Services Regulations (N.S. Reg. 36/1998) (just regulations regs lhsregs.htm)

N.S. Reg. 36/1998

Nova Scotia — Regulations

Services Regulations (N.S. Reg. 36/1998) (just regulations regs lhsregs.htm)

N.S. Reg. 36/1998

Nova Scotia — Regulations

This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

This electronic version is copyright ©

, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

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.

Document details

CollectionNova Scotia — Regulations
CitationN.S. Reg. 36/1998
Date1998-01-01
Typeregulation
Volume / chapterjust regulations regs lhsregs.htm
Languageen
Formathtm
SourcePROVINCIAL
Identifieracb09f36dba005c7aba97d9cf6c5efe47287f434

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