© NS Registry of Regulations. Web version. 67

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 34, No. 2 January 15, 2010 Contents Act Reg. No.

Page Dairy Industry Act M i l k P r i c i n g R e g u l a t i o n s – a m e n d m e n t......................................... 341/2009 70 S c h e d u l e 1 – G e n e r a l R e g u l a t i o n s – a m e n d m e n t...................................347/2009 87 Emergency Department Accountability Act Proclamation of Act, S. 7, S.N.S. 2009, c. 4 .................................... 346/2009 86 Natural Products Act D e l e g a t i o n o f S e c t i o n 6 P o w e r s t o P o r k N o v a S c o t i a R e g u l a t i o n s ...................345/2009 84 D e l e g a t i o n o f S e c t i o n 9 P o w e r s t o P o r k N o v a S c o t i a R e g u l a t i o n s ...................343/2009 81 N o v a S c o t i a E g g P r o d u c e r s L e v y O r d e r – a m e n d m e n t ............................. 1 /2010 90 P o r k M a r k e t i n g P l a n ...................................................... 342/2009 72 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 340/2009 68 Prescribed Petroleum Products Prices ......................................... 348/2009 88 Prescribed Petroleum Products Prices ......................................... 2 / 2010 91 Sales Tax Act S a l e s T a x A c t R e g u l a t i o n s – a m e n d m e n t........................................ 344/2009 83 In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act.

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

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

N.S. Reg. 340/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 2 68 © NS Registry of Regulations. Web version. N.S. Reg. 340/2009 Made: December 17, 2009 Filed: December 21, 2009 Prescribed Petroleum Products Prices Order dated December 17, 2009 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act Order NSUARB-GAS-W-09-12 In the Matter of the Petroleum Products Pricing Act - 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: Roberta J. Clarke, Q.C., Member Order

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”) considered the manner in which it would proceed to set petroleum prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended December 16, 2009, are: Grade 1 Regular gasoline 50.9¢ per litre Ultra-low-sulfur diesel oil 52.7¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 50.9¢ per litre Grade 2 53.9¢ per litre Grade 3 56.9¢ per litre Ultra-low-sulfur diesel oil 52.7¢ 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: minus 0.8¢ per litre Ultra-low-sulfur diesel oil: minus 0.5¢ per litre And

whereas a winter blending adjustment of plus 4.3¢ 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., December 18, 2009. Dated at Halifax, Nova Scotia, this 17th day of December, 2009. Sgd: Elaine Wagner Clerk of the Board

N.S. Reg. 340/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 2 © NS Registry of Regulations. Web version. 69

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 December 18, 2009 Nova Scotia Petroleum Price

Schedule Petroleum Prices in Cents/Litre Self-Service Pump Prices Full-Service Pump Prices (Pump Prices includes 13% HST) Base Wholesale Price Fed. Excise Tax Prov.

Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulphur Diesel 56.4 59.4 62.4 62.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 81.9 84.9 87.9 82.2 97.1 100.5 103.8 97.4 98.8 102.2 105.5 99.1 97.1 100.5 103.8 97.4 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulphur Diesel 56.8 59.8 62.8 63.2 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 82.3 85.3 88.3 82.6 97.5 100.9 104.3 97.9 99.2 102.6 106.0 99.6 97.5 100.9 104.3 97.9 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulphur Diesel 57.3 60.3 63.3 63.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 82.8 85.8 88.8 83.1 98.1 101.5 104.9 98.4 99.8 103.2 106.6 100.1 98.1 101.5 104.9 98.4 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulphur Diesel 57.3 60.3 63.3 63.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 82.8 85.8 88.8 83.1 98.1 101.5 104.9 98.4 99.8 103.2 106.6 100.1 98.1 101.5 104.9 98.4 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulphur Diesel 57.3 60.3 63.3 63.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 82.8 85.8 88.8 83.1 98.1 101.5 104.9 98.4 99.8 103.2 106.6 100.1 98.1 101.5 104.9 98.4 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulphur Diesel 58.1 61.1 64.1 64.5 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 83.6 86.6 89.6 83.9 99.0 102.4 105.8 99.3 100.7 104.1 107.5 101.0 99.0 102.4 105.8 99.3 999.9 999.9 999.9 999.9

N.S. Reg. 341/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 2 70 © NS Registry of Regulations. Web version. N.S. Reg. 341/2009 Made: November 16, 2009 Approved: November 17, 2009 Filed: December 21, 2009 Milk Pricing Regulations Order dated November 17, 2009 made by the Dairy Farmers of Nova Scotia and approved by the Natural Products Marketing Council pursuant to clause 14(1)(

c) of the Dairy Industry Act Dairy Farmers of Nova Scotia I certify that the Dairy Farmers of Nova Scotia, pursuant to clause 14(1)(c) [of]

Chapter 24 of the Acts of 2000, the Dairy Industry Act, as delegated by clause 2(1)(

b) of the Delegation of Powers to Dairy Farmers of Nova Scotia Regulations, N.S. Reg. 136/2001, and pursuant to clause 15(1)(

g) of the Dairy Industry Act, at a meeting held on November 16, 2009, voted to amend the Milk Pricing Regulations, N.S. Reg. 84/2008, made by the Dairy Farmers of Nova Scotia on September 21, 2007, and approved by the Natural Products Marketing Council on February 12, 2008, to repeal and replace subsection 3(1) in the manner set out in

Schedule A, effective on and after February 1, 2010. Signed at Truro, Colchester County, Nova Scotia, on Dec 16/09. Dairy Farmers of Nova Scotia per: sgd. B. Cameron Brian Cameron General Manager ------------------------------------------------------------------------------------------------------ Approved by the Natural Products Marketing Council at Truro, Nova Scotia on November 17, 2009. Natural Products Marketing Council Per: sgd. E. A. Crouse Elizabeth A. Crouse General Manager

