Petroleum Products Prices (N.S. Reg. 32/2016) (just regulations rg2 2016 RG2 2016 03 18)

N.S. Reg. 32/2016

Nova Scotia — Gazette

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 40, No. 6 March 18, 2016 Contents Act Reg. No.

Page Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act Proclamation of amendments to Act, S. 38, S.N.S. 2014, c. 43–S. 2-4, 6-10, 12, 13, 16, 17(d)-(f), 19, 22-30 and 33-37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33/2016 322 Proclamation of amendments to Act, S. 11, S.N.S. 2015, c. 36–S. 4, 5 and 10.. . . . . . . . . . 38/2016 348 Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34/2016 323 Canada-Nova Scotia Offshore Petroleum Cost Recovery Regulations. . . . . . . . . . . . . . . . . 36/2016 339 Canada-Nova Scotia Offshore Petroleum Financial Requirements Regulations (replaces the Nova Scotia Offshore Area Oil and Gas Spills and Debris Liability Regulations). . . 35/2016 337 Crop and Livestock Insurance Act Crop Insurance Plan for Weather–amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37/2016 346 Insurance Act Matters Considered in Automobile Insurance Rates and Risk-Classification Systems Regulations–amendment.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39/2016 349 Petroleum Products Pricing Act Prescribed Petroleum Products Prices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32/2016 320 Prescribed Petroleum Products Prices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41/2016 351 Public Highways Act Spring Weight Restrictions Regulations–amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40/2016 350 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. 319 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 32/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 6 N.S. Reg. 32/2016 Made: February 25, 2016 Filed: February 26, 2016 Petroleum Products Prices Order dated February 25, 2016 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 M07324 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: Kulvinder S. Dhillon, 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 retail margin and transportation allowance effective January 6, 2012, in its decision, 2011 NSUARB 181, issued on November 23, 2011; 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 average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended February 24, 2016, are: Grade 1 Regular gasoline 36.4¢ per litre Ultra-low-sulfur diesel oil 37.4¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 36.4¢ per litre Grade 2 39.4¢ per litre Grade 3 42.4¢ per litre Ultra-low-sulfur diesel oil 37.4¢ 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 0.7¢ per litre Ultra-low-sulfur diesel oil: nil And

whereas a winter blending adjustment of plus 6.1¢ 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., February 26, 2016. 320 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 40, No. 6 Dated at Halifax, Nova Scotia, this 25th day of February, 2016. 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 February 26, 2016 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 Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 42.9 45.9 48.9 50.6 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 68.4 71.4 74.4 70.0 84.2 87.6 91.1 86.0 86.2 89.7 93.2 88.1 84.2 87.6 91.1 86.0 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 43.4 46.4 49.4 51.1 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 68.9 71.9 74.9 70.5 84.8 88.2 91.7 86.6 86.8 90.3 93.7 88.7 84.8 88.2 91.7 86.6 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 43.8 46.8 49.8 51.5 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 69.3 72.3 75.3 70.9 85.2 88.7 92.1 87.1 87.3 90.7 94.2 89.1 85.2 88.7 92.1 87.1 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 43.9 46.9 49.9 51.6 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 69.4 72.4 75.4 71.0 85.3 88.8 92.2 87.2 87.4 90.8 94.3 89.2 85.3 88.8 92.2 87.2 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 43.9 46.9 49.9 51.6 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 69.4 72.4 75.4 71.0 85.3 88.8 92.2 87.2 87.4 90.8 94.3 89.2 85.3 88.8 92.2 87.2 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 44.6 47.6 50.6 52.3 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 70.1 73.1 76.1 71.7 86.1 89.6 93.0 88.0 88.2 91.7 95.1 90.0 86.1 89.6 93.0 88.0 999.9 999.9 999.9 999.9 321 © NS Office of the Registrar of Regulations.

Web version.

N.S. Reg. 33/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 6 N.S. Reg. 33/2016 Made: February 26, 2016 Filed: February 26, 2016 Proclamation, S. 38, S.N.S. 2014, c. 43 Order in Council 2016-46 dated February 26, 2016 Proclamation made by the Governor in Council pursuant to

Section 38 of

An Act to Amend

Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act The Governor in Council on the report and recommendation of the Minister of Energy dated January 29, 2016, and pursuant to

Section 38 of

Chapter 43 of the Acts of 2014,

An Act to Amend

Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act , and subsection 3(7) of

Chapter 235 of the Revised Statutes, 1989, the

Interpretation Act, is pleased to order and declare by proclamation that Sections 2 to 4, 6 to 10, 12, 13, 16, clauses (

d) to (

f) of

Section 17 and Sections 19, 22 to 30 and 33 to 37 of

Chapter 43 of the Acts of 2014,

An Act to Amend

Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act , do come into force on and not before February 26, 2016. 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 38 of

Chapter 43 of the Acts of 2014,

An Act to Amend

Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act , it is enacted as follows: 38 This Act, except

Section 11, clause 17(1)(

c) and

Section 31, comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that Sections 2 to 4, 6 to 10, 12, 13, 16, clauses (

d) to (

f) of

Section 17 and Sections 19, 22 to 30 and 33 to 37 of

Chapter 43 of the Acts of 2014,

An Act to Amend

Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act, do come into force on and not before February 26, 2016; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that Sections 2 to 4, 6 to 10, 12, 13, 16, clauses (

d) to (

f) of

Section 17 and Sections 19, 22 to 30 and 33 to 37 of

Chapter 43 of the Acts of 2014,

An Act to Amend

Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act , do come into force on and not before February 26, 2016, of which all persons concerned are to take notice and govern themselves accordingly. 322 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 33/2016 - 34/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 6 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 26th day of February in the year of Our Lord two thousand and sixteen and in the sixty- fifth year of Our Reign. BY COMMAND: sgd: Diana Whalen Provincial Secretary Attorney General and Minister of Justice N.S.

Reg. 34/2016 Made: February 26, 2016 Filed: February 26, 2016 Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations Order in Council 2016-47 dated February 26, 2016 Regulations made by the Governor in Council pursuant to

Section 199B of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act The Governor in Council on the report and recommendation of the Minister of Energy dated January 29, 2016, and pursuant to

Section 199B of

Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act , is pleased to make regulations respecting administrative monetary penalties, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after February 26, 2016.

Schedule “A” Regulations Respecting Administrative Monetary Penalties made by the Governor in Council under

Section 199B of

Chapter 2 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act Citation 1 These regulations may be cited as the Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations.

Definitions 2 In these regulations, “Act” means the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act. 323 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 40, No. 6 Designated provisions 3

(1) The contravention of a provision of

Part III of the Act or of a regulation made under that Part that is set out in Column 1 of a Part of

Schedule 1 is designated as a violation that may be proceeded with in accordance with Sections 199B to 199V of the Act.

