Summary Offence Tickets Regulations–amendment Order dated May 2, 2016

N.S. Reg. 92/2016

Nova Scotia — Gazette

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 40, No. 11 May 27, 2016 Contents Act Reg. No.

Page Civil Service Act General Civil Service Regulations–amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97/2016 556 Education Act Electoral Districts and Number of Members Order: Cape Breton-Victoria Regional School Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98/2016 557 Electoral Districts and Number of Members Order: South Shore Regional School Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100/2016 562 Municipal Government Act Polling Districts Order: Municipality of the District of East Hants–amendment. . . . . . . . . 95/2016 509 Petroleum Products Pricing Act Prescribed Petroleum Products Prices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93/2016 506 Prescribed Petroleum Products Prices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99/2016 560 Private Career Colleges Act Private Career Colleges Operational Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96/2016 522 Public Service Superannuation Act Public Service Superannuation Plan Regulations–amendment. . . . . . . . . . . . . . . . . . . . . . . 94/2016 508 Social Workers Act Proclamation of amendments to Act, S. 34, S.N.S. 2015, c. 52.. . . . . . . . . . . . . . . . . . . . . . 101/2016 563

Summary Proceedings Act

Summary Offence Tickets Regulations–amendment.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92/2016 503 501 © NS Office of the Registrar of Regulations. Web version.

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. 502 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 92/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 11 N.S. Reg. 92/2016 Made: May 2, 2016 Filed: May 5, 2016

Summary Offence Tickets Regulations–amendment Order dated May 2, 2016 Amendment to regulations made by the Attorney General and Minister of Justice pursuant to

Section 8 of the

Summary Proceedings Act Order Made under

Section 8 of

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

Summary Proceedings Act I, Diana Whalen, Attorney General and Minister of Justice for the Province of Nova Scotia, pursuant to

Section 8 of

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

Summary Proceedings Act, hereby (

a) amend

Schedule 9A to the

Summary Offence Tickets Regulations, N.S. Reg. 281/2011, made by order of the Attorney General and Minister of Justice dated October 4, 2011, to designate certain offences under the On-site Sewage Disposal Systems Regulations as

summary offence ticket offences, in the manner set forth in the attached

Schedule “A”; and (

b) order and direct 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. 281/2011, as set forth in the attached

Schedule “A”, is the out-of-court settlement amount listed in the out-of-court settlement column set out opposite the description for the offence, and includes the charge provided for in, and in accordance with, Sections 8 and 9 of the Act. This Order is effective on and after May 1, 2016. Dated and made May 2, 2016, at Halifax, Halifax Regional Municipality, Province of Nova Scotia. sgd: Diana Whalen Honourable Diana Whalen Attorney General and Minister of Justice

Schedule “A” Amendment to the

Summary Offence Tickets Regulations made by the Attorney General and Minister of Justice pursuant to

Section 8 of

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

Summary Proceedings Act

Schedule 9A to the

Summary Offence Tickets Regulations, N.S. Reg. 281/2011, made by order of the Attorney General and Minister of Justice dated October 4, 2011, is amended by repealing all items under the heading “On-site Sewage Disposal Systems Regulations” and substituting the following items: 1 Person other than professional engineer or qualified person selecting system 3(2) $697.50 2 Person other than professional engineer designing system 3(3) $697.50 503 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 40, No. 11 3 Failing to inform Department at least 24 hours before installing system 4(1) $697.50 4 Installer failing to construct system in accordance with regulations, Standard, and notification or approval 4(2) $1157.50 5 Installer failing to inform qualified person or professional engineer (specify) of change in conditions occurring before or during installation of system 4(3) $697.50 6 Covering system without permission of qualified person or professional engineer (specify) 5(1) $697.50 7 Failing to issue certificate of installation 6(1) $697.50 8 Failing to send copy of certificate of installation to Minister 6(3)(a) $697.50 9 Failing to send copy of certificate of installation to local building official 6(3)(b) $697.50 10 Failing to send copy of certificate of installation to owner of lot 6(3)(c) $697.50 11 Failing to ensure proper function and maintenance of system 7 $697.50 12 Failing to advise Department of malfunction of system that has resulted in release of untreated sewage or partially treated sewage 8(1)(a) $697.50 13 Failing to advise Department of release of untreated sewage to environment on or from lot 8(1)(b) $697.50 14 Failing to complete work to replace malfunctioning system or to remedy release of sewage (specify) within 45 days after date of notification 8(2) $697.50 15 Failing to comply with terms and conditions of certificate of qualification 12 $697.50 16 Failing to present certificate of qualification to inspector when requested 13(2) $697.50 17 Failing to notify Minister of change in address within 14 days of change 15 $697.50 18 Person other than qualified person advertising or claiming to be qualified person 17(1) $697.50 19 Person other than installer advertising or claiming to be installer 18(1)(a) $697.50 20 Person other than installer installing or modifying (specify) system 18(1)(b) $1157.50 21 Person other than installer causing system to be installed or modified (specify) 18(1)(c) $697.50 22 Person other than septic tank cleaner advertising or claiming to be septic tank cleaner 19(1)(a) $697.50 23 Person other than septic tank cleaner pumping, repairing or modifying (specify) septic tank, holding tank or vault privy (specify) 19(1)(b) $697.50 24 Person other than septic tank cleaner causing septic tank, holding tank or vault privy (specify) to be pumped, repaired or modified (specify) 19(1)(b) $697.50 504 © NS Office of the Registrar of Regulations.

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Part II - Regulations Vol. 40, No. 11 25 Person other than septic tank cleaner pumping portable rest room 19(1)(c) $697.50 26 Person other than septic tank cleaner causing portable rest room to be pumped 19(1)(c) $697.50 27 Person other than septic tank cleaner cleaning system using pressurized water or air 19(1)(d) $697.50 28 Failing to prepare and submit required documentation regarding owner of lot to be subdivided to development officer and Department 21(1)(a) $697.50 29 Failing to prepare and submit required documentation regarding subdivider to development officer and Department 21(1)(b) $697.50 30 Failing to prepare and submit required documentation regarding all owners of land abutting lot to be subdivided to development officer and Department 21(1)(c) $697.50 31 Failing to prepare and submit required proof from owner that subdivider appointed as agent of owner to development officer and Department 21(1)(d) $697.50 32 Failing to prepare and submit required plan or sketch of lot to be subdivided showing all required information to development officer and Department 21(1)(e) $697.50 33 Failing to prepare and submit required explanation of system to development officer and Department 21(1)(f) $697.50 34 Failing to submit assessment report including evaluation of results of soil assessment to Department 21(2)(a) $697.50 35 Failing to submit assessment report including proposed system selected or designed for lot to Department 21(2)(b) $697.50 36 Failing to submit assessment report including any information required by Department to Department 21(2)(c) $697.50 37 Subdividing land to construct or install (specify) system without meeting minimum lot size requirements 22(1) $697.50 38 Subdividing land to create waterfront lot without meeting minimum lot size requirements 22(2) $697.50 39 Subdividing land to construct or install (specify) system without meeting required clearance distances 22(4)(b) $697.50 505 © NS Office of the Registrar of Regulations.

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N.S. Reg. 93/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 11 N.S. Reg. 93/2016 Made: May 5, 2016 Filed: May 6, 2016 Prescribed Petroleum Products Prices Order dated May 5, 2016 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 M07447 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

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 product 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 May 4, 2016, are: Grade 1 Regular gasoline 50.9¢ per litre Ultra-low-sulfur diesel oil 45.5¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 50.9¢ per litre Grade 2 53.9¢ per litre Grade 3 56.9¢ per litre Ultra-low-sulfur diesel oil 45.5¢ 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: plus 0.7¢ per litre Ultra-low-sulfur diesel oil: plus 1.1¢ per litre And

whereas a winter blending adjustment of plus 0.6¢ per litre is required for ultra-low-sulfur diesel oil; 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 6, 2016. 506 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 40, No. 11 Dated at Halifax, Nova Scotia, this 5th day of May, 2016. 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 May 6, 2016 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 58.7 61.7 64.7 54.4 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 84.2 87.2 90.2 73.8 102.4 105.8 109.2 90.4 104.4 107.9 111.3 92.5 102.4 105.8 109.2 90.4 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 59.2 62.2 65.2 54.9 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 84.7 87.7 90.7 74.3 102.9 106.4 109.8 91.0 105.0 108.4 111.9 93.0 102.9 106.4 109.8 91.0 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 59.6 62.6 65.6 55.3 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 85.1 88.1 91.1 74.7 103.4 106.8 110.3 91.4 105.5 108.9 112.4 93.5 103.4 106.8 110.3 91.4 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 59.7 62.7 65.7 55.4 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 85.2 88.2 91.2 74.8 103.5 107.0 110.4 91.5 105.6 109.0 112.5 93.6 103.5 107.0 110.4 91.5 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 59.7 62.7 65.7 55.4 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 85.2 88.2 91.2 74.8 103.5 107.0 110.4 91.5 105.6 109.0 112.5 93.6 103.5 107.0 110.4 91.5 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 60.4 63.4 66.4 56.1 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 85.9 88.9 91.9 75.5 104.3 107.8 111.2 92.3 106.4 109.8 113.3 94.4 104.3 107.8 111.2 92.3 999.9 999.9 999.9 999.9 507 © NS Office of the Registrar of Regulations.

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N.S. Reg. 94/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 11 N.S. Reg. 94/2016 Made: May 5, 2016 Filed: May 10, 2016 Public Service Superannuation Plan Regulations–amendment Order dated May 5, 2016 Amendment to regulations made by Public Service Superannuation Plan Trustee Incorporated pursuant to Sections 87 and 88 of the Public Service Superannuation Act I certify that the Board of Directors of Public Service Superannuation Plan Trustee Incorporated under Sections 87 and 88 of

Schedule B, the Public Service Superannuation Act, to

Chapter 4 of the Acts of 2012, the Financial Measures

(2012) Act, by resolution dated May 5, 2016, amended the Public Service Superannuation Plan Regulations, N.S. Reg. 66/2013, made by the Governor in Council by Order in Council 2013-104 dated March 28, 2013, to make changes in the manner set forth in the attached

Schedule A. The amendments referred to in this certificate are effective on and after May 5, 2016. Signed at Halifax, Halifax Regional Municipality, Nova Scotia, May 5, 2016. sgd: Ron Smith Ron Smith, Chair Public Service Superannuation Plan Trustee Incorporated

Schedule “A” Amendment to the Public Service Superannuation Plan Regulations made by the Trustee under Sections 87 and 88 of

Schedule B, the Public Service Superannuation Act, to

Chapter 4 of the Acts of 2012, the Financial Measures

(2012) Act 1 Subsection 3(1) of the Public Service Superannuation Plan Regulations , N.S. Reg. 66/2013, made by the Governor in Council by Order in Council 2013-104 dated March 28, 2013, is amended by adding “or a former member” immediately following “who was not an employee or a member”. 2 The regulations are further amended by adding the following

Section immediately after

Section 34: Retired member returning to work 34A

(1) If a retiree is re-employed as an employee and is required to pay contributions into the Superannuation Fund, the retiree’s superannuation allowance must be suspended until the retiree terminates employment.

