which regulation

N.S. Reg. 86/2000

Nova Scotia — Gazette

Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 24, No. 11 June 2, 2000 Contents Act Reg. No.

Page Apprenticeship and Trades Qualifications Act A l a r m a n d S e c u r i t y T e c h n i c i a n T r a d e D e s i g n a t i o n .......... 8 7 /2000 331 Costs and Fees Act Fees and Allowances Regulations and Fees to be taken by a C o m m i s s i o n e r o f t h e S u p r e m e C o u r t .................. 9 2 /2000 343 Environment Act Ministerial Orders: 3010526 Nova Scotia Limited and Suzanne Kushner ...... 8 9 / 2000 334 Bridgewater Laundry & Dry Cleaners Co Limited, B e r n a r d L e v y a n d S o b e y L e a s e d P r o p e r t i e s L i m i t e d .... 9 0 /2000 338 Double D Construction Limited and Glen Duggan ........ 8 8 / 2000 332 Family Benefits Act F a m i l y B e n e f i t s S c h e d u l e “ B ” R e g u l a t i o n s ................ 9 3 /2000 348 Municipal Government Act M u n i c i p a l A c c o u n t i n g a n d R e p o r t i n g M a n u a l.............. 8 6 /2000 330 (Dispensed from publication by O.I.C. 2000-253) Royal Gazette Extraordinary Proclamation appointing the Honourable Myra Freeman as L i e u t e n a n t G o v e r n o r o f N o v a S c o t i a ................... 9 1 /2000 341 NOW AVAILABLE The second issue for the 2000 subscription year of the Folio®-based Nova Scotia Regulations CD-ROM, containing the consolidated regulations of Nova Scotia and the quarterly sectional index of regulations, is now available from the Office of the Registrar of Regulations.

For information or subscriptions please call (9 02) 424-6723 or visit our website at www.gov.ns.ca/just/regulations/cd. 329

N.S. Reg. 86/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 86/2000 Made: April 19, 2000 Filed: May 11, 2000 Municipal Accounting and Reporting Manual Order in Council 2000-253 made May 10, 2000 Dispensation from publication made by the Governor in Council pursuant to subsection 4(3) of the Regulations Act of N. S. Reg. 86/2000, Order dated April 19, 2000, made pursuant to

Section 451 of the Municipal Government Act The Governor in Council on the report and recommendation of the Minister of Housing and Municipal Affairs dated April 19, 2000, pursuant to subsection 4(3) of

Chapter 393 of the Revised Statutes of Nova Scotia, 1989, the Regulations Act, is pleased to dispense with the publication in the Royal Gazette,

Part II, of the Regulation Made By the Minister of Housing and Municipal Affairs Pursuant to

Section 451 of

Chapter 18 of the Statutes of Nova Scotia, 1998, the Municipal Government Act, Repealing the Manual of Financial Accounting and Reporting Practices for Municipalities in Nova Scotia and Replacing it with the Municipal Accounting and Reporting Manual, made by the Minister on April 19, 2000, and which regulation is set forth in

Schedule “A” attached to and forming part of the report and recommendation. 330

N.S. Reg. 87/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 87/2000 Made: May 8, 2000 Filed: May 12, 2000 Alarm and Security Technician Trade Designation Order dated May 8, 2000 made under subsections 3(1) and (2) of the Apprenticeship and Trades Qualifications Act Province of Nova Scotia IN THE MATTER OF Subsections (1) and (2) of

Section 3 of the Apprenticeship and Trades Qualifications Act, Revised Statutes of Nova Scotia, 1989,

Chapter 17 and IN THE MATTER OF The Alarm and Security Technician Trade __________________________________ I, Jane A. Purves, Minister of Education for the Province of Nova Scotia, do hereby specify, determine and designate, pursuant to subsections (1) and (2) of

Section 3 of the Apprenticeship and Trades Qualifications Act, that the Alarm and Security Technician Trade [is a trade] to which the Apprenticeship and Trades Qualifications Act shall apply and I further prescribe that the Apprenticeship and Trades Qualifications Act shall apply to said trade when carried on anywhere in the Province. SIGNED and DATED at Halifax, in the County of Halifax, Province of Nova Scotia this 8 th day of May, A.D., 2000. Signed: Jane Purves Minister of Education 331