(2) The contravention of a direction, requirement, decision or order made under

Part III of the Act is designated as a violation that may be proceeded with in accordance with Sections 199B to 199V of the Act.

(3) The contravention of a term or condition of an operating licence or authorization that is issued, or of an approval or exemption that is granted, under

Part III of the Act is designated as a violation that may be proceeded with in accordance with Sections 199B to 199V of the Act. Classification 4

(1) The contravention of a provision that is set out in Column 1 of a Part of

Schedule 1 is a Type A or Type B violation as set out in Column 2 of that Part.

(2) The contravention of a direction, requirement, decision or order referred to in subsection 3(2) or of a term or condition referred to in subsection 3(3) is a Type B violation. Penalties 5

(1) The penalty for a violation with a total gravity value set out in Column 1 of

Schedule 2 is, in the case of a Type A violation, the corresponding amount set out in Column 2 and, in the case of a Type B violation, the corresponding amount set out in Column 3.

(2) The total gravity value in respect of a violation is to be established by (

a) considering each of the criteria in Column 1 of the table to this Section; (

b) ascribing to each criterion an appropriate gravity value as set out in Column 2, having regard to the circumstances of the violation, with a lower gravity value representing a lower level of gravity and a higher gravity value representing a higher level of gravity; and (

c) adding the values obtained. Table Column 1 Column 2 Item Criteria Gravity Value 1. Whether the person who committed the violation was finally found or was considered to have committed a previous violation set out in a notice of violation issued by the Board, the National Energy Board or the Canada-Newfoundland and Labrador Offshore Petroleum Board 0 to +2 2. Whether the person derived any competitive or economic benefit from the violation 0 to +2 3. Whether the person made reasonable efforts to mitigate or reverse the violation’s effects -2 to +2 4. Whether there was negligence on the person’s

part 0 to +2 5. Whether the person provided all reasonable assistance to the Board with respect to the violation -2 to +2 324 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 40, No. 6 6. Whether the person, after becoming aware of the violation, promptly reported it to the Board -2 to +2 7. Whether the person has taken any steps to prevent a recurrence of the violation -2 to +2 8. For Type B violations, whether the violation was primarily related to a reporting or record-keeping requirement -2 to 0 9. Whether the violation increased a risk of harm to people or the environment or a risk of waste 0 to +3 Service of documents 6

(1) The service of a document that is authorized or required by

Section 199G or 199O of the Act is to be made (

a) if the person to be served is an individual, by (

i) leaving a copy of it with that individual, (ii) leaving a copy of it with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence, or (iii) sending a copy of it by registered mail, courier, fax or other electronic means to the individual’s last known address or usual place of residence; and (

b) if the person to be served is not an individual, by (

i) leaving a copy of it at the person’s head office or place of business with an officer or other individual who appears to manage or be in control of the head office or place of business, (ii) sending a copy of it by registered mail, courier or fax to the person’s head office or place of business, or (iii) sending a copy of it by electronic means other than by fax to an officer or other individual referred to in subclause (i).

(2) A document that is not personally served is considered to be served (

a) in the case of a copy that is left with a person referred to in subclause (1)(a)(ii), on the day on which it is left with that person; (

b) in the case of a copy that is sent by registered mail or courier, on the 10th day after the date indicated in the receipt issued by the postal or courier service; and (

c) in the case of a copy sent by fax or other electronic means, on the day on which it is transmitted. 325 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 40, No. 6

Schedule 1: Violations (Subsections 3(1) and 4(1))

Part 1 Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act Column 1 Column 2 Item Provision Classification 1. 134 Type B 2. 134A Type B 3. 136A(3) Type B 4. 136B(2) Type B 5. 136B(5) Type B 6. 158(1) Type B 7. 158(2) Type B 8. 158(3) Type B 9. 160(1C) Type B 10. 160(3) Type B 11. 168(1) Type B 12. 169(1) Type B 13. 178 Type B 14. 188 Type B 15. 190(9) Type B 16. 190B(1) Type B 17. 191(1)(

d) Type B

Part 2 Nova Scotia Offshore Area Petroleum Geophysical Operations Regulations Column 1 Column 2 Item Provision Classification 1. 6 Type B 2. 7 Type A 3. 8 Type B 4. 9 Type B 5. 10(

a) Type B 6. 10(

b) Type B 7. 10(

c) Type B 8. 11(

a) Type B 9. 11(

b) Type B 10. 11(

c) Type B 11. 11(

d) Type B 12. 11(

e) Type B 13. 11(

f) Type B 14. 12(1) Type B 15. 12(2)(

a) Type B 16. 12(2)(

b) Type B 17. 12(2)(

c) Type B 18. 12(2)(

d) Type B 19. 12(2)(

e) Type B 326 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 40, No. 6 20. 12(2)(

f) Type B 21. 12(3) Type B 22. 12(4) Type B 23. 13(

a) Type B 24. 13(

b) Type B 25. 13(

c) Type B 26. 13(

d) Type B 27. 13(

e) Type B 28. 13(

f) Type B 29. 13(

g) Type B 30. 14(

a) Type B 31. 14(

b) Type B 32. 14(

c) Type B 33. 15(

a) Type B 34. 15(

b) Type B 35. 16 Type B 36. 17 Type B 37. 18(

a) Type B 38. 18(

b) Type B 39. 18(

c) Type B 40. 18(

d) Type B 41. 19 Type B 42. 20(1) Type B 43. 20(2) Type B 44. 21(1) Type B 45. 22(1)(

a) Type B 46. 22(1)(

b) Type B 47. 22(1)(

c) Type B 48. 22(1)(

d) Type B 49. 22(3) Type B 50. 23 Type A 51. 24 Type A 52. 25(1) Type A 53. 25(2) Type A 54. 25(4) Type A 55. 25(5) Type A 56. 25(6) Type A 57. 25(7) Type A 58. 25(8) Type A 59. 25(9) Type A 60. 26(1)(

a) Type A 61. 26(1)(

b) Type A 62. 26(1)(

c) Type A 63. 26(1)(

d) Type A 64. 26(1)(

e) Type A 65. 26(1)(

f) Type A 66. 26(2) Type B 67. 26(4) Type B 327 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 40, No. 6 68. 26(7) Type B 69. 27 Type B

