Small Business Advocate Regulations

N.S. Reg. 190/2011

Nova Scotia — Gazette

© NS Registry of Regulations. Web version. 461

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 35, No. 12 June 17, 2011 Contents Act Reg. No.

Page Assets Management and Disposition Act Distribution of Civil Forfeiture Funds Regulations ............................... 196/2011 475 Civil Forfeiture Act C i v i l F o r f e i t u r e R e g u l a t i o n s................................................. 197/2011 476 Motor Vehicle Act Proclamation of amendments to Act, S. 13, S.N.S. 2010, c. 59 ...................... 199/2011 483 Municipal Government Act D e s i g n a t i o n o f D e b t s O r d e r ................................................. 192/2011 465 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 193/2011 467 Prescribed Petroleum Products Prices ......................................... 200/2011 484 Provincial Parks Act P r o v i n c i a l P a r k s R e g u l a t i o n s – a m e n d m e n t...................................... 191/2011 464 Public Utilities Act Small Business Advocate Regulations ......................................... 190/2011 463

Summary Proceedings Act S u m m a r y O f f e n c e T i c k e t s R e g u l a t i o n s – a m e n d m e n t ..............................198/2011 482

462 © NS Registry of Regulations. Web version. Table of Contents (cont.) Royal Gazette

Part II - Regulations Vol. 35, No. 12 Tanning Beds Act Proclamation of Act, S. 11, S.N.S. 2010, c. 44 .................................. 194/2011 469 Tanning Facilities Regulations ............................................... 195/2011 470 In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act.

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

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

N.S. Reg. 190/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 12 © NS Registry of Regulations. Web version. 463 N.S. Reg. 190/2011 Made: May 24, 2011 Filed: May 26, 2011 Small Business Advocate Regulations Order in Council 2011-184 dated May 24, 2011 Regulations made by the Governor in Council pursuant to

Section 92 of the Public Utilities Act The Governor in Council on the report and recommendation of the Minister of Finance dated April 27, 2011, and pursuant to

Section 92 of

Chapter 380 of the Revised Statutes of Nova Scotia, 1989, the Public Utilities Act, is pleased to make regulations regarding the small business advocate in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after May 24, 2011.

Schedule “A” Regulations Respecting the Small Business Advocate made by the Governor in Council pursuant to

Section 92 of

Chapter 380 of the Revised Statutes of Nova Scotia, 1989, the Public Utilities Act Citation 1 These regulations may be cited as the Small Business Advocate Regulations.

Definitions 2 In these regulations, “Act” means the Public Utilities Act; “NSPI” means Nova Scotia Power Incorporated. Prescribed types of businesses 3 All of the following businesses operating as businesses in the Province that have made all required filings and registrations with the Registry of Joint Stock Companies and are in good standing with the Registry of Joint Stock Companies are prescribed as types of businesses to be included in the definition of small business in clause 92(1)(

b) of the Act: (

a) a limited company; (

b) an incorporated company; (

c) a partnership; (

d) a sole proprietorship; (

e) a co-operative. Prescribed rate classes and service tariffs 4 All of the following rate classes and service tariffs approved by the Board for NSPI are prescribed for a business to be included in the definition of small business in clause 92(1)(

b) of the Act: (

a) small commercial rate class, sma ll general tariff, rate code 10;

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b) commercial rate class, ge neral tariff, rate code 11; (

c) small industrial rate class, sma ll industrial tariff, rate code 21. Prescribed limit of annual consumption of utility services 5 The prescribed limit of annual consumption of utility services for a business to be included in the definition of small business in clause 92(1)(

b) of the Act is 150 000 kWh of electricity. Qualifications for small business advocate 6( 1 ) To qualify for appointment under subsection 92(2) of the Act to act as a small business advocate in a hearing before the Board, a person must not (

a) be directly or indirectly employed by or have an interest in a public utility that is a party to the hearing; or (

b) have an interest in a stock, bond, mortgage, security or contract of a public utility that is a party to the hearing.

(2) When a person appointed under subsection 92(2) of the Act to act as a small business advocate becomes interested as described in clause (1)(

a) or (1)(b), (

a) if the person became interested volunt arily, the appointment becomes vacant; (

b) if the person became interested involuntarily, the person must dispose of the interest within a reasonable time, as determined by the Board.

(3) If a person fails to dispose of an interest as required by clause (2)(b), the Governor in Council or the Board must declare the appointment vacant.

