Volume 44, No. 23 November 6, 2020

Part II Halifax, Nova Scotia Regulations under the Regulations Act Printed by the Queen’s Printer Contents Act Reg. No.

Page Dairy Industry Act Bulk Haulage Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161/2020 605 Day Care Act Proclamation of amendments to Act, S. 26, S.N.S. 2018, c. 33 . . . . . . . . . . . . . . . . . . . . . . 163/2020 608 Early Learning and Child Care Act Day Care Regulations–amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164/2020 610 –amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165/2020 610

Interpretation Act Adjudicative Bodies Designation Regulations–amendment. . . . . . . . . . . . . . . . . . . . . . . . . 160/2020 604 Petroleum Products Pricing Act Prescribed Petroleum Products Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159/2020 602 Prescribed Petroleum Products Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162/2020 606 In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act.

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

Chapter 46 of the Acts of 2004 were proclaimed in force. © NS Office of the Registrar of Regulations. Web version. 601

N.S. Reg. 159/2020 Royal Gazette

Part II - Regulations Vol. 44, No. 23 N.S. Reg. 159/2020 Made: October 15, 2020 Filed: October 16, 2020 Prescribed Petroleum Products Prices Order dated October 15, 2020 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 In the matter of the Petroleum Products Pricing Act M09884 - 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: Steven M. Murphy, MBA, 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 wholesale margin effective January 4, 2013, in its decision, 2012 NSUARB 213, issued on December 12, 2012; And

whereas the Board revised the retail margin and the transportation allowance effective October 28, 2016, in its decision, 2016 NSUARB 168, issued on September 26, 2016; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the period ended October 14, 2020, are: Grade 1 Regular gasoline 42.81¢ per litre Ultra-low-sulfur diesel oil 41.11¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 42.81¢ per litre Grade 2 45.81¢ per litre Grade 3 48.81¢ per litre Ultra-low-sulfur diesel oil 41.11¢ 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: nil Ultra-low-sulfur diesel oil: plus 0.2¢ per litre And

whereas a winter blending adjustment of plus 2.08¢ 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., October 16, 2020. © NS Office of the Registrar of Regulations. Web version. 602

N.S. Reg. 159/2020 Royal Gazette

Part II - Regulations Vol. 44, No. 23 Dated at Halifax, Nova Scotia, this 15th day of October, 2020. sgd. Crystal Henwood 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 October 16, 2020 Nova Scotia Petroleum Price

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

Wholesale Excise Selling Tax Price Tax Price Min Max Min Max Zone 1 Regular Unleaded 51.26 10.0 15.5 76.76 94.1 96.3 94.1 999.9 Mid-Grade Unleaded 54.26 10.0 15.5 79.76 97.6 99.8 97.6 999.9 Premium Unleaded 57.26 10.0 15.5 82.76 101.0 103.2 101.0 999.9 Ultra-Low-Sulfur Diesel 52.16 4.0 15.4 71.56 88.2 90.3 88.2 999.9 Zone 2 Regular Unleaded 51.76 10.0 15.5 77.26 94.7 96.9 94.7 999.9 Mid-Grade Unleaded 54.76 10.0 15.5 80.26 98.2 100.3 98.2 999.9 Premium Unleaded 57.76 10.0 15.5 83.26 101.6 103.8 101.6 999.9 Ultra-Low-Sulfur Diesel 52.66 4.0 15.4 72.06 88.7 90.9 88.7 999.9 Zone 3 Regular Unleaded 52.16 10.0 15.5 77.66 95.2 97.4 95.2 999.9 Mid-Grade Unleaded 55.16 10.0 15.5 80.66 98.6 100.8 98.6 999.9 Premium Unleaded 58.16 10.0 15.5 83.66 102.1 104.3 102.1 999.9 Ultra-Low-Sulfur Diesel 53.06 4.0 15.4 72.46 89.2 91.4 89.2 999.9 Zone 4 Regular Unleaded 52.26 10.0 15.5 77.76 95.3 97.5 95.3 999.9 Mid-Grade Unleaded 55.26 10.0 15.5 80.76 98.7 100.9 98.7 999.9 Premium Unleaded 58.26 10.0 15.5 83.76 102.2 104.4 102.2 999.9 Ultra-Low-Sulfur Diesel 53.16 4.0 15.4 72.56 89.3 91.5 89.3 999.9 Zone 5 Regular Unleaded 52.26 10.0 15.5 77.76 95.3 97.5 95.3 999.9 Mid-Grade Unleaded 55.26 10.0 15.5 80.76 98.7 100.9 98.7 999.9 Premium Unleaded 58.26 10.0 15.5 83.76 102.2 104.4 102.2 999.9 Ultra-Low-Sulfur Diesel 53.16 4.0 15.4 72.56 89.3 91.5 89.3 999.9 Zone 6 Regular Unleaded 52.96 10.0 15.5 78.46 96.1 98.3 96.1 999.9 Mid-Grade Unleaded 55.96 10.0 15.5 81.46 99.5 101.7 99.5 999.9 Premium Unleaded 58.96 10.0 15.5 84.46 103.0 105.2 103.0 999.9 Ultra-Low-Sulfur Diesel 53.86 4.0 15.4 73.26 90.1 92.3 90.1 999.9 © NS Office of the Registrar of Regulations.

