© NS Registry of Regulations. Web version. 887

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 25, No. 20 October 5, 2001 Contents Act Reg. No. Page Crane Operators and Power Engineers Act C r a n e O p e r a t o r s R e g u l a t i o n s - A m e n d m e n t ................................ 120/2001 888 Environment Act Ministerial Order re Michelle Lee Moxon, Richard Austin Watts, t h e B a n k o f N o v a S c o t i a a n d S c o t i a M o r t g a g e C o r p o r a t i o n...................121/2001 890 Probate Act and Justice Administration Amendment

(2001) Act Proclamation, S. 108, S.N.S. 2000, c. 31–S. 1, 3-84, 90-103,106 and 107(1); and S. 50(3), S.N.S. 2001, c. 5–S. 12-25, 30 and 32 .................. 122/2001 893 AVAILABLE NOW The final issue of the 2001 subscription year of the Folio®-based Nova Scotia Regulations CD-ROM, containing the consolidated regulations of Nova Scotia and the quarterly sectional index of regulations, is now available from the Office of the Registrar of Regulations. For information or subscriptions please call (902) 424-6723 or visit our website at <www.gov.ns.ca/just/regulations/cd>.

888 © NS Registry of Regulations. Web version. N.S. Reg. 120/2001 ROYAL GAZETTE

Part II Regulations N.S. Reg. 120/2001 Made: September 12, 2001 Filed: September 18, 2001 Crane Operators Regulations Order in Council 2001-448 made September 12, 2001 Amendment to regulations approved by the Governor in Council pursuant to

Section 19 of the Crane Operators and Power Engineers Act The Governor in Council on the report and recommendation of the Minister of Environment and Labour dated September 5, 2001, and pursuant to

Section 19 of

Chapter 23 of the Acts of 2000, the Crane Operators and Power Engineers Act, is pleased to approve of an amendment to the Crane Operators Regulations made by the Minister of Environment and Labour and approved by the Governor in Council by Order in Council 2001-434 dated August 30, 2001, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after September 1, 2001. In the matter of

Section 19 of

Chapter 23 of the Acts of 2000, the Crane Operators and Power Engineers Act - and - In the matter of an amendment to the Crane Operators Regulations made by the Minister of Environment and Labour pursuant to

Section 19 of the Crane Operators and Power Engineers Act ORDER I, David Morse, Minister of Environment and Labour for the Province of Nova Scotia, pursuant to

Section 19 of

Chapter 23 of the Acts of 2000, the Crane Operators and Power Engineers Act, do hereby amend the Crane Operators Regulations in the manner set forth in

Schedule “A”, effective on and after September 1, 2001. Dated and made at Halifax, Nova Scotia, September 5, 2001. (Sgd.) David Morse Honourable David Morse Minister of Environment and Labour

© NS Registry of Regulations. Web version. 889 N.S. Reg. 120/2001 ROYAL GAZETTE

Part II Regulations

Schedule “A” Amendment to the Crane Operators Regulations approved by the Governor in Council pursuant to

Section 19 of

Chapter 23 of the Acts of 2000, the Crane Operators and Power Engineers Act The Crane Operators Regulations made by the Minister of Environment and Labour and approved by the Governor in Council by Order in Council 2001-434 dated August 30, 2001, are amended by adding the following

Schedule immediately after

Section 32:

Schedule Fees Column I Service Column II Fee 1 Examination for certificate 2 Re-write of examination 3 Remarking of examination 4 Issuance of certificate and annual renewal 5 Replacement of certificate 6 Hourly rate for requested special services for examination 7 Restricted certificate 8 Reinstatement 9 Oral examination $30.00 per paper $30.00 per paper $30.00 per paper $50.00 $50.00 $75.00 $75.00 $75.00 $60.00

890 © NS Registry of Regulations. Web version. N.S. Reg. 121/2001 ROYAL GAZETTE

Part II Regulations N.S. Reg. 121/2001 Made: August 29, 2001 Filed: September 26, 2001 Ministerial Order re Michelle Lee Moxon, Richard Austin Watts, the Bank of Nova Scotia and Scotia Mortgage Corporation Order dated August 29, 2001 made under subsection 125(1) of the Environment Act 16 - 01 IN THE MATTER OF