(2) If a re-employed retiree whose superannuation allowance has been suspended under subsection (1) terminates employment, the retiree’s superannuation allowance must be recalculated to include salary and pensionable service for the period of re-employment. 3 Appendix 2: Prescribed Employers and Employees to the regulations is amended by (

a) adding the following bulleted items where they belong in alphabetical order to the first list under the heading “Employers”: • Halifax Convention Centre Corporation • Nova Scotia Health Authority 508 © NS Office of the Registrar of Regulations. Web version.

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b) striking out the following bulleted items from the second list under the heading “Employers”: • Annapolis Valley District Health Authority • Cape Breton District Health Authority • Capital District Health Authority • Colchester East Hants Health Authority • Cumberland Health Authority • Guysborough Antigonish-Strait Health Authority • Pictou County Health Authority • South Shore District Health Authority • South West Nova District Health Authority (

c) adding the following bulleted items immediately after the last bulleted item in the list under the heading “Employees”: • any person who holds the position of Principal Secretary under the direction of the Premier, unless the terms of their employment specifically exclude them from participation in the Pension Plan • any person who holds the position of Senior Advisor Media Relations with the Executive Council Office, unless the terms of their employment specifically exclude them from participation in the Pension Plan • any person who holds the position of Policy and Outreach Advisor with the Executive Council Office, unless the terms of their employment specifically exclude them from participation in the Pension Plan N.S.

Reg. 95/2016 Made: May 9, 2016 Filed: May 10, 2016 Polling Districts Order: Municipality of the District of East Hants–amendment Order dated May 9, 2016 made by the Nova Scotia Utility and Review Board pursuant to

Section 369 of the Municipal Government Act Order M06632 Nova Scotia Utility and Review Board In the matter of the Municipal Government Act - and - In the matter of an application by the Municipality of the District of East Hants to alter the boundaries of polling districts Before: Roberta J. Clarke, Q.C., Member 509 © NS Office of the Registrar of Regulations. Web version.

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Whereas on February 5, 2016, the Board issued an Order to the Municipality of the District of East Hants (“Municipality”) approving the polling district boundaries for eleven polling districts; And

whereas by letter dated April 27, 2016, Connie Nolan, CAO of the Municipality advised the Board that in preparation of [for] the 2016 municipal election, the Municipality discovered that maps submitted to the Board on January 25, 2016, and forming part of the Board’s Order of February 5, 2016, were incorrect for polling districts 1 and 2; And

whereas the Board conducted a telephone conference with John Woodford, Director of Planning and Development for the Municipality on Wednesday, May 4, 2016, and it was agreed that in order to avoid any confusion in the official record, the Board would amend its February 5th order and directed the Municipality to refile maps for Districts 1 and 2 to show the appropriate boundary; And

whereas on May 5, 2016, the Municipality filed revised maps for the amended polling district boundaries for Districts 1 and 2; And

whereas the Board considers that the maps for polling districts 1 and 2 should be rectified and that all other descriptions should be confirmed; And

whereas the revised maps for polling districts 1 and 2 rectify what was actually approved by the Board in its decision dated December 15, 2015 (2015 NSUARB 268) and order dated February 5, 2016; It is hereby ordered that the boundaries of the 11 polling districts are as set out in

Schedule “A”, attached to and forming part of this order; And it is further ordered that all provisions of the Municipal Government Act and the Municipal Elections Act and any other Acts of the Province of Nova Scotia applying to the preparation for and holding of the regular election of councillors of the Municipality in the year 2016 will be complied with as if the above-noted changes had been made on the first day of March, 2016, but for all other purposes, such changes shall take effect on the first day of the first meeting of the Council after the election of councillors for the year 2016.

Dated at Halifax, Nova Scotia this 9th day of May, 2016. sgd: Elaine Wagner Clerk of the Board 510 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 40, No. 11 N.S. Reg. 96/2016 Made: May 10, 2016 Filed: May 10, 2016 Private Career Colleges Operational Regulations Order dated May 10, 2016 Regulations made by the Minister of Labour and Advanced Education pursuant to

Section 38 of the Private Career Colleges Act In the matter of

Section 38 of

Chapter 23 of the Acts of 1998, the Private Career Colleges Act -and- In the matter of new regulations respecting the operation of private career colleges made by the Minister of Labour and Advanced Education under

Section 38 of the Private Career Colleges Act I, Kelly Reagan [Regan], Minister of Labour and Advanced Education for the Province of Nova Scotia, pursuant to

Section 38 of

Chapter 23 of the Acts of 1998, the Private Career Colleges Act, effective on and after the date of this order, hereby (

a) repeal the Private Career Colleges General Regulations , N.S. Reg. 97/99, made by the Governor in Council by Order in Council 1999-482 dated October 6, 1999; and (

b) make new regulations respecting the operation of private career colleges in the form set forth in the attached

Schedule “A”. Dated and made May 10, 2016, at Halifax Regional Municipality, Province of Nova Scotia. sgd: Kelly Regan Honourable Kelly Regan Minister of Labour and Advanced Education

Schedule “A” Regulations Respecting the Operation of Private Career Colleges made by the Minister of Labour and Advanced Education under

Section 37 of

Chapter 23 of the Acts of 1998, the Private Career Colleges Act

Interpretation Citation 1 These regulations may be cited as the Private Career Colleges Operational Regulations . Application 2 These regulations apply to occupational training for all occupations as defined in the Act. Additional occupation designated 3 The occupation of chartered professional accountant is designated as an occupation within the meaning of the Act. 522 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 40, No. 11 Occupational training exempted from Act 4 Occupational training for the following occupations is exempted from the application of the Act: (

a) personal fitness trainer; (

b) yoga, tai chi or pilates instructor, or other health and wellness class instructor as determined by the Director; (

c) first aid trainer; (

d) recreational sport trainer, instructor, coach or referee, or other recreational sport official as determined by the Director; (

e) traffic control person or temporary workplace signer at a temporary work area under the Motor Vehicle Act; (

f) baby-sitter or child-sitter.

Definitions 5 In these regulations, “Act” means the Private Career Colleges Act; “administrative sanction” means an administrative sanction imposed under

Section 27 of the Act; “apprenticeship trade” means any trade to which the Apprenticeship and Trades Qualification Act applies; “attendance and dismissal policy” means the attendance and dismissal policy required by

Section 38; “bullying and harassment policy” means the bullying and harassment policy required by

Section 35; “college” means a private career college; “end of enrolment”, in relation to a student in a program, means any of the following, as the context requires: (

i) the effective date of the student’s withdrawal from the program before the program begins, (ii) the effective date and time of the student’s withdrawal from the program after the program begins, as specified in a written notice of withdrawal given by the student to the college or, if no date and time are specified in the notice, the date and time the college receives the notice, (iii) the effective date and time of the student’s dismissal by the college as specified in the written notice of dismissal provided to the student under subsection 38(5); “graduate survey” means a survey of the graduates of a program as required by

Section 15; “intake”, as the context requires, means 523 © NS Office of the Registrar of Regulations. Web version.

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i) a cohort of students to whom a program is delivered simultaneously, (ii) the act by an operator of admitting a cohort of students referred to in subclause (

i) to a program; “monetary sanction” means an administrative sanction that consists of an order to pay an amount of money; “personnel”, in relation to a college, means employees of the college or independent individuals contracted to provide services to the college, including instructors and instructor assistants; “prescribed application fee” means the applicable application fee prescribed in the Private Career Colleges General Regulations made under the Act; “privacy and distribution policy” means the policy required by

Section 60; “program” means an occupational-training program, and (

i) in relation to a person who is a student applicant or a student, means the occupational- training program that the person intends to enrol in or is enrolled in, (ii) in relation to a college, means an occupational-training program offered by the college; “risk assessment policy” means the risk assessment policy required by

Section 36; “student application fee” means a student application fee referred to in

Section 50; “student complaint resolution policy” means the student complaint resolution policy required by

Section 37; “student file” means the a student file required to be kept by an operator under

Section 57; “student registration fee” means a student registration fee referred to in

Section 51; “third-party sponsor” means a person, agency, association or corporation that (

i) has a written contract with a college to provide for a student to enrol in a program and has either paid required fees on behalf of the student or granted the student an amount of money to pay required fees, or (ii) has a funding agreement with a student in connection with a contract with a college; “tuition refund policy” means the tuition refund policy required by

Section 34. Registration of Private Career College Applying for certificate of registration 6

(1) In addition to the documentation required by subsection 6(2) of the Act, an application for a certificate of registration for a college must include all of the following: (

a) a private career college registration application and a business plan checklist, each in the form provided by the Director and completed and signed by the applicant; 524 © NS Office of the Registrar of Regulations. Web version.

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b) projected financial statements signed by the applicant; (

c) a statement signed by the applicant committing to the required Fund payments; (

d) proof of a satisfactory result of any inspection required by a municipal bylaw or by an enactment of the Legislature or of the Parliament of Canada; (

e) a list of the full names of persons with authority to bind the college, specifying any limits to that authority for each person; (

f) a copy of the form of student contract that the college will use; (

g) a copy of each policy to be adopted by the college as required by the Act and these regulations, together with copies of any other policies or documented procedures to be applied to students in connection with their student contracts; (

h) any documentation or information reasonably required by the Director to determine whether a certificate of registration should be issued.

(2) The facility information that an applicant is required to provide under clause 6(2)(

b) of the Act is prescribed as all of the following: (

a) proof that the applicant owns or leases the facilities, or a letter of permission for the use of the facilities; (

b) the following information for each location in the Province proposed to be listed on the certificate of registration: (

i) the civic address, (ii) measured floor plans, with all rooms identified, (iii) measured site plans for outdoor program delivery areas; (

c) written confirmation that any required inspection of the facilities has been carried out and the facilities are approved; (

d) written notice that the premises, equipment and other facilities proposed to be used to deliver a program will comply with industry standards and with all applicable building, fire, health, sanitary and safety laws; (

e) any information reasonably required by the Director to determine the adequacy of the proposed premises, equipment and other facilities.