Part 3 Nova Scotia Offshore Area Petroleum Installations Regulations Column 1 Column 2 Item Provision Classification 1. 3(

a) Type B 2. 3(

b) Type B 3. 3(

c) Type B 4. 4(1) Type B 5. 5(1) Type B 6. 6 Type B 7. 7 Type B 8. 8(2) Type B 9. 8(3) Type B 10. 8(4) Type B 11. 8(5) Type B 12. 8(6) Type B 13. 8(7)(

a) Type B 14. 8(7)(

b) Type B 15. 8(8) Type B 16. 9(1) Type B 17. 9(6) Type B 18. 10(1) Type B 19. 10(2) Type B 20. 10(3) Type B 21. 10(4) Type B 22. 10(5) Type B 23. 10(6) Type B 24. 10(7) Type B 25. 10(8) Type B 26. 10(9) Type B 27. 10(10) Type B 28. 10(11) Type B 29. 11(1) Type B 30. 11(2) Type B 31. 11(3) Type B 32. 11(4) Type B 33. 11(5) Type B 34. 12(1) Type B 35. 12(2) Type B 36. 12(3) Type B 37. 12(4) Type B 38. 12(5) Type B 39. 12(6) Type B 40. 12(7) Type B 41. 13(1) Type B 42. 13(2) Type B 43. 13(3) Type B 328 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 40, No. 6 44. 13(4) Type B 45. 13(5) Type B 46. 13(6) Type B 47. 13(7) Type B 48. 13(8) Type B 49. 13(9) Type B 50. 13(10) Type B 51. 13(11) Type B 52. 13(12) Type B 53. 13(13) Type B 54. 13(14) Type B 55. 14(1)(

a) Type B 56. 14(1)(

b) Type B 57. 14(1)(

c) Type B 58. 14(1)(

d) Type B 59. 14(1)(

e) Type B 60. 14(1)(

f) Type B 61. 14(1)(

g) Type B 62. 14(2) Type B 63. 14(3) Type B 64. 14(4) Type B 65. 15(1) Type B 66. 15(2) Type B 67. 16 Type B 68. 17(2) Type B 69. 17(3) Type B 70. 17(4) Type B 71. 17(9) Type B 72. 18(1) Type B 73. 18(2) Type B 74. 18(4) Type B 75. 18(8) Type B 76. 18(9) Type B 77. 18(10) Type B 78. 18(11) Type B 79. 18(12) Type B 80. 18(13) Type B 81. 19(

a) Type B 82. 19(

b) Type B 83. 19(

c) Type B 84. 19(

d) Type B 85. 19(

e) Type B 86. 19(

f) Type B 87. 19(

g) Type B 88. 19(

h) Type B 89. 19(

i) Type B 90. 19(

j) Type B 91. 19(

k) Type B 92. 21 Type B 93. 22(1)(

a) Type B 94. 22(1)(

b) Type B 329 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 40, No. 6 95. 22(1)(

c) Type B 96. 22(1)(

d) Type B 97. 22(1)(

e) Type B 98. 22(1)(

f) Type B 99. 22(2) Type B 100. 22(3) Type B 101. 22(4) Type B 102. 22(5) Type B 103. 22(6) Type B 104. 23(2)(

a) Type B 105. 23(2)(

b) Type B 106. 23(2)(

c) Type B 107. 23(2)(

d) Type B 108. 23(2)(

e) Type B 109. 23(2)(

f) Type B 110. 23(2)(

g) Type B 111. 23(2)(

h) Type B 112. 23(2)(

i) Type B 113. 23(2)(

j) Type B 114. 23(2)(

k) Type B 115. 23(2)(

l) Type B 116. 23(2)(

m) Type B 117. 23(2)(

n) Type B 118. 23(2)(

o) Type B 119. 23(2)(

p) Type B 120. 23(2)(

q) Type B 121. 23(2)(

r) Type B 122. 23(2)(

s) Type B 123. 23(2)(

t) Type B 124. 23(2)(

u) Type B 125. 23(4) Type B 126. 23(5) Type B 127. 24(1) Type B 128. 24(2) Type B 129. 24(3) Type B 130. 24(4) Type B 131. 25(2) Type B 132. 25(3) Type B 133. 25(4) Type B 134. 25(5) Type B 135. 25(6) Type B 136. 26(2) Type B 137. 26(3) Type B 138. 26(4) Type B 139. 26(5) Type B 140. 27(1) Type B 141. 27(2) Type B 142. 27(3) Type B 143. 27(4) Type B 144. 27(5) Type B 145. 27(6) Type B 330 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 40, No. 6 146. 27(7) Type B 147. 27(8) Type B 148. 27(9) Type B 149. 27(10) Type B 150. 27(11) Type B 151. 28(1) Type B 152. 28(2) Type B 153. 28(3) Type B 154. 28(4) Type B 155. 28(5) Type B 156. 28(6) Type B 157. 28(7) Type B 158. 28(8) Type B 159. 28(9) Type B 160. 28(10) Type B 161. 28(11) Type B 162. 29(1) Type B 163. 29(2) Type B 164. 29(3) Type B 165. 29(4) Type B 166. 29(5) Type B 167. 29(6) Type B 168. 29(7) Type B 169. 29(8) Type B 170. 29(9) Type B 171. 30(1) Type B 172. 30(2) Type B 173. 30(3) Type B 174. 30(4) Type B 175. 31(1) Type B 176. 31(2) Type B 177. 31(3) Type B 178. 31(4) Type B 179. 32(1) Type B 180. 32(2) Type B 181. 32(3) Type B 182. 32(4) Type B 183. 32(5) Type B 184. 33(2)(

c) Type B 185. 34(1) Type B 186. 34(2) Type B 187. 34(3) Type B 188. 35(1) Type B 189. 35(2) Type B 190. 35(3) Type B 191. 35(4) Type B 192. 35(5) Type B 193. 36(1) Type B 194. 36(2) Type B 195. 36(3) Type B 196. 36(4) Type B 331 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 34/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 6 197. 36(5) Type B 198. 36(6) Type B 199. 36(7) Type B 200. 43(8) Type B 201. 48(3) Type B 202. 49(1) Type B 203. 49(2) Type B 204. 49(3) Type B 205. 49(4) Type B 206. 49(5) Type B 207. 49(6) Type B 208. 51 Type B 209. 56(2) Type B 210. 56(4) Type B 211. 56(5) Type B 212. 56(7) Type B 213. 56(8) Type B 214. 56(9) Type B 215. 57(1) Type B 216. 57(2) Type B 217. 57(3) Type B 218. 57(4) Type B 219. 57(5) Type B 220. 57(6) Type B 221. 57(7) Type B 222. 57(8) Type B 223. 57(9) Type B 224. 57(10) Type B 225. 57(11) Type B 226. 57(12) Type B 227. 58(1) Type B 228. 58(2) Type B 229. 58(3) Type B 230. 58(4) Type B 231. 58(5) Type B 232. 58(6) Type B 233. 58(7) Type B 234. 58(8) Type B 235. 58(9) Type B 236. 58(10) Type B 237. 58(11) Type B 238. 58(12) Type B 239. 58(13) Type B 240. 58(14) Type B 241. 59(1) Type B 242. 59(13) Type B 243. 60(1) Type B 244. 60(2) Type B 245. 61(7) Type B 246. 61(17) Type B 247. 61(18) Type B 332 © NS Office of the Registrar of Regulations.

Web version.