N.S. Reg. 88/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 88/2000 Made: May 11, 2000 Filed: May 12, 2000 Ministerial Order re Double D Construction Limited and Glen Duggan Order dated May 11, 2000 made under subsection 125(1) of the Environment Act IN THE MATTER OF

Chapter 1 of the Statutes of Nova Scotia 1994-95, the Environment Act (the “Act”) - and - IN THE MATTER OF a Ministerial Order issued pursuant to the provisions of the said Act to Double D Construction Limited, a body corporate, located at or near Halifax, in the Regional Municipality of Halifax, Province of Nova Scotia and Glen Duggan of the Regional Municipality of Halifax, Province of Nova Scotia. MINISTERIAL ORDER I.

WHEREAS Double D Construction Limited and Glen Duggan own, occupy, operate or are the persons responsible for the operation of a plant, structure, facility, undertaking or thing, to wit: a commercial/industrial operation which is located at or near Shad Bay, in the Regional Municipality of Halifax, Province of Nova Scotia, hereinafter called the “Site”; II. AND

WHEREAS the Minister of the Environment believes on reasonable and probable grounds that the persons named in this Ministerial Order have contravened the Environment Act; 50

(2) No person shall commence or continue any activity designated by the regulations as requiring an approval, unless that person holds the appropriate approval. III. AND

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

Schedule “A” attached to and forming part of this Ministerial Order. 332

N.S. Reg. 88/2000 ROYAL GAZETTE

Part II Regulations AND TAKE NOTICE if the person(

s) to whom this Ministerial Order is directed fail to comply with the Ministerial Order, or any part thereof, the Minister, pursuant to

Section 132 of the Environment Act, may take whatever action the Minister considers necessary to carry out the terms and conditions of the Ministerial Order and may recover any reasonable costs, expenses and charges incurred by the Minister. AND FURTHER TAKE NOTICE that the appeal provisions respecting the issuance of a Ministerial Order are more fully outlined in

Section 138 of the Environment Act, including a 30 day time period from the date of the issuance of the Ministerial Order to file an appeal. DATED at Halifax, in Halifax Regional Municipality, Province of Nova Scotia, this 11 th day of May, 2000. Signed: Michael G . Baker The Honourable Michael G . Baker, Q.C. Acting Minister of the Environment

SCHEDULE “A” TERMS AND CONDITIONS Double D Construction Limited and Glen Duggan 1. Operations at the Shad Bay pit site in question must cease immediately until the required approval is obtained in accordance with the Activities Designation Regulations made pursuant to the Environment Act. 2. Prior to making application for approval to operate the pit operation, the issue of property ownership mu[s]t be resolved so that site boundaries can be established for the operation and site rehabilitation work. 3. If the property ownership issue is not resolved within a year of issuance of this Ministerial Order, the person(

s) named in this Ministerial Order must initiate a site rehabilitation program that has been approved by the Nova Scotia Department of the Environment. 4. Unless otherwise notified in writing by the Minister, the contact person in the Nova Scotia Department of the Environment is: Darlene Fenton, District Manager Central Regional Office Nova Scotia Department of the Environment Suite 224, 1595 Bedford Highway Bedford NS B4A 3Y4 333

N.S. Reg. 89/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 89/2000 Made: May 11, 2000 Filed: May 12, 2000 Ministerial Order re 3010526 Nova Scotia Limited and Suzanne Kushner Order dated May 11, 2000 made under subsection 125(1) of the Environment Act IN THE MATTER OF

Chapter 1 of the Statutes of Nova Scotia 1994-95, the Environment Act (the “Act”) - and - IN THE MATTER OF a Ministerial Order issued pursuant to the provisions of the said Act to 3010526 Nova Scotia Limited, a body corporate, located at or near Halifax, in Halifax County, Province of Nova Scotia and Suzanne Kushner of Halifax, Province of Nova Scotia. MINISTERIAL ORDER I.