Schedule A Amendment to the Milk Pricing Regulations made by the Dairy Farmers of Nova Scotia under clauses 14(1)(

c) and 15(1)(

g) of

Chapter 24 of the Acts of 2000, the Dairy Industry Act The Milk Pricing Regulations, N.S. Reg. 84/2008, made by the Dairy Farmers of Nova Scotia on September 21, 2007, and approved by the Natural Products Marketing Council on February 12, 2008, are amended by repealing subsection 3(1) and substituting the following subsection: 3( 1 ) Except as provided in subsection (2), the prices payable by processors in Nova Scotia for milk components are as set out in the following table, and are payable on a free on board (FOB) plant basis:

N.S. Reg. 341/2009 - 342/2009 to 343/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 2 © NS Registry of Regulations. Web version. 71 Component Prices - Per Kilogram for Classes 1, 2, 3 and 4 Class of Milk $ Per Kg of Butterfat $ Per kg of Protein $ Per kg of Other Solids $ Per hl Solids-Non Fat 1(a) 7.3661 66.32 1(b) 7.3661 53.91 1(c) 85% of the Class 1(

a) or Class 1(

b) Butterfat and Solids Non-fat [component prices] 2 7.5523 5.7672 5.7672 3(a) 7.5523 13.4394 0.8441 3(b) 7.5523 12.9851 0.8441 4(a) 7.5523 5.2108 5.2108 4(b) 7.5523 5.3194 5.3194 4(c) 85% of the Class 4(

a) component prices 4(d) 7.5523 5.2108 5.2108 N.S. Reg. 342/2009 to 343/2009 Made: August 11, 2009 Approved: December 21, 2009 Filed: December 21, 2009 Pork Marketing Plan and Delegation of

Section 9 Powers to Pork Nova Scotia Regulations Order in Council 2009-523 dated December 21, 2009 Regulations and repeal of regulations made by the Natural Products Marketing Council and approved by the Governor in Council pursuant to

Section 11 of the Natural Products Act The Governor in Council on the report and recommendation of the Minister of Agriculture dated November 27, 2009, and pursuant to

Section 11 of

Chapter 308 of the Revised Statutes of Nova Scotia, 1989, the Natural Products Act, is pleased, effective on and after December 21, 2009, to: (

a) approve the repeal by the Natura l Products Marketing Council of the Pork Marketing Plan, N.S. Reg. 151/2005, approved by the Governor in Council by Order in Council 2005-317 dated July 21, 2005; (

b) approve the making by the Natural Products Mark eting Council of a new marketing plan for pork in the form set forth in

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

c) approve the making by the Natural Products Mark eting Council of separate regulations providing for the delegation, currently included in the Pork Marketing Plan, of certain of the Council’s powers to Pork Nova Scotia in the form set forth in

Schedule “B” attached to and forming part of the report and recommendation.

N.S. Reg. 342/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 2 72 © NS Registry of Regulations. Web version. N.S. Reg. 342/2009 Pork Marketing Plan

Schedule “A” Natural Products Marketing Council I certify that the Natural Products Marketing Council, at its meeting on August 11, 2009, carried a motion pursuant to clauses 11(a), (

b) and (

c) of

Chapter 308 of the Revised Statutes of Nova Scotia, 1989, the Natural Products Act (the “Act”), to (

a) repeal the Pork Marketing Plan, N.S. Reg. 151/2005, approved by the Governor in Council by Order in Council 2005-317 dated July 21, 2005; and (

b) make a new marketing plan for pork in the form attached. The repeal and replacement of the Pork Marketing Plan is effective on and after the date of approval by the Governor in Council. Signed at Truro, in Colchester [County], Nova Scotia, on September 6, 2009. Natural Products Marketing Council per: sgd. E. A. Crouse Pork Marketing Plan made by the Natural Products Marketing Council under

Section 11 of

Chapter 308 of the Revised Statutes of Nova Scotia, 1989, the Natural Products Act Citation 1 These regulations may be cited as the Pork Marketing Plan.

Definitions 2 In this Plan, “Act” means the Natural Products Act; “annual general meeting” means an annual general meeting held by the licensed producers as required by this Plan; “Commodity Board” means Pork Nova Scotia, a body corporate constituted under this Plan; “hog” means a member of the species Sus scrofa L. (domestic pig), and includes a hog carcass; “licensed producer” means a producer licensed to produce or market hogs in the regulated area; “member” means a member of the Commodity Board, unless the context otherwise requires; “own” means to have ownership of or title in; “person” includes a board, association, corporation, firm and partnership; “pork” means the flesh or meat or any part or parts of a hog;

N.S. Reg. 342/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 2 © NS Registry of Regulations. Web version. 73 “processing” means altering the nature, size, quality or condition of hogs or pork by mechanical means or otherwise, and includes the slaughtering of hogs; “processor” means any person engaged in processing; “producer” means a person who owns hogs that are bred or raised, or both, in the regulated area for commercial purposes, or that are produced or marketed in or from the regulated area, but does not include a processor or contract grower; “regulated area” means all of the Province. Purposes of Plan 3 This Plan has the following purposes: (

a) to control and regulate all aspects of the marketing of hogs in the regulated area; (

b) to stimulate, increase and improve the mark eting and production of pork and pork products in the regulated area; (

c) to provide forums for disseminating info rmation to producers about pork production and marketing. Discontinuation of Plan 4( 1 ) If at least 50% of the licensed producers sign a request to vote on discontinuing this Plan and submit the request to the Council, the Council must submit the question of continuing the Plan to a vote of the licensed producers.