N.S. Reg. 34/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 6 248. 62(2) Type B 249. 62(3) Type B 250. 62(4) Type B 251. 63(1) Type B 252. 63(2) Type B 253. 65 Type B 254. 66 Type B 255. 67(1) Type B 256. 67(3) Type B 257. 67(4) Type B 258. 68 Type B 259. 69 Type A 260. 70(1) Type B 261. 70(2) Type B 262. 70(3) Type B

Part 4 Nova Scotia Offshore Petroleum Drilling and Production Regulations Column 1 Column 2 Item Provision Classification 1. 11(1) Type B 2. 18(1) Type B 3. 18(2) Type B 4. 19 Type B 5. 20(

a) Type B 6. 20(

b) Type B 7. 20(

c) Type B 8. 20(

d) Type B 9. 20(

e) Type B 10. 20(

f) Type B 11. 20(

g) Type B 12. 20(

h) Type B 13. 20(

i) Type B 14. 20(

j) Type B 15. 20(

k) Type B 16. 20(

l) Type B 17. 20(

m) Type B 18. 21(1) Type B 19. 21(2) Type B 20. 22(1) Type B 21. 22(2) Type B 22. 23(

a) Type B 23. 23(

b) Type B 24. 24 Type B 25. 25(1) Type B 26. 25(2) Type B 27. 26(

a) Type B 28. 26(

b) Type B 29. 26(

c) Type B 30. 27(

a) Type B 333 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 40, No. 6 31. 27(

b) Type B 32. 28(1) Type B 33. 28(2) Type B 34. 29(

a) Type B 35. 29(

b) Type B 36. 30(1) Type B 37. 30(2) Type B 38. 31 Type B 39. 32 Type B 40. 33(

a) Type B 41. 33(

b) Type B 42. 34(

a) Type B 43. 34(

b) Type B 44. 34(

c) Type B 45. 35(1)(

a) Type B 46. 35(1)(

b) Type B 47. 35(1)(

c) Type B 48. 35(2) Type B 49. 35(3) Type B 50. 36 Type B 51. 37(1) Type B 52. 37(2) Type B 53. 37(3) Type B 54. 37(4) Type B 55. 38 Type B 56. 39 Type B 57. 40 Type B 58. 41 Type B 59. 42 Type B 60. 43 Type B 61. 44 Type B 62. 46(

a) Type B 63. 46(

b) Type B 64. 46(

c) Type B 65. 47(1)(

a) Type B 66. 47(1)(

b) Type B 67. 47(1)(

c) Type B 68. 47(1)(

d) Type B 69. 47(1)(

e) Type B 70. 47(1)(

f) Type B 71. 47(1)(

g) Type B 72. 47(1)(

h) Type B 73. 47(1)(

i) Type B 74. 47(1)(

j) Type B 75. 47(2)(

a) Type B 76. 47(2)(

b) Type B 77. 48 Type B 78. 50 Type B 79. 51(1)(

a) Type B 80. 51(1)(

b) Type B 81. 52 Type B 334 © NS Office of the Registrar of Regulations. Web version.

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a) Type B 83. 53(1)(

b) Type B 84. 53(2) Type B 85. 54(

a) Type B 86. 54(

b) Type B 87. 54(

c) Type B 88. 55 Type B 89. 56 Type B 90. 57 Type B 91. 58 Type B 92. 59 Type B 93. 60 Type B 94. 61(1) Type B 95. 61(2) Type B 96. 62(1) Type B 97. 62(2) Type B 98. 63(

a) Type B 99. 63(

b) Type B 100. 63(

c) Type B 101. 63(

d) Type B 102. 64(

a) Type B 103. 64(

b) Type A 104. 65 Type B 105. 66(

a) Type B 106. 66(

b) Type B 107. 66(

c) Type B 108. 67(1) Type B 109. 67(3) Type B 110. 68 Type B 111. 69 Type B 112. 70 Type B 113. 71(1) Type B 114. 71(2) Type B 115. 71(3) Type B 116. 72(2) Type B 117. 72(3) Type B 118. 73(

a) Type B 119. 73(

b) Type B 120. 74(1) Type B 121. 74(3) Type B 122. 75 Type A 123. 76(1) Type B 124. 77(1)(

a) Type B 125. 77(2)(

a) Type B 126. 77(2)(

b) Type B 127. 78(1) Type A 128. 78(2) Type A 129. 79(

a) Type A 130. 79(

b) Type A 131. 79(

c) Type A 132. 79(

d) Type A 335 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 40, No. 6 133. 79(

e) Type A 134. 80(

a) Type B 135. 80(

b) Type B 136. 81 Type B 137. 82(

a) Type B 138. 82(

b) Type B 139. 83(

a) Type B 140. 83(

b) Type B 141. 84(2) Type B 142. 84(3) Type B 143. 85(

a) Type B 144. 85(

b) Type B 145. 85(

c) Type B 146. 86(1) Type A 147. 86(2) Type A 148. 87 Type A 149. 88(1) Type A 150. 88(2) Type A 151. 89 Type B 152. 90(1) Type A 153. 90(2) Type A 154. 91(1) Type B 155. 91(2) Type A 156. 92 Type A

Schedule 2: Penalties (Subsection 5(1)) Column 1 Column 2 Type A Violation Column 3 Type B Violation Item Total Gravity Value Individual Any Other Person Individual Any Other Person 1. -3 or less $250 $1000 $1000 $4000 2. -2 $595 $2375 $4000 $16 000 3. -1 $990 $3750 $7000 $28 000 4. 0 $1365 $5025 $10 000 $40 000 5. 1 $1740 $6300 $13 000 $52 000 6. 2 $2115 $7575 $16 000 $64 000 7. 3 $2490 $8850 $19 000 $76 000 8. 4 $2865 $10 125 $22 000 $88 000 9. 5 or more $3000 $12 000 $25 000 $100 000 336 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 35/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 6 N.S. Reg. 35/2016 Made: February 26, 2016 Filed: February 26, 2016 Canada-Nova Scotia Offshore Petroleum Financial Requirements Regulations Order in Council 2016-48 dated February 26, 2016 Regulations made by the Governor in Council pursuant to

Section 146 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act The Governor in Council on the report and recommendation of the Minister of Energy dated February 4, 2016, and pursuant to

Section 146 of

Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act , is pleased, effective on and after February 26, 2016, to (

a) repeal the Nova Scotia Offshore Area Oil and Gas Spills and Debris Liability Regulations , N.S. Reg. 3/96, made by the Governor in Council by Order in Council 96-19 dated January 9, 1996; and (

b) make regulations respecting financial requirements in the form set forth in

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

Schedule “A” Regulations Respecting Financial Requirements for Offshore Petroleum Projects made by the Governor in Council under

Section 146 of

Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Implementation (Nova Scotia) Act Citation 1 These regulations may be cited as the Canada-Nova Scotia Offshore Petroleum Financial Requirements Regulations.