WHEREAS 3010526 Nova Scotia Limited, a body corporate and Suzanne Kushner own, occupy, operate or are the persons responsible for the operation of a plant, structure, facility, undertaking or thing, to wit: a commercial/industrial operation which is located at or near Waverley, in the Regional Municipality of Halifax, Province of Nova Scotia, hereinafter called the “Site”; III. AND

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

Section 71 of the Environment Act; Environment Act 67

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

a) take all reasonable measures to 334

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Part II Regulations (

i) prevent, reduce and remedy the adverse effects of the substance, and (ii) remove or otherwise dispose of the substance in such a manner as to minimize adverse effects; (

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

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

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

Schedule “A” attached to and forming part of this Ministerial Order. AND TAKE NOTICE if the person to whom this Ministerial Order is directed fails to comply with the Ministerial Order, or any part thereof, the Minister, pursuant to

Section 132 of the Environment Act, may take whatever action the Minister considers necessary to carry out the terms and conditions of the Ministerial Order and may recover any reasonable costs, expenses and charges incurred by the Minister. AND FURTHER TAKE NOTICE that the appeal provisions respecting the issuance of a Ministerial Order are more fully outlined in

Section 138 of the Environment Act, in cluding a 30 day time period from the date of the issuance of the Ministerial Order to file an appeal. DATED at Halifax, in Halifax Regional Municipality, Province of Nova Scotia, this 11th day of May, 2000. (Signed) Michael G . Baker The Honourable Michael G . Baker, Q.C. Acting Minister of the Environment 335

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Part II Regulations

SCHEDULE “A” TERMS AND CONDITIONS 3010526 Nova Scotia Limited, Suzanne Kushner 1. Remedial Action Plan On or before July 7, 2000, the persons named in this Ministerial Order shall submit to the Nova Scotia Department of the Environment a Remedial Action Plan prepared by an environmental site professional which will include and address the following: (

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

b) a description of the methodologies, remedial techniques and corrective action strategies to be used for implementation of the remedial action plan; (

c) a description of the monitoring program to be used for the duration of the remedial work; (

d) a time

schedule to implement the remedial action plan. 2. Implementation Within 5 days of receipt of approval of the remedial action plan by the Nova Scotia Department of the Environment, the person named in this Ministerial Order shall commence work under the remedial action plan and complete the work within the approved time periods. 3. Progress Reports Once remediation has commenced under

Section 2, the persons named in this Ministerial Order shall submit a written progress report to the Nova Scotia Department of the Environment on a bi-weekly basis or at more frequent intervals if required by the Department. 4. Time Extension Request The Minister may consider a time extension only if the person(

s) named in the Ministerial Order submit a written request to the departmental contact person named below. This written submission will provide the reason(

s) and a detailed justification for the time extension request. 336

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Part II Regulations 5. Department Contact Unless otherwise notified in writing by the Minister, the contact person in the Nova Scotia Department of the Environment under the Ministerial Order to receive any reports and to issue any approvals is: Darlene Fenton, District Manager Central Regional Office Nova Scotia Department of the Environment Suite 224, 1595 Bedford Highway Bedford NS B4A 3Y4 Telephone: (902) 424-2382 Fax: (902) 424-0597 337

N.S. Reg. 90/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 90/2000 Made: May 18, 2000 Filed: May 18, 2000 Ministerial Order re Bridgewater Laundry & Dry Cleaners Co Limited, Bernard G . Levy and Sobey Leased Properties Limited Order dated May 18, 2000 made under subsection 125(1) of the Environment Act IN THE MATTER OF

Chapter 1 of the Statutes of Nova Scotia 1994-95, the Environment Act (the “Act”) - and - IN THE MATTER OF a Ministerial Order issued pursuant to the provisions of the said Act to Bridgewater Laundry & Dry Cleaners Co Limited, a body corporate, located at or near Bridgewater, Lunenburg County, Province of Nova Scotia, Bernard G . Levy, of Maders’ Cove, Lunenburg County, Province of Nova Scotia and Sobey Leased Properties Limited, a body corporate, located at or near Stellarton, Pictou County, Province of Nova Scotia AMENDMENT TO MINISTERIAL ORDER I.