(4) A person is not disqualified from being appointed to act as a small business advocate under subsection 92(2) of the Act because they are a customer or ratepayer of a public utility. N.S. Reg. 191/2011 Made: May 24, 2011 Filed: May 26, 2011 Provincial Parks Regulations Order in Council 2011-186 dated May 24, 2011 Amendment to regulations made by the Governor in Council pursuant to

Section 37 of the Provincial Parks Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated April 15, 2011, and pursuant to

Section 37 of

Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act, is pleased to amend the Provincial Parks Regulations, N.S. Reg 69/89, made by the Governor in Council by Order in Council 89-579 dated May 16, 1989, to provide for the rental of yurts in Provincial parks, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after May 24, 2011.

N.S. Reg. 191/2011 - 192/2011 Royal Gazette

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Schedule “A” Amendment to the Provincial Parks Regulations made by the Governor in Council pursuant to

Section 37 of

Chapter 367 of the Revised Statutes of Nova Scotia, 1989, the Provincial Parks Act 1

Section 2 of the Provincial Parks Regulations, N.S. Reg. 69/89, made by the Governor in Council by Order in Council 89-579 dated May 16, 1989, is amended by (

a) striking out the period at the end of clause (

l) and substituting a semicolon; and (

b) adding the following clause immediately after clause (l): (m) “yurt” means a semi-permanent structure that consists of a tent-like covering mounted on a frame and is used for overnight camping. 2

Section 16 of the regulations is amended by adding the following subsection immediately after subsection (1D): (1E) Despite subsection (1), the fee for a campsite permit to use a campsite that provides a yurt is $55.00, inclusive of any applicable tax, for up to 4 people, plus an additional $10.00 per person for each person in excess of 4, inclusive of any applicable tax. N.S. Reg. 192/2011 Made: May 25, 2011 Filed: May 27, 2011 Designation of Debts Order Order dated May 25, 2011 made by the Minister of Service Nova Scotia and Municipal Relations pursuant to subsection 452A(2) of the Municipal Government Act In the Matter of Subsection 452A(2) of

Chapter 18 of the Acts of 1998, the Municipal Government Act and In the Matter of the Designation of Debts Owing to Municipalities as Debts Due to Her Majesty in the Right of the Province Order I, John MacDonell, Minister of Service Nova Scotia and Municipal Relations, pursuant to subsection 452A(2) of

Chapter 18 of the Acts of 1998, the Municipal Government Act, at the request of the municipalities listed in

Schedule “A” attached to and forming part of this Order, designate the following debts owing to municipalities to be debts due to Her Majesty in right of the Province of Nova Scotia, effective on and after the date of this Order:

N.S. Reg. 192/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 12 466 © NS Registry of Regulations. Web version. All fines which are unpaid as of March 31, 2011 and which have been ordered by the Nova Scotia Supreme Court or the Nova Scotia Provincial Court to be paid by an offender for contravention of a by-law of any of the municipalities listed in

Schedule “A” attached to and forming part of this Order. Made at Halifax, Nova Scotia, on May 25, 2011. Sgd.: John MacDonell Honourable John MacDonell Minister of Service Nova Scotia and Municipal Relations

Schedule “A” List of Municipalities (Designation of Debts for Unpaid Fines) Municipality of the County of Antigonish Municipality of the District of Argyle Municipality of Barrington Municipality of the District of Chester Municipality of Clare Municipality of the County of Colchester Municipality of the District of Guysborough Halifax Regional Municipality Municipality of the District of East Hants Municipality of the District of West Hants Municipality of the District of Lunenburg Municipality of the County of Pictou Region of Queens Municipality Municipality of the District of St.

Mary’s Town of Antigonish Town of Berwick Town of Bridgetown Town of Clark’s Harbour Town of Digby Town of Lockeport Town of Mahone Bay Town of Middleton Town of Mulgrave Town of New Glasgow Town of Oxford Town of Shelburne Town of Stewiacke Town of Trenton Town of Windsor Village of Pugwash

N.S. Reg. 193/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 12 © NS Registry of Regulations. Web version. 467 N.S. Reg. 193/2011 Made: May 26, 2011 Filed: May 27, 2011 Prescribed Petroleum Products Prices Order dated May 26, 2011 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Order NSUARB-GAS-W-11-23 In the Matter of the Petroleum Products Pricing Act - and - In the Matter of Prescribing Prices for Petroleum Products pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Kulvinder S. Dhillon, P. Eng., Member Order