Definitions 2 In these regulations, “Act” means the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act. Financial resources 3

(1) For the purposes of subsection 159A(1) of the Act, the proof that an applicant has the necessary financial resources is to be made by the applicant providing the Board with a statement of its net assets or of funding arrangements that it has made that demonstrates to the Board’s satisfaction that it is able to pay the applicable amount referred to in that subsection.

(2) The statement must be accompanied by 1 or more of the following documents that substantiate it: (

a) the applicant’s most recent audited annual financial statement and, if the applicant has been given a credit rating by a credit rating agency that is current at the time the application is made, a document that indicates that credit rating; (

b) a promissory note; (

c) an insurance policy or a certificate of insurance; (

d) an escrow agreement; 337 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 40, No. 6 (

e) a letter of credit; (

f) a line of credit agreement under which funds identified in the statement are available; (

g) a guarantee agreement; (

h) a security bond or pledge agreement or an indemnity bond or suretyship agreement.

(3) For greater certainty, the Board may require that the statement and substantiating documents be audited by a qualified independent auditor and that the applicant provide the Board with a report of the audit that is signed by that auditor. Financial responsibility 4

(1) A pooled fund that is established for the purposes of subsection 160(1A) of the Act must be located and administered in Canada.

(2) The fund is to be used only to make payments under subsection 160(2) of the Act, except that the fund may be used to make payments (

a) under subsection 168(2) of the federal Implementation Act, if it is also established for the purposes of subsection 168(1.01) of that Act; (

b) under subsection 163(2) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act (Canada), if it is also established for the purposes of subsection 163(1.01) of that Act; (

c) under subsection 158(2) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act , R.S.N.L. 1990, c. C-2, if it is also established for the purposes of subsection 158(1.1) of that Act; or (

d) under subsection 27(2) of the Canada Oil and Gas Operations Act (Canada), if it is also established for the purposes of subsection 27(1.01) of that Act.

(3) Moneys that are required to be paid out of the fund must be paid by the administrator of the fund on demand.

(4) The administrator of the fund must (

a) every year, provide the Board with an audited financial statement that demonstrates that the fund has been maintained at a minimum of $250 million or at the higher minimum amount set by regulation; (

b) notify the Board within 24 hours of the addition of a participant to, or withdrawal of a participant from, the fund or of any change in the amount of the fund, other than one that is solely attributable to an interest charge or a banking fee; (

c) notify the Board of a contravention by a participant in the fund of their obligation under subsection 160(1C), 160(1D) or 160(5) of the Act within 24 hours after they become aware of the contravention; and (

d) provide the Board with the phone number, email address and mailing address of their contact person. 338 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 35/2016 - 36/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 6 Reimbursement into pooled fund 5 For the purposes of subsection 160(5) of the Act, the reimbursement into the pooled fund of an amount that is paid out of it must be made within 7 days after the day on which the payment is made. Board recommendations regarding lesser financial requirements 6

(1) For the purposes of subsection 160A(1) of the Act, the Board may make a recommendation to the Minister in respect of an applicant if the Board is satisfied that the estimated total of the losses, damages, costs and expenses, other than losses of non-use value for which the applicant may be liable under clauses 159(1)(

b) and 159(2)(

b) of the Act in connection with the proposed work or activity to which the application pertains, is less than the amount referred to in subsection 159(2B) of the Act.

(2) The recommendation must identify the hazards that are relevant to the proposed work or activity and must include an assessment of the risks associated with each event that could occur in connection with each of those hazards and that could result in debris, in a spill or in an authorized discharge, emission or escape of petroleum.

(3) The following information must accompany the recommendation: (

a) the estimated total of the losses, damages, costs and expenses referred to in subsection (1); (

b) the recommended amount that is less than the amount referred to in subsection 159(2B) or clause 160(1)(

a) of the Act, as the case may be; (

c) a

summary of the reasons for the recommendation; (

d) a

summary of any information provided by the applicant to the Board that the Board considers to be pertinent; (

e) any information concerning the recommendation that the Board provided to the federal Minister in connection with that Minister’s approval under subsection 160A(1) of the Act; and (

f) any information requested by the Minister.

(4) The Board may submit to the Minister any other information that it considers to be pertinent. N.S. Reg. 36/2016 Made: February 26, 2016 Filed: February 26, 2016 Canada-Nova Scotia Offshore Petroleum Cost Recovery Regulations Order in Council 2016-49 dated February 26, 2016 Regulations made by the Governor in Council pursuant to

Section 30A of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act The Governor in Council on the report and recommendation of the Minister of Energy dated February 4, 2016, and pursuant to

Section 30A of

Chapter 3 of the Acts of 1987 , the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act , is pleased to make regulations respecting the recovery of 339 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 36/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 6 costs by the Canada-Nova Scotia Offshore Petroleum Board, in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after February 26, 2016.

Schedule “A” Regulations Respecting the Recovery of Costs by the Canada-Nova Scotia Offshore Petroleum Board made by the Governor in Council under

Section 30A of

Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act Citation 1 These regulations may be cited as the Canada-Nova Scotia Offshore Petroleum Cost Recovery Regulations.

Definitions 2 In these regulations, “Act” means the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act; “actual full cost” means the full cost confirmed by the Board’s audited financial statements; “direct regulatory activities” means the activities that are required for the Board to fulfill its regulatory responsibilities, such as (

i) assessing applications, (ii) issuing licences, (iii) granting approvals and authorizations, (iv) verifying and enforcing compliance with the Act, and (

v) providing information, products and services; “indirect regulatory costs” means the costs incurred to support the Board’s direct regulatory activities, such as costs for (

i) office accommodation, supplies and equipment, (ii) professional services, (iii) communications, (iv) travel, (

v) management, (vi) training, (vii) administration, 340 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 36/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 6 (viii) human resources services, (ix) finance, (

x) information technology services, (xi) hardware and software, (xii) the preparation of documents, including policies, standards, guidelines, procedures and notices, and (xiii) the provision of technical expertise, including any advice relating to legislation or regulations, to the federal Minister or the Minister at that Minister’s request; “project” means the work or the activity referred to in clause 135(1)(

b) of the Act.