(3) An applicant for a certificate of registration must satisfy any conditions imposed by the Director with respect to the application. Adding locations to certificate of registration 7

(1) An operator may apply to the Director to add an additional location to their certificate of registration.

(2) An application to add an additional location to a certificate of registration must include all of the following for the proposed additional location: 525 © NS Office of the Registrar of Regulations. Web version.

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a) the facility information and documentation required by subsection 6(2); (

b) proof of a satisfactory result of any required inspection as referred to in clause 6(1)(d). Change of ownership 8

(1) For the purposes of the Act and its regulations, any of the following constitutes a change of ownership of a college: (

a) for a college that is a corporation, any change of officers, directors or shareholders who hold voting shares of the corporation; (

b) for a college that is a partnership, any change of partners; (

c) any change in the operation of the college that results in a material difference from the operation as described in the initial application for the certificate of registration; (

d) any change of operator.

(2) The form required by subsection 10(2) of the Act to be submitted by the purchaser of a college or a majority of a college’s shares must in a form provided by the Director and must contain all of the following information: (

a) the name, business address, and contact information for the purchaser; (

b) if applicable, confirmation of the purchaser’s registration with the Registrar of Joint Stock Companies and a copy of the purchaser’s corporate ownership share register; (

c) notice of any current or prior ownership, in whole or in part, of a college in the Province or any other province of Canada; (

d) any information reasonably required by the Director about the purchase.

(3) On reviewing information received from a purchaser under subsection (2), the Director must inform the purchaser in writing whether the college’s registration is to be continued or whether the purchaser must apply to register the college in accordance with subsection 10(1) of the Act. Occupational-training Programs Threshold criteria for exemption under

Section 15G of Act 9

(1) In this Section, “exemption” means an exemption of a course of instruction under

Section 15G of the Act.

(2) To be exempted by the Director, a course of instruction must meet both of the following threshold criteria: (

a) the total of the tuition and other fees for the course is under $1000; (

b) the course consists of fewer than 40 hours of instruction.

(3) A request for an exemption must be submitted in writing to the Director.

(4) An exemption must be issued in writing. 526 © NS Office of the Registrar of Regulations. Web version.

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(5) An exemption may be issued subject to conditions determined by the Director to be in the public interest, including the condition that it be valid for a specified period.

(6) The Director may rescind an exemption if the Director determines that rescinding it is in the public interest. Applying for certificate of approval 10

(1) In this Section, “NOC Code”, in relation to an occupation, means the National Occupation Classification Code for the occupation published by the federal Department of Employment and Social Development.

(2) An application under subsection 15D(2) of the Act for a certificate of approval must include all of the following information and documentation for each program for which approval is being sought: (

a) the name and a description of the program; (

b) for each occupation that the program provides training for, the NOC Code and the description of the academic and technical skills and competencies required to pursue that occupation; (

c) a detailed outline of the program, including all of the following information: (

i) the entrance prerequisites for the program, (ii) the skills and competencies to be gained from each required module, (iii) all of the following details about the program’s length: (

A) the total hours of theoretical instruction, (

B) the total hours of practical and experiential instruction, (

C) the total number of weeks in the program, (

D) whether the program a full-time or part-time program, (iv) the method of instruction and evaluation to be used for each module, (

v) the specific instructor qualifications required for each module, (vi) the instructor-to-student ratios and the maximum number of students per intake, (vii) the facilities and equipment to be provided by the operator for delivery of the program, (viii) requirements and provisions for the practical instruction component of the program, (ix) identification of the source or developers of the program; (

d) the total cost of the program to a student, indicating each of the following separately: (

i) the tuition fee, (ii) the total cost of instructional materials, textbooks and equipment, 527 © NS Office of the Registrar of Regulations. Web version.

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i) and (ii); (

e) at the cost of the operator, all of the following labour market information for each occupation that the program provides training for, as available: (

i) the entry-level pay that a graduate of the program may expect to earn, (ii) evidence of available entry-level jobs, (iii) employment outlooks for the occupation, (iv) rates of repayment of student assistance by graduates of current or recent similar programs, (

v) the ratio between the total cost of the program to a student and the amount that a graduate may expect to earn in an entry-level job in the occupation, (vi) graduate survey results from current or recent similar programs, including, as available, all of the following for each graduate: (

A) the graduate’s name, (

B) the name of the program and date of completion, (

C) employment status at 12 and 24 months following graduation, including the type of work and whether it is full-time or part-time, (vii) graduation rates from current or recent similar programs and the results of any examinations of graduates conducted by regulatory, professional or industry bodies, if available; (

f) payment of the prescribed application fee for each program for which approval is sought; (

g) evidence to the Director’s satisfaction of all of the following: (

i) the facilities and equipment as listed in the application will be appropriate, (ii) the proposed program meets the requirements of the Act and these regulations, (iii) the proposed program will be delivered by an instructor, (iv) the operator is not insolvent and is not likely to become insolvent after the proposed program is added, (

v) in accordance with subsection 15D(4) of the Act, the operator has obtained all licences, franchises and permissions required for the proposed program; (

h) any information reasonably required by the Director about the program.

(3) The Director may request or require a review of a proposed program by a subject matter expert, hiring manager, industry association, regulator or any other independent person that the Director considers appropriate. 528 © NS Office of the Registrar of Regulations. Web version.

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(4) The cost of an additional review under subsection (3) and any cost associated with providing additional information to the Director under clause (2)(

h) is the responsibility of the college. Renewing certificate of approval 11

(1) An application for renewal of a certificate of approval under

Section 15F of the Act must meet all the requirements of

Section 10 for an application for an initial certificate of approval, except that the information required by subclause 10(e)(vi) about graduates must be obtained from intake records kept by the operator for each program for which renewal is being sought.

(2) An operator may submit a renewal application for an amended form of a program and an operator who does so is not required to apply separately for approval of the amended program and issuance of an amended certificate of approval under

Section 15H of the Act. Applying for approval of amended program and amended certificate of approval 12 An application for approval of an amended program and an amended certificate of approval under

Section 15H of the Act must be made on a form provided by the Director and must include any information about the amended program that the Director requires. Director may impose conditions on or refuse to approve program 13

(1) The Director may impose conditions or requirements on any program listed on a certificate of approval at any of the following times: (

a) when the certificate of approval is first issued; (

b) when the certificate of approval is replaced by an amended certificate of approval; (

c) when the certificate of approval is renewed; (

d) at any time during any 5-year approval period.

(2) The Director may refuse to approve an application for a certificate of approval, an amended certificate of approval or renewal of a certificate of approval if the Director believes that any of the following apply: (

a) there is insufficient information in the application; (

b) the proposed program curriculum fails to meet, or unreasonably exceeds, the standard required for entry into the occupation that the program provides training for; (

c) the labour market indicators fail to demonstrate that there would be available employment for graduates of the program. No modification of program without Director approval 14 An operator must not modify or alter any portion of a program without first obtaining the Director’s written approval. Graduate surveys 15

(1) An operator must, at a frequency specified in the program approval, conduct surveys of graduates of a program to determine each graduate’s employment status at 12 months following graduation and, if the Director requests it, 24 months following graduation, including their type of work and whether it is full-time or part-time work.

(2) The cost of a graduate survey is the responsibility of the operator. 529 © NS Office of the Registrar of Regulations. Web version.

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(1) A program must meet the following performance standards to the satisfaction of the Director: (

a) adequate program graduation results; (

b) adequate external certification, licensing or competency examination results; (

c) maintenance of any accreditation, regulatory, occupational or industry standard requirements; (

d) adequate student assistance repayment rates; (

e) adequate graduate employment in the occupation that the program provides training for, based on an analysis of the most recent graduate survey results; (

f) an adequate ratio between the total cost of the program to a student and the amount that a graduate may expect to earn in an entry-level job in the occupation that the program provides training for.

(2) In addition to the authority in the Act to revoke or suspend a certificate of approval, the Director may suspend intakes or suspend or revoke approval of a program that does not meet the performance standards under subsection (1).

(3) The Director must give an operator 30 days’ written notice before taking any action under subsection (2).

(4) A notice under subsection (3) must include a statement that the operator has 30 days from the date of the notice to be heard before any action is taken on the matter.

(5) Any action taken by the Director under subsection (2) is subject to a review under

Section 28 of the Act. Criteria for admission to program 17 Except as provided in

Section 18 for a person of compulsory school age, a person must meet 1 of the following criteria to be admitted to a program: (

a) on the program start date, the person has 1 of the following educational qualifications or a higher qualification: (

i) a Nova Scotia high school graduation diploma as described in the Public School Program published by the Department of Education and Early Childhood Development, (ii) a Nova Scotia High School Diploma for Adults issued by the Department of Labour and Advanced Education, (iii) a high school equivalency certificate obtained through a General Education Development (GED) testing service, (iv) a qualification from another jurisdiction that is equivalent to any of those referred to in subclauses (

i) to (iii); (

b) the person meets any entrance requirements that have been prescribed by the appropriate professional, occupational or other association and that are recognized by the Minister; 530 © NS Office of the Registrar of Regulations. Web version.

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c) the person has demonstrated that they meet the specific entrance prerequisites for the program, as approved by the Director, by establishing evidence of the required competencies by an assessment method that is approved by the Director. Admitting person of compulsory school age 18 An operator may permit a person who is of compulsory school age under the Education Act to attend or be admitted to a program if the person’s parent or guardian submits their prior written consent to the operator and the person attends the program outside of school hours. Maximum hours of instruction 19

(1) Unless a longer period is approved in writing by the Director, program delivery to any student is limited to a maximum of 8 hours per day of any combination of theoretical, practical and experiential components.

(2) Approving a period for instruction beyond the limit in subsection (1) is at the Director’s discretion. Instructors Instructor registration 20

(1) The Director or an inspector may register a person who meets the qualifications set out in

Section 22 as an instructor for a specific program or specific module.

(2) The Director may revoke or place restrictions on the registration of an instructor in either of the following circumstances: (

a) the Director determines that the instructor does not meet the qualifications set out in

Section 22 for the program or module being taught; (

b) the Director determines that the instructor has not met the training requirements of

Section 23; (

c) in the opinion of the Director, revoking or placing restrictions on the registration is in the best interest of the students. Applying for instructor registration 21 An operator applying for registration of a person as an instructor must submit a completed application form to the Director together with the prescribed application fee and proof that the person meets the qualifications set out in

Section 22. Qualifications for registration as instructor 22

(1) To be eligible for registration as an instructor, a person must have at least 1 of the following qualifications: (

a) a bachelor’s degree from a Canadian university or an equivalent degree from a university outside of Canada in a subject directly related to the subject or vocation to be taught, followed by 12 months’ occupational experience in the subject or vocation to be taught; (

b) evidence of graduation from a program of any of the following institutions, or an equivalent institution outside of the Province, in a subject directly related to the subject or vocation to be taught, followed by 24 months’ occupational experience in the subject or vocation to be taught: (

i) the Nova Scotia Community College established under the Community Colleges Act, 531 © NS Office of the Registrar of Regulations. Web version.

