Services Regulations (N.S. Reg. 36/1998) (just regulations regs lhsregs.htm)
N.S. Reg. 36/1998
Nova Scotia — Regulations
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Part II .
Regulations are amended frequently.
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Livestock Health Services Regulations
made under
Section 16 of the
Livestock Health Services Act
S.N.S. 2001, c. 8
O.I.C. 98-216 (May 19, 1998), N.S. Reg. 36/1998
amended to O.I.C. 2021-108 (effective April 27, 2021), N.S. Reg. 68/2021
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations .
Citation
Definitions
Livestock health services agreement
Distance and travel time assistance claims
Claims for fees - general
Island calls
Out of practice zone calls for emergencies
Out of practice zone calls for consultation
Out of practice zone calls for herd and flock health
Approval for out of practice zone calls
Meat Inspection Program
Cattle Herd Health Program
Swine Herd Health Program
Audits
Additional veterinary services
Citation
1 These regulations may be cited as the Livestock Health Services Regulations .
Definitions
2 In these regulations
“Department” means the Department of Agriculture;
“eligible livestock owner” means a farm business that
(
i) owns livestock as defined in clause 2(
f) of the Act that are used for
farming purposes, or
(ii) owns game animals as defined in clause 2(
i) of the Game Farming
Regulations made pursuant to the Wildlife Act , or
(iii) owns livestock designated as livestock for farming purposes under the
Designation of Livestock for Farming Purposes ;
“enrolled practice centre” means a veterinary practice that has applied to and been
accepted by the Veterinary Association, and is enrolled by the Department to
participate in the provision of livestock health services to eligible livestock owners;
“enrolled veterinarian” means a veterinarian, licensed by the Veterinary Association,
who is a member of an enrolled practice centre;
“outside regular hours” means Saturdays, Sundays, statutory holidays, and any time
between the hours of 4:30 pm and 8:00 am;
“regular hours” means any time that is not outside regular hours;
“Veterinary Association” means the Nova Scotia Veterinary Medical Association.
Livestock health services agreement
(1) The Minister may enter into an agreement with the Veterinary Association to provide
for the delivery of livestock health services to eligible livestock owners.
(2) The agreement shall specify the requirements and procedures pertaining to the
following:
(
a) participation of enrolled practice centres in providing livestock health services
under the Act;
(
b) the designation of practice zones;
(
c) regular hours of veterinary service;
(
d) forms for the making of claims by enrolled practice centres;
(
e) enrollment and resignation procedures;
(
f) preventative veterinary medicine; and
(
g) audit procedures.
(3) The agreement shall continue in force from year to year without renewal until it is
revised or terminated by the parties.
(4) The agreement may be terminated by either party by providing 6 months notice in
writing to the other party at any time.
(5) Despite any provision in the agreement, any enrolled practice centre may provide
livestock health services to any eligible livestock owner in the Province and make
claims for those services based on the distance of the eligible livestock owner’s
premises from the nearest enrolled practice centre.
Distance and travel time assistance claims
(1) Distance and travel time assistance claims are unlimited for veterinarian calls made
to livestock owners who are currently registered under the Farm Registration Act .
(2) Distance and travel time assistance claims are limited to one call per year for
veterinarian calls made to livestock owners who are not currently registered under
the Farm Registration Act .
Claims for fees - general
(1) The Minister, through the Administrator and in accordance with conditions of the
agreement shall pay to an enrolled practice centre the following fees for services
under the agreement:
(
a) a basic call fee assistance of $5.00 per service event for farm service or in
clinic service to eligible livestock owners, regardless of when the service is
rendered, effective April 1, 2001; and
(
b) distance and travel time assistance for regular hours, payable as follows:
(
i) the travel time assistance rate of $1.31 per km, plus the current
maximum distance rate provided for under the regulations respecting car
kilometrage rates and monthly allowances made pursuant to the Civil
Service Act , up to a limit of 48 000 km each year,
(ii) in each year, after 48 000 km, an enrolled veterinarian will be
reimbursed at the travel time assistance rate of $0.66 per km, plus the
current maximum distance rate provided for under the regulations
respecting car kilometrage rates and monthly allowances made pursuant
to the Civil Service Act .