(2) If a majority of licensed producers satisfactory to the Council does not vote in support of the Plan in a vote under subsection (1), the Council may recommend that the Plan be discontinued. Commodity Board Membership Commodity Board composition 5( 1 ) The Commodity Board must consist of no more than 5 members, each of whom is an individual who is (

a) a licensed producer who processes only those hogs that they own or is the appointed representative of a licensed producer that is a sole proprietorship, partnership or body corporate that processes only those hogs that it owns; (

b) resident in the regulated area; and (

c) elected, acclaimed or appointed as a member in accordance with this Plan.

(2) A licensed producer that is a sole proprietor, partnership or body corporate may not have more than 1 appointed representative serve as a member. Member’s term of office 6( 1 ) The term of office of a member is 3 years.

(2) A member takes office on the adjournment of the first annual general meeting following their election, acclamation or appointment.

N.S. Reg. 342/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 2 74 © NS Registry of Regulations. Web version. Commodity Board may remove member 7 The Commodity Board may remove from office any member who (

a) is convicted of an offence under the Act; or (

b) fails to attend 3 consecutive meetings of the Commodity Board without reasonable cause. Filling vacancy on Commodity Board 8( 1 ) If a vacancy occurs on the Commodity Board because a member dies, resigns, is removed or otherwise vacates the office, the remaining members may appoint an eligible licensed producer to fill the vacancy until the Commodity Board calls an election to fill the vacancy.

(2) An election to fill a vacancy on the Commodity Board must be held no later than the next annual election.

(3) The term of office of a person elected to fill a vacancy on the Commodity Board is the remaining balance of the term of the member who vacated the office. Commodity Board Elections Nominating candidates for election to Commodity Board 9( 1 ) Any nominations of candidates for election to the Commodity Board must be submitted to the Commodity Board on or after September 1 and no later than September 21 in each year.

(2) The Commodity Board must not accept a nomination unless the nomination is (

a) made on a form provided by the Commodity Board; and (

b) signed by the nominee indicating their acceptance of the nomination.

(3) The Commodity Board must provide each nominee with the list of nominees.

(4) A nominee may withdraw their nomination by notice in writing to the Commodity Board as soon as practicable after nominations are closed. Acclamation or appointment if number of candidates insufficient for election 10

(1) If the number of candidates for election to the Commodity Board is equal to or less than the number of vacancies on the Commodity Board, the candidates must be acclaimed as members.

(2) The Commodity Board may appoint any number of members to bring the total number of members to 5. Election required if more candidates than vacancies 11 If there are more candidates for election to the Commodity Board than there are vacancies, an election must be held. Election officials 12

(1) The Commodity Board must appoint a returning officer and a deputy returning officer and any other person that it considers necessary for the conduct of an election.

(2) A member is not eligible to be appointed as a returning officer or deputy returning officer.

N.S. Reg. 342/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 2 © NS Registry of Regulations. Web version. 75 Distributing ballots 13

(1) For each election, the Commodity Board must mail or cause to be delivered 1 ballot to each licensed producer.

(2) A ballot must be in (

a) an envelope identified only by the words “Ballot Envelope”; and (

b) a mailing envelope addressed to the returning officer appointed for the election.

(3) Any ballots being mailed to licensed producers must be postmarked no later than October 10 in the election year. Casting a vote 14

(1) A voter must cast only 1 ballot in an election of members.

(2) To cast a vote, a voter must (

a) mark on the ballot in the box opposite the name of each candidate for whom the voter wishes to vote; (

b) seal the marked ballot within the ballot envelope; (

c) seal the ballot envelope in the mailing envelope; (

d) enter the voter’s farm name, if any, and licence number on the mailing envelope in the spaces provided; and (

e) mail the mailing envelope or cause it to be delivered to the returning officer so that (

i) if mailed, it is postmarked no later th an October 21 in the election year, or (ii) if delivered other than by mail, it is c onsigned for delivery no later than October 21 in the election year.

(3) The returning officer must not accept a mailing envelope unless the requirements of subsection (2) are met.

(4) On accepting a mailing envelope, the returning officer must (

a) remove the ballot envelope from the mailing e nvelope and deposit it in a sealed ballot box; and (

b) immediately destroy the mailing envelope bearing the identity of the voter. Counting ballots 15

(1) The returning officer must count the ballots no later than November 5 of the election year or, if November 5 is a Sunday, then November 6.

(2) The returning officer must (

a) count the ballots in the presence of at least 2 persons eligible to vote in the election;

N.S. Reg. 342/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 2 76 © NS Registry of Regulations. Web version. (

b) permit each candidate to be represented at the counting of the ballots by a scrutineer designated by the candidate; (

c) reject and keep separate each ballot or ballot envelope (

i) that is not marked, sealed and delivered in accordance with subsection 13(2), (ii) that contains votes for more than the number of vacancies on the Commodity Board, (iii) on which there is any writing or mark by which the voter may be identified, or (iv) that has been submitted by the voter so that the voter can be identified; (

d) prepare and deliver to the Commodity Board, on a form provided by the Commodity Board, a record of (

i) the number of ballots cast, (ii) the number of votes given and allowed for each candidate, and (iii) the number of rejected ballots; (

e) retain all of the ballots, including any rejected ballots, in safe custody for any period that the Commodity Board directs. Declaring winners 16 After an election is conducted, the Commodity Board must declare elected the candidates who obtained the largest number of votes and must notify all candidates of the results of the election. Candidate may request recount 17

(1) Any candidate in an election may request a recount of the ballots by notice in writing to the Commodity Board delivered or mailed so that it is received no later than 7 days after the date the notice of the election results is given under

Section 15.

(2) On receipt of a request for a recount under [subsection] (1), the Commodity Board must cause the returning officer to conduct a recount of the ballots and each candidate may designate a scrutineer for the purpose of the recount.