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c) a Bachelor of Education degree or a valid Nova Scotia teacher’s certificate issued under the Education Act together with 24 months’ occupational experience in the subject or vocation to be taught; (d) 60 months’ occupational experience in the subject or vocation to be taught; (

e) for a person intending to teach a program or module relating to an emerging or specialized occupation for which no previous occupational training has been available, proof that satisfies the Director that the person is qualified to instruct in the program or module or meets the requirements stated in another relevant enactment or by a relevant industry association.

(2) In addition to the requirements of subsection (1), to be eligible to be registered as an instructor in an apprenticeship trade, a person must hold a certificate of qualification issued under the Apprenticeship and Trades Qualifications Act in the trade to be taught and have 2 years’ experience in the trade at the journeyperson level.

(3) In addition to the requirements of subsection (1) and (2), to be eligible to be registered as an instructor, a person must meet any additional requirements specified for the program or module to be taught, as approved by the Director. Instructor with less than 1 year’s teaching experience 23

(1) An instructor who does not have at least 1 year’s experience teaching full-time in a critical evaluative setting must (

a) in their first year of employment as an instructor, enrol in an instructional methods or train-the-trainer program approved by the Director; and (

b) complete the program referred to in clause (

a) within 3 years from the beginning of employment and provide the Director with written verification of enrolment and of completion.

(2) In calculating a time period referred to in clause (1)(

a) or (b), time spent as an instructor at different times at the same college or colleges under common ownership is cumulative. Instructor assistant registration 24

(1) The Director or an inspector may register a person who meets the qualifications set out in

Section 26 as an instructor assistant for a specific program or specific module.

(2) The Director may revoke or place restrictions on the registration of an instructor assistant in either of the following circumstances: (

a) the Director determines that the instructor assistant does not meet the qualifications set out in

Section 26; (

b) in the opinion of the Director, revoking or placing restrictions on the registration is in the best interest of the students. Applying for instructor assistant registration 25 An operator applying for registration of a person as an instructor assistant must submit a completed application form to the Director together with the prescribed application fee and proof that the person meets the qualifications set out in

Section 26. 532 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 40, No. 11 Qualifications for registration as instructor assistant 26 To be eligible for registration as an instructor assistant, a person must have at least 1 of the following qualifications: (

a) an educational qualification set out in clause 22(1)(

a) or (b); (

b) for a person intending to be an instructor assistant in a program or module relating to an emerging or specialized occupation for which no previous occupational training has been available, proof that satisfies the Director that the person is qualified to be an instructor assistant in the program or module or meets the requirements stated in another relevant enactment or by a relevant industry association. Limitations on instructor assistants 27

(1) An instructor assistant may assist students in the program or module the instructor assistant is registered for, but must not do any of the following: (

a) evaluate students; (

b) prepare or instruct any program.

(2) An instructor assistant must be under the immediate supervision of an instructor registered to deliver the program or module that the assistant is registered for. Short-term teacher 28

(1) In this Section, “exemption” means an exemption of a short-term teacher from registration as an instructor issued under clause 15J(3)(

b) of the Act.

(2) For the purpose of an exemption, a person who meets all of the following criteria is a short-term teacher: (

a) an operator intends the person to teach a program or module in place of an instructor for a period of no longer than 3 weeks; (

b) the person meets the qualifications set out in

Section 22 for the program or module being taught.

(3) An operator may submit a request to the Director for an exemption.

(4) A request for an exemption must be in writing.

(5) An exemption may be issued for a specified program or a specified module for a specified period of time that, except as provided in subsection (6), is no longer than 3 weeks.

(6) In exceptional circumstances, in the Director’s sole discretion, an exemption may be issued, or the term of an exemption extended, for a period of longer than 3 weeks. Advertising and Recruiting Definition for Sections 30 and 31 29 In Sections 30 and 31, “advertisement” means an advertisement or recruiting material used to attract or recruit students to a college or specific program in the Province. 533 © NS Office of the Registrar of Regulations. Web version.

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(1) An advertisement must include all of the following information about the college: (

a) its name as shown on its certificate of registration or an alternate form of identification approved under subsection (6); (

b) its main location and each additional location where any program referred to in the advertisement is taught; (

c) contact information.

(2) An advertisement must not contain any statement that does any of the following: (

a) refers to a college for which there is no valid certificate of registration; (

b) except for an advertisement authorized under subsection (8), refers to a program that is not listed on the current certificate of approval for the college; (

c) guarantees admission to or successful completion of a program; (

d) guarantees employment to a student, prospective student, or student applicant, unless there is a written contract between the college and an employer guaranteeing that employment; (

e) implies that completion of a program may reasonably be expected to lead to entry-level employment in any occupation not specified in the application for approval of the program as approved by the Director; (

f) implies that the admission of a prospective international student to the college will guarantee the student the right to enter Canada under the Immigration and Refugee Protection Act (Canada) or to receive a visa under that Act.

(3) An advertisement must not state or imply that the college is registered under the Act and these regulations unless the operator holds a valid certificate of registration for the college.

(4) An advertisement must not state or imply that a program offered by the college has been approved under the Act and these regulations unless the program is listed on a valid certificate of approval held by the operator.

(5) Unless an alternative is authorized under subsection (6), an advertisement must refer to the college only by the name set out on its certificate of registration.

(6) The Director may authorize in writing the use of an acronym, graphic symbol or other iconic identification in place of or in addition to the registered name of the college.

(7) Except for an advertisement authorized under subsection (8), an advertisement that refers to a program must refer to the program only by the name listed on the certificate of approval held by the operator or by an abbreviation of the name as approved in writing by the Director.

(8) The Director may authorize a college to advertise a program that has not yet been approved if both of the following conditions are met: (

a) the Director has received a completed application for approval of the program; 534 © NS Office of the Registrar of Regulations. Web version.

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b) the advertisement includes the statement “pending approval by the Department of Labour and Advanced Education”.

(9) The Director may order an operator to discontinue the use of any advertisement or means of advertisement that the Director, in the Director’s sole discretion, considers to be in contravention of this Section. Records of advertisements 31

(1) An operator must keep all of the following material related to advertisements: (

a) for any advertisement that is published in written form or broadcast orally, a paper copy of the text or an electronic copy; (

b) for any advertisement published through electronic media, a paper copy of the text or a hyperlink to the advertising content; (

c) for any advertisement published or broadcast in a language other than English or French, a translation of the text prepared by a person whose primary employment is translation or who has trained as a translator; (

d) for any advertisement that states that a program offered by the college is recognized or accepted for training by the regulatory body of a profession or occupation or by a professional or occupational association or organization, a statement to that effect signed by a person authorized by the regulatory body, association or organization; (

e) for any advertisement that states that another post-secondary educational or occupational- training institution recognizes the successful completion of a program offered by the college by granting credits towards the completion of a program offered by that institution, a statement to that effect signed by a person authorized to bind that institution.

(2) An operator must be able to produce any electronic record related to an advertisement in the form of a printout or in an electronically readable format.

(3) Except as provided in subsection (4), a copy of the material referred to in subsection (1) must be kept at the college and, if the advertisement refers to a specific program, at each location where the program is taught, for the time specified in subsection (5).

(4) The Director may authorize an operator to keep copies of the material referred to in subsection (1) in a location other than the college.

(5) The time period for keeping a copy of an advertisement that relates to a program is 1 year from the date that the last of the students from the intakes enrolled within 1 year following the use of the advertisement graduates from or leaves the program. Misleading statements in recruitment 32

(1) A person acting on behalf of a college must not make a false or misleading statement, written or oral, including any statement described in subsection 30(2), (3) or (4), for the purpose of inducing a person to enrol in a program offered by the college or to enter into a contract with the college.

(2) If a statement made contrary to subsection (1) constitutes a fundamental breach of a student contract, the contract is voidable by the student.

(3) No money is payable by a student under a student contract voided under subsection (2), and the 535 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 40, No. 11 Director may require the college to refund all fees paid by or on behalf of the student.

(4) The Director has authority to determine whether a statement made by a person acting on behalf of a college is contrary to subsection (1).

(5) A statement determined by the Director to be contrary to subsection (1) may be used as the basis for (

a) resolving a complaint; or (

b) revoking or suspending a certificate of registration or certificate of approval. General Requirements for Operators Compliance with policies 33

(1) An operator must comply with all policies established by their college as required by these regulations.

(2) An operator must ensure that each member of the personnel of their college complies with all policies established by their college as required by these regulations. Tuition refund policy 34

(1) A college must have a tuition refund policy to ensure that the requirements of this

Section are met.

(2) In this Section, “tuition” includes payment for instruction and any other cost not otherwise excluded from the refund by these regulations.

(3) Except as otherwise provided in the Act or these regulations, neither of the following is refundable: (

a) a student application fee; (

b) a student registration fee.

(4) A tuition refund is subject to all of the following conditions: (

a) the student registration fee credited to the student’s tuition fee under subsection 51(2) must be deducted from the refund; (

b) the college may deduct from the refund non-recoverable fees already paid by the college on behalf of the student; (

c) except as provided in subsection (5), the college may deduct from the refund the cost of any program material provided to the student, in an amount not exceeding the cost to the college of the material. (5) Clause (4)(

c) does not apply to a refund payable to a student who returns all of the program material to the college unopened or as issued no later than 5 business days after their end of enrolment.

(6) For a student whose end of enrolment occurs before the program begins, the college must refund to the student or third-party sponsor all tuition paid.

(7) Unless otherwise provided in the Act or these regulations, for a student whose end of enrolment occurs after the program begins but before the program ends, the operator must refund tuition to the student or third-party sponsor in accordance with the following table: 536 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 40, No. 11 Percentage of Hours of Program Delivered to End of Enrolment Refund (minus any registration fee credited to tuition under subsection 51(2)) Program under 12 weeks 0-50% Any tuition paid for 2nd half of program >50%–100% None Program 12 weeks or longer 0–25% Any tuition paid for the 2nd, 3rd, or 4th quarters of the program >25%–50% Any tuition paid for the 3rd or 4th quarters of the program >50%–75% Any tuition paid for the 4th quarter of the program >75% None

(8) A tuition refund referred to in subsection (7) must be calculated in accordance with all of the following: (

a) the total tuition amount for the program must be divided by the number of hours in the program as approved, and the amount of paid tuition must be calculated beginning with the first hour of the program as delivered and then counting forward; (

b) the number of hours of the program as delivered must be counted as the program or module hours delivered according to the attendance register for the program as at the end of enrolment, not the number of hours the student actually attended; (

c) the number of hours of the program as delivered must include all of the following: (

i) the theoretical, practical and experiential instruction approved for the program, (ii) any allotted time included in the program for lab work or additional training such as on-the-job-training, skills training or experiential learning, as specified in the program approval; (

d) any rounding of the number of hours of the program as delivered must favour the student or third-party sponsor.

