Summary Offence Tickets Regulations–amendment Order dated May 7, 2021

N.S. Reg. 78/2021

Nova Scotia — Gazette

Volume 45, No. 12 June 4, 2021

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

Page Education Act Proclamation of amendments to Act, S. 3, S.N.S. 2019, c. 14 214. . . . . . . . . . . . . . . . . . . . . . . 82/2021 Ministerial Education Act Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81/2021 210 Liquor Control Act Liquor Licensing Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83/2021 216 –amendment. 219. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84/2021 –amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85/2021 220 Petroleum Products Pricing Act Prescribed Petroleum Products Prices 205. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79/2021 Prescribed Petroleum Products Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80/2021 208

Summary Proceedings Act

Summary Offence Tickets Regulations–amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78/2021 204 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. 203

N.S. Reg. 78/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 12 N.S. Reg. 78/2021 Made: May 7, 2021 Filed: May 14, 2021

Summary Offence Tickets Regulations–amendment Order dated May 7, 2021 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, Randy Delorey, 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, effective on and after the date of this order, hereby (

a) amend

Schedule M-2 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 Halifax Regional Municipality Animal By-law and C&D Materials Recycling and Disposal License By- law 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. Dated and made May 7, 2021, at Antigonish, Province of Nova Scotia. sgd. Randy Delorey Honourable Randy Delorey 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 M-2 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 items 29 to 32 under the heading “Animal By-law -A-700” and substituting the following items: 29 Creating nuisance by feeding or permitting feeding of birds 16(3) $352.50 30 Creating nuisance by feeding or permitting feeding of 16A $352.50 wildlife © NS Office of the Registrar of Regulations. Web version. 1 204

2 N.S. Reg. 78/2021 - 79/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 12 31 Violating by-law or order made under (specify

Section of 32(1)(a) $467.50 by-law or

Section of by-law order issued under) 32 Failing to comply with order made under (specify

Section 32(1)(b) $467.50 of by-law order issued under) 33 Permitting violation of by-law or order (specify

Section of 32(1)(c) $467.50 by-law or

Section of by-law order issued under) 34 Obstructing or hindering person performing duties under 32(1)(d) $467.50 by-law or order made under by-law (specify)

Schedule M-2 to the regulations is further amended by adding the following heading and items immediately before the heading “Cemeteries By-law - C-200”: C&D Materials Recycling and Disposal License By-law - L-200 1 Operating C&D processing facility, transfer station or 3(1) $697.50 C&D disposal site (specify) without license 2 Owner of C&D processing facility, transfer station or C&D 5(1) $679.50 disposal site (specify) failing to maintain minimum insurance 3 Owner of C&D processing facility, transfer station or C&D 5(2) $697.50 disposal site (specify) failing to post required bond or letter of credit N.S.

Reg. 79/2021 Made: May 13, 2021 Filed: May 14, 2021 Prescribed Petroleum Products Prices Order dated May 13, 2021 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 M10123 - 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: Roland A. Deveau, Q.C., Vice Chair

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; © NS Office of the Registrar of Regulations. Web version. 205

N.S. Reg. 79/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 12 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 on December 30, 2020, the Board issued an interim order in Matter M09952 increasing the wholesale margin for self-service and full-service gasoline and diesel, on an interim basis, by 2.50 cents per litre (cpl) to a total of 9.15 cpl; And

whereas the Board revised the retail markup and the transportation allowance effective October 28, 2016, in its decision, 2016 NSUARB 168, issued on September 26, 2016, and on February 1, 2021, the Board issued an order in Matter M09727 approving an increase to the minimum self-service and full-service retail markup by 0.3 cpl and to the maximum self-service retail markup by 0.4 cpl, to a total for the minimum of 5.4 cpl, and for the maximum of 7.4 cpl; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the period ended May 12, 2021, are: Grade 1 Regular gasoline 68.87¢ per litre Ultra-low-sulfur diesel oil 65.14¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 68.87¢ per litre Grade 2 71.87¢ per litre Grade 3 74.87¢ per litre Ultra-low-sulfur diesel oil 65.14¢ 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 1.02¢ per litre Ultra-low-sulfur diesel oil: plus 0.9¢ per litre And

now therefore the Board prescribes the prices for petroleum products as set forth in

Schedule “A” effective on and after 12:01 a.m., May 14, 2021. Dated at Halifax, Nova Scotia, this 13th day of May, 2021. sgd. Bruce A. Kiley Clerk of the Board © NS Office of the Registrar of Regulations. Web version. 206