Web version. 603

N.S. Reg. 160/2020 Royal Gazette

Part II - Regulations Vol. 44, No. 23 N.S. Reg. 160/2020 Made: October 20, 2020 Filed: October 20, 2020 Adjudicative Bodies Designation Regulations–amendment Order in Council 2020-287 dated October 20, 2020 Amendment to regulations made by the Governor in Council pursuant to subsection 18A(1) of the

Interpretation Act The Governor in Council on the report and recommendation of the Attorney General and Minister of Justice dated September 29, 2020, and pursuant to subsection 18A(1) of

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

Interpretation Act, is pleased to amend the Adjudicative Bodies Designation Regulations , N.S. Reg. 176/2004, made by the Governor in Council by Order in Council 2004-276 dated July 9, 2004, to designate the Nova Scotia Aquaculture Review Board, the Animal Welfare Appeal Board and the Nova Scotia Workers’ Compensation Appeals Tribunal as adjudicative bodies for the purposes of

Section 18A of the

Interpretation Act, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after October 20, 2020.

Schedule “A” Amendment to the Adjudicative Bodies Designation Regulations made by the Governor in Council under subsection 18A(1) of

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

Interpretation Act The Adjudicative Bodies Designation Regulations , N.S. Reg. 176/2004, made by the Governor in Council by Order in Council 2004-276 dated July 9, 2004, are amended to designate the following as adjudicative bodies for the purposes of

Section 18A of the

Interpretation Act by adding them where they belong in alphabetical order to the list of designated bodies in

Section 2: Animal Welfare Appeal Board Nova Scotia Aquaculture Review Board Nova Scotia Workers’ Compensation Appeals Tribunal © NS Office of the Registrar of Regulations. Web version. 604

------------------------------------------------------------------------------------------------ N.S. Reg. 161/2020 Royal Gazette

Part II - Regulations Vol. 44, No. 23 N.S. Reg. 161/2020 Made: September 25, 2020 Approved: October 15, 2020 Filed: October 22, 2020 Bulk Haulage Regulations–amendment Order dated October 15, 2020 Amendment to regulations made by the Dairy Farmers of Nova Scotia and approved by the Natural Products Marketing Council pursuant to clause 15(1)(

b) of the Dairy Industry Act Dairy Farmers of Nova Scotia Amendment to the Bulk Haulage Regulations made under the Dairy Industry Act I certify that on September 25, 2020, the Dairy Farmers of Nova Scotia, pursuant to clause 15(1)(

b) of

Chapter 24 of the Acts of 2000, the Dairy Industry Act, carried a motion to amend the Bulk Haulage Regulations, N.S. Reg. 23/2003, made by the Dairy Farmers of Nova Scotia on July 17, 2002, and approved by the Natural Products Marketing Council on August 13, 2002, in the manner set forth in the attached