(9) A college, at the operator’s discretion, may refund tuition in an amount higher than the amount calculated under subsections (7) and (8).

(10) No later than 30 days after the end of enrolment of a student to whom a tuition refund is payable, the refund must be paid and a copy of the calculation made under these regulations provided to the student.

(11) A disagreement between the college and student with respect to the calculation of a tuition refund must be referred to the Director for a final decision. Bullying and harassment policy 35 A college must have a bullying and harassment policy that includes all of the following: 537 © NS Office of the Registrar of Regulations. Web version.

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a) the goal and objectives of the policy; (

b) to whom the policy applies; (

c) the rights and responsibilities of staff and students to contribute to a respectful workplace and safe learning environment; (

d) definitions for terms, including all of the following terms: (

i) harassment, (ii) discrimination, (iii) complainant, (iv) hostile work or learning environment; (

e) a complaint resolution process; (

f) discipline and dismissal procedures. Risk assessment policy 36

(1) In this Section, “outside site” means any site outside a college where a student is required to attend for work placements or other activities related to the program the student is enrolled in.

(2) A college must have a risk assessment policy to ensure that all of the following requirements are met with respect to a student attending at an outside site: (

a) an instructor, member of the personnel, operator or agent of the college must inspect the outside site before sending the student to the outside site, or be in attendance with the student while the student is at the outside site; (

b) a written risk assessment must be made of the outside site, including any college-organized travel to or from the outside site and the student activities proposed to take place at the outside site; (

c) a copy of the written risk assessment under clause (

b) and any risk management requirements must be provided to the student before the student attends the outside site; (

d) the student must sign an acknowledgment on the copy of the written risk assessment provided under clause (

c) and the copy must be kept in the student’s student file; (

e) a person at the outside site must be designated and identified as the contact for the student when college personnel are not present; (

f) the student must receive an orientation to health and safety requirements appropriate to the outside site before or as soon as possible after the student arrives at the outside site. Student complaint resolution policy 37

(1) A college must have a complaint resolution policy to ensure the proper and efficient resolution of all student complaints made under

Section 54.

(2) A complaint resolution policy must include all of the following: 538 © NS Office of the Registrar of Regulations. Web version.

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a) the procedure for making a student complaint; (

b) the name and title of the college official to whom a student complaint must be given; (

c) the procedure to be followed when a complaint is received; (

d) the manner in which a complaint and any resolution of the complaint are recorded; (

e) a statement that a student complaint that is not successfully resolved may be the substance of a complaint made to the Director under the Act and these regulations. Attendance and dismissal policy 38

(1) A college must have an attendance and dismissal policy to ensure that all of the requirements of this

Section are met.

(2) An attendance and dismissal policy must include all of the following: (

a) minimum attendance requirements for graduation from a program; (

b) methods that a student must use to give advance notice of an absence or explanation of previous absences; (

c) procedures for the college to give a student written notice of an attendance policy violation or a written warning of an impending violation; (

d) at the operator’s discretion, standard procedures for students to make up missed hours of a program; (

e) at the operator’s discretion, a statement that any program hours missed by a student for medical reasons, as explained in medical documentation submitted by the student, are not counted for the purposes of an immediate dismissal under subsection (3); (

f) a statement that students in all programs must attend and satisfactorily complete the occupational health and safety training required by clause 22(

a) of the Occupational Health and Safety Act, including a student evaluation.

(3) Subject to subsection (4), an operator must immediately dismiss from a program any student who misses 3 consecutive weeks of classes or 10% of the total hours of the program, whichever occurs first.

(4) An operator must not count any of the following missed hours for the purposes of subsection (3): (

a) any missed hours that the student intends to make up under a formal arrangement that is made by the college with the student and, if not part of the college’s attendance and dismissal policy as referred to in clause (2)(d), is approved by the Director; (

b) if allowed under the operator’s attendance and dismissal policy as referred to in clause (2)(e), any hours missed for medical reasons, as explained in medical documentation submitted by the student.

(5) On dismissing a student from a program for any reason, an operator must provide the student with a written notice of dismissal that includes the reason for the dismissal and the effective time and date of the dismissal. 539 © NS Office of the Registrar of Regulations. Web version.

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(6) In dismissing a student from a program, an operator must act in accordance with the Act and these regulations, any conditions attached to the program approval, the student contract and the college’s policies, rules and regulations. Attendance register 39

(1) An operator must keep an attendance register for each class in a program showing the attendance record of each student in the class.

(2) An attendance register must include at least the following for each day: (

a) the name of the program; (

b) the module being taught; (

c) the date, time, location and number of hours of instruction delivered to the class; (

d) the name of the instructor present; (

e) the name of each student present; (

f) the number of hours attended by each student, as recorded by the instructor present; (

g) for a distance education or online learning class, the number of hours of online activity for each student. Form and content of certificate or diploma 40

(1) A certificate or diploma issued by a college to a graduate must include all of the following: (

a) the name of the college; (

b) the address of the main location of the college; (

c) the name of the program that the graduate has successfully completed; (

d) the date of issue of the certificate or diploma; (

e) the name of the graduate as reported to the Director; (

f) the signature and printed name of a college official.

(2) A college must not issue a certificate or diploma to a student unless the student has met all the requirements of the program for which the certificate or diploma is being issued.

(3) A college may issue written confirmation of any certification or other achievement related to a program. Posting Act and regulations 41 An operator must display a copy of the Act and these regulations in a prominent place at the entrance of each location of their college. Facilities compliance 42

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(2) Any change to the premises, equipment or facilities used to deliver a program must be inspected and approved by the Director or designate before the premises, equipment or facilities are used to deliver a program. Student Contract No instruction until student contract executed 43 An operator must not allow a person to begin instruction as a student in a program until a student contract is executed by that person. Separate student contract for each program 44 A separate student contract must be executed for each program that a student applicant has been accepted to.

Disclosure to student applicant 45 Before a college enters into a student contract with a student applicant, the operator must provide the student applicant with all of the following information: (

a) an overall outline of the content of the program; (

b) a breakdown of the program by module; (

c) the length in hours of each program module; (

d) the content of each program module; (

e) the method of instruction and evaluation to be used for each program module; (

f) the total cost of the program to a student, indicating each of the following separately: (

i) the tuition fee, (ii) the total cost of instructional materials, textbooks and equipment, (iii) any fees associated with the program in addition to those referred to in subclauses (

i) and (ii); (

g) the payment

schedule for tuition and all other related fees established by the college in accordance with

Section 48 or 49; (

h) a copy of each of the following college policies: (

i) the tuition refund policy, (ii) the student complaint resolution policy, (iii) the attendance and dismissal policy, (iv) the risk assessment policy, (

v) the bullying and harassment policy, 541 © NS Office of the Registrar of Regulations. Web version.

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i) a copy of any additional rules, regulations or policies of the college; (

j) an explanation of available options for recognition of prior learning, transfer credits, equivalencies, competency evaluations or other full or partial program or module exemptions; (

k) a statement of employment statistics and labour market information relating to the program, including (

i) graduate employment rates, if available, and (ii) the entry-level pay that a graduate of the program may expect to earn; (

l) any information reasonably required by the Director to be disclosed. Form and content of student contract 46

(1) A student contract and each policy, course outline or other document provided to a student by a college must have consecutively numbered pages.

(2) In addition to the attachments required by subsections 15A(4) and 15E(4) of the Act, a student contract must contain at least the following information in the body of the student contract, or on a separate sheet that is annexed to and forms part of the student contract: (

a) the name, mailing address, email address, and telephone number of the college; (

b) the name, mailing address, email address and telephone number of the student; (

c) the name of the program the student will be enrolled in; (

d) a statement that the student has received the information as required by

Section 45; (

e) the start and end dates of the program the student will be enrolled in; (

f) a payment

schedule established in accordance with

Section 48 or 49 for tuition and all other related fees; (

g) a statement that financial assistance in the form of a loan may be available and it would be the sole responsibility of the student to repay the loan; (

h) a statement setting out the requirements for completing the program, including passing grade and work term requirements; (

i) a statement that the student has been advised of the prerequisites for admission to the program and that the student meets those prerequisites; (

j) a statement indicating that a student must disclose any conditions or factors that may adversely affect their ability to fully participate or succeed in the program; (

k) a list of any equipment or materials for the program to be provided to the student by the college; (

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m) a copy of each of the following college policies: (

i) the tuition refund policy, (ii) the student complaint resolution policy, (iii) the attendance and dismissal policy, (iv) the risk assessment policy, (

v) the bullying and harassment policy, (vi) the privacy and distribution policy; (

n) if there is no written contract between the college and an employer as described in clause 20(

a) of the Act, a statement that completion of the program does not guarantee employment; (

o) a statement that the student, on written request to the operator, may receive a copy of their own student file no later than 3 business days after the date the operator receives the request, in accordance with

Section 59; (

p) a statement that a diploma or certificate will be issued by the college no later than 30 days after the student has successfully completed the program and met all conditions of the contract; (

q) a statement that the student contract is subject to the Act and its regulations; (

r) any information that the operator considers necessary; (

s) any information that the Director considers necessary; (

t) the date the student contract is entered into; (

u) the signature of the student; (

v) the signature of a person authorized to legally bind the college.

(3) Any amendment to a student contract after it is executed must conform to the Act and these regulations, be signed and dated by both the student or student applicant and a person authorized to legally bind the college, and be approved by the Director or an inspector. Fully executed original to student 47 An operator must ensure that a student has a fully executed original of their student contract before their program start date and in any case no later than the beginning of the first class. Student Fees Tuition fee payment for program of 12 weeks or longer 48

(1) A college must not require or accept payment of a tuition fee in fewer than 2 reasonably equal instalments for a program of 12 weeks’ duration or longer, unless the payment is made by a third- party sponsor and approved under subsection (3).

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(3) The Director may approve in writing that a college accept, but not require, a tuition payment in a single lump sum for a program of 12 weeks’ duration or longer. Tuition fee payment for program of under 12 weeks 49

(1) Except as provided in subsection (3), a college may accept, but not require, payment of a tuition fee in a single lump sum for a program of under 12 weeks’ duration.