Part 1: Regulatory Activity Plan Charges Estimated Annual Charge Regulatory activity plan 3 For each new project relating to development, production, abandonment, exploratory drilling or multi-year or complex seismic programs in respect of petroleum operations, on receipt of a project description or letter of intent, the Board must (

a) prepare a regulatory activity plan; (

b) calculate the estimated annual charge payable by the applicant or the operator for the project by determining the estimated full cost, including indirect regulatory costs, associated with the implementation of the regulatory activity plan prepared under clause (

a) based on (

i) the cost of the estimated total number of units of time necessary to be spent in that fiscal year on direct regulatory activities for the project, and (ii) any other costs, excluding costs calculated under other cost recovery methods; and (

c) notify the applicant or the operator, in writing, of the regulatory activity plan prepared under clause (

a) and the estimated annual charge payable. Existing project 4 For each existing project that was previously under a regulatory activity plan, after approval of the Board’s budget in any given fiscal year following its submission in accordance with subsection 28(2) of the Act, the Board must (

a) prepare a new regulatory activity plan; (

b) calculate the estimated annual charge payable by the applicant or the operator for the project by determining the estimated full cost, including indirect regulatory costs, associated with the implementation of the new regulatory activity plan prepared under clause (

a) based on (

i) the cost of the estimated total number of units of time necessary to be spent in that fiscal year on direct regulatory activities for the project, and 341 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 40, No. 6 (ii) any other costs, excluding costs calculated under other cost recovery methods; and (

c) notify the applicant or the operator, in writing, of the new regulatory activity plan prepared under clause (

a) and the estimated annual charge payable. Recalculation 5 If an applicant or operator proposes changes to its project that are not reflected in the regulatory activity plan for the project prepared by the Board under clause 3(

a) or 4(a), the Board may recalculate the estimated annual charge for that project calculated by the Board under clause 3(

b) or 4(

b) and adjust the payable amount accordingly. Quarterly Invoicing Invoice 6

(1) The Board must, on a quarterly basis, prepare and send an invoice for an amount equal to 25% of the estimated annual charge calculated by the Board under clause 3(

b) or 4(

b) to each applicant or operator who has been notified under clause 3(

c) or 4(c).

(2) Within 30 days after the date of an invoice sent under subsection (1), the applicant or the operator must pay the amount invoiced. Annual Charge Adjustment Annual adjustment 7

(1) Each year, following the end of the fiscal year, the Board must, for each project under a regulatory activity plan, (

a) calculate the actual full cost associated with the implementation of the regulatory activity plan; (

b) calculate the charge adjustment, if any, by subtracting the estimated annual charge, calculated in accordance with clause 3(

b) or 4(b), from the actual full cost; and (

c) notify the applicant or the operator in writing of the amount of the actual full cost and the amount of the charge adjustment.

(2) If the actual full cost calculated under clause (1)(

a) is (

a) less than the estimated annual charge, the difference is credited to the applicant’s or operator’s account and must be refunded as a credit on the next invoice; or (

b) greater than the estimated annual charge, the Board must invoice the applicant or the operator for an amount equal to the difference and the applicant or the operator must pay that amount to the Board within 30 days after the date of the invoice.

Part 2: Formula Fees

Interpretation 8 In this part, (

a) base units of time are the number of units of time published by the Board in accordance with

Section 9 based on the Board’s estimate of the time required for it to undertake direct regulatory activities in relation to each activity set out in the tables to

Section 10; 342 © NS Office of the Registrar of Regulations. Web version.

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b) variable units of time are the number of units of time published by the Board in accordance with

Section 9 based on the Board’s estimate of the time required for it to undertake direct regulatory activities in relation to the variables set out in column 3 of the table to subsection 10(3); (

c) the effective rate is the rate published by the Board in accordance with

Section 9 based on the estimated sum of the costs incurred by the Board’s undertaking of all direct regulatory activities and of the Board’s indirect regulatory costs minus the sum of the costs incurred by the Board’s undertaking of regulatory activities that are not recovered by the Board at the request of the federal Minister and the Minister and divided by the total number of units of time spent by the Board for those direct regulatory activities; and (

d) the heavy burden coefficient is a multiplier that the Board may apply to a fee for an activity if the Board is of the opinion that the fee must be increased to reflect the additional number of units of time spent by the Board to undertake direct regulatory activities as a result of non-compliance with the Act, negligence or lack of effort by an applicant or operator in responding to any of the Board’s questions during an application process or activity. Publication and Formulas Publication by Board 9 Each year the Board must publish, by electronic or other means that are likely to reach applicants and operators, (

a) the base units of time for each activity set out in the tables to

Section 10; (

b) the variable units of time for each activity set out in the table to subsection 10(3); and (

c) the effective rate. Formulas 10

(1) The fee for each activity set out in the table to this subsection is determined by the formula A × C, in which (

a) A is the base units of time related to each activity; and (

b) C is the effective rate. Table Item Activity 1. Application for a declaration of significant discovery 2. Application for a declaration of commercial discovery 3. Application for a significant discovery licence 4. Application for a licence for subsurface storage 5. Application for a production licence 6. Application for an amendment to a licence or a consolidation of licences 7. Registration of a transfer 8. Registration of a security notice 9. Registration of an interest 10. Recording of a notice 343 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 40, No. 6 11. Registration of an instrument other than a transfer or security notice 12. Application for an extension, by order, of the term of a production licence 13. Application for allowable expenditures

(2) The fee for each activity set out in column 2 of the table to this subsection is determined by the formula A × C × D, in which (

a) A is the base units of time related to each activity; (

b) C is the effective rate; and (

c) D, if applicable, is the heavy burden coefficient. Table Column 1 Column 2 Item Category of Activity Activity 1. Geological operations authorization (with field work) Geochemical study 2. Geophysical (without field work) Geophysical study 3. Geological (without field work) Purchase of geological studies 4. Geological (without field work) Isotope age dating 5. Geological (without field work) In-house geological studies 6. Geological (without field work) Petrography 7. Geological (without field work) Paleontological or palynological study 8. Geological (without field work) Other geophysical activity 9. Annual compliance fee All geophysical projects

(3) The fee for each activity set out in column 2 of the table to this subsection is determined by the formula (A + B) × (C × D), in which (

a) A is the base units of time related to each activity; (

b) B is the variable units of time multiplied by the number of primary vessels or aircraft to be used in each activity; (

c) C is the effective rate; and (

d) D, if applicable, is the heavy burden coefficient. Table Column 1 Column 2 Column 3 Item Category of Activity Activity Variable 1. Geophysical operations authorization (with field work) 2-D seismic reflection survey (primary activity) Primary vessel 2. Geophysical operations authorization (with field work) 3-D seismic reflection survey (primary activity) Primary vessel 344 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 40, No. 6 3. Geophysical operations authorization (with field work) 4-D seismic reflection survey (primary activity) Primary vessel 4. Geophysical operations authorization (with field work) Seafloor gravity survey (primary activity) Primary vessel 5. Geophysical operations authorization (with field work) Seismic refraction survey (primary activity) Primary vessel 6. Geophysical operations authorization (with field work) Controlled source electromagnetic survey Primary vessel 7. Geophysical operations authorization (with field work) Other geophysical program Primary vessel 8.