Whereas the purpose of the Petroleum Products Pricing Regulations is to ensure just and reasonable prices for specified petroleum products taking into consideration the objectives of preserving the availability of such products in rural areas, stabilizing prices of such products and minimizing the variances in prices of such products across the Province; And

whereas the Nova Scotia Utility and Review Board (“Board”) considered the manner in which it would proceed to set petroleum prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended May 25, 2011, are: Grade 1 Regular gasoline 73.0¢ per litre Ultra-low-sulfur diesel oil 76.3¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 73.0¢ per litre Grade 2 76.0¢ per litre Grade 3 79.0¢ per litre Ultra-low-sulfur diesel oil 76.3¢ per litre And

now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: minus 0.4¢ per litre Ultra-low-sulfur diesel oil: minus 0.4¢ per litre And

now therefore the Board prescribes the prices for petroleum products as set forth in

Schedule “A” effective on and after 12:01 a.m., May 27, 2011. Dated at Halifax, Nova Scotia, this 26th day of May, 2011. Sgd: Elaine Wagner Clerk of the Board

N.S. Reg. 193/2011 Royal Gazette

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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 May 27, 2011 Nova Scotia Petroleum Price

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

Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 78.9 81.9 84.9 82.2 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 104.4 107.4 110.4 101.6 124.7 128.1 131.6 121.4 126.4 129.8 133.3 123.2 124.7 128.1 131.6 121.4 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 79.3 82.3 85.3 82.6 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 104.8 107.8 110.8 102.0 125.1 128.6 132.0 121.9 126.8 130.3 133.7 123.6 125.1 128.6 132.0 121.9 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 79.8 82.8 85.8 83.1 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 105.3 108.3 111.3 102.5 125.7 129.1 132.6 122.5 127.4 130.9 134.3 124.2 125.7 129.1 132.6 122.5 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 79.8 82.8 85.8 83.1 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 105.3 108.3 111.3 102.5 125.7 129.1 132.6 122.5 127.4 130.9 134.3 124.2 125.7 129.1 132.6 122.5 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 79.8 82.8 85.8 83.1 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 105.3 108.3 111.3 102.5 125.7 129.1 132.6 122.5 127.4 130.9 134.3 124.2 125.7 129.1 132.6 122.5 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 80.6 83.6 86.6 83.9 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 106.1 109.1 112.1 103.3 126.6 130.1 133.5 123.4 128.3 131.8 135.2 125.1 126.6 130.1 133.5 123.4 999.9 999.9 999.9 999.9

N.S. Reg. 194/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 12 © NS Registry of Regulations. Web version. 469 N.S. Reg. 194/2011 Made: May 31, 2011 Filed: June 1, 2011 Proclamation, S. 11, S.N.S. 2010, c. 44 Order in Council 2011-190 dated May 31, 2011 Proclamation made by the Governor in Council pursuant to

Section 11 of the Tanning Beds Act The Governor in Council on the report and recommendation of the Minister of Health and Wellness dated May 12, 2011, and pursuant to

Section 11 of

Chapter 44 of the Acts of 2010, the Tanning Beds Act, is pleased to order and declare by proclamation that

Chapter 44 of the Acts of 2010, the Tanning Beds Act, do come into force on and not before May 31, 2011. PROVINCE OF NOVA SCOTIA sgd: Mayann Francis G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 11 of

Chapter 44 of the Acts of 2010, the Tanning Beds Act, it is enacted as follows: 11 This Act comes into force on and not before such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 44 of the Acts of 2010, the Tanning Beds Act, do come into force on and not before May 31, 2011; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 44 of the Acts of 2010, the Tanning Beds Act, do come into force on and not before May 31, 2011, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia.

N.S. Reg. 194/2011 - 195/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 12 470 © NS Registry of Regulations. Web version. AT Our Government House in the Halifax Regional Municipality, this 31st day of May in the year of Our Lord two thousand and eleven and in the sixtieth year of Our Reign. BY COMMAND: sgd: Graham Steele [Acting] Provincial Secretary [Acting] Minister of Justice and Attorney General N.S. Reg. 195/2011 Made: May 31, 2011 Filed: June 1, 2011 Tanning Facilities Regulations Order in Council 2011-191 dated May 31, 2011 Regulations made by the Governor in Council pursuant to

Section 10 of the Tanning Beds Act The Governor in Council on the report and recommendation of the Minister of Health and Wellness dated May 12, 2011, and pursuant to

Section 10 of

Chapter 44 of the Acts of 2010, the Tanning Beds Act, is pleased to make new regulations respecting the regulation of tanning facilities in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after May 31, 2011. Regulations Respecting Tanning Facilities made by the Governor in Council pursuant to

Section 10 of

Chapter 44 of the Acts of 2010, the Tanning Beds Act Citation 1 These regulations may be cited as the Tanning Facilities Regulations.

Definitions 2( 1 ) In these regulations, “Act” means the Tanning Beds Act; “UV” means ultraviolet.

