r 8, 2022 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

just regulations rg2 2022 RG2 2022 12 30

Nova Scotia — Gazette

Volume 46, No. 26 December 30, 2022

Part II Halifax, Nova Scotia Regulations under the Regulations Act Published by Authority Contents Act Reg. No.

Page Electricity Act Renewable Electricity Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 338/2022 771 Environment Act Activities Designation Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 329/2022 687 Environmental Assessment Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328/2022 686 Health Services and Insurance Act Prosthetic Devices Tariffs Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320/2022 644 Housing Act Down Payment Assistance Program Regulations–repeal . . . . . . . . . . . . . . . . . . . . . . . . . . 307/2022 636 Regulations respecting financial assistance to the Atlantic Baptist Senior Citizens’ Regulations respecting loans by the Minister of Housing for interim financing Regulations respecting a sanitary sewer systems study of Sackville and Cole First Mortgage Insurance Fund Regulations–repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313/2022 636 Provincial Housing Emergency Repair Program Regulations–repeal . . . . . . . . . . . . . . . . 310/2022 636 Regulations respecting the Access-A-Home program–repeal . . . . . . . . . . . . . . . . . . . . . . 306/2022 636 Regulations respecting the apartment conversion program–repeal . . . . . . . . . . . . . . . . . . 282/2022 634 Regulations respecting the apartment creation program–repeal . . . . . . . . . . . . . . . . . . . . . 283/2022 634 Regulations respecting the assisted home ownership co-operative program–repeal . . . . . 284/2022 634 Regulations respecting the Chameleon housing co-operative program–repeal . . . . . . . . . 285/2022 634 Regulations respecting contractor security–repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286/2022 634 Regulations respecting co-operative housing–repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287/2022 634 Regulations respecting the designation of the Minister of Housing–repeal . . . . . . . . . . . . 304/2022 635 Regulations respecting the execution of documents by the Minister–repeal . . . . . . . . . . . 305/2022 635 Regulations respecting the family benefits housing program–repeal . . . . . . . . . . . . . . . . . 288/2022 634 Regulations respecting the family modest housing program–repeal . . . . . . . . . . . . . . . . . 308/2022 636 Regulations respecting feasibility studies–repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289/2022 634 Home Incorporated–repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290/2022 634 Regulations respecting the home insulation loan program–repeal . . . . . . . . . . . . . . . . . . . 291/2022 634 Regulations respecting the housing development board–repeal . . . . . . . . . . . . . . . . . . . . . 292/2022 635 Regulations respecting the housing financial assistance program–repeal . . . . . . . . . . . . . 315/2022 636 Regulations respecting the operations of the new home mortgage program–repeal . . . . . 293/2022 635 to new non-profit housing construction projects–repeal . . . . . . . . . . . . . . . . . . . . . . . . . 294/2022 635 Regulations respecting the parent apartment program–repeal . . . . . . . . . . . . . . . . . . . . . . 309/2022 636 Regulations respecting the prescribing of forms and transitional provisions–repeal . . . . . 295/2022 635 Regulations respecting the Preston area housing fund–repeal . . . . . . . . . . . . . . . . . . . . . . 296/2022 635 Regulations respecting the private sector second mortgage housing program–repeal . . . . 297/2022 635 Regulations respecting the provincial self-help housing program–repeal . . . . . . . . . . . . . 302/2022 635 Regulations respecting the replacement reserve fund–repeal . . . . . . . . . . . . . . . . . . . . . . . 298/2022 635 Harbour–repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299/2022 635 597

Table of Contents (cont.) Royal Gazette

Part II - Regulations Vol. 46, No. 26 Regulations respecting the second mortgage program–repeal . . . . . . . . . . . . . . . . . . . . . . 300/2022 635 Regulations respecting the self-help housing program–repeal . . . . . . . . . . . . . . . . . . . . . . 301/2022 635 Regulations respecting the shell housing program–repeal . . . . . . . . . . . . . . . . . . . . . . . . . 303/2022 635 Regulations respecting the small loans assistance program–repeal . . . . . . . . . . . . . . . . . . 312/2022 636 Second Mortgage Insurance Fund Regulations–repeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . 314/2022 636 Senior Citizens Assistance Program Regulations–repeal . . . . . . . . . . . . . . . . . . . . . . . . . . 311/2022 636 Housing Nova Scotia Act Child Care Assistance Regulations–repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316/2022 636 Housing Nova Scotia Regulations–repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317/2022 636 Motor Carrier Act Board Motor Carrier Act Hours of Service Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . 334/2022 729 Board Public Passenger Motor Carrier Act Regulations–amendment . . . . . . . . . . . . . . . . 333/2022 726 Governor in Council Motor Carrier Act Hours of Service Regulations . . . . . . . . . . . . . . . 336/2022 751 Governor in Council Public Passenger Motor Carrier Act Regulations–amendment . . . . 335/2022 751 Motor Vehicle Act Commercial Carrier Safety Fitness Rating and Compliance Regulations–amendment . . . 332/2022 720 Commercial Vehicle Drivers’ Hours of Service Regulations–replacement . . . . . . . . . . . . 330/2022 688 Commercial Vehicle Trip Inspection Regulations–amendment . . . . . . . . . . . . . . . . . . . . . 331/2022 719 Winter Parking Ban Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326/2022 679 Natural Products Act Nova Scotia Egg Producers’ Egg Regulations–replacement . . . . . . . . . . . . . . . . . . . . . . . 325/2022 655 Nova Scotia Egg Producers Levy Order–amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323/2022 654 Nova Scotia Egg Producers’ Marketing Plan–amendment. . . . . . . . . . . . . . . . . . . . . . . . . 321/2022 647 Nova Scotia Egg Producers’ Pullet Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . 324/2022 654 Regulations respecting the composition of the marketing board–repeal . . . . . . . . . . . . . . 322/2022 646 Petroleum Products Pricing Act Petroleum Products Pricing Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327/2022 684 Prescribed Petroleum Products Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267/2022 600 Prescribed Petroleum Products Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 339/2022 772 Prescribed Petroleum Products Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340/2022 774 Provincial Court Act Regulations respecting part-time judges of the provincial court–amendment . . . . . . . . . . 337/2022 770 Residential Tenancies Act Proclamation of amendments to Act, S. 17, S.N.S. 2021, c. 36–S. 2, 3(1), 4, 5, 6(1), 8, 9, 12 and 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318/2022 637 Residential Tenancies Regulations–amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319/2022 638 Special Places Protection Act Barneys River Nature Reserve Designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277/2022 624 Big Meadow Brook Nature Reserve Designation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276/2022 620 Cherry Hill Beach Nature Reserve Designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278/2022 626 Glendyer Nature Reserve Designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279/2022 628 Les Caps Nature Reserve Designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280/2022 630 Porcupine Brook Nature Reserve Designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281/2022 632 598

Table of Contents (cont.) Royal Gazette

Part II - Regulations Vol. 46, No. 26 Wilderness Areas Protection Act Eastern Shores Islands Wilderness Area Designation of Additional Lands . . . . . . . . . . . . 269/2022 606 Economy River Wilderness Area Designation of Additional Lands . . . . . . . . . . . . . . . . . 270/2022 608 Eigg Mountain-James River Wilderness Area Designation of Additional Lands . . . . . . . 271/2022 610 Medway Lakes Wilderness Area Designation of Additional Lands . . . . . . . . . . . . . . . . . . 272/2022 612 Middle River Framboise Wilderness Area Designation of Additional Lands . . . . . . . . . . 273/2022 614 Portapique River Wilderness Area Designation of Additional Lands . . . . . . . . . . . . . . . . 274/2022 616 Sackville River Wilderness Area Designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268/2022 602 Wentworth Valley Wilderness Area Designation of Additional Lands . . . . . . . . . . . . . . . 275/2022 618 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. 599

N.S. Reg. 267/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 N.S. Reg. 267/2022 Made: December 8, 2022 Filed: December 9, 2022 Prescribed Petroleum Products Prices Order dated December 8, 2022 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 Decision and Order M10891 Nova Scotia Utility and Review Board In the matter of the Petroleum Products Pricing Act - and - In the matter of prescribing prices for petroleum products under

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Bruce H. Fisher, MPA, CPA, CMA, Member Decision and Order Under S. 16 of the Petroleum Products Pricing Regulations , the Board must prescribe a benchmark price for specified petroleum products every Friday. The benchmark price prescribed by the Board is the average of the average of the daily high and low reported product prices (in Canadian cents) since the last benchmark price adjustment for the petroleum product.

The Board must also prescribe retail mark-ups and calculate wholesale margins considering any factors the Board finds relevant, including transportation adjustments. The Board last set wholesale margins in its decision, 2021 NSUARB 146; retail mark-ups in its decision, 2021 NSUARB 50; and transportation adjustments in its decision, 2016 NSUARB 168. The Board also issued an Order on September 12, 2022 (2022 NSUARB 140), approving an adjustment mechanism to retail mark-ups for gasoline and diesel oil to account for the impact of credit card fees charged to retailers.

At each price setting, the Board may apply a forward-averaging correction, based on historical prices, to achieve revenue neutrality. At appropriate times of the year, the Board may also require an additional margin for winter blending of ultra-low-sulfur diesel oil. Based on the foregoing and other requirements in the Petroleum Products Pricing Act and regulations, the Board finds it appropriate to prescribe the benchmark prices and adjustments in Table “A,” the credit card fee retail mark-up adjustments in Table “B,” and the prices for petroleum products in

Schedule “A” effective on and after 12:01 A.M., December 9, 2022: Table “A” (cents per litre) Petroleum Product Benchmark Price Forward Averaging (+/-) Winter Blending Gasoline (Grade 1) 82.66 -3.20 600

N.S. Reg. 267/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 Gasoline (Grade 2) 85.66 Gasoline (Grade 3) 88.66 Ultra-Low-Sulfur Diesel Oil 108.62 -4.30 56.85 Table “B” (cents per litre) Credit Card Fee Retail Mark-up Adjustment Gasoline Minimum Self-Service and Full-Service +0.20 Gasoline Maximum Self-Service +0.20 Ultra-Low-Sulfur Diesel Minimum Self-Service and Full-Service +0.80 Ultra-Low-Sulfur Diesel Maximum Self-Service +0.80 Dated at Halifax, Nova Scotia, this 8th day of December, 2022. sgd. Crystal Henwood 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 December 9, 2022 Nova Scotia Petroleum Price

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

Wholesale Excise Selling Tax Price Tax Price Min Max Min Max Zone 1 Regular Unleaded 91.71 10.0 15.5 117.21 141.2 143.5 141.2 999.9 Mid-Grade Unleaded 94.71 10.0 15.5 120.21 144.7 147.0 144.7 999.9 Premium Unleaded 97.71 10.0 15.5 123.21 148.1 150.4 148.1 999.9 Ultra-Low-Sulfur Diesel 174.97 4.0 15.4 194.37 230.7 233.0 230.7 999.9 Zone 2 Regular Unleaded 92.21 10.0 15.5 117.71 141.8 144.1 141.8 999.9 Mid-Grade Unleaded 95.21 10.0 15.5 120.71 145.3 147.6 145.3 999.9 Premium Unleaded 98.21 10.0 15.5 123.71 148.7 151.0 148.7 999.9 Ultra-Low-Sulfur Diesel 175.47 4.0 15.4 194.87 231.2 233.5 231.2 999.9 Zone 3 Regular Unleaded 92.61 10.0 15.5 118.11 142.3 144.6 142.3 999.9 Mid-Grade Unleaded 95.61 10.0 15.5 121.11 145.7 148.0 145.7 999.9 Premium Unleaded 98.61 10.0 15.5 124.11 149.2 151.5 149.2 999.9 Ultra-Low-Sulfur Diesel 175.87 4.0 15.4 195.27 231.7 234.0 231.7 999.9 Zone 4 Regular Unleaded 92.71 10.0 15.5 118.21 142.4 144.7 142.4 999.9 Mid-Grade Unleaded 95.71 10.0 15.5 121.21 145.8 148.1 145.8 999.9 Premium Unleaded 98.71 10.0 15.5 124.21 149.3 151.6 149.3 999.9 Ultra-Low-Sulfur Diesel 175.97 4.0 15.4 195.37 231.8 234.1 231.8 999.9 601

N.S. Reg. 267/2022 - 268/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 Zone 5 Regular Unleaded 92.71 10.0 15.5 118.21 142.4 144.7 142.4 999.9 Mid-Grade Unleaded 95.71 10.0 15.5 121.21 145.8 148.1 145.8 999.9 Premium Unleaded 98.71 10.0 15.5 124.21 149.3 151.6 149.3 999.9 Ultra-Low-Sulfur Diesel 175.97 4.0 15.4 195.37 231.8 234.1 231.8 999.9 Zone 6 Regular Unleaded 93.41 10.0 15.5 118.91 143.2 145.5 143.2 999.9 Mid-Grade Unleaded 96.41 10.0 15.5 121.91 146.6 148.9 146.6 999.9 Premium Unleaded 99.41 10.0 15.5 124.91 150.1 152.4 150.1 999.9 Ultra-Low-Sulfur Diesel 176.67 4.0 15.4 196.07 232.6 234.9 232.6 999.9 N.S.