Geophysical operations authorization (with field work) Aeromagnetic survey (primary activity) Aircraft 9. Geotechnical authorization (seabed survey) Piston core Primary vessel 10. Geotechnical authorization (seabed survey) Shallow seismic, seabed survey Primary vessel Payment of fees 11

(1) On the submission of an application in respect of an activity set out in any table to

Section 10, the applicant must pay to the Board the fee determined in accordance with that Section.

(2) If the Board uses a heavy burden coefficient to calculate an additional charge in respect of an activity, the Board must invoice the applicant or the operator and the applicant or the operator must pay that amount to the Board within 30 days after the date of the invoice.

Part 3: Geodata Centre Daily access rate 12 In this Part, the daily access rate is the rate established and published by the Board by electronic or other means that are likely to reach applicants and operators. Sample access fee 13 Any person, except a person requesting access for an academic purpose, the federal Minister or the Minister, who accesses a physical sample at the geodata center must pay the daily access rate for each day the sample is accessed.

Part 4: Other Charges Reimbursement of Board costs 14 The Board may require reimbursement for 100% of its costs for activities that are not set out in Parts 1 to 3 and that are related to the following: (

a) any verification of compliance under the Act involving travel to another location by the Board’s staff; (

b) the Oil and Gas Committee; (

c) any technical analysis or process review that is related to a specific project and that is requested by an applicant or operator; (

d) any public review, written or oral hearing or inquiry that is related to a specific project and 345 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 40, No. 6 that is required or initiated by the Board; (

e) a participant funding program that is part of an environmental assessment conducted under the Canadian Environmental Assessment Act, 2012 (Canada); and (

f) information, products or services that are requested by a person.

Part 5: General Interest 15 Interest on an amount owing to the Board must be calculated and compounded monthly at the rate of 1.5% and is payable and accrues during the period beginning on the due date and ending on the day before the day on which the payment is received by the Board. Remittance of fees and charges 16 For the purposes of

Section 30B of the Act, the fees and charges obtained in accordance with these regulations must be remitted on a quarterly basis subject to the Board’s operational requirements.

Part 6: Transitional Provisions Transitional provision 17

(1) Section 4 does not apply to a project that relates to development, production, abandonment, exploratory drilling or multi-year or complex seismic programs if the applicant or the operator has paid 100% of the Board’s estimated costs for the project for the fiscal year in which these regulations come into force.

(2) All existing projects relating to development, production, abandonment, exploratory drilling or multi-year or complex seismic programs that are under the Board’s regulatory authority before these regulations come into force and that do not have a regulatory activity plan are considered to have been previously under a regulatory activity plan for the purposes of

Section 4. N.S. Reg. 37/2016 Made: September 11, 2014 Approved: February 29, 2016 Filed: February 29, 2016 Crop Insurance Plan for Weather–amendment Order in Council 2016-51 dated February 29, 2016 Amendment to regulations made by the Nova Scotia Crop and Livestock Insurance Commission and approved by the Governor in Council pursuant to

Section 6 of the Crop and Livestock Insurance Act The Governor in Council on the report and recommendation of the Minister of Agriculture dated January 28, 2016, and pursuant to

Section 6 of

Chapter 113 of the Revised Statutes of Nova Scotia, 1989, the Crop and Livestock Insurance Act, is pleased to approve amendments made by the Nova Scotia Crop and Livestock Insurance Commission to the Crop Insurance Plan for Weather, N.S. Reg. 124/2006, made by the Commission and approved by the Governor in Council by Order in Council 2006-343 dated July 24, 2006, in the manner set forth in

Schedule “A”, attached to and forming part of the report and recommendation, effective on and after February 29, 2016. 346 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 40, No. 6

Schedule “A” Nova Scotia Crop and Livestock Insurance Commission I certify that the Nova Scotia Crop and Livestock Insurance Commission, at a meeting held September 11, 2014, passed a motion to amend the Crop Insurance Plan for Weather, N.S. Reg. 124/2006, approved by the Governor in Council by Order in Council 2006-343 dated July 24, 2006, in the manner set out in the attached. The amendments to the regulations referred to above are effective on and after the date they are approved by the Governor in Council. Dated and signed at Truro, Nova Scotia, January 6, 2016.

Nova Scotia Crop and Livestock Insurance Commission per: sgd: Bill MacLeod Bill MacLeod, CEO ------------------------------------------------------------------------------------------------------ Amendment to the Crop Insurance Plan for Weather made by the Nova Scotia Crop and Livestock Insurance Commission under

Section 6 of

Chapter 113 of the Revised Statutes of Nova Scotia, 1989, the Crop and Livestock Insurance Act 1

Section 3 of the Crop Insurance Plan for Weather, N.S. Reg. 124/2006, approved by the Governor in Council by Order in Council 2006-343 dated July 24, 2006, is amended by (

a) striking out the period at the end of the definition of “pasture crop” and substituting a semicolon; and (

b) adding the following definition immediately after the definition of “pasture crop”: “terms and conditions of the Contract of Insurance” means the terms and conditions set out in the Contract of Insurance in Form 1 to the General Field Crop Insurance Plans Regulations made under the Act. 2

Section 5 of the plan is repealed. 3

Section 7 of the plan and its heading are repealed and the following heading and

Section substituted: Deadline for notice of cancellation of insurance 7 For the purpose of clause 4(1)(

a) of the terms and conditions of the Contract of Insurance, a notice of cancellation of insurance under this plan must be given no later than April 30 of the crop year for which the cancellation is to be effective. 347 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 38/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 6 N.S. Reg. 38/2016 Made: February 29, 2016 Filed: February 29, 2016 Proclamation, S. 11, S.N.S. 2015, c. 36 Order in Council 2016-52 dated February 29, 2016 Proclamation made by the Governor in Council pursuant to

Section 11 of

An Act to Amend

Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act and to Repeal

Chapter 40 of the Acts of 2010, the Offshore Licensing Policy Act The Governor in Council on the report and recommendation of the Minister of Energy dated February 8, 2016, and pursuant to

Section 11 of

Chapter 36 of the Acts of 2015,

An Act to Amend

Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act, and to Repeal

Chapter 40 of the Acts of 2010, the Offshore Licensing Policy Act , is pleased to order and declare by proclamation that Sections 4, 5 and 10 of

Chapter 36 of the Acts of 2015,

An Act to Amend

Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act, and to Repeal

Chapter 40 of the Acts of 2010, the Offshore Licensing Policy Act , do come into force on and not before March 1, 2016. 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 11 of

Chapter 36 of the Acts of 2015,

An Act to Amend

Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act, and to Repeal

Chapter 40 of the Acts of 2010, the Offshore Licensing Policy Act , it is enacted as follows: 11 Sections 4, 5 and 10 come into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that Sections 4, 5 and 10 of

Chapter 36 of the Acts of 2015,

An Act to Amend

Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act, and to Repeal

Chapter 40 of the Acts of 2010, the Offshore Licensing Policy Act, do come into force on and not before March 1, 2016; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that Sections 4, 5 and 10 of

Chapter 36 of the Acts of 2015,

An Act to Amend

Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act, and to Repeal

Chapter 40 of the Acts of 2010, the Offshore Licensing Policy Act , do come into force on and not before March 1, 2016, of which all persons concerned are to take notice and govern themselves accordingly. 348 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 38/2016 - 39/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 6 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 29th day of February in the year of Our Lord two thousand and sixteen and in the sixty- fifth year of Our Reign. BY COMMAND: sgd: Hon. Diana C. Whalen Provincial Secretary Attorney General and Minister of Justice N.S.