(2) In clause 7(

c) of the Act, in relation to an enforcement officer’s power to enter a tanning facility’s premises, “at all reasonable times” means during the business hours of the owner of the tanning facility; “tanning facility’s premises” does not include any part of the premises that is used exclusively as a dwelling.

N.S. Reg. 195/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 12 © NS Registry of Regulations. Web version. 471 Warning signs 3( 1 ) Warning signs required by

Section 6 of the Act must meet the following specifications and be displayed in accordance with the following: (

a) a point of sale warning sign in the form and of the size specified in

Schedule A must be displayed in accordance with all of the following, so that customers can easily view the warning sign before purchasing UV tanning services: (

i) it must be within 1 m of each cash register where UV tanning services may be sold, (ii) it must be readily legible and unobstructed; (

b) a health warning sign in the form and of the size specified in

Schedule B must be displayed in accordance with all of the following, so that customers can easily view the warning sign before using UV tanning equipment: (

i) it must be displayed conspicuously with in 1 m of each piece of UV tanning equipment, (ii) it must be readily legible and unobstructed; (

c) a door decal in the form and of the size speci fied in

Schedule C must be placed in accordance with all of the following so that it is visible to a person approaching the tanning facility: (

i) it must be placed immediately above or in close proximity to each entrance door handle or, if the entrance door does not have a handle, in the middle of the door, (ii) if the door is not visible when the tanning facility is open, it must be placed within 1 m of each entrance, unobstructed and clearly visible to those entering the tanning facility, (iv)* it must be readily legible and unobstructed. [*subclause numbering as in original] Enforcement officer must produce evidence of designation on request 4 In exercising any of their powers under

Section 7 of the Act or under these regulations, an enforcement officer must produce, on request, evidence of their designation as an enforcement officer. Enforcement officer investigation powers 5( 1 ) In addition to the powers specified in

Section 7 of the Act, in conducting an investigation to determine compliance with the Act and these regulations, an enforcement officer may do any of the following: (

a) question a person on matters re levant to the investigation; (

b) examine any record or other thing th at is relevant to the investigation; (

c) remove any record or other thing rele vant to the investigation for evidence. Enforcement officer may order removal of sign 6 An enforcement officer may order an owner to remove any sign found to be in violation of the Act or these regulations.

N.S. Reg. 195/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 12 472 © NS Registry of Regulations. Web version. Advertising or promotion 7 Nothing in these regulations prohibits an owner from displaying any sign or material promoting or advertising the sale of or otherwise respecting the use of tanning equipment as long as the owner complies with the signage requirements in these regulations. Proof of age 8( 1 ) A person who is required by an owner or an employee of an owner to provide proof of age under

Section 5 of the Act must present 1 of the following: (

a) for a resident of the Province, (

i) a valid driver’s licence issued by the Province that displays a photographic image of the person to whom the licence is issued, (ii) a valid identification card issued by the Province that displays a photographic image and the birthdate of the person to whom the identification card is issued, (iii) a valid Canadian passport, (iv) a Canadian citizenship card displaying a photographic image of the person to whom the card is issued, (

v) a Canadian Forces identification card; (

b) for an out-of-Province resident: (

i) a valid driver’s licence issued by the place of residence of the resident that displays a photographic image of the person to whom the licence is issued, (ii) a valid passport, (iii) a Canadian citizenship card displaying a photographic image of the person to whom the card is issued, (iv) a Canadian Forces identification card.

(2) An owner must refuse to sell access to tanning equipment to a person if it appears that the person’s proof of identification has been altered.

N.S. Reg. 195/2011 Royal Gazette

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Schedule A: Point of Sale Warning Sign (Size: 25 cm wide and 49 cm long) WARNING Exposure to UV light in tanning beds can cause skin cancer, serious injury and premature aging. Fair-skinned people and others who burn easily are at higher risk. Certain medical conditions, medications, cosmetics, and lotions increase sensitivity to UV tanning equipment and can lead to serious burns and injury. IT IS ILLEGAL FOR PERSONS UNDER 19 TO ACCESS UV TANNING EQUIPMENT IN THIS FACILITY.

N.S. Reg. 195/2011 Royal Gazette

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Schedule B: Health Warning Sign (Size: 46 cm wide and 18 cm long) WARNING Exposure to the UV light in this tanning bed can cause skin cancer and premature aging. Repeated exposure increases your risk of developing skin cancer. Some medical conditions, medications, cosmetics and lotions increase the risk of burns and serious injury.