(2) In addition to the rates stated in clause (1)(b), an enrolled veterinarian will be
reimbursed travel time assistance for a distance travelled outside regular hours at a
rate of
(a) $0.66 per km, up to a limit of 48 000 km per year; or
(b) $0.33 per km, over 48 000 km per year.
(3) All claims for payment are subject to verification either by the Administrator or
another person appointed by the Minister.
6 If an eligible livestock owner cancels a call while an enrolled veterinarian is en route, the
enrolled veterinarian shall record the attempt to attend to the eligible livestock owner's
request, indicating that the call was cancelled en route by the eligible livestock owner, and
may claim distance and travel time assistance for the portion of the call completed.
7 Distance and travel time assistance claims shall be limited to the lesser of the actual
distance travelled to provide livestock health services and the round trip distance from the
enrolled veterinarian’s practice centre, and in all cases, the most direct practical route of
travel shall be used to determine the distance claimed.
8 [repealed]
Island calls
(1) When an enrolled practice centre is required to render service to livestock kept on an
island within the enrolled practice centre’s practice zone, the enrolled practice centre
may claim the following assistance:
(
a) the appropriate assistance as specified in subsections 5(1) and 5(2) for the
distance travelled to arrive at the boat’s departure point;
(b) $88.56 per hour for the veterinarian’s total transport time on the water; and
(
c) the basic call fee assistance as specified in clause 5(1)(
a) for each island
premises visited,
and the claim for the assistance must be signed by the person in charge of the boat to
confirm the time claimed and the number of island premises visited.
(2) [repealed]
(3) All other costs associated with the transport of the enrolled veterinarian to make an
island call shall be paid by the eligible livestock owner.
Out of practice zone calls for emergencies
(1) When there is no available enrolled veterinarian in a practice zone, or if an eligible
livestock owner’s premises are not in a practice zone, any enrolled practice centre,
subject to
Section 13, may respond to a request for emergency veterinary service
from an eligible livestock owner, and claim the appropriate fees for services in
accordance with
Section 5.
(2) Despite
Section 7, an enrolled practice centre responding to a request for veterinary
service under subsection (1) shall be eligible to claim distance and travel time
assistance for the distance from the nearest available enrolled practice centre to the
eligible livestock owner’s premises.
Out of practice zone calls for consultation
(1) When an enrolled veterinarian needs to consult with an enrolled veterinarian from
another enrolled practice centre, the enrolled veterinarian contacted may respond to
the request, and claim the appropriate fees for services in accordance with clause
5(1)(a).
(2) An enrolled practice centre responding to a request under subsection (1) shall be
eligible to claim distance and travel time assistance for the actual distance travelled
from the responding veterinarian's enrolled practice centre to the eligible livestock
owner’s premises.
(3) The travel time assistance rate that an enrolled practice centre providing out of zone
consultation may claim is the rate specified in clause 5(1)(
b) for regular hour calls.
Out of practice zone calls for herd and flock health
(1) Subject to the approval of the Administrator, arrangements can be made, on an out of
practice zone call basis, with an enrolled practice centre with particular experience in
herd or flock health medicine, to provide a consultative farm service to eligible
livestock owners enrolled in such programs, providing that they reside in an area
under the jurisdiction of the Administrator.
(2) The consulting practice centre referred to in subsection (1) is eligible to claim
(
a) the basic call fee assistance as specified in clause 5(1)(a); and
(
b) distance and travel time assistance at the rates specified in clause 5(1)(
b) for
the distance actually travelled from the enrolled practice centre of the
consulting veterinarian.