Schedule “A”, effective on and after November 1, 2020. Signed at Truro, in the County of Colchester, Nova Scotia on October 20, 2020. Dairy Farmers of Nova Scotia per: sgd. Brian Cameron Brian Cameron General Manager Approved by the Natural Products Marketing Council at Truro, in the County of Colchester, Nova Scotia on October 15, 2020. Natural Products Marketing Council per: sgd. E. A. Crouse Elizabeth A. Crouse, P.Ag. Director

Schedule “A” Amendment to the Bulk Haulage Regulations made by the Dairy Farmers of Nova Scotia pursuant to clause 15(1)(

b) of

Chapter 24 of the Acts of 2000, the Dairy Industry Act

Section 7 of the Bulk Haulage Regulations, N.S. Reg. 23/2003, made by the Dairy Farmers of Nova Scotia on July 17, 2002, and approved by the Natural Products Marketing Council on August 13, 2002, is amended by repealing clause (

a) and substituting the following clause: © NS Office of the Registrar of Regulations. Web version. 605

N.S. Reg. 161/2020 - 162/2020 Royal Gazette

Part II - Regulations Vol. 44, No. 23 (

a) for farm milk pick-up that occurs on a set

schedule of every second day: Transporter Maximum Rate/100 L Agropur Cooperative $2.22 Agropur Scotsburn Division (Agropur Cooperative) $2.98 Fisher Transport Limited $1.77 Winterthur Farm—Rudolph Burghardt $5.22 N.S. Reg. 162/2020 Made: October 22, 2020 Filed: October 23, 2020 Prescribed Petroleum Products Prices Order dated October 22, 2020 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 In the matter of the Petroleum Products Pricing Act M09888 - 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: Richard J. Melanson, LL.B., 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 wholesale margin effective January 4, 2013, in its decision, 2012 NSUARB 213, issued on December 12, 2012; And

whereas the Board revised the retail margin and the transportation allowance effective October 28, 2016, in its decision, 2016 NSUARB 168, issued on September 26, 2016; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the period ended October 21, 2020, are: © NS Office of the Registrar of Regulations. Web version. 606

N.S. Reg. 162/2020 Royal Gazette

Part II - Regulations Vol. 44, No. 23 Grade 1 Regular gasoline 41.50¢ per litre Ultra-low-sulfur diesel oil 40.69¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 41.50¢ per litre Grade 2 44.50¢ per litre Grade 3 47.50¢ per litre Ultra-low-sulfur diesel oil 40.69¢ per litre And

now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: minus 0.5¢ per litre Ultra-low-sulfur diesel oil: minus 0.1¢ per litre And

whereas a winter blending adjustment of plus 2.46¢ 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., October 23, 2020. Dated at Halifax, Nova Scotia, this 22nd day of October, 2020. sgd. Lisa Wallace 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 October 23, 2020 Nova Scotia Petroleum Price

Schedule Petroleum Prices in Cents/Litre Self-Service Full-Service Pump Prices 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 49.45 Mid-Grade Unleaded 52.45 Premium Unleaded 55.45 Ultra-Low-Sulfur Diesel 51.82 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 74.95 77.95 80.95 71.22 92.1 94.2 95.5 97.7 99.0 101.1 87.8 90.0 92.1 999.9 95.5 999.9 99.0 999.9 87.8 999.9 Zone 2 Regular Unleaded 49.95 Mid-Grade Unleaded 52.95 Premium Unleaded 55.95 Ultra-Low-Sulfur Diesel 52.32 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 75.45 78.45 81.45 71.72 92.6 94.8 96.1 98.3 99.5 101.7 88.3 90.5 92.6 999.9 96.1 999.9 99.5 999.9 88.3 999.9 © NS Office of the Registrar of Regulations. Web version. 607