Schedule C: Door Decal (Size: 23 cm wide and 18 cm long) NOTICE The Nova Scotia Tanning Beds Act prohibits persons under 19 years of age from using UV tanning equipment in this facility. Proof of age will be required before using UV tanning equipment.

N.S. Reg. 196/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 12 © NS Registry of Regulations. Web version. 475 N.S. Reg. 196/2011 Made: May 31, 2011 Filed: June 1, 2011 Distribution of Civil Forfeiture Funds Regulations Order in Council 2011-192 dated May 31, 2011 Regulations made by the Governor in Council pursuant to

Section 6 of the Assets Management and Disposition Act The Governor in Council on the report and recommendation of the Minister of Justice dated May 3, 2011, and pursuant to

Section 6 of

Chapter 26 of the Acts of 2007, the Assets Management and Disposition Act, is pleased to make new regulations respecting the distribution of civil forfeiture funds, in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after May 31, 2011.

Schedule “A” Regulations Respecting the Distribution of Civil Forfeiture Funds made by the Governor in Council pursuant to

Section 6 of

Chapter 26 of the Acts of 2007, the Assets Management and Disposition Act Citation 1 These regulations may be cited as the Distribution of Civil Forfeiture Funds Regulations.

Definitions for Act and regulations 2( 1 ) In these regulations, “Act” means the Assets Management and Disposition Act; “Forfeiture Account” means the account established in

Section 3 of the Act; “Manager” means the Manager of Assets appointed under subsection 2(1) of the Act.

(2) In the Act and these regulations, “eligible victim” has the same meaning as “victim” as defined in the Victims’ Rights and Services Act. Priority of payments out of Forfeiture Account 3( 1 ) When making payments out of the Forfeiture Account under subsection 5(1) of the Act, the Manager must first make payments under clause 5(1)(

a) of the Act to cover all expenses and costs incurred in administering the Civil Forfeiture Act and the Act, including all of the following: (

a) any legal costs related to forfeiture proceedi ngs, including legal costs for proceedings for the forfeiture of property or an interest in property incurred (

i) on behalf of the Manager, (ii) in relation to the proceedings, or (iii) in relation to distributing compensation resulting from the forfeiture; (

b) management and administrative costs relating to holding, administering, maintaining or managing a property or an interest in property before its sale or disposition;

N.S. Reg. 196/2011 - 197/2011 Royal Gazette

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c) costs related to selling or disposing of forfeited property or interests in property; (

d) staffing and related costs for staff employed to assist the Manager in carrying out the Manager’s duties under the Act and the Civil Forfeiture Act.

(2) After the Manager has made payments in accordance with subsection (1), payments out of the Forfeiture Account may be made to the following: (

a) to the Director of Victim Services under cl ause 5(1)(

b) of the Act for the compensation of eligible victims, who may use the funds for any of the following: (

i) compensating persons under S ections 11A to 11R of the Victims’ Rights and Services Act; (ii) any program that benefits eligible victims that is operated or approved by the Director of Victim Services; (

b) to the Director of the Crime Prevention Unit of the Public Safety and Security Division of the Department of Justice under clause 5(1)(

c) of the Act for targeted crime prevention initiatives offered by the Department of Justice. N.S. Reg. 197/2011 Made: May 31, 2011 Filed: June 1, 2011 Civil Forfeiture Regulations Order in Council 2011-193 dated May 31, 2011 Regulations made by the Governor in Council pursuant to

Section 29 of the Civil Forfeiture Act The Governor in Council on the report and recommendation of the Minister of Justice dated May 3, 2011, and pursuant to

Section 29 of

Chapter 27 of the Acts of 2007, the Civil Forfeiture Act, is pleased to make new regulations respecting civil forfeitures to prescribe the forms of notice required for real property and personal property that may be affected by the commencement of proceedings under the Act, in the form set out in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after May 31, 2011.

Schedule “A” Regulations Respecting Civil Forfeiture made by the Governor in Council pursuant to

Section 29 of

Chapter 27 of the Acts of 2007, the Civil Forfeiture Act Citation 1 These regulations may be cited as the Civil Forfeiture Regulations.

Definitions for Act and regulations 2( 1 ) In these regulations,

N.S. Reg. 197/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 12 © NS Registry of Regulations. Web version. 477 “Act” means the Civil Forfeiture Act; “Manager of Civil Forfeiture” means the Manager.

(2) In the Act and these regulations, “application” means an action or an application under the Civil Procedure Rules. Forms of notices to be filed in registry of deeds for real property 3( 1 ) For the purpose of subsection 24(1) of the Act, the prescribed form for filing a notice in the registry of deeds that a proceeding commenced may affect real property is Form 1.