Reg. 268/2022 Made: November 16, 2022 Approved: December 9, 2022 Filed: December 9, 2022 Sackville River Wilderness Area Designation Order in Council 2022-293 dated December 9, 2022 Designation made by the Minister of Environment and Climate Change and approved by the Governor in Council pursuant to subsection 11(3) of the Wilderness Areas Protection Act The Governor in Council on the report and recommendation of the Minister of Environment and Climate Change and the Minister of Natural Resources and Renewables dated November 16, 2022, and pursuant to subsection 11(3) of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act, is pleased to approve the designation by the Minister of Environment and Climate Change of a wilderness area to be known as Sackville River Wilderness Area, in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after December 9, 2022.

Schedule “A” In the matter of

Section 11 of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act -and- In the matter of the designation of an area of Crown land in Halifax County to be known as Sackville River Wilderness Area I, Timothy Halman, Minister of Environment and Climate Change for the Province of Nova Scotia, pursuant to clause 11(3)(

a) of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act, hereby designate an area of Crown land in Halifax County, with approximate boundaries as shown on the map attached as Appendix A, as Sackville River Wilderness Area. The actual boundaries of the designated area shall be as described and shown on a description and plan signed by the Director of Surveys and deposited in the Provincial Crown Land Information Management Centre, formerly known as the Provincial Crown Lands Record Centre, as required by subsection 11(3) of the Act, the signed description and plan forming part of this designation. 602

N.S. Reg. 268/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 This designation is effective on and after the later of the date it is approved by the Governor in Council and the date the description and plan are deposited in the Provincial Crown Land Information Management Centre. Dated and made at Halifax Regional Municipality, Province of Nova Scotia, November 16, 2022. sgd. Timothy Halman Honourable Timothy Halman Minister of Environment and Climate Change 603

N.S. Reg. 268/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 Appendix A Map Showing Approximate Boundaries of Sackville River Wilderness Area 604

N.S. Reg. 269/2022 to 275/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 N.S. Reg. 269/2022 to 275/2022 Made: November 16, 2022 Approved: December 9, 2022 Filed: December 9, 2022 Various Wilderness Areas Designations of Additional Lands Order in Council 2022-294 dated December 9, 2022 Designation made by the Minister of Environment and Climate Change and approved by the Governor in Council pursuant to subsection 11(3) of the Wilderness Areas Protection Act The Governor in Council on the report and recommendation of the Minister of Environment and Climate Change and the Minister of Natural Resources and Renewables dated November 16, 2022, and pursuant to subsection 11(3) of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act (the “Act”), is pleased to approve the designation of additional land to the following seven wilderness areas by the Minister of Environment and Climate Change, effective on and after December 9, 2022: (

a) the addition of 96 hectares to Eastern Shore Islands Wilderness Area, originally designated by the Minister of Environment and approved by the Governor in Council by Order in Council 2015-196 dated June 16, 2015, N.S. Reg. 254/2015, in the manner set forth in

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

b) the addition of 5,495 hectares to Economy River Wilderness Area, originally designated in item 8 of

Schedule A to the Act, in the manner set forth in

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

c) the addition of 71 hectares to Eigg Mountain-James River Wilderness Area, originally designated by the Minister of Environment and Labour and approved by the Governor in Council by Order in Council 2005-165 dated April 22, 2005, N.S. Reg. 92/2005, in the manner set forth in

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

d) the addition of 430 hectares to Medway Lakes Wilderness Area, originally designated by the Minister of Environment and approved by the Governor in Council by Order in Council 2015-423 dated December 29, 2015, N.S. Reg. 423/2015, in the manner set forth in

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

e) the addition of 21 hectares to Middle River Framboise Wilderness Area, originally designated in item 16 of

Schedule A to the Act, in the manner set forth in

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

f) the addition of 974 hectares to Portapique River Wilderness Area, originally designated in item 20 of

Schedule A to the Act, in the manner set forth in

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

g) the addition of 65 hectares to Wentworth Valley Wilderness Area, originally designated by the Minister of Environment and approved by the Governor in Council by Order in Council 2018-301 dated November 26, 2018, N.S. Reg. 201/2018, in the manner set forth in

Schedule “G” attached to and forming part of the report and recommendation. 605

N.S. Reg. 269/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 N.S. Reg. 269/2022 Eastern Shore Islands Wilderness Area Designation of Additional Lands

Schedule “A” In the matter of

Section 11 of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act -and- In the matter of the designation of lands to be added to Eastern Shore Islands Wilderness Area I, Timothy Halman, Minister of Environment and Climate Change for the Province of Nova Scotia, pursuant to clause 11(3)(

b) of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act, hereby designate an area of Crown land in Halifax County, with approximate boundaries as shown on the map attached as Appendix A, as an addition to Eastern Shore Islands Wilderness Area, originally designated by Order in Council 2015-196 dated June 16, 2015, N.S. Reg. 254/2015.

The actual boundaries of the designated additional area shall be as described and shown on a description and plan signed by the Director of Surveys and deposited in the Provincial Crown Land Information Management Centre, formerly known as the Provincial Crown Lands Record Centre, the signed description and plan forming part of this designation. This designation of additional land is effective on and after the later of the date it is approved by the Governor in Council and the date the description and plan are deposited in the Provincial Crown Land Information Management Centre.

Dated and made at Halifax Regional Municipality, Province of Nova Scotia, November 16, 2022. sgd. Timothy Halman Honourable Timothy Halman Minister of Environment and Climate Change 606

N.S. Reg. 269/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 Appendix A Addition to Eastern Shore Islands Wilderness Area 607

N.S. Reg. 270/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 N.S. Reg. 270/2022 Economy River Wilderness Area Designation of Additional Lands

Schedule “B” In the matter of

Section 11 of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act -and- In the matter of the designation of lands to be added to Economy River Wilderness Area I, Timothy Halman, Minister of Environment and Climate Change for the Province of Nova Scotia, pursuant to clause 11(3)(

b) of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act, hereby designate an area of Crown land in Halifax County, with approximate boundaries as shown on the map attached as Appendix A, as an addition to Economy River Wilderness Area, originally designated in item 8 of

Schedule A to the Act. The actual boundaries of the designated additional area shall be as described and shown on a description and plan signed by the Director of Surveys and deposited in the Provincial Crown Land Information Management Centre, formerly known as the Provincial Crown Lands Record Centre, the signed description and plan forming part of this designation.

This designation is effective on and after the later of the date it is approved by the Governor in Council and the date the description and plan are deposited in the Provincial Crown Land Information Management Centre, except for the portion of land that was formerly subject to exploration licence numbered 09957 issued to Chilean Metals Inc. under the Mineral Resources Act (referred to in this Order as “excepted portion of land” and identified on the plan forming part of this designation as “potential protection subject to addressing mineral rights”).

This designation is effective for an excepted portion of land on and after the date the Minister of Environment and Climate Change publishes a notice in the Royal Gazette

Part I to that effect, which shall be done following the later of the following: (

a) the end of 1 year after the date of the Order in Council approving this designation; and (

b) the date any subsequent exploration licence issued under the Mineral Resources Act for the excepted portion of land within the 1-year period referred to in clause (a), or any valid continuation of the mineral right granted by that subsequent exploration licence, no longer applies to the excepted portion of land as a result of the surrender, abandonment, forfeiture, expiration, cancellation or termination of that subsequent exploration licence or continued mineral right. Dated and made at Halifax Regional Municipality, Province of Nova Scotia, November 16, 2022. sgd. Timothy Halman Honourable Timothy Halman Minister of Environment and Climate Change 608

N.S. Reg. 270/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 Appendix A Addition to the Economy River Wilderness Area 609

N.S. Reg. 271/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 N.S. Reg. 271/2022 Eigg Mountain-James River Wilderness Area Designation of Additional Lands

Schedule “C” In the matter of

Section 11 of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act -and- In the matter of the designation of lands to be added to Eigg Mountain-James River Wilderness Area I, Timothy Halman, Minister of Environment and Climate Change for the Province of Nova Scotia, pursuant to clause 11(3)(

b) of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act, hereby designate an area of Crown land in Halifax County, with approximate boundaries as shown on the map attached as Appendix A, as an addition to Eigg Mountain-James River Wilderness Area, originally designated by Order in Council 2005-165 dated April 22, 2005, N.S. Reg. 92/2005.

The actual boundaries of the designated additional area shall be as described and shown on a description and plan signed by the Director of Surveys and deposited in the Provincial Crown Land Information Management Centre, formerly known as the Provincial Crown Lands Record Centre, the signed description and plan forming part of this designation. This designation is effective on and after the later of the date it is approved by the Governor in Council and the date the description and plan are deposited in the Provincial Crown Land Information Management Centre.

Dated and made at Halifax Regional Municipality, Province of Nova Scotia, November 16, 2022. sgd. Timothy Halman Honourable Timothy Halman Minister of Environment and Climate Change 610

N.S. Reg. 271/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 Appendix A Addition to the Eigg Mountain-James Wilderness Area 611

N.S. Reg. 272/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 N.S. Reg. 272/2022 Medway Lakes Wilderness Area Designation of Additional Lands

Schedule “D” In the matter of

Section 11 of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act -and- In the matter of the designation of lands to be added to Medway Lakes Wilderness Area I, Timothy Halman, Minister of Environment and Climate Change for the Province of Nova Scotia, pursuant to clause 11(3)(

b) of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act, hereby designate an area of Crown land in Halifax County, with approximate boundaries as shown on the map attached as Appendix A, as an addition to Medway Lakes Wilderness Area, originally designated by Order in Council 2015-423 dated December 29, 2015, N.S. Reg. 423/2015.

The actual boundaries of the designated additional area shall be as described and shown on a description and plan signed by the Director of Surveys and deposited in the Provincial Crown Land Information Management Centre, formerly known as the Provincial Crown Lands Record Centre, the signed description and plan forming part of this designation. This designation is effective on and after the later of the date it is approved by the Governor in Council and the date the description and plan are deposited in the Provincial Crown Land Information Management Centre.

Dated and made at Halifax Regional Municipality, Province of Nova Scotia, November 16, 2022. sgd. Timothy Halman Honourable Timothy Halman Minister of Environment and Climate Change 612

N.S. Reg. 272/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 Appendix A Addition to the Medway Lakes Wilderness Area 613

N.S. Reg. 273/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 N.S. Reg. 273/2022 Middle River Framboise Wilderness Area Designation of Additional Lands

Schedule “E” In the matter of

Section 11 of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act -and- In the matter of the designation of lands to be added to Middle River Framboise Wilderness Area I, Timothy Halman, Minister of Environment and Climate Change for the Province of Nova Scotia, pursuant to clause 11(3)(

b) of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act, hereby designate an area of Crown land in Halifax County, with approximate boundaries as shown on the map attached as Appendix A, as an addition to Middle River Framboise Wilderness Area, originally designated in item 16 of

Schedule A to the Act. The actual boundaries of the designated additional area shall be as described and shown on a description and plan signed by the Director of Surveys and deposited in the Provincial Crown Land Information Management Centre, formerly known as the Provincial Crown Lands Record Centre, the signed description and plan forming part of this designation. This designation is effective on and after the later of the date it is approved by the Governor in Council and the date the description and plan are deposited in the Provincial Crown Land Information Management Centre.

Dated and made at Halifax Regional Municipality, Province of Nova Scotia, November 16, 2022. sgd. Timothy Halman Honourable Timothy Halman Minister of Environment and Climate Change 614

N.S. Reg. 273/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 Appendix A Addition to the Middle River Framboise Wilderness Area 615

N.S. Reg. 274/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 N.S. Reg. 274/2022 Portapique River Wilderness Area Designation of Additional Lands

Schedule “F” In the matter of

Section 11 of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act -and- In the matter of the designation of lands to be added to Portapique River Wilderness Area I, Timothy Halman, Minister of Environment and Climate Change for the Province of Nova Scotia, pursuant to clause 11(3)(

b) of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act, hereby designate an area of Crown land in Halifax County, with approximate boundaries as shown on the map attached as Appendix A, as an addition to Portapique River Wilderness Area, originally designated in item 20 of

Schedule A to the Act. The actual boundaries of the designated additional area shall be as described and shown on a description and plan signed by the Director of Surveys and deposited in the Provincial Crown Land Information Management Centre, formerly known as the Provincial Crown Lands Record Centre, the signed description and plan forming part of this designation.