N.S. Reg. 162/2020 - 163/2020 Royal Gazette

Part II - Regulations Vol. 44, No. 23 Zone 3 Regular Unleaded 50.35 10.0 15.5 75.85 93.1 95.3 93.1 999.9 Mid-Grade Unleaded 53.35 10.0 15.5 78.85 96.5 98.7 96.5 999.9 Premium Unleaded 56.35 10.0 15.5 81.85 100.0 102.2 100.0 999.9 Ultra-Low-Sulfur Diesel 52.72 4.0 15.4 72.12 88.8 91.0 88.8 999.9 Zone 4 Regular Unleaded 50.45 10.0 15.5 75.95 93.2 95.4 93.2 999.9 Mid-Grade Unleaded 53.45 10.0 15.5 78.95 96.7 98.8 96.7 999.9 Premium Unleaded 56.45 10.0 15.5 81.95 100.1 102.3 100.1 999.9 Ultra-Low-Sulfur Diesel 52.82 4.0 15.4 72.22 88.9 91.1 88.9 999.9 Zone 5 Regular Unleaded 50.45 10.0 15.5 75.95 93.2 95.4 93.2 999.9 Mid-Grade Unleaded 53.45 10.0 15.5 78.95 96.7 98.8 96.7 999.9 Premium Unleaded 56.45 10.0 15.5 81.95 100.1 102.3 100.1 999.9 Ultra-Low-Sulfur Diesel 52.82 4.0 15.4 72.22 88.9 91.1 88.9 999.9 Zone 6 Regular Unleaded 51.15 10.0 15.5 76.65 94.0 96.2 94.0 999.9 Mid-Grade Unleaded 54.15 10.0 15.5 79.65 97.5 99.6 97.5 999.9 Premium Unleaded 57.15 10.0 15.5 82.65 100.9 103.1 100.9 999.9 Ultra-Low-Sulfur Diesel 53.52 4.0 15.4 72.92 89.7 91.9 89.7 999.9 N.S.

Reg. 163/2020 Made: October 27, 2020 Filed: October 27, 2020 Proclamation of amendments to Act, S. 26, S.N.S. 2018, c. 33 Order in Council 2020-295 dated October 27, 2020 Proclamation made by the Governor in Council pursuant to

Section 26 of

An Act to Amend

Chapter 120 of the Revised Statutes, 1989, the Day Care Act The Governor in Council on the report and recommendation of the Minister of Education and Early Childhood Development dated March 11, 2020, [and] pursuant to

Section 26 of

Chapter 33 of the Acts of 2018,

An Act to Amend

Chapter 120 of the Revised Statutes, 1989, the Day Care Act , is pleased to order and declare by proclamation that

Chapter 33 of the Acts of 2018,

An Act to Amend

Chapter 120 of the Revised Statutes, 1989, the Day Care Act, do come into force on and not before October 27, 2020. PROVINCE OF NOVA SCOTIA sgd: Arthur J. LeBlanc G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: © NS Office of the Registrar of Regulations. Web version. 608

N.S. Reg. 163/2020 Royal Gazette

Part II - Regulations Vol. 44, No. 23 A PROCLAMATION

WHEREAS in and by

Section 26 of

Chapter 33 of the Acts of 2018, the

An Act to Amend

Chapter 120 of the Revised Statutes, 1989, the Day Care Act , it is enacted as follows: 26 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 33 of the Acts of 2018,

An Act to Amend

Chapter 120 of the Revised Statutes, 1989, the Day Care Act , do come into force on and not before October 27, 2020; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 33 of the Acts of 2018,

An Act to Amend

Chapter 120 of the Revised Statutes, 1989, the Day Care Act , do come into force on and not before October 27, 2020, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved His Honour Arthur J. LeBlanc, ONS, Q.C., Lieutenant Governor of the Province of Nova Scotia.

AT Our Government House in the Halifax Regional Municipality, this 27th day of October in the year of Our Lord two thousand and twenty and in the sixty- ninth year of Our Reign. BY COMMAND: sgd: Honourable Mark Furey Provincial Secretary Attorney General and Minister of Justice © NS Office of the Registrar of Regulations. Web version. 609

N.S. Reg. 164/2020 to 165/2020 - 164/2020 Royal Gazette

Part II - Regulations Vol. 44, No. 23 N.S. Reg. 164/2020 to 165/2020 Made: October 27, 2020 Filed: October 27, 2020 Day Care Regulations–amendment Order in Council 2020-296 dated October 27, 2020 Amendment to regulations made by the Governor in Council pursuant to