WHEREAS a Ministerial Order dated May 2, 2000, and duly filed in the office of the Registrar of Regulations on May 2, 2000, ([N.S. ]Reg. 80/2000) and published in the Royal Gazette on May 19, 2000, was issued by George Fox, Deputy Minister of the Environment pursuant to the provisions of the Environment Act and Regulations to Bridgewater Laundry & Dry Cleaners Co Limited, Bernard G. Levy and Sobey Leased Properties Limited; II. AND

WHEREAS a request has been made for an amendment to the Ministerial Order; IT IS HEREBY ORDERED that the following amendments be made to the Ministerial Order: 1. Paragraph 1 of

Schedule “A” of the Ministerial Order is revoked and replaced with the following paragraph: On or before June 2, 2000, the persons named in this Ministerial Order shall conduct a further site assessment, as described by Donald A. Carey of Jacques Whitford Environment Limited in his April 11, 2000, letter to Robert Grant, in accordance with current guidelines for the management of contaminated sites in Nova Scotia, using existing data and additional information as required to define the extent of contaminant impacts, both on and off the Site; 2. Paragraph 2 of

Schedule “A” of the Ministerial Order is revoked and replaced with the following paragraph: 338

N.S. Reg. 90/2000 ROYAL GAZETTE

Part II Regulations On or before July 7, 2000, the person(

s) named in this Ministerial Order shall submit to the contact person for the Nova Scotia Department of the Environment a remedial action plan prepared by an environmental site professional which will include and address the following: (

a) the on-Site and off-Site contamination identified by Jacques Whitford Environment Limited as a result of its Site assessments and investigations; (

b) the hydrocarbon contamination on the Site identified in a January 10, 2000, letter from G .A. McBeath of EARTHTech Engineering Limited to Sobeys; (

c) a description of the methodologies, remedial techniques and corrective action strategies to be used for implementation of the remedial action plan; (

d) a description of the monitoring program to be used for the duration of the remedial work; (

e) a time

schedule to implement the remedial action plan. DATED at Halifax, in Halifax Regional Municipality, Province of Nova Scotia, this 18 th day of May, 2000. (Signed) George L. Fox George Fox Deputy Minister of the Environment AMENDED

SCHEDULE “A” TERMS AND CONDITIONS Bridgewater Laundry & Dry Cleaners Co Limited, Bernard G . Levy, and Sobey Leased Properties Limited 1. Site Assessment On or before June 2, 2000, the persons named in this Ministerial Order shall conduct a further site assessment, as described by Donald A. Carey of Jacques Whitford Environment Limited in his April 11, 2000, letter to Robert Grant, in accordance with current guidelines for the management of contaminated sites in Nova Scotia, using existing data and additional information as required to define the extent of contaminant impacts, both on and off the Site; 2. Remedial Action Plan On or before July 7, 2000, the person(

s) named in this Ministerial Order shall submit to the contact person for the Nova Scotia Department of the Environment a remedial action plan prepared by an environmental site professional which will include and address the following: 339

N.S. Reg. 90/2000 ROYAL GAZETTE

Part II Regulations (

a) the on-Site and off-Site contamination identified by Jacques Whitford Environment Limited as a result of its Site assessments and investigations; (

b) the hydrocarbon contamination on the Site identified in a January 10, 2000, letter from G .A. McBeath of EARTHTech Engineering Limited to Sobeys; (

c) a description of the methodologies, remedial techniques and corrective action strategies to be used for implementation of the remedial action plan; (

d) a description of the monitoring program to be used for the duration of the remedial work; (

e) a time

schedule to implement the remedial action plan. 3. Implementation Within 5 days of receipt of approval of the remedial action plan by the Nova Scotia Department of the Environment, the person(

s) named in this Ministerial Order shall commence work under the remedial action plan and complete the work within the approved time periods. 4. Progress Reports Once remediation has commenced under

Section 3, the person(

s) named in this Ministerial Order shall submit a written progress report to the Nova Scotia Department of the Environment on a bi-weekly basis or at more frequent intervals if required by the Department. 5. Time Extension Request The Minister may consider a time extension only if the person(

s) named in the Ministerial Order submit a written request to the departmental contact person named below. This written submission will provide the reasons and a detailed justification for the time extension request. 5. Department Contact Unless otherwise notified in writing by the Minister, the contact person in the Nova Scotia Department of the Environment for the purposes of receiving reports and issuing approvals under this Ministerial Order is: Jeff Garnhum, District Manager Bridgewater District Office Nova Scotia Department of the Environment 60 Logan Road Bridgewater, Nova Scotia B4V 3J8 Telephone: (902) 543-4685 Fax: (902) 527-5480 340

N.S. Reg. 91/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 91/2000 Made: May 17, 2000 Filed: May 18, 2000 Appointment of the Honourable Myra A. Freeman as Lieutenant Governor of Nova Scotia Royal Gazette Extraordinary PUBLISHED BY AUTHORITY HALIFAX, NOV A SCOTIA, WEDNESDAY , 17TH MAY , 2000 Province House, Wednesday, May 17, 2000 Her Excellency the Governor General having been pleased to appoint the Honourable Myra A.