N.S. Reg. 79/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 12

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 14, 2021 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 80.91 10.0 15.5 106.41 128.6 130.9 128.6 999.9 Mid-Grade Unleaded 83.91 10.0 15.5 109.41 132.0 134.3 132.0 999.9 Premium Unleaded 86.91 10.0 15.5 112.41 135.5 137.8 135.5 999.9 Ultra-Low-Sulfur Diesel 77.41 4.0 15.4 96.81 117.5 119.8 117.5 999.9 Zone 2 Regular Unleaded 81.41 10.0 15.5 106.91 129.2 131.5 129.2 999.9 Mid-Grade Unleaded 84.41 10.0 15.5 109.91 132.6 134.9 132.6 999.9 Premium Unleaded 87.41 10.0 15.5 112.91 136.1 138.4 136.1 999.9 Ultra-Low-Sulfur Diesel 77.91 4.0 15.4 97.31 118.1 120.4 118.1 999.9 Zone 3 Regular Unleaded 81.81 10.0 15.5 107.31 129.6 131.9 129.6 999.9 Mid-Grade Unleaded 84.81 10.0 15.5 110.31 133.1 135.4 133.1 999.9 Premium Unleaded 87.81 10.0 15.5 113.31 136.5 138.8 136.5 999.9 Ultra-Low-Sulfur Diesel 78.31 4.0 15.4 97.71 118.6 120.9 118.6 999.9 Zone 4 Regular Unleaded 81.91 10.0 15.5 107.41 129.7 132.0 129.7 999.9 Mid-Grade Unleaded 84.91 10.0 15.5 110.41 133.2 135.5 133.2 999.9 Premium Unleaded 87.91 10.0 15.5 113.41 136.6 138.9 136.6 999.9 Ultra-Low-Sulfur Diesel 78.41 4.0 15.4 97.81 118.7 121.0 118.7 999.9 Zone 5 Regular Unleaded 81.91 10.0 15.5 107.41 129.7 132.0 129.7 999.9 Mid-Grade Unleaded 84.91 10.0 15.5 110.41 133.2 135.5 133.2 999.9 Premium Unleaded 87.91 10.0 15.5 113.41 136.6 138.9 136.6 999.9 Ultra-Low-Sulfur Diesel 78.41 4.0 15.4 97.81 118.7 121.0 118.7 999.9 Zone 6 Regular Unleaded 82.61 10.0 15.5 108.11 130.5 132.8 130.5 999.9 Mid-Grade Unleaded 85.61 10.0 15.5 111.11 134.0 136.3 134.0 999.9 Premium Unleaded 88.61 10.0 15.5 114.11 137.4 139.7 137.4 999.9 Ultra-Low-Sulfur Diesel 79.11 4.0 15.4 98.51 119.5 121.8 119.5 999.9 © NS Office of the Registrar of Regulations.

Web version. 207

N.S. Reg. 80/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 12 N.S. Reg. 80/2021 Made: May 20, 2021 Filed: May 21, 2021 Prescribed Petroleum Products Prices Order dated May 20, 2021 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 M10121 - 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: Jennifer L. Nicholson, CPA, CA, 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 on December 30, 2020, the Board issued an interim order in Matter M09952 increasing the wholesale margin for self-service and full-service gasoline and diesel, on an interim basis, by 2.50 cents per litre (cpl) to a total of 9.15 cpl; And

whereas the Board revised the retail markup and the transportation allowance effective October 28, 2016, in its decision, 2016 NSUARB 168, issued on September 26, 2016, and on February 1, 2021, the Board issued an order in Matter M09727 approving an increase to the minimum self-service and full-service retail markup by 0.3 cpl and to the maximum self-service retail markup by 0.4 cpl, to a total for the minimum of 5.4 cpl, and for the maximum of 7.4 cpl; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the period ended May 19, 2021, are: Grade 1 Regular gasoline 69.35¢ per litre Ultra-low-sulfur diesel oil 65.05¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 69.35¢ per litre Grade 2 72.35¢ per litre Grade 3 75.35¢ per litre Ultra-low-sulfur diesel oil 65.05¢ per litre © NS Office of the Registrar of Regulations. Web version. 208

N.S. Reg. 80/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 12 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 0.54¢ per litre Ultra-low-sulfur diesel oil: plus 0.40¢ per litre And

now therefore the Board prescribes the prices for petroleum products as set forth in