(3) The election of a candidate on the basis of a recount is final. Procedure when election outcome undetermined 18 If, because of a tie vote or other cause, the election of a member is not determined on the counting or recounting of the ballots, the Commodity Board must declare the election void and conduct a further election no later than 10 days after the date the election is declared void. Agent may conduct election 19 The Commodity Board may appoint an agent to conduct all or a part of an election in accordance with this Plan.

N.S. Reg. 342/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 2 © NS Registry of Regulations. Web version. 77 Commodity Board Executive Executive of Commodity Board 20

(1) The Commodity Board must hold a meeting no later than 6 weeks after the date of each annual general meeting and at that meeting must elect from its members an executive consisting of (

a) a chair; (

b) a vice-chair; (

c) a representative to the Canadian Pork Council; and (

d) any additional representatives and officers as needed.

(2) If no member is willing and able to serve as the Commodity Board’s representative to the Canadian Pork Council, the Commodity Board may appoint a licensed producer who is not a member to be the representative.

(3) A non-member licensed producer appointed as representative to the Canadian Pork Council may attend but is not entitled to vote at meetings of the Commodity Board. Executive manager of Commodity Board 21

(1) The Commodity Board is responsible for hiring an executive manager.

(2) The executive manager may be appointed or elected by the members of the Commodity Board to serve as secretary, treasurer or secretary treasurer of the Commodity Board.

(3) If appointed as an officer of the Commodity Board, the executive manager may attend but is not entitled to vote at meetings of the Commodity Board. Duties of Commodity Board chair 22

(1) The chair of the Commodity Board must preside over all meetings of the Commodity Board, annual general meetings, special meetings of licensed producers and meetings of the Commodity Board executive.

(2) The chair is an ex officio member of all standing and special committees.

(3) The chair must perform all duties that usually pertain to the office of chair.

(4) The chair must represent the Commodity Board in all of its regular transactions, except those for which another person has been elected. Duties of Commodity Board vice-chair 23

(1) In the absence of the chair, the vice-chair of the Commodity Board must preside at all meetings of the Commodity Board, annual general meetings, special meetings of licensed producers and meetings of the Commodity Board executive.

(2) The vice-chair must perform all duties that usually pertain to the office of vice-chair or that are assigned by the chair or the executive.

N.S. Reg. 342/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 2 78 © NS Registry of Regulations. Web version. Commodity Board Operating Procedures Calling Commodity Board meetings 24

(1) The Commodity Board must meet at least quarterly and otherwise as the business of the Commodity Board requires or as required by this Plan.

(2) A meeting of the Commodity Board (

a) may be called by the secretary, the executive manager, the chair or any 3 members of the Commodity Board; or (

b) may be held without notice at the close of an annual general meeting. Notice of Commodity Board meetings 25

(1) Notice to members of a Commodity Board meeting called (

a) by the chair, secretary or executive manager must be given at least 3 days before the date of the meeting; (

b) by 3 members of the Commodity Board must be given at least 7 days before the date of the meeting.

(2) Notice of a Commodity Board Meeting must be given in writing and must specify the time and place of the meeting, and by whom it is called. If Chair absent from Commodity Board meeting 26 If the chair is absent from a meeting of the Commodity Board, the vice-chair must act as chair of the meeting, and if neither the chair nor the vice-chair is present at a meeting, the members present must elect a chair for the meeting. Voting at Commodity Board meetings 27

(1) Each member, including the chair, is entitled to 1 vote at meetings of the Commodity Board.

(2) If there is a tied vote, the chair does not have a second vote and the motion is considered to have been defeated. Quorum at Commodity Board meeting 28 Four members of the Commodity Board constitute a quorum at a meeting of the Commodity Board. Body corporate activity 29 The Commodity Board may do any acts and things that are incidental to, conducive to, or consequential to the operations of the Commodity Board as a body corporate.

Irregularity does not invalidate Commodity Board action 30 Despite an irregularity in the appointment, election or qualification of a member, every act of the Commodity Board is as valid as if the member were duly appointed, elected or qualified. Commodity Board fiscal year, audit and reports 31

(1) Unless otherwise decided by the Commodity Board, the fiscal year of the Commodity Board is from January 1 to December 31 in each year, inclusive of both dates.

N.S. Reg. 342/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 2 © NS Registry of Regulations. Web version. 79

(2) The Commodity Board must keep proper books of account, which must be audited at the end of each fiscal year by an auditor nominated by the licensed producers at the annual general meeting and approved by the Council.

(3) No later than 3 months after the end of each fiscal year, the Commodity Board must send all of the following to the Council: (

a) the financial report from the Commodity Board executive; (

b) a copy of the audited financial statements, consisting of the balance sheet and statement of income and expenditures for the fiscal year; (

c) the auditor’s report; (

d) the annual report of the Commodity Board detailing its operations for that fiscal year.

(4) The Commodity Board must present all of the items listed in subsection (3) at the annual general meeting following the end of each fiscal year. Copies of orders, directions and determinations 32

(1) A copy of every order, direction and determination of the Commodity Board and a copy of the minutes of every meeting of the Commodity Board must be sent to the Council.

(2) On request, the Commodity Board must make a copy of any order, direction or determination available to a licensed producer who is in good standing on the records of the Commodity Board. Commodity Board regulations must be presented to licensed producers 33 Any regulations or changes to regulations made by the Commodity Board under authority delegated to it by the Council under subsection 6(2) or clause 11(

d) of the Act must be presented for information and discussion purposes at a special meeting of licensed producers or at the annual general meeting, either before or after the regulations or changes to regulations are made by the Commodity Board, but before they are approved by the Council. Licensed Producers’ Meetings Calling meetings of licensed producers 34

(1) No later than 4 months after the end of the Commodity Board’s fiscal year, the licensed producers must hold an annual general meeting at the time and place prescribed by the Commodity Board.