(2) For the purpose of subsection 24(3) of the Act, the prescribed form for (

a) filing an amendment or extension of a notice filed in the registry of deeds under subsection 24(1) of the Act is Form 2; (

b) cancelling a notice filed in the registry of deeds under in subsection 24(1) of the Act is Form 3. Forms of notices for registration in the personal property registry for personal property 4( 1 ) For the purpose of subsection 24(2) of the Act, the prescribed manner for registering a notice in the personal property registry that a proceeding commenced may affect personal property is the same as the manner in which a financing statement under the Personal Property Security Act is registered.

(2) When registering a notice in accordance with subsection (1), the Manager must (

a) indicate that the secured party is an enterpri se and enter the title “Manager of Assets, Civil Forfeiture Program” as the name of the secured party; and (

b) enter the following notice under the heading “Additional Information”: Take notice that a court proceeding has been commenced under the Civil Forfeiture Act and that the legal ownership of the personal property, or the whole or a portion of an interest in the personal property, described in this registration may be affected by the proceedings. If a forfeiture order is granted in the court proceedings, it may result in a forfeiture of any interest in the property effective the date of this registration.

Further information about this matter, or a copy of the documents by which this claim is made, may be obtained from the office of the Manager of Civil Forfeiture. The date of the commencement of the proceedings is _______, Court file number ________.

(3) For the purpose of subsection 24(3) of the Act, the prescribed manner for cancelling a notice registered in the personal property register under subsection 24(2) of the Act is the same as the manner in which a discharge of registration is made under

Section 69 of the Personal Property Security Act General Regulations made under the Personal Property Security Act. Persons to be notified and method of service (proceedings affecting real property) 5( 1 ) Except as provided in subsection (2), for proceedings under

Section 5 of the Act that may affect real property, the Manager is required to notify all persons who hold a registered or recorded interest in the property, whether or not the registered or recorded interest is the subject of the application for forfeiture.

(2) The Manager is not required to notify a person under subsection (1) who holds only an interest in a right-of-way or easement affecting the property.

N.S. Reg. 197/2011 Royal Gazette

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(3) For property registered under the Land Registration Act, notice to persons under subsection (1) must be served by delivering a copy of the Form 1 filed in the registry of deeds to the most recent address shown in the parcel register for the property, by (

a) registered mail; or (

b) personal service.

(4) For property not registered under the Land Registration Act, notice to persons under subsection (1) must be served by delivering a copy of the Form 1 filed in the registry of deeds in the manner directed by the court. Persons to be notified and method of service (proceedings affecting personal property) 6( 1 ) For proceedings under

Section 5 of the Act that may affect personal property, the Manager is required to notify all persons who have an interest or notice registered in the personal property registry.

(2) Notice to persons under subsection (1) must be served by delivering a completed Form 4 to the address shown in the personal property registry for the person by (

a) registered mail; or (

b) personal service. Form 1: Notice of Proceedings Affecting Real Property under the Civil Forfeiture Act (subsection 24(1) of the Civil Forfeiture Act) Take notice: Take notice that (1) a court proceeding has been commenced under the Civil Forfeiture Act, and (2) the legal ownership of the real property or the w hole or a portion of an interest in the real property described below may be affected by the proceedings. Forfeiture: If a forfeiture order is granted in the court proceedings, it may result in a forfeiture of any interest in the property, effective the date this notice is filed in the registry of deeds.

Description of property: [ ] The property is registered under the Land Registration Act: Civic address: PID No. OR

N.S. Reg. 197/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 12 © NS Registry of Regulations. Web version. 479 [ ] The property is not registered under the Land Registration Act: Civic address: Owner’s name on the consolidated index: Legal Description attached as

Schedule “A” Further information Further information about this matter, or a copy of the document(

s) by which the claim is made, may be obtained from the office of the Manager of Civil Forfeiture at: (contact info for Manager of Civil Forfeiture) Signature of Manager of Civil Forfeiture Civil Forfeiture Program Public Safety & Security Division Nova Scotia Department of Justice Date Form 2: Amendment of Extension of Notice of Proceedings Affecting Real Property under the Civil Forfeiture Act (subsection 24(3) of the Civil Forfeiture Act) Take notice: Take notice that the notice of proceedings affecting real property filed in the registry of deeds on _________________, 20___, as document number____________, that may affect the real property described below is: [ ] amended as follows: OR [ ] extended until ____________, 20____.