Schedule “A” effective on and after 12:01 a.m., May 21, 2021. Dated at Halifax, Nova Scotia, this 20th day of May, 2021. 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 May 21, 2021 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 80.91 10.0 15.5 106.41 128.6 130.9 128.6 999.9 Mid-Grade Unleaded 83.91 10.0 15.5 109.41 132.0 134.3 132.0 999.9 Premium Unleaded 86.91 10.0 15.5 112.41 135.5 137.8 135.5 999.9 Ultra-Low-Sulfur Diesel 76.82 4.0 15.4 96.22 116.9 119.2 116.9 999.9 Zone 2 Regular Unleaded 81.41 10.0 15.5 106.91 129.2 131.5 129.2 999.9 Mid-Grade Unleaded 84.41 10.0 15.5 109.91 132.6 134.9 132.6 999.9 Premium Unleaded 87.41 10.0 15.5 112.91 136.1 138.4 136.1 999.9 Ultra-Low-Sulfur Diesel 77.32 4.0 15.4 96.72 117.4 119.7 117.4 999.9 Zone 3 Regular Unleaded 81.81 10.0 15.5 107.31 129.6 131.9 129.6 999.9 Mid-Grade Unleaded 84.81 10.0 15.5 110.31 133.1 135.4 133.1 999.9 Premium Unleaded 87.81 10.0 15.5 113.31 136.5 138.8 136.5 999.9 Ultra-Low-Sulfur Diesel 77.72 4.0 15.4 97.12 117.9 120.2 117.9 999.9 Zone 4 Regular Unleaded 81.91 10.0 15.5 107.41 129.7 132.0 129.7 999.9 Mid-Grade Unleaded 84.91 10.0 15.5 110.41 133.2 135.5 133.2 999.9 Premium Unleaded 87.91 10.0 15.5 113.41 136.6 138.9 136.6 999.9 Ultra-Low-Sulfur Diesel 77.82 4.0 15.4 97.22 118.0 120.3 118.0 999.9 © NS Office of the Registrar of Regulations.

Web version. 209

N.S. Reg. 80/2021 - 81/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 12 Zone 5 Regular Unleaded 81.91 10.0 15.5 107.41 129.7 132.0 129.7 999.9 Mid-Grade Unleaded 84.91 10.0 15.5 110.41 133.2 135.5 133.2 999.9 Premium Unleaded 87.91 10.0 15.5 113.41 136.6 138.9 136.6 999.9 Ultra-Low-Sulfur Diesel 77.82 4.0 15.4 97.22 118.0 120.3 118.0 999.9 Zone 6 Regular Unleaded 82.61 10.0 15.5 108.11 130.5 132.8 130.5 999.9 Mid-Grade Unleaded 85.61 10.0 15.5 111.11 134.0 136.3 134.0 999.9 Premium Unleaded 88.61 10.0 15.5 114.11 137.4 139.7 137.4 999.9 Ultra-Low-Sulfur Diesel 78.52 4.0 15.4 97.92 118.8 121.1 118.8 999.9 N.S.

Reg. 81/2021 Made: May 21, 2021 Filed: May 25, 2021 Ministerial Education Act Regulations–amendment Order dated May 21, 2021 Amendment to regulations made by the Minister of Education and Early Childhood Development pursuant to

Section 97 of the Education Act In the matter of

Section 97 of

Schedule A to

Chapter 1 of the Acts of 2018, the Education Act -and- In the matter of an amendment to the Ministerial Education Act Regulations made by the Minister of Education and Early Childhood Development Order I, Derek Mombourquette, Minister of Education and Early Childhood Development for the Province of Nova Scotia, pursuant to

Section 97 of

Schedule A to

Chapter 1 of the Acts of 2018, the Education Act, hereby amend the Ministerial Education Act Regulations, N.S. Reg. 59/2018, made by the Minister of Education and Early Childhood Development by order dated March 29, 2018, to include provisions regarding record check requirements, in the manner set forth in the attached

Schedule “A”, effective on and after the date that

Chapter 14 of the Acts of 2019, the Education Act, comes into force. Dated and made May 21, 2021, at Halifax Regional Municipality, Province of Nova Scotia. sgd. Derek Mombourquette Honourable Derek Mombourquette Minister of Education and Early Childhood Development © NS Office of the Registrar of Regulations. Web version. 210

N.S. Reg. 81/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 12

Schedule “A” Amendment to the Ministerial Education Act Regulations made by the Minister of Education and Early Childhood Development under

Section 97 of

Schedule A to

Chapter 1 of the Acts of 2018, the Education Act The Ministerial Education Act Regulations, N.S. Reg. 59/2018, made by the Minister of Education and Early Childhood Development by order dated March 29, 2018, is [are] amended by adding the following Sections immediately after