Section 15 of the Early Learning and Child Care Act The Governor in Council on the report and recommendation of the Minister of Education and Early Childhood Development dated March 3, 2020, and pursuant to

Section 15 of

Chapter 120 of the Revised Statutes of Nova Scotia, 1989, the Early Learning and Child Care Act, is pleased to (

a) amend the Day Care Regulations, N.S. Reg. 193/2010, made by the Governor in Council by Order in Council 2010-456 dated December 20, 2010, to rename the regulations and make additional changes required in relation to the proclamation of

Chapter 33 of the Acts of 2018,

An Act to Amend

Chapter 120 of the Revised Statutes, 1989, the Day Care Act , in the manner set forth in

Schedule “A” attached to and forming part of this report and recommendation, effective on and after October 27, 2020; and (

b) amend N.S. Reg. 137/2018 made by the Governor in Council by Order in Council 2018-200 dated July 25, 2018, which is an amendment to the Day Care Regulations, N.S. Reg. 193/2010, to correct an error in the amending language by striking out “who is” in amending clause 1(

j) to the regulations. [N.S. Reg. 165/2020] N.S. Reg. 164/2020 Day Care Regulations–amendment

Schedule “A” Amendment to the Day Care Regulations made by the Governor in Council under

Section 15 of

Chapter 120 of the Revised Statutes of Nova Scotia, 1989, the Early Learning and Child Care Act 1

Section 1 of the Day Care Regulations, N.S. Reg. 193/2010, made by the Governor in Council by Order in Council 2010-456 dated December 20, 2010, is amended by striking out “Day Care” and substituting “Early Learning and Child Care” immediately before “Regulations”. 2

Section 2 of the regulations is amended by (

a) adding “as required by

Section 7A of the Act” immediately after “providers” in the definition of “family home consultant”; and (

b) adding the following

definitions where they belong in alphabetical order: “family communications plan” means the communications plan required for a licensee or care provider by

Section 32A; “inspection” means an examination or inspection in accordance with

Section 8 of the Act; “play group” means a play group provided by an agency for children enrolled in the family child- care homes managed by the agency; © NS Office of the Registrar of Regulations. Web version. 610

N.S. Reg. 164/2020 Royal Gazette

Part II - Regulations Vol. 44, No. 23 (

c) repealing the

definitions of “agency”, “care provider”, “family day care home”, “family home day care program”, “licensee” and “parent”. 3 (1) Subsection 3(1) of the regulations is repealed. (2) Subsection 3(2) of the regulations is amended by (

a) striking out “For the purpose of subclause 2(a)(ii) of the Act, the following services are exempted from the definition of “day care”” and substituting “All of the following services are exempt from the definition of “child care” in the Act”; (

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

i) and substituting a semicolon; and (

c) adding the following clauses immediately after clause (i): (

j) an organized recreation program offered by a recognized community recreation provider; (

k) an organized religious activity. 4 Subsection 5(2) of the regulations is amended by striking out “family home day care program” and substituting “family home child-care agency”. 5 The regulation[s] are further amended by repealing Sections 13 and 14 and substituting the following Sections: Inspections 13

(1) A facility, an agency and a family child-care home must be inspected regularly and in accordance with these regulations and the policy and procedures established by the Minister.

(2) During an inspection, a licensee must, on request, make available proof that the following comply with the regulations, orders and directions of the appropriate authorities respecting fire prevention, safety, health and sanitary requirements and all applicable municipal bylaws: (

a) a facility used by the licensee; (

b) a space used by the licensee for a play group; (

c) any family child-care home under the management of the licensee. Agency’s duties 14 In exercising its duties under

Section 7A of the Act, an agency must do all of the following: (

a) ensure that each care provider and family child-care home under the agency’s management operates in accordance with all of the following, as applicable: (

i) the Act and its regulations, (ii) any funding agreements between the agency and the Minister, (iii) the service agreements between the care provider and the agency, (iv) the policies and procedures established by the Minister; © NS Office of the Registrar of Regulations. Web version. 611