(2) The Commodity Board must call a special meeting of licensed producers if it receives a written request for a special meeting from at least 50% of the licensed producers stating the purpose of the request.

(3) A special meeting of licensed producers must be held at a place in the regulated area that the Commodity Board considers appropriate and on a date that is no later than 60 days after the date on which the request for the special meeting was received.

(4) The Commodity Board may call any other meetings or special meetings of licensed producers as the Commodity Board considers appropriate. Quorum at meetings of licensed producers 35 Twenty percent plus 4 of the licensed producers in good standing in any given year constitutes a quorum at any annual general meeting or special meeting of the licensed producers.

N.S. Reg. 342/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 2 80 © NS Registry of Regulations. Web version. Notice of meetings of licensed producers 36 Notice of an annual general meeting or a special meeting of the licensed producers must be given to licensed producers at least 10 days before the date of the meeting. Voting at meetings of licensed producers 37 A licensed producer has 1 vote at any meeting of licensed producers, and the vote may be assigned in writing to a proxy. Mandatory business at annual general meeting 38 In addition to any other business, all of the following must be presented and dealt with by licensed producers at an annual general meeting: (

a) the annual report of the Commodity Board; (

b) the financial report from the Commodity Bo ard executive, including the audited financial statements of the Commodity Board and the auditor’s report; (

c) nominating auditors. Transitional Provisions Members of previous Commodity Board hold office until 2009 election 39

(1) In this Section, “previous Commodity Board” means the Commodity Board constituted under the Pork Marketing Plan, N.S. Reg. 151/2005, made by the Governor in Council by Order in Council 2005-317 dated July 21, 2005.

(2) The members of the previous Commodity Board are hereby named as members of the Commodity Board, to hold office until the new members assume office in the fall of 2009 after being elected, acclaimed or appointed in accordance with this Section. Staggered terms for members taking office in 2009 40 Despite

Section 6, the terms of office for members assuming office in 2009 are staggered as follows: (

a) the terms of 2 of the members expire in 2012; (

b) the terms of 2 of the members expire in 2011; and (

c) the term of 1 of the members expires in 2010. Procedure for 2009 election 41

(1) The 2009 election must be held in accordance with this Plan, but with all of the following modifications and any additional modifications that the Commodity Board considers necessary: (

a) if the number of candidates is 5 or less, the ballots used in the election must list (

i) any candidates who are elected by acclamation under subsection 10(1), and (ii) any candidates who are appointed by the Commodity Board under subsection 10(2); (

b) each voter must vote by writing (i) “3" beside the name of each of the 2 candidates whom the voter wishes to serve for a term of 3 years,

N.S. Reg. 342/2009 - 343/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 2 © NS Registry of Regulations. Web version. 81 (ii) “2” beside the name of each of the 2 ca ndidates whom the voter wishes to serve for a term of 2 years, and (iii) “1” beside the name of each candidate whom the voter wises [wishes] to serve for a term of 1 year; (

c) a ballot that is not completed in accordance with clause (

b) must be rejected and kept separate with other ballots rejected under [clause] 15(2)(c); (

d) a score for each candidate must be calculated by totaling the numbers beside the name of the candidate on all of the ballots; (

e) each candidate must be designated in accord ance with the score calculated under clause (

d) so that the candidate receiving the highest score is designated as Member 1, the candidate receiving the 2nd-highest score is designated as Member 2, the candidate with the 3rd-highest score is designated as Member 3, and so on until all positions have been designated.

(2) The terms of office for Members 1 through 5 as designated under clause (1)(

e) are as set out in the following table: Member Designation Year Term Expires 1 2012 2 2012 3 2011 4 2011 5 2010

(3) In the event of a tie score, the longest term of office must be determined by random draw. N.S. Reg. 343/2009 Delegation of

Section 9 Powers to Pork Nova Scotia Regulations

Schedule “B” Natural Products Marketing Council I certify that the Natural Products Marketing Council, at its meeting on August 11, 2009, carried a motion pursuant to clause 11(

d) of

Chapter 308 of the Revised Statutes of Nova Scotia, 1989, the Natural Products Act, to delegate to Pork Nova Scotia certain of the Council’s powers under subsection 9(1) of the Act to make regulations, as set forth in the attached. This delegation is effective on and after its approval by the Governor in Council. Signed at Truro, in Colchester [County], Nova Scotia, on Sept 6, 2009. Natural Products Marketing Council per: sgd.: E. A. Crouse

N.S. Reg. 343/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 2 82 © NS Registry of Regulations. Web version. Delegation of

Section 9 Powers to Pork Nova Scotia made by the Natural Products Marketing Council under clause 11(

d) of

Chapter 308 of the Revised Statues [Statutes] of Nova Scotia, the Natural Products Act Citation 1 These regulations may be cited as the Delegation of

Section 9 Powers to Pork Nova Scotia Regulations.