Freeman to be the Lieutenant Governor in and over the Province of Nova Scotia, by Commission dated the 10 th day of May, 2000, Her Honour the Lieutenant Governor came to the Red Chamber, Province House, in the Halifax Regional Municipality, where the Commission was delivered to her and the same having been read and published in the presence of the Chief Justice of Nova Scotia, and other members of the judiciary of the said Province and of the Premier and Members of the Executive Council of the said Province and of the Premier and Members of the Executive Council of the said Province and of others, the prescribed oaths were administered by the Chief Justice of Nova Scotia.

The Great Seal of the Province having been delivered to Her Honour the Lieutenant Governor, Her Honour was pleased to return the same to the Minister of Justice, for safekeeping. Her Honour was then pleased to issue the following Proclamation: PROVINCE OF NOV A SCOTIA BY HER HONOUR THE HONOURABLE MYRA A. FREEMAN Lieutenant Governor of the Province of Nova Scotia TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, GREETING: A PROCLAMATION

WHEREAS Her Excellency the Governor General in Council by Commission under the Great Seal of Canada, bearing date the tenth day of May, in the year of Our Lord two thousand in the forty-ninth year of Her Majesty’s reign, has been please to appoint me to be the Lieutenant Governor in and over the Province of Nova Scotia during the will and pleasure of the Governor General of Canada; 341

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Part II Regulations NOW KNOW YE that I have thought fit to publish and make known, and do hereby publish and make known that I have this day made and subscribed the oaths of allegiance and office, and assumed the duties of my office as such Lieutenant Governor, under and in accordance with the Governor General’s Commission and Instructions, and the Statutes and Laws in that behalf, and I do hereby require and command that each and every person holding any office, place, employment or function under Her Majesty in this Province do continue in the execution thereof, of which all Her Majesty in this Province do continue in the execution thereof, of which all Her Majesty’s subjects in this Province and all others whom it may concern are to take notice and govern themselves accordingly.

GIVEN under my Hand and Seal at Arms at the Halifax Regional Municipality, in the Province of Nova Scotia, this 17 th day of May in the year of Our Lord two thousand and in the forty-ninth year of Her Majesty’s Reign. (Signed) Myra A. Freeman Lieutenant Governor 342

N.S. Reg. 92/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 92/2000 Made: May 17, 2000 Filed: May 19, 2000 Fees and Allowances Regulations and Fees to be taken by a Commissioner of the Supreme Court Order in Council 2000-261 made May 17, 2000 Amendment to regulations made by the Governor in Council pursuant to

Section 2 of the Costs and Fees Act The Governor in Council on the report and recommendation of the Minister of Justice dated April 17, 2000, pursuant to

Section 2 of

Chapter 104 of the Revised Statutes of Nova Scotia, 1989, the Costs and Fees Act, is pleased to amend, effective on, from and after July 1, 2000, (

a) the regulations respecting fees and allowances for departments, officials or persons in respect of the services mentioned in the

Schedule to

Part I of the Act made by Order in Council 90-558 dated May 8, 1990, in the manner set out in

Schedule “A” attached to and forming part of the report and recommendation; and (

b) the

Schedule to

Part I of the Costs and Fees Act under the heading “FEES TO BE TAKEN BY A COMMISSIONER OF THE SUPREME COURT” made by Order in Council 90-1039 dated August 31, 1990, by striking out item (1) and substituting the following:

(1) For administering an oath, except when acting as a court officer in taking the oath for a party or their solicitor $10.00

SCHEDULE “A” Amendments to the regulations respecting fees and allowances made by the Governor in Council pursuant to

Section 2 of

Chapter 104 of the Revised Statutes of Nova Scotia, 1989, the Costs and Fees Act

Schedule "C" to the regulations respecting fees and allowances made by the Governor in Council by Order in Council 90-558 dated May 8, 1990, is amended by (

a) repealing item (1)(

c) and substituting the following item: (

c) Despite (1)(a), entering and filing an interlocutory notice or interim application in the Supreme Court, including the Supreme Court (Family Division) in an action for custody, access or support 30.00 343

