Safer Communities and Neighbourhoods Act Safer Communities and Neighbourhoods Regulations–amendment

N.S. Reg. 310/2013

Nova Scotia — Gazette

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 37, No. 20 October 4, 2013 Contents Act Reg. No.

Page Cyber-safety Act Proclamation of Act, S. 42, S.N.S. 2013, c. 2—Part V ............................ 313/2013 862 Halifax Regional Municipality Charter Interim Planning Area Order—Nova Centre Subgrade Portion ...................... 310/2013 856 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 311/2013 858 Prescribed Petroleum Products Prices ......................................... 312/2013 860 Safer Communities and Neighbourhoods Act Safer Communities and Neighbourhoods Regulations–amendment .................. 314/2013 863 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. © NS Registry of Regulations. Web version. 855

N.S. Reg. 310/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 20 N.S. Reg. 310/2013 Made: September 6, 2013 Filed: September 12, 2013 Interim Planning Area Order Order dated September 6, 2013 made by the Minister of Service Nova Scotia and Municipal Relations pursuant to subsections 214(3) and (4) of the Halifax Regional Municipality Charter Ministerial Order Establishing and Regulating an Interim Planning Area made under subsections 214(3) and (4) of the Halifax Regional Municipality Charter S.N.S. 2008, c. 39, as amended

Whereas the Governor in Council adopted the Statement of Provincial Interest Regarding the Development of the Nova Centre by Order in Council 2013-258 (dated August 6, 2013), (the “SPI”) pursuant to

Section 193 of the Municipal Government Act and identified that the timely construction of the subgrade portion of a proposed development complex by Argyle Developments Inc. (“Argyle”) in the site bounded by Argyle, Sackville, Market and Prince Streets in downtown Halifax (the “Nova Centre site”) is a matter of provincial interest; And

whereas Argyle has been carrying out excavation of the Nova Centre site, at its sole cost, expense and risk, for the construction of the development complex, which is to include office towers, a hotel, retail shops, residential space, a parking garage and a convention centre (collectively the “Nova Centre”); And

whereas the next phase of the development of the Nova Centre involves the construction of footings and foundations and other building parts, including two floors of underground parking and one floor, in whole or in part, of convention centre space (collectively the “Nova Centre Subgrade Construction”); And

whereas the Nova Centre Subgrade Construction is intended to be constructed in that part of the Nova Centre site that is below the level of the established geodetic elevations at the top of the curb along the west side of Argyle Street between Prince Street and Sackville Street and the required grade of the sidewalk between the curb and the building (the “Nova Centre Subgrade Portion”); And

whereas Argyle’s participation in the HRM by Design process resulted in changes to the original design of the Nova Centre to reflect the public’s input, and these changes have prevented Argyle from filing an application showing a design for the entire Nova Centre with the Municipality in a timely manner, and

whereas Argyle has not obtained an encroachment license or street closure authorization or otherwise complied with planning requirements of the Municipality, with the result being that the Nova Centre Subgrade Construction cannot be considered for site plan approval or a development permit or building permits by the Municipality’s permitting authority as a result of the present requirements of the Downtown Halifax Secondary Municipal Planning Strategy (“MPS”) and the Downtown Halifax Land Use By-law (“LUB”); And

whereas Argyle cannot proceed with the Nova Centre Subgrade Construction without a site plan approval, development permit and building permits, and other municipal approvals, licenses and permits, including an encroachment license or street closure authorization in respect of Grafton Street; And

whereas Argyle has applied to the Municipality, by application dated July 19, 2013, to amend the MPS and the LUB, and the Argyle application is currently under consideration by staff of the Municipality as Case No. 18708; 856 © NS Registry of Regulations. Web version.