Reg. 39/2016 Made: February 29, 2016 Filed: February 29, 2016 Matters Considered in Automobile Insurance Rates and Risk-Classification Systems Regulations–amendment Order in Council 2016-54 dated February 29, 2016 Amendment to regulations made by the Governor in Council pursuant to Sections 138B and 159 of the Insurance Act The Governor in Council on the report and recommendation of the Minister of Finance and Treasury Board dated February 3, 2016, and pursuant to Sections 138B and 159 of

Chapter 231 of the Revised Statutes of Nova Scotia, 1989, the Insurance Act, is pleased to amend the Matters Considered in Automobile Insurance Rates and Risk-Classification Systems Regulations , N.S. Reg. 183/2003, made by the Governor in Council by Order in Council 2003-458 dated October 31, 2003, to facilitate acceptance of voluntary payments under the direct compensation for property damage provisions of the Act, and to provide that any such payment made is recognized as a not-at-fault claim which cannot be used for premium rating purposes, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after February 29, 2016.

Schedule “A” Amendment to the Matters Considered in Automobile Insurance Rates and Risk-Classification Systems Regulations made by the Governor in Council under Sections 138B and 159 of

Chapter 231 of the Revised Statutes of Nova Scotia, 1989, the Insurance Act 1

Section 3 of the Matters Considered in Automobile Insurance Rates and Risk-Classification Systems Regulations, N.S. Reg. 183/2003, made by the Governor in Council by Order in Council 2003-458 dated October 31, 2003, is amended as by adding the following subsection immediately after subsection (2): 349 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 39/2016 - 40/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 6

(3) A claim recorded in respect of an incident for which an insured who is at fault made a voluntary payment to the insurer of the person who is not at fault is deemed to be an incident for which the insured was not at fault for the purposes of this Section, as referred to in clause (1)(a). 2 The regulations are further amended by adding the following

Section immediately after

Section 3A: 3B For the purposes of clause 138A(6)(

c) of the Act, acceptance of a voluntary payment by the insurer of a person who is not at fault from a person who is at fault in the amount the insurer paid as indemnity in respect of its insured is not subrogation against the person who made the payment. N.S. Reg. 40/2016 Made: March 1, 2016 Filed: March 2, 2016 Spring Weight Restrictions Regulations–amendment Order dated March 1, 2016 Amendment to regulations made by the Director of Operations Services Department of Transportation and Infrastructure Renewal pursuant to subsection 20(1) of the Public Highways Act In the matter of

Section 20 of

Chapter 371 of the Revised Statutes of Nova Scotia, 1989, the Public Highways Act Order Pursuant to subsection 20(1) of

Chapter 371 of the Revised Statutes of Nova Scotia, 1989, the Public Highways Act, Kevin Mitchell, Director, Operations Services, Department of Transportation and Infrastructure Renewal, hereby orders that the regulations respecting spring weight restrictions, N.S. Reg. 31/2016, made by order of the Executive Director of Maintenance and Operations, Department of Transportation and Infrastructure Renewal dated February 23, 2016, are amended under the heading “Yarmouth County” in Appendix 1: List of Highways Exempt from Spring Weight Restrictions, by (

a) adding the following item immediately after item 16: 16A. Brazil Lake Road (0762), from Route 304 northerly to Lake Annis Road, 5.7 km. (

b) striking out item 23 and substituting the following item: 23. Greenville Road (0504), from Trunk 3 at Pleasant Lake westerly to Trunk 1 at Dayton, 7.9 km. Dated and made at Halifax, Nova Scotia, on March 1, 2016. sgd: Kevin Mitchell Kevin Mitchell, P.Eng. Director, Operations Services Department of Transportation and Infrastructure Renewal 350 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 41/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 6 N.S. Reg. 41/2016 Made: March 3, 2016 Filed: March 4, 2016 Petroleum Products Prices Order dated March 3, 2016 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 M07326 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: 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 retail margin and transportation allowance effective January 6, 2012, in its decision, 2011 NSUARB 181, issued on November 23, 2011; 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 average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended March 2, 2016, are: Grade 1 Regular gasoline 37.4¢ per litre Ultra-low-sulfur diesel oil 38.1¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 37.4¢ per litre Grade 2 40.4¢ per litre Grade 3 43.4¢ per litre Ultra-low-sulfur diesel oil 38.1¢ 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: minus 0.3¢ per litre Ultra-low-sulfur diesel oil: plus 0.2¢ per litre And

whereas a winter blending adjustment of plus 5.2¢ 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., March 4, 2016. 351 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 41/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 6 Dated at Halifax, Nova Scotia, this 3rd day of March, 2016. 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 March 4, 2016 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 Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 44.3 47.3 50.3 50.6 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 69.8 72.8 75.8 70.0 85.8 89.2 92.7 86.0 87.9 91.3 94.8 88.1 85.8 89.2 92.7 86.0 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 44.8 47.8 50.8 51.1 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 70.3 73.3 76.3 70.5 86.4 89.8 93.3 86.6 88.4 91.9 95.3 88.7 86.4 89.8 93.3 86.6 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 45.2 48.2 51.2 51.5 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 70.7 73.7 76.7 70.9 86.8 90.3 93.7 87.1 88.9 92.3 95.8 89.1 86.8 90.3 93.7 87.1 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 45.3 48.3 51.3 51.6 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 70.8 73.8 76.8 71.0 86.9 90.4 93.8 87.2 89.0 92.5 95.9 89.2 86.9 90.4 93.8 87.2 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 45.3 48.3 51.3 51.6 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 70.8 73.8 76.8 71.0 86.9 90.4 93.8 87.2 89.0 92.5 95.9 89.2 86.9 90.4 93.8 87.2 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 46.0 49.0 52.0 52.3 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 71.5 74.5 77.5 71.7 87.7 91.2 94.6 88.0 89.8 93.3 96.7 90.0 87.7 91.2 94.6 88.0 999.9 999.9 999.9 999.9 352 © NS Office of the Registrar of Regulations.

Web version.

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 32/2016
Date	2016-03-18
Type	gazette
Volume / chapter	just regulations rg2 2016 RG2 2016 03 18
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	aba36c764e4a954bcdde5bd3324c44f064a489fd

Source file is stored in the law ingest library (pdf).