This designation is effective on and after the later of the date it is approved by the Governor in Council and the date that the description and plan are deposited in the Provincial Crown Land Information Management Centre, except for the following portions of land (individually referred to in this Order as “excepted portion of land”): (

a) any portion of the land within the area identified on the plan forming part of this designation as “potential protection subject to addressing mineral rights” that was formerly subject to any of the following exploration licences (individually referred to in this Order as “exploration licence”): (

i) exploration licence number 09958 issued to Chilean Metals Inc. under the Mineral Resources Act, (ii) exploration licence number 10487 issued to Cogonov Inc. under the Mineral Resources Act, (iii) exploration licence 40081 issued to Cogonov Inc. under the Mineral Resources Act. This designation is effective for an excepted portion of land on and after the date the Minister of Environment and Climate Change publishes a notice in the Royal Gazette

Part I to that effect, which shall be done following the later of the following: (

a) the end of 3 years after the date of the Order in Council approving this designation; and (

b) the date any subsequent exploration licence issued under the Mineral Resources Act for the excepted portion of land within the 3-year period referred to in clause (a), or any valid continuation of the mineral right granted by that subsequent exploration licence, no longer applies to the excepted portion of land as a result of the surrender, abandonment, forfeiture, expiration, cancellation or termination of that subsequent exploration licence or continued mineral right. Dated and made at Halifax Regional Municipality, Province of Nova Scotia, November 16, 2022. 616

N.S. Reg. 274/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 sgd. Timothy Halman Honourable Timothy Halman Minister of Environment and Climate Change Appendix A Addition to the Portapique River Wilderness Area 617

N.S. Reg. 275/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 N.S. Reg. 275/2022 Wentworth Valley Wilderness Area Designation of Additional Lands

Schedule “G” In the matter of

Section 11 of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act -and- In the matter of the designation of lands to be added to Wentworth Valley Wilderness Area I, Timothy Halman, Minister of Environment and Climate Change for the Province of Nova Scotia, pursuant to clause 11(3)(

b) of

Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act, hereby designate an area of Crown land in Halifax County, with approximate boundaries as shown on the map attached as Appendix A, as an addition to Wentworth Valley Wilderness Area, originally designated by Order in Council 2018-301 dated November 26, 2018, N.S. Reg. 201/2018.

The actual boundaries of the designated additional area shall be as described and shown on a description and plan signed by the Director of Surveys and deposited in the Provincial Crown Land Information Management Centre, formerly known as the Provincial Crown Lands Record Centre, the signed description and plan forming part of this designation. This designation is effective on and after the later of the date it is approved by the Governor in Council and the date the description and plan are deposited in the Provincial Crown Land Information Management Centre.

Dated and made at Halifax Regional Municipality, Province of Nova Scotia, November 16, 2022 sgd. Timothy Halman Honourable Timothy Halman Minister of Environment and Climate Change 618

N.S. Reg. 275/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 Appendix A Addition to the Wentworth Valley Wilderness Area 619

N.S. Reg. 276/2022 to 281/2022 - 276/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 N.S. Reg. 276/2022 to 281/2022 Made: November 16, 2022 Approved: December 9, 2022 Filed: December 9, 2022 Various Nature Reserve Designations Order in Council 2022-295 dated December 9, 2022 Designation made by the Minister of Environment and Climate Change and approved by the Governor in Council pursuant to

Section 14 of the Special Places Protection Act The Governor in Council on the report and recommendation of the Minister of Environment and Climate Change and the Minister of Natural Resources and Renewables dated November 16, 2022, and pursuant to

Section 14 of

Chapter 438 of the Revised Statutes of Nova Scotia, 1989, the Special Places Protection Act, is pleased to approve the designation by the Minister of Environment and Climate Change, effective on and after December 9, 2022, of (

a) an ecological site to be known as Big Meadow Brook Nature Reserve, in the form set forth in

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

b) an ecological site to be known as Barneys River Nature Reserve, in the form set forth in

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

c) an ecological site to be known as Cherry Hill Beach Nature Reserve, in the form set forth in

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

d) an ecological site to be known as Glendyer Nature Reserve, in the form set forth in

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

e) an ecological site to be known as Les Caps Nature Reserve, in the form set forth in

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

f) an ecological site to be known as Porcupine Brook Nature Reserve, in the form set forth in

Schedule “F” attached to and forming part of the report and recommendation. N.S. Reg. 276/2022 Big Meadow Brook Nature Reserve Designation

Schedule “A” In the matter of

Section 14 of

Chapter 438 of the Revised Statutes of Nova Scotia, 1989, the Special Places Protection Act -and- In the matter of the designation of an ecological site near Shortts Lake, Colchester County to be known as Big Meadow Brook Nature Reserve I, Timothy Halman, Minister of Environment and Climate Change for the Province of Nova Scotia, pursuant to

Section 14 of

Chapter 438 of the Revised Statutes of Nova Scotia, 1989, the Special Places Protection Act, 620

N.S. Reg. 276/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 hereby designate the area of land described in Appendix A and shown on the map attached as Appendix B as an ecological site to be known as Big Meadow Brook Nature Reserve. Pursuant to subsection 14(3) of the Act, this designation is effective on and after the date it is published in the Royal Gazette. In accordance with subsection 14(6) of the Act, this designation will be registered in the registry of deeds office for the registration district in which the lands are situated. Dated and made at Halifax Regional Municipality, Province of Nova Scotia, November 16, 2022. sgd.

Timothy Halman Honourable Timothy Halman Minister of Environment and Climate Change Appendix A Description of Big Meadow Brook Nature Reserve PARCEL P-025/21 ALL and singular that certain lot, piece or parcel of land located at Shortts Lake in the County of Colchester, Province of Nova Scotia, shown outlined in bold as Big Meadow Brook Nature Reserve on Field Plot P-025/21, filed at the Surveys Division of the Department of Natural Resources and Renewables, Halifax, Nova Scotia, and containing an area of 111 hectares more or less.

BEGINNING at Crown Survey Marker CL633, being situate on the northern boundary of PID 20076535 and at the southeastern corner of PID 20158598; THENCE in a northwesterly direction along the eastern boundary line of PID 20158598, to a point situate on the eastern boundary of a transmission line right of way; THENCE in a northerly direction along the eastern boundary of said transmission line right of way, to a point situate on a southern boundary of PID 20326336; THENCE in a easterly direction along the southerly boundary of PID 20326336 to Crown Survey Marker CL635, being situate on a southeast corner of PID 20326336; THENCE in a northerly direction along the easterly boundary of PID 20326336 to Crown Survey Marker CL636, being situate on a southern boundary of PID 20326336; THENCE in a easterly direction along said southern boundary of PID 20326336, and along the southern boundary of PID 20076642, to a point, said point being on the western boundary deemed to be maximum flood zone; THENCE in a southerly direction along the various courses of the boundary shown as the maximum flood zone, to a point being situate on a northern boundary of PID 20074233; THENCE in a westerly direction along said northern boundary of PID 20074233, and along a portion of the northern boundary of PID 20076535, to Crown Survey Marker CL633 and the PLACE OF BEGINNING.

CONTAINING 111 hectares, more or less. 621

N.S. Reg. 276/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 PARCEL P-025/21-1 ALL and singular that certain lot, piece or parcel of land located at Shortts Lake in the County of Colchester, Province of Nova Scotia, shown outlined in bold as Big Meadow Brook Nature Reserve on Field Plot P-025/21, filed at the Surveys Division of the Department of Natural Resources and Renewables, Halifax, Nova Scotia, and containing an area of 173 hectares more or less.

BEGINNING at Crown Survey Marker CL638, being situate on the southern boundary of PID 20207148; THENCE in a easterly direction along said southern boundary of PID 20207148 and along the southern boundary of PID 20015319, to Crown Survey Marker CL639, being situate on the northwestern corner of PID 20253035; THENCE in a southerly direction along the western boundaries of PID 20253035, 20253027, 20074670, and 20122586, to Crown Survey Marker CL629, being situate on the northern boundary of PID 20074449; THENCE in a westerly direction along said northern boundary of PID 20074449 and along the northern boundary of PID 20429668 to Crown Survey Marker CL630, being situate at the northwestern corner of PID 20429668; THENCE in a southerly direction along the western boundary of PID 20429668 and 20436432, and along a western boundary of PID 20074233, to Crown Survey Marker CL631; THENCE in a westerly direction along the northern boundary of PID 20074233 to Crown Survey Marker CL632; THENCE in a westerly direction along the northern boundary of PID 20074233, to a point on the eastern boundary deemed to be the maximum flood zone; THENCE in a northeasterly direction along the various courses of the boundary of said maximum flood zone, to a point on the eastern boundary of PID 20076642; THENCE in a northerly direction along the eastern boundary of PID 20076642 to Crown Survey Marker CL638, being the PLACE OF BEGINNING.

CONTAINING 173 hectares, more or less. 622

N.S. Reg. 276/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 Appendix B Map of Big Meadow Brook Nature Reserve 623

N.S. Reg. 277/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 N.S. Reg. 277/2022 Barneys River Nature Reserve Designation

Schedule “B” In the matter of

Section 14 of

Chapter 438 of the Revised Statutes of Nova Scotia, 1989, the Special Places Protection Act -and- In the matter of the designation of an ecological site near Barneys River Station and Indian Lake, Pictou County to be known as Barneys River Nature Reserve I, Timothy Halman, Minister of Environment and Climate Change for the Province of Nova Scotia, pursuant to

Section 14 of

Chapter 438 of the Revised Statutes of Nova Scotia, 1989, the Special Places Protection Act, hereby designate the area of land described in Appendix A and shown on the map attached as Appendix B as an ecological site to be known as Barneys River Nature Reserve. Pursuant to subsection 14(3) of the Act, this designation is effective on and after the date it is published in the Royal Gazette. In accordance with subsection 14(6) of the Act, this designation will be registered in the registry of deeds office for the registration district in which the lands are situated.

Dated and made at Halifax Regional Municipality, Province of Nova Scotia, November 16, 2022. sgd.

Timothy Halman Honourable Timothy Halman Minister of Environment and Climate Change Appendix A Description of Barneys River Nature Reserve ALL and singular that certain lot, piece or parcel of land and land covered by water located at Barneys River Station and Indian Lake in the County of Pictou, Province of Nova Scotia, shown outlined in bold as Barneys River Nature Reserve on Field Plot P-055/15, filed at the Surveys Division of the Department of Natural Resources and Renewables, Halifax, Nova Scotia, and containing an area of 567 hectares more or less. 624

N.S. Reg. 277/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 Appendix B Map of Barneys River Nature Reserve 625

N.S. Reg. 278/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 N.S. Reg. 278/2022 Cherry Hill Beach Nature Reserve Designation

Schedule “C” In the matter of

Section 14 of

Chapter 438 of the Revised Statutes of Nova Scotia, 1989, the Special Places Protection Act -and- In the matter of the designation of an ecological site at Cherry Hill, Lunenburg County to be known as Cherry Hill Beach Nature Reserve I, Timothy Halman, Minister of Environment and Climate Change for the Province of Nova Scotia, pursuant to

Section 14 of

Chapter 438 of the Revised Statutes of Nova Scotia, 1989, the Special Places Protection Act, hereby designate the area of land described in Appendix A and shown on the map attached as Appendix B as an ecological site to be known as Cherry Hill Beach Nature Reserve. Pursuant to subsection 14(3) of the Act, this designation is effective on and after the date it is published in the Royal Gazette. In accordance with subsection 14(6) of the Act, this designation will be registered in the registry of deeds office for the registration district in which the lands are situated.

Dated and made at Halifax Regional Municipality, Province of Nova Scotia, November 16, 2022. sgd.