Approval for out of practice zone calls
(1) Subject to subsection (2), services rendered under Sections 11 and 12 must be
approved in advance by the Administrator.
(2) Where an emergency out of practice zone livestock health service has been rendered
and advance approval under subsection (1) is not possible, an enrolled practice centre
shall contact the Administrator as soon as convenient after making the out of practice
zone call.
(3) [repealed]
(4) Other than for the reasons mentioned in subsection 3(5) and Sections 10, 11 and 12,
no distance, travel time or basic call fee assistance will be paid to an enrolled
practice centre for livestock health service rendered outside of the enrolled practice
centre's practice zone.
Meat Inspection Program
14 A veterinary inspector appointed under the Meat Inspection Act who responds to a call to
an abattoir is eligible to claim the basic call fee and distance and travel time assistance
specified in
Section 5.
Cattle Herd Health Program
15 For services rendered under the Cattle Herd Health Program
(
a) an enrolled practice centre may claim distance and travel time assistance as
specified in clause 5(1)(b), a basic call fee of $10.00 for each service event,
plus $17.00 per hour, for each program visit made to an enrolled herd; and
(
b) an enrolled cattle owner shall pay a basic call fee of $10.00 for each service
event, plus a minimum of $57.00 per hour to the enrolled practice centre, for
each visit made under the Cattle Herd Health Program to the owner’s premises.
Swine Herd Health Program
16 For services rendered under the Swine Herd Health Program
(
a) an enrolled practice centre may claim distance and travel time assistance as
specified in clause 5(1)(b), a basic call fee of $20.00 for each service event,
plus $19.00 per hour for up to 1.5 hours of the veterinarian’s time, for each
program visit made to an enrolled herd; and
(
b) an enrolled swine herd owner shall pay a minimum of $55.00 per hour to the
enrolled practice centre for each visit made under the Swine Herd Health
Program to the owner’s premises.
17 [repealed]
Audits
(1) The Department may conduct audits and investigate the financial records of an
enrolled practice centre that pertain to the Livestock Health Services Program, and
other programs covered by these regulations.
(2) Any audit conducted pursuant to subsection (1) must be conducted by an auditor
employed by the Department.
(3) The audit procedure, and the procedures for addressing any deficiencies and
irregularities uncovered as a result of the audit process, are to be defined in the
agreement.
19 [repealed]
20 [repealed]
21 [repealed]
Additional veterinary services
(1) An enrolled practice centre, upon the request of the Minister, may provide
(
a) veterinary services pursuant to the Animal Health and Protection Act , and in
such cases shall
(
i) be reimbursed for these services on the same basis as for the provision of
health care services to any eligible livestock owner; and
(ii) [repealed]
(
b) additional veterinary services, and in such cases shall be reimbursed for those
services on the same basis as for the provision of health care services to any
eligible livestock owner.
(2) For any veterinary inspection services assigned to an enrolled practice centre by the
Minister, the practice centre may claim a basic call fee of $20.00, plus $74.00 per
hour.
Legislative History
Reference Tables
Livestock Health Services Regulations
N.S. Reg.
36/1998
Livestock Health Services Act
Note: The
information in these tables does not form part of the regulations and is
compiled by the Office of the Registrar of Regulations for reference only.
Source Law
The current consolidation of the Livestock Health Services Regulations made
under the Livestock Health Services Act includes all of the following regulations:
N.S.
Regulation
In force
date*
How in force
Royal Gazette
Part II Issue
36/1998
May
19, 1998
date
made
Jun 5,
104/1998
Oct 1,
date
specified
Jan
15, 1999
134/2000
Oct 1,
date
specified
Aug
11, 2000
111/2001
Apr 1,
date
specified
Sep
21, 2001
6/2012
Jan
10, 2012
date
specified
Jan
27, 2012
68/2021
Apr
27, 2021
date
specified
May 7,
The following regulations are not yet in force and
are not included in the current consolidation:
N.S.