N.S. Reg. 92/2000 ROYAL GAZETTE

Part II Regulations (

b) adding item (1)(

d) immediately after item (1)(

c) as follows: (

d) Issuing and filing all documents that commence a proceeding under Rule 70 of the Civil Procedure Rules in the Supreme Court (Family Division) pursuant to the Family Maintenance Act 30.00 (

c) repealing item (5) and substituting the following item:

(5) Setting down or scheduling a matter for trial without a jury before the Supreme Court other than a divorce action or any proceeding in the Supreme Court (Family Division) 200.00 (

d) repealing items (7) and (8); (

e) repealing item (9)(

b) and substituting the following item: (

b) Requesting an adjournment of a trial to a new date in the Supreme Court of Nova Scotia within the 90 day period preceding the date on which that trial was scheduled to be heard other than a divorce action or any proceeding in the Supreme Court (Family Division) 200.00 (

f) repealing items (14) through (17) and substituting the following items:

(14) Filing and entry of all other documents in the Supreme Court that do not commence an action other than a divorce action or any proceeding in the Supreme Court (Family Division) 10.00

(15) Issuing and filing all documents pertaining to an action for divorce or matrimonial cause (including $10.00 fee to Government of Canada for processing the registration of divorce forms) 200.00

(16) Despite (15), issuing and filing an answer or other document in defence in a divorce proceeding or matrimonial cause except a counter petition or counterclaim 50.00

(17) Despite (15), issuing and filing an answer and counter petition or defence and counterclaim in a divorce proceeding or matrimonial cause 100.00 (17A) (

a) For mediation in the Supreme Court (Family Division), except in relation to protection actions under the Children and Family Services Act, all parties shall pay hourly fees in accordance with the number of their dependants and income as follows: 344

N.S. Reg. 92/2000 ROYAL GAZETTE

Part II Regulations GROSS INCOME FEES PER HOUR PER PARTY BASED ON NUMBER OF DEPENDANTS INCLUDING SELF 1234 5 o r m o r e up to $20,000 no fee no fee no fee no fee no fee $20,001-$23,000 $5.00 no fee no fee no fee no fee $23,001-$26,000 $10.00 $5.00 no fee no fee no fee $26,001-$29,000 $15.00 $10.00 $5.00 no fee no fee $29,001-$32,000 $20.00 $15.00 $10.00 $5.00 no fee $32,001-$35,000 $25.00 $20.00 $15.00 $10.00 $5.00 $35,001-$38,000 $30.00 $25.00 $20.00 $15.00 $10.00 $38,001-$41,000 $35.00 $30.00 $25.00 $20.00 $15.00 $41,001-$44,000 $40.00 $35.00 $30.00 $25.00 $20.00 $44,001-$47,000 $50.00 $40.00 $35.00 $30.00 $25.00 $47,001-$50,000 $60.00 $50.00 $40.00 $35.00 $30.00 $50,001-$53,000 $70.00 $60.00 $50.00 $40.00 $35.00 $53,001-$56,000 $80.00 $70.00 $60.00 $50.00 $40.00 $56,001-$59,000 $80.00 $80.00 $70.00 $60.00 $50.00 $59,001-$62,000 $80.00 $80.00 $80.00 $70.00 $60.00 $62,001-$65,000 $80.00 $80.00 $80.00 $80.00 $70.00 $65,001 and up $80.00 $80.00 $80.00 $80.00 $80.00 (

b) The fees set out in (

a) are payable in advance and apply to each party for each hour of mediation. (

c) In determining the fees payable pursuant to (

a) and (b), (i) “each party ” refers to the parties directly involved in the mediation but does not include anyone who accompanies a party for advice or support, (ii) “income ” shall be determined in the manner set out in

Section 16 of the Federal Child Support Guidelines made pursuant to the Divorce Act (Canada), 345