N.S. Reg. 164/2020 Royal Gazette

Part II - Regulations Vol. 44, No. 23 (

b) regularly assess care providers and family child-care homes under the agency’s management; (

c) operate in accordance with its licence proposal, as approved under

Section 7; (

d) ensure that its family home consultant makes regular visits to its family child-care homes. Family home consultant’s duties 14A A family home consultant’s duties include all of the following: (

a) assisting parents and care providers in matching the parents’ requirements with services; (

b) providing administrative support and record-keeping; (

c) organizing parent committee meetings; (

d) providing a lending library; (

e) providing regular play groups; (

f) coordinating the delivery of professional development courses for care providers and for agency staff associated with the management of family child-care homes; (

g) providing or organizing transportation for care providers and children enrolled in the agency’s approved family child-care homes to attend agency functions. 6

Section 16 of the regulations is repealed. 7

(1) The regulations are further amended by striking out the heading immediately before

Section 17A and substituting “Liability insurance”.

(2) Section 17A of the regulations is amended by adding “and agency” immediately after “facility”. 8 The regulations are further amended by repealing

Section 18 and substituting the following Sections: Daily programs 18

(1) A daily program for children enrolled at a facility or family child-care home must be developmentally appropriate and promote the participation of all children.

(2) Children enrolled in a full-day program at a facility or in a family home child-care program must be provided with all of the following at least daily: (

a) a rest time; (

b) a developmentally appropriate period of outdoor activity, except when extreme weather conditions exist; (

c) opportunities for physical activity.

(3) Children enrolled in a school-age program at a facility or family child-care home must be provided with the requirements in clauses (3) [(2)](

b) and (3)[(2)](c). © NS Office of the Registrar of Regulations. Web version. 612

N.S. Reg. 164/2020 Royal Gazette

Part II - Regulations Vol. 44, No. 23

(4) Every licensee and care provider must comply with any additional daily program requirements established by the Minister.

(5) A program at facility or family child-care home that offers extended hours of operation for a child-care program must comply with any requirements for programs offering extended hours established by the Minister. Agency play group 18A A play group must be developmentally appropriate and promote the participation of all children enrolled in the agency’s approved family child-care homes. 9 (1) Subsection 20(1) of the regulations is repealed. (2) Subsection 20(3) of the regulations is amended by adding “in a facility that is” immediately after “Space”. (3) Clause 20(5)(

a) of the regulations is repealed. 10 Clause 20A(1)(

a) of the regulations is repealed. 11 (1) Subsection 21(2) of the regulations is amended by striking out “enrolled in a day care program” and substituting “in attendance at a facility or family child-care home” immediately after “is”. (2) Subsection 21(4) of the regulations is amended by striking out “enrolled in a day care program” and substituting “in attendance at a facility or family child-care home” immediately after “is”. 12 The regulations are further amended by repealing subsection 22(7) and substituting the following subsection:

(7) Any outdoor play structure for gross motor activity that is provided for children enrolled at a facility must comply with the health and safety requirements for outdoor play established by the Minister. 13 Subsection 25(1) of the regulations is amended by adding “and care provider” immediately after “licensee”. 14 Subsection 27(3) of the regulations is amended by adding “or care provider” immediately after “staff member”. 15

Section 30 of the regulations is amended by adding “, in addition to the requirements of that Act,” immediately after “licensee must”. 16

(1) Subsection 30B(1) of the regulations is amended by (

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

d) and substituting a semicolon; and (

b) adding the following clause immediately after clause (d): (

e) a child is not accounted for during any period of time, as required by

Section 33A.

(2) Subsections 30B(2) and 30B(3) of the regulations are repealed and the following subsections substituted:

(2) All of the following must be done when a serious incident occurs: © NS Office of the Registrar of Regulations. Web version. 613

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Part II - Regulations Vol. 44, No. 23 (

a) any necessary medical assistance must be immediately secured and all possible efforts made to notify the parents of any child affected; (

b) the licensee must be notified no later than 24 hours after the time the serious incident occurs; (

c) a

summary report that meets the requirements of clause 30A(2)(

b) must be prepared and a copy placed in the file of each affected child no later than 7 days after the date the serious incident occurs; (

d) except as provided in subsection (4), the Department must be advised of the serious incident no later than 24 hours after the time the serious incident occurs.