(2) A student or third-party sponsor may choose to pay tuition for a program of under 12 weeks’ duration in 2 or more reasonably equal payments, and in that case the dates on which the tuition instalments become due must be fixed so that they fall approximately at the beginning of each equal portion of the duration of the program, calculated in months, lessons or credits.

(3) If the Director considers it to be in the interests of the student, the Director may require a college to accept payment of a tuition fee in no fewer than 2 reasonably equal payments with the dates on which the tuition instalments become due fixed so that they fall approximately at the beginning of each equal portion of the duration of the program, calculated in months, lessons or credits. Student application fee 50

(1) For a student applicant who does not require an international student permit or study visa to enrol in a program, an operator may charge a domestic student application fee for each program in an amount of no more than $100.

(2) For an international or foreign national student applicant applying from outside of Canada, an operator may charge an international student application fee for each program in an amount of no more than $1000.

(3) A student application fee must be refunded if no seat is available in the program applied for within 1 year of the date of the application.

(4) For audit purposes, a college must keep a record of all student application fees accepted and refunded within the past 2 years. Student registration fee 51

(1) An operator may charge a student registration fee for each program in an amount of no more than 5% of the tuition fee for the program or $500, whichever is less.

(2) A student registration fee paid by a student or third-party sponsor must be credited to the tuition fee for the program.

(3) A student registration fee must be refunded if no seat is available in the program applied for within 1 year of the date of the application.

(4) For audit purposes, a college must keep a record of all student registration fees accepted and refunded within the past 2 years. Accepting payment of student fees 52

(1) An operator may accept a domestic or international student application fee up to 12 months in advance of the start date of a program. 544 © NS Office of the Registrar of Regulations. Web version.

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(2) An operator may accept a student registration fee up to 12 months in advance of the start date of a program.

(3) An operator may accept a tuition fee payment from a student who does not require an international student permit or study visa to enrol in a program (

a) up to 8 weeks in advance of the start date of the program; or (

b) if the tuition fee payment is being made by a third-party sponsor and the Director approves the early payment, up to 12 weeks in advance of the start date of the program.

(4) An operator may accept a tuition fee payment from an international or foreign national student up to 9 months in advance of the start date of the program. Refunding student fees when college or program deficient 53

(1) A college must refund to a student or third-party sponsor all amounts paid to the college by or on behalf of the student if, at the time the student contract was entered into, any of the following applied: (

a) the college did not have a valid certificate of registration; (

b) the program that the student contracted for was not approved by the Director; (

c) any person acting as an instructor or instructor assistant in the program that the student contracted for was not registered under these regulations.

(2) If, in the opinion of the Director, an operator has failed to offer or failed to fully deliver a program that a student has contracted for, the Director may require the operator to do any of the following: (

a) refund tuition fees and the cost of materials paid by a student or third-party sponsor for a program that was not offered; (

b) refund tuition fees and the cost of materials paid by a student or third-party sponsor for any portion of the program that was not delivered in accordance with the program as approved; (

c) make up the deficiency in the program.

(3) Any refund other than a refund under this

Section must be made in accordance with the tuition refund policy.

(4) Nothing in this

Section may be construed as limiting in any way the rights and remedies that a student otherwise has with respect to an operator’s breach of contract with the student. Complaints Student complaint to operator 54

(1) A student may make a complaint to an operator at any of the following times: (

a) before the student’s enrolment in a program; (

b) during the student’s enrolment in a program; (

c) during the 12 months after the student’s end of enrolment. 545 © NS Office of the Registrar of Regulations. Web version.

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(2) An operator must keep a record of each complaint received from a student and the resolution of that complaint, and must make the record available to the Director. Complaint to Director 55

(1) A complaint under

Section 18 of the Act alleging that a college has contravened the Act or regulations must be filed with the Director no later than 12 months after the alleged contravention occurs.

(2) A student or former student who has a complaint against a college must, if reasonably practicable, first attempt to resolve the matter by making a complaint to the operator under

Section 54.

(3) A complaint to the Director must include all of the following information and documentation: (

a) the name of the college; (

b) if the alleged contravention affects any student or former student, the student’s name and the name of the program in which the student or former student is or was enrolled; (

c) the name of the operator and the name of any member of college personnel who is involved in or affected by the alleged contravention; (

d) the nature of the complaint as it relates to performance of a student contract, delivery of a program or any other matter governed by the Act and its regulations; (

e) the complainant’s desired resolution; (

f) if the complainant first attempted to resolve the matter by making a complaint to the operator under

Section 54, copies of all documentation with respect to that complaint and the use of the college’s complaint resolution process for the matter.

(4) A complaint to the Director must be filed with the Director by 1 of the following methods: (

a) personal delivery; (

b) mail with postage prepaid; (

c) registered mail; (

d) courier; (

e) fax; (

f) electronic mail attachment. Notice to complainant 56

(1) A notice given by the Director under subsection 18(3) of the Act to inform a complainant of the dismissal and reasons for the dismissal of their complaint must be in writing.

(2) The advice and disclosure about a complaint that is not being dismissed given by the Director to an operator under subsection 18(4) of the Act must be in writing and must include all of the following: (

a) a statement that the complaint has not been dismissed under subsection 18(3) of the Act; 546 © NS Office of the Registrar of Regulations. Web version.

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b) the following information about the complaint, based on information received by the Director: (

i) a citation of the specific provision of the Act or regulations alleged to have been contravened, (ii) the nature of the contravention and the specific elements of the allegation; (

c) a statement that, for it to be acknowledged, any written response filed by the operator must be submitted no later than the deadline set out in subsection (3); (

d) a description of the actions available to the Director under

Section [subsection] 18(5) of the Act.

(3) For an operator’s written response under clause 18(4)(

c) of the Act to be acknowledged, it must be received by the Director no later than 7 days after the date the operator received the notice referred to in subsection (2). Student Files File required for each student 57

(1) For each student of a college, the operator must keep a file that includes originals or copies of all of the following: (

a) exam papers submitted by the student; (

b) assignments submitted by the student; (

c) transcripts of the student’s grades compiled by the college; (

d) the student’s attendance records; (

e) any records of complaints made by the student to the operator; (

f) payment records; (

g) records of any refunds paid to the student; (

h) correspondence; (

i) certificates or diplomas; (

j) the signed student contract and any amendments; (

k) documentation verifying that the student met the prerequisites for admission to their program.

(2) An operator must be able to produce any electronic record related to a student file in the form of a printout or in an electronically readable format.

(3) An operator must provide the Director with a means of accessing all student records regardless of whether the records are in hard copy or electronic form. Retention of student file 58

(1) An operator must keep a student file for at least 1 year after the program end date for the intake the 547 © NS Office of the Registrar of Regulations. Web version.

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(2) Unless alternate retention arrangements are approved in writing by the Director, at the end of the 5- year period specified in subsection (1), the transcripts and copies of certificates or diplomas must be transferred to the Director for retention. Student may request copy of student file 59

(1) A student may submit a request to an operator for a copy of the student’s student file.

(2) A request under subsection (1) must be in writing.

(3) No later than 3 business days after receiving a request under subsection (1), an operator must give the student a copy of their student file.

(4) An operator may recover reasonable photocopying or printing costs from a student who has been given a copy of their student file. Privacy and distribution policy 60

(1) A college must have a privacy and distribution policy with respect to information contained in student files.

(2) A privacy and distribution policy must include all of the following: (

a) a description of persons who have or may be given access to student files; (

b) details about how information contained in student files is used; (

c) a statement that a student must be given a copy of their student file on request in accordance with

Section 59. Student-rendered Services Conditions on performing student-rendered services 61 An operator must not permit a student to perform services for any person in connection with a program unless (

a) the instructor approves it; (

b) the person for whom the service is performed signs a written acknowledgment that a student is performing the service; and (

c) a price

schedule for the service is posted in accordance with

Section 63. Record of student-rendered services 62 An operator offering services to the public must keep a record of services performed by students and provide a copy of the record to the Director on request. Price

schedule for student-rendered services 63

(1) An operator offering services to the public must establish a price

schedule for the services performed by students and post the price

schedule in a prominent place at the entrance of the college. 548 © NS Office of the Registrar of Regulations. Web version.

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(2) A price

schedule for services performed by students must state that students perform the services. Reporting Annual report and report of changes 64

(1) Annually, on a date agreed to by the Director in writing, an operator must submit all of the following to the Director: (

a) a copy of each standard form used by the college, such as a student application form, student contract and enrolment agreement; (

b) a copy of the policies, rules and regulations of the college; (

c) a list of the names of all instructors and instructor assistants at the college; (

d) copies of current renewable licences, certifications or other credentials required by instructors and instructor assistants at the college; (

e) written notice that any premises, equipment and other facilities used to deliver a program comply with industry standards and with all applicable building, fire, health, sanitary and safety laws.

(2) Any change to information filed under subsection (1) must be reported to the Director no later than 30 days after the date the change occurs. When immediate notice required 65 An operator must immediately give written notice of any of the following to the Director: (

a) loss or potential loss of accreditation, certification or other recognition affecting a program; (

b) loss or non-renewal of any licence, certification, membership or other credential required by an instructor at the college; (

c) resignation or dismissal of an instructor or instructor assistant from the college; (

d) a change of ownership as described in

Section 8; (

e) inability to deliver a program; (

f) change of personnel involving persons with authority to bind the college. Program intake and enrolment reports 66

(1) Before the start date of a program, the operator must report to the Director all intended intakes for that program.

(2) An operator must report any cancellation of an intake reported under subsection (1) to the Director.

(3) For each intake, no later than 2 weeks after the program start date for that intake, the operator must report all of the following information to the Director in writing: (

a) the name of the program and the program start and end dates for the intake; (

b) all of the following information for each student enrolled: 549 © NS Office of the Registrar of Regulations. Web version.

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i) full name, (ii) date of birth, (iii) gender, (iv) residential address, (

v) residential and cellular telephone number, (vi) email address, (vii) academic or equivalent qualifications at the time of enrolment, (viii) source of student funding; (

c) any information the Director requires. Notice of termination of student enrolment 67

(1) An operator must notify the Director in writing when a student ceases to be enrolled in a program before the program end date for the intake the student was enrolled in.

(2) A notice under subsection (1) must be submitted to the Director no later than 30 days after the student’s end of enrolment and must include all of the following information: (

a) the full name of the student; (

b) the name of the program; (

c) the program start and end dates for the intake the student was enrolled in; (

d) the reason the student ceased to be enrolled; (

e) the calculation and amount of any refund paid to the student or third-party sponsor. Program

summary report 68

(1) For each intake, no later than 30 days after the program end date for that intake, the operator must submit a program

summary report to the Director.