Chapter 1 of the Statutes of Nova Scotia 1994-95, the Environment Act - and - IN THE MATTER OF an Order issued pursuant to the provisions of the said Act to Michelle Lee Moxon and Richard Austin Watts, of Lower Sackville, Halifax Regional Municipality, Province of Nova Scotia; The Bank of Nova Scotia, a body corporate and Scotia Mortgage Corporation, a body Corporate MINISTERIAL ORDER I

WHEREAS Michelle Lee Moxon and Richard Austin Watts, the Bank of Nova Scotia and Scotia Mortgage Corporation, own, occupy, operate or are responsible for the operation of a plant, structure, facility, undertaking or thing, to wit: a residential property which is located at or near 1320 Old Sackville Road, Lower Sackville, in the County of Halifax, Province of Nova Scotia, hereafter called the “Site”; II. AND

WHEREAS the Minister of Environment and Labour believes on reasonable and probable grounds that the persons named in this Ministerial Order have contravened the Environment Act and regulations, including subsection 67(2) and

Section 71 of the Act, which follow: 67

(2) No person shall release or permit the release into the environment of a substance in an amount, concentration or level or at a rate of release that causes or may cause a significant adverse effect, unless authorized by an approval or the regulations. 71 Any person responsible for the release of a substance under this Part shall, at that person’s own cost, and as soon as that person knows or ought to have known of the release of a substance into the environment that has caused, is causing or may cause an adverse effect, (

a) take all reasonable measures to (

i) prevent, reduce and remedy the adverse effects of the substance, and

© NS Registry of Regulations. Web version. 891 N.S. Reg. 121/2001 ROYAL GAZETTE

Part II Regulations (ii) remove or otherwise dispose of the substance in such a manner as to minimize adverse effects; (

b) take any other measures required by an inspector or an administrator; and (

c) rehabilitate the environment to a standard prescribed or adopted by the Department. III. AND

WHEREAS the Minister is of the opinion that it is in the public interest to do all things and take all steps necessary to comply with the Environment Act or to repair any injury or damage, or to control, eliminate or manage an adverse effect; IT IS HEREBY ORDERED: That pursuant to subsection 125(1) of the Environment Act, the persons named in this Ministerial Order shall, at their own cost, comply with the terms and conditions, including compliance times, set forth in

Schedule “A” attached to and forming part of this Ministerial Order. AND TAKE NOTICE if the persons to whom this Ministerial Order is directed fail to comply with the Ministerial Order, or any part thereof, the Minister, pursuant to [sub]section 132(2) of the Environment Act, may take whatever action the Minister considers necessary to carry out the terms of the Ministerial Order and may recover any reasonable costs, expenses and charges incurred by the Minister pursuant to

Section 132 of the Environment Act. AND FURTHER TAKE NOTICE that the appeal provisions respecting the issuance of a Ministerial Order are more fully outlined in

Section 138 of the Environment Act, including a 30 day time period from the date of the issuance of the Ministerial Order to file an appeal. DATED at Halifax, in the County of Halifax, Province of Nova Scotia, this 29 th day of August, 2001. (Sgd.) David Morse The Honourable David Morse Minister of Environment and Labour

SCHEDULE “A” TERMS AND CONDITIONS Michelle Lee Moxon and Richard Austin Watts, the Bank of Nova Scotia, Scotia Mortgage Corporation 1. Remediation Plan On or before October 1, 2001, the persons named in this Ministerial Order shall submit for approval to the Nova Scotia Department of Environment and Labour a Remedial Action Plan prepared by an independent environmental site professional which will include and address the following:

892 © NS Registry of Regulations. Web version. N.S. Reg. 121/2001 ROYAL GAZETTE

Part II Regulations (

a) a complete site assessment in accordance w ith current guidelines for the management of contaminated sites in Nova Scotia, including, but not limited to, the Guidelines for the Management of Contaminated sites in Nova Scotia dated March 27, 1996 and the Interim Procedure for the Implementation of Risk Based Corrective Action (RBCA) for the Management of Petroleum Hydrocarbon contaminated Sites dated October 8, 1999. Existing data and additional information will be used in the site assessment as required, to define the extent and level of contaminant impacts, both on and off the Site; (

b) a description of the remediation technologies and methodologies to be used to remediate the soil and groundwater both on and off the Site; (

c) a description of a program to monitor the soil and groundwater both on and off the Site for the duration of the remediation; (

d) a time

schedule to implement the remediation plan, including the removal or disposal of contaminants or waste. 2. Implementation Within 5 days of receipt of approval of the remediation plan by the Nova Scotia Department of Environment and Labour, the persons named in this Ministerial Order shall commence work under the remediation plan and complete the same within the approved time periods. 3.