Definitions 2 In these regulations, “Act” means the Natural Products Act; “Plan” means the Pork Marketing Plan made by the Council under the Act; “regulations” means the regulations made by Pork Nova Scotia under the authority delegated by these regulations and by the Delegation of

Section 6 Powers to Pork Nova Scotia Regulations made under the Act. Regulation-making powers delegated under clause 11(

d) of the Act 3 The Council delegates to the Commodity Board the Council’s power under subsection 9(1) of the Act to make regulations (

a) prescribing the manner in which all hogs produced in the regulated area must be marketed (clause 9(1)(

a) of the Act); (

b) designating an agency or agencies through whic h hogs produced in the regulated area must be marketed (clause 9(1)(

a) of the Act); (

c) providing for the licensing of persons to permit them to produce or market hogs or pork (clause 9(1)(

b) of the Act); (

d) providing for (

i) the production or marketing of hogs on a quot a basis (subclause 9(1)(c)(

i) of the Act), (ii) the fixing and allotting to persons of quotas for producing or marketing hogs on any basis that the Commodity Board considers proper (subclause 9(1)(c)(ii) of the Act), (iii) the refusal to fix and allot to any pe rson a quota for producing or marketing hogs for reasons that the Commodity Board considers proper (subclause 9(1)(c)(iii) of the Act), (iv) the transfer of quota among producers and the terms and conditions under which transfers may take place (subclause 9(1)(c)(iv) of the Act), and (

v) the cancellation or reduction of, or the refu sal to increase, a quota fixed or allotted to a person for producing or marketing hogs for reasons that the Commodity Board considers proper (subclause 9(1)(c)(

v) of the Act); (

e) prohibiting (

i) a person to whom a quota has not been fixed and allotted for the production or marketing of hogs from producing or marketing hogs (subclause (9)(1)(d)(

i) of the Act),

N.S. Reg. 343/2009 - 344/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 2 © NS Registry of Regulations. Web version. 83 (ii) a person to whom a quota has been fixed and allotted for the production or marketing of hogs from producing or marketing hogs in excess of the quota (subclause (9)(1)(d)(

i) of the Act); (

f) providing the form of licences and the terms and conditions upon which licences may be issued, renewed, suspended or revoked (clause 9(1)(

e) of the Act); (

g) requiring persons who produce or market hogs or pork to furnish any information relating to the production or marketing of hogs or pork, including completing and filing returns, that the Commodity Board determines (clause 9(1)(

f) of the Act); (

h) fixing and determining licence fees, levies and charges to be paid by producers and processors in relation to the administration of this Plan and the regulations (clause 9(1)(hb) of the Act. Commodity Board regulations require Council approval 4 Any regulations or changes to regulations made by the Commodity Board under the regulation-making powers delegated by these regulations must be approved by the Council. N.S. Reg. 344/2009 Made: December 21, 2009 Filed: December 21, 2009 Sales Tax Act Regulations Order in Council 2009-526 dated December 21, 2009 Amendment to regulations made by the Governor in Council pursuant to

Section 13 of the Sales Tax Act The Governor in Council on the report and recommendation of the Minister of Finance dated December 10, 2009, and pursuant to

Section 13 of

Chapter 31 of the Acts of 1996, the Sales Tax Act, is pleased to amend the Sales Tax Act Regulations, N.S. Reg. 33/97, made by the Governor in Council by Order in Council 97-208 dated April 1, 1997, to include demand side management charges in the definition of electricity costs for the purposes of the household energy rebate program, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after January 1, 2010.

Schedule “A” Amendment to the Sales Tax Act Regulations made by the Governor in Council pursuant to subsection 13(1) of

Chapter 31 of the Acts of 1996, the Sales Tax Act Clause 14(

g) of the Sales Tax Act Regulations, N.S. Reg. 33/97, made by the Governor in Council by Order in Council 97-208 dated April 1, 1997, is amended by adding “, demand side management charge” immediately following “base charge”.

N.S. Reg. 345/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 2 84 © NS Registry of Regulations. Web version. N.S. Reg. 345/2009 Made: August 11, 2009 Filed: December 22, 2009 Delegation of

Section 6 Powers to Pork Nova Scotia Regulations Order dated August 11, 2009 made by the Natural Products Marketing Council pursuant to subsection 6(2) of the Natural Products Act Natural Products Marketing Council I certify that the Natural Products Marketing Council, at its meeting on August 11, 2009, carried a motion pursuant to subsection 6(2) of

Chapter 308 of the Revised Statutes of Nova Scotia, 1989, the Natural Products Act, to (

a) repeal the Delegation of Powers to Pork Nova Scotia Regulations, N.S. Reg. 56/2006, made by the Natural Products Marketing Council on April 10, 2006; and (

b) make new regulations delegating certain of the Council’s powers under subsection 6(1) of the Act to Pork Nova Scotia, as set forth in

Schedule A, effective on and after September 15, 2009. Signed at Truro, in Colchester [County], Nova Scotia, on September 8, 2009. Natural Products Marketing Council per: sgd.: E. A. Crouse

Schedule “A” Delegation of

Section 6 Powers to Pork Nova Scotia made by the Natural Products Marketing Council under subsection 6(2) of

Chapter 308 of the Revised Statues [Statutes] of Nova Scotia, the Natural Products Act Citation 1 These regulations may be cited as the Delegation of

Section 6 Powers to Pork Nova Scotia Regulations.

Definitions 2 In these regulations, “Act” means the Natural Products Act; “Plan” means the Pork Marketing Plan made by the Council under the Act; “regulations” means the regulations made by Pork Nova Scotia under the authority delegated by these regulations and by the Delegation of

Section 9 Powers to Pork Nova Scotia Regulations made under the Act.