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Part II - Regulations Vol. 37, No. 20 And

whereas on July 23, 2013, the Council of the Municipality passed a resolution requesting that the Province consider the adoption of a Statement of Provincial Interest and the creation of an Interim Planning Area Order to facilitate the timely construction of the underground portions of the Nova Centre site; And

whereas the Municipality has advised that should it receive a request from me to adopt or amend its planning documents so that they are reasonably consistent with the SPI, it could not comply with the request in a manner that would permit the timely development and construction of the subgrade portion of the Nova Centre site, as is required in the SPI; And

whereas I am satisfied that there are necessary and compelling reasons to establish and regulate the Nova Centre Subgrade Portion as an interim planning area pursuant to

Section 214 of the Halifax Regional Municipality Charter to protect the provincial interest;

Now therefore, I order the following: 1 The Nova Centre Subgrade Portion shall be established as an Interim Planning Area. 2 The LUB is amended by adding to sub

section 10 of

section 5 the following clause: (

j) development of the Nova Centre Subgrad e Construction pursuant to subsection 15BA of

section 7 of this By-law. 3 The LUB is further amended by addi ng subsection 15BA of

section 7 as follows: (15BA) The Nova Centre Subgrade Construction ma y be developed in the Nova Centre Subgrade Portion; 4 In addition to the requirements of the LUB, the following additional conditions and requirements shall apply for the issuance of a development permit: (

a) Development of the Nova Centre Subgrade C onstruction shall be built so as to structurally support the reinstatement of Grafton Street pursuant to municipal requirements; and (

b) Vehicular access to and from the parking levels shall meet all municipal requirements and shall not be from Argyle Street. 5 Nothing in this Order shall: (

a) prevent the closure, sale, or lease of la nds owned by the Halifax Regional Municipality, including Grafton Street; and (

b) exempt the development of the Nova Centre, othe r than to the extent prescribed in this Order, from complying with the requirements of any other By-law of the Municipality or from obtaining any license, permission, permit, authority, or approval required by any other By-law of the Municipality or any regulation or other enactment of the Province of Nova Scotia or the Government of Canada. This Order has effect on September 6, 2013, and continues in effect until it is amended or revoked. Sgd.: John MacDonell Honourable John MacDonell Minister of Service Nova Scotia and Municipal Relations © NS Registry of Regulations. Web version. 857

N.S. Reg. 311/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 20 N.S. Reg. 311/2013 Made: September 12, 2013 Filed: September 13, 2013 Prescribed Petroleum Products Prices Order dated September 12, 2013 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-13-37 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 Board revised the retail margin and transportation allowance effective January 6, 2012, in its decision, 2011 NSUARB 181, issued on November 23, 2011; And

whereas the Board revised the wholesale margin effective January 4, 2013, in its decision 2012 NSUARB 213, issued on December 12, 2012; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended September 11, 2013, are: Grade 1 Regular gasoline 78.3¢ per litre Ultra-low-sulfur diesel oil 85.0¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 78.3¢ per litre Grade 2 81.3¢ per litre Grade 3 84.3¢ per litre Ultra-low-sulfur diesel oil 85.0¢ 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 0.8¢ per litre Ultra-low-sulfur diesel oil: Nil 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., September 13, 2013. 858 © NS Registry of Regulations. Web version.

N.S. Reg. 311/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 20 Dated at Halifax, Nova Scotia, this 12th day of September, 2013. 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 September 13, 2013 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 84.7 87.7 90.7 92.2 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 110.2 113.2 116.2 111.6 132.2 135.7 139.2 133.9 134.3 137.8 141.2 135.9 132.2 135.7 139.2 133.9 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 85.2 88.2 91.2 92.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 110.7 113.7 116.7 112.1 132.8 136.3 139.7 134.4 134.9 138.3 141.8 136.5 132.8 136.3 139.7 134.4 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 85.6 88.6 91.6 93.1 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 111.1 114.1 117.1 112.5 133.3 136.7 140.2 134.9 135.4 138.8 142.3 137.0 133.3 136.7 140.2 134.9 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 85.7 88.7 91.7 93.2 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 111.2 114.2 117.2 112.6 133.4 136.8 140.3 135.0 135.5 138.9 142.4 137.1 133.4 136.8 140.3 135.0 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 85.7 88.7 91.7 93.2 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 111.2 114.2 117.2 112.6 133.4 136.8 140.3 135.0 135.5 138.9 142.4 137.1 133.4 136.8 140.3 135.0 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 86.4 89.4 92.4 93.9 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 111.9 114.9 117.9 113.3 134.2 137.7 141.1 135.8 136.3 139.7 143.2 137.9 134.2 137.7 141.1 135.8 999.9 999.9 999.9 999.9 © NS Registry of Regulations.