Section 75: Student Protection

Interpretation for Sections 77 to 84 76 In Sections 77 to 84, “annual declaration” means a declaration by an employee regarding whether the employee has been convicted of a criminal offence; “break in service” means any period of more than three consecutive calendar months during which a person who was an employee of an education entity was not employed by that education entity; “Child Abuse Register search” means a search of the Child Abuse Register conducted in accordance with the Children and Family Services Act; “criminal offence” means a criminal offence under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the criminal law of a competent jurisdiction outside of Canada in which the offence occurred; “direct contact” means physical interaction, verbal interaction or personal and sustained written or electronic interaction; “position of authority” means a position in which an individual’s role or responsibilities gives them control or influence over a student or other vulnerable person; “position of trust” means any of the following: (

i) a position held by an individual with fiduciary responsibility in respect of a student or other vulnerable person, (ii) a position in which the role or responsibilities of the individual occupying the position may reasonably cause a student or other vulnerable person to believe that they are under the individual’s protection, care or control; “signature” includes a written or electronic signature or other manner of identification approved by the Minister; “superintendent” means the superintendent of the Conseil acadien under the Education (CSAP) Act.

Prescribed persons under subsection 53C(1) of the Act 77 For the purposes of subsection 53C(1) of the Act, an education entity must require a person who has applied for or been offered employment or engagement in a position of trust or position of authority by the © NS Office of the Registrar of Regulations. Web version. 211

N.S. Reg. 81/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 12 education entity to provide a vulnerable sector check and a Child Abuse Register search as a precondition to the person’s employment or engagement with the education entity. Exemption from subsection 53C(1) of the Act 78

(1) A person described in

Section 77 is exempt from the requirements of subsection 53C(1) of the Act if all of the following criteria are met: (

a) there is no reasonable expectation that the person will work at a school or on school grounds when students or other vulnerable persons are present; (

b) the job functions of the position to be occupied by the person do not require the person to have direct contact with students; (

c) the regional executive director, superintendent or their designate approves the exemption of the person.

(2) An education entity may exempt a person from the requirement set out in clause 53C(1)(

a) of the Act if the education entity is satisfied by evidence that an authorized body has refused to complete a vulnerable sector check for the person in accordance with the criteria required by the Criminal Records Act (Canada).

(3) Nothing in subsections (1) or (2) exempts an education entity from its obligation under subsection 53C(2) of the Act to require a person to provide a criminal record check. Employee moving to a new role, position or engagement 79

(1) Subject to subsection (2), an education entity is not required to collect a new vulnerable sector check or Child Abuse Register search for a current employee who is offered a new role, position or engagement by that education entity. (2) Subsection (1) does not apply in any of the following circumstances: (

a) the employee was exempt from the requirements of subsection 53C(1) of the Act under subsection 78(1) but does not meet the criteria for exemption in the new role, position or engagement; (

b) the employee has had or will have a break in service immediately prior to commencing the new role, position or engagement. Verification of record checks 80

(1) An education entity must not enter an employment or engagement relationship with a person until the education entity has collected and verified the record checks required under

Section 53C of the Act and in accordance with these regulations.

(2) For the purposes of this

Section and

Section 53C of the Act, a record check must have been completed less than 6 months prior to the date the record check is provided to the education entity. Criminal record check

schedule 81 An education entity is required to collect the results of a criminal record check for each person employed or engaged by the education entity in a position of trust or position of authority no later than 5 years after the most recent of the following dates: (

a) the date these regulations come into force; © NS Office of the Registrar of Regulations. Web version. 212

N.S. Reg. 81/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 12 (

b) the date the education entity collected (

i) the most recent vulnerable sector check of the person under clause 53C(1)(

a) of the Act, or (ii) the most recent criminal record check of the person under subsection 53C(2) of the Act. Regional executive director 82 Except as otherwise provided in these regulations, the Department must collect and verify record checks from a regional executive director and any person applying for a position as a regional executive director in an equivalent form and manner as an education entity must collect and verify record checks from a person who has applied for employment or engagement with or is employed or engaged by the education entity in a position of trust or position of authority. Collection of annual declaration 83

(1) An education entity must collect an annual declaration from each employee of the education entity at least once during every school academic year.

(2) A regional executive director must provide an annual declaration to the Department in an equivalent form and manner as an employee of an education entity. Form and content of annual declaration 84 An employee of an education entity must complete an annual declaration in a form acceptable to the Minister that includes all of the following information: (

a) employee name and identifying number; (

b) employer; (

c) date of the declaration; (

d) a declaration of whether the employee has been convicted of a criminal offence in the period since (

i) the employee’s most recent declaration, or (ii) the most recent criminal record check or vulnerable sector check collected by the employer, if the employee has not provided a prior declaration; (

e) a description of any criminal offences of which the employee was convicted; (

f) the employee’s signature; (

g) any additional information the Minister reasonably requires. Manner of disclosure under