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Part II Regulations (iii) “number of dependents” includes the party and any children supported or partially supported by that party and any other person for whom the party is financially responsible; children supported or partially supported by both parents may be counted as dependants by both parents. (

d) Where the total amount of the hourly fees for mediation payable by all parties pursuant to (

a) and (

b) exceeds the actual hourly cost of mediation, the fees shall be pro-rated based on the parties’ incomes. (

e) The Court may order one party to pay part or all of the mediation fees attributable to another party where, in the determination of the Court, to order otherwise would cause serious financial hardship to that other party or for any other appropriate reason. (17B) (

a) For the research for and preparation of a Court ordered custody/access assessment report in the Supreme Court, Family Court or Supreme Court (Family Division), except in relation to protection actions under the Children and Family Services Act or the Adult Protection Act or assessments under the Young Offenders Act, all parties shall pay fees in accordance with their income as follows: INCOME DEPOSIT PERCENTAGE OF COST OF REPORT PAYABLE Up to $20,000 0 0% $20,001-$25,000 $50.00 5% $25,001-$30,000 $100.00 10% $30,001-$35,000 $150.00 15% $35,001-$40,000 $200.00 20% $40,001-$45,000 $300.00 30% $45,001-$50,000 $400.00 40% $50,001-$55,000 $500.00 55% $55,001-$60,000 $600.00 70% $60,001-$65,000 $850.00 85% $65,001-over $65,001 $1,000.00 95% 346

N.S. Reg. 92/2000 ROYAL GAZETTE

Part II Regulations (

b) The fees set out in (

a) apply to each party and are payable as follows: (

i) the applicable deposit set out in (

a) upon the Court ordering an assessment report, and (ii) the amount of the applicable percentage of the cost of the assessment report set out in (

a) upon completion of the report. (

c) In determining the fees payable pursuant to (

a) and (b), (i) “each party ” refers to the parties directly involved in the Court application for which the assessment report is being p repared, (ii) “income ” shall be determined in the manner set out in

Section 16 of the Federal Child Support Guidelines made pursuant to the Divorce Act (Canada). (

d) Where the total amount of the fees for an assessment report payable by all parties pursuant to (

a) and (

b) exceeds the actual cost of the assessment report, the fees shall be pro rated based on the parties’ incomes. (

e) The Court may order one party to pay part or all of the cost of an assessment report attributable to another party where, in the determination of the Court, to order otherwise would cause serious financial hardship to that other party or for any other appropriate reason. 347

N.S. Reg. 93/2000 ROYAL GAZETTE

Part II Regulations N.S. Reg. 93/2000 Made: May 17, 2000 Filed: May 19, 2000 Family Benefits

Schedule “B” Regulations Order in Council 2000-266 made May 17, 2000 Am endment to regulations made by the Governor in Council pursuant to

Section 18 of the Family Benefits Act The Governor in Council on the report and recommendation of the Minister of Community Services dated April 11, 2000, pursuant to

Section 18 of

Chapter 158 of the Revised Statutes of N ova Scotia, 1989, the Family Benefits Act, is pleased to amend the Family Benefits

Schedule “B” Regulations made by Order in Council 87-430 dated April 7, 198 7, in the manner set forth in

Schedule "A" attached to and forming part of the report and recommendation, effective May 17, 2000.

Schedule “A” Amendment to the Family Benefits

Schedule “B” Regulations made by the Governor in Council pursuant to

Section 18 of

Chapter 158 of the Revised Statutes of Nova Scotia, 1989, the Family Benefits Act The Family Benefits

Schedule “B” Regulations made by the Governor in Council by Order in Council 87-430 dated April 7, 1987, is amended by adding the following subsection immediately after subsection 44(13):

(14) Where a person receives (

a) a payment other than a payment for loss of income or loss of support pursuant to (

i) the 1986-1990 Hepatitis C Settlement Agreement, or (ii) the Federal/Provincial/Territorial Assistance Program for HIV Secondarily Infected Persons; or (

b) a payment as a Merchant Navy Veteran or as a surviving spouse of a Merchant Navy Veteran for post-war benefits, such a payment shall not be considered as income or as an asset for the purpose of determining a person’s initial eligibility or on-going eligibility for family benefits pursuant to the Act and the regulations but any income generated from such a payment shall be considered as income for the month in which the income is received. 348

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 86/2000
Date	2000-06-02
Type	gazette
Volume / chapter	just regulations rg2 2000 RG2 2000 06 02
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	c00d44ed6669bfb119535d5d8d03273439c13159

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