(2) A program

summary report for an intake must be in writing and must include all of the following information about each student who was enrolled in that intake: (

a) full name; (

b) residential address; (

c) residential telephone number and cellular telephone number; (

d) enrolment date; (

e) end of enrolment; (

f) if the student ceased to be enrolled before the program end date for the intake, the reason the 550 © NS Office of the Registrar of Regulations. Web version.

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g) sources of student funding; (

h) any information about the student’s enrolment that the Director requires. Financial reports 69

(1) Subject to any requirement under subsection (2) for an audit or review, an operator must provide a copy of the college’s financial statements for the previous fiscal year to the Director no later than 180 days after the end of that fiscal year.

(2) The Director may require that a college’s financial statements be audited or reviewed in a manner specified by the Director, at the cost of the college.

(3) In addition to the annual financial statements, an operator must provide financial documentation and information at the request of the Director at any time. Inspections Inspectors’ powers 70 In addition to the powers set out in subsection 23A(4) of the Act, an inspector may do any of the following during an inspection: (

a) require demonstration of any equipment, software or materials required for the delivery of a program; (

b) speak with students in the absence of any college personnel; (

c) distribute and collect voluntary feedback forms from students; (

d) speak to any college personnel. Adequate workspace for inspector 71 A college must provide an adequate workspace for an inspector to use while reviewing files or speaking with students or college personnel during an inspection. Seizing records on closure of college 72 On the closure of a college for any reason, an inspector or another person designated to assist in transferring files, documents or other items from one location to another may, with written authority from the Director, seize the files, documents or other items from the premises where they are stored. Suspension, Surrender, Revocation, Security Cancellation Suspending certificate of registration or certificate of approval 73

(1) On suspending a certificate of registration or certificate of approval, the Director must provide a written notice to the operator that includes all of the following information: (

a) the effective date of the suspension; (

b) the reasons for the suspension; (

c) the conditions for reinstatement; 551 © NS Office of the Registrar of Regulations. Web version.

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d) the operator’s roles and responsibilities to the students in light of the suspension; (

e) a list of any documents or materials the Director requires in relation to the suspension.

(2) An operator must submit any documents or materials required under clause (1)(

e) to the Director. Suspending intakes 74 The Director may suspend intakes to a college or to a program for any of the following reasons: (

a) issues concerning the solvency of the college are under review; (

b) there are or are likely to be insufficient numbers of instructors for the program; (

c) issues concerning instructor qualification are under review; (

d) the maintenance or continuance of accreditation, certification or licensing of a program or instructor is under review; (

e) the availability or continued availability of facilities or equipment required for the program is under review; (

f) labour market supply or attachment is under review. Remaining student files to Director on closure 75 On closure of a college, the operator must immediately forward to the Director the remaining original student files being held by the operator together with any additional information requested by the Director. Surrendering certificate of registration 76

(1) An operator must apply in writing to the Director to surrender the college’s certificate of registration.

(2) The Director must approve and register the surrender of a certificate of registration when all of the following are met: (

a) all obligations to students have been met; (

b) any students who had not completed their programs before the surrender have been transferred to other programs satisfactory to them to complete their training; (

c) if applicable, financial or other provisions have been made for the students and the students and Director consider them satisfactory; (

d) all requirements of the Act and regulations have been met, including the requirement in

Section 75 for the operator to transfer remaining student files to the Director on the closure of the college; (

e) the operator has met any other reasonable requirement of the Director.

(3) On approving and registering the surrender of a certificate of registration, the Director must send written notice of the approval and registration to the operator. Revoking certificate of registration or certificate of approval 77

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a) the effective date of the revocation; (

b) the reasons for the revocation; (

c) a list of any documents or materials reasonably required by the Director in relation to the revocation.

(2) An operator must submit any documents or materials required under clause (1)(

c) to the Director.

(3) An operator must immediately send the Director all of their remaining original student files and any additional information requested by the Director when the operator’s certificate of registration is revoked and either of the following also applies: (

a) the time for requesting a review under subsection 28[(2)] of the Act has expired; (

b) a review was conducted under

Section 28 of the Act and the Senior Executive Director confirmed the Director’s decision to revoke the certificate of registration. Cancelled security 78

(1) If a surety bond is cancelled or if a college’s certificate of registration is revoked or surrendered and the surety bond is not forfeited, the Director may, 1 year after the cancellation or, subject to subsection (2), 1 year after the effective date of the revocation or surrender, deliver the surety bond to the person bound by it.

(2) At the Director’s sole discretion, if no student has been under contract for 1 year, the Director may deliver a surety bond to the person bound by it before the end of 1 year from the effective date of the revocation or surrender of the certificate of registration that the bond relates to. Claims Against Fund Notifications on college closure 79

(1) An operator of a college that is closing must immediately provide all of the following information to the Director about students enrolled in the college at the time of the closure: (

a) the students’ names, addresses, telephone numbers, and email addresses; (

b) if any portion of a student’s tuition was paid from the proceeds of a loan, the name and address of the lender and any Provincial or federal agency that guaranteed or insured the loan; (

c) if any portion of a student’s tuition was paid by a third-party sponsor, the name and address of the third-party sponsor; (

d) programs in which the students are registered, including the start date of the program for each intake, the expected end date of the program for each intake and the date the college closed; (

e) any information reasonably required by the Director to determine eligibility for making claims against the Fund.

(2) No later than 30 days after the date a college closes, the Director must notify all of the following of their rights under the Fund and how to make a claim: 553 © NS Office of the Registrar of Regulations. Web version.

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a) each student enrolled in the college at the time of the closure; (

b) each third-party sponsor of a student enrolled in the college at the time of the closure. Filing claim 80

(1) A claim against the Fund must be filed no later than 1 year after the date the claimant receives the notice from the Director under subsection 79(2).

(2) A claim filed after the time specified in subsection (1) is not acknowledged, and the Province is relieved of further duty or action on behalf of the claimant with respect to that claim.

(3) A third-party sponsor is eligible to make a claim against the Fund. No liability for Province 81 No liability accrues to the Province from claims made against the Fund. Administrative Sanctions Monetary sanction amount 82

(1) The amount of a monetary sanction is as set out in the following table: Monetary Sanction Amount 1st 2nd 3rd or Subsequent $100 $200 $500

(2) Subject to subsection (3), in determining whether a monetary sanction for a contravention is a 2nd, 3rd or subsequent monetary sanction, only a monetary sanction that was imposed for the same contravention within the 3-year period immediately before the date of the monetary sanction that is the basis of the current monetary sanction [ sic] is counted as a previous monetary sanction.

(3) The 3-year period referred to in subsection (2) must not include any period of time earlier than the date these regulations come into force. Deadline for paying monetary sanction 83

(1) Except as provided in subsection (2), a person who is served with a notice of a monetary sanction must pay the monetary sanction no later than 30 days after the date the notice is served.

(2) A monetary sanction that is appealed to the Senior Executive Director is not required to be paid unless the Senior Executive Director decides that the monetary sanction must be paid, and in that case it must be paid no later than 30 days after the date of the Senior Executive Director’s decision. Failure to pay monetary sanction 84 If a monetary sanction is not paid by the deadline set out in

Section 83, the amount of the monetary sanction is a debt due to the Crown in right of Nova Scotia. Administrative sanction does not relieve person from duty to comply 85 The imposition of an administrative sanction does not relieve a person from their duty to comply with the order respecting the contravention for which the administrative sanction was imposed. 554 © NS Office of the Registrar of Regulations. Web version.

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Part II - Regulations Vol. 40, No. 11 Review by Senior Executive Director Definition for Sections 87 to 90 86 In Sections 87 to 90, “review” means a review of a decision, order or administrative sanction requested under

Section 28 of the Act. Form of review request 87 A request for a review must contain all of the following information: (

a) the name and contact information of the affected party; (

b) a copy of the decision, order or administrative sanction that is the subject of the request; (

c) a request that the decision, order or administrative sanction be reversed or varied and, if a variance is requested, the particulars; (

d) documentation of substantial cause to reverse or vary the decision, order or administrative sanction. Notice to Director of request to review 88 Within a reasonable time after receiving a request for a review and before beginning the review, the Senior Executive Director must notify the Director in writing that the request has been filed. Senior Executive Director must conduct review 89

(1) The Senior Executive Director must conduct a review on receipt of a request filed in accordance with subsection 28(2) of the Act.

(2) At the Senior Executive Director’s option, the review may be conducted orally or through written submissions.

(3) The Senior Executive Director may ask any person for clarification of or information in addition to the information submitted in the request for the review. Onus on person requesting review 90 In any review, the onus is on the person requesting the review to establish, on a balance of probabilities, that the order, decision or administrative sanction should not be confirmed. Notice and Deemed Receipt Method of notification 91 Unless otherwise specified, notice required under these regulations must be in writing and submitted by mail with postage prepaid, by courier or by other means of personal delivery. Deemed receipt 92

(1) Any notice under these regulations that is sent by mail with postage prepaid is deemed to have been received on the 5th day following the date of mailing.

(2) Any notice under these regulations that is sent by courier or other means of personal delivery is deemed to have been received on the date of delivery. 555 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 97/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 11 N.S. Reg. 97/2016 Made: April 26, 2016 Approved: May 10, 2016 Filed: May 11, 2016 General Civil Service Regulations–amendment Order dated May 10, 2016 Amendment to regulations made by the Public Service Commission and approved by the Governor in Council pursuant to

Section 45 of the Civil Service Act The Governor in Council on the report and recommendation of the Minister of the Public Service Commission dated April 26, 2016, and pursuant to

Section 45 of

Chapter 70 of the Revised Statutes of Nova Scotia 1989, the Civil Service Act, is pleased to approve of amendments made by the Public Service Commission to the General Civil Service Regulations, N.S.

Reg. 311/2009, made by the Public Service Commission and approved by the Governor in Council by Order in Council 2009-453 dated October 27, 2009, to provide that the salary calculation used for the public service award for non-bargaining unit civil service employees whose terms and conditions of employment are governed directly or indirectly by the General Civil Services Regulations will be based on an employee’s bi-weekly salary on the last day of employment immediately prior to retirement in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after May 10, 2016.

Schedule “A” The Public Service Commission, pursuant to

Section 45 of

Chapter 70 of the Revised Statutes of Nova Scotia, 1989, the Civil Service Act, hereby amends the General Civil Service Regulations, N.S.