Section 53F of the Act 85 For the purpose of

Section 53F of the Act, (

a) an employee who becomes aware that they have been charged with or convicted of a criminal offence must disclose the charge or conviction without delay to the director of human resources, the regional executive director or the superintendent of every education entity that employs the employee; © NS Office of the Registrar of Regulations. Web version. 213

N.S. Reg. 81/2021 - 82/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 12 (

b) a regional executive director who becomes aware that they have been charged with or convicted of a criminal offence must disclose the charge or conviction without delay to the Deputy Minister or a person designated by the Deputy Minister; and (

c) a superintendent who becomes aware that they have been charged with or convicted of a criminal offence must disclose the charge or conviction without delay to the Chair of the Conseil or a person designated by the Conseil. Content of disclosure 86 An employee making a disclosure under

Section 53F of the Act must provide their employer with all of the following information in relation to the charge or conviction: (

a) the relevant jurisdiction of the charge or conviction; (

b) the nature of the charge or conviction and, if applicable, each

section of the Criminal Code (Canada) or other enactment that the employee was charged or convicted under; (

c) any additional information the employer reasonably requests in writing. N.S. Reg. 82/2021 Made: May 21, 2021 Filed: May 25, 2021 Proclamation of amendments to Act, S. 3, S.N.S. 2019, c. 14 Order in Council 2021-137 dated May 21, 2021 Proclamation made by the Governor in Council pursuant to

Section 3 of

An Act to Amend

Schedule A to

Chapter 1 of the Acts of 2018, the Education Act, Respecting Student Protection The Governor in Council on the report and recommendation of the Minister of Education and Early Childhood Development dated April 8, 2021, and pursuant to

Section 3 of

Chapter 14 of the Acts of 2019,

An Act to Amend

Schedule A of

Chapter 1 of the Acts of 2018, the Education Act, Respecting Student Protection, is pleased to order and declare by proclamation that

Chapter 14 of the Acts of 2019,

An Act to Amend

Schedule A of

Chapter 1 of the Acts of 2018, the Education Act, Respecting Student Protection, do come into force on and not before May 21, 2021. 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. 214

3 N.S. Reg. 82/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 12 A PROCLAMATION

WHEREAS in and by

Section 3 of

Chapter 14 of the Acts of 2019,

An Act to Amend

Schedule A of

Chapter 1 of the Acts of 2018, the Education Act, Respecting Student Protection, it is enacted as follows: 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 14 of the Acts of 2019,

An Act to Amend

Schedule A of

Chapter 1 of the Acts of 2018, the Education Act, Respecting Student Protection, do come into force on and not before May 21, 2021; 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 14 of the Acts of 2019,

An Act to Amend

Schedule A of

Chapter 1 of the Acts of 2018, the Education Act, Respecting Student Protection, do come into force on and not before May 21, 2021, 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 21st day of May in the year of Our Lord two thousand and twenty-one and in the seventieth year of Our Reign. BY COMMAND: sgd: Honourable Randy Delorey Provincial Secretary Attorney General and Minister of Justice © NS Office of the Registrar of Regulations. Web version. 215

1 2 N.S. Reg. 83/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 12 N.S. Reg. 83/2021 Made: May 26, 2021 Filed: May 26, 2021 Liquor Licensing Regulations–amendment Order in Council 2021-139 dated May 26, 2021 Amendment to regulations made by the Governor in Council pursuant to

Section 50 of the Liquor Control Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Internal Services dated May 12, 2020, and pursuant to

Section 50 of

Chapter 260 of the Revised Statutes of Nova Scotia, 1989, the Liquor Control Act, is pleased to amend the Liquor Licensing Regulations, N.S. Reg. 365/2007, made by the Governor in Council by Order in Council 2007-445 dated August 17, 2007, to reduce regulatory burden and enable greater flexibility of operation of licensed establishments, in the manner set forth in

Schedule “A”, attached to and forming part of the report and recommendation, effective on and after May 26, 2021.

Schedule “A” Amendment to the Liquor Licensing Regulations made by the Governor in Council under

Section 50 of

Chapter 260 of the Revised Statutes of Nova Scotia, 1989, the Liquor Control Act Subsection 5(1) of the Liquor Licensing Regulations, N.S. Reg. 365/2007, made by the Governor in Council by Order in Council 2007-445 dated August 17, 2007, is amended by (

a) adding “ - class A” in the first column of the table immediately after “cabaret license”; and (

b) adding the following row to the table immediately after the row beginning “cabaret license - class A”: cabaret license (bar) - class B $311.45 Subsection 6(1) of the regulations is amended by (

a) adding “ - class A” in the first column of the table immediately after “cabaret license”; and (

b) adding the following row to the table immediately after the row beginning “cabaret license - class A”: cabaret license (bar) - class B $1869.00 3

(1) The heading immediately before

Section 9 of the regulations is amended by adding “class A” immediately before “cabaret license”.