Progress Reports Once remediation has commenced under Paragraph 3, the persons named in this Ministerial Order shall submit a written progress report, including results of the required monitoring program, to the Department of Environment and Labour on a bi-weekly basis or at more frequent intervals if required by the Department. 4. Final Report Within 30 days of the completion of the work required pursuant to the remediation plan, the persons named in this Order shall submit to the Department of Environment and Labour a final report prepared by the environmental site professional.

The final report shall address the issues of follow-up groundwater monitoring and a long term site management plan. 5. Department Contact Unless otherwise notified in writing by the Minister, the contact person at the Department of Environment and Labour is: Dan Hiltz, Regional Manager Nova Scotia Department of Environment and Labour 1595 Bedford Highway, Suite 224 Bedford NS B4A 3Y4 Telephone: (902) 424-3862 Fax: (902) 424-0597

© NS Registry of Regulations. Web version. 893 N.S. Reg. 122/2001 ROYAL GAZETTE

Part II Regulations N.S. Reg. 122/2001 Made: September 28, 2001 Filed: September 28, 2001 Proclamation, S. 108, S.N.S. 2000, c. 31 and S. 50(3), S.N.S. 2001, c. 5 Order in Council 2001-466 made September 28, 2001 Proclamation made by the Governor in Council pursuant to

Section 108 of the Probate Act and subsection 50(3) of the Justice Administration Amendment

(2001) Act The Governor in Council on the report and recommendation of the Minister of Justice dated September 25, 2001, pursuant to

Section 108 of

Chapter 31 of the Acts of 2000, the Probate Act, subsection 50(3) of

Chapter 5 of the Acts of 2001, the Justice Administration Amendment

(2001) Act, and subsection 3(7) of

Chapter 235 of the Revised Statutes of Nova Scotia, 1989, the

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

a) Sections 1, 3 to 84, 90 to 103 and 106 and sub section (1) of

Section 107 of

Chapter 31 of the Acts of 2000, the Probate Act; and (

b) Sections 12 to 25, 30 and 32 of

Chapter 5 of the Acts of 2001, the Justice Administration Amendment

(2001) Act, come into force on and not before October 1, 2001. PROVINCE OF NOVA SCOTIA Sgd: Myra A. Freeman 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, GREETING: A PROCLAMATION

WHEREAS in and by

Section 108 of

Chapter 31 of the Acts of 2000, the Probate Act, it is enacted as follows: 108 Sections 1 and 3 to 84, 90 to 103, Sections 105 and 106 and subsection 107(1) come into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS in and by subsection 50(3) of

Chapter 5 of the Acts of 2001, the Justice Administration Amendment

(2001) Act, it is enacted as follows: 50(3) Sections 5, 10 to 25, 30, 32 and 36 come into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that (

a) Sections 1, 3 to 84, 90 to 103 and 106 and sub section (1) of

Section 107 of

Chapter 31 of the Acts of 2000, the Probate Act; and

894 © NS Registry of Regulations. Web version. N.S. Reg. 122/2001 ROYAL GAZETTE

Part II Regulations (

b) Sections 12 to 25, 30 and 32 of

Chapter 5 of the Acts of 2001, the Justice Administration Amendment

(2001) Act, come into force on October 1, 2001; 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 (

a) Sections 1, 3 to 84, 90 to 103 and 106 and sub section (1) of

Section 107 of

Chapter 31 of the Acts of 2000, the Probate Act; and (

b) Sections 12 to 25, 30 and 32 of

Chapter 5 of the Acts of 2001, the Justice Administration Amendment

(2001) Act, come into force on October 1, 2001, 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 Myra A. Freeman, Lieutenant Governor of the Province of Nova Scotia. AT Our Government House in the Halifax Regional Municipality, this 28 th day of September, in the year of Our Lord two thousand and one and in the 50th year of Our Reign. BY COMMAND: Sgd: Michael G. Baker Provincial Secretary Minister of Justice and Attorney General