(3) The person responsible for the serious incident procedures required by subsection (2) is (

a) for a serious incident that occurs at a facility or in respect of a child-care program at a facility, the facility director; (

b) for a serious incident that occurs at a family child-care home, (

i) except for the requirement in clause (2)(d), the care provider for the home, (ii) for the requirement in clause (2)(d), the agency director.

(4) An agency must ensure that the Department is advised of any serious incident in a family home child-care program no later than 24 hours after the time the agency becomes aware of the serious incident. 17 Subsection 31(2) of the regulations is amended by striking out “and reason for” immediately after “date of”. 18 The regulations are further amended by repealing

Section 32 and substituting the following Sections: Daily record of attendance 32

(1) A daily record of attendance for each child enrolled in a child-care program must be kept by the facility director or care provider.

(2) A daily record of attendance must include the child’s arrival and departure times and reasons for any absence. Family communications plan 32A

(1) Each licensee and care provider must establish a family communications plan that complies with any requirements established by the Minister to facilitate communication and engagement between (

a) for a licensee, the licensee and the parents and families of children enrolled in the child- care programs operated or managed by the licensee; (

b) for a care provider, the care provider, agency and the parents and families of children enrolled in the care provider’s family home child-care program.

(2) A family communications plan established under clause (1)(

b) must also comply with any requirements set by the agency managing the care provider’s family child-care home. © NS Office of the Registrar of Regulations. Web version. 614

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Part II - Regulations Vol. 44, No. 23 19

Section 33 of the regulations is amended by (

a) striking out “A” and substituting “Each” immediately before “facility director”; (

b) striking out “or, in the case of a family home day care program” and substituting “and”; and (

c) striking out “any absence of a child due to illness and” immediately after “about”. 20 The table in subsection 34(1) of the regulations is amended by (

a) under the heading “Full-day Program”, (

i) adding the following row immediately after the row that begins with “Toddler”: Preschooler and toddler older than 30 months old 1 to 7 (ii) striking out “Mixed” in the 1st column of the row that begins with “Mixed” and substituting “Other mixed”. (

b) under the heading “Family Home Day Care Program”, striking out “only” in the 1st column of [the] row that begins with “School age” and substituting “and pre-primary children”. 21 The table in subsection 34(3) of the regulations is amended by (

a) under the heading “Full-day Program”, (

i) adding the following row immediately after the row that begins with “Toddler”: Preschooler and toddler older than 30 months old 24 (ii) striking out “Mixed” in the 1st column of the row that begins with “Mixed” and substituting “Other mixed”. 22 Subclause 37F(1)(a)(

i) of the regulations is amended by striking out “or” immediately after “early”. 23 Subsection 41(1) of the regulations is repealed. 24 Clause 42(2)(

c) of the regulations is amended by (

a) in clause (b), striking out “day care training” and substituting “child-care training”; and (

b) in clause (c), striking out “at least once every 30 days to provide the services and support as specified in clause 14(e)” and substituting “to provide the services and supports set out in

Section 14B”. 25 (1) Subsection 43(1) of the regulations is amended by (

a) adding the following definition where it belongs in alphabetical order: © NS Office of the Registrar of Regulations. Web version. 615

N.S. Reg. 164/2020 Royal Gazette

Part II - Regulations Vol. 44, No. 23 “criminal record check” means a record prepared by a police agency or other service that contains information on whether an individual has any convictions or outstanding charges awaiting disposition under a federal or provincial enactment; (

b) striking out the definition of “record check” and substituting the following definition: “record check”, when no specific record or register is referred to, means any of the following: (

i) vulnerable sector check, (ii) criminal record check, (iii) child abuse register check; (2) Subsection 43(4) of the regulations is amended by striking out “to (c)” and substituting “and (b)”.