(2) Section 9 of the regulations is amended by (

a) adding “class A” immediately before “cabaret” in subsection (1); and (

b) adding the following subsection immediately after subsection (2): © NS Office of the Registrar of Regulations. Web version. 216

N.S. Reg. 83/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 12

(3) A cabaret license held by a person on the date that this subsection comes into force is deemed to be a class A cabaret license. 4

Section 45 of the regulations is repealed and the following

Section substituted: When minor may be in tavern, lounge, beverage room or class A cabaret 45

(1) This

Section applies to a premises where full meal service is provided and for which 1 of the following types of permanent licences is in effect: (

a) tavern license; (

b) beverage room license; (

c) lounge license; (

d) class A cabaret license.

(2) Except as prohibited in

Section 47, a person who is under 19 years old may enter and be in a licensed premises to which this

Section applies until 10:00 p.m. if 1 of the following conditions is met: (

a) the person is accompanied by a parent, legal guardian or spouse who is 19 years old or older; (

b) the person is employed by the licensee, at work on premises and under adult supervision. 5

(1) The heading immediately before

Section 46 of the regulations is amended by adding “class A” immediately before “cabaret”. (2) Subsection 46(1) of the regulations is amended by adding “class A” immediately before “cabaret license”. 6 Subsection 53(1) of the regulations is amended by (

a) striking out “12:00 p.m.” in the second column of the row beginning “beverage room license” and substituting “10:00 a.m.”; (

b) adding “ - class A” in the first column of the table immediately after “cabaret license”; (

c) striking out “12:00 p.m.” in the second column of the row beginning “cabaret license - class A” and substituting “10:00 a.m.”; (

d) adding the following row immediately after the row beginning “cabaret license - class A”: cabaret license (bar) - class B 11:00 a.m. Monday to 2:00 a.m. Tuesday 11:00 a.m. Tuesday to 2:00 a.m. Wednesday 11:00 a.m. Wednesday to 2:00 a.m. Thursday 11:00 a.m. Thursday to 2:00 a.m. Friday 11:00 a.m. Friday to 2:00 a.m. Saturday 11:00 a.m. Saturday to 2:00 a.m. Sunday 10:00 a.m. Sunday to 2:00 a.m. Monday © NS Office of the Registrar of Regulations. Web version. 217

N.S. Reg. 83/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 12 (

e) striking out “12:00 p.m.” in the second column of the row beginning “lounge license” and substituting “10:00 a.m.”; and (

f) striking out “12:00 p.m.” in the second column of the row beginning “tavern license” and substituting “10:00 a.m.” 7 Clause 56(1)(

a) of the regulations is amended by striking out “or an agency store” and substituting “, an agency store or manufacturer permitted by the Corporation”. 8 (1) Subsection 61(1) of the regulations is amended by (

a) adding “or drugs” immediately after “liquor” in clause (a); [and] (

b) striking out “drunk” and substituting “intoxicated” in clause (b); and [.] (2) Subsection 61(2) of the regulations is amended by striking out “drunk” and substituting “intoxicated”. 9 (1) Subsection 63(1) of the regulations is amended by (

a) striking out “with the customer” in clause (

b) and substituting “on site”; (

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

b) and substituting a semicolon; and (

c) adding the following clauses immediate [immediately] after clause (b): (

c) samples are provided by the manufacturer or registered representative no more than once a month; (

d) the duration of the sampling event is no longer than 1 hour; (

e) the sampling event is not held after 12:00 a.m.

(2) Section 63 of the regulations is further amended by repealing subsections (2) and (3) and substituting the following subsections:

(2) A licensee must ensure that a manufacturer or registered representative does not serve more than 1 regular serving to each customer during a sampling event.

(3) A licensee must keep a record of all of the following information about a sampling event in accordance with

Section 75: (

a) the name of the manufacturer or registered representative; (

b) a list of the products sampled; (

c) the amount of products sampled. 10

(1) The heading immediately before

Section 69 of the regulations is amended by striking out “Cabaret” and substituting “Class A cabaret”.