Timothy Halman Honourable Timothy Halman Minister of Environment and Climate Change Appendix A Description of Cherry Hill Beach Nature Reserve ALL and singular that certain lot, piece or parcel of land and land covered by water located at Cherry Hill in the County of Lunenburg, Province of Nova Scotia, shown outlined in bold as Cherry Hill Beach Nature Reserve on Field Plot P-078/21, filed at the Surveys Division of the Department of Natural Resources and Renewables, Halifax, Nova Scotia, and containing an area of 27 hectares more or less. 626

N.S. Reg. 278/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 Appendix B Map of Cherry Hill Beach Nature Reserve 627

N.S. Reg. 279/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 N.S. Reg. 279/2022 Glendyer Nature Reserve Designation

Schedule “D” In the matter of

Section 14 of

Chapter 438 of the Revised Statutes of Nova Scotia, 1989, the Special Places Protection Act -and- In the matter of the designation of an ecological site near Melrose Hill, Inverness County to be known as Glendyer Nature Reserve I, Timothy Halman, Minister of Environment and Climate Change for the Province of Nova Scotia, pursuant to

Section 14 of

Chapter 438 of the Revised Statutes of Nova Scotia, 1989, the Special Places Protection Act, hereby designate the area of land described in Appendix A and shown on the map attached as Appendix B as an ecological site to be known as Glendyer Nature Reserve. Pursuant to subsection 14(3) of the Act, this designation is effective on and after the date it is published in the Royal Gazette. In accordance with subsection 14(6) of the Act, this designation will be registered in the registry of deeds office for the registration district in which the lands are situated.

Dated and made at Halifax Regional Municipality, Province of Nova Scotia, November 16, 2022. sgd. Timothy Halman Honourable Timothy Halman Minister of Environment and Climate Change Appendix A Description of Glendyer Nature Reserve ALL and singular that certain lot, piece or parcel of land located at Melrose Hill, Hillsboro in the County of Inverness, Province of Nova Scotia, shown outlined in bold as Glendyer Nature Reserve on Field Plot P- 060/21, filed at the Surveys Division of the Department of Natural Resources and Renewables, Halifax, Nova Scotia, and containing an area of 276 hectares more or less. 628

N.S. Reg. 279/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 Appendix B Map of Glendyer Nature Reserve 629

N.S. Reg. 280/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 N.S. Reg. 280/2022 Les Caps Nature Reserve Designation

Schedule “E” In the matter of

Section 14 of

Chapter 438 of the Revised Statutes of Nova Scotia, 1989, the Special Places Protection Act -and- In the matter of the designation of an ecological site on Cheticamp Island, Inverness County to be known as Les Caps Nature Reserve I, Timothy Halman, Minister of Environment and Climate Change for the Province of Nova Scotia, pursuant to

Section 14 of

Chapter 438 of the Revised Statutes of Nova Scotia, 1989, the Special Places Protection Act, hereby designate the area of land described in Appendix A and shown on the map attached as Appendix B as an ecological site to be known as Les Caps Nature Reserve. Pursuant to subsection 14(3) of the Act, this designation is effective on and after the date it is published in the Royal Gazette. In accordance with subsection 14(6) of the Act, this designation will be registered in the registry of deeds office for the registration district in which the lands are situated.

Dated and made at Halifax Regional Municipality, Province of Nova Scotia, November 16, 2022. sgd. Timothy Halman Honourable Timothy Halman Minister of Environment and Climate Change Appendix A Description of Les Cap Nature Reserve ALL and singular that certain lot, piece, or parcel of land located at La Pointe, Chéticamp Island in the County of Inverness, Province of Nova Scotia, shown outlined in bold as Les Caps Nature Reserve on Field Plot P- 106/16, filed at the Surveys Division of the Department of Natural Resources and Renewables, Halifax, Nova Scotia, and containing an area of 22 hectares more or less. 630

N.S. Reg. 280/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 Appendix B Map of Les Cap Nature Reserve 631

N.S. Reg. 281/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 N.S. Reg. 281/2022 Porcupine Brook Nature Reserve Designation

Schedule “F” In the matter of

Section 14 of

Chapter 438 of the Revised Statutes of Nova Scotia, 1989, the Special Places Protection Act -and- In the matter of the designation of an ecological site at Porcupine Lake, Annapolis County to be known as Porcupine Brook Nature Reserve I, Timothy Halman, Minister of Environment and Climate Change for the Province of Nova Scotia, pursuant to

Section 14 of

Chapter 438 of the Revised Statutes of Nova Scotia, 1989, the Special Places Protection Act, hereby designate the area of land described in Appendix A and shown on the map attached as Appendix B as an ecological site to be known as Porcupine Brook Nature Reserve. Pursuant to subsection 14(3) of the Act, this designation is effective on and after the date it is published in the Royal Gazette. In accordance with subsection 14(6) of the Act, this designation will be registered in the registry of deeds office for the registration district in which the lands are situated.

Dated and made at Halifax Regional Municipality, Province of Nova Scotia, November 16, 2022. sgd. Timothy Halman Honourable Timothy Halman Minister of Environment and Climate Change Appendix A Description of Porcupine Brook Nature Reserve ALL and singular that certain lot, piece, or parcel of land located at Medway in the County of Annapolis, Province of Nova Scotia, shown outlined in bold as Porcupine Brook Nature Reserve on Field Plot P-059/21, filed at the Surveys Division of the Department of Natural Resources and Renewables, Halifax, Nova Scotia, and containing an area of 238 hectares more or less. 632

N.S. Reg. 281/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 Appendix B Map of Porcupine Brook Nature Reserve 633

N.S. Reg. 282/2022 to 317/2022 - 291/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 N.S. Reg. 282/2022 to 317/2022 Made: December 13, 2022 Filed: December 13, 2022 Repeal of various regulations under the Housing Act and Housing Nova Scotia Act Order in Council 2022-299 dated December 13, 2022 Repeal of regulations made by the Governor in Council pursuant to

Section 26 of the Housing Act and

Section 13 of the Housing Nova Scotia Act The Governor in Council on the report and recommendation of the Minister of Municipal Affairs and Housing dated November 30, 2022, is pleased to, (

a) pursuant to

Section 26 of

Chapter 211 of the Revised Statutes of Nova Scotia, 1989, the Housing Act, and (

i) effective on and after December 13, 2022, repeal the following regulations: (

A) regulations respecting the apartment conversion program, N.S. Reg. 86/1979, made by the Governor in Council by Order in Council 79-673 dated June 5, 1979, [N.S. Reg. 282/2022] (

B) regulations respecting the apartment creation program, N.S. Reg. 170/1986, made by the Governor in Council by Order in Council 86-833 dated July 15, 1986, [N.S. Reg. 283/2022] (

C) regulations respecting the assisted home ownership-co-operative program, N.S. Reg. 113/1974, made by the Governor in Council by Order in Council 74-76 dated January 22, 1974, [N.S. Reg. 284/2022] (

D) regulations respecting the Chameleon housing co-operative program, N.S. Reg. 85/1983, made by the Governor in Council by Order in Council 82-733 dated June 15, 1982, [N.S. Reg. 285/2022] (

E) regulations respecting contractor security, N.S. Reg. 30/1969, made by the Governor in Council by Order in Council 69-396 dated May 6, 1969, [N.S. Reg. 286/2022] (

F) regulations respecting co-operative housing, N.S. Reg. 84/1971, made by the Governor in Council by Order in Council 71-286 dated March 30, 1971, [N.S. Reg. 287/2022] (

G) regulations respecting the family benefits housing program, N.S. Reg. 172/1986, made by the Governor in Council by Order in Council 86-835 dated July 15, 1986, [N.S. Reg. 288/2022] (

H) regulations respecting feasibility studies, N.S. Reg. 28/1970, made by the Governor in Council by Order in Council 70-481 dated May 22, 1970, [N.S. Reg. 289/2022] (

I) regulations respecting financial assistance to the Atlantic Baptist Senior Citizens’ Home Incorporated, N.S. Reg. 125/1988, made by the Governor in Council by Order in Council 88-595 dated May 31, 1988, [N.S. Reg. 290/2022] (

J) regulations respecting the home insulation loan program, N.S. Reg. 10/1977, made by the Governor in Council by Order in Council 77-205 dated March 1, 1977, [N.S. Reg. 291/2022] 634

N.S. Reg. 292/2022 - 305/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 (

K) regulations respecting the housing development board, N.S. Reg. 238/1983, made by the Governor in Council by Order in Council 83-1296 dated November 8, 1983, [N.S. Reg. 292/2022] (

L) regulations respecting the operation of the new home mortgage program, N.S. Reg. 83/1981, made by the Governor in Council by Order in Council 81-702 dated May 26, 1981, [N.S. Reg. 293/2022] (

M) regulations respecting loans by the Minister of Housing for interim financing to new non-profit housing construction projects, N.S. Reg. 264/1987, made by the Governor in Council by Order in Council 87-1539 dated December 15, 1987, [N.S. Reg. 294/2022] (

N) regulations respecting the prescribing of forms and transitional provisions, N.S. Reg. 238/1983, made by the Governor in Council by Order in Council 83-1296 dated November 8, 1983, [N.S. Reg. 295/2022] (

O) regulations respecting the Preston area housing fund, N.S. Reg. 93/1982, made by the Governor in Council by Order in Council 82-549 dated April 27, 1982, [N.S. Reg. 296/2022] (

P) regulations respecting the private sector second mortgage housing program, N.S. Reg. 204/1987, made by the Governor in Council by Order in Council 87-1174 dated September 24, 1987, [N.S. Reg. 297/2022] (

Q) regulations respecting the replacement reserve fund, N.S. Reg. 238/1983, made by the Governor in Council by Order in Council 83-1296 dated November 8, 1983, [N.S. Reg. 298/2022] (

R) regulations respecting a sanitary sewer systems study of Sackville and Cole Harbour, N.S. Reg. 155/1981, made by the Governor in Council by Order in Council 81-1363 dated November 3, 1981, [N.S. Reg. 299/2022] (

S) regulations respecting the second mortgage program, N.S. Reg. 171/1986, made by the Governor in Council by Order in Council 86-834 dated July 15, 1986, [N.S. Reg. 300/2022] (

T) regulations respecting the self-help housing program, N.S. Reg. 52/1977, made by the Governor in Council by Order in Council 77-683 dated June 14, 1977, [N.S. Reg. 301/2022] (

U) regulations respecting the provincial self-help housing program, N.S. Reg. 278/1984, made by the Governor in Council by Order in Council 84-1342 dated November 20, 1984, [N.S. Reg. 302/2022] (

V) regulations respecting the shell housing program, N.S. Reg. 173/1986, made by the Governor in Council by Order in Council 86-836 dated July 15, 1986, [N.S. Reg. 303/2022] (

W) regulations respecting the designation of Minister of Housing, N.S. Reg. 238/1983, made by the Governor in Council by Order in Council 83-1296 dated November 8, 1983, and [N.S. Reg. 304/2022] (

X) regulations respecting the execution of documents by the Minister, N.S. Reg. 238/1983, made by the Governor in Council by Order in Council 83-1296 dated November 8, 1983, [N.S. Reg. 305/2022] 635

N.S. Reg. 306/2022 - 317/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 (ii) effective on and after December 31, 2022, repeal the following regulations: (

A) regulations respecting the Access-A-Home program, N.S. Reg. 154/1993, made by the Governor in Council by Order in Council 93-836 dated October 19, 1993, [N.S. Reg. 306/2022] (

B) the Down Payment Assistance Program Regulations, N.S. Reg. 88/2017, made by the Governor in Council by Order in Council 2017-155 dated April 27, 2017, [N.S. Reg. 307/2022] (

C) regulations respecting the family modest housing program, N.S. Reg. 220/1987, made by the Governor in Council by Order in Council 87-1257 dated October 14, 1987, [N.S. Reg. 308/2022] (

D) regulations respecting the parent apartment program, N.S. Reg. 169/1993, made by the Governor in Council by Order in Council 93-903 dated November 16, 1993, [N.S. Reg. 309/2022] (

E) the Provincial Housing Emergency Repair Program Regulations , N.S. Reg. 161/2010, made by the Governor in Council by Order in Council 2010-401 dated November 2, 2010, [N.S. Reg. 310/2022] (

F) the Senior Citizens Assistance Program Regulations , N.S. Reg. 162/2010, made by the Governor in Council by Order in Council 2010-402 dated November 2, 2010, and [N.S. Reg. 311/2022] (

G) regulations respecting the small loans assistance program, N.S. Reg. 89/1984, made by the Governor in Council by Order in Council 84-467 dated April 17, 1984, [N.S. Reg. 312/2022] (iii) effective on and after April 1, 2023, repeal the following regulations: (

A) the First Mortgage Insurance Fund Regulations , N.S. Reg. 342/1990, made by the Governor in Council by Order in Council 90-1456 dated December 18, 1990, [N.S. Reg. 313/2022] (

B) the Second Mortgage Insurance Fund Regulations , N.S. Reg. 203/1987, made by the Governor in Council by Order in Council 87-1173 dated September 24, 1987, and [N.S. Reg. 314/2022] (