(3) The regulations are further amended by adding the following subsection immediately after subsection 43(7):

(8) Despite subsections (3) and (7), a person who is refused a vulnerable records check by an authorized body in accordance with the criteria required by the Criminal Records Act (Canada) must provide all of the following to the licensee: (

a) evidence of the authorized body’s refusal, to the satisfaction of the licensee; (

b) the results of a criminal record check in place of the vulnerable sector check as is required for the vulnerable sector check under this Section. 26 (1) Subsection 44(1) of the regulations is amended by adding “that contains the information required under its family communications plan and any additional information required by the Minister” immediately after “children”. (2) Subsections 44(2) and (3) of the regulations are repealed. (3) Subsection 44(4) of the regulations is amended by (

a) adding “access to all of the following:” immediately after “with”; and (

b) striking out “and” at the end of clause 44(4)(a). 27 The regulations are further amended by repealing

Section 45 and substituting the following Section: Information required to be posted 45 Each licensee and care provider must post all of the following in a visible place in their facility, agency or family child-care home: (

a) for a licensee, their licence; (

b) a copy of the report of their most recent inspection; (

c) the information required under its family communications plan; (

d) any notice or additional information required by the Minister. © NS Office of the Registrar of Regulations. Web version. 616

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Part II - Regulations Vol. 44, No. 23 28

(1) The regulations are further amended by repealing subsection 47(3) and substituting the following subsection:

(3) A parent committee must be open and accessible to parents of all enrolled children. (2) Subsections 47(4) to (7) of the regulations are repealed. 29 Sections 48 and

Section 49 of the regulations are repealed. 30 The regulations are further amended by repealing

Section 50 and substituting the following Sections: Fire Code defined 50 For the purpose of this

Section and Sections 50A to 50B, “Fire Code” means the Fire Code adopted under the Fire Safety Act. Emergency rules and procedures for facilities and family child-care homes 50A

(1) Each facility director and care provider must establish emergency rules and procedures for its facilities or family child-care home, including a fire safety plan established in accordance with the Fire Code.

(2) Each facility director and care provider must post all of the following in a visible location at its facilities or family child-care home: (

a) the fire safety plan; (

b) a current list of emergency telephone numbers including 911, the local hospital emergency department and poison control; (

c) the location of a safe meeting place, which must be outside of the facility or home and known to the children, staff and care providers.

(3) Each facility director and care provider must carry out an emergency evacuation drill at least once per month. Emergency and fire safety procedures for play groups 50B

(1) Each agency director who hosts a play group must establish emergency rules and procedures including, except as provided in subsection (2), a fire safety plan established in accordance with the Fire Code.

(2) For a play group located in a building that is not under an agency’s control, the agency director must follow the fire safety plan for the building where the play group is located.

(3) An agency director must carry out emergency evacuation drills in accordance with the applicable fire safety plan. 31

Section 53 of the regulations is amended by striking out “day care services” and substituting “child care”. 32

(1) Form 1 of the regulations is amended by striking out “day care facility” and substituting “child-care facility”.

(2) Form 2 of the regulations is amended by (

a) striking out “License for Family Home Day Care Program” in the title of the Form and © NS Office of the Registrar of Regulations. Web version. 617

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Part II - Regulations Vol. 44, No. 23 substituting “Family Home Child-Care Agency; (

b) striking out “Family Home Day Care Agency” and substituting “Family Home Child-Care Agency”; (

c) striking out “a family home day care program” and substituting “a family home child-care agency” immediately after “operate”. 33 The regulations are further amended by (

a) striking out “Day Care Act” wherever it appears and substituting “Early Learning and Child Care Act”; (

b) striking out “family home day care program” wherever it appears, except in the definition of “former regulations” in

Section 2, and substituting “family home child-care program”; (

c) striking out “family day care homes” wherever it appears and substituting “family child-care homes”; (

d) striking out “family day care home” wherever it appears and substituting “family child-care home”; (

e) striking out “day care program” wherever it appears, except in the definition of “former regulations” in

Section 2, and substituting “child-care program”; (

f) striking out “day care” wherever it appears, except in the definition of “former regulations” in

Section 2, and substituting “child care”; (

g) striking out “license” wherever it appears and substituting “licence”. © NS Office of the Registrar of Regulations. Web version. 618