Description of property: [ ] The property is registered under the Land Registration Act: Civic address: PID No. OR [ ] The property is not registered under the Land Registration Act:

N.S. Reg. 197/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 12 480 © NS Registry of Regulations. Web version. Civic address: Owner’s name on the consolidated index: Legal Description attached as

Schedule “A” Signature of Manager of Civil Forfeiture Civil Forfeiture Program Public Safety & Security Division Nova Scotia Department of Justice Date Form 3: Cancellation of Notice of Proceedings Affecting Real Property under the Civil Forfeiture Act (subsection 24(3) of the Civil Forfeiture Act) Take notice: Take notice that the notice of proceedings affecting real property filed in the registry of deeds on ____________, 20___, as document number __________________, that may affect the real property described below is hereby cancelled.

Description of property: [ ] The property is registered under the Land Registration Act: Civic address: PID No. OR [ ] The property is not registered under the Land Registration Act: Civic address: Owner’s name on the consolidated index: Legal Description attached as

Schedule “A” Signature of Manager of Civil Forfeiture Civil Forfeiture Program Public Safety & Security Division Nova Scotia Department of Justice Date

N.S. Reg. 197/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 12 © NS Registry of Regulations. Web version. 481 Form 4: Notice of Proceedings Affecting Personal Property under the Civil Forfeiture Act (subsection 6(3) of the Civil Forfeiture Act) Take notice: Take notice that (1) a court proceeding has been commenced under the Civil Forfeiture Act, and (2) the legal ownership of the persona l property, or the whole or a portion of an interest in the personal property described below, may be affected by the proceedings.

Forfeiture: If a forfeiture order is granted in the court proceedings, it may result in a forfeiture of any interest in the property, effective the date that notice of the proceedings was registered in the personal property registry under subsection 24(2) of the Act, which was ________________ (date).

Description of property: (identifying information from the registration, serial number, etc.) Further information: Further information regarding this matter, or a copy of the documents by which the claim is made may be obtained from the office of the Manager of Civil Forfeiture at: (contact information for Manager of Civil Forfeiture) Signature of Manager of Civil Forfeiture Civil Forfeiture Program Public Safety & Security Division Nova Scotia Department of Justice Date

N.S. Reg. 198/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 12 482 © NS Registry of Regulations. Web version. N.S. Reg. 198/2011 Made: May 11, 2011 and May 31, 2011 Filed: June 1, 2011

Summary Offence Tickets Regulations Order in Council 2011-194 dated May 31, 2011 Amendment to regulations made by the Minister of Justice and the Governor in Council pursuant to

Section 8 of the

Summary Proceedings Act The Governor in Council on the report and recommendation of the Minister of Justice and Attorney General dated May 11, 2011, and pursuant to

Section 8 of

Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the

Summary Proceedings Act, is pleased to amend the

Summary Offence Tickets Regulations, N.S. Reg. 4/2001, made by the Governor in Council by Order in Council 2001-21 dated January 18, 2001, to include an offence under the Tanning Beds Act as a

summary offence ticket offence and set the out-of-court settlement amount for the offence in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after May 31, 2011. Order I, Ross Landry, Minister of Justice and Attorney General of Nova Scotia, hereby order and direct pursuant to

Section 8 of

Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the

Summary Proceedings Act, that the penalty to be entered on a summons in respect of an offence set out in amendments to the Schedules to the

Summary Offence Tickets Regulations, N.S. Reg. 4/2001, as set forth in

Schedule “A”, is the amount of the out- of-court settlement set out opposite the description of that offence, and the out-of-court settlement amount includes the charge provided for in, and in accordance with, Sections 8 and 9 of the Act. This Order is effective on and after the making by the Governor in Council of the amendments to the

Summary Offence Tickets Regulations set out in

Schedule “A”. Dated and made May 11, 2011, at Halifax, Halifax Regional Municipality, Province of Nova Scotia. Sgd.: Ross Landry Honourable Ross Landry Minister of Justice and Attorney General of Nova Scotia

Schedule “A” Amendment to the

Summary Offence Tickets Regulations made by the Governor in Council pursuant to

Section 8 of

Chapter 450 of the Revised Statutes of Nova Scotia, 1989, the

Summary Proceedings Act The

Summary Offence Tickets Regulations, N.S. Reg. 4/2001, made by the Governor in Council by Order in Council 2001-21 dated January 18, 2001, are amended by adding the following

Schedule immediately after

Schedule 36:

Schedule 37 Tanning Beds Act Offence

Section Out of Court Settlement 1. Failing to display prescribed signs 6 $282.71

N.S. Reg. 199/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 12 © NS Registry of Regulations. Web version. 483 N.S. Reg. 199/2011 Made: May 31, 2011 Filed: June 1, 2011 Proclamation, S. 13, S.N.S. 2010, c. 59 Order in Council 2011-195 dated May 31, 2011 Proclamation made by the Governor in Council pursuant to