C) regulations respecting the housing financial assistance program, N.S. Reg. 132/1989, made by the Governor in Council by Order in Council 89-788 dated July 11, 1989; and [N.S. Reg. 315/2022] (

b) pursuant to

Section 13 of

Chapter 213 of the Revised Statutes of Nova Scotia, 1989, the Housing Nova Scotia Act, and (

i) effective on and after December 31, 2022, repeal the Child Care Assistance Regulations, N.S. Reg. 442/2008, made by the Governor in Council by Order in Council 2008-638 dated December 9, 2008, and [N.S. Reg. 316/2022] (ii) effective on and after the date that

Section 54 of

Chapter 36 of the Acts of 2022, the Housing Supply and Services Act, is proclaimed, repeal the Housing Nova Scotia Regulations, N.S. Reg. 210/1986, made by the Governor in Council by Order in Council 86-925 dated July 29, 1986. [N.S. Reg. 317/2022] 636

N.S. Reg. 318/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 N.S. Reg. 318/2022 Made: December 13, 2022 Filed: December 13, 2022 Proclamation of amendments to Act, S. 17, S.N.S. 2021, c. 36 –S. 2, 3(1), 4, 5, 6(1), 8, 9, 12 and 13 Order in Council 2022-305 dated December 13, 2022 Proclamation made by the Governor in Council pursuant to

Section 17 of

An Act to Amend

Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Internal Services dated November 20, 2022, pursuant to

Section 17 of

Chapter 36 of the Acts of 2021,

An Act to Amend

Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act , is pleased to order and declare by proclamation that

Section 2, subsection 3(1), Sections 4 and 5, subsection 6(1) and Sections 8, 9, 12 and 13 of

Chapter 36 of the Acts of 2021,

An Act to Amend

Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act, do come into force on and not before February 3, 2023. L.S. Canada Province of Nova Scotia Charles the Third, by the Grace of God, of the United Kingdom, Canada, and His Other Realms and Territories, KING, Head of the Commonwealth, Defender of the Faith. To all [to] whom these presents shall come, or whom the same may in any wise concern, Greeting! A Proclamation

Whereas in and by

Section 17 of

Chapter 36 of the Acts of 2021,

An Act to Amend

Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act , it is enacted as follows: 17

Section 2, subsection 3(1), Sections 4 and 5, subsection 6(1) and Sections 8 to 13 come into force on such day as the Governor in Council orders and declares by proclamation. And

Whereas it is deemed expedient that

Section 2, subsection 3(1), Sections 4 and 5, subsection 6(1) and Sections 8, 9, 12 and 13 of

Chapter 36 of the Acts of 2021,

An Act to Amend

Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act , do come into force on and not before February 3, 2023; Now Know Ye That We, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Section 2, subsection 3(1), Sections 4 and 5, subsection 6(1) and Sections 8, 9, 12 and 13 of

Chapter 36 of the Acts of 2021,

An Act to Amend

Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act, do come into force on and not before February 3, 2023, 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, Arthur J. LeBlanc, Chancellor of Our Order of Nova Scotia, one of Our Counsel learned in the law in the Province of Nova Scotia, Lieutenant Governor in and of Our Province of Nova Scotia. 637

N.S. Reg. 318/2022 - 319/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 Given at Our Government House in the Halifax Regional Municipality, this 13th day of December in the year of Our Lord two thousand and twenty-two and in the First year of Our Reign. By Command: PROVINCIAL SECRETARY ATTORNEY GENERAL AND MINISTER OF JUSTICE N.S. Reg. 319/2022 Made: December 13, 2022 Filed: December 13, 2022 Residential Tenancies Regulations–amendment Order in Council 2022-306 dated December 13, 2022 Amendment to regulations made by the Governor in Council pursuant to

Section 26 of the Residential Tenancies Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Internal Services dated November 20, 2022, and pursuant to

Section 26 of

Chapter 401 of the Revised Statutes of Nova Scotia, 1989, the Residential Tenancies Act, is pleased to amend the Residential Tenancies Regulations, N.S. Reg. 190/1989, made by the Governor in Council by Order in Council 89-1118 dated September 26, 1989, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after February 3, 2023.

Schedule “A” Amendment to the Residential Tenancies Regulations made by the Governor in Council under

Section 26 of

Chapter 401 of the Revised Statutes of Nova Scotia, 1989, the Residential Tenancies Act 1 The Residential Tenancies Regulations, N.S. Reg. 190/1989, made by the Governor in Council by Order in Council 89-1118 dated September 26, 1989, are amended by adding the following

Section immediately after

Section 4: Tenant’s notice to quit under

Section 10AE of Act where tenant has received notice of rent increase 4AA A notice to quit given by a tenant to the landlord under

Section 10AE of the Act where the tenant has received notice of a rent increase must be in Form C1: Tenant’s Notice to Quit Where Tenant Has Received Notice of Rent Increase. 2

(1) The heading immediately before

Section 4B of the regulations is amended by adding “or breach of subsection 9B(1) of Act” immediately after “condition”.

(2) Section 4B of the regulations is amended by (

a) adding “or breach of subsection 9B(1) of the Act” immediately after “condition”; and (

b) adding “or Subsection 9B(1) of the Act” immediately after “Condition”. 638

__________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 3 N.S. Reg. 319/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 The table of prescribed forms in

Section 35 of the regulations is amended by (

a) adding the following row immediately after the row for Form C: C1 Tenant’s notice to quit under

Section 10AE of Act where tenant has received notice of rent increase (

b) adding “or breach of subsection 9B(1) of Act” immediately after “condition” in the row for Form E. 4 The regulations are further amended by adding the attached Form C1: Tenant’s Notice to Quit Where Tenant Has Received Notice of Rent Increase immediately after Form C. 5 The regulations are further amended by repealing Form D: Landlord’s Notice to Quit for Rental Arrears and substituting the attached Form D. 6 Form E: Landlord’s Notice to Quit—Breach of Statutory Condition of the regulations is amended by (

a) in the form title, adding “or Subsection 9B(1) of the Act” immediately after “Condition”; and (

b) adding the following checkbox immediately above the line beginning “Date:”: ~ Failure to obtain consent of landlord to assign, sublet or otherwise part with possession of the residential premises (subsection 9B(1) of the Act) Details: _____________________________________________________ 7 Form G: Tenant’s Notice to Quit—Early Termination of Tenancy of the regulations is amended under the heading “Certificate of Service” by striking out “properly addressed and” in both places where it appears. 8 Form J: Application to Director of the regulations is amended under the heading “If the Applicant is the landlord:” by striking out “[ ] Termination of tenancy and vacant possession” and substituting the following: [ ] Termination of tenancy and vacant possession for the purpose of renovations or making repairs or demolition of the residential premises [ ] Termination of tenancy and vacant possession for any other reason (specify) 9 Form K: Application to Director—Rental Arrears of the regulations is amended under the heading “Certificate of Service of Notice to Quit for Rental Arrears” by striking out “properly addressed and” in both places where it appears. 10 Form L: Affidavit of Service of the regulations is amended by striking out “properly addressed and” in both places where it appears. 11 Form L1: Certificate of Service of the regulations is amended by striking out “properly addressed and” in both places where it appears. 639

N.S. Reg. 319/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 12 Form M: Notice of Rent Increase for Manufactured Home Space of the regulations is amended in the shaded box with the heading “Landlord: Please Note” by adding “Service must take place at least 7 months before the tenant’s anniversary date.” immediately after “subsection 15(2) of the Act.” 13 Form N: Application to Director—Rent Increase Greater Than Annual Allowable Rent Increase Amount of the regulations is amended under the heading “Certificate of Service” by striking out “properly addressed and” in both places where it appears. 14

(1) Item 11 of Form P: Standard Form of Lease of the regulations is amended by (

a) striking out “The rent may be increased on the anniversary date only” and substituting “The landlord shall not give a notice of rent increase that provides for a different rent increase amount if the lease is renewed for a different type of term”; (

b) striking out “anniversary date of” in clause (

a) and substituting “effective date of the increase for”; and (

c) striking out “anniversary date of” in clause (

b) and substituting “effective date of the increase for”.

(2) Item 19 of Form P: Standard Form of Lease of the regulations is amended by adding “OR if the tenant receives a notice of rent increase, at least 3 full months before the effective date of the rent increase” immediately after “(a year for this purpose begins on the anniversary date)”.

(3) Form P: Standard Form of Lease of the regulations is further amended by striking out the box with the heading “TENANTS: GIVING NOTICE” and substituting the following box: TENANTS: GIVING NOTICE IF YOU WISH TO TERMINATE A YEAR-TO-YEAR LEASE AT THE END OF THE LEASE TERM, the law requires that you must give at least 3 months’ written notice on or before _____________________________________ (notice date—3 months prior to anniversary date) . Otherwise, the lease will automatically be renewed for another year.

IF YOU ARE IN A YEAR-TO-YEAR LEASE AND YOU RECEIVE A NOTICE OF RENT INCREASE FROM YOUR LANDLORD, you may terminate the lease by giving at least 3 months’ written notice before the effective date of the rent increase. IF YOU WISH TO TERMINATE A MONTH-TO-MONTH LEASE OR A MANUFACTURED HOME SPACE LEASE, you must give at least 1 full month’s written notice before the expiration of any such month. IF YOU WISH TO TERMINATE A WEEKLY TENANCY, you must give 1 full week’s written notice before the expiration of any such week.

(4) Form P: Standard Form of Lease of the regulations is further amended by striking out Statutory Condition 7. under the heading “Schedule A: Statutory Conditions” and substituting the following Statutory Conditions: 640

N.S. Reg. 319/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 7. Notice of Entry - A landlord may enter the premises if the landlord has given the tenant notice of entry that (

a) is in writing; (

b) states the purpose of entry, which must be reasonable; (

c) states the date and time of the entry, which must be between 8 a.m. and 8 p.m., unless the tenant agrees to a different time; (

d) is given by the landlord to the tenant at least 24 hours and not more than 30 days before the day of entry; and (

e) is delivered (

i) using a method set out in subsection 15(2) of the Act; or (ii) by text sent to a telephone number provided by the tenant for the landlord to provide notice of entry. 7A. Entry without Written Notice - A landlord shall not enter the premises without written notice unless (

a) there is an emergency and the entry is necessary to protect life or property; (

b) the tenant gives consent at the time of entry; (

c) the tenant gives consent not more than thirty days before the entry; or (

d) the tenant reasonably appears to have abandoned the residential premises. 641

N.S. Reg. 319/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 Form C1: Tenant’s Notice to Quit Where Tenant Has Received Notice of Rent Increase (under

Section 10AE of the Residential Tenancies Act) To: Landlord’s name: _______________________________________________________ Tenant’s name: ____________________________________________________________ Address of residential premises: ______________________________________________ My tenancy is a year-to-year tenancy and I have received a notice of rent increase dated ___________________ (date: month/day/year) to become effective on __________________ (date: month/day/year) I give notice that I am terminating my tenancy on ________________ (date: month/day/year) Important Information This notice must be given at least 3 months before the effective date of the rent increase, and must be given before the day of the month that rent is payable under the lease.

Security deposit return: (check one) G I will make arrangements at a future time for the return of my security deposit. G Please return my security deposit to me at the forwarding address below: (street number, street name, apt. number) (city/town) (province) (postal code) Date: Tenant’s signature: Tenant’s name: (print) Tenant: Keep a copy of this form for your records . 642

N.S. Reg. 319/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 Form D: Landlord’s Notice to Quit for Rental Arrears (under subsection 10(6) of the Residential Tenancies Act) To: Tenant’s name(s): __________________________________________ Important Information for Tenants No later than 15 days after receiving this Notice to Quit, you may: (

a) pay the landlord the total rental arrears shown above. If you do so, this Notice to Quit is void and of no effect. OR (

b) apply to the Director for an order setting aside this Notice to Quit by filing an Application to Director in Form J. You may obtain a copy of the Application to Director form at an Access Nova Scotia office or on the Service Nova Scotia website.

If you do not pay the rental arrears or file an Application by the end of the 15th day after receiving this Notice to Quit, your tenancy is terminated and you must vacate the premises by the termination date shown above, and your landlord may apply to the Director for any one or more of the following: • an order for you to vacate the premises; • an order requiring you to pay your landlord any rent owing for the month in which this Notice to Quit was given to you and any rental arrears for previous months; • an order permitting your landlord to retain your security deposit and interest to be applied against any rent found to be owing and in arrears.

The Director is authorized to make the order without holding a hearing. (See subsections 10(6A), 10(6B), 10(6C), 10(6D) and 10(6E) of the Act) Address of residential premises: __________________________________________ Your tenancy is terminated on ____________________ (termination date: month/day/year) and you must vacate the residential premises by that date for the following reason: Your rent was 15 days overdue as of ________________. Your monthly rent payment of $___________ was due on ________________.