(2) Section 69 of the regulations is amended by adding “class A” and immediately before “cabaret”. © NS Office of the Registrar of Regulations. Web version. 218

N.S. Reg. 84/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 12 N.S. Reg. 84/2021 Made: May 26, 2021 Filed: May 26, 2021 Liquor Licensing Regulations–amendment Order in Council 2021-140 dated May 26, 2021 Amendment to regulations made by the Governor in Council pursuant to

Section 50 of the Liquor Control Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Internal Services dated May 11, 2021, and pursuant to

Section 50 of

Chapter 260 of the Revised Statutes of Nova Scotia, 1989, the Liquor Control Act, is pleased to amend the Liquor Licensing Regulations, N.S. Reg. 365/2007, made by the Governor in Council by Order in Council 2007-445 dated August 17, 2007, to enable the delivery of ready-to-drink beverages and higher-value wine from licensed restaurants and eating establishments, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after May 26, 2021.

Schedule “A” Amendment to the Liquor Licensing Regulations made by the Governor in Council under

Section 50 of

Chapter 260 of the Revised Statutes of Nova Scotia, 1989, the Liquor Control Act 1

(1) Section 2 of the Liquor Licensing Regulations, N.S. Reg. 365/2007, made by the Governor in Council by Order in Council 2007-445 dated August 17, 2007, is amended by adding the following clause immediately after clause (b): (ba) “cider” means a liquor that is produced by the complete or partial alcoholic fermentation of apples, and contains no less than 2.5 percent and no more than 13.0 percent alcohol by volume;

(2) Section 2 of the regulations is further amended by adding the following clause immediately after clause (i): (ia) “ready-to-drink beverage” means a ready-to-drink liquor mixture that is (

i) pre-mixed and pre-packaged by a manufacturer, (ii) intended to be consumed as purchased, (iii) does not contain more than 16 percent alcohol by volume, and (iv) consists of (

A) more than one type of liquor, or (

B) at least one type of liquor and at least one additional liquid; Clause 50A(2)(

a) of the regulations is amended by striking out “cooler” and substituting “ready-to-drink beverage”. © NS Office of the Registrar of Regulations. Web version. 2 219

N.S. Reg. 84/2021 - 85/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 12 3

(1) Section 58C of the regulations is amended by adding “, ready-to-drink beverage” immediately after “wine” wherever it appears.

(2) Subclause 58C(2)(g)(ii) of the regulations is amended by adding “except as provided in clause (h),” immediately before “valued at not more than 3”.

(3) Subsection 58C(2) of the regulations is further amended by (

a) striking out the period at the end of subclause (g)(ii) and substituting a semicolon; and (

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

h) if a person’s purchase of liquor is one bottle of wine only, then the value of the wine may exceed 3 times the value of the food portion of the order. 4 The table in clause 62(1)(

b) of the regulations is amended by striking out “coolers” in row 1 of the “Type of Product” column and substituting “ready-to-drink beverages”. N.S. Reg. 85/2021 Made: May 26, 2021 Filed: May 26, 2021 Liquor Licensing Regulations–amendment Order in Council 2021-141 dated May 26, 2021 Amendment to regulations made by the Governor in Council pursuant to

Section 50 of the Liquor Control Act The Governor in Council on the report and recommendation of the Minister of Service Nova Scotia and Internal Services dated May 25, 2021, and pursuant to

Section 50 of

Chapter 260 of the Revised Statutes of Nova Scotia, 1989, the Liquor Control Act, is pleased to amend the Liquor Licensing Regulations, N.S. Reg. 365/2007, made by the Governor in Council by Order in Council 2007-445 dated August 17, 2007, to enable the take away and delivery of mixed drinks from licensed restaurants and eating establishments during a state of emergency, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after May 26, 2021.

Schedule “A” Amendment to the Liquor Licensing Regulations made by the Governor in Council under

Section 50 of

Chapter 260 of the Revised Statutes of Nova Scotia, 1989, the Liquor Control Act 1 Subsection 50A(1) of the Liquor Licensing Regulations, N.S. Reg. 365/2007, made by the Governor in Council by Order in Council 2007-445 dated August 17, 2007, is amended by striking out “Section 58B” and substituting “Sections 58B, 58C and 58D”. 2

Section 58 of the regulations is amended by striking out “and 58C” and substituting “, 58C and 58D”. 3

Section 58B of the regulations is amended by striking out “that was purchased in the licensee’s licensed premises” and substituting “that was produced by a licensee and purchased in the licensee’s licensed premises ”. © NS Office of the Registrar of Regulations. Web version. 220

N.S. Reg. 85/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 12 4

(1) Clause 58C(2)(

c) of the regulations is amended by adding “is at least 19 years old and” immediately after “clause (b)”.

(2) Clause 58C(2)(

g) of the regulations is amended by striking out “the total beer, wine or cider sold to a person under this

Section per take away or delivery order is” and substituting “the total liquor sold to a person per takeaway ordeliver [delivery] order under this

Section and

Section 58D together is”.