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N.S. Reg. 312/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 20 N.S. Reg. 312/2013 Made: September 19, 2013 Filed: September 20, 2013 Prescribed Petroleum Products Prices Order dated September 19, 2013 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-13-38 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: Roberta J. Clarke, Q.C., 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 Board revised the retail margin and transportation allowance effective January 6, 2012, in its decision, 2011 NSUARB 181, issued on November 23, 2011; And

whereas the Board revised the wholesale margin effective January 4, 2013, in its decision 2012 NSUARB 213, issued on December 12, 2012; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended September 18, 2013, are: Grade 1 Regular gasoline 75.0¢ per litre Ultra-low-sulfur diesel oil 83.3¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 75.0¢ per litre Grade 2 78.0¢ per litre Grade 3 81.0¢ per litre Ultra-low-sulfur diesel oil 83.3¢ 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 1.2¢ per litre Ultra-low-sulfur diesel oil: minus 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., September 20, 2013. 860 © NS Registry of Regulations. Web version.

N.S. Reg. 312/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 20 Dated at Halifax, Nova Scotia, this 19th day of September, 2013. 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 September 20, 2013 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 80.9 83.9 86.9 89.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 106.4 109.4 112.4 109.2 127.9 131.3 134.8 131.1 130.0 133.4 136.8 133.2 127.9 131.3 134.8 131.1 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 81.4 84.4 87.4 90.3 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 106.9 109.9 112.9 109.7 128.5 131.9 135.4 131.7 130.5 134.0 137.4 133.7 128.5 131.9 135.4 131.7 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 81.8 84.8 87.8 90.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 107.3 110.3 113.3 110.1 128.9 132.4 135.8 132.1 131.0 134.4 137.9 134.2 128.9 132.4 135.8 132.1 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 81.9 84.9 87.9 90.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 107.4 110.4 113.4 110.2 129.0 132.5 135.9 132.2 131.1 134.5 138.0 134.3 129.0 132.5 135.9 132.2 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 81.9 84.9 87.9 90.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 107.4 110.4 113.4 110.2 129.0 132.5 135.9 132.2 131.1 134.5 138.0 134.3 129.0 132.5 135.9 132.2 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 82.6 85.6 88.6 91.5 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 108.1 111.1 114.1 110.9 129.8 133.3 136.7 133.1 131.9 135.4 138.8 135.1 129.8 133.3 136.7 133.1 999.9 999.9 999.9 999.9 © NS Registry of Regulations.

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N.S. Reg. 313/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 20 N.S. Reg. 313/2013 Made: September 25, 2013 Filed: September 25, 2013 Proclamation, S. 42, S.N.S. 2013, c. 2 Order in Council 2013-343 dated September 25, 2013 Proclamation made by the Governor in Council pursuant to

Section 42 of the Cyber-safety Act The Governor in Council on the report and recommendation of the Minister of Justice dated August 28, 2013, and pursuant to

Section 42 of

Chapter 2 of the Acts of 2013, the Cyber-safety Act, and subsection 3(7) of

Chapter 235 of the Revised Statutes, 1989, the

Interpretation Act, is pleased to order and declare by proclamation that

Part V of

Chapter 2 of the Acts of 2013, the Cyber-safety Act, do come into force on and not before September 25, 2013. PROVINCE OF NOVA SCOTIA sgd: J. J. Grant G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 42 of

Chapter 2 of the Acts of 2013, the Cyber-safety Act, it is enacted as follows: 42 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

Part V of

Chapter 2 of the Acts of 2013, the Cyber-safety Act, do come into force on and not before September 25, 2013. 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

Part V of

Chapter 2 of the Acts of 2013, the Cyber-safety Act, do come into force on and not before September 25, 2013, 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 His Honour Brigadier-General, the Honourable J. J. Grant (Retired), Lieutenant Governor of the Province of Nova Scotia. 862 © NS Registry of Regulations. Web version.

N.S. Reg. 313/2013 - 314/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 20 AT Our Government House in the Halifax Regional Municipality, this 25th day of September in the year of Our Lord two thousand and thirteen and in the sixty-second year of Our Reign. BY COMMAND: sgd: Ross Landry Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 314/2013 Made: September 25, 2013 Filed: September 25, 2013 Safer Communities and Neighbourhoods Regulations Order in Council 2013-344 dated September 25, 2013 Amendment to regulations made by the Governor in Council pursuant to

Section 67 of the Safer Communities and Neighbourhoods Act The Governor in Council on the report and recommendation of the Minister of Justice dated August 28, 2013, and pursuant to

Section 67 of

Chapter 6 of the Acts of 2006, the Safer Communities and Neighbourhoods Act, is pleased to amend the Safer Communities and Neighbourhoods Regulations, N.S. Reg. 237/2006, made by the Governor in Council by Order in Council 2006-580 dated December 21, 2006, to implement amendments to the Act made by

Chapter 2 of the Acts of 2013, the Cyber-safety Act, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after September 25, 2013.