You owe total rental arrears of $__________, calculated as follows: Rent Period Rent Owing $ Rent Paid $ Rental Arrears $ From: To: 643

N.S. Reg. 319/2022 - 320/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 Total Rental Arrears Owing $ Date: Landlord’s name: Landlord’s civic address: (print) (street number) (street name) Landlord’s signature: (city/town) (province) Tenants Please Note: If you make an Application to the Director for an order setting aside this Notice to Quit and the Director decides not to set aside this Notice to Quit, the Director may order one or more of the following: • an order for you to vacate the premises; • an order requiring you to pay your landlord any rent owing for the month in which this Notice to Quit was given to you and any rental arrears for previous months; • an order permitting your landlord to retain your security deposit and interest to be applied against any rent found to be owing and in arrears. (See subsection 10(6BA) of the Act) Landlord: keep a copy of this notice for your records.

N.S. Reg. 320/2022 Made: October 3, 2022 and December 13, 2022 Filed: December 13, 2022 Prosthetic Devices Tariffs Regulations–amendment Order in Council 2022-307 dated December 13, 2022 Amendment to regulations made by the Minister of Health and Wellness and the Governor in Council pursuant to subsection 17(2) of the Health Services and Insurance Act The Governor in Council on the report and recommendation of the Minister of Health and Wellness dated October 3, 2022, and pursuant to

Chapter 197 of the Revised Statutes of Nova Scotia, 1989, Health Services and Insurance Act (the “Act”), is pleased, effective on and after January 1, 2023, to (

a) pursuant to subsection 17(2) of the Act, amend the Prosthetic Devices Tariffs Regulations , N.S. Reg. 32/1999, made by the Minister of Health and the Governor in Council by Order in Council 1999-146 dated April 7, 1999, in the manner set forth in

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

b) pursuant to clause 13(1)(

c) of the Act, approve the authorization by the Minister of Health and Wellness of payments in respect of the tariff increases referred to in clause (a). 644

N.S. Reg. 320/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 Order In the matter of an amendment to the Prosthetic Devices Tariffs Regulations made pursuant to clause 13(1)(

c) and subsection 17(2) of the Health Services and Insurance Act - and - In the matter of an increase to the tariff of fees established by the Minister of Health and Wellness pursuant to clause 13(1)(

c) of the Health Services and Insurance Act with respect to prosthetic devices I, Michelle Thompson, Minister of Health and Wellness for the Province of Nova Scotia, pursuant to clause 13(1)(

c) of

Chapter 197 of the Revised Statutes of Nova Scotia, 1989, the Health Services and Insurance Act, hereby (

a) amend the Prosthetic Devices Tariffs Regulations , N.S. Reg. 32/1999, made by the Minister of Health and the Governor in Council by Order in Council 1999-146 dated April 7, 1999, in the manner set out in the attached

Schedule “A”; and (

b) authorize payments in respect of the new tariff. This Order is effective on and after the date that the amendments to the Prosthetic Devices Tariffs Regulations set forth in the attached

Schedule “A” are made by the Governor in Council. Dated and made at Halifax, Province of Nova Scotia, October 3, 2022. sgd. Michelle Thompson Honourable Michelle Thompson Minister of Health and Wellness

Schedule “A” Amendment to the Prosthetic Devices Tariffs Regulations made by the Minister of Health and Wellness and the Governor in Council under clause 13(1)(

c) and subsection 17(2) of

Chapter 197 of the Revised Statutes of Nova Scotia, 1989, the Health Services and Insurance Act 1 The Prosthetic Devices Tariffs Regulations , N.S. Reg. 32/1999, made by the Minister of Health and the Governor in Council by Order in Council 1999-146 dated April 7, 1999, are amended by adding the following

Section immediately after

Section 1: Definition 1A In these regulations, “resident” means a resident as defined in the regulations respecting hospital insurance made under the Health Services and Insurance Act. 2 Subsection 3(2) of the regulations is repealed. 3 Clause 2(

c) of

Schedule “A” to the regulations is repealed. 645

4 N.S. Reg. 320/2022 - 322/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26

Schedule “B” to the regulations is amended by (

a) striking out “(effective November 1, 1997, to March 31, 2008)” in the title; (

b) striking out “, as defined in the regulations respecting medical services insurance made pursuant to the Health Services and Insurance Act,” in

Section 1; (

c) striking out “$150” and substituting “$300” in

Section 1; and (

d) repealing

Section 2 and substituting the following Section: Minister may grant financial assistance 2

(1) The Minister may grant financial assistance in the following amounts to a resident who meets the criteria in

Section 1 of this

Schedule and who the Minister has determined has a low income: (

a) up to a maximum of $450 for a single prosthesis or $750 for a double prosthesis, once every two years; and (b) $75 for the purchase of a supporting bra, once every two years.

(2) The assistance referred to in subsection (1) is alternative to, and not in addition to, the assistance referred to in

Section 1 of this Schedule. N.S. Reg. 321/2022 and 322/2022 Made: December 13, 2022 Filed: December 13, 2022 Nova Scotia Egg Producers’ Marketing Plan–amendment; Regulations respecting the composition of the marketing board–repeal Order in Council 2022-312 dated December 13, 2022 Amendment to regulations and repeal of regulations made 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 30, 2022, 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 13, 2022, to (

a) approve the amendments by the Natural Products Marketing Council to the Nova Scotia Egg Producers’ Marketing Plan, N.S. Reg. 239/1982, made by the Natural Products Marketing Council and approved by the Governor in Council by Order in Council 82-1416 dated November 23, 1982, in the manner set forth in

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

b) repeal the regulations respecting the composition of the marketing board, N.S. Reg. 211/1985, made by the Nova Scotia Egg and Pullet Producers’ Marketing Board and approved by the Governor in Council by Order in Council 85-1259 dated November 19, 1985. [N.S. Reg. 322/2022] 646

N.S. Reg. 321/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26

Schedule “A” Amendment to the Nova Scotia Egg Producers’ Marketing Plan made by the Governor in Council under

Section 11 of

Chapter 308 of the Revised Statutes of Nova Scotia, 1989, the Natural Products Act 1

Part I,

Section 1 of the Nova Scotia Egg Producers’ Marketing Plan, N.S. Reg. 239/1982, made by the Governor in Council by Order in Council 82-1416 dated November 23, 1982, is amended by striking out “Nova Scotia Egg Producers’ Marketing Plan” and substituting “Egg Farmers of Nova Scotia Marketing Plan”. 2

Part I,

Section 2 of the regulations is repealed and the following

Section substituted:

Definitions 2 In these regulations, “Act” means the Natural Products Act; “Agency” means the Canadian Egg Marketing Agency established under the Farm Products Agencies Act (Canada); “annual general meeting” means an annual general meeting of pullet producers and licensed egg producers, as required by this Plan; “Commodity Board” or “Board” means the Nova Scotia Egg Producers, which is continued under the name Egg Farmers of Nova Scotia; “Council” means the Natural Products Marketing Council; “egg” means an egg of a hen; “Egg Farmers of Nova Scotia Pullet Regulations ” means the Egg Farmers of Nova Scotia Pullet Regulations made under the Act; “Egg Regulations” means the Egg Farmers of Nova Scotia Egg Regulations made under the Act; “egg quota certificate” means a certificate issued by the Board under the Egg Regulations indicating the maximum number of layers that the producer is entitled to use in producing eggs; “egg quota leasing certificate” means a certificate issued by the Board under the Egg Regulations indicating the maximum number of layers that the specialty licensee is entitled to use in producing eggs; “facility” means the building, land, fixture or laying facility used by a person for egg production, grading or processing, or for pullet production; “grading” means sorting and classifying eggs; “grader” means a person designated as a grader under subsection 13(3) of the Canadian Food Inspection Agency Act; 647

N.S. Reg. 321/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 “grader licence” means a licence issued by the Board that allows the holder to grade eggs; “hen” means a female of any class of domestic fowl belonging to the species Gallus domesticus; “heritage licence” means a licence issued by the Board to a person who has produced and marketed eggs in the Province without holding egg quota in every year since July 25, 1984, that allows the holder to produce eggs; “layer” means a laying hen; “laying facility” means an area within a facility that is used to shelter layers; “laying hen” means a hen that is 19 weeks of age or older; “licence” means a licence issued by the Board to authorize a person to engage in an activity specified in

Section 20 for which a licence is required; “licensed egg producer” means an egg producer holding a producer licence issued by the Commodity Board under the Egg Regulations; “marketing” includes advertising, buying, selling, storing, packing, transporting, shipping, pricing, processing, shipping for sale or storage, offering for sale and any other act necessary to prepare eggs and pullets in a form, or make them available at a place and time, for purchase, consumption or use, and also includes sale by peddlers, hawkers and traders; “marketing licence” means a processor licence or grader licence issued under the Egg Regulations; “person” means all of the following: (

i) a natural person, (ii) a corporation, a company or other body corporate, (iii) a partnership, (iv) a trust or estate; “Plan” means the Egg Farmers of Nova Scotia Marketing Plan; “processing” includes breaking, filtering, blending, heat treating, stabilizing, mixing, cooling, freezing or drying eggs; “processor” means a person engaged in processing eggs; “processor licence” means a licence issued by the Board to a processor that allows the processor to process eggs; “proclamation” means the Canadian Egg Agency Proclamation issued under the Farm Products Marketing Agencies Act (Canada); “producer” means a person engaged in producing eggs or pullets in the regulated area; 648

N.S. Reg. 321/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 “producer licence” means a licence issued to a person who holds egg quota that allows the person to produce eggs; “producing licence” means a producer licence, specialty licence or heritage licence; “pullet” means a hen that is less than 19 weeks of age and has been produced for the purpose of laying eggs for human consumption; “Pullet Placement Permit” means a permit issued to a producer by the Board that authorizes the producer to place pullets or layers in their facility; “pullet producer” means a pullet producer holding a pullet quota certificate issued by the Commodity Board under the Egg Farmers of Nova Scotia Pullet Regulations ; “pullet quota certificate” means a certificate issued by the Board under the Egg Farmers of Nova Scotia Pullet Regulations indicating the amount of pullets a producer is entitled to grow; “quota” means (

i) in reference to egg production, the maximum number of layers that the holder is entitled to use in producing eggs, (ii) in reference to pullet production, the maximum number of pullets that a producer is entitled to grow in their facility; “regulated area” means all of the Province; “specialty eggs” means any of the following types of eggs: (

i) free run, (ii) free range, (iii) organic, (iv) any other type of egg designated by the Board as a specialty egg; “specialty licence” means a licence issued by the Board to a person that allows that person to produce specialty eggs. 3

Part I,

Section 4 of the regulations is repealed and the following

Section substituted: Recommendation to discontinue Plan 4

(1) If at least 50% of the pullet producers and licensed egg producers sign a request to vote on discontinuing the Plan and submit the request to the Council, the Council must submit the question of continuing the Plan to a vote of the pullet producers and licensed egg producers and, if a majority satisfactory to the Council do not vote in support of the Plan, the Council may recommend that the Plan be discontinued.

(2) The pullet producers and licensed egg producers entitled to vote under subsection (1) are limited to 1 vote per producer. 4

Part I,

Section 6 of the regulations is amended by adding “of the Act” immediately after “subsection 9(1)”. 649

N.S. Reg. 321/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 5

(1) Part I, subsection 8(2) of the regulations is repealed and the following subsection substituted:

(2) The Board must consist of 8 members elected or appointed as follows: (a) 1 licensed egg producer elected or appointed by the licensed egg producers in each of the Eastern, Central, Western, and Southern Zones; (b) 3 licensed egg producers elected or appointed as members at large by the licensed egg producers at the annual general meeting; (c) 1 pullet producer elected or appointed by the pullet producers in the regulated area.

(2) Part I, subsection 8(3) of the regulations is amended by striking the words “Subject to subsection (4)” and substituting “Except as provided in subsection (4)”. 6

Part I,

Section 9 of the regulations is repealed and the following

Section substituted: Election or appointment of Board membership 9

(1) The licensed egg producers in each zone must elect or, if no candidates stand for election, appoint the Commodity Board members for their zone at their annual zone meeting or at a meeting called for that purpose.

(2) The licensed egg producers in attendance at an annual general meeting must elect or, if no candidates stand for election, appoint the Commodity Board members for any member at large position that expires at the end of the annual general meeting.

(3) The pullet producers in the regulated area must elect or, if no candidates stand for election, appoint their representative Commodity Board member at their annual meeting or at a meeting called for that purpose.

(4) If a zone or area fails or refuses to elect or appoint a representative to the Commodity Board as required under subsections (1) to (3), the Board may appoint a pullet producer or licensed egg producer from the zone or area to represent the zone or area on the Commodity Board.