(3) Subsection 58C(3) of the regulations is amended by (

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

b) and substituting a semicolon; and (

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

c) refuse to deliver to a beach, park or other public place; (

d) return the liquor portion of the order to the licensee if any of the following applies with respect to the person to receive the order: (

i) they are intoxicated, (

i) their age cannot be verified, (iii) they are under 19 years old, (iv) they cannot be located. 5 The regulations are further amended by adding the following

Section immediately after

Section 58C: Sale of mixed drinks for consumption with food for take away or delivery from licensed premises during state of emergency 58D

(1) With the approval of the Executive Director, during a state of emergency declared by the Minister of Municipal Affairs under the Emergency Management Act, a licensee may prepare and sell mixed drinks from their licensed premises for take away or delivery from the licensed premises.

(2) A licensee must not prepare or sell a mixed drink under this

Section except in accordance with this

Section and any terms and conditions set by the Executive Director under this Section.

(3) In this Section, “glass” means a single-serving glass or other container used to hold and transport a mixed drink; “mixed drink” means a liquor mixture that meets all of the following: (

i) it is not pre-mixed, batch-prepared or pre-packaged by a manufacturer or the licensee, (ii) it is made and packaged by the licensee after it is ordered, (iii) it is no greater than 400 ml in volume, (iv) it consists of © NS Office of the Registrar of Regulations. Web version. 221

N.S. Reg. 85/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 12 (

A) more than 1 type of liquor, or (

B) at least 1 type of liquor and at least 1 additional liquid; (

v) it contains no more than 90 ml of liquor in total; (vi) it only contains liquor that is purchased directly by the licensee within the Province.

(4) A purchase of a mixed drink for take away or delivery from a licensed premises must meet all of the following requirements for the purchase: (

a) the mixed drink must be purchased as part of a take away or delivery order that includes food produced by the licensee under a food establishment permit issued under Food Safety Regulations made under the Health Protection Act; (

b) the mixed drink sold for delivery must be sold by and delivered by an employee of the licensed premises that it is sold from; (

c) an employee who performs any actions under clause (

b) is at least 19 years old and has training, acceptable to the Executive Director, in the skills necessary to implement responsible beverage service; (

d) the mixed drink is made by the licensee and the glass provided for its transport is sealed and tamper-proof; (

e) the container used for the mixed drink must be clearly labelled with all of the following information: (

i) all the ingredients in the drink, (ii) the percentage of alcohol by volume of the drink, (iii) whether the drink must be refrigerated or any other special storage instructions required for the mixed drink, (iv) the liquor name, brand name and volume of each liquor used; (

f) a person purchasing the mixed drink for take away must leave the licensed premises immediately after the purchase and must be informed of the requirements in subsections 54(6) and (7) of the Act for transporting liquor in a motor vehicle; (

g) the total liquor sold to a person per take away or delivery order under this

Section and

Section 58C together is (

i) no more than the amount that would be reasonably consumed with the number of meals being sold in the order, and (ii) valued at no more than 3 times the value, calculated before taxes or gratuities, of the food portion of the order.

(5) When an employee is providing a mixed drink under this Section, subsection 58C(3) applies with respect to the mixed drink. © NS Office of the Registrar of Regulations. Web version. 222

N.S. Reg. 85/2021 Royal Gazette

Part II - Regulations Vol. 45, No. 12

(6) A licencee must keep a record of all mixed drink sales made under this

Section for at least a year after the sale, with all of the following information recorded for each order: (

a) the date and time of the order; (

b) an indication of whether the sale was for pick-up or the address for delivery; (

c) the value of the food purchased; (

d) the value and type of alcohol purchased; (

e) the information included on the mixed drink label; (

f) the delivery fee charged; (

g) the total amount paid.

(7) Despite the hours during which a licensee is authorized to sell or dispense a mixed drink under these regulations, a licensee must not sell a mixed drink under this

Section before 10:00 a.m. or after 10:00 p.m.

(8) The Executive Director may establish any additional terms and conditions for licensees that the Executive Director determines are reasonable or necessary for take away or delivery sales under this

Section to ensure the intent of this

Section is met, including but not limited to record keeping or tracking requirements. 6 (1) Subsection 59(1) of the regulations is amended by striking out “and 58C ” and substituting “, 58C and 58D”. (2) Subsection 59(2) of the regulations is amended by striking out “Section 58B” and substituting “Sections 58B and 58D”. © NS Office of the Registrar of Regulations. Web version. 223

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 78/2021
Date	2021-06-04
Type	gazette
Volume / chapter	just regulations rg2 2021 RG2 2021 06 04
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	cbdc7f926c062a343483e6793688dce553a64155

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