Section 13 of

An Act to Amend

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act The Governor in Council on the report and recommendation of the Minister of Transportation and Infrastructure Renewal dated May 10, 2011, and pursuant to

Section 13 of

Chapter 59 of the Acts of 2010,

An Act to Amend

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is pleased to order and declare by proclamation that

Chapter 59 of the Acts of 2010,

An Act to Amend

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, do come into force on and not before June 1, 2011. PROVINCE OF NOVA SCOTIA sgd: Mayann Francis G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 13 of

Chapter 59 of the Acts of 2010,

An Act to Amend

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, it is enacted as follows: 13 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 59 of the Acts of 2010,

An Act to Amend

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, do come into force on and not before June 1, 2011; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 59 of the Acts of 2010,

An Act to Amend

Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, do come into force on and not before June 1, 2011, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Mayann E. Francis, Lieutenant Governor of the Province of Nova Scotia.

N.S. Reg. 199/2011 - 200/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 12 484 © NS Registry of Regulations. Web version. AT Our Government House in the Halifax Regional Municipality, this 31st day of May in the year of Our Lord two thousand and eleven and in the sixtieth year of Our Reign. BY COMMAND: sgd: Graham Steele [Acting] Provincial Secretary [Acting] Minister of Justice and Attorney General N.S. Reg. 200/2011 Made: June 2, 2011 Filed: June 3, 2011 Prescribed Petroleum Products Prices Order dated June 2, 2011 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Order NSUARB-GAS-W-11-24 In the Matter of the Petroleum Products Pricing Act - and - In the Matter of Prescribing Prices for Petroleum Products pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Peter W. Gurnham, Q.C., Chair Order

Whereas the purpose of the Petroleum Products Pricing Regulations is to ensure just and reasonable prices for specified petroleum products taking into consideration the objectives of preserving the availability of such products in rural areas, stabilizing prices of such products and minimizing the variances in prices of such products across the Province; And

whereas the Nova Scotia Utility and Review Board (“Board”) considered the manner in which it would proceed to set petroleum prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended June 1, 2011, are: Grade 1 Regular gasoline 75.4¢ per litre Ultra-low-sulfur diesel oil 79.0¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 75.4¢ per litre Grade 2 78.4¢ per litre Grade 3 81.4¢ per litre Ultra-low-sulfur diesel oil 79.0¢ per litre

N.S. Reg. 200/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 12 © NS Registry of Regulations. Web version. 485 And

now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: nil Ultra-low-sulfur diesel oil: plus 0.7¢ per litre And

now therefore the Board prescribes the prices for petroleum products as set forth in

Schedule “A” effective on and after 12:01 a.m., June 3, 2011. Dated at Halifax, Nova Scotia, this 2nd day of June, 2011. Sgd: Elaine Wagner 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 June 3, 2011 Nova Scotia Petroleum Price

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

Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 81.7 84.7 87.7 86.0 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 107.2 110.2 113.2 105.4 127.9 131.3 134.8 125.8 129.6 133.1 136.5 127.5 127.9 131.3 134.8 125.8 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 82.1 85.1 88.1 86.4 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 107.6 110.6 113.6 105.8 128.3 131.8 135.2 126.3 130.1 133.5 137.0 128.0 128.3 131.8 135.2 126.3 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 82.6 85.6 88.6 86.9 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 108.1 111.1 114.1 106.3 128.9 132.4 135.8 126.8 130.6 134.1 137.5 128.6 128.9 132.4 135.8 126.8 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 82.6 85.6 88.6 86.9 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 108.1 111.1 114.1 106.3 128.9 132.4 135.8 126.8 130.6 134.1 137.5 128.6 128.9 132.4 135.8 126.8 999.9 999.9 999.9 999.9

N.S. Reg. 200/2011 Royal Gazette

Part II - Regulations Vol. 35, No. 12 486 © NS Registry of Regulations. Web version. Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 82.6 85.6 88.6 86.9 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 108.1 111.1 114.1 106.3 128.9 132.4 135.8 126.8 130.6 134.1 137.5 128.6 128.9 132.4 135.8 126.8 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 83.4 86.4 89.4 87.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 108.9 111.9 114.9 107.1 129.8 133.3 136.7 127.8 131.6 135.0 138.5 129.5 129.8 133.3 136.7 127.8 999.9 999.9 999.9 999.9

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 190/2011
Date	2011-01-01
Type	gazette
Volume / chapter	just regulations rg2 2011 jn1711
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	af8a56ea27e03e7492bf15a0a92acfd9fd031242

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