(5) At least 60 days before the date of the annual general meeting each year, the Commodity Board must do all of the following: (

a) notify all pullet producers and licensed egg producers of the member positions whose terms expire at the end of the annual general meeting; (

b) establish procedures for all of the following to be used in the coming election and notify all pullet producers and licensed egg producers of the procedures: (

i) nominating candidates; (ii) appointing designated representatives for corporate entities that are eligible to vote; (iii) resolving any tied votes; (iv) appointing Board members if no candidates are identified. 7

Part I,

Section 10 of the regulations is repealed and the following

Section substituted: 650

8 N.S. Reg. 321/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 Term of office of Board member 10

(1) Except as provided in subsections (5) and (6), the term of office for a Commodity Board member is 3 years and begins at the adjournment of the first annual general meeting following the member’s election or appointment.

(2) A Board member is eligible for re-election or re-appointment to the Board upon the expiry of their term of office.

(3) If a member dies, resigns or is otherwise removed during their term of office, the pullet producers or licensed egg producers resident or carrying on business in the zone or area represented by that member may elect or appoint another member to complete the term.

(4) If the pullet producers or licensed egg producers resident or carrying on business in a zone or area fail or refuse to elect or appoint another member as provided for in subsection (3), the Board may appoint a pullet producer or licensed egg producer from the zone or area to represent the zone or area on the Board.

(5) The terms of office of all Commodity Board members expire on the date of the 2023 annual general meeting.

(6) The initial terms of office for the 8 Commodity Board members assuming office in 2023 must be all of the following: (a) 2 terms expiring on the date of the 2024 annual general meeting; (b) 3 terms expiring on the date of the 2025 annual general meeting; (c) 3 terms expiring on the date of the 2026 annual general meeting.

(7) One of each of the terms described in subsection (6) must be set aside and assigned to each member at large elected or appointed under clause 8(2)(

b) through a random draw at the 2023 annual general meeting.

(8) After setting aside 3 terms for members at large under subsection (7), the remaining 5 terms described in subsection (6) must be assigned to each Commodity Board member elected or appointed under clauses 8(2)(

a) and 8(2)(

c) through random draws held at the meeting where the member is elected or appointed.

Part I of the regulations is amended by adding the following immediately after

Section 11: Notice of meetings 11A

(1) The Board must provide at least 10 days’ notice of the annual general meeting to all producers.

(2) Notice of an annual general meeting or other Board meeting must be made in writing and must be sent using 1 or more of the following methods: (

a) registered mail; (

b) regular postal mail; (

c) courier; 651

N.S. Reg. 321/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 (

d) fax; (

e) e-mail. 9

Part I,

Section 12 of the regulations amended by striking out “of the Board” immediately after “annual general meeting”. 10

Part I,

Section 19 of the regulations is repealed and the following

Section substituted: Board financial statements and other annual reporting 19

(1) The Board must keep proper books of account that must be audited at the end of each operating year by an auditor who has been appointed at the most recent annual general meeting and who is acceptable to the Council.

(2) No later than 3 months after the last day of an operating year, the Board must send a complete set of the financial statements of the Board, together with the auditor’s report, to the Council.

(3) At least 7 days before the date of an annual general meeting, the Board must send all of the following to each pullet producer and licensed egg producer: (

a) a copy of the financial statements of the Board for the past operating year, together with the auditor’s report; (

b) a report of the Chair setting out the activities of the Board during the past operating year.

(4) The Commodity Board must send the documents referred to in subsection (3) using 1 or more of the following methods: (

a) registered mail; (

b) regular postal mail; (

c) courier; (

d) fax; (

e) e-mail. 11

Part I,

Section 20 of the regulations is repealed and the following

Section substituted: Requirement to hold licence or pullet quota certificate 20

(1) A person must not produce eggs or grade or process eggs in the regulated area except under the authority of a licence issued by the Board.

(2) A person must not produce pullets in the regulated area unless under the authority of a pullet quota certificate issued by the Board. 12

(1) Part II,

Section 1 of the regulations is amended by repealing the definition of “Agency” and substituting the following definition: “Agency” means the Canadian Egg Marketing Agency established under the Farm Products Agencies Act (Canada); 652

N.S. Reg. 321/2022 - 323/2022 to 325/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26

(2) Part II,

Section 1 of the regulations is amended by repealing the definition of “Commodity Board” and substituting the following definition: “Commodity Board” means the Egg Farmers of Nova Scotia; N.S.

Reg. 323/2022 to 325/2022 Made: November 3, 2022 Approved: December 13, 2022 Filed: December 14, 2022 Nova Scotia Egg Producers Levy Order–amendment; Nova Scotia Egg Producers’ Pullet Regulations–amendment; Nova Scotia Egg Producers’ Egg Regulations–replacement Order dated November 15, 2022 Amendment to regulations and regulations made by the Nova Scotia Egg Producers and approved by the Natural Products Marketing Council pursuant to clause 9(1)(hb) and subsection 9(1) of the Natural Products Act Nova Scotia Egg Producers Regulations made under the Natural Products Act I certify that the Nova Scotia Egg Producers carried a motion on November 3, 2022, (

a) pursuant to clause 9(1)(hb) of

Chapter 308 of the Revised Statutes of Nova Scotia, 1989, the Natural Products Act, as delegated by clause 6(

g) of the Nova Scotia Egg Producers’ Marketing Plan, N.S. Reg. 239/1982, to amend the Nova Scotia Egg Producers Levy Order, N.S. Reg. 170/2006, made by the Nova Scotia Egg Producers on August 9, 2006, and approved by the Natural Products Marketing Council on August 22, 2006, in the manner set forth in the attached

Schedule “A”; and (

b) pursuant to subsection 9(1) of

Chapter 308 of [the] Revised Statutes of Nova Scotia, 1989, the Natural Products Act, as delegated by

Section 6 of the Nova Scotia Egg Producers’ Marketing Plan, N.S. Reg. 239/1982, to (

i) amend the Nova Scotia Egg Producers’ Pullet Regulations, N.S. Reg. 145/1986, in the manner set out in

Schedule “B”, and (ii) repeal the Nova Scotia Egg Producers’ Egg Regulations, N.S. Reg. 55/2020, and make new regulations respecting the production and marketing of eggs in the form set out in

Schedule “C”. Signed at Truro, in the County of Colchester, Nova Scotia on November 15, 2022. Nova Scotia Egg Producers per: sgd. Wanda Hamilton Wanda Hamilton General Manager Approved, effective on and after 13 December, 2022, by the Natural Products Marketing Council at Truro, in the County of Colchester, Nova Scotia on 13 December, 2022. 653

N.S. Reg. 323/2022 to 324/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 Natural Products Marketing Council per: sgd. Danielle Dorn Kouwenberg Danielle Dorn Kouwenberg General Manager N.S. Reg. 323/2022 Nova Scotia Egg Producers Levy Order–amendment

Schedule “A” Amendments to the Nova Scotia Egg Producers Levy Order made by the Egg Producers of Nova Scotia under clause 9(1)(hb) of

Chapter 308 of the Revised Statutes of Nova Scotia, 1989, the Natural Products Act 1

Section 1 of the Nova Scotia Egg Producers Levy Order, N.S. Reg. 170/2006, made by the Egg Producers of Nova Scotia on August 9, 2006, and approved by the Natural Products Marketing Council on August 22, 2006, is amended by striking out “Nova Scotia Egg Producers Levy Order” substituting “Egg Farmers of Nova Scotia Levy Order”. 2

Section 2 of the regulations is amended by (

a) striking out “Nova Scotia Egg Producers” in clause (

b) and substituting “Egg Farmers of Nova Scotia”; and (

b) striking out “Nova Scotia Egg Producers’ Marketing Plan” in clause (

f) and substituting “Egg Farmers of Nova Scotia Marketing Plan”. N.S. Reg. 324/2022 Nova Scotia Egg Producers’ Pullet Regulations–amendment

Schedule “B” Amendment to the Nova Scotia Egg Producers’ Pullet Regulations made by the Egg Producers of Nova Scotia under subsection 9(1) of

Chapter 308 of the Revised Statutes of Nova Scotia, 1989, the Natural Products Act 1 The Nova Scotia Egg Producers’ Pullet Regulations, N.S. Reg. 145/1986, approved by the Governor in Council by Order in Council 86-733 dated July 2, 1986, is [are] amended by adding the following

Section immediately before

Section 1.01: 1.00 These regulations may be cited as the Egg Farmers of Nova Scotia Pullet Regulations . 2

Section 1.01 of the regulations is amended by striking out “ Nova Scotia Egg Producers’ Marketing Plan” and substituting “Egg Farmers of Nova Scotia Marketing Plan ”. 3 Subsection 1.03(

a) of the regulations is repealed and the following subsection substituted: 654

N.S. Reg. 324/2022 - 325/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 1.03 (

a) Every commercial quota holder who produces more pullets in a calendar year than permitted by his quota pursuant to

Section 1.04 or

Section 1.05 is subject to an over-quota penalty of $1.00 per pullet overproduced. 4

Section 1.05 of the regulations is repealed and the following

Section substituted: 1.05 After quota is issued in accordance with

Section 1.04, the Commodity Board may do any of the following on the basis of its determination of the needs of the egg and pullet industry as a whole: (

i) issue further quota; (ii) reduce quota; (iii) request that the quota holder provide to the Commodity Board its intentions for the unused quota. 5

Section 1.06 of the regulations is repealed. 6

Section 1.08 of the regulations is repealed and the following

Section substituted: 1.08 A commercial quota holder or a non-commercial quota holder must not raise pullets until a Pullet Placement Permit has been approved and obtained from the Commodity Board. 7

Section 1.10 of the regulations is repealed and the following

Section substituted: 1.10 Each commercial quota holder and non-commercial quota holder must pay to the Commodity Board a fee of $0.015 per pullet produced. N.S. Reg. 325/2022 Nova Scotia Egg Producers’ Egg Regulations–replacement

Schedule “C” Regulations Respecting the Production and Marketing of Eggs made by the Egg Producers of Nova Scotia under subsection 9(1) of

Chapter 308 of the Revised Statutes of Nova Scotia, 1989, the Natural Products Act Citation 1 These regulations may be cited as the Egg Farmers of Nova Scotia Egg Regulations.

Interpretation 2

(1) In these regulations, “Act” means the Natural Products Act; “Animal Care Program” means the Animal Care Program established by the Egg Farmers of Canada, as amended from time to time; “associated persons” means persons that are any of the following: 655

N.S. Reg. 325/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 (

i) members of the same immediate family, (ii) trustees, personal representatives or beneficiaries of the same trust or estate, (iii) 1 of them is a donor of a power of attorney and the other is the attorney, (iv) 1 of them is a corporation and the other is an officer, director or shareholder of the corporation, (v) 1 of them is a partnership and the other is a partner in the partnership, (vi) 1 of them is a trust or corporation that owns shares of a corporation or has an interest in a partnership and the other is that corporation or partnership, (vii) each of them is a corporation, partnership or trust and they are all controlled directly or indirectly by the same person; “Canadian Egg Marketing Agency” means the Canadian Egg Marketing Agency established under the Farm Products Agencies Act (Canada); “certified enriched housing” means housing that has been certified by Egg Farmers of Canada as meeting all final housing requirements for enriched cages in the Code of Practice for the Care and Handling of Pullets and Laying Hens; “Code of Practice for the Care and Handling of Pullets and Laying Hens” means the Code of Practice for the Care and Handling of Pullets and Laying Hens as established by the National Farm Animal Council, as amended from time to time; “commercial pullet quota” means commercial quota as defined in the Egg Farmers of Nova Scotia Pullet Regulations for the production and marketing of pullets; “commercial pullet quota holder” means a commercial pullet producer who holds commercial pullet quota under the Egg Farmers of Nova Scotia Pullet Regulations ; “conventional housing” means housing that meets the conventional cage requirements in the Code of Practice for the Care and Handling of Pullets and Laying Hens; “Egg Farmers of Canada” means the trade name for the Canadian Egg Marketing Agency established under the Farm Products Agencies Act (Canada); “egg quota” means the maximum number of layers that the holder is entitled to use in producing eggs; “enriched differential amount” means the difference between the certified enriched housing cost of production and the conventional housing cost of production, as determined by the Egg Farmers of Canada from time to time; “enriched producer price” means the producer price plus the enriched differential amount; “facility” means the building, land, fixture or laying facility used by a person for egg production, grading or processing, or pullet production; 656