Regulation
In force
date*
How in force
Royal Gazette
Part II Issue
*See subsection 3(6) of the Regulations Act for
rules about in force dates of regulations.
Amendments by Provision
ad. = added
am. = amended
fc. = fee change
ra. = reassigned
rep. = repealed
rs . = repealed and substituted
Provision affected
How affected
2 ........................................................
am. 68/2021 (clause lettering removed)
2, defn . of “agreement” ....................
rep. 68/2021
2, defn . of “Department” ..................
am. 68/2021
2, defn . of “eligible
livestock owner”
rs . 134/2000; am. 68/2021
2, defn . of “eligible
livestock owner”, ( i ) ........................................................
ra. from (iv) 6/2012; am. 6/2012
2, defn . of “eligible
livestock owner”, (iii) ..................................................
ad. 68/2021
2, defn . of “eligible
livestock owner”, (vi) ..................................................
ra. as ( i ) 6/2012
2, defn . of “LHSB” ...........................
rep. 68/2021
3(2)(f) ...............................................
am. 68/2021
3(5) ...................................................
am. 68/2021
4 ........................................................
rs . 68/2021
5(1) ...................................................
am. 68/2021
5(1)(a) ...............................................
rs . 104/1998, 111/2001
5(1)(b)( i ) ...........................................
am. 111/2001, 6/2012, 68/2021
5(1)(b)(ii) ..........................................
am. 111/2001, 6/2012, 68/2021
5(2) ...................................................
am. 111/2001
5(2)(a) ...............................................
am. 111/2001, 6/2012, 68/2021
5(2)(b) ...............................................
am. 111/2001, 6/2012, 68/2021
5(3) ...................................................
am. 68/2021
8 ........................................................
rep. 68/2021
9(1)(b) ...............................................
am. 6/2012, 68/2021
9(1)(c) ...............................................
am. 104/1998
9(2) ...................................................
ra. from 9(3) 6/2012; rep.
68/2021
9(3) ...................................................
ra. as 9(2) 6/2012
9(3) ...................................................
ra. from 9(4) 6/2012
9(4) ...................................................
ra. as 9(3) 6/2012
12(1) .................................................
am. 68/2021
13(1)-(2) ...........................................
am. 68/2021
13(3) .................................................
rep. 68/2021
17 ......................................................
rep. 68/2021
18(2) .................................................
am. 68/2021
19-21 .................................................
rep. 68/2021
22(1)(a)(ii) ........................................
rep. 68/2021
Note that changes to headings are not
included in the above table.
Editorial Notes and Corrections
Note
Effective
date
The reference to the Department of Agriculture and
Marketing in clause 2(
b) should be read as a reference to the Department of
Agriculture and Fisheries in accordance with Order in Council 2000-483 under
the Public Service Act , R.S.N.S.
1989, c. 376.
Oct 1, 2000
The Livestock
Health Services Act , R.S.N.S. 1989, c. 262, is repealed and replaced with
the Livestock Health Services Act ,
S.N.S. 2001, c. 8 (regulations continued under new Act).
Jun 1, 2001
Clause 2(
f) reference to livestock health services
boards: Livestock health services
boards continued by or established under the former Act are dissolved by
S.N.S. 2001, c. 8, s. 17.
Jun 1, 2001
The reference to the Department of Agriculture and Marketing
in clause 2(
b) should be read as a reference to the Department of Agriculture
in accordance with Order in Council 2006-121 under the Public Service Act , R.S.N.S. 1989, c. 376.
Feb 24, 2006
Repealed and Superseded
N.S.
Regulation
Title
In force
date
Repealed
date
40/1969
Livestock
Health Services Regulations
Jan
28, 1969
Nov 3,
154/1981
Livestock
Health Services Regulations
Nov 3,
May
19, 1998
Note: Only
regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of
regulations on this subject matter.