/the Minister of Community Services] for an order for production and inspection of records or documents in the possession, custody or control of [person or organization] located at [address] respecting the [child/children] [full name(

s) and birthdate(s)] (“the [child/children]”) and/or the parent or guardian ; AND in support of this application I make oath and say that: 1. I am a representative of [Mi’kmaw Family and Children Services of Nova Scotia/the Minister of Community Services], an agency within the meaning of the Children and Family Services Act. 2.

I have reasonable and probable grounds to believe that the person or organization named above has possession, custody or control of records or documents containing information necessary for the agency to determine whether the [child/children] [is/are] in need of protective services as described in s. 22(2) of the Act, clause(s): . 3. The records or documents which are necessary can be described as follows: 4.

The person or organization named above has refused or is unwilling to permit the production and inspection of those records or documents, more particularly [name and title of person contacted and date contacted]. Representative SWORN TO before me at in the County of and Province of Nova Scotia, on __________________, 20___. © NS Office of the Registrar of Regulations. Web version. 384

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Part II - Regulations Vol. 41, No. 10 A Commissioner, etc. Province of Nova Scotia ________________________________________________________________ Form 24.03B: Application and Affidavit for Investigative Order(

s) Form 24.03B No. Family Court for the Province of Nova Scotia IN THE MATTER OF: The Children and Family Services Act, s. 26(2) and IN THE MATTER OF: The Application of Application and Affidavit for Investigative Order(

s) I, [full name], of [city, town or municipality], in the County of and Province of Nova Scotia, make application under s. 26(2) of the Children and Family Services Act on behalf of [Mi’kmaw Family and Children Services of Nova Scotia/the Minister of Community Services] for [an investigative order/investigative orders ] described below respecting the [child/children] [full name(

s) and birthdate(s)] (“the [child/children]”), and/or the parent or guardian : [specify order(

s) sought, citing clause(

s) of s. 26(2) of the Act] AND in support of the application, I make oath and say that: 1. I am a representative of [Mi’kmaw Family and Children Services of Nova Scotia/the Minister of Community Services], an agency within the meaning of the Children and Family Services Act. 2. [I/Another representative] was refused [access to the [child/children]/entry to the premises located at [street address], Nova Scotia,] by [parent, guardian or other person] on , 20 , at [ a.m/p.m.]. 3.

I have reasonable and probable grounds to believe that the [ child/children] may be in need of protective services as described in s. 22(2) of the Act, clauses __________. 4. It is necessary to make the order sought to determine whether the [ child/children] [is/are] in need of protective services, for the following reasons: © NS Office of the Registrar of Regulations. Web version. 385

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Part II - Regulations Vol. 41, No. 10 Representative SWORN TO before me at in the County of and Province of Nova Scotia, on __________________, 20___. A Commissioner, etc. Province of Nova Scotia ________________________________________________________________ Form 24.03C: Application and Affidavit for Order to Locate and Detain Runaway Child Form 24.03C No. Family Court for the Province of Nova Scotia IN THE MATTER OF: The Children and Family Services Act, s. 29(1) - and ­ IN THE MATTER OF: The Application of Application and Affidavit for Order to Locate and Detain