Schedule “A” Amendment to the Safer Communities and Neighbourhoods Regulations made by the Governor in Council under

Section 67 of

Chapter 6 of the Acts of 2006, the Safer Communities and Neighbourhoods Act 1 Subsection 2(1) of the Safer Communities and Neighbourhoods Regulations, N.S. Reg. 237/2006, made by the Governor in Council by Order in Council 2006-580 dated December 21, 2006, is amended by (

a) striking out the clause letter before each definition; (

b) adding the following definition immediately after the definition of “community safety order”: “cyberbullying prevention order” means an order made by the Supreme Court of Nova Scotia under

Section 26F of the Act; (

c) striking out “Policing and Victim Services Divisi on” in the definition of “government enforcement agent” and substituting “Investigation Section, Public Safety and Security Division”; (

d) adding the following definition immediately after th e definition of “government enforcement agent”: © NS Registry of Regulations. Web version. 863

N.S. Reg. 314/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 20 “notice of objection” means a notice of objection served by a respondent on the Director under subsection 26I(1) of the Act; (

e) striking out the definition of “order” and substituting the following definition: “order to close a property” means an order made by the Supreme Court of Nova Scotia under

Section 9 of the Act. 2

Section 3 of the regulations is amended by striki ng out “Policing and Victim Services Division” and substituting “Investigation Section, Public Safety and Security Division”. 3 (1) Subsection 4(1) of the regulations is ame nded by striking out “an order” and substituting “a community safety order or an order to close a property”. (2) Subsection 4(3) of the regulations is amende d by striking out “an order” and substituting “a community safety order or an order to close a property”. 4 (1) Subsection 5(1) of the regulations is amended by (

a) striking out the text preceding clause (

a) and substituting “A community safety order or an order to close a property to be served by the Director on a respondent under clause 12(1)(

a) of the Act must be served by 1 of the following methods:”; and (

b) repealing clause (

c) and substituting the following clause: (

c) substituted service in accordance with subsection (2).

(2) Section 5 of the regulations is further am ended by renumbering subsections (2) and (3) as subsections (3) and (4), respectively, and adding the following subsection immediately after subsection (1):

(2) If it is impracticable for any reason for the Director to serve an order by 1 of the methods described in clauses (1)(

a) and (b), the Director may serve the order by substituted service by publishing a copy of the order in 2 issues of a newspaper that has general circulation in the area where the property that is the subject of the order is located. (3) Subsection 5(3) of the regulations is amended by striking out “An order that is sent” and substituting “A community safety order or an order to close a property that is served”. (4) Subsection 5(4) of the regulations is amended by (

a) striking out “in accordance with clause (1 )(c)” and substituting “by substituted service in accordance with subsection (2)”; and (

b) adding “as required by clause 12(1)(

b) of the Act” immediately after “the 3rd day after the date it is posted on the property”. 5

Section 6 of the regulations is repeal ed and the following

Section substituted: 6( 1 ) Except as provided in subsection (2), a copy of a community safety order or an order to close a property to be served under subsection 12(3) of the Act by the respondent on a person who is lawfully occupying or who has a right to occupy the property must be served by 864 © NS Registry of Regulations. Web version.

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Part II - Regulations Vol. 37, No. 20 (

a) personal service on the person; or (

b) personal service on a person at the property who appears to be an adult.

(2) If it is impracticable to serve a copy of an order by 1 of the methods described in subsection (1) because of unreasonable expense, undue delay or risk of harm to the respondent who is attempting to serve the copy of the order, the respondent must notify the Director, who may, in accordance with subsection 12(4) of the Act, serve a copy of the order by (a) 1 of the methods described in subsection (1); or (

b) substituted service in accordance with subsection (3).