N.S. Reg. 325/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 “Federal-Provincial Agreement” means the agreement respecting the revision and consolidation of the comprehensive egg marketing program for the purpose of regulating and marketing eggs in Canada, as amended from time to time, and as authorized by Order in Council P.C. 1976-1979; “final housing requirements for enriched cages” means the final housing requirements for enriched cages established in the Code of Practice for the Care and Handling of Pullets and Laying Hens; “Force Majeure” means an extraordinary event, including, but not limited to, a natural disaster, a fire, or a severe illness, in which a producer was unable to prevent or protect against by the exercise of reasonable diligence at a reasonable cost; “free range”, in relation to an egg, means an egg produced in free range housing; “free range housing” means a free run housing system where laying hens may roam freely and have access to an outdoor enclosed pasture or range area when weather permits; “free run”, in relation to an egg, means an egg produced in free run housing; “free run housing” means a housing system where the laying hens roam freely inside a laying facility; “grade” means sorting and classifying eggs; “grader” means a person designated as a grader under subsection 13(3) of the Canadian Food Inspection Agency Act; “grader licence” means a licence issued by the Board that allows the holder to grade eggs; “grading station” means a facility where a grader licensee washes, grades, packs, offers for sale, sells, stores, transports or markets eggs; “hatchery” means a hatchery for which a permit to operate a hatchery has been issued by the Minister of Agriculture and Agri-Food (Canada) under the Hatchery Regulations made under the Health of Animals Act (Canada); “house” means to provide layers with shelter; “housing system” means the type of housing utilized for housing layers inside a laying facility, and for a free range housing system, includes an outdoor enclosed pasture or range area; “immediate family” of an individual means the individual’s spouse, parent, child and grandchild and the spouse of any parent, child or grandchild of the individual; “interest in egg quota” means a legal or beneficial interest of a person in egg quota, as described in subsection (2); “layer” means a laying hen; “laying facility” means an area within a facility that is used to shelter layers; “laying hen” means a hen that is 19 weeks of age or older; 657

N.S. Reg. 325/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 “market producer price” means the producer price plus an adjustment amount, as determined by the Board each year, to be paid to producers by grader licensees for ungraded eggs; “market producer price adjustment” means the difference between the producer price and the market producer price; “non-commercial pullet quota holder” means a pullet producer that holds non-commercial pullet quota under the Egg Farmers of Nova Scotia Pullet Regulations ; “organic”, in relation to the production of an egg, means organic product as certified under the Safe Food for Canadians Regulations (Canada); “parcel of land” means an area of land that may be owned in fee simple absolute, and includes any facilities located on the area of land; “person” means any of the following: (

i) a natural person, (ii) a corporation, (iii) a partnership, (iv) a trust or estate; “placement egg quota” means that part of egg quota allotted to a producer licensee which the Board allows the licensee to house in their housing system; “Plan” means the Egg Farmers of Nova Scotia Marketing Plan ; “pro rata” means proportionate; “Pullet Placement Permit” means a permit, issued to a producer by the Board, authorizing the producer to order pullets or layers; “resident in the Province” or “resident of the Province”, in relation to a corporation, means that the voting shares of the corporation are owned by shareholders who are resident in the Province; “Safe Food for Canadians Regulations (Canada)” means the regulations made under the Canadian Dairy Commission Act (Canada), Controlled Drugs and Substances Act (Canada), Consumer Packaging and Labelling Act (Canada), Feeds Act (Canada), Health of Animals Act (Canada), Seeds Act (Canada), Food and Drugs Act (Canada), Customs Tariff (Canada), Criminal Code (Canada), and the Safe Food For Canadians Act (Canada); “specialty eggs” means any of the following types of eggs: (

i) free run, (ii) free range, (iii) organic eggs, 658

N.S. Reg. 325/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 (iv) any other type of egg designated by the Board as a specialty egg; “Specialty Licence Quota Pool” means egg quota designated by the Board to be used for egg quota leases to specialty licensees; “Start Clean Stay Clean Program” means the Start Clean Stay Clean Program™ established by the Canadian Egg Marketing Agency, as amended from time to time; “total provincial allotment of egg quota” means Nova Scotia’s share of the national egg quota as established by the Federal-Provincial Agreement; “transfer” means a change in legal or beneficial ownership, and in relation to egg quota, includes all of the following: (

i) any transfer from one person to another person, (ii) any change in the shareholders or beneficial shareholders of a corporation, (iii) any change in the partners of a partnership, (iv) any change in the income beneficiaries or capital beneficiaries of a trust, whether the change occurred before or after the final distribution of that trust, (

v) any change other than those listed in subclauses (

i) to (iv) that results in a person acquiring or disposing of an interest in egg quota or that otherwise affects a person’s interest in egg quota; “unlicensed person” means a person who is not required to hold a licence from the Board to produce eggs under

Section 5; and “unplaceable egg quota” means egg quota allocated to a producer licensee which the Board does not allow the producer to house due to housing density requirements set out in the Animal Care Program.

(2) A person has an interest in egg quota if that person is any of the following: (

a) a person that has a direct interest in egg quota, or has an interest in egg quota through a series of associated persons with direct or indirect ownership interests in one another; (

b) a shareholder of a corporation that has an interest in egg quota; (

c) a partner in a partnership that has an interest in egg quota; (

d) a trustee or beneficiary of a trust that has an interest in egg quota; (

e) a personal representative or a beneficiary of an estate that has an interest in egg quota.

(3) Unless a different definition for the same term is set out in subsection (1),

definitions in the Plan apply to these regulations. Written notice 3

(1) In these regulations, unless otherwise specified, written notice means a written communication that is sent by one of the following methods: 659

N.S. Reg. 325/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 (

a) registered mail; (

b) courier; (

c) letter mail; (

d) email.

(2) If written notice is sent by registered mail, the notice is deemed to be received on the 5th business day after it was postmarked, or accepted, by Canada Post. Licensing Licences 4 The Board may issue the following types of licences in accordance with these regulations: (

a) producing licence which includes (

i) producer licence, (ii) specialty licence, (iii) heritage licence; (

b) marketing licence which includes (

i) processor licence, (ii) grader licence. Licence exceptions 5

(1) Despite

Section 20 of the Plan, a person is exempted from the requirement to hold a licence to produce eggs if they produce eggs using 200 or fewer layers in a year.

(2) For the purposes of subsection (1), in determining a person’s egg production for a year, the egg production of an unlicensed person is deemed to include any licensed or unlicensed egg production of that person’s spouse, common-law spouse, or registered domestic partner.

(3) An unlicensed person may produce eggs only in a facility owned or leased by that person, and an unlicensed person must not house any layers in a facility that the unlicensed person does not own or lease.

(4) No parcel of land may be used by one or more unlicensed persons for unlicensed production of eggs using more than 200 layers in a year.

(5) No parcel of land may be used for any combination of licensed and unlicensed production of eggs. Licence application A person may apply to the Board for a licence or a renewal of a licence by completing an application in the form and the manner determined by the Board. 6 660

N.S. Reg. 325/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 Application information 7

(1) An application must include all of the following information: (

a) the type of application, as one of the following: (

i) new licence, (ii) renewal of licence; (

b) the type of licence applied for; (

c) the date of application; (

d) the name and civic address of the applicant, and the location and a description of the applicant’s facilities; (

e) the applicant’s mailing address, if different than civic address; (

f) the applicant’s fax number, if any; (

g) the applicant’s email address, if any.

(2) Upon review of an application, the Board may request, and if requested, the applicant must provide to the Board, information regarding the applicant’s experience, equipment or financial ability. Issuing licence 8

(1) The Board must issue or refuse to issue a licence to an applicant within 90 days of the date of receipt of the application by the Board.

(2) The Board may refuse to issue a licence (

a) if the application does not include all required information and all applicable fees; (

b) if the applicant, in the Board’s opinion, lacks the experience, equipment or financial ability to engage in the activity to which the application relates; or (

c) if, in the Board’s opinion, the issuance of a licence to the applicant is not in the best interests of the egg industry in the Province. Form of licence 9

(1) A licence must include all of the following information: (

a) the type of licence; (

b) the licensee’s name and address; (

c) the term of the licence, including the effective date and expiry date; (

d) the issue date of the licence; (

e) the licence number. 661

N.S. Reg. 325/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26

(2) The Board may issue a licence subject to any term or condition that the Board considers appropriate, provided that the term or condition is a requirement of the Act, Plan or applicable regulations made under the Act.

(3) A licence issued by the Board expires on December 31 of the year in which it is issued unless renewed by the Board prior to its expiration.

(4) The General Manager of the Board must sign a licence that is issued by the Board. Suspending, revoking, or refusing to renew a licence 10

(1) If a licensee violates the Act, the Plan, an applicable regulation made under the Act, or a term or condition of their licence, or the licensee is insolvent, the Board may refer the matter to the Council for a decision on suspending, revoking or refusing to renew their licence under

Section 10 of the Act.

(2) The Board must provide written notice to the licensee who is the subject of a referral of a matter to the Council under subsection (1).

(3) The Board must send the written notice required by subsection (2) to the licensee by one of the following methods: (

a) registered mail; (

b) courier; (

c) email. Grader and Processor Licences Grader licence required 11 A person must possess a grader licence to grade eggs at a grading station. Grader licence requirements 12 A grader licensee must be licensed to grade eggs under the Safe Food for Canadians Act (Canada). Processor licence requirements 13 A processor licensee must be licensed to process eggs under the Safe Food for Canadians Act (Canada). Specialty Licence Production Licence eligibility 14

(1) Subject to subsection (2), a person is eligible to apply for a specialty licence if the person is all of the following: (

a) the age of majority; (

b) a Canadian citizen; (

c) a resident of the Province; (

d) primarily responsible for the production of eggs under the proposed licence.

(2) A person is not eligible to apply for a specialty licence if the person is any of the following: 662

N.S. Reg. 325/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 (

a) a child, spouse, common-law spouse, or registered domestic partner of a present or former egg quota holder; (

b) a current or past shareholder of a company, a child, a spouse, a common-law spouse, or registered domestic partner of a current or past shareholder of a company which holds or has held quota; (

c) a current or former holder of any type of quota under the Act, or the Dairy Industry Act, or similar legislation in other provinces of Canada. Specialty licence application 15 In addition to the information required for an application under

Section 7, an application for a specialty licence must include all of the following information: (

a) a business plan for producing and supplying the commercial retail market with specialty eggs; (

b) evidence that the applicant either possesses, or has the ability to acquire, adequate knowledge and skills of animal husbandry for the proper care of laying hens; (

c) an application fee of $250.00 payable to the Board, but the Board must return the fee if the application is rejected; (

d) a declaration that the applicant will not commence production before obtaining Salmonella enteritidis insurance in compliance with these regulations; (

e) the applicant’s province of residence, and if the applicant is a corporation, a statutory declaration confirming that the corporation is resident in the Province. Review of specialty licence applications 16 The Board may designate a person to review applications for specialty licences. Issuing specialty licences 17 In addition to the reasons set out in

Section 8, the Board may refuse to issue a specialty licence in either of the following circumstances: (

a) the Board determines there is insufficient egg quota available in the Specialty Licence Quota Pool to support additional specialty licences at that time; (

b) the Board determines that it is not in the best interests of the industry to issue additional specialty licences at that time. Selection process for new specialty licences 18 If, at any time, the Board decides to issue additional specialty licences in a number less than the number of eligible applicants, an applicant that meets the eligibility requirements under

Section 14 will be entered in a random draw, administered by the Board, to determine one or more successful specialty licensees. Notification of specialty licence 19

(1) Upon determining a successful applicant for a specialty licence, the Board must issue a conditional specialty licence to the applicant, conditional upon the Board receiving written confirmation from the applicant of both of the following: 663

N.S. Reg. 325/2022 Royal Gazette

Part II - Regulations Vol. 46, No. 26 (

a) that the applicant is ready to begin production of specialty eggs, provided that the confirmation is received within 18 months of the date of the specialty licence; (

b) that the applicant is compliant with the Plan, these regulations, and any applicable order of the Board or the Council.

(2) Upon the Board receiving written confirmation that the applicant has met the requirements in clauses (1)(

a) and (1)(b), the Board must issue a specialty licence to the applicant. Renewal of specialty licence 20 In addition to the reasons set out in

Section 10, if a specialty licensee did not produce eggs in the year in which a renewal of their specialty licence is requested, the Board may refer the matter to Council for a decision on refusing to renew the sp

Document details

Collection	Nova Scotia — Gazette
Citation	just regulations rg2 2022 RG2 2022 12 30
Date	2022-12-30
Type	gazette
Volume / chapter	just regulations rg2 2022 RG2 2022 12 30
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	aba47bb7a373f076170beccf4957648565e01bc2

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