Reg. 311/2009, made by the Public Service Commission and approved by the Governor in Council by Order in Council 2009-453 dated October 27, 2009, to provide that the salary calculation used for the public service award for non-bargaining unit civil service employees whose terms and conditions of employment are governed directly or indirectly by the General Civil Service Regulations will be based on an employee’s bi-weekly salary on the last day of employment immediately prior to retirement or resignation in the manner attached.

This amendment is effective on and after the date of its approval by the Governor in Council. Dated at Halifax, Nova Scotia, April 26, 2016. sgd: Labi Kousoulis Honourable Labi Kousoulis Minister of the Public Service Commission Amendment to the General Civil Service Regulations made by the Public Service Commission under

Section 45 of

Chapter 70 of the Revised Statutes of Nova Scotia, 1989, the Civil Service Act 1 Subsection 135(1) of the General Civil Service Regulations, N.S. Reg. 311/2009, made by the Public Service Commission and approved by the Governor in Council by Order in Council 2009-453 dated October 27, 2009, is amended by striking out “their weekly pay rate on the discontinuation date” and substituting “their weekly pay rate on the last day of employment immediately before retirement or resignation”. 2

Section 136 of the regulations is amended by striking out “as of the discontinuation date” in clauses (

a) and (

b) and substituting “on the last day of employment immediately before retirement or resignation”. 556 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 98/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 11 N.S. Reg. 98/2016 Made: May 10, 2016 Filed: May 12, 2016 Electoral Districts and Number of Members Order: Cape Breton-Victoria Regional School Board Order dated May 10, 2016 made by the Nova Scotia Utility and Review Board pursuant to

Section 43 of the Education Act Order M07217 Nova Scotia Utility and Review Board In the matter of the Education Act - and - In the matter of an application by the Cape Breton-Victoria Regional School Board to confirm the number of school board members and electoral districts and to amend the boundaries of the electoral districts Before: David J. Almon, Member An application having been made by the Cape Breton-Victoria Regional School Board pursuant to S. 43 of the Education Act and the Board having issued its decision on May 10, 2016; It is hereby ordered that the application is approved as follows: 1.

The number of electoral districts for the Cape Breton-Victoria Regional School Board is confirmed at 14, disbursed across 12 Cape Breton Regional Municipality districts and 2 districts in Victoria County, each electing one member; 2. The proposed boundaries of the electoral districts are approved; and 3. The descriptions of all electoral districts are set out in

Schedule “A”, attached to and forming part of this order; And it is further ordered that all provisions of the Education Act and the Municipal Elections Act and any other Acts of the Province of Nova Scotia applying to the preparation for and holding of the regular election of school board members in the year 2016 will be complied with as if the above-noted changes had been made on the first day of March 2016, but for all other purposes such changes shall take effect on the first day of the first meeting of the school board after the election of school board members for the year 2016. Dated at Halifax, Nova Scotia this 10th day of May, 2016. sgd: Elaine Wagner Clerk of the Board

Schedule “A” Electoral District 1 Sydney Mines, Tobin Road in North Sydney, Florence, Little Pond and Alder Point. 557 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 98/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 11 Electoral District 2 Most of the community of North Sydney, communities on Boularderie Island within the CBRM including Little Bras d’Or, Bras d’Or, Mill Creek, Point Aconi, Millville, Groves Point, Hillside Boularderie, Southside Boularderie and Dalem Lake.

Electoral District 3 Upper North Sydney, Leitches Creek, Balls Creek, Beechmont, Frenchvale, Upper Leitches Creek, Scotch Lake, Georges River, Long Island, Barrachois, Ironville, Boisdale, Beaver Cove, Shenacadie, Big Beach, Christmas Island, Grand Narrows, Pipers Cove, Benacadie, Castle Bay, Eskasoni, Islandview, Northside East Bay, MacAdams Lake and Blacketts Lake, southwestern part of the community of Coxheath, Point Edward Peninsula including Point Edward, and Northwest Arm.

Electoral District 4 Edwardsville, Westmount, part of the community of Coxheath, Sydney River and part of Prime Brook north of Highway 125.

Electoral District 5 North end/downtown Sydney peninsula bounded by Sydney Harbour to the mouth of the Wash Brook, along the Wash Brook to Brookland Street, along the center [centre] line of Brookland Street to its intersection with the railroad, southwest along the railroad to Wentworth Park and through the park to Sydney Harbour, part of the community of Sydney southwest of George Street, south of Wentworth Park, east of Sydney Harbour and sharing a boundary with the communities of Sydney River, Prime Brook, the First Nations community of Membertou and the community of Mira Road, that part of Mira Road northwest of Highway 125, the First Nations community of Membertou and the sector of Cottage Road from its intersection with Canso Drive until it becomes Edgar Street including all streets intersecting with this sector of Cottage Road.

Electoral District 6 Sydney neighborhoods of Ashby, the south end and downtown neighborhood and a part of the community of Grand Lake Road. Electoral District 7 Howie Center [Centre], Sydney Forks, Portage, East Bay, Ben Eoin, St. Andrews Channel, Big Pond, Big Pond Center [Centre], Middle Cape, Irish Vale, Irish Cove, Enon, Grand Mira North, Grand Mira South, Upper Grand Mira, Grand Mira South, Gabarus Lake, Gabarus, French Road, Rock Elm, Huntington, Sandfield, Juniper Mountain, Big Ridge, Marion Bridge, Caribou Marsh, Dutch Brook, Mira Road, and that part of the community of Prime Brook south of Highway 125.

Electoral District 8 Glace Bay excluding the neighborhood of Caledonia including that sector of Dominion Street in Glace Bay between its intersection of Highland Street east to its intersection with the railway right-of-way and all streets both north and south of it along this sector that either directly intersect it, or can only be accessed via a street intersecting it along this sector, the sector of Brookside Street in the community of Glace Bay beginning with its intersection with Lake Road south to its intersection with Tower Road and Highway 255 and all streets on either side of this sector of Brookside Street that either directly intersect it or can only be accessed via a street intersecting it along this sector, the communities of Tower Road, Port Caledonia, Donkin, Port Morien, Birch Grove, Black Brook, South Head, Homeville, Broughton, Round Island, Mira Gut, Albert Bridge, Catalone Gut, Bateston, Main-a-Dieu, Little Lorraine and Louisbourg.

Electoral District 9 That part of the community of Glace Bay south of Main Street from the harbour to its intersection with Wallace Road, south of Beechwood Court, south of 286 Phalen Road, east of its boundary shared with the community of Reserve Mines, that sector of Dominion Street from its intersection with MacLeod Road east to its intersection with Highland Street, and the Steeles Hill neighborhood south of it, all of Highland Street and the streets north 558 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 98/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 11 of Ninian Street west of the railway right-of-way, Dominion Street east of its intersection with the railway right-of-way to its intersection with Brookside Street, all of Brookside Street north of its intersection with Lake Road, all of the streets north of Lake Road and west and north of the railway right-of-way west and north of the Lake Road to the shore of Big Glace Bay Lake and then along the shore of Big Glace Bay Lake and along the shore of the Atlantic Ocean to the point where Main Street meets the harbour.

Electoral District 10 The communities of Gardiner Mines and Dominion, that part of the community of Reserve Mines north of Haulage Road and north of 195 Main Street, including Centerville Street, Official Row, Atlantic Drive, Holland Street, Poland Street, Nicholson Drive, Belgium Street, Cross Street, and Neville Street, Bridgeport, Number 2/Hub, and Sterling neighborhoods of the community of Glace Bay, the sector of Phalen Road from its intersection with Beechwood Drive north to its intersection with Main Street, all of Beechwood Drive and Beechwood Court, Deanna Drive and O’Neil’s Lane, the sector of Main Street with the address ranges 974 up to and including 1130 and 955 up to and including 1115, all of the central area neighborhood of Glace Bay with the exception of the part south of the center [centre] line of Main Street and the part of the downtown area neighborhood north of the center [centre] line of Main Street.

Electoral District 11 New Waterford, Scotchtown, River Ryan, Lingan and New Victoria.

Electoral District 12 The Sydney neighborhood of Whitney Pier, that part of the Sydney neighborhood of Ashby north of the center [centre] line of Prince and Welton Streets, that part of the downtown Sydney neighborhood bounded by the center [centre] line of Prince Street to Inglis Street, the center [centre] line of the Inglis Street to Coke Ovens Brooks, along Coke Ovens Brook to the tar ponds of the Wash Brook, and along the tar ponds/Wash Brook to Prince Street, the community of Grand Lake Road with the exception of the neighborhood west of Highway 125, south of the public street/road called Grand Lake Road east of Reeves Street, and north of Upper Prince Street and the communities of South Bar, Victoria Mines and Lingan Road.

Electoral District 13 District 1: Iona peninsula, communities of Bucklaw and Wagmatcook and Nyanza to the Buckwheat Road intersection on the north of TCH (Trans-Canada Highway) and to the Baddeck River Bridge on the south side of the TCH. District 2: Westside Middle River, Yankee Line and Middle River to county line. Big Baddeck including residents along the Buckwheat Road and along the north side of the TCH from the Buckwheat Road east to the point where districts two, three and four intersect. On the south side of the TCH from the Baddeck River Bridge east to just before civic address 8261.

District 3: Starting at civic address 8261 on the TCH east along the shores of the Bras d’Or Lakes to the Bell Museum pond at the eastern end of the Village of Baddeck. Northeast between Mile Brook and the western boundary of Bell Bay Golf to the TCH. From that point west along the southern boundary of TCH to point of beginning. District 4: Beginning at the Bell Museum pond, northeast to TCH along district three boundary then both sides of TCH east to Seal Island Bridge including Baddeck Bay, Big Harbour, Englishtown, New Campbellton and New Harris.

Exit 11 on TCH north to the foot of Cape Smokey including River Bennett and Jersey Cove. District 5: Victoria County portion of Boularderie Island. Electoral District 14 District 6: Foot of Smokey north along the Cabot Trail to the Ingonish United Church on the north and Seascape Cottages on the south. District 7: Ingonish United Church north to Effies Brook including Neil’s Harbour, New Haven, White Point, Smelt Brook. District 8: All of Victoria County north of Effies Brook. 559 © NS Office of the Registrar of Regulations. Web version.

N.S. Reg. 99/2016 Royal Gazette

Part II - Regulations Vol. 40, No. 11 N.S. Reg. 99/2016 Made: May 12, 2016 Filed: May 13, 2016 Prescribed Petroleum Products Prices Order dated May 12, 2016 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 M07470 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

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

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 92/2016
Date	2016-05-27
Type	gazette
Volume / chapter	just regulations rg2 2016 RG2 2016 05 27
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	b70146b77669b7466e7900dc4233830f3394da64

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