(3) If it is impracticable for any reason for the Director to serve a copy of order by 1 of the methods described in subsection (1), the Director may serve the order by substituted service by publishing a copy of the order in 2 issues of a newspaper that has general circulation in the area where the property that is the subject of the order is located. 6

Section 8 of the regulations is amended by striking out “in the order” in the text preceding clause (

a) and substituting “in the community safety order or the order to close a property”. 7 The regulations are further amended by adding th e following Sections immediately after

Section 8: Serving cyberbullying prevention order 9( 1 ) A cyberbullying prevention order to be served on a respondent under subsection 26H(1) of the Act must be served by the Director by 1 of the following methods: (

a) personal service in accordance with th e Civil Procedure Rules made under the Judicature Act; (

b) substituted service in accordance with subsection (2).

(2) If it is impracticable for any reason for the Director to personally serve a respondent with a cyberbullying prevention order, the Director may serve the order by substituted service by serving it on a person who appears to be an adult and who (

a) resides with the respondent; (

b) is a member of the respondent’s family; or (

c) is able to bring the order to the respondent’s attention. Notice of objection 10

(1) A notice of objection must be in the form set out in

Schedule B.

(2) Service of a notice of objection must be by (

a) personal service on the Director or a person authorized by the Director to receive documents and notices on the Director’s behalf; or (

b) any class of prepaid mail that provides the sender with an acknowledgment of receipt. © NS Registry of Regulations. Web version. 865

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Part II - Regulations Vol. 37, No. 20

(3) The copy of the notice of objection and proof of service required to be filed with the Court by subsection 26I(2) of the Act must be accompanied by the form set out in

Schedule C. Storage and disposal of property 11

(1) Storage by the Director of confiscated property as required by subsection 26X(3) of the Act must be in accordance with any applicable order of the Court, and the Director must make reasonable security arrangements against theft and destruction of the property.

(2) When a cyberbullying prevention order expires and there is no application for a new cyberbullying prevention order with respect to the same matter, the Director must make reasonable efforts to return any property confiscated under the order.

(3) Six months after a cyberbullying prevention order expires, the Director may destroy any property confiscated under the order that the Director has been unable to return. 8 The regulations are further amended by adding the attached

Schedule B and

Schedule C immediately after

Schedule A.

Schedule B Notice of Objection (Section 26I of the Safer Communities and Neighbourhoods Act) TO: Director, Public Safety Investigative Section, Pub lic Safety and Security Division, Department of Justice RE: Notice of objection by respondent to cyberbullying prevention order dated , 20 1. This is to notify you that I, the respondent, am objecting to the cyberbullying prevention order made on , 20 . A copy of the cyberbullying prevention order is attached. 2. The reason(

s) for my objection is/are: (state reasons concisely and use additional pages if necessary) (If a lawyer is representing you for the purpose of this objection, complete item 3.) 3. I have a lawyer for the purpose of this objection. My lawyer’s name is Contact information: Signature of respondent ____________________________ Date Print name 866 © NS Registry of Regulations. Web version.

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Part II - Regulations Vol. 37, No. 20

Schedule C Copy of Notice of Objection and Proof of Service (Section 26I of the Safer Communities and Neighbourhoods Act) 20 No. SUPREME COURT OF NOVA SCOTIA BETWEEN: Director, Public Safety Investigative Section, Public Safety and Security Division, Department of Justice Applicant - and - (name of Respondent) Respondent Respondent objects The respondent is objecting to the cyberbullying prevention order made on , 20 . A copy of the cyberbullying prevention order is attached. A copy of the notice of objection served on the Director on , 20 and proof of service on the Director are attached.

Signature Signature of respondent ____________________________ Date Print name (or, if the respondent is represented by a lawyer for the purpose of the objection) Signature of counsel ____________________________ Date (name) as counsel for (name of respondent) © NS Registry of Regulations. Web version. 867

N.S. Reg. 314/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 20 Prothonotary’s certificate I certify that this form and the documents attached to it were filed with the court on , 20 . Prothonotary (Attach copy of cyberbullying prevention order, notice of objection to the Director, and proof of service on the Director.) 868 © NS Registry of Regulations. Web version.

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 310/2013
Date	2013-01-01
Type	gazette
Volume / chapter	just regulations rg2 2013 oc0413
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	b2c2f3a732fcd0db3ba9d90af3454ae158beacf6

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