N.S. Reg. 345/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 2 © NS Registry of Regulations. Web version. 85 Powers delegated to Commodity Board by Council under subsection 6(2) of Act 3 Under subsection 6(2) of the Act, the Council delegates to the Commodity Board all of the following powers: (

a) to do such acts, make such orders and regula tions and issue such directions as are necessary to enforce the Act, the Plan and the regulations (clause 6(1)(

c) of the Act); (

b) to borrow money for the purpose of carrying out any provision of the Plan (clause 6(1)(

e) of the Act); (

c) to determine the price or prices at which hogs or a class or grade of pork or hog may be bought or sold in the regulated area (clause 6(1)(

g) of the Act); (

d) to exempt from the Plan or the regulations a person or class of persons engaged in the production or marketing of hogs, or the production or marketing of a class, variety or grade of pork or hog (clause 6(1)(

h) of the Act); (

e) to require persons engaged in the production or marketing of hogs or pork to register their names, addresses and occupations with the Commodity Board (clause 6(1)(

i) of the Act); (

f) to inspect the books and premises of persons engaged in the marketing of hogs, if the inspection takes place during normal business hours (clause 6(1)(

i) of the Act); (

g) to require, by order, persons designated by it, who are engaged in marketing or producing hogs or any persons who are members of a class of persons designated by it and who are so engaged, to deduct from any amount payable by them to any other person engaged in the production or marketing of hogs any amount payable to the Commodity Board by such other persons by way of licence fees, levies or charges provided for in a plan that the Commodity Board is authorized to implement and to remit all amounts deducted to the Commodity Board (clause 6(1)(

j) of the Act); (

h) to co-operate and act conjointly with a marketing board, commodity board, marketing commission or marketing agency of Canada or a province in Canada established for the purpose of marketing hogs (clause 6(1)(

l) of the Act); (

i) to co-operate and act conjointly with othe r marketing boards, agencies, organizations or corporations in the province of Nova Scotia for the purpose of sharing information or resources (clause 6(1)(

l) of the Act); (

j) to prohibit any person or pers ons from engaging in the marketing or processing of hogs except under the authority of a license issued by the Commodity Board (clause 6(1)(

m) of the Act); (

k) to prohibit a person from processing hogs that have not been sold by or through the Commodity Board (clause 6(1)(

m) of the Act). Commodity Board regulations require Council approval 4 Any regulations or changes to regulations made by the Commodity Board under the authority delegated by these regulations must be approved by the Council.

N.S. Reg. 346/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 2 86 © NS Registry of Regulations. Web version. N.S. Reg. 346/2009 Made: December 21, 2009 Filed: December 22, 2009 Proclamation, S. 7, S.N.S. 2009, c. 4 Order in Council 2009-530 dated December 21, 2009 Proclamation made by the Governor in Council pursuant to

Section 7 of the Emergency Department Accountability Act The Governor in Council on the report and recommendation of the Minister of Health dated November 23, 2009, and pursuant to

Section 7 of

Chapter 4 of the Acts of 2009, the Emergency Department Accountability Act, is pleased to order and declare by proclamation that

Chapter 4 of the Acts of 2009, the Emergency Department Accountability Act, do come into force on and not before January 1, 2010. PROVINCE OF NOVA SCOTIA sgd: Mayann E. Francis G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 7 of

Chapter 4 of the Acts of 2009, the Emergency Department Accountability Act, it is enacted as follows: 7 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 4 of the Acts of 2009, the Emergency Department Accountability Act, do come into force on and not before January 1, 2010; 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 4 of the Acts of 2009, the Emergency Department Accountability Act, do come into force on and not before January 1, 2010, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia.

N.S. Reg. 346/2009 - 347/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 2 © NS Registry of Regulations. Web version. 87 AT Our Government House in the Halifax Regional Municipality, this 21st day of December in the year of Our Lord two thousand and nine and in the fifty-eighth year of Our Reign. BY COMMAND: sgd: Ramona Jennex, Acting Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 347/2009 Made: December 10, 2009 Filed: December 22, 2009

Schedule 1–General Regulations Order dated December 10, 2009 Amendment to regulations made by the Natural Products Marketing Council pursuant to clause 9(c)(ii) of the Dairy Industry Act I certify that the Natural Products Marketing Council, at its meeting on December 10, 2009, carried a motion to amend

Schedule 1–General Regulations made on August 11, 1989, and amended on February 10, 2004, under the Dairy Industry Act in the manner set out in the form attached to this certificate as

Schedule “A”. This amendment referred to in this certificate is effective on and after December 17, 2009. Signed at Truro, in the County of Colchester, Nova Scotia, on December 17, 2009. sgd.: E. A. Crouse Elizabeth A. Crouse General Manager

Schedule “A” [Amendment to]

Schedule 1–General Regulations made under Sections 9, 11, 14 and 15 of the Dairy Industry Act S.N.S. 2000, c. 24 N.S. Reg. 198/89 (August 11, 1989) as amended up to N.S. Reg. 18/2004 (February 10, 2004) 1 Under clause 22(1)(a), add new subclause: (vi) glass

N.S. Reg. 348/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 2 88 © NS Registry of Regulations. Web version. N.S. Reg. 348/2009 Made: December 24, 2009 Filed: December 30, 2009 Prescribed Petroleum Products Prices Order dated December 24, 2009 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act Order NSUARB-GAS-W-09-13 In the Matter of the Petroleum Products Pricing Act - 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: Roland A. Deveau, LL.B, Member Order

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”) considered the manner in which it would proceed to set petroleum prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended December 23, 2009, are: Grade 1 Regular gasoline 52.7¢ per litre Ultra-low-sulfur diesel oil 54.1¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 52.7¢ per litre Grade 2 55.7¢ per litre Grade 3 58.7¢ per litre Ultra-low-sulfur diesel oil 54.1¢ 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: 0.0¢ per litre Ultra-low-sulfur diesel oil: 0.0¢ per litre And

whereas a winter blending adjustment of plus 4.5¢ 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., December 25, 2009. Dated at Halifax, Nova Scotia, this 24th day of December, 2009. Sgd: Nancy McNeil Clerk of the Board

N.S. Reg. 348/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 2 © NS Registry of Regulations. Web version. 89

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 December 25, 2009 Nova Scotia Petroleum Price

Schedule Petroleum Prices in Cents/Litre Self-Service Pump Prices Full-Service Pump Prices (Pump Prices includes 13% HST) Base Wholesale Price Fed. Excise Tax Prov.

Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulphur Diesel 59.0 62.0 65.0 64.9 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 84.5 87.5 90.5 84.3 100.0 103.4 106.8 99.8 101.7 105.1 108.5 101.5 100.0 103.4 106.8 99.8 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulphur Diesel 59.4 62.4 65.4 65.3 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 84.9 87.9 90.9 84.7 100.5 103.8 107.2 100.2 102.2 105.5 108.9 101.9 100.5 103.8 107.2 100.2 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulphur Diesel 59.9 62.9 65.9 65.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 85.4 88.4 91.4 85.2 101.0 104.4 107.8 100.8 102.7 106.1 109.5 102.5 101.0 104.4 107.8 100.8 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulphur Diesel 59.9 62.9 65.9 65.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 85.4 88.4 91.4 85.2 101.0 104.4 107.8 100.8 102.7 106.1 109.5 102.5 101.0 104.4 107.8 100.8 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulphur Diesel 59.9 62.9 65.9 65.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 85.4 88.4 91.4 85.2 101.0 104.4 107.8 100.8 102.7 106.1 109.5 102.5 101.0 104.4 107.8 100.8 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulphur Diesel 60.7 63.7 66.7 66.6 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 86.2 89.2 92.2 86.0 101.9 105.3 108.7 101.7 103.6 107.0 110.4 103.4 101.9 105.3 108.7 101.7 999.9 999.9 999.9 999.9

N.S. Reg. 1/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 2 90 © NS Registry of Regulations. Web version. N.S. Reg. 1/2010 Made: December 2, 2009 Approved: December 10, 2009 Filed: January 4, 2010 Nova Scotia Egg Producers Levy Order Order dated December 10, 2009 Amendment to regulations made by the Natural Products Marketing Council pursuant to

Section 11 of the Natural Products Act Nova Scotia Egg Producers I certify that the Nova Scotia Egg Producers at their Board meeting on December 2, 2009, pursuant to subsection 6(

g) of the Nova Scotia Egg Producers’ Marketing Plan, carried a motion amending the [Nova Scotia] Egg Producers Levy Order in the manner set forth in the attached

Schedule “A” effective on December 27, 2009. Dated and signed at Truro, Nova Scotia, on December 22, 2009. Sgd.: Patti Wyllie Patti Wyllie Manager ------------------------------------------------------------------------------------------------------ I certify that the Natural Products Marketing Council at its meeting of December 10, 2009, at Truro, Nova Scotia, approved the request of the Nova Scotia Egg Producers for the change of levy reflected in

Schedule “A” attached. Dated and signed at Truro, Nova Scotia, on December 22, 2009. Sgd.: E. A. Crouse Elizabeth Crouse General Manager Natural Products Marketing Council

Schedule “A” Amendment to the Nova Scotia Egg Producers Levy Order made under

Section 11 of the Natural Products Act and subsection 6(

g) of the Nova Scotia Egg Producers’ Marketing Plan 1 Subsection 3(1) of the Nova Scotia Egg Producers’ Levy Order is amended by striking out “$0.2475” and substituting “$0.3500”.

N.S. Reg. 2/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 2 © NS Registry of Regulations. Web version. 91 N.S. Reg. 2/2010 Made: December 31, 2009 Filed: January 5, 2010 Prescribed Petroleum Products Prices Order dated December 31, 2009 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act Order NSUARB-GAS-W-10-01 In the Matter of the Petroleum Products Pricing Act - 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 Order

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”) considered the manner in which it would proceed to set petroleum prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended December 30, 2009, are: Grade 1 Regular gasoline 55.8¢ per litre Ultra-low-sulfur diesel oil 57.3¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 55.8¢ per litre Grade 2 58.8¢ per litre Grade 3 61.8¢ per litre Ultra-low-sulfur diesel oil 57.3¢ 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 1.2¢ per litre And

whereas a winter blending adjustment of plus 4.1¢ 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., January 1, 2010. Dated at Halifax, Nova Scotia, this 31st day of December, 2009. Sgd: Elaine Wagner Clerk of the Board

N.S. Reg. 2/2010 Royal Gazette

Part II - Regulations Vol. 34, No. 2 92 © NS Registry of Regulations. Web version.

Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on January 1, 2010 Nova Scotia Petroleum Price

Schedule Petroleum Prices in Cents/Litre Self-Service Pump Prices Full-Service Pump Prices (Pump Prices includes 13% HST) Base Wholesale Price Fed. Excise Tax Prov.

Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulphur Diesel 63.0 66.0 69.0 68.9 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 88.5 91.5 94.5 88.3 104.5 107.9 111.3 104.3 106.2 109.6 113.0 106.0 104.5 107.9 111.3 104.3 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulphur Diesel 63.4 66.4 69.4 69.3 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 88.9 91.9 94.9 88.7 105.0 108.4 111.8 104.8 106.7 110.1 113.5 106.4 105.0 108.4 111.8 104.8 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulphur Diesel 63.9 66.9 69.9 69.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 89.4 92.4 95.4 89.2 105.5 108.9 112.3 105.3 107.2 110.6 114.0 107.0 105.5 108.9 112.3 105.3 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulphur Diesel 63.9 66.9 69.9 69.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 89.4 92.4 95.4 89.2 105.5 108.9 112.3 105.3 107.2 110.6 114.0 107.0 105.5 108.9 112.3 105.3 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulphur Diesel 63.9 66.9 69.9 69.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 89.4 92.4 95.4 89.2 105.5 108.9 112.3 105.3 107.2 110.6 114.0 107.0 105.5 108.9 112.3 105.3 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulphur Diesel 64.7 67.7 70.7 70.6 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 90.2 93.2 96.2 90.0 106.4 109.8 113.2 106.2 108.1 111.5 114.9 107.9 106.4 109.8 113.2 106.2 999.9 999